Unless otherwise exempted by this chapter, any party performing an activity within the rights-of-way that requires a permit pursuant to this chapter must obtain the applicable permit prior to the performance of such activity and pay any applicable permit fee.
(1) An annual general permit shall be obtained at the time of the submission of the registration statement or immediately upon the registrant or the division determining that the registrant is performing activity within the right-of-way that requires the issuance of such a permit. Each time that a registrant is performing any of the activities listed below, it shall provide the government notification via the government's website. Any work performed without proper notification shall constitute work being done without a permit, and as such subject to the levy of fines.
a. Installation or replacement of wiring on existing towers, support structures, or poles when the work (a) necessitates presence in the right-of-way for more than one (1) day or (b) involves more than one thousand (1,000) line feet of cable or wire;
b. Replacement of existing towers, support structures, or poles when the work (a) necessitates presence in the right-of-way for more than two (2) days or (b) involves more than one thousand (1,000) line feet of cable or wire;
c. Excavations of existing facilities from ten (10) to twenty-five (25) square feet with no street or sidewalk cuts;
d. Installation of new underground lines in trenches of less than two hundred fifty (250) linear feet with a width of six (6) inches or less and with no street, curb, apron or sidewalk cuts;
e. Installation of new underground lines in trenches of fifty (50) linear feet or less with a width of twenty-four (24) inches or less and with no street, curb, apron or sidewalk cuts;
f. An underground boring larger than three (3) inches in diameter; or
g. Any underground boring located under a paved street.
Any other activity performed pursuant to an annual general permit need not be reported to the government unless otherwise required under this chapter. The notification shall consist of, at a minimum, the name of the registrant, a general description of the location (by address(es) or street(s)) and the nature or type of the activity performed (e.g. installation of wiring, boring, tower/support structure/pole replacement, etc.). In the event that the notification cannot be provided to the government's website said notification may be provided in writing via e-mail or facsimile transmission.
(2) An installation permit or a surface cut permit for the performance of non-emergency work shall be applied for at least ten (10) days prior to such planned activity. Notwithstanding the foregoing, the director may waive said time period for good cause shown. The division must approve, deny, or conditionally approve a permit application within five (5) business days of the receipt of the application and in the case of a conditional approval or denial, state in writing the basis for such determination and what conditions must be met by the applicant in order to obtain a permit. Any work performed without proper notification shall constitute work being done without a permit, and as such subject to the levy of fines.
(3) A permit issued pursuant to an emergency shall be applied for no later than five (5) business days after the discovery of the emergency.
(4) All applications for permits shall contain the following information:
a. The identity and legal status of the applicant (the party to whom the permit is issued).
b. The name, address and telephone number of the officer, agent or employee requesting the permit.
c. A description of all activities covered by the permit, and in the case of an installation permit or a surface cut permit the locations and estimated dates and times of commencement and completion thereof.
d. The number of all surface cuts covered by the surface cut permit, and the number of square feet of right-of-way surface to be removed; or the number of linear feet included in the installation.
(5) A single permit may be issued for multiple surface cuts or installations; provided that no such surface cut or installation covered in a single permit shall be more than three hundred (300) feet apart. Notwithstanding the foregoing, the director may grant a single permit for multiple surface cuts or installations that are more than three hundred (300) feet upon a showing by the permit applicant that such an expansion of activity shall not significantly affect the division's ability to efficiently administer this chapter.
(6) Notification of inspections. If the division knows at the time of the issuance of the permit that it shall require an inspection(s), it will notify the permittee that such an inspection(s) is required.
(7) Denial or revocation. The director, in his reasonable discretion, may deny or revoke a permit for failure to satisfy the material requirements and conditions of this chapter, including but not limited to the criteria contained in section 17C-19, or if the denial is otherwise necessary to protect the health, safety, and welfare of the citizens of Fayette County. In addition, the director may issue a permit that is contingent upon the applicant performing certain requirements that shall be specified in the permit.
(8) Exceptions. Permits are not required to be obtained pursuant to this chapter if the facilities involved are of the following nature. However, the party responsible for such facilities is required to comply with all remaining provisions of this chapter as well as any other chapter that may apply, unless otherwise exempted.
a. Newspaper stands;
b. Signage;
c. Facilities associated with sidewalk cafes or the sale of goods or merchandise;
d. Facilities owned by the Commonwealth of Kentucky, including the University of Kentucky;
e. Facilities installed to provide new development with connections to utility service and for which the government is provided performance and warranty surety protection under its land development regulations;
f. Facilities installed by the government that are not used to provide competitive utility services to customers in Fayette County, provided that such facilities are not used at any future time for the provision of competitive utility services. The government's division of sanitary sewers is not exempt from having to obtain permits or from complying with the remaining provisions of this chapter, unless otherwise exempted.
(Ord. No. 166-2002, § 1, 7-11-02; Ord. No. 134-2005, § 6, 6-9-05; Ord. No. 18-2019 , § 6, 3-21-19)