The Division shall enter into tree permit agreements with public utilities for activities involving similarly situated trees or groupings of trees which permit pruning of trees, directional boring, tree encroachment and/or tree removal, to allow reasonable construction activities or to avoid a threat to the continuous provision of utility services. The permit agreement shall include clearly expressed standards describing the specific situations where pruning, directional boring, tree encroachment and/or tree removal is permitted to assure reasonable utility construction activities or to avoid a threat to the continuous provision of utility services. Such standards shall not interfere with the utility's obligation or ability to provide service and shall be in accordance with and not prohibit activity consistent with the utility's written pruning and trenching specifications review by and filed with the Kentucky Public Service Commission, which shall be submitted to the Division, or in the absence of such specifications as mutually agreeable to the Division and the utility. The permit agreement shall further include provisions for replacement of public trees that are removed as a result of the utility's activities, which may include a fee to be paid periodically to the Division for a stump grinding, tree replacement and maintenance of trees removed by the public utility, in which case the Division and not the public utility would be responsible for such actions. With respect to any public utility providing multiple types of services which by their nature have the potential to affect trees differently, such public utility may obtain separate tree permit agreements for each such type of service. Further, with respect to any public utility which operates a type of service under another permit granted by the Metro Government's Department of Public Works which is granted annually, incorporates standards applicable to trees and applies to all of such public utility's operation of such service within Louisville Metro, such public utility shall not be required to obtain both that permit and the permit provided for in this section and may satisfy the requirements of this section with either of such permits. To the extent such other permit is used to satisfy the requirements of this section, such other permit shall be deemed a permit granted under this section for purposes of this Louisville Metro Tree Ordinance. Enforcement actions under § 102.12 may be taken against any utility with a valid public utility permit agreement, or against any employee, agent, or representative of such a utility, only for violation of this chapter caused by the gross negligence or intentional actions of the utility, employee, agent, or representative. The Division may charge a public utility a fee for the issuance of a permit under this Section, provided that such fee shall not exceed $2,400 per year.
(Lou. Metro. Ord. No. 221-2017, approved 12-14-2017)