The encroachment permit shall be issued pursuant to the following:
(A) An application shall be completed and submitted to the city before an encroachment permit will be issued.
(B) The permit will be issued by the City Council unless the City Council designates an employee or representative of the city to be responsible for issuing the permit. If the City Council designates an individual to issue the permit, then an applicant shall have the right to appeal to the City Council any denial of a permit or any permit imposing specific requirements recommended as a condition of granting a permit within 30 days of the denial or conditional grant of permit.
(C) Before issuing a permit, the City Public Works Director and/or City Engineer should inspect the site and state any specific recommendation or requirements such as distance, drainage and method of construction a condition to issuing a permit and acquiescing to an encroachment.
(D) As related to a private street or driveway encroachment, the requirements may include, among other things, grading, tree or brush removal, proper drainage or retention of water flow and the installation of curves and sidewalks.
(E) As related to utility installation, the requirements may include, among other things, grading, fencing, tree or brush removal, proper drainage or retention of water flow, construction methods, and dimensional requirements.
(F) Such requirements made as a condition in granting an encroachment upon streets, alleys and rights-of-way shall not be more stringent than those stated in a Commonwealth of Kentucky document titled “Guide for Obtaining Encroachment Permits on State Rights-of-Way.”
(G) Any requirements stated by the City Public Works Director and/or City Engineer following inspection and as a condition of issuing the permit shall be provided in writing to the applicant by the Midway City Council or the authorized individual issuing the permit.
(Ord. 04-07, passed 8-16-2004; Ord. 2004-11, passed 8-16-2004; Ord. 2014-10, passed 10-6-2014)