Upon written request to the person, the city shall have safe and easy access to the areas to be inspected and/or monitored.
(A) The city shall have the right-of-entry on or upon the project site. The city shall be provided access to all parts of the premises subject to this chapter for the purposes of inspection, monitoring, sampling, and for the performance of other duties necessary to determine compliance with this chapter.
(B) Where a project site has security measures in place which require proper identification and clearance of individuals before entry into its premises, the person shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification and written request, the city will be permitted to enter without delay for the purposes of performing specific responsibilities.
(C) The city shall have the right to set up on a project site such devices necessary to conduct sampling and/or metering of the stormwater operations or discharges.
(D) Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored that can reasonably be moved shall be removed promptly by the person at the written or verbal request of the city. The costs of clearing such access shall be borne by the person.
(E) The city or its designated representative may inspect the facilities of any user in order to ensure compliance with this chapter. Such inspections shall be made with the consent of the owner, manager, or signatory official. If such consent is refused, denied or not promptly addressed, the city may seek issuance of a search warrant.
(F) The city has the right to determine and impose inspection schedules necessary to enforce the provisions of this chapter. Inspections may include, but are not limited to, the following:
(1) An initial inspection prior to stormwater management plan approval;
(2) An inspection prior to burial of any underground drainage structures;
(3) Erosion control inspections as necessary to determine effective control of sediment prior to discharge to the municipal separate storm sewer system;
(4) A finish or closeout inspection when all work, including installation of storm management facilities, has been completed; and
(5) An inspection to determine the effectiveness or operational viability of a permanent or long-term stormwater quality management practice(s).
(G) Encroachment Permit.
(1) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“PERMIT.” Issued by the city to persons requesting to perform work, construct a private entrance, install utilities, or similar work in the city roadway, street right-of-way and easements.
(2) Encroachment Permit (city right-of-way).
(a) All construction projects (residential, commercial, or industrial) which require a permanent or temporary entrance onto an existing city roadway, street or newly developed roadway, street which is to be dedicated to the city at a later time or which require work within city right-of-way or work which can impact proper roadway, street drainage shall apply for an Encroachment Permit.
(b) An Encroachment Permit shall be obtained from the city or authorized representative prior to commencement of work in city right-of-way for the following situations:
1. Creation of any new entrance off a city road or street;
2. Construction of a new home, commercial building, industrial building or similar construction activities (even if there is an existing entrance);
3. Creation of any temporary entrance or construction entrance off a city road or street;
4. The harvests of timber logs whether a new entrance is used or an existing entrance is used; or
5. Any work within right-of-way or easements including but not limited to utility construction/repair, fence construction/removal, drainage ditch modifications, and any other construction or disturbance of the city right-of-way or easement.
(3) Application for an encroachment permit. The application for an Encroachment Permit shall be made at the city or designated representative. The Encroachment Permit form shall be supplied by the city. The Encroachment Permit shall be completed in sufficient detail to show the location of said work with respect to property lines, rights-of-way, easements, and existing utilities. The Encroachment Permit shall detail culvert pipe size, material, and slope/grade, driveway entrance material.
(4) Encroachment Permit denial.
(a) The Encroachment Permit request for a new entrance onto a city road, street, can be denied for the new entrance if that entrance does not have adequate stopping sight distance as defined in the Kentucky Transportation Cabinet's Highway Design Manual, Section 700, "Geometric Design Guidelines."
(b) The Encroachment Permit may be denied (in writing) for a new entrance if at the judgement of the Building Official a better location for the proposed entrance exists or the requested entrance poses a conflict with adjoining property owner rights or a potential safety hazard exists.
(c) Should the Encroachment Permit request be denied then the affected party may, within sixty (60) days, petition the city (in writing) for reconsideration and issuance of the Encroachment Permit.
(5) Street/roadway right-of-way damage.
(a) The Encroachment Permit deposit shall be forfeited should damage to the city road/street occur (and not properly repaired) during construction activities associated with the Encroachment Permit.
(b) Should damage to the city roadway/street and/or right-of-way occur which exceeds the five hundred dollars ($500) Encroachment Permit deposit or damage occur to the roadway/street when an Encroachment Permit was not required (i.e. offloading equipment, using equipment in right-of-way, ect.), then the person/persons will be issued a Notice of Violation (NOV) to this section for damaging the roadway/street.
(c) That person/persons shall be responsible to repair or pay for the cost to repair the damaged roadway/street. Repair work or payment to the city for damages to the city roadway/street shall be accomplished within thirty (30) days of issuance of NOV.
(6) Fee, deposit.
(a) The fee for a permit shall be based on the site classification.
1. Seventy-five dollars ($75.00) for class 1 which shall include but not be limited to minor construction activities such as: new construction of detached structures, additions, sidewalk repairs, entrances, and right-of-way or easement work on a single lot.
2. Two hundred and fifty dollars ($250.00) for class 2 which shall include but not be limited to construction of single- and multi-family homes on one building lot and right-of- way/easement work up to five (5) consecutive lots.
3. Five hundred dollars ($500.00) for class 3 which shall include but not be limited to small commercial, industrial, residential construction and development under five (5) acres and right-of-way/easement work up to one quarter (.25) of a mile.
4. One thousand dollars ($1,000.00) for class 4 which shall include large commercial and residential subdivision sites over five (5) acres and right-of-way/easement work over one quarter (.25) of a mile.
(b) The permit fee shall be deposited into the City General Fund.
(b) A deposit of five hundred dollars ($500.00) shall accompany the submittal of each Encroachment Permit. The deposit is fully refundable provided the entrance or other work requested in right-of-way is constructed as specified on the permit.
(c) The Encroachment Permit holder requesting a new roadway entrance shall have twelve (12) months (one year) time from date of permit issue to construct the entrance or finish other work in accordance with the permit. Failure to complete the work properly within this one-year time frame shall be reasons for forfeiture of the five hundred dollar ($500.00) deposit.
(7) Enforcement.
(a) Failure to comply with the requirements of the Encroachment Permit shall be justification for the issuance of a Notice of Violation (NOV). The NOV shall list all deficiencies. The violator to this section shall have seven (7) days (minimum) to correct all deficiencies listed on the Notice of Violation.
(b) Failure to comply with the Notice of Violation shall be reasons for one or more of the following Enforcement Actions:
1. Issuance of a civil citation. The civil citation shall be subject to the monetary penalties established in § 150.99
;
2. Filing a criminal complaint. Code Enforcement Officer may file a criminal complaint with the proper authorities; or
3. Revocation of the Encroachment Permit and forfeiture of Permit deposit. The ordinance violator shall have their Encroachment Permit revoked and permit deposit forfeited. Prior to beginning any additional work at the site, the violator shall correct all deficiencies and apply for a new Encroachment Permit and pay a new permit deposit.
(8) Should any part or section of this section be declared unconstitutional or otherwise invalid by a court of competent jurisdiction, all other parts or sections of this section which are not found to be unconstitutional or otherwise invalid shall survive and remain in full force and effect.
(Ord. 08-04, passed 1-14-08; Am. Ord. 18-07, passed 4-9-18; Am. Ord. 2021-09, passed 6-14-211)