(A) A road encroachment surety may be required by the county to be posted before activities may commence. Determination will be based on the extent of the scope of work (e.g., major commercial construction, industrial construction). If required, the surety will cover 130% the cost of materials, construction, and installation of all construction related items within the county right-of-way.
(B) An estimated surety amount shall be provided to the county by the project engineer, who shall be a professional engineer licensed in the Commonwealth of Kentucky.
(C) The county will establish the final amount of surety based on the project engineer's estimated surety cost.
(D) The surety shall be in a form acceptable to the county.
(E) If any person, within the time frame allowed by the county, fails to fulfill their responsibilities; has not taken action in accordance with this subchapter, the approved permit, or the conditions within the road encroachment permit; or fails to complete the activities as approved in the road encroachment permit, the county may use the surety posted to remedy any of the aforementioned deficiencies or damages to the right-of-way. The county shall notify the person in writing by certified mail prior to using the posted surety.
(Ord. 19-340-16, passed 2-4-2020)