(A) No person, company, or entity (including utilities), shall, without first obtaining an Encroachment permit from the City of St. Matthews:
(1) Begin to construct, reconstruct, repair, cut, excavate, connect onto, or alter, any City of St. Matthews public right-of-way, or structure located the in.
(2) Exception for emergency work by Utility. In an emergency situation, any public utility is allowed to work in the City of St. Matthews right-of-way, as long as the encroachment permit application required herein is filed within 48 hours of the commencement of work.
(B) The city shall provide forms identifying the information required for application for an encroachment permit (along with an application fee) and such other information deemed necessary in the administration of this chapter, providing, however, that a utility company may devise its own form, if the form contains all of the information called for in the city form. The application may be mailed or delivered to the city, or sent by facsimile/e-mail and shall contain at a minimum:
(1) Name, address and telephone number of the entity for whose benefit the work is proposed.
(2) Name, address and telephone number of the person who is doing the actual work.
(3) Description of the proposed work, including construction detail, location, and when the work will begin and when it is projected to be completed.
(C) The city may deny an application for an encroachment permit. Said denial shall be in writing and must specify the reasons for denial. Applicant shall ha a right to appeal the decision to the city council, which appeal must be in writing and must be received within ten days of the denial. Said appeal will be docketed for review and decision at the next regularly scheduled city council meeting, provided it is received at the city office at least seven days prior to the meeting. If not so timely received, it shall be docketed for the following regular meeting. Applicant will be allowed a reasonable time to present any relevant evidence that supports applicant’s appeal. The decision of the city council on the appeal must be in writing, with findings supporting said approval or denial.
(Ord. 17-02, passed 2-14-17) Penalty, see § 92.99