(A) All applications for encroachment permits shall be submitted on a form provided by the Mayor, or the Mayor's designee. A separate encroachment permit shall be required: (i) for each road, street, or sidewalk sought to be cut, excavated or altered, (ii) each instance access to a road in the right-of-way system is desired, or (iii) any other instance where any type of work is desired to be performed upon the right-of-way of any road, street, sidewalk, or area within the publicly dedicated right-of-way. Unless an earlier expiration date is provided therein, all encroachment permits required hereby shall expire at midnight on the 120th day following the date of the issuance. At a minimum, the applicant shall provide the following information:
(1) Full name, residence or business address of the applicant.
(2) Notarized signature in a form acceptable for recording.
(3) A scaled plot plan showing the location, dimensions, and details of the proposed encroachment.
(4) An accurate and complete description of the encroachment and an explanation of the need for the encroachment.
(5) An agreement duly executed by the applicant indemnifying the city against liability resulting from the encroachment and establishing responsibilities of the applicant.
(6) If the permit concerns the installation of cellular equipment in the right of way, a statement that the proposed work has been reviewed and approved by the Kenton County Municipal Planning and Zoning Commission.
(7) A non-refundable permit application fee in the amount of one hundred dollars ($100).
(8) The Mayor, in his or her discretion, may waive any of the application requirements contained in this section.
(B) The Mayor, or the Mayor's designee, shall have the authority to issue permits under this chapter if:
(1) The application meets the requirements of this chapter.
(2) There is some public benefit to the encroachment.
(3) The encroachment will not unduly restrict the public right-of-way for other typical uses.
(4) If the permit concerns access points on the public right-of-way, the construction or placement of access points does not impair the flow of traffic or pose vision, sight distance, or safety concerns.
(5) If the permit concerns signs, the placement of signs does not obstruct free and clear vision of an intersection and/or traffic signals. Additionally, the sign(s) conforms to all applicable zoning, nuisance, and traffic codes.
(6) If the permit concerns cellular equipment placed in the right of way, proof that the proposed work has been reviewed and approved by the Kenton County Municipal Planning and Zoning Commission.
(Ord. 2016-2, passed 2-17-2016)