(A) It is ordered by the Fiscal Court that an encroachment permit be obtained by a property owner, developer or utility installer prior to starting construction of a private road or driveway that will intersect a county road or a private or public utility that will cross a county road.
(B) This encroachment permit shall be issued according to the following guidelines:
(1) The permit will be issued by the County Road Engineer or others as appointed or approved by the Fiscal Court;
(2) There will be no charge for this permit;
(3) Prior to issuing the permit the County Road Engineer, or a qualified individual designated by the County Road Engineer, will inspect the site and may establish requirements in regard to site distance, drainage and method of construction;
(4) As related to private road or driveway encroachment the requirements may include grading, tree or brush removal and the installation of culverts;
(5) As related to utility installation the requirements may pertain to construction methods and dimensional requirements;
(6) These requirements shall not be more stringent than those stated in a Commonwealth of Kentucky document titled “Guide for Obtaining Encroachment Permits on State Right-of-Way;” and
(7) Any requirements stated during the inspection shall be provided to the applicant in writing.
(C) If the person requesting the permit does not agree with the stated requirements he or she may appeal to the Fiscal Court which will rule on the reasonableness of the requirements by a simple majority vote of the members present at a regularly scheduled meeting.
(Ord. 2-88, passed 4-12-1988)