Lexington-Fayette Urban County Government - File #: 0919-17

• File #: 0919-17
• Version: 1
• Name: Review of Article 17-C of the Code of Ordinances
• Type: Ordinance
• Status: Approved
• File created: 8/17/2017
• In control: Urban County Council
• On agenda: 10/12/2017
• Final action: 10/12/2017
• Enactment date: 10/12/2017
• Enactment #: O-144-2017
• Title: An Ordinance amending Chapter 17C of the Code of Ordinances of the Lexington-Fayette Urban County Government to reflect a revised right-of-way permit renewal fee structure for utilities and their contractors, and to impose additional fees for the commencement of non-emergency work within the public rights-of-way without the proper permit(s) by amending Subsection 17C-7(b)(4) to provide that the failure to complete all restoration work due under a surface cut permit in a timely manner will result in additional fee(s) payable to the government at the time of permit renewal, amending Subsection 17C-9(a) to provide that any person who installs, operates, constructs, or maintains facilities within the public rights-of-way without first registering such facilities or obtaining the necessary permits, certificates, letters, or other documentation will be subject to an additional fee payable to the government, and amending Subsections 17C-22(c) and (d) to conform with these changes. [Council Of...

Date	Ver.	Action By	Action	Result
10/12/2017	1	Urban County Council	Approved	Pass
9/28/2017	1	Urban County Council	Received First Reading
9/19/2017	1	Urban County Council Work Session	Approved and Referred to Docket	Pass

Title
An Ordinance amending Chapter 17C of the Code of Ordinances of the Lexington-Fayette Urban County Government to reflect a revised right-of-way permit renewal fee structure for utilities and their contractors, and to impose additional fees for the commencement of non-emergency work within the public rights-of-way without the proper permit(s) by amending Subsection 17C-7(b)(4) to provide that the failure to complete all restoration work due under a surface cut permit in a timely manner will result in additional fee(s) payable to the government at the time of permit renewal, amending Subsection 17C-9(a) to provide that any person who installs, operates, constructs, or maintains facilities within the public rights-of-way without first registering such facilities or obtaining the necessary permits, certificates, letters, or other documentation will be subject to an additional fee payable to the government, and amending Subsections 17C-22(c) and (d) to conform with these changes. [Council Office, Maynard]

Body
WHEREAS, the intent of Chapter 17C of the Code of Ordinances of the Lexington-Fayette Urban County Government ("Public Right-of-Way (ROW) Ordinance") is to encourage and establish policies and regulations that promote the conservation of the ROW; and
WHEREAS, it is also the intent of 17C to provide for the payment of fair and reasonable fees to the government to ensure that this Chapter is properly administered and enforced; and
WHEREAS, it is also the intent of 17C to minimize street cuts, damages to persons or property, and hardship to the general public; and
WHEREAS, the lack of utility coordination regarding street cuts has resulted in increased stress and damage to streets, substantial disruption to the citizens of Lexington-Fayette County, and has impaired the public's safe and convenient use and enjoyment of the ROW; and
WHEREAS, the Urban County Engineer, or his designee, is the principal government official...