(A) In those instances where the enforcement of § 40.171 would cause undue hardship on owners or operators of a motor vehicle, and where the proposed use of the street by vehicles which are restricted or which are in excess of the weight limits would be temporary in nature or where vehicles are delivering building supplies or other merchandise to a specific location on the street; then the street superintendent is authorized to grant a temporary permit for the use. Before issuance, the owner or operator must submit a plan of the streets which shall be used by the motor vehicle, and may be required to post bond in an amount satisfactory to the street superintendent to provide for any damage which might be incurred. The superintendent shall, in his discretion, decide the bond requirements in each instance in consideration of any undue hardship caused by strict adherence to this requirement.
(B) Prior to the approval of a subdivision development, as defined in KRS 100.111 (22), which includes newly constructed streets, the developer or subdivider shall provide to the planning commission a designated route for delivery of materials onto specific building sites in the development. The developer or subdivider shall further elect to provide a bond or other suitable security in an amount and for a period of time which may be specified by the city engineer, which shall indemnify the city from any damage and maintenance costs incurred on designated streets during development of the subdivision. The bond shall provide that should the street require any maintenance during the period of the bond or other security, the city may perform the required maintenance and draw against the bond or security upon proof of expenditure. In the event that the bond or security is provided and is accepted by the city, the city may then accept any newly constructed designated streets for maintenance conditioned on the bond or security. The streets covered thereby shall not be subject to the maximum weight limits of § 40.171.
(Ord. No. 11.79, § 3, 5-1-79; Ord. No. 16.79, § 2, 9-4-79)