(A) Damage to pavements generally.
(1) All persons responsible for damage to village pavements shall be liable to the village for the cost of repair of such damaged pavements.
(2) Damage to village pavements shall be determined by the Village Engineer, who shall evaluate such damage by determining the normal and customary life of a village pavement.
(3) Any and all damage which effects the integrity and safety of village pavements shall be repaired immediately at the expense of any person causing the damage.
(4) Any and all damage which effects the normal and customary life of village pavement shall be assessed against those persons responsible for such damage on a pro-rata basis (e.g., normal pavement life of 20 years reduced to 15 years due to damage by unusual or excessive traffic shall result in pro-rata liability in the amount of one-quarter the cost of village pavement).
(B) Damage to pavements by developers, builders or contractors.
(1) All developers, builders, contractors and companies responsible for the operation of trucks and heavy equipment as a result of construction and development within the village, and who utilize village pavements as ingress and egress to construction sites, shall be responsible for all damage done to village pavements.
(2) A determination of damage done to village pavements shall be made by the Village Engineer, as set forth in division (A)(3) and (4);
(3) (a) All developers, builders, contractors and companies responsible for damage to village pavements shall be liable for the full measure of damage caused to village pavements.
(b) Such damage amount is in no way limited by the bond requirements of division (D).
(C) Exception. This section shall not apply to streets within any special service area, the purpose of which is street repair or reconstruction.
(D) Cash bond requirements for developers, builders or contractors.
(1) Developers, builders or contractors shall post a cash bond with the village in the amount of $500 per dwelling unit to ensure that funds remain available for repairs to damaged village pavements.
(2) The Building Commissioner may waive the cash bond requirement for projects involving a value less than $10,000, or if such project will not require access by heavy trucks or the use of heavy equipment.
(3) If village pavements are utilized by construction traffic of the developer, builder or contractor, a non-deductible $150 charge per dwelling unit of the $500 cash bond shall be non-refundable.
(4) (a) If, in the opinion of the Village Engineer, a developer, builder or contractor causes damage to a village pavement (as set forth in division (A)), the developer, builder or contractor shall be liable for the amount of damage done to village pavements.
(b) The $500 per dwelling unit cash bond amount of the developer shall be forfeited, in part or in whole, for any pavement damage which occurs as a result of excessive traffic or heavy equipment traffic which emanates from the construction of the proposed development or building.
(Ord. 713-91, passed 5-14-91; Am. Ord. 1080-01, passed 3-20-01) Penalty, see § 150.99