(A) Prior to commencement of any work that would include, but not be limited to, disturbing the pavement, curb and/or gutter, driveway entrance, sidewalk, the street or street right-of-way or the movement of trucks, truck tractors or heavy equipment upon village streets outside village established truck routes, the necessary permit shall be obtained from the Director of Public Works and/or his or her designee. If work on an existing permit has not been started by the expiration date, the permit will become void and a new permit will then be required to initiate the work. The fee for the permit shall be in accordance with the fee schedule then in effect, plus any financial guarantees that might be required, depending upon the nature of the work for which the permit is sought. No permit will be issued until all fees and guarantees have been paid and/or posted. The permit will be issued in the name of the person who requests the permit and not in the name of the contractor or subcontractor.
(B) In the event that the work proposed to be done provides a risk of damage to the surface of the street or is the result of truck or truck tractor traffic, or the movement of heavy equipment on streets outside established village truck routes, the Director of Public Works shall refer the permit applicant to the Village Council for issuance of a permit. The Village Council shall review the application and, if a majority of the Council finds there is a risk of damage or destruction to the street(s), the Council may decide to withhold issuance of the permit until the applicant posts with the village an adequate financial guarantee in cash, bond or a letter of credit acceptable to the Village Council per § 152.026 regarding performance guarantee. The guarantee shall be deemed adequate if it is in an amount equal to the cost that would be incurred if the street surface had to be replaced for the length of the street that will be traveled by the trucks, truck tractors or heavy equipment. This replacement cost shall be computed by the Village Engineer based upon then prevailing costs. The financial guarantee shall be held by the village until two years after the work has been completed and all truck, truck tractor and/or heavy equipment traffic has ceased its use of the village street(s) or street right-of-way for the work for which the permit was issued or as otherwise approved by the Village Council. Thereafter the Village Engineer shall inspect the street to determine the extent of damage attributable to the use. If any repairs or replacement is necessary the village shall order the repairs to be made and the cost shall be deducted from the financial guarantee and any remaining balance returned to the applicant. In the event the financial guarantee proves to be insufficient to cover the repair costs, the applicant shall be responsible to pay any shortfall. During the period of time when the work is being done, or while the trucks, truck tractors or heavy equipment traffic is using the street(s), the applicant shall insure that any dirt, debris and the like from the work or work site is not allowed to accumulate on village streets and shall clean the village street(s) for which the travel route is specified as needed to accomplish this, unless otherwise agreed by the Village Council. Failure of the applicant to so clean the street will be grounds to allow the village, at its option, to clean the street(s) and assess those costs to the applicant including obtaining reimbursement from the guarantee.
(Ord. 57, passed 9-9-2002; Ord. passed 10-2-2002; Ord. passed 10-7-2002; Ord. 155, passed 1-11-2021)