Prior to the issuance of any site preparation permit, building permit, or site development permit, the applicant shall schedule a video and photographic inspection of the adjoining public or private street to be conducted by the Building Department, which shall prepare a dated VHS videotape or digital video disc (DVD) clearly showing the existing condition of all portions of the street(s), shoulders, parkways, ditches, and culverts along or within one hundred feet (100') of the property to be developed (i.e., along the entire lot line adjoining the street and extending from each end of such lot line for a distance of 100 feet along the public or private street right-of-way beyond the boundary of the lot), and such VHS videotape or DVD inspection report shall be admissible as sufficient evidence in any court proceeding or other dispute between the applicant and the Village concerning the condition of such public or private street prior to the applicant's activities. Prior to the issuance of a building permit, site preparation permit, or site development permit, the applicant shall also deliver to the Village a form of security herein described (the "street restoration security") to run to the benefit of the Village to protect the Village and hold it free and harmless from all claims or rights of action arising from or claimed to be due from the use of said street, and for the further purpose of guaranteeing the restoration of such street or streets in the event of any damage or injury caused by such construction vehicles. The street restoration security shall consist of either: a) a refundable cash deposit or b) an irrevocable, unconditional letter of credit in a form satisfactory to the Village. A permit applicant applying for a building permit and site development permit for the same construction project (i.e., construction or remodeling of a single-family residence) shall be required to deliver only one street restoration security. The street restoration security may be posted by the owner of the property or the owner's contractor, as the permit applicant, but in any event only one street restoration security shall be required for a single construction project. A permit applicant applying for permits for different construction projects on the same street shall be required to furnish one street restoration security for each construction project. The amount of the street restoration security shall be the greater of: a) two thousand dollars ($2,000.00) or b) an amount based on a sliding scale related to the estimated cost of construction provided in the permit application, as follows:
Estimated Cost Of Construction
| Street Restoration Security
|
$0.00 to $625,000.00 | 4 percent of cost |
Over $625,000.00 | $25,000.00 plus 3 percent of cost over $650,000.00 |
The return of the cash deposit or letter of credit shall be conditioned upon the faithful performance of the conditions and provisions of the permits, the plans accompanying such permits and other applicable provisions of this Code. If there shall be any damage to the public or private street used during the applicant's construction, based upon a comparison of the video and photographic inspection conducted by the building department, then the applicant's activities shall be presumed to be the primary cause of such damage and the village may use the street restoration security to restore the condition of the damaged street. In case of any unresolved dispute or suit by or among the owners of any privately owned street, to which the village is or at any time may become a party, regarding the street restoration security or the repairs made or to be made to such damaged private street, the village shall be authorized to comply with any and all orders, judgments or decrees entered or issued by any court with or without jurisdiction, and the village shall have the right to file an action in the nature of an interpleader and deposit the street restoration security with any such court, and the village shall have a lien on the street restoration security for any and all attorney fees, expert witness fees, court costs, and any other expenses the village may have incurred or become liable for on account of the holding of the street restoration security or using the proceeds thereof for repairing the damaged street. (Ord. 07-4-6, 4-17-2007)