§ 20-23. Pavement degradation fee; purposes.

(a)

Excavations in paved streets degrade and shorten the expected life of the surface of the street in and within at least two feet of the perimeter of the area of excavation. This degradation increases the frequency and cost to the public for necessary resurfacing, maintenance and repair. Such pavement degradation occurs regardless of how well the excavated area is restored, as the cutting of the pavement and trenching in the streets permits water seepage into the street as well as weakening pavement support around the patch, thereby accelerating the street's deterioration.

(b)

The purposes of the pavement degradation fee are to:

(1)

Offset the substantial cost incurred by the public due to the shortened life of the streets when they are excavated by establishing a pavement degradation fee that approximates the depreciated cost per square foot of a single roadway reconstruction and resurfacing;

(2)

Provide an incentive to persons or entities making excavations to install, maintain, and repair underground facilities without making unnecessary or excessive excavations;

(3)

Provide an incentive to persons or entities making excavations to minimize the number of excavations being made wherever feasible and use alternative means of construction, such as directional boring; and

(4)

Provide an incentive to persons or entities making excavations, when feasible, to make such excavations in streets that are closer to the end of their useful life.

(c)

The pavement degradation fee is not intended to:

(1)

Impose financial hardship on property owners needing to excavate streets in order to make emergency repairs to buried utilities;

(2)

Alter or impair the existing rights of persons or entities holding franchise agreements for use of the public rights-of-way for delivery of public utility, cable television or telecommunications services; or

(3)

Deprive any person or entity of any rights or privileges concerning access to public rights-of-way under applicable federal or state law or village ordinance.

(Code 1993, § 16-1.2.1; Ord. No. 2006-O-76, 11-14-2006)