§ 20-24. Pavement degradation fee imposed; calculation, exemptions.

(a)

Each person or entity receiving a Right-of-Way Permit under section 20-2 that grants permission to excavate a public street in the village shall also, in addition to paying the applicable permit fee, pay to the village a pavement degradation fee prior to issuance of said permit.

(b)

The amount of the pavement degradation fee shall be calculated as:

Impacted Street Area x Adjusted Pavement Degradation Fee Rate.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adjusted Pavement Degradation Fee Rate means the rate in dollars per square foot set forth in Table 20-24, applicable to the current street condition of the street to be excavated.

Impacted street area means the area in square feet of the excavation to the street shown in the Right-of-Way Permit application, with four additional feet added to the length and width of the excavation. For example, if the Right-of-Way Permit application shows an excavation of six feet by ten feet, the impacted area is ten feet by 14 feet, or 140 square feet.

Pavement rating means the most current numerical rating, between zero and 100, assigned to the street to be excavated by the Department of Engineering and Public Works and approved by the Village Engineer. The calculation of the pavement rating approved by the Director of Engineering and Public Works shall be performed consistent with generally accepted and relevant engineering standards, promulgated by entities, including, but not limited to, American Association of State Highway and Transportation Officials (AASHTO), American Society for Testing and Materials (ASTM), and the Federal Highway Administration (FHWA). Copies of the most current Pavement Ratings for village streets shall be kept by the Department of Engineering and Public Works and made available for public inspection.

Effective January 1, 2017, all of the below rates shall be increased every year on January 1 by the percentage increase in the Consumer Price Index for the Chicago-Gary-Kenosha Area (all urban consumers) as reported by the United States Department of Labor, Bureau of Labor Statistics in the preceding December, rounded to the nearest dollar.

Table 20-24 Calculation of Pavement Degradation Fee

Pavement Rating	Street Condition	Adjusted Pavement Degradation Fee Rate
85—100	Excellent	$28.50 per square foot of impacted street area
80—84	Very Good	$25.50 per square foot of impacted street area
70—79	Good	$19.50 per square foot of impacted street area
60—69	Fair	$9.50 per square foot of impacted street area
0—59	Poor	$2.00 per square foot of impacted street area

 

 

Street condition shall be Excellent, Very Good, Good, Fair or Poor, as shown in Table 20-24, which is based on the pavement rating assigned by the Village Engineer to the street to be excavated.

(d)

Right-of-way permit applicants or applications, as the case may be, shall have the amount of the pavement degradation fee provided for in this section reduced by 50 percent under the following circumstances:

(1)

The Right-of-Way Permit involves the excavation of a street in order to make repairs to restore existing water, sewer, natural gas, electric or telecommunications utility services to the applicant's property that have been interrupted due to collapse, breakage, rupture, blockage, failure or other similar reason.

(2)

The Right-of-Way Permit involves the excavation of a street with a brick or concrete surface.

(e)

The following Right-of-Way Permit applicants or applications, as the case may be, shall be exempt from payment of the pavement degradation fee:

(1)

Excavations to a street made by an electric, natural gas, cable television, or telecommunications utility franchisee of the village whose franchise agreement provides for access to public rights-of-way in consideration of payment of franchise fees or taxes and without payment of additional fees.

(2)

An applicant installing, repairing or maintaining underground telecommunications facilities or infrastructure when that applicant is a "retailer" engaged in the "sale at retail" of "telecommunications" as those terms are defined in section 5-7 of the Illinois Simplified Municipal Telecommunications Tax Act, ILCS ch. 35, act 636, § 5-7, and applicable provisions of chapter 28 (Telecommunications).

(f)

With respect to excavation of streets for the installation of telecommunications facilities not exempt under subsection (e)(2) of this section, section 253(c) of the federal Telecommunications Act of 1996 expressly recognizes the authority of local governments to impose reasonable non-discriminatory fees upon telecommunications providers using the public right-of-way, and the Pavement Degradation Fee imposed under this section constitutes such reasonable fees.

(g)

An applicant who reasonably believes that the pavement rating for a street proposed to be excavated is erroneous, or reasonably believes that the village has improperly denied an exemption to the payment of the pavement degradation fee, may appeal the pavement rating or the denial of an exemption to the Village Engineer. Such appeal shall be in writing and shall set forth the reasons why the applicant asserts that the pavement rating is erroneous or the exemption was erroneously denied. The Village Engineer may meet with the appellant, and the Director shall respond in writing to such an appeal within ten business days of the date the written appeal is received or the date of such meeting, whichever is later. The Director's determination shall be based on the reasonable application of the engineering standards used for pavement rating and reasonable application of the exemptions set forth in this section. The decision of the Village Engineer shall be final.

(h)

It is the responsibility of the Right-of-Way Permit holder to notify the Village Engineer no later than the close of the next business day if the area of a street actually excavated by the permit holder exceeds the dimensions stated in the Right-of-Way Permit application, such that the understatement of the impacted street area results in the permit holder having underpaid the pavement degradation fee. Such permit holder shall pay the additional amount of pavement degradation fee due to the village within two business days of providing such notice to the Village Engineer.

(i)

If, upon inspection of the site of an excavation for which payment of a pavement degradation fee was required under this section, it is determined by the village that the area of a street actually excavated exceeds the dimensions stated in the Right-of-Way Permit application, such that the understatement of the Impacted Street Area has resulted in the permit holder having underpaid the pavement degradation fee, and the permit holder has failed to provide the notice to the Village Engineer required in subsection (h) of this section, then in addition to the payment of the additional amount of pavement degradation fee required under this section, the permit holder shall pay a $250.00 administrative fee to the village to compensate the village for its administrative expenses related to detecting and remedying the permit holder's failure to comply with said subsection (h) of this section.

(j)

The Village Engineer shall have the authority to satisfy payment of any amounts owed for additional pavement degradation fees or administrative fees under subsections (h) and (i) of this section from the deposit paid by the permit holder under section 20-2(b)(4).

(Code 1993, § 16-1.2.2; Ord. No. 2006-O-76, 11-14-2006; Ord. No. 2015-O-67, 11-24-2015)