§ 7-171.2. Permit required for use of roads; application; duration; fee.
(a)
Any person, association, partnership, corporation or other legal entity which desires owns, operates, manages or controls any gravel pit, as defined in this article, which uses or allows to be used any dump truck, truck, car or other motor vehicle in the operation of the gravel pit, as defined in this article, within the city shall, before commencing such excavation, apply to the director of public works for an excavation (road use) permit, upon such forms as the city shall supply, and obtain the permit. Such application shall state the name and address of the applicant and shall also contain a statement by the applicant that the applicant is the person who will operate the gravel pit, or under whose supervision the gravel pit will be operated, and the estimated quantity of traffic which will come from and go to the gravel pit.
(b)
The duration and effectiveness of each permit shall correspond to subsection 7-162(b) of this Code. Renewals of the permits are to be carried out in the same manner as original applications for permits.
(c)
Any person, association, partnership, corporation or other legal entity which owns, operates, manages or controls any gravel pit, as defined in this article, or which uses or allows to be used any dump truck, truck, car or other motor vehicle in the operation of the gravel pit shall be liable to the city for the cost of any repairs to city roads, streets, avenues, lanes, alleys or other public thoroughfares caused by the operation of said dump truck, trucks, cars or other motor vehicles.
(d)
A security deposit sufficient to cover the costs of any repairs to any road, street, avenue, lane, alley or other public thoroughfare which is damaged as a result of the operation of any dump truck, truck, car or other motor vehicle which is driven either to or from the gravel pit, as a result of operation of the gravel pit shall be posted with the city prior to commencement of operation of the gravel pit. The security deposit called for in this section may take the form of a bond, cash escrow, letter of credit, deed of trust, or any other type of security acceptable to the director of public works. The applicant may appeal the amount of the security deposit to the zoning board of adjustments and appeals if the applicant appeals within ten (10) days from the date he is informed of the director of public works' decision regarding the amount of the security deposit. No appeal may be taken regarding the director of public works' acceptance or refusal of the type of security offered. In the event that the repairs to any road, street, avenue, lane, alley, or other public thoroughfare which is damaged as a result of the operation of any dump truck, truck, car, or other motor vehicle which is driven either to or from the gravel pit as a result of operation of the gravel pit should cost less than the amount deposited as a security deposit, the city shall refund such excess funds to the applicant. In the event that the repairs to any road, street, avenue, lane, alley, or other public thoroughfare which is damaged as a result of the operation of any dump truck, truck, car, or other motor vehicle which is driven either to or from the gravel pit as a result of operation of the gravel pit should cost more than the amount deposited as a security deposit, the city may maintain a cause of action against the applicant to recover any and all excess to the city for the repairs.
(e)
There shall be a fee imposed of one hundred dollars ($100.00) for the issuance of each excavation (road use) permit, as called for in this article, to pay for the administrative costs associated with the issuance of the permit.
(Ord. No. 4324, § 5, 2-16-88; Ord. No. 5150, § 1, 9-21-93; Ord. No. 5809, § 8, 9-2-97)