If any proposed haul is deemed by the director to be particularly unique so as to
pose a great risk of damage to county roads, the following additional requirements
shall apply: At the permittee's expense, a Florida registered professional engineer
who routinely practices within Manatee County, Florida, chosen by the permittee and
approved by the county, shall inspect and document the condition of county roads and
bridges to be used as the haul route before any hauling is permitted. At least one
representative from both the permittee and the county shall be present for and shall
observe the initial inspection. The engineer will be present and observe the trip(s)
made by the permittee pursuant to the permit. Within five (5) calendar days after
the final haul, said engineer shall reinspect and document the subject county roads
and determine the extent of the damage to said roads, if any. At least one representative
from both the permittee and the county shall be present for and shall observe the
final inspection. Within ten (10) calendar days after the final inspection, the engineer
shall submit a written report to the permittee and to the county. Within fourteen
(14) calendar days from receipt of the engineer's written determination as to the
damage and costs of repairs, if any, the permittee shall pay to the county the amount
that it will cost the county to repair the roadways. The engineer's determination
as to the damage and the cost of repairs shall be assumed correct except that should
the permittee deem such determination to be unreasonable, the permittee shall provide
written information to convince the board, within said fourteen-day period, that such
determinations are in error. The board shall act upon the permittee's written appeal
within forty-five (45) days of receipt of the appeal. The decision of the board, in
open session, shall be final and binding. Should the engineer determine that no damage
has been caused by the permittee to the subject roads, such determination shall likewise
be in writing and said writing shall serve to release the permittee from any road
repair-related liability to the county, with regard to the activities covered by the
permit in question.
(Ord. No. 97-22, § 9, 1-7-97)
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