[Adopted 5-1-1989 by Ord. No. 2-1989]
The provisions of this article apply to bridges located on posted
highways but do not apply to bridges posted independently of highways.
The following words and terms, when used in this article, shall
have the following meanings, unless the context clearly indicates
otherwise:
Pennsylvania Department of Transportation.
Maintaining or restoration or both (but not betterment) of
a posted highway in excess of normal maintenance, caused by use of
over-posted-weight vehicles.
The following shall be regarded as local traffic for the purpose of § 320-7 of this article (relating to local traffic):
Emergency vehicles;
School buses;
Vehicles and combinations of governmental agencies and utilities
or their contractors engaged in construction or maintenance on a posted
highway or in a location which can be reached only via a posted highway;
and
Vehicles and combinations going to or coming from a residence,
commercial establishment, or farm located on a posted highway or which
can be reached only via a posted highway.
The usual and typical activities necessary to maintain the roadway, shoulders and drainage facilities in the state of repair existing at the date of the inspection prescribed in § 320-8F(1) of this article (relating to use under permit).
A vehicle or combination having a gross weight in excess
of a posted weight limit.
A highway having a posted weight limit.
A restricted weight limit posted on a highway under authority
of § 4902 of the Vehicle Code (75 Pa.C.S.A. § 4902)
and under authority of this article.
Upper Burrell Township, Westmoreland County, Pennsylvania.
A.
General rule. Over-posted-weight local traffic may exceed posted
weight limits unless the Township determines that an over-posted-weight
vehicle or vehicles being driven to or from a particular destination
or destinations are likely to damage the highway.
B.
Vehicles determined likely to damage highway. If the Township determines that one or more over-posted-weight vehicles are likely to damage the highway, the Township will so notify the registrants of the over-posted-weight vehicles or owners of the destination or destinations, or both, and will also notify state and Township police. After two business days following delivery of the notice, or after five days following mailing of the notice, such over-posted-weight vehicles shall not exceed the posted weight limits except in accordance with the provisions of § 320-8 of this article (relating to use under permit).
C.
Proof of local traffic status. The following types of documents will
constitute evidence that a vehicle is local traffic:
A.
General rule. No over-posted-weight vehicle (except local traffic authorized under § 320-7A of this article relating to local traffic) shall be driven on a posted highway with a gross weight in excess of the posted-weight limit unless the Township has issued a permit for the vehicle or vehicles in accordance with this section.
B.
Type of permits. Types of permits shall include the following:
(1)
A Type 1 Permit authorizes use of a particular posted highway or
portion thereof by an over-posted-weight vehicle. It is valid only
when carried in the over-posted-weight vehicle.
(2)
A Type 2 permit authorizes use of a particular posted highway or
portion thereof by any number of over-posted-weight vehicles being
driven to or from a common destination.
(a)
A Type 2 permit will be issued only upon request of the permittee
and if the Township determines that it is not feasible to issue a
Type 1 permit for each vehicle; for example, most over-posted-weight
vehicles hauling to and from the place of business of permittee belong
to or are hauling under contract with customers or suppliers of the
permittee.
(3)
A Type 3 permit authorizes use of a number of specified posted highways
or portions thereof by an over-posted-weight vehicle.
(a)
A Type 3 permit is valid only when carried in the over-posted-weight
vehicle.
(b)
A Type 3 permit is issued only if the Township determines that
damage to the posted highway covered by the permit will be minimal
because of the limited number of moves by over-posted-weight vehicles
and short-term use of the highways anticipated by the permittee.
C.
Excess maintenance agreement. Issuance of a permit to exceed a posted
weight limit or limits will be conditioned on the agreement by the
permittee to accept financial responsibility for excess maintenance
of the posted highway or portion thereof to be used by the permittee.
The agreement may provide for the work to be performed by the Township
or its contractor or by the permittee or its contractor.
D.
Security. The permittee shall be required to provide security in
favor of the Township to assure compliance with the maintenance-reconstruction
agreement.[1]
(1)
Amount of security. Amount of security shall be determined by the
Township Engineer based on the condition of the highway to be used
by the permittee, the length of road desired to be used by the permittee,
the anticipated potential maintenance cost and type of permit requested.
(2)
Form of security. The security may be in the form of a performance
bond with surety by a company authorized to do business in the commonwealth;
or, at the option of the permittee, in the form of a certified or
cashier's check, bank account or irrevocable letter of credit
in favor of the Township; or in some other form of security acceptable
to the Township.
(3)
Additional security. When the amount of damage, in excess of normal
maintenance to a posted highway, is estimated by the Township to constitute
75% or more of the amount of the security, the Township may require
the highway to be maintained or reconstructed within 30 days unless
the permittee agrees to provide such additional security as the Township
shall determine.
E.
Multiple permittees. Multiple permittees shall confirm with the following:
(1)
Agreement to share excess responsibility. If two or more persons
wish to obtain Type 1 or Type 2 permits to operate over-posted-weight
vehicles on the same posted highway or portion thereof, they may agree
among themselves as to their relative responsibility for the cost
of excess maintenance and the Township will enter and accept security
on the basis of agreed shares.
(2)
Determination by Township. If multiple applicants for Type 1 or Type
2 permits cannot agree on their relative responsibility, the Township
will determine their relative shares, and will enter into agreements
with and accept security from any person agreeing to such a determination.
(3)
Subsequent permit applicants. Subsection E(1) and (2) of this section shall apply even if one or more persons have already entered into a Type 1 or Type 2 permit agreement and posted security when another person expresses the desire to obtain a Type 1 or Type 2 permit to operate over-posted-weight vehicles on the same posted highway.
F.
Determination of highway condition. Determination of highway condition
shall consist of the following:
(1)
Inspection. Representatives of the Township and of the permittee
or permittees will make an on-site inspection of the posted highway
immediately before issuance of each permit in order to determine its
condition.
(2)
Reinspection. The posted highway will be reinspected:
(3)
Type 3 permits. Before and after using a Type 3 permit on any posted
highway specified in the permit, the representatives of the permittee
and the Township will make an on-site inspection to determine the
relative condition of the highway before and after the use and to
assess any excess maintenance caused by the permittee.
(4)
Notification of inspections and reinspections. All Type 1 and Type
2 permittees on a posted highway or portion thereof will be notified
of all inspections and reinspections on the highway or portion, and
may participate in the inspections and reinspections.
(5)
Inspection and reinspection costs. The inspection and reinspection
costs of the Township shall be paid by the permittee or permittees.
Said inspection and reinspection costs, if not paid by permittee,
shall be deducted from the security provided by the permittee or permittees
pursuant to this article. Reinspection costs shall include any costs
or fees reasonably connected with the reinspection of a posted highway,
including the Township Solicitor's fees and the Township Engineer's
fees.
Any person who shall violate the provisions of this article
and haul in excess of the posted weight limit shall, upon summary
conviction thereof, be sentenced to pay a fine of $150 plus $150 for
each 500 pounds, or part thereof, in excess of 3,000 pounds over the
maximum allowable weight.
