[Ord. 357, 7/17/1991, § 101; as amended by Ord.
656, 4/9/2015]
As used in this Part, the following terms shall have the meanings
indicated unless the context clearly indicates a different meaning.
Any person, partnership or corporation who makes application
for a permit under this Part.
Maintenance or restoration or both (but not betterment) of
a posted road in excess of normal maintenance caused by use of overweight
vehicles.
An inspection performed by the Township Roadmaster on all
Township roads traveled across by a permittee within five days of
the close of operation. The purpose of the inspection is to determine
if any damage has been done to roads by overweight vehicles and assess
this damage for purposes of utilizing any financial security held
by the Township.
The following should be regarded as local traffic for the
purposes of this Part:
Emergency vehicles.
School buses.
Mass transit vehicles.
Vehicles and combinations of governmental agencies and utilities
or their contractors engaged in construction or maintenance on a posted
road or in a location which can be reached only via a posted road.
Vehicles and combinations going to or coming from a residence,
commercial establishment, or farm located on a posted road or which
can be reached only via a posted road; provided, however, travel to
the vehicle owner's or operator's place of residence for purposes
unrelated to the delivery of goods or materials to the residence shall
not be considered local traffic.
The usual and typical activities necessary to maintain the
roadway, shoulders and drainage facilities in the state of repair
existing at the date of preliminary inspection.
A permit which, when issued, permits the use of overweight
vehicles on Township roads subject to the requirements of this Part.
A vehicle or combination having a gross weight in excess
of a posted weight limit.
The Pennsylvania Department of Transportation or any agency
successor thereto.
Fees established from time to time by resolution of the Board
of Supervisors for the purpose of administration costs in issuing
permits and related inspections.
Any person, partnership or corporation to whom a permit is
issued.
A road having a posted weight limit.
A restricted weight limit posted on a road.
An inspection performed by the Township Roadmaster on Township
roads for which any overweight permit is issued prior to the commencement
of operations for the purpose of determining the condition of the
Township road(s) to be utilized.
Financial security required to be posted by a permittee which
guarantees that any damage to a posted road by overweight vehicles
will be repaired at the expense of the permittee.
Facilities located beneath the roadway surface which are
owned by a governmental agency, public utility, or private agency.
Any road which has been dedicated to and accepted by the
Township for use as a public road.
Study performed by Lennon, Smith & Souleret Engineering
in February, 1989, which evaluates and makes recommendations as to
what the posted weight limits should be on all Township roads.
[Ord. 357, 7/17/1991; as added by Ord. 656, 4/9/2015]
Pursuant to the authority granted by § 4902(a) of
the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 4902(a), it
shall be unlawful for any person to operate any vehicle or combination
having a gross weight in excess of the maximum prescribed in Exhibit
15-3-A,[1] attached hereto and incorporated herein, for certain Township
roads and bridges, as the case may be, unless an overweight vehicle
permit has been issued pursuant to this Part.
[1]
Editor's Note: The Board of Supervisors adopted weight limits
for certain Township roads referenced in Exhibit 15-3-A pursuant to
the enactment of Ord. 357 on July 17, 1991 and the corresponding Weight
Limit Study adopted therein. It is the intention of the Board of Supervisors
that the weight limits referenced in the Weight Limit Study and Ord.
357 date from the day of original enactment of Ord. 357 and that inclusion
in this Code not be considered a repeal, supersession or re-enactment
of such original enactment.
[Ord. 357, 7/17/1991, § 201; as amended by Ord.
656, 4/9/2015]
The Township Roadmaster shall:
A.
Administer and enforce the provisions of this Part in accordance
with its literal terms and shall not have the power to permit any
use of Township roads which does not conform to the provisions of
this Part.
B.
Issue permits for overweight vehicles in accordance with the provisions
of this Part.
C.
Maintain a permanent file of all applications for permits and permits
issued as public records.
D.
Perform all necessary inspections and initiate any enforcement proceedings
which are necessary to insure compliance with the provisions of this
Part.
[Ord. 357, 7/17/1991, § 202; as amended by Ord.
656, 4/9/2015]
An overweight permit shall be obtained before any person operates
an overweight vehicle on any Township road.
A.
Vehicles which are considered to be local traffic as defined by this
Part shall be exempt from the requirements of an overweight permit.
C.
The completed application shall be submitted to the Township Roadmaster
at the Township municipal building. Upon receipt, the Township Roadmaster
shall:
D.
Upon approval of an application, the Township Roadmaster will inspect
the Township road(s) which will be traveled upon by the overweight
vehicle(s). The Township Roadmaster will make a general report of
the condition of the Township road(s) noting any deficiencies he observes.
A copy of this report will be provided to the permittee.
E.
In granting any permit, the Township Roadmaster may attach such reasonable
conditions thereto as may be reasonably necessary to protect the public
and private property.
F.
Every permit issued hereunder shall expire 30 days after it is issued.
The permittee may request an extension, in writing, setting forth
the reasons for the requested extension. If, in the opinion of the
Township Roadmaster, such an extension is necessary, the permittee
may be granted additional time for the completion of all work.
G.
The permittee must notify the Township Roadmaster and Police Department
at least 24 hours prior to the use of the overweight vehicle(s).
H.
The permittee must maintain a copy of the overweight permit in the
overweight vehicle(s) at all times.
I.
The Township Roadmaster may revoke any overweight permit issued under
the provisions of this Part if he deems the terms of the overweight
permit are being violated. Upon revocation of the overweight permit,
the Township Roadmaster shall provide the permittee with a written
explanation of the terms or conditions of the overweight permit which
are being violated.
[Ord. 357, 7/17/1991, § 203; as amended by Ord.
656, 4/9/2015]
Permit fees and road security shall be established as follows:
A.
Permit fees shall be established from time to time by resolution
of the Board of Supervisors.
B.
Road security shall be provided to the Township as a prerequisite to the issuance of an overweight permit. The applicant shall provide the Township with road security in an amount and type required by and in accordance with this Part, the Financial Security Ordinance [Chapter 1, Part 7], the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended, and PennDOT regulations.
C.
When the amount of damage in excess of normal maintenance to a posted
road is estimated by the Township to constitute 75% or more of the
amount of the road security, the Township Roadmaster may require a
posted road to be maintained or reconstructed within 30 days unless
the permittee agrees to provide such additional financial security
as the Township Roadmaster shall determine.
[Ord. 656, 4/9/2015]
Issuance of an overweight permit will be conditioned on the
permittee's execution of an agreement, in a form acceptable to the
Township Solicitor, to accept financial responsibility for excess
maintenance of the posted road(s) to be used by the permittee. The
agreement may provide for the work to be performed by the posting
authority or its contractor or by the permittee or its contractor.
A standard form excess maintenance agreement may be adopted from time
to time by resolution of the Board of Supervisors.
[Ord. 357, 7/17/1991, § 204; as amended by Ord.
656, 4/9/2015]
The Township Roadmaster will perform the following formal inspections
in addition to intermittent inspections:
[Ord. 357, 7/17/1991, § 205; as amended by Ord.
656, 4/9/2015]
In the event that the final inspection reveals that the use
of overweight vehicles has caused damage to Township roads which requires
reparations that are greater in scope than normal maintenance, as
defined in this Part, these reparations may be undertaken as follows:
A.
The Township performs the excess maintenance or utilizes a private
contractor utilizing the funds provided to the Township in the road
security.
(1)
In determining the amount of excess maintenance necessary and
what portion of the road security is needed to fund the excess maintenance,
the Township Roadmaster and Township Engineer shall provide, in writing,
a detailed report specifying the nature and amount of the damage caused.
Where the Township utilizes outside contractors, normal bidding procedures
in accordance with the Second Class Township Code, 53 P.S. § 65101
et seq., shall be followed in selecting a contractor when determining
the amount of the road security that will be utilized.
B.
The permittee or its contractor may perform the excess maintenance
after receiving approval by the Township. If the permittee or its
contractor perform the excess maintenance, the permittee shall provide
a certificate of insurance naming the Township as an additional insured
for an amount determined by the Township Roadmaster.
(1)
Upon completion of excess maintenance by the permittee or its
contractor, the Township Roadmaster and/or Township Engineer will
inspect all work and notify the permittee as to the Township's satisfaction
with the reparations.
[Ord. 357, 7/17/1991, § 206; as amended by Ord.
656, 4/9/2015]
1.
The Township Roadmaster or Police Department shall prevent or restrain
any overweight vehicles from traveling on Township roads if such activity
is occurring without benefit of an overweight permit or in violation
of an existing overweight permit.
2.
In the event that a citation or legal action is required in attaining
compliance with the provisions of this Part, the Police Department
shall have sole ability to issue such citation. This ability shall
in no manner restrict or inhibit the Township Roadmaster from enforcing
the provisions of this Part and preventing or restraining the use
of overweight vehicles without benefit of a permit or in violation
of an existing permit.
3.
A violation of this Part or of an overweight permit shall be authority
for the Township to revoke the overweight permit and for the imposition
of any and all fines and other penalties as are provided by law.
[Ord. 357, 7/17/1991, § 207; as amended by Ord.
414, 4/13/1994, § 183-36; by Ord. 449, 6/19/1996; by Ord.
460, 4/9/1997; and by Ord. 656, 4/9/2015]
Any person who violates any provision of this Part shall be
prosecuted under §§ 4902(a) and 4902(g-l) of the Vehicle
Code, 75 Pa.C.S.A. §§ 4902(a), 4902(g-l), and, upon
conviction, shall 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, and costs.
