This article is intended to regulate the operation of motor
vehicles on the roads of Prospect Borough, Butler County, Pennsylvania.
This article describes the steps required for obtaining permits, the
type of permits that will be issued, the vehicles that are exempted,
the types of permits that will be issued, the costs associated with
the issuance of a permit, and the penalty for violation of this article.
This article does not apply to bridges posted independently of highways.
The following words or terms, when used in this article, shall
have the following meanings, unless expressed clearly in the context
otherwise:
Prospect Borough, Butler County, Pennsylvania.
The Pennsylvania Department of Transportation.
Maintenance or restoration, or both (but not betterment),
of a posted highway in excess of normal maintenance, caused by over-posted-weight
vehicles.
Emergency vehicles, Fire Department and police 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.
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 by this article
(relating to the use under permit). These activities will include
the cleaning of the ditches and culvert openings, mowing of the right-of-way,
and snow removal.
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 Section 4902 of the Vehicle Code.[1]
Prospect Borough, Butler County, Pennsylvania.
[1]
Editor's Note: See 75 Pa.C.S.A. § 4902.
A.
General rule. Over-posted-weight
local traffic may exceed posted weight limits unless the posting authority
determines that the vehicle or vehicles being driven are likely to
cause damage to the highway.
B.
Vehicles determined likely to
damage highways.
(1)
If the Borough determines
that one or more over-posted-weight vehicles are likely to damage
the highway, the Borough 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 Borough police.
(2)
After two business days following delivery of the notice or after five business days following the mailing of the notice, such over-posted-weight vehicles shall not exceed the posted weight limits except in accordance with the provisions of § 289-31 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.
The data generated by the engineer
has indicated that a safe weight limit for the roads of Prospect Borough
will be 10 tons. The roads shall be posted at this weight limit.
B.
The following is a listing of
the roads located within Prospect Borough that are affected by this
article:
|
Road Name
|
Boro. No.
|
Seg.
|
Location
|
|---|---|---|---|
|
Bear Creek Road
|
N/A
|
N/A
|
From State Route 0488 to dead end
|
|
Crown Hill Road
|
N/A
|
N/A
|
From State Route 0528 to Kennedy Road
|
|
Kennedy Road
|
N/A
|
N/A
|
From State Route 488 to Connoquenessing Township
|
A.
General rule. No over-posted-weight vehicle, except local traffic authorized under § 289-29 of this article, shall be driven on a posted highway with a gross weight in excess of the posted weight limit unless the posting authority has issued a permit for the vehicle or vehicles under this section.
B.
Types of permits.
(1)
Type 1 permit: authorizes
the 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)
Type 2 permit: authorizes
the 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 Type 2 permit will be issued only upon request of the permittee
and if the posting authority determines that it 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 the permit belong
to or are hauling under contract with customers or suppliers of the
permittee.
(3)
Type 3 permit: authorizes
the use of a number of specified posted highways or portions thereof
by an over-posted-weight vehicle.
(a)
It is valid only when
carried in the over-posted-weight vehicle.
(b)
The permit will be issued
only if the posting authority 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 highway 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.
(1)
The agreement may provide
for the work to be performed by the posting authority or its contractor.
(2)
The agreement may provide
for the work to performed by the permittee or its contractor.
(3)
In the case of a self-bonded
agreement, the Borough will require that all work be performed by
the permittee or its contractor.
D.
Security. Except in the case
of "self-bonding" under this subsection, the permittee shall be required
to provide security in favor of the posting authority to assure compliance
with the maintenance-reconstruction agreement.
(1)
The amount of security shall
be as follows:
(a)
Type 1 and 2 permits.
[1]
Six thousand dollars
per linear mile for unpaved highways to be maintained at a level consistent
with the type of highway.
[2]
Twelve thousand dollars
per linear mile for paved highways to be maintained at a level consistent
with the type of highway.
[3]
Fifty thousand dollars
per linear mile for any highway that the Borough allows to be maintained
below a level consistent with the type of highway.
(b)
Type 3 permits. The bond
for a Type 3 permit shall be $10,000.
(c)
Scheduling of bonding
amounts. The Borough will, from time to time, but not more often than
annually, publish a revised schedule of bonding amounts based on the
increased or decreased maintenance costs.
(2)
Form of security.
(a)
The security may be in
the form of a performance bond with surety by a company authorized
to do business in the Commonwealth of Pennsylvania; or
(b)
At the option of the permittee,
in the form of a certified cashier's check, bank account, or irrevocable
letter of credit in favor of the posting authority, or in some other
form of security acceptable to the posting authority.
(3)
Additional security. When
the amount of damage in excess of normal maintenance to a posted highway
is estimated by the posting authority to constitute 75% or more of
the amount of the security, the posting authority may require the
highway to be maintained or reconstructed within 30 days unless the
permittee agrees to provide such additional security as the posting
authority shall determine.
(4)
Self-bonding. The posting
authority may authorize self-bonding if it determines, on the basis
of the financial ability of the permittee, that it is unlikely that
the posting authority will be unable to collect a judgment rendered
against the permittee for failure to comply with the maintenance agreement.
(a)
The posting authority
may require corporate officers and stockholders and their spouses
to execute a self-bond if the financial ability of a corporation is
insufficient in itself to justify self-bonding.
(b)
The posting authority
may require the permittee to execute liens on real or personal property,
or both, as a condition for authorizing self-bonding.
(c)
To be considered for self-bonding
by the Borough, a permittee shall file a contractor's financial statement,
the Department Form CS 4300, Part 1. The financial statement shall
be updated annually and within 30 days of any Borough request for
an update.
(5)
Multiple permittees conform
as follows:
(a)
Agreement to share excess
maintenance responsibility. If two or more persons wish to obtain
Type 1 or Type 2 permits and co-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 the
excess maintenance, and the posting authority will enter into agreements
and accept security on the basis of the agreed shares.
(b)
Determination by posting
authority. If multiple applicants for Type 1 or Type 2 permits cannot
agree on their relative responsibility, the posting authority will
determine their relative shares and will enter into agreements with
and accept security from any person agreeing to such determinations.
(c)
Subsequent permit applicants. Subsection D(5)(a) and (b) 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.
(6)
Determination of highway
condition.
(a)
Inspection. Representatives
of the posting authority and the permittee or permittees will make
an on-site inspection of the posted highway immediately before issuance
of each permit to determine its condition.
(b)
Reinspection:
(c)
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 posting authority
will make an on-site inspection to determine the relative condition
of the highway before and after the use to assess any excess maintenance
caused by the permittee.
(d)
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.
(e)
All inspections will be
documented on the approved forms supplied by the posting authority.
Copies may be made available upon request at a cost as set by the
Borough Council.
(f)
Inspection costs. The
inspection and reinspection costs of the posting authority shall be
paid by the permittee or permittees. The permittee or permittees shall
make payment to the posting authority for inspection or reinspection
fees. Inspection and reinspection costs shall include any costs or
fees reasonably connected with the inspection or reinspection of a
posted highway, including the posting authority's solicitor fees and
the engineer's fees.
(g)
Issuance of permit. After
all payments for inspections and reinspections have been made, the
posting authority shall issue a permit of the type requested.
(h)
Administrative fee. The
posting authority will charge a fee for the issuance of each permit.
The fee will be determined annually at each organizational meeting.
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 the 3,000 pounds of
maximum allowable weight.
A.
On the following bridges and
streets or parts of streets, by authority granted by § 4902(a)
of the Vehicle Code, 75 Pa.C.S.A., it shall be unlawful for any person
to drive any vehicle or combination in violation of the size restrictions
prescribed below for that bridge or street or part of street, as the
case may be:
|
Street or Bridge
|
Restriction
|
Location
|
|---|---|---|
|
(Reserved)
| ||
B.
Any person who violates any provision
of this section shall be prosecuted under § 4902(a) and
(g)(1) of the Vehicle Code, 75 Pa.C.S.A. and, upon conviction, shall
be sentenced to pay a fine of $75 and costs.
