GENERAL REFERENCES750a Application for Permit for Hauling 750b Bituminous Roadway Repair
General penalty — See Ch. 120.
Street construction — See Ch. 720.
General traffic provisions — See Ch. 820.
[Ord. No. 259, passed 3-12-1963; Ord. No. 518, passed 3-11-2009]
That the following words and phrases, as used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section, as follows:
- GROSS WEIGHT
- The combined weights of any vehicle and its load; in the case of a semitrailer, trailer or any truck-tractor combination, the term "gross weight" shall be the aggregate weight of all units of such combination plus their respective loads.
- The operation or moving of any vehicle, as herein defined, for the purpose of transporting materials therein or thereby from a point of origin within or without the limits of the Township over the streets of the Township to a destination point within or without said Township.
- HEAVY VEHICLE
- Every device or means of conveyance, whether or not self-propelled, in, upon or by which any person or property is or may be transported on a public street of the Township where the gross weight thereof is in excess of 20,000 pounds or such lesser amount as may be duly posted for a particular Township street, but excluding therefrom the following:
- LOCAL DELIVERY
- The hauling, from a point within or without the Township to a destination point at a residence, place of business or other property within the Township, of materials intended (i) for ultimate use or consumption at such point of destination or (ii) for the sale thereof at retail from such points of destination to the ultimate consumers of such materials, provided, however, that the term "local delivery", although otherwise applicable under this definition, shall not apply to the hauling by dump truck of earth, sand, gravel, slag or other bulk materials intended for use as fill at such point of destination, nor shall such term apply to the hauling of materials to a warehouse or bulk storage facility of any kind located within the Township and operated solely as a temporary place of storage pending ultimate delivery thereof to a point or points of destination outside the limits of the Township.
- Goods, wares, merchandise, machinery, timber, earth, sand, gravel, slag or other personal property of any kind.
- Any natural person and any corporation, partnership or other association of natural persons.
[Ord. No. 291, passed 9-5-1967; Ord. No. 518, passed 3-11-2009]
It shall be unlawful to operate or cause to be operated, upon any street of the Township any Heavy Vehicle, unless the person who is the owner, lessee or operator thereof shall have first obtained a permit for the operation thereof for such hauling in the manner hereinafter set forth, provided, however, that such prohibition shall not apply to a hauling which is defined in § 750.01 hereof as a local delivery, and provided, further, that such prohibition shall not apply to those sections of certain public streets of the Township which are described and identified as follows:
That portion of Main Street beginning at a point distant 312 feet, measured northwestwardly from the intersection of the center line of Bridge Street with the center line of Main Street, and extending from said point of beginning in a northwesterly direction to the northwesterly terminus of said Main Street.
That portion of Factory Street extending from the southwesterly side of the Pittsburgh & Lake Erie Railroad Bridge in a southwesterly direction to the northeasterly side of McGovern Boulevard.
[Ord. No. 259, passed 3-12-1963, amended 5-7-1985 by Res. No. 7-85; Ord. No. 518, passed 3-11-2009]
A permit for the hauling of materials otherwise prohibited by the provisions of this chapter may be obtained only upon the following terms and conditions and upon compliance with the following provisions:
Any owner or lessee of a vehicle proposed to be used for such hauling shall sign and file with the Secretary-Manager a written application which shall contain the following information: Name and address of applicant and, if the owner is not the applicant, the name and address of the owner of such vehicle; identification of such vehicle by make, type and license number; description of material proposed to be hauled; gross weight of such vehicle when fully loaded with maximum quantity of materials proposed to be hauled per load; date or dates of proposed hauling; and the points of origin and destination of the proposed hauling. A filing fee in such amount as is established from time to time by resolution of the Board of Commissioners shall accompany an application for a hauling permit. Public utilities performing excavation or tunneling work covered by this Chapter 750, either directly through the utilization of their own forces or through contractors, shall be exempt from payment of the foregoing fee(s). This exemption shall extend to any public utility which provides its public services to residents of the Township, including sanitary sewerage, water, telephone, electric, gas and cable television.
The applicant shall, as part of the application for the permit, agree to indemnify the Township for any damage to the streets which may result from such hauling and reimbursement of such inspections as may be required to be performed by the Township Engineer. No such permit shall be issued unless and until such applicant shall first deposit with the Township a cash or surety bond in the amount of $1,000. An applicant may deposit with the Township a cash deposit or surety bond in the amount of $10,000 to cover any damage to the streets which may result from any permits issued to the applicant during the period of one year following the date on which the cash deposit or surety bond is deposited. Any bond shall be effective for a period of six months following the last hauling permit issued to the applicant. If cash is deposited, 1/2 thereof shall be returned to the applicant, without interest, when the hauling is completed and the streets are inspected by the Township Engineer, and the balance thereof shall be returned to the applicant, without interest, six months thereafter.
Such permit shall be carried in the vehicle for which it is issued at all times during the hauling authorized thereby and shall be available for inspection by any police officer of the Township at all such times.
In no event shall any further or other hauling permit or permits be issued to any person while there remains unpaid any deficiency due upon any prior hauling permit issued to him.
[Ord. No. 259, passed 3-12-1963]
Any police officer of the Township who shall be in uniform and exhibit his badge, having reason to believe that the weight of any vehicle being operated, or which is about to be operated, over any street of the Township pursuant to authorization contained in any hauling permit issued as aforesaid, exceeds the gross weight authorized by such permit, is hereby authorized and directed to stop said vehicle and to weigh the same by means of a portable or stationary scale or may require such vehicle be moved to the nearest stationary scale within the Township. Should such weighing disclose that the gross weight of such vehicle is in excess of the gross weight authorized by such permit, such vehicle shall not thereafter be operated over any of the streets of the Township until the gross weight thereof shall be reduced, by unloading the same, to comply with the gross weight authorized by such permit, provided, however, that no such unloading to comply with such authorized gross weight shall relieve the owner, lessee or operator of such vehicle from prosecution hereunder for any violation of this chapter which shall have theretofore occurred.
[Enacted at time of codification.]
The penalty for violating any of the provisions of this chapter shall be in accordance with § 120.07 of the Codified Ordinances.
The application for a hauling permit under § 750.03 shall be in the following form:
Editor's Note: The application for a hauling permit is included at the end of this chapter.
[Ord. No. 518, passed 3-11-2009]
No permit will be issued until the applicant shall have filed with the Township Secretary-Manager a certificate issued by an insurance company authorized to do business in Pennsylvania evidencing the issuance to the applicant of a policy of public liability and property damage insurance in an amount not less than $1,000,000 for injury to persons and $500,000 for injury to property arising out of a single occurrence. The certificate shall further evidence that the Township has been named as an additional insured with respect to the Heavy Vehicle hauling to be performed by the applicant.
[Ord. No. 337, passed 6-6-1978; Ord. No. 518, passed 3-11-2009]
Nothing in this chapter shall be construed to prevent the performance of such Heavy Vehicle hauling as may be necessary for the preservation of life or property, or for making repairs, provided that the person performing the same shall apply for such a permit within 72 hours after such work is commenced.
[Ord. No. 518, passed 3-11-2009]
The Township's duly appointed delegate shall make such inspections as are reasonably necessary in the enforcement of this chapter.
[Ord. No. 518, passed 3-11-2009]
The provisions of this chapter shall not be applicable to any Heavy Vehicle hauling work performed by employees of the Township or by any contractor performing work for and in behalf of the Township.