[Adopted 8-23-2010 by Ord. No. 137]
Any person who seeks a permit from the Pennsylvania Department
of Environmental Protection or other agency charged with permitting
for, or is otherwise going to engage in, 1) surface or subsurface
coal mining, 2) noncoal surface mining or quarrying, and/or (3) oil
and gas extraction, when said operations utilize Township streets,
roads, and highways, or sections thereof, situate within Adams Township,
Butler County, Pennsylvania, for vehicle(s) in excess of the maximum
gross limits for highways established pursuant to the Pennsylvania
Motor Vehicle Code [75 Pa.C.S.A. § 4941(c), as from time
to time amended],[1] shall be required to:
A.
Establish a road, street or highway route satisfactory to the Township
Supervisors, which said route shall minimize the impact upon Township
roads, streets and highways and traffic thereon, and maximize the
safe use of the road network within Adams Township;
B.
Execute an excess maintenance agreement with the Township for a PennDOT Type 2 permit for all Township roads utilized by the applicant pursuant to Subsection A, above, so as to guarantee restoration of Township roads damaged as a result of hauling by the overweight vehicles. The excess maintenance agreement shall be substantially in the form as from time to time approved by resolution of the Board of Supervisors.
C.
Post a bond, or other financial surety, in a form acceptable to the
Township, with the Township to help guarantee restoration of Township
roads damaged as a result of hauling associated with the permit application.
The amount of the bond shall be based upon the amount established
by the Commonwealth of Pennsylvania and currently set forth in 67
Pa. Code § 189.4(d)(1), as may be from time to time amended.[2]
[2]
Editor's Note: This ordinance also provided the current
bond rates in 67 Pa. Code § 189.4(d)(1) of $12,500 per lineal
mile for paved highways and $6,000 per lineal mile for unpaved highways.
[1]
Editor's Note: This ordinance also provided the current
maximum gross weights in pounds for various vehicles as provided in
75 Pa.C.S.A. § 4941(c), as follows: (1) two-axle motor vehicle:
38,000; (2) three-axle motor vehicle: 58,400; (3) four-axle motor
vehicle: 73,280; (4) five-axle motor vehicle: 73,280; (5) six-axle
motor vehicle: 77,000; (6) seven-axle motor vehicle: 80,000.
As used in this article, the following terms shall have the
meanings indicated:
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, or any
other legal entity whatsoever which is recognized by law as to the
subject of rights and duties.
A.
Any person found to have violated any of the provisions of this article
shall be guilty of a summary offense and, upon conviction thereof,
shall be sentenced to pay a fine not exceeding $1,000, plus costs
of prosecution, or undergo imprisonment for a period not exceeding
30 days, or both, and in addition, pay the Township's reasonable
attorney's fees and costs. Each additional day or provision of
this article violated shall constitute a separate offense.
B.
In addition, any person who violates § 164-10 of this article shall be prosecuted under the Motor Vehicle Code 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 all costs of prosecution, plus pay the Township's reasonable attorney fees and costs.
