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], 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.
As used in this article, the following terms shall have the
meanings indicated:
PERSON
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.