[Added 7-24-2012 by Ord. No. D-1-7-24-2012, approved 7-24-2012]
This article shall be deemed to be an exercise of the general
powers of the Borough of Masontown, as authorized by the Borough Code
and/or the Pennsylvania Motor Vehicle Code, providing for the general
welfare and safety of the citizens in the Borough by providing a weight
limitation on any street or roadway (per PennDOT publication 221),
the condition of which requires a limitation of weight, or which is
constructed in such a manner as to limit the weight capacity thereon
as pertains to the damages or costs to repair necessitated by their
activities.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
A structure having a roof supported by columns or walls used
for the housing or enclosure of person, animals or chattels.
Any building which is used for residence.
Services including, but not limited to, services provided
to dwelling or buildings such as transportation of building materials
for construction or repair, the moving of furniture and household
goods, delivery of home-heating fuels, the water delivery, the transportation
of such equipment as may be necessary in connection with the above,
or any other service normally related to residential dwellings.
Every vehicle of the tractor type which is self-propelled,
designated and used primarily as a farm implement for drawing plows,
moving machinery and other implements of husbandry.
The combined weight of a vehicle or combination of vehicles
and its or their load or loads, exclusive of the operator.
Any vehicle, as herein defined, which is self-propelled,
except farm tractors, farm machinery, fire department equipment, and
school buses, Borough vehicles, Commonwealth of Pennsylvania vehicles,
any vehicle being operated by a contractor working for the Borough,
or any vehicle used in conjunction with the emergency activities in
an emergency situation as declared to be an emergency by the Governor
of the Commonwealth of Pennsylvania, the County of Fayette, the Borough,
or the Borough Fire Chief or Police Chief.
Any vehicle of the trailer type so designated and used in
conjunction with a motor vehicle that some part of its own weight
and that of its own load rests upon or is carried by another vehicle.
Every vehicle of the tractor type which is self-propelled,
designated and used for drawing other vehicles, and not so constructed
as to carry a load thereon.
Every vehicle without motive power, designated to carry property
or passengers or designed and used exclusively for living quarters
wholly or in its own structure, and to be drawn by motor vehicle or
tractor.
No motor vehicle, truck, trailer or semitrailer as above defined,
excepting fire department equipment, farm machinery, vehicles providing
essential services to dwelling or buildings, school buses, Borough
vehicles, Commonwealth of Pennsylvania vehicles, vehicles of any contractor
working for the Borough, any vehicles used in conjunction with an
emergency activity as declared to be an emergency by the Governor
of Pennsylvania, the County of Fayette, the Borough, or the Borough
Fire Chief or Police Chief and vehicles bearing special permits shall
be used or operated on the certain roads and/or portions thereof within
the confines of the Borough of Masontown, Fayette County, Pennsylvania,
with a maximum gross weight exceeding the weight limits designated
hereinafter or as may be designated in the future by resolution.
A.
All those persons, individuals or businesses operating within the
confines of the Borough of Masontown and utilizing the Borough roads
or portions thereof affected by this article and/or subsequent amendments
or resolutions must apply to the Borough Council for a special permit
to operate at weights in excess of those provided by this article
and/or its amendments and/or subsequent resolutions. Such application
shall include the name and addresses of the petitioning party, the
type of business, a listing of the roads or portions of roads to be
used for excess weight hauling, the type of load to be carried, approximation
of the weight of the vehicle and load being transported and the estimated
period and frequency of use. The applicant shall pay an application
fee of $300 per designated road. Upon payment of said fee, and consideration
of the application, the Borough Council may, at their discretion,
issue a special permit, to operate said vehicle or vehicles at weights
in excess of those provided by this article, its amendments and/or
subsequent resolutions.
B.
At such a time as a special permit is issued for a specific vehicle,
the operator of said vehicle must carry a copy of said permit in the
vehicle at all times while it is being operated on the road, roads
or portions thereof and therein, shall produce the same to any Borough
official, Borough police officer, or State Police officer that requests
to review the same. Additionally, if any weight slips are in the possession
of the applicant as pertains to the subject vehicle, a copy of the
same must be kept in the subject vehicle while it is operated on any
of the Borough roads or portions thereof and must be produced to any
Borough official, Borough police officer, and/or State Police officer
that requests to see the same.
The Borough of Masontown shall require the applicant to post
a bond in accord with the PennDOT stated bond value per mile to cover
the costs of repair or damage that may be caused to the Borough road,
roads or portions thereof due to the excess weight carried on them.
No overweight haulage may occur until the bonding has been posted.
No bond shall be released until an independent final inspection report
is submitted and verified by the Borough.
The Borough of Masontown shall require a written heavy-hauling
agreement between any heavy-hauling operator and/or individual and
the Borough prior to heavy hauling in excess of Borough weight restrictions
on enumerated roads. No overweight haulage may occur until the agreement
has been signed by both parties.
Any current heavy-hauling operator and/or individual currently
bonded to haul and who is currently hauling heavy on Borough roads
shall within 30 days of the Borough's adoption of this article, enter
into a heavy-hauling agreement with the Borough and obtain a special
permit.
Any heavy-hauling operator and/or individual must videotape
the condition of the road prior to beginning transport of equipment;
provide a copy of said videotape to the designated Borough official;
complete a written agreement, signed off on by both parties, and do
a walkthrough with the designated Borough official before work is
commenced and after work is completed.
All multiple users/operators, who are operating in excess of
the weight restrictions on the same Borough road or roads at the same
time, shall share equally or proportionally on costs of maintenance
or repairs, which occur after the multiple users/operators commence
hauling operations. If any dispute arises among multiple haulers as
to contributions, each operator shall file a written request to the
Borough to hear and arbitrate the disputed contributions.
The weight limits on all Borough roads or portions thereof are
hereby established at 10 tons.
Official signs designating the provisions setting forth the
limitations herein shall be erected at each end of that portion of
road or roads for which the limit is the same, in accordance with
the requirements of the Commonwealth of Pennsylvania, Department of
Transportation and/or the Pennsylvania Motor Vehicle Code.
Any Borough police officer or State Police officer or any municipal
police officer acting at the request and with the authorization of
the Borough of Masontown Police Department, who shall be in uniform
and shall exhibit his badge or other sign of authority, having reason
to believe that the weight of a vehicle or combination of vehicles
and load is in excess of the posted limit, is authorized to stop the
same and request and view the special permit and any and all weight
or weight slips. Additionally, said officer is authorized to weigh
said vehicle or combination of vehicles and/or load. Said weighing
may be done by means of portable or stationary scale, if such scale
is within the confines of the Borough of Masontown or within the confines
of an adjoining municipality. Upon determining that the weight is
in excess of that permitted by this article, its amendments or subsequent
resolutions, the officer may then require the operator to unload immediately
such portion of the load as may be necessary to decrease the gross
weight to the maximum gross weight specified in this article.
Whenever used herein, the term "vehicle" as pertains to the
requirements of this article shall include all vehicles and/or trailers,
etc. that are subject to this article unless specifically stated to
the contrary.
Any person, partnership or corporation who shall violate the
provisions of this article shall, upon conviction thereof in a summary
proceeding, be sentenced to pay a fine as established hereinbelow
as pertains to this specific offense. Each day that an offense occurs
shall be considered a separate violation. Additionally, and not by
way of limitation, the Borough may use any other remedy available
at law or in equity so as to enjoin and/or stop any violation. Therein,
any and all court costs, Borough attorney's fees and expenses as therein
incurred shall be paid by the violating party.
A.
Failure to obtain a special permit and/or enter into a heavy-hauling
agreement: $1,000.
B.
Operating on Borough road in excess of weight permitted by special
permit: $100 per ton or portion of ton in excess of weight permitted
by special permit.
C.
Failure to produce special permit upon request of police officer:
$100.
D.
Failure to produce weight slip upon request of police officer: $100.
E.
Each trip of a vehicle that is in violation of this article shall
be considered a separate offense.
If a dispute arises between the Borough and the Operator, the
aggrieved party must follow the dispute resolution procedure, which
provides for an appeal to the Borough Council and, if the dispute
is unresolved between the Borough and the Operator after the appeal
to the Borough Council, then to the Court of Common Pleas.
The Borough Council may, at any time, by way of resolution amend
this article, designate additional roads or portions thereof that
shall be subject to weight limitations, redesignate weight limitations
as to previously designated roads, and change the amount of application
fee and penalty.
