[Ord. 357, 7/17/1991, § 101; as amended by Ord. 656, 4/9/2015]
As used in this Part, the following terms shall have the meanings indicated unless the context clearly indicates a different meaning.
APPLICANT
Any person, partnership or corporation who makes application for a permit under this Part.
EXCESS MAINTENANCE
Maintenance or restoration or both (but not betterment) of a posted road in excess of normal maintenance caused by use of overweight vehicles.
FINAL INSPECTION
An inspection performed by the Township Roadmaster on all Township roads traveled across by a permittee within five days of the close of operation. The purpose of the inspection is to determine if any damage has been done to roads by overweight vehicles and assess this damage for purposes of utilizing any financial security held by the Township.
LOCAL TRAFFIC
The following should be regarded as local traffic for the purposes of this Part:
(1) 
Emergency vehicles.
(2) 
School buses.
(3) 
Mass transit vehicles.
(4) 
Vehicles and combinations of governmental agencies and utilities or their contractors engaged in construction or maintenance on a posted road or in a location which can be reached only via a posted road.
(5) 
Vehicles and combinations going to or coming from a residence, commercial establishment, or farm located on a posted road or which can be reached only via a posted road; provided, however, travel to the vehicle owner's or operator's place of residence for purposes unrelated to the delivery of goods or materials to the residence shall not be considered local traffic.
NORMAL MAINTENANCE
The usual and typical activities necessary to maintain the roadway, shoulders and drainage facilities in the state of repair existing at the date of preliminary inspection.
OVERWEIGHT PERMIT
A permit which, when issued, permits the use of overweight vehicles on Township roads subject to the requirements of this Part.
OVERWEIGHT VEHICLES
A vehicle or combination having a gross weight in excess of a posted weight limit.
PENNDOT
The Pennsylvania Department of Transportation or any agency successor thereto.
PERMIT FEES
Fees established from time to time by resolution of the Board of Supervisors for the purpose of administration costs in issuing permits and related inspections.
PERMITTEE
Any person, partnership or corporation to whom a permit is issued.
POSTED ROAD
A road having a posted weight limit.
POSTED WEIGHT LIMIT
A restricted weight limit posted on a road.
PRELIMINARY INSPECTION
An inspection performed by the Township Roadmaster on Township roads for which any overweight permit is issued prior to the commencement of operations for the purpose of determining the condition of the Township road(s) to be utilized.
ROAD SECURITY
Financial security required to be posted by a permittee which guarantees that any damage to a posted road by overweight vehicles will be repaired at the expense of the permittee.
SUBSURFACE FACILITIES
Facilities located beneath the roadway surface which are owned by a governmental agency, public utility, or private agency.
TOWNSHIP ROAD
Any road which has been dedicated to and accepted by the Township for use as a public road.
WEIGHT LIMIT STUDY
Study performed by Lennon, Smith & Souleret Engineering in February, 1989, which evaluates and makes recommendations as to what the posted weight limits should be on all Township roads.
[Ord. 357, 7/17/1991; as added by Ord. 656, 4/9/2015]
Pursuant to the authority granted by § 4902(a) of the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 4902(a), it shall be unlawful for any person to operate any vehicle or combination having a gross weight in excess of the maximum prescribed in Exhibit 15-3-A,[1] attached hereto and incorporated herein, for certain Township roads and bridges, as the case may be, unless an overweight vehicle permit has been issued pursuant to this Part.
[1]
Editor's Note: The Board of Supervisors adopted weight limits for certain Township roads referenced in Exhibit 15-3-A pursuant to the enactment of Ord. 357 on July 17, 1991 and the corresponding Weight Limit Study adopted therein. It is the intention of the Board of Supervisors that the weight limits referenced in the Weight Limit Study and Ord. 357 date from the day of original enactment of Ord. 357 and that inclusion in this Code not be considered a repeal, supersession or re-enactment of such original enactment.
[Ord. 357, 7/17/1991, § 201; as amended by Ord. 656, 4/9/2015]
The Township Roadmaster shall:
A. 
Administer and enforce the provisions of this Part in accordance with its literal terms and shall not have the power to permit any use of Township roads which does not conform to the provisions of this Part.
B. 
Issue permits for overweight vehicles in accordance with the provisions of this Part.
C. 
Maintain a permanent file of all applications for permits and permits issued as public records.
D. 
Perform all necessary inspections and initiate any enforcement proceedings which are necessary to insure compliance with the provisions of this Part.
[Ord. 357, 7/17/1991, § 202; as amended by Ord. 656, 4/9/2015]
An overweight permit shall be obtained before any person operates an overweight vehicle on any Township road.
A. 
Vehicles which are considered to be local traffic as defined by this Part shall be exempt from the requirements of an overweight permit.
B. 
Application for an overweight permit shall be accompanied by:
(1) 
A completed and signed application form, in a format provided by the Township.
(2) 
The required permit fee.
(3) 
The required road security.
C. 
The completed application shall be submitted to the Township Roadmaster at the Township municipal building. Upon receipt, the Township Roadmaster shall:
(1) 
Review all documentation for completeness and accuracy.
(2) 
Review and render a decision regarding the application within three business days of his receipt of said application.
(3) 
Request review and recommendations by the Township Engineer if such review is warranted.
D. 
Upon approval of an application, the Township Roadmaster will inspect the Township road(s) which will be traveled upon by the overweight vehicle(s). The Township Roadmaster will make a general report of the condition of the Township road(s) noting any deficiencies he observes. A copy of this report will be provided to the permittee.
E. 
In granting any permit, the Township Roadmaster may attach such reasonable conditions thereto as may be reasonably necessary to protect the public and private property.
F. 
Every permit issued hereunder shall expire 30 days after it is issued. The permittee may request an extension, in writing, setting forth the reasons for the requested extension. If, in the opinion of the Township Roadmaster, such an extension is necessary, the permittee may be granted additional time for the completion of all work.
G. 
The permittee must notify the Township Roadmaster and Police Department at least 24 hours prior to the use of the overweight vehicle(s).
H. 
The permittee must maintain a copy of the overweight permit in the overweight vehicle(s) at all times.
I. 
The Township Roadmaster may revoke any overweight permit issued under the provisions of this Part if he deems the terms of the overweight permit are being violated. Upon revocation of the overweight permit, the Township Roadmaster shall provide the permittee with a written explanation of the terms or conditions of the overweight permit which are being violated.
[Ord. 357, 7/17/1991, § 203; as amended by Ord. 656, 4/9/2015]
Permit fees and road security shall be established as follows:
A. 
Permit fees shall be established from time to time by resolution of the Board of Supervisors.
B. 
Road security shall be provided to the Township as a prerequisite to the issuance of an overweight permit. The applicant shall provide the Township with road security in an amount and type required by and in accordance with this Part, the Financial Security Ordinance [Chapter 1, Part 7], the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended, and PennDOT regulations.
C. 
When the amount of damage in excess of normal maintenance to a posted road is estimated by the Township to constitute 75% or more of the amount of the road security, the Township Roadmaster may require a posted road to be maintained or reconstructed within 30 days unless the permittee agrees to provide such additional financial security as the Township Roadmaster shall determine.
[Ord. 656, 4/9/2015]
Issuance of an overweight permit will be conditioned on the permittee's execution of an agreement, in a form acceptable to the Township Solicitor, to accept financial responsibility for excess maintenance of the posted road(s) to be used by the permittee. The agreement may provide for the work to be performed by the posting authority or its contractor or by the permittee or its contractor. A standard form excess maintenance agreement may be adopted from time to time by resolution of the Board of Supervisors.
[Ord. 357, 7/17/1991, § 204; as amended by Ord. 656, 4/9/2015]
The Township Roadmaster will perform the following formal inspections in addition to intermittent inspections:
A. 
Preliminary inspection.
B. 
Final inspection.
[Ord. 357, 7/17/1991, § 205; as amended by Ord. 656, 4/9/2015]
In the event that the final inspection reveals that the use of overweight vehicles has caused damage to Township roads which requires reparations that are greater in scope than normal maintenance, as defined in this Part, these reparations may be undertaken as follows:
A. 
The Township performs the excess maintenance or utilizes a private contractor utilizing the funds provided to the Township in the road security.
(1) 
In determining the amount of excess maintenance necessary and what portion of the road security is needed to fund the excess maintenance, the Township Roadmaster and Township Engineer shall provide, in writing, a detailed report specifying the nature and amount of the damage caused. Where the Township utilizes outside contractors, normal bidding procedures in accordance with the Second Class Township Code, 53 P.S. § 65101 et seq., shall be followed in selecting a contractor when determining the amount of the road security that will be utilized.
B. 
The permittee or its contractor may perform the excess maintenance after receiving approval by the Township. If the permittee or its contractor perform the excess maintenance, the permittee shall provide a certificate of insurance naming the Township as an additional insured for an amount determined by the Township Roadmaster.
(1) 
Upon completion of excess maintenance by the permittee or its contractor, the Township Roadmaster and/or Township Engineer will inspect all work and notify the permittee as to the Township's satisfaction with the reparations.
[Ord. 357, 7/17/1991, § 206; as amended by Ord. 656, 4/9/2015]
1. 
The Township Roadmaster or Police Department shall prevent or restrain any overweight vehicles from traveling on Township roads if such activity is occurring without benefit of an overweight permit or in violation of an existing overweight permit.
2. 
In the event that a citation or legal action is required in attaining compliance with the provisions of this Part, the Police Department shall have sole ability to issue such citation. This ability shall in no manner restrict or inhibit the Township Roadmaster from enforcing the provisions of this Part and preventing or restraining the use of overweight vehicles without benefit of a permit or in violation of an existing permit.
3. 
A violation of this Part or of an overweight permit shall be authority for the Township to revoke the overweight permit and for the imposition of any and all fines and other penalties as are provided by law.
[Ord. 357, 7/17/1991, § 207; as amended by Ord. 414, 4/13/1994, § 183-36; by Ord. 449, 6/19/1996; by Ord. 460, 4/9/1997; and by Ord. 656, 4/9/2015]
Any person who violates any provision of this Part shall be prosecuted under §§ 4902(a) and 4902(g-l) of the Vehicle Code, 75 Pa.C.S.A. §§ 4902(a), 4902(g-l), 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 costs.