[HISTORY: Adopted by the Board of Supervisors of the Township
of Washington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-14-2004 by Ord. No. 2004-02]
This article shall be known and may be cited as "The Washington
Township Heavy Hauling and Tarp Ordinance."
No person, firm, partnership, corporation, business entity,
or any other party shall transport or haul coal, stone, timber, garbage,
or any other materials, items, cargo, and freight, or any kind of
heavy equipment, including, but not limited to, that used in mining,
drilling or logging operations, that results in a gross weight, including
the weight of the vehicle, in excess of 10 tons, on a Washington Township
road, unless and until the Township has granted a permit for such
transportation, and the party has secured a bond for the protection
of said Township road, except for use by local traffic, as specified
herein. All Township roads shall be properly posted as required by
law.
A.
For the purposes of this article, local traffic shall include the
following: emergency vehicles, school buses, vehicles in combinations,
or governmental agencies and utilities or their contractors engaged
in construction or maintenance on a posted highway or in a location
which can be reached only via a posted highway, and vehicles in combinations
going to or coming from a residence, commercial establishment, or
farm located on a posted highway or which can be reached only via
a posted highway.
B.
General rule. Over-posted-weight local traffic may exceed posted
weight limits unless the Township determines that an over-posted-weight
vehicle or vehicles being driven to or from a particular destination
or destinations are likely to damage the highway.
C.
Vehicles determined likely to damage highway. If the Township determines that one or more over-posted-weight vehicles are likely to damage the highway, the Township will so notify the registrants of the over-posted-weight vehicles or owners of the destination or destinations, or both, and will also notify state and local police. After two business days following delivery of the notice, or after five days following mailing of the notice, such over-posted-weight vehicles shall not exceed the posted weight limits except in accordance with the provisions of § 324-2 of this article.
D.
Proof of local traffic status. The following types of documents will
constitute evidence that a vehicle is local traffic:
A Township road shall include any roadways, including rights-of-way
laid out or accepted by the Board of Supervisors of Washington Township,
but not including any federal or state highways within said Township.
Tarps shall be used to cover any loose materials being hauled
that might otherwise spill, fly, or otherwise bounce out of any vehicle
in or by which such materials are being hauled.
Application for such permit shall be made in writing, in accordance
with such rules and regulations as may be established by said Township,
and the application shall be made to the Secretary of the Township,
whereupon approval shall be required by the Township Supervisors or
their designated representative.
The permit shall not be issued unless and until a bond, of a
kind and with such security as is determined by the said Supervisors
to be satisfactory, according to the type of road affected, distance,
and anticipated damage, is executed, reviewed and approved by the
said Supervisors.
Furthermore, the permit shall not be issued unless and until
a maintenance agreement, satisfactory to the said Supervisors, is
executed; and, in addition to such other terms as may be required
by said Supervisors, each agreement shall at least provide that the
Township shall have the right to suspend usage on 24 hours' notice
for maintenance, or because of inclement weather conditions; that
the permitted party shall be responsible for the road or section of
road for which the permit is granted for a period of six months after
termination of usage under the permit; that any maintenance or restoration
of any permitted stretch of road shall utilize such materials, and
be done in such a fashion as is satisfactory to the Supervisors.
Furthermore, the Township may require, if the heavy hauling
adversely affects the road beyond normal vehicular traffic, that no
permit shall be issued unless and until the parties seeking the permit
submits an erosion and sedimentation control plan that complies with
the Pennsylvania Department of Environmental Protection regulations,
as contained in Title 25 Pennsylvania Code Chapter 102, and its amendments.
The Township shall act on approving or disapproving any application
for permit within 30 days after submission of all required documentation.
If no action whatsoever is taken within 30 days, the applicant will
be permitted to use the road, pending a response from the Supervisors.
Each bond required for a permit under this article will remain
in effect to indemnify the Township, should any damage occur to any
portion of the surface, berm, drains, culverts, bridges, or any other
aspect of or pertaining to the road, or section thereof that is permitted,
and if excessive damage occurs, then the permit can be revoked. The
determination of damage shall be made by the said Supervisors or their
designated representative, in their sole discretion, and the Supervisors
shall be satisfied that no damage exists prior to the releasing of
said bond. The security may be in the form of a performance bond with
surety by a company authorized to do business in the commonwealth;
or, at the option of the permittee, in the form of a certified or
cashier's check, bank account, or irrevocable letter of credit in
favor of the Township; or in some other form of security acceptable
to the Supervisors. The amount of the bond shall be based on a formula
of $6,000 per mile for unpaved roads to be maintained at a level consistent
with the type of roadway, and $12,500 per mile for paved road to be
maintained at a level consistent with the type of highway, and $50,000
per mile for any roadway which the Township allows to be maintained
below a level consistent with the type of roadway, or of such greater
amounts as shall be required by revisions in the laws and regulations
pertaining to the schedule of bonding amounts.
When the amount of damage in excess of normal maintenance to
a posted highway is estimated by the Township to constitute 75% or
more of the amount of the security, the Township may require the highway
to be maintained or reconstructed within 30 days unless the permittee
agrees to provide such additional security as the posting authority
shall determine.
Multiple permittees shall conform with the following:
A.
Agreement to share excess maintenance responsibility. If two or more
persons wish to obtain Type 1 or Type 2 permits to operate over-posted-weight
vehicles on the same posted highway or portion thereof, they may agree
among themselves as to their relative responsibility for the cost
of excess maintenance and the posting authority will enter into agreements
and accept security on the basis of the agreed shares.
B.
Determination by posting authority. If multiple applicants for Type
1 or Type 2 permits cannot agree on their relative responsibility,
the Township will determine their relative shares, and will enter
into agreements with and accept security from any person agreeing
to such determination.
C.
Subsequent permit applicants. Subsections A and B shall apply even if one or more persons have already entered into a Type 1 or Type 2 permit agreement and posted security when another person expresses the desire to obtain a Type 1 or Type 2 permit to operate over-posted-weight vehicles on the same posted highway.
Determination of highway condition shall consist of the following:
A.
Inspection. Representatives of the Township and of the permittee
or permittees will make an on-site inspection of the posted highway
immediately before issuance of each permit in order to determine its
condition.
B.
Reinspection. The posted highway will be reinspected:
C.
Type 3 permits. Before and after using a Type 3 permit on any posted
highway specified in the permit, the representatives of the permittee
and the Township will make an on-site inspection to determine the
relative condition of the highway before and after the use and to
assess any excess maintenance caused by the permittee.
All Type 1 and Type 2 permittees on a posted highway or portion
thereof will be notified of all inspections and reinspections on the
highway or portion, and may participate in the inspections and reinspections.
The inspection costs of the Township shall be paid by the permittee
or permittees.
There shall be an automatic violation of this article if, at
any time, any portion of the road, or section thereof that is under
permit, becomes impassable, or otherwise not in the condition of a
public thoroughfare, due to the activity or use of the road by the
permittee.
A.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each haul over a Township road which constitutes
a violation of this article shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Furthermore, in the event of any violation, as determined by the
Supervisors, the permit of any party operating in the Township under
this article shall, at the option of the Township, be forfeited and
revoked.
[Adopted 9-13-2022 by Ord. No. 2022-01]
All Township streets, roads and alleys located within the Township
of Washington, Jefferson County, Pennsylvania, excluding state highways,
properly posted, are hereby designated as ATV/UTV vehicles and snowmobile
roads. All such roads shall be shared with vehicle traffic.
As used in this article, the following terms shall have the
meanings indicated:
Motorized off-highway vehicles traveling on three or more
low pressure inflatable tires, capable of traversing all types of
terrain, including water, as set forth in detail in 75 Pa.C.S.A. § 7702.
An engine-driven vehicle which is all of the following: 1)
is designed to travel over snow or ice; 2) has an endless belt track
or tracks; 3) is steered by a ski or skis; and 4) has an overall width
of 48 inches or less.
Pursuant to the restrictions as otherwise contained herein,
ATV/UTV vehicles and snowmobiles may be operated on all of the said
Township streets, roads and alleys properly posted. Said ATV/UTV vehicles
and snowmobiles shall be operated in conjunction with the normal vehicular
traffic thereon. All vehicles must remain on the designated areas
and in no way shall enter private property without the consent of
the owner or lessor or cross any waterway. Posting shall be as set
forth in 17 Pa. Code. Any person operating such ATV/UTV vehicles and
snowmobiles shall comply with the requirements as set forth in 75
Pa.C.S.A. §§ 7701 through 7753 and the Pennsylvania
Code.
It shall be unlawful for any person to operate ATV/UTV vehicles and snowmobiles on any highway, street, road or alley in Washington Township other than as provided in § 324-21 above. Provided, however, nothing in this article shall prohibit any person from operating ATV/UTV vehicles and snowmobiles on any other highway, street, road or alley in Washington Township:
A.
As authorized by § 7721 of the Pennsylvania Vehicle Code
for emergency and bridge crossing and for direct crossing on streets
or two-lane highways; or
B.
For special ATV/UTV vehicle events authorized in advance and for
which the street is blocked off as provided in § 7723 of
the Pennsylvania Vehicle Code.
C.
All such vehicles must display a valid DCNR license plate, registration
sticker and a valid Township sticker and possess a current certificate
of insurance.
No person under 16 years of age may operate ATV/UTV vehicles
and snowmobiles on the street, road or alley designated under § 7722
of the Vehicle Code (relating to designation of ATV/UTV vehicles and
snowmobile roads) as open to ATV/UTV vehicles and snowmobiles and
vehicular traffic. A person under 16 years of age who holds the appropriate
safety certificate may operate ATV/UTV vehicles and snowmobiles on
roads designated under § 7724(b) (relating to operation
on private or state property) as open to ATV/UTV vehicles and snowmobiles
and vehicular traffic providing he/she is under the direct supervision
of a person 18 years of age or older.
All ATV/UTV vehicles and snowmobiles must be equipped with a
muffler in good working order, and the sound intensity produced by
the said vehicle may not exceed the requirements as set forth in 75
Pa.C.S.A. § 7743.
Every person operating ATV/UTV vehicles and snowmobiles upon
Township land shall be subject to and shall operate said ATV/UTV vehicles
and snowmobiles in conformity with the provisions of the Pennsylvania
Vehicle Code,[1] the regulations, if any, promulgated thereunder, and all
other applicable acts of law including the requirement of insurance.
This article is not intended to limit any provisions or scope of authority
of the Pennsylvania Vehicle Code or any other Act.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
Any person who violates any provision of this article shall
be subject to the penalties prescribed in § 7752 of the
Vehicle Code designated a summary offense and shall upon conviction:
A.
For a first offense, be sentenced to pay a fine of not less than
$50 nor more than $200 and costs of prosecution and, in default of
the payment of the fine or costs, shall be imprisoned for not more
than 10 days.
B.
For a subsequent offense, be sentenced to pay a fine of not less
than $100 nor more than $300 and costs of prosecution and, in default
of the payment of the fines or costs, shall be imprisoned for not
more than 30 days.
The provisions of this article shall be severable, and if any
provision or phrase shall be held unconstitutional or invalid, such
decision shall not affect the validity of any remaining provisions
or phrases hereof, it being the intention of the Township Supervisors
to enact and adopt each section independently or every other section.
This article shall become effective upon the expiration of five
days after the date of adoption.
