[Adopted 8-22-2023 by Ord. No. 23-11]
The Fiscal Court deems it necessary to protect the County road system and ensure the County's infrastructure remains in good, operable condition for its citizens. The Fiscal Court also recognizes the benefit to persons and businesses for operational and economic development purposes to provide for and regulate the limited usage of County roads in otherwise overweight vehicles for a specific stated purpose and for a specified length of time. As such, the Fiscal Court enacts this article to implement a mechanism to allow an excess weight permit to be issued by the Henderson County Engineer and require the financial safeguards necessary to ensure the designated County roads being utilized under an excess weight permit are timely repaired and ultimately restored to their condition as they existed at the time the permit was issued.
For the purpose of this article, the following definitions shall apply:
DESIGNATED COUNTY ROAD
Specifically described portions of roads or bridges within the Henderson County road system for which an excess weight permit has been issued allowing the applicant to operate vehicles weighing in excess of the posted limit over said road.
INDIVIDUAL
A person, partnership, corporation or authorized agent of a person, partnership or corporation.
A. 
The Henderson County Engineer shall create, maintain and update as necessary or required a form entitled "Application for Excess Weight Permit (HCE-01)," which shall include a form to secure a surety bond (HCE-02). The Henderson County Engineer shall cause the current version of the Application for Excess Weight Permit (HCE-01) and surety bond (HCE-02) to be available upon request by any individual and, additionally, available in electronic format on the County's website.
B. 
The Henderson County Engineer shall review any excess weight permit filed by an applicant and shall make reasonable efforts to issue or deny said application within seven business days.
C. 
The Henderson County Engineer shall have exclusive authority to issue an excess weight permit and shall issue an excess weight permit only after examination of the Application for Excess Weight Permit (HCE-01) and determination that the applicant has complied with all the requirements set forth in the application and this article.
D. 
The Henderson County Engineer shall, as necessary, determine road damage to designated County roads and shall notify the individual(s) having an excess weight permit for that portion of a designated County road so damaged to cause repairs to be made within 24 hours after receiving said notice. If said damaged portion of a designated County road is not repaired within the time period allowed, then the Henderson County Engineer shall cause the damaged portion of the designated County road to be repaired by either of the following methods:
(1) 
The Henderson County Engineer may direct the Henderson County Road Department to make the necessary repairs; or
(2) 
The Henderson County Engineer may contract with a third party to complete the necessary repairs, if the Henderson County Engineer believes, in his or her sole discretion, the County lacks the requisite personnel or resources to complete the necessary repairs in a timely manner.
E. 
If the repair work is done at the direction of the Henderson County Engineer, the Engineer shall determine the costs incurred and shall forward a statement of costs to the Henderson County Treasurer.
F. 
The Henderson County Engineer, at any time during the effective period of an excess weight permit, may require the individual to whom said permit has been issued to pay additional sums of money to the Henderson County Treasurer to maintain the damage deposit in the amount set out in the application. If the individual fails to timely submit the additional sum of money to the Henderson County Treasurer, the Henderson County Engineer may revoke the individual's excess weight permit.
G. 
The Henderson County Engineer shall maintain records for each excess weight permit issued, including, at a minimum, a copy of the permit; the surety bond; proof of payment of the damage deposit; and documentation regarding the assessment of costs against the damage deposit and/or surety for road repair, if applicable.
An individual seeking an excess weight permit shall comply with the following:
A. 
Completes and files with the Henderson County Engineer an Application for Excess Weight Permit (HCE-01); and
B. 
Delivers to the Henderson County Engineer a certified check for the requisite amount required for a damage deposit, which shall be the sum of the following:
(1) 
An amount totaling $50,000 per mile or fraction of a mile multiplied by the number of miles of blacktop designated County roads set forth in the application; and
(2) 
An amount totaling $30,000 per mile or fraction of a mile multiplied by the number of miles of rock designated County roads set forth in the application; and
C. 
Delivers to the Henderson County Engineer a properly executed surety bond (HCE-02), which shall be the sum of the following:
(1) 
A sum totaling $100,000 per mile or fraction of a mile multiplied by the number of miles of blacktop designated County roads set forth in the application; and
(2) 
A sum totaling $60,000 per mile or fraction of a mile multiplied by the number of miles of rock designated County roads set forth in the application.
A. 
An individual who has been issued an excess weight permit is authorized to operate vehicles having a total gross weight not to exceed the amount set forth by the Henderson County Engineer in the excess weight permit and on the designated County road(s) set forth in the excess weight permit for as long as the excess weight permit is valid.
B. 
An individual who is issued an excess weight permit and is operating in compliance with the terms, conditions and limits set forth in said permit is hereby exempted from the gross weight limits imposed by Henderson County Code of Ordinances § 230-1.
C. 
An excess weight permit shall be valid for no longer than a period of one year from the date of issue and shall not be automatically extended. Any individual may reapply for a new excess weight permit but shall not be permitted to reapply more than 30 days before the expiration of the current excess weight permit.
D. 
If an individual who has a valid excess weight permit operates a vehicle weighing in excess of the amount authorized by the excess weight permit or operates a vehicle weighing in excess of the posted weight on nondesignated County roads, the Henderson County Engineer may revoke the excess weight permit and may pursue any other remedy available. If said permit is revoked, then any unused portion of the damage deposit shall be forfeited and become property of the County. A conviction for an excess weight violation shall be prima facie evidence of violating this section.
E. 
An individual who has been issued an excess weight permit or an employee of said individual that observes or causes damage to the designated County road shall notify the Henderson County Engineer immediately of any damage to any designated County roads.
F. 
In the event more than one individual files an application to use the same portions of designated County roads, then the individuals share pro rata funding of the damage deposit and surety bond for that portion of designated County roads.
A. 
The damage deposit shall be subject to assessment of costs for road repair. The Henderson County Treasurer, upon receipt of the statement of costs from the Henderson County Engineer, shall deduct the amount of costs from the damage deposit for that portion of designated County road on which the road repair was done. In the event the costs exceed the damage deposit, the surety bond shall be subject to any excess costs to the full amount of the bond.
B. 
The surety bond shall have up to a $50,000 per mile deductibility for blacktop designated County roads and $30,000 per mile deductibility for rock designated County roads so that the total of the remaining damage deposit and surety bond does not exceed $130,000 per mile for blacktop designated County roads and $60,000 per mile for rock designated County roads.
C. 
The damage deposit shall be forfeited on a pro rata basis with deposits by other parties, with the payments to the County to be changed equally to each party making a damage deposit covering the portion of the road required to be repaired. If any party whose damage deposit is forfeited is of the opinion that damage to the road was caused by some other party, his sole remedy for recovery of his damage deposit shall be against the other party or parties, and he shall be deemed subrogated to the rights of the County for purposes of asserting said remedy. Any party who is of the opinion that the damage to the road was caused by acts of God may recover its damage deposit from the County upon presenting proof sufficient to overcome the presumption of this article.
In addition to the duties set forth in § 230-24A, the Henderson County Treasurer shall:
A. 
Accept and maintain the initial damage deposit received by the Henderson County Engineer upon the approval of an excess weight permit pursuant to the provisions of this article and accept and maintain any subsequent deposits made by the individual issued an excess weight permit or the Henderson County Engineer to replenish the available damage deposit after any assessments for road repair; and
B. 
Return any remaining damage deposit held pursuant to the excess weight permit after the expiration of the excess weight permit but shall only do so upon the direction of the Henderson County Engineer after completion of a post-permit inspection and payment of all statements of costs for road repair to designated County road(s) included in the excess weight permit.
The provisions of this article shall become effective immediately upon passage and advertisement according to law.