Every person, company, association or corporation who or which intends or undertakes to build or construct, excavate, grade, ditch or transport on Marshall Township roads building materials, equipment, ground, stones or rocks to or from a job site within or outside Marshall Township, wherein the combined weight of the vehicle and load to be used for such purpose exceeds 12,000 pounds, shall be required to post a bond with the Township in the amount of $1,000 per $50,000 cost of construction or any fraction thereof, including no cost whatsoever. The total cost of construction shall be estimated prior to the start of the project. Such bond may be in the form of cash deposited with the Township Secretary or a surety bond written by an insurance company approved by the courts of this district for such purpose.
[Adopted 10-5-1977 by Ord. No. 121]
Marshall Township shall be the obligee of the bond and the condition of said bond is that the principal shall not cause any damage to the roads and highways used by it in performance of any of the activities set forth in Section 168-9 hereof. The Township Engineer shall note the condition of the road and highways involved prior to work at the site and shall do the same at the conclusion of the project.
If it is determined after an inspection by the Township Engineer of any alleged damage that such damage does in fact exist and that it was caused by the weight of the combined vehicle and load in excess of 12,000 pounds, then the principal of the bond shall correct such damage to the satisfaction of the Township Engineer; otherwise, the Township may correct such damage and use the proceeds of the bond to do so and, where a surety bond has been provided, call upon the surety to correct such damage or pay to the Township such amount necessary to correct the damage within the limits of the bond.
[Amended 10-5-1994 by Ord. No. 263]
It shall be the duty of the Zoning Officer to make known to the person, company, association or corporation applying for the zoning permit the contents and requirements of this Article and if after notice the provisions of this Article are violated, such person, company, association or corporation upon conviction shall be guilty of a summary offense and shall pay a penalty not to exceed $600, plus the costs of prosecution and, in default of payment of such fine and costs, to imprisonment for a period not exceeding 30 days, for each and every day the violation continues.
The person, company, association or corporation applying for the Zoning Permit shall be the responsible party for compliance with this Article.