ORDINANCE NO. _____

Conemaugh Township, Cambria County

An Ordinance establishing weight limits on Township roads, providing for liability to repair roads, establishing maximum weight limits for vehicular traffic, providing for bonding of roads by overweight vehicles, providing various exceptions for local and public use of roads. Establishing a bond amount and penalties for the violation of the ordinance.

Whereas, the Township of Conemaugh is a Second Class Township located in Cambria County, Pennsylvania and authorized to construct, open, and maintain roads within its geographical limits, and,

Whereas, the Township of Conemaugh does maintain roads within the township for the use and convenience of the residents, businesses and property owners in the township, and,

Whereas, the Township of Conemaugh is of a largely agricultural character and of a large geographic extent, and,

Whereas, the roads of the township are for the most part constructed with a limited base, and are unable to hold up under the loads of heavy vehicles, and,

Whereas, the damage to township roads caused by overweight vehicles creates a real danger of injury to the travelling public and thier property, and require scarce public resources to repair.

Now Therefore be it Ordained and enacted this ___ day of ________, 1994, by official action of the supervisors at a regularily scheduled public meeting and pursuant to advertisement of this ordinance in the Johnstown Tribune Democrat on the ____ day of ______, 1994, and filing with the Law Librarian of the Cambria County Court.

Section 1 Responsible Township Official

The Roadmaster, or Road Superintendent of Conemaugh Township, as appointed by the township supervisors at the annual reorganization meeting (hereinafter reffered to as "Roadmaster"), is hereby authorized to set and post weight limits, issue bonds for overweight vehicles and enter into agreements in lieu of bond as set forth hereinafter and is authorized to take all actions on behalf of the township in connection therewith.

The Township Police shall enforce this ordinance.

Section 2 Setting of Weight Limits

The Roadmaster shall from time to time examine the various roads of the township and determine which roads, if any, require the imposition of a weight limit to preserve and protect the road and to prevent danger to the travelling public.

Upon determination of the need to impose a weight limit, the "Roadmaster" shall contact a reputable professional engineer and obtain a determination from the engineer of the estimated bearing capacity of the road. The bearing capacity of the road shall be defined as the amount of weight above which damage to the surface or base of the road will occur. Costs of the Engineer must be approved by the supervisors at a public meeting prior to incurring these costs.

Upon reciept of a determination by the engineer of the maximun bearing capacity of the road, the Roadmaster shall present the same for inclusion in the township minutes at the next regularily scheduled meeting. The township supervisors may at that time or any time thereafter revoke any individual weight limit.

Section 3 Posting of Weight Limits

When the "Roadmaster" is in reciept of an engineering determination of the maximum bearing capacity of a road, he may immediately thereafter and prior to enforcement shall cause the road to be posted with a sign stating; "Maximum Weight Limit ___ Tons", at all entrances to the road section to be weight limited.

No weight restriction shall be valid unless it has been posted. A log of signs posted by the township shall be kept by the Roadmaster indicating the date of erection, date of any inspection, and type of sign. The log of signage shall be presented in any action for enforcement.

All Township roads not specifically certified shall be posted at a weight of ten tons until such time as an Engineering study can be performed.

Section 4 Effect of Posting

No vehicle shall travel upon a township roadway in excess of a posted weight limit unless permitted under section 6, exempted by section 5 or pursuant to an agreement in lieu of bond as set forth in paragraph 7.

Section 5 Exempt Vehicles

The following vehicles shall be exempt from operation of this ordinance;

a) school buses

b) emergency response vehicles vehicles owned by a volunteer fire company, local or state government

c) garbage collection vehicles licensed by the township in connection with collections in the township.

d) vehicles delivering heating or feul oil to residences and businesses in the township.

e) Overweight deliveries business operated by a resident and property owner in the township and involving no more than two overweight loads per month.

Section 6 Permit for Overweight Vehicles

The Roadmaster may issue permits for the temporary, (90 days) use of a road by an overweight vehicle where the use is;

a) necessary for the economic utilization of an existing property use in the township, or,

b) necessary for the enjoyment of an existing property use in the township.

A permit for use of roads by overweight vehicles shall only be issued upon delivery of a bond in the amounts set forth below;

a) six thousand dollars ($6,000.00) for each mile of unopaved road and

b) twelve thousand five hundred dollars ($12,500.00) for each mile of paved road.

A bond may be in the following forms,

a) cash, or,

b) a certified, irrevocable letter of credit from a bank located in Cambria County with a duration of at least 180 days, or,

c) a surety bond from a surety authorized to do business in the Commonwealth.

Upon conclusion of the use or expiration of the permit, which ever occurs first, the Roadmaster shall examine the road and provide a list of repairs neccessary, the list shall be deleivered to the permit holder. If the permit holder has not completed repairs or made arrangements for the repair through a pre-paid contract within two weeks of the date of delivery of the list of repairs to the permit holder, the township shall cause the repairs to be made and charge the costs of the repair to the bond.

Section 7 Agreement in lieu of Road Bond

The Roadmaster may in the following circumstances issue a special permit with agreement in lieu of bond for a period of time not exceeding 180 days;

a) The applicant is a resident and property owner in the Township, and

the applicant is the applicant is utilizing his (or her) own vehicles for an ongoing agricultural, silvicultural, or commercial operation in the township, or,

b) The applicant is a resident and property owner in the township and uses no more than four overweight loads per week.

c) The applicant is the owner of a residential property and needs less than ten overweight loads for the delivery of building materials to the site in the township.

The holder of an agreement in lieu of road bond shall ber responsible to notify, in writing, the roadmaster upon the conclusion of the use, and at that time provide a written list of the dates and weights of the overweight loads.

The Roadmaster shall cause any repairs necessitated by the use to repaired by Township maintenance crews and keep a ist of time, equipment and materials used in the repair which shall be submitted to the applicant for payment.

Any unpaid costs for repair may after compliance with procedures set forth in the Municipal Claim and Tax Lien Law (53 P.S. 7101 through 7453) be assessed as a municipal lien.

Section 8 Fees and Renewal of Permits and Agreements

Fee for a permit or agreement shall be in the amount $25.00. Permits and agreements issued hereunder shall not be renewed, but an applicant may obtain a second permit following examination of the roadway and arrangements for repairs. If a permit expires during the winter months when the ground is frozen or is covered with snow, the roadmaster may defer inspection until such time as the the ground has thawed and the road is susceptible to inspection.

Section 9 Liability for Excess Maintenance

All vehicles in excess of the gross weight permitted for the road shall be responsible for any damge to the road occuring during the time in which the use is made or becoming apparent within 180 days of the termination of the use.

Use of a posted Township road by an overweight vehicle, with or without permit or agreement in lieu of a Road Bond shall be deemed to be an implied agreement to pay all costs of restoring the road to its original condition.

Section 10 Temporary Suspension of Permits or Agreements

The roadmaster may during inclement conditions which render the road more vulnerable to damage temporarily suspend or limit the permits or agreements previously entered.

Section 11 Penalties

Any vehicle travelling on a township road in excess of the posted weight shall be guilty of a violation of this ordinance and upon conviction thereof shall be sentenced to pay a fine of up to $500.00 per occurrence together with the costs of prosecution, court costs and the costs of restoring the road to its original condition

Adopted on the date set forth above by the Conemaugh Township Supervisors,

By;

__________________________

Supervisor

Attest: __________________________ __________________________

Secretary Supervisor

__________________________

Supervisor.