ROAD BONDING PROCEDURE
Enter into an Excess Maintenance Agreement. There are three types of agreements, all of which include a permit to exceed the posted weight limit restriction.
Type 1 Agreement: This type is used when the hauler requires the use of a posted road and the posting authority anticipates that a lot of damage will occur. In this case the hauler (or user) has control over the heavy hauling vehicles traveling the road (e.g., coal mining or stripping operations or landfills). The user must issue each vehicle traveling the road a copy of the permit issued by the authority.
Type 2 Agreement: This agreement type is the same as Type 1 except that the user has no control over the heavy hauling vehicles (i.e., other companies are involved in hauling the user’s raw materials or final product). In this case the user must post the permit in the office window at the pick-up and delivery location. This posting must be visible to the enforcement agency.
Type 3 Agreement: This agreement type covers all posted roads in the municipality. It is employed when the use of the posted road is short-term and the posting authority would anticipate minimal damages by the hauler (e.g., some logging operations or well drilling operations).
For each type of agreement, regulations must specify the amount of security that the posting authority is legally allowed to require. The user shall then provide the security and will be bonded by it. Security amounts are subject to change.
A preliminary inspection will be completed. To determine the user’s responsibility once hauling starts, a preliminary inspection of the posted road is necessary. The preliminary inspection will note all damages at all locations to establish existing conditions prior to the agreement being executed. The municipality and user shall both be represented at the inspection and a report form shall be completed. The user shall receive a copy of the report and the report will be attached to and become part of the agreement. The costs of the inspections shall be paid by the user or permitee.
The final agreement is executed and the appropriate permit(s) are issued to the user. The user is required to supply the information necessary to complete a permit for each vehicle that will be used in the hauling operation.
After execution of the agreement the municipality will monitor the condition of the posted road and will notify the user of necessary repairs. The damages shall be repaired as noted in the agreement and bill the user.
Monitoring the road condition will necessitate inspections being performed on a routine basis.
The regulations state that re-inspections will be made:
Upon issuance of any new permit
From time to time as the posting authority determines repairs may be required.
Upon termination of any permit.
A final inspection shall be completed after the user has notified the municipality that hauling as been completed and no longer required the use of the posted road.
Form of Security:
The security may be in the form of a performance bond with surety by a company authorized to do business in the Commonwealth; or in the form of a certified or cashier’s check.
Road Bonding Fees:
Type 1 and 2 permits which bond a particular road will be as follows:
$6,000 per linear mile for unpaved highways to be maintained at a level consistent with the type of highway.
$12,500 per linear mile for paved highways to be maintained at a level consistent with the type of highway.
$50,000 per linear mile for any highway which is maintained below a level consistent with the type of highway.
Each permit will be issued at the fee of $15.00 each. Permit(s) shall be issued for each vehicle that will travel over designated highway. The permit must be carried in the vehicle.
Preliminary/Final Inspections and Inspection Fees:
The user shall be notified of the inspection and should participate in the inspection. The user shall receive a copy of the inspection report. The following are the charges for the preliminary and the final inspection.
$40.00 for the first mile (of portion thereof)
$25.00 for each additional mile
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