Belmont Municipal Code Div. 4 Hauling Earth or Other Construction Materials

The authority granted and the procedure provided by this division is an alternative to any other authority or procedure provided by this article.

(Ord. No. 1010, § 1, 10-25-05)

Notwithstanding any other provision of this article, the director of public works or his designee of the city may issue a permit allowing vehicles to exceed the maximum gross weight limits herein set forth on any street in the city for the purpose of hauling a maximum of five hundred (500) cubic yards per single building site per year, of earthen or other material required to be moved in connection with the construction or alteration of a work of improvement under the following conditions and improvements.

(Ord. No. 1010, § 1, 10-25-05)

Any person desiring to operate any vehicle having a gross weight, including load, to exceed the maximum gross weight limits herein set forth along any restricted street shall file an application in triplicate for a permit to do so with the director of public works or his designee, the original of which shall be verified. The application shall set forth the following information:

(a) A full identification and the residence and business address of the applicant; if the applicant is the agent or employee of any person for whose benefit the permit is requested, this fact with the full identification of such person and business and residence address.

(b) The facts constituting the necessity for operating a vehicle along or upon the restricted streets in excess of the gross weight limits herein set forth.

(c) The dates on which the operation is intended to be commenced and completed and the times of day during which operation is intended to be conducted.

(d) The route which applicant proposes to use over public streets or private property.

(e) The time interval between vehicles and the number of vehicles per hour which will travel over the route for which the permit is applied.

(f) Such further information as the director of public works or his designee may require.

(Ord. No. 1010, § 1, 10-25-05)

Immediately upon the filing of an application for a permit to haul, one (1) copy of such application shall be transmitted to the director of public works and (1) one copy to the chief of police or their designees. The director of public works or his designee shall make or have made an investigation of the facts stated in the application and within fifteen (l5) days from the date of filing such application shall either grant a permit with or without modification, as hereinafter set forth, or deny the same in whole or in part.

(Ord. No. 1010, § 1, 10-25-05)

The application shall be granted by the director of public works or his designee, if he finds as follows:

(a) That the public health, safety or welfare require the operation of vehicles in excess of the weight limits herein set forth and the use of the route applied for or such modification thereof as it may be deemed advisable;

(b) That the hauling over the route specified will not be injurious to the public health, safety or welfare;

(c) That the city will be duly protected from liability for injury to persons and property;

(d) That the city will be indemnified from injury to the public streets and other places by reason of the use thereof for such operation.

(Ord. No. 1010, § 1, 10-25-05)

Applicants for a permit shall, at the time of application, deposit as security for the payment of the fees specified in section 14-89, a sum of money as established in the city's master fee schedule.

(Ord. No. 1010, § 1, 10-25-05)

Upon issuance of' a permit, the permittee shall pay to the city a permit fee established in the city's current master fee schedule for the issuance of the hauling permit. No permit shall be valid until such fee is paid.

(Ord. No. 1010, § 1, 10-25-05)

The director of public works or his designee shall require, as a condition to the granting of any permit hereunder, that the applicant deposit with the city such sum in cash as may be required or a surety bond in the amount to be fixed and in form to be specified by the director of public works or his designee, inuring to the benefit of the city, guaranteeing that applicant will faithfully perform all of the conditions and requirements specified in the permit and will repair to the satisfaction of the city, and reimburse the city for any damage caused to city streets or other city property by the proposed operation of vehicles in excess of weight limits or hauling or transportation of material or equipment. Such bond shall be executed by a surety or sureties approved by the director of public works or his designee as being sufficient in financial responsibility.

(Ord. No. 1010, § 1, 10-25-05)

The director of public works or his designee shall also require as a condition to the granting of any such permit that the applicant deposit with the city a certificate or policy of a responsible insurance company showing that the city, its elective and appointive boards, officers, agents and employees and the public are insured in amounts hereinafter specified against any loss or damage arising directly from the operation of the applicant or any person acting in his behalf in carrying on any operation connected directly or indirectly with the hauling for which such permit is issued. Such policies of insurance shall be as follows:

(a) Public liability insurance. In an amount not less than one million dollars ($1,000,000.00) for injuries, including but not limited to accidental death to any one (1) person, and, subject to the same limit for each person in an amount of not less than one million dollars ($1,000,000.00) on account of one (1) occurrence.

(b) Property damage insurance. In an amount of not less than one hundred thousand dollars ($100,000.00).

(Ord. No. 1010, § 1, 10-25-05)

With the approval of the director of public works or his designee, the applicant may deposit the aforesaid surety bonds and policies of insurance on an annual or continuing basis to cover one (1) or more permits for hauling in the same or different locations.

(Ord. No. 1010, § 1, 10-25-05)

The director of public works or his designee shall establish the route or routes over restricted streets which all vehicles subject to the permit shall travel, and such vehicles shall travel only directly over such route or routes as may be directed by the director of public works or his designee to be least dangerous to public safety and which shall cause the least interference with general traffic and the least damage to public streets.

(Ord. No. 1010, § 1, 10-25-05)

In granting the permit, the director of public works or his designee shall also specify the following:

(a) The gross weight limit of each truck or vehicle which shall be authorized to haul under the permit.

(b) The number of trucks per hour which shall be permitted to travel over the route specified.

(c) Such other terms and conditions as may be required to properly administer the exercise and use of the permit.

(d) The applicant is required to notify public works department and police department forty-eight (48) hours prior the commencement of hauling.

(e) In addition to the above, if earthen materials are to be hauled, the following requirements shall be part of every permit:

• Trucks shall be loaded in such a manner that there shall be no spillage;

• That there shall be sprinkling of all loads for dust control, when necessary;

• That the city streets shall be kept clean of spillage and wheel dirt;

• That two-way routes shall be specified in the permit;

• That the permitted speed of the trucks shall be specified;

• That crossing guards shall be provided at the expense of the applicant when necessary, in the opinion of the chief of police.

(f) If more than fifty (50) yards of material will be hauled, then the permit applicant shall be required to notify all property owners within a three hundred (300) foot radius of the date and time that the hauling will take place.

(Ord. No. 1010, § 1, 10-25-05)

Any permit granted hereunder may be revoked or suspended by the director of public works or the chief of police or their designees for failure to comply with any of the terms of this division or the terms of such permit, by mailing notice in writing to the permittee at the address shown in the application or by personal service of such written notification upon permittee. The revocation or suspension shall be effective upon service of the same. In the event of revocation or suspension of a permit, the permittee may appeal to the city council by filing written notice of appeal within five (5) days of the service of the notice of revocation or suspension. If, as the result of an appeal hearing the city council reinstates the permit, it may impose such conditions as required for the protection of the health, safety and general welfare of the public.

(Ord. No. 1010, § 1, 10-25-05)

In the event that any hauling for which a permit has been granted hereunder is not commenced within ten (10) business days after the date of issuance of such permit, or in the event that such hauling is at any time abandoned for a period of five (5) consecutive business days, or not completed within the number of days allowed for hauling in excess of weight limits as specified in the hauling permit and/or grading permit, such permit shall automatically expire without notice and no further operation of vehicles in excess of such limits shall be made; however, the conditions expressed in such permit shall remain binding upon the person to whom such permit was issued; and all legal and equitable remedies shall be available against him for any breach thereof. In such events herein set forth an application for a supplemental permit to continue the operation of vehicles in excess of such weight limit may be filed setting forth all the information required for the original application and not contained therein. No further filing fee shall be required, but if such supplemental permit is issued, the applicant shall pay the fee prescribed in section 14-89. The director of public works or his designee may dispense with any further investigation if in his opinion the information furnished by the original investigation is sufficient to enable him to determine whether the supplemental permit should be issued and upon what conditions, if any.

(Ord. No. 1010, § 1, 10-25-05)

Nothing in this division or in any permit granted hereunder shall be deemed to authorize the doing or omission of any act contrary to any term, or provision of this division or any other ordinance or license of this city or without any license or permit otherwise required by such term, provision, ordinance or license.

(Ord. No. 1010, § 1, 10-25-05)