LITTLE SWITZERLAND ROAD DISTRICT HEAVY HAULING RESOLUTION AND ORDER 1-2014
(see instructions below form)
Permit Application: The property owner, their contractors or others on behalf of an owner, intending to use vehicles with a GVW exceeding 30,000 lbs. must complete an application approved by the District Commissioners at least 15 calendar days prior to starting a project.
A completed request for a road usage permit must include a deposit, estimated to be 50% of the reasonably anticipated fees for a project. Written notice and the remaining balance must be submitted to the commissioners within five calendar days of a project’s completion. If a project carries from one calendar month to another, then all fees for road use for the previous month must be received by the district no later than the 5th of the next month.
The owner of the property where materials are being delivered and/or removed is responsible for paying fees. Fees are to be paid to a commissioner of the District who will then deposit them into the District’s general fund. Make check payable to LSRD.
If a deposit exceeds actual fees, the property owner will be refunded the difference within five business days after the commission receives written notice of the project’s completion. Refunds will be mailed.
Vehicle Sizes and Fees: All Vehicles with a GVW over 30,000 must obtain a permit from the district. Vehicles with a GVW between 30,000 lbs and 50,000 lbs will be charged a $200 fee for each round trip. Vehicles with a GVW exceeding 50,000 lbs will be charged a $350 fee for each round trip. Round trip is defined as a vehicle traveling over any part of the road only two times, once further from the Hwy 34 intersection, and once closer to the Hwy 34 intersection A vehicle traveling over any part of the road 3 times or more without exiting onto Hwy 34 disqualifies it for a round trip fee. Vehicles with a GVW between 30,000 lbs and 50,000 lbs disqualified for a round trip fee will pay $70/mile with a $200 minimum. Vehicles exceeding a GVW of 50,000 lbs disqualified for a round trip fee will pay $125/mile with a $350 minimum.
Verification Method: For any project where fees could exceed $1,000.00 per day, the property owner must provide, at his/her own expense, an independent method of verifying mileage traveled. The verification method must be included on the application and approved by the commission.
Permit Denial, Revocation: Neither the District nor its commissioners shall be responsible for any damages or delay occasioned by the District’s decision to deny, suspend or revoke a usage permit. Upon a vote of the majority of the District commissioners, a usage permit may be suspended or revoked in order to protect Little Switzerland Road and the District constituents. If a party choses to appeal a permit denial, suspension, and/or revocation he must do so through a professional mediator agreed upon by both the petitioner and the district. Hauling ceases until appeal process is complete. If the petitioner prevails in mediation, then the district is responsible for all mediation costs. If the district prevails, the petitioner is responsible for all mediation costs.
Violations: Should an owner be found in violation of this Resolution, the owner will be mailed a written notice providing a description of the violation. The owner will be allowed thirty (30) days to resolve the violation and will be provided an opportunity for a hearing with the District commissioners. Should the Commission find no extenuating circumstances exist and the ongoing violations remains at the end of thirty (30) days or fourteen (14) days after the hearing, whichever comes last, the unpaid violation will be applied and a lien may be placed on the owner’s property until such time as compliance is obtained. The lien may be foreclosed in accordance with the provisions of the Oregon Revised Statues for lien foreclosures. The lien of the District shall be superior to all other liens and encumbrances except property taxes and assessments, any first mortgage, deed of trust or land sales contract recorded previously to the District’s notice of lien.
Read full Heavy Hauling Resolution on the Lincoln County Oregon website: LSRD HHR 1-2014