§ 165-1Short title.
§ 165-3Statement of findings.
§ 165-5Motor vehicle weight limits established.
§ 165-7Erection of signs.
§ 165-9Violations and penalties.
This chapter shall be known and may be cited as the "Daugherty Township Motor Vehicle Gross Weight Limit Ordinance."
This chapter is enacted pursuant to the authority conferred by the Vehicle Code, Act of 1976, June 17, P.L. 162, No. 81, Section 1, effective July 1, 1977 (75 Pa.C.S.A. § 101 et seq.), as amended, and is intended to include and be subject to all provisions of Section 4902 of the Vehicle Code, 75 Pa.C.S.A. § 4902, and all Pennsylvania Department of Transportation regulations promulgated or to be promulgated under the Vehicle Code, by way of illustration and not limitation, Sections 4902 and 6103 (75 Pa.C.S.A. §§ 4902(f) and 6103).
At their regular meeting on September 10, 2008, the Board of Supervisors of Daugherty Township authorized Township Engineer Daniel C. Baker Associates to evaluate and establish a weight limit restriction for 21 Township roads located in Daugherty Township. The 2008 Engineering and Traffic Study attached hereto as Appendix A
The Board of Supervisors has determined and hereby determines, based upon the findings of the 2008 Engineering and Traffic Study conducted by Township Engineer Daniel C. Baker Associates Incorporated, that the roads included in the study meet the criteria, as defined in Title 75 Motor Vehicle Code Section 4902, to prohibit the operation of vehicles and impose restrictions as to the weight or size of vehicles operated upon a highway. The following findings provide justification to prohibit the operation of vehicles and impose gross weight limit restrictions:
Overweight vehicles have exceeded the strength of the existing Daugherty Township roads. These roads that have withstood the pounding of ordinary loads no longer appear to be adequate to meet the present-day conditions. Widespread failure is demonstrative of the fact the roads cannot carry unlimited loading. Weight restrictions are necessary in order to protect the infrastructure from premature deterioration due to repeated loading of overweight trucks and climatic conditions.
Geometric review has found that some Township roads have inadequate turning movements for large-size vehicles. The dimension and minimum turning path of a vehicle affects the turning movement and width of the traveled way in the intersection areas. Conflicts occur between vehicles when traffic is either diverging, weaving or crossing into opposing traffic lanes due to inadequate turning movements.
Pavement analysis indicated that all roads inspected under the traffic study do not meet the current minimum depths of pavement course established in the Daugherty Township Subdivision and Land Development Ordinance No. 89.
The following roads may be damaged or destroyed unless the permissible weight of motor vehicles is restricted to a weight limit of 7 1/2 tons between those intersections listed and for the distance set forth:
Fourth Street (T-321), from intersection with SR 65 westward for a distance of 1,243 feet to its terminus.
Main Avenue (T-845), from intersection with SR 65 eastward for a distance of 2,850 feet to its terminus.
Florence Road (T-434), from intersection with Main Avenue to Ridgevue Road 2,370 feet.
McGuire Street (T-829), from intersection with Stuber Road to Stuber Road 2,222 feet.
Stuber Road (T-542), from intersection with SR 65 to North Sewickley Township Line 7,200 feet.
Nelson Avenue (T-847), from intersection with Stuber Road to Shanor Drive 1,467 feet.
Hilton Drive (T-846), from intersection with SR 65 to Klein Road 1,281 feet.
Klein Road (T-825), from intersection with Wises Grove Road to Hilton Drive 2,750 feet.
Franklin Road (T-850), from intersection with SR 65 to Scott Street 1,158 feet.
Silver Spring Road (T-585), from intersection with Blockhouse Run Road to Dogwood Drive 5,221 feet.
Frishkorn Road (T-571), from intersection with Block Run Road to its terminus 3,354 feet.
Drushel Road (T-563), from intersection with Tulip Drive to New Sewickley Township Line 3,178 feet.
Helbling Road (T-567), from intersection with Tulip Drive to New Sewickley Township Line 2,805 feet.
Hogue Drive (T-839), from East End of Hogue Drive to West End of Hogue Drive 519 feet.
Inman Drive (T-831), from intersection with SR 68 to Hogue Drive 1,710 feet.
John Street (T-818), from intersection with Marion Hill Road to its terminus 1,302 feet.
The following roads may be damaged or destroyed unless the permissible weight of motor vehicles is restricted to a weight limit of 10 tons between those intersections listed and for the distance set forth:
Goehring Road (T-849), from intersection with Harmony Road to Tulip Drive 3,492 feet.
Allendale Road (T-553), from intersection with Pittsburgh Road to Rochester Township Line 6,474 feet.
Londonderry Drive (T-859), from intersection with Marion Hill Road to Drum Cliff Drive 2,478 feet.
Drum Cliff Drive (T-860), from intersection with Londonderry Drive to Hillcrest Drive 645 feet.
Hillcrest Drive, from intersection with Marion Hill Road to its terminus 1,469 feet.
The following words, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
- BOARD OF SUPERVISORS
- The Board of Supervisors of Daugherty Township, Beaver County, Pennsylvania.
- EMERGENCY VEHICLE
- A fire department vehicle, police vehicle, ambulance, blood delivery vehicle, armed forces emergency vehicle, one private vehicle of a fire or police chief or assistant chief, or ambulance corps commander or assistant commander, or of a river rescue commander used for answering emergency calls, or other vehicle designated by the state police under Section 6106 of the Vehicle Code (relating to designation of emergency vehicles by Pennsylvania State Police).
- LOCAL TRAFFIC
- Emergency vehicles and school buses, defined hereinafter, vehicles and combinations or governmental entities and utilities where their contractors are engaged in construction or maintenance on a posted highway or in a location which can be reached only via a posted highway, and vehicles and combinations going to or coming from a residence or farm located on a posted highway or which can be reached only via a posted highway.
- MOTOR VEHICLE
- Any vehicle or combination, as defined and/or governed by the Vehicle Code, 75 Pa.C.S.A. § 102 et seq., as amended.
- An individual, partnership, public or private association or corporation, or a governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
- A strip of land acquired by reservation, dedication, forced dedication, prescription, condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary, or storm sewer and other similar uses; generally, the right of one to pass over the property of another.
- SCHOOL BUS
- A motor vehicle designated for carrying more than 10 passengers, exclusive of the driver, and used for the transportation of schoolchildren.
- Daugherty Township, a second class township located in Beaver County, Pennsylvania.
- TOWNSHIP MANAGER
- The Manager of Daugherty Township.
- TOWNSHIP ROAD
- An alley, avenue, boulevard, highway, freeway, parkway, lane, street, viaduct and any other ways used by vehicular traffic, but not including driveways, private roads, parking areas, sidewalks or walkways, which is accepted for dedication by the Board of Supervisors and maintained by Daugherty Township. "Township road" includes the entire right-of-way.
Pursuant to the findings under § 165-3, and by the authority of Section 4902 of the Vehicle Code and regulations promulgated thereunder, no motor vehicle or combination shall be operated upon any of the Township roads listed in § 165-3 with gross weight in excess of the weight limits listed for said road in § 165-3.
Local traffic, as defined herein, shall be exempted from the restrictions imposed under Subsection A above. However, if the Township Manager or a representative of the Township determines that any local traffic is likely to damage the road, the Township Manager or a representative of the Township will so notify the registrants of the motor vehicle or combination and will also notify the New Brighton Area Police Department. After two business days following delivery of the notice or after five days following mailing of the notice, such local traffic vehicles shall not exceed the weight limits except in accordance with § 165-6 hereof.
Permitting shall be in accordance with the provisions of the Pennsylvania Code, Title 67, Chapter 189, Hauling in Excess of Posted Weight Limits, and Chapter 179, Oversize and Overweight Loads and Vehicles.
The Township shall erect or cause to be erected and maintained restriction signs designating the restrictions at the end of the portion of road restricted as provided in § 165-3 of this chapter. In the case of a restriction on a Township road which has not begun or ended at an intersection with an unrestricted highway, the Township shall also place an advance informational sign at the intersection nearest each end of the restricted portion of the road which would allow drivers to avoid the restricted portion of road.
The New Brighton Area Police Department, pursuant to any and all legislative authority, has been and is being hereby confirmed as having full and regulatory powers to enforce all provisions of the Vehicle Code, according to and as permitted by the terms and provisions of the said Vehicle Code and any and all related legislation and to prosecute according to law any violators thereof. The Township Manager and/or his/her designee shall be the enforcement officer for the issuance of all permits and to prosecute according to law any violators thereof.
Penalties for violation of any provisions of this chapter shall be in accordance with the provisions of Sections 4902, 4907 and 6506 of the Pennsylvania Motor Vehicle Code (75 Pa.C.S.A. §§ 4902, 4907 and 6506), as well as the Pennsylvania Code, Title 67, Transportation, Chapter 179, Oversize and Overweight Loads and Vehicles.