[Adopted 4-12-2010 by Ord. No. 2010-2]
This article shall be known as the "Motor Vehicle Weight Limitation
Ordinance of Union Township."
This article is enacted pursuant to the authority conferred
by the Vehicle Code, Act of 1976, June 17, P.L. 1962, No. 81, § 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 § 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, under 75 Pa.C.S.A. §§ 4902(f) and
6103.
The following words, when used in this article, shall have the
following meanings, unless the context clearly indicates otherwise:
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
§ 6106 of the Vehicle Code (relating to designation of emergency
vehicles by Pennsylvania State Police).[1]
Emergency vehicles and school buses, defined herein; 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.
Any vehicle or combination, as defined and/or governed by
the Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended.
A motor vehicle designated for carrying more than 10 passengers,
exclusive of the driver, and used for the transportation of schoolchildren.
[1]
Editor's Note: See 75 Pa.C.S.A. § 6106.
The Board of Supervisors has determined and hereby determines,
based upon applicable engineering studies, that all Township roads
may be damaged or destroyed unless the permissible weight of motor
vehicles is restricted to no greater than 10 tons' weight limits listed.
A.
Pursuant to the findings under § 265-14 and by authority of § 4902 of the Vehicle Code[1] and regulations promulgated thereunder, no motor vehicle
or combination shall be operated upon any Township roads with gross
weight in excess of the weight limits thereof.
[1]
Editor's Note: See 75 Pa.C.S.A. § 4902.
B.
Local traffic, as defined herein, shall be exempted from the restrictions imposed under Subsection A above. However, if the Board of Supervisors determines that any local traffic is likely to damage the road, the Board of Supervisors will so notify the registrants of the motor vehicle or combination and will also notify State Police. 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 § 265-16 hereof.
A.
The Board of Supervisors of Union Township may issue permits for the movement of motor vehicles or combinations with weights in excess of the restrictions imposed under § 265-14 and may require such undertaking or security as it deems necessary to cover the costs of anticipated or probable repairs and restoration necessitated by the permitted movement of vehicles.
B.
Prior to a permit being issued, Applicant shall submit an application
and any other documentation as requested by the Township Code Enforcement
Officer. The application shall be accompanied by the appropriate fee
as set by resolution of the Board of Supervisors.
C.
All actions, including security (i.e., road bond, cash, etc.) taken
under authority of this section, shall be taken in accordance with
the rules and regulations adopted by the Commonwealth of Pennsylvania,
Department of Transportation, as found in Title 67 of the Pennsylvania
Code. The Township will comply with the current regulations in terms
of the bonding for said roads.
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 this article. In the case of a restriction
on a 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.
Any person operating a vehicle or combination upon a highway
or bridge in violation of a prohibition or restriction imposed under
this article is guilty of a summary offense and shall, upon conviction,
be sentenced to pay a fine of $75, except that any person convicted
of operating a vehicle with a gross weight in excess of a posted weight
shall, upon conviction, be sentenced to pay a fine of $150 plus $150
for each 500 pounds, or part thereof, in excess of 3,000 pounds over
the maximum allowable weight.
