[HISTORY: Adopted by the Board of Supervisors
of the Township of Mahoning 3-9-2020 by Ord. No. 2020-03. Amendments noted
where applicable.]
This chapter shall be known as the "Motor Vehicle Weight Limitation
and Bonding Ordinance of Mahoning Township."
This chapter is enacted pursuant to the authority conferred
by the Vehicle Code, Act of 1976, June 17, 1962, No. 8, 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
under the Vehicle Code, by way of illustration and not limitation,
under §§ 4902(1) and 6103 (75 Pa.C.S.A. § 4902(f)
and 6103).
The following words when used in this chapter 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).
Maintenance or restoration or both (but not betterment) of
a posted roadway in excess of normal maintenance, caused by use of
over-posted-weight vehicles.
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 roadway or in a location which can be reached only via a posted
roadway, and vehicles and combinations going to or coming from a residence
or farm located on a posted roadway or which can be reached only via
a posted roadway.
Any vehicle or combination as defined and/or governed by
the Vehicle Code, 75 Pa.C.S.A., § 101 et seq., as amended.
The usual and typical activities necessary to maintain the
roadway, shoulders and drainage facilities in the state of repair
existing at the date of the inspection prescribed in § 189.4(f)(1)
(relating to use under permit).
A vehicle or combination having a gross weight in excess
of a posted weight limit.
A roadway within the Township having a posted weight limit.
A restricted weight limit posted on a highway under authority
of 75 Pa.C.S.A. § 4902.
A motor vehicle designated for carrying more than 10 passengers,
exclusive of the driver, and used for the transportation of school
children.
The Board of Supervisors has determined and hereby determines
based upon weight and size restrictions based on highway conditions
and studies and otherwise that the following roads be damaged or destroyed
unless the permissible weight of motor vehicles is restricted to the
weight limits listed. A complete list of the roads, identified by
their route number, road name, part of the road restricted and weight
limit, is attached hereto as Exhibit "A" and is made a part hereof.
A.Â
Pursuant to the findings under § 236-4, supra, and by authority of § 4902 of the Vehicle Code and regulations promulgated thereunder, no motor vehicle or combination shall be operated upon any of the roads listed in § 236-4 with gross weight in excess of the weight limits listed for said road in § 236-4.
B.Â
Local traffic as defined herein may 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 § 236-6 hereof. Pa.C.S.A. Title 75, § 4902(a) states "School buses, emergency vehicles and vehicles making local deliveries or pickups may be exempted from restriction on the use of highways imposed under this subsection."
A.Â
Individuals or entities wishing to operate vehicles in excess of
established weight limits on restricted-weight Township roads may
apply for a permit to do so on a form provided by the Township. Said
permit application will be referred to the Street and Infrastructure
Department of Mahoning Township, or other designated decision-maker
by the Board of Supervisors, who shall:
(1)Â
Place the issue on the agenda for a meeting of the Board of Supervisors;
and
(2)Â
Consult with the third-party consultant as necessary to determine
the amount of security/bond to be posted by the applicant. The amount
of security shall be calculated in accordance with Title 67, Chapter
189, of the Pennsylvania Code or its equivalent; and
(3)Â
Present a recommendation to the Supervisors to include the amount
of security to be posted by the applicant if the permit is approved.
B.Â
No permit will be issued until the application is approved by the
Board of Supervisors at a scheduled public meeting and, if required,
security has been posted with the Township Secretary. The Board of
Supervisors may, by resolution, delegate the authority to approve
permits and set security to the Street and Infrastructure Department
of Mahoning Township or other official of the Township.
C.Â
All actions taken under the 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 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 chapter. 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 motor vehicle or combination upon a road or bridge in violation of a prohibition or restriction imposed under § 236-4 shall, upon conviction by a Magisterial District Justice, pay a fine consistent with the applicable section of the Pennsylvania Motor Vehicle Code in effect at the time of the violation.
See the current applicable section of Title 75 at § 4902(g).
The provisions of this chapter are severable. If any sentence,
clause, or section of this chapter is for any reason found to be unconstitutional,
illegal, or invalid, such unconstitutionality, illegality, or invalidity
shall not affect or impair any of the remaining provisions, sentences,
clauses, or sections of this chapter. It is hereby declared to be
the intent of the Board of Supervisors of Mahoning Township that this
chapter would have been adopted had such unconstitutional, illegal,
or invalid sentence, clause or section not been included herein.
All ordinances or parts of ordinances inconsistent with this
chapter are hereby repealed insofar as they may be inconsistent herewith.
