[Adopted 7-13-1976 by Ord. No. 2-1976]
A.
South Strabane
Township does hereby prohibit the operation of vehicles upon any public
highway in South Strabane Township when it has been determined, under
the provisions hereof, that the said public highway may be seriously
damaged or destroyed unless the use of such vehicles thereon be prohibited.
The vehicles which may be prohibited include automobiles, trucks,
trailers, tractors, farm tractors, agricultural machinery, and motorcycles.
B.
South Strabane
Township does hereby prohibit the operation of vehicles upon any public
highway in South Strabane Township when it has been determined, under
the provisions hereof, that the safety of traffic thereon requires
it, as determined in the manner hereinafter stated.
C.
South Strabane
Township does hereby prohibit the operation of any vehicle, including
tractors, farm tractors, agricultural machinery, trailers, or semitrailers,
in excess of such weight as shall be determined, under the provisions
hereof, to be the limit of the weight which may, without damaging
the highway, be operated on a public highway in danger of being seriously
damaged or destroyed as a result of deterioration, rain, snow, or
other climatic conditions, or where the safety of traffic thereon
demands such limitation.
A.
In the
event that any elected official or employee of South Strabane Township
is of the opinion that any public highway in South Strabane Township
is in danger of serious damage or destruction unless use of it be
prohibited or use of it by vehicles exceeding a specified weight be
prohibited or is of the opinion that the safety of traffic on any
public highway demands prohibition of the operation of vehicles thereon
or limitation of the weight of vehicles operated thereon, the said
official or employee shall make that fact known to the Township Manager.
B.
Upon receipt of any request made pursuant to the provisions of Subsection A, the Township Manager shall refer the matter to the Township Engineer, specifying the public highway involved and the opinion of the official or Township employee pertinent thereto.
C.
The Township
Engineer is hereby authorized and directed to make an investigation
of the status and condition of the public highway mentioned in the
reference of the Township Manager to him.
D.
Having
made an appropriate investigation, the Township Engineer shall submit
a report, in writing, to the Board of Township Supervisors, in which
the Township Engineer shall state his opinion as to whether or not
prohibition of any vehicle, or type of vehicle, from use of the said
highway is required or limitation of the weight of any vehicle using
the said public highway is required by reason of the existence of
a possibility of serious damage or destruction of the highway resulting
from deterioration, rain, snow, or other climatic conditions or by
reason of necessity for the safety of traffic thereon and shall, if
in his opinion use of the said public highway by motor vehicles should
be prohibited, or use of the said public highways by motor vehicles
of a certain type should be prohibited, or use of the public highway
by motor vehicles having a weight in excess of a certain limit should
be prohibited, set forth, with precision, what prohibitions or restrictions
on the use of the said public highway should be put into effect or,
if he is of the opinion that no restriction is necessary, shall commit
that opinion to writing. The Township Engineer shall make his written
report no less than 15 days after the matter has been referred to
him by the Township Manager.
E.
Upon receipt
of the written report of the Township Engineer, the Board of Supervisors
of South Strabane Township may, by resolution duly adopted at any
regular or special meeting, without prior or subsequent advertisement,
limit the use of the public highway mentioned in the Township Engineer's
report by all motor vehicles, or by motor vehicles of certain types,
or by motor vehicles weighing in excess of an amount specified in
said resolution.
In the event of the existence of an emergency
situation, the fact of the existence of such an emergency being a
determination within the Township Manager's discretion, the Township
Manager is hereby authorized to prohibit the use of any public highway
by all vehicles, by vehicles of a certain type, or by vehicles with
a weight in excess of a certain limit without prior authorization
from the Board of Township Supervisors or without investigation or
a report by the Township Engineer. The directive of the Township Manager
shall be effective only until the next regular or special meeting
of the Board of Township Supervisors. At the time the Township Manager
issues a directive under emergency conditions pursuant to the authorization
of this section of this article, the Township Manager shall also refer
the matter to the Township Engineer for investigation and report in
the way hereinabove set forth.
When a prohibition of the use of a public highway
or a restriction on the use of a public highway has been established
by resolution of the Board of Township Supervisors as is herein provided
for or by the Township Manager by directive in an emergency situation
as herein provided for, the Township Manager shall forthwith direct
the Superintendent of Township Highways to erect on the public highway
which is affected by the prohibition or restriction signs conforming
to the provisions of the Motor Vehicle Code, 75 Pa.C.S.A. § 101
et seq., and making known to the public the prohibition or restriction
which is in effect.
When the prohibition or restriction established
by reason of the provisions hereof affects a state highway, the Township
Manager shall forthwith do everything which is necessary to do to
secure the consent of the Secretary of the Pennsylvania Department
of Transportation to the prohibition or restriction made in accordance
herewith.
After a prohibition or restriction has been
adopted in accordance herewith, no person shall operate any vehicle
on the public highway affected by the said prohibition or restriction
in violation of the said prohibition or restriction.
A.
Any person,
firm, corporation, or other legal entity who or which believes that
he or it has a special hardship arising from the existence of facts
applicable to him or it and not to the public generally may apply
to the Township Manager for a special exemption. A special hardship
shall exist in cases in which the financial well-being, physical well-being,
or health of the applicant is adversely affected by the prohibition
or restriction established in accordance with this article. The application
shall set forth in full the facts which establish the special hardship
claimed and request a permit allowing an exception from the said prohibition
or restriction.
B.
Upon receipt
of an application for a special hardship permit, the Township Manager
shall refer the application to the Board of Township Supervisors at
its next regular or special meeting. The Board of Township Supervisors
shall take such action on the application as it believes to be proper
by denying the application or by approving the application or by approving
the application with restrictions or by modifying the application
and approving it as modified.
C.
In cases
where an exemption based on special hardship has been granted and
a permit ordered, the person, firm, corporation, or other legal entity
to whom the right for a permit based on special hardship has been
granted shall, prior to the issuance of such permit, file a bond with
the Township Manager conditioned for the repair to the satisfaction
of the Township Engineer of any street damaged by the use of it pursuant
to the permit based on special hardship. The amount of such bond shall
be set by the Township Manager after consultation with the Township
Engineer. The amount of the said bond shall be twice the amount estimated
by the Township Engineer to be the potential of damage to the public
highway affected by the prohibition or restriction established pursuant
to this article. The said bond shall be a surety bond executed by
the applicant and by sureties approved by the Township Manager after
consultation with the Township Solicitor.
D.
After action by the Township Supervisors on an application for a permit based on special hardship and the filing of the bond required by Subsection C, the Township Manager shall issue a permit to the applicant for use of the public highway subject to the applicable prohibition or restriction. The said permit shall set forth in detail the conditions and restrictions imposed by action of the Board of Supervisors.
Any individual, firm, corporation, or other
legal entity who or which violates this article shall, upon conviction
thereof, be subject to a fine of not less than $50 nor more than $100
and, in default of payment thereof, shall undergo imprisonment in
the county jail for a period not exceeding 15 days.
