Traffic control signals shall be installed and operated at the intersection of those streets described in Schedule I (§ 226-41), attached to and made a part of this chapter.
The maximum speed at which vehicles may proceed on or along any streets or highways within the Borough is hereby established at 25 miles per hour, except that the speed limit for vehicles proceeding on or along those streets or parts of streets described in Schedule II (§ 226-42) shall be as indicated in said schedule.
The streets or parts of streets described in Schedule III (§ 226-43), attached to and made a part of this chapter, are hereby designated as one-way streets in the direction indicated.
No person shall make a U-turn on any of the streets or parts of streets described in Schedule IV (§ 226-44), attached to and made a part of this chapter.
No person shall make a turn of the kind designated (left, right, all) at any of the locations described in Schedule V (§ 226-45), attached to and made a part of this chapter.
No person shall make a right turn (or a left turn from a one-way street into another one-way street) when facing a steady red signal at any of the locations described in Schedule VI (§ 226-46), attached to and made a part of this chapter.
The streets or parts of streets described in Schedule VII (§ 226-47), attached to and made a part of this chapter, are hereby designated as through streets. Stop signs shall be installed on the near right side of each street intersecting the through street except where yield signs are provided for in the designations.
The intersections described in Schedule VIII (§ 226-48), attached to and made a part of this chapter, are hereby designated as stop intersections. Stop signs shall be installed as provided therein.
The intersections described in Schedule IX (§ 226-49), attached to and made a part of this chapter, are hereby designated as yield intersections. Yield signs shall be installed as provided therein.
[Amended 3-13-2006 by Ord. No. 1062]
A.
No over-posted-weight vehicle (except local traffic,
as authorized herein) shall be driven on a posted street with a gross
weight in excess of the posted weight limit within the Borough of
Punxsutawney (hereinafter "Borough") unless the Borough has issued
a permit for the vehicle or vehicles in accordance with this section.
B.
Applicable streets. This section shall apply to those streets set forth in § 226-50, Schedule X, of this chapter of the Code of the Borough of Punxsutawney.
C.
Types of permits. Types of permits shall include the
following:
(1)
A Type 1 permit authorizes use of a particular posted
street or portion thereof by an over-posted-weight vehicle. It is
valid only when carried in the over-posted-weight vehicle.
(2)
A Type 2 permit authorizes use of a particular posted
street or portion thereof by any number of vehicles being driven to
or from a common destination. A Type 2 permit will be issued only
upon request of the permittee and if the Borough determines that it
is not feasible to issue a Type 1 permit for each vehicle. An example
would be over-posted-weight vehicles hauling to and from the place
of business of the permittee which are hauling under contract with
customers or suppliers of the permittee.
(3)
A Type 3 permit authorizes use of a number of specified
posted streets or portions thereof by an over-posted-weight vehicle.
A Type 3 permit is issued only if the Borough determines the damage
to the posted streets covered by permit will be minimal because of
the limited number of moves by over-posted-weight vehicles during
a short-term use of the streets as anticipated by the permittee.
D.
Excess maintenance agreement. Issuance of a permit
to exceed a posted weight limit or limits will be conditioned on an
agreement by the permittee to accept financial responsibility for
excess maintenance of the posted street or portion thereof to be used
by the permittee. The agreement may provide for any repair work to
be performed by the Borough or its contractor or by the permittee
or its contractor, except that, in the case of a self-bonded agreement,
the Borough shall require that all work be performed by the permittee
or its contractor.
E.
Security. Except as provided in Subsection H, the permittee shall be required to provide security in favor of the Borough to assure compliance with the excess maintenance agreement.
(1)
Amount of security. The amount of security shall be
as follows:
(a)
Type 1 and 2 permits shall include:
[1]
For unpaved streets to be maintained at a level
consistent with the type of street: $6,000 per linear mile.
[2]
For paved streets to be maintained at a level
consistent with the type of street: $12,500 per linear mile.
[3]
For any street which the Borough allows to be
maintained below a level consistent with the type of street: $50,000
per linear mile.
[4]
Where the Borough Engineer determines that,
because of specially existing circumstances, the amount of security
set forth in the above sections is not adequate, the Borough Engineer,
with the approval of the Borough Solicitor and Borough Council, shall
set an adequate amount of security which may be in excess of the above
scheduled amounts.
(b)
Type 3 permits. The amount of security shall
be $10,000, subject to all other applicable provisions of this section.
(2)
Schedule of bonding amounts. The Borough may from
time to time, but not more often than annually, establish a revised
schedule of bonding amounts based on increased or decreased maintenance
costs. Any revised schedule of bonding amounts shall comply with regulations
promulgated by the Pennsylvania Department of Transportation.
(3)
Form of security. The security may be in the form
of:
(a)
A performance bond with surety by a company
authorized to do business in the commonwealth;
(b)
At the option of permittee, in cash;
(c)
In the form of a certificate of deposit made
joint with the Borough;
(d)
In the form of an irrevocable letter of credit
in favor of the Borough; or
(e)
In some other form of security acceptable to
the Borough.
(4)
Self-bonding. The Borough may authorize self-bonding
if it determines, on the basis of the financial ability of the permittee,
that it is unlikely it will be able to collect a judgment rendered
against the permittee for failure to comply with the excess maintenance
agreement.
(a)
The Borough may require corporate officers and
stockholders and their spouses to execute a self-bond, if the financial
ability of the corporation is insufficient in itself to justify self-bonding.
(b)
The Borough may require the permittee to execute
liens on real or personal property, or both, as a condition for authorizing
self-bonding.
(c)
In order to be considered for self-bonding by
the Borough, the permittee shall file a contractor's financial statement,
(PennDOT Form CS4300, Part 1). The financial statement shall be updated
annually and within 30 days of any request for an update from the
Borough.
(5)
Whenever damage to a permitted street exceeds 75%
or more of the amount of the security, the Borough may require the
street to be maintained or reconstructed within 30 days, unless the
permittee agrees to provide such additional security as the Borough
shall determine.
(6)
Interest. Under no circumstances shall the Borough
pay interest to any permittee on any security provided to the Borough
in accordance with the security requirements of this section.
F.
Multiple permittees. Multiple permittees shall conform
with the following:
(1)
If two or more applicants wish to obtain Type 1 or
Type 2 permits to operate over-posted-weight vehicles on the same
posted street or portion thereof, they may agree between or among
themselves as to their relative responsibility for the cost of excess
maintenance and the Borough will enter into agreements and accept
security on the basis of the agreed shares.
(2)
If multiple applicants for Type 1 or Type 2 permits
cannot agree on their relative responsibility, the Borough will determine
the relative shares of responsibility and will enter into agreements
with and accept security from any applicant agreeing to such determination.
G.
Determination of street condition. Determination of
street condition shall consist of the following:
(1)
Representatives of the Borough and of the permittee
or permittees shall make an on-site inspection of the posted street
immediately before issuance of each permit in order to determine its
condition.
(3)
Before and after using a Type 3 permit on the posted
street specified in the permit, the permittee and the Borough shall
make an on-site inspection to determine the relative condition of
the street or portion thereof before and after the use and to assess
any excess maintenance caused by the permittee.
(4)
All permittees on a posted street or portion thereof
will be notified of all inspections and reinspections on the street
or portion thereof and may participate in the inspections or reinspections.
(5)
The inspection and reinspection costs of the Borough
shall be paid by the permittee. Said inspection and reinspection costs
may be deducted from the security provided by the permittee pursuant
to this section. Reinspection costs shall include any costs or fees
reasonably connected with the reinspection of a posted street, including
engineering or solicitor's fees.
H.
Local traffic.
(1)
The following shall be regarded as local traffic for purposes of Subsection E of this section:
(a)
Emergency vehicles;
(b)
School buses;
(c)
Vehicles and combinations of governmental agencies
and utilities or their contractors engaged in construction or maintenance
on a posted street or in a location which can be reached only via
a posted street; and
(d)
Vehicles and combinations going to or from a
residence or commercial establishment located on a posted street or
which can be reached only via a posted street.
(2)
Over-posted-weight local traffic being driven to or from a particular destination or destinations may be subject to a Borough determination that said local traffic vehicle or vehicles are likely to damage a street. In the event this determination is made, the Borough will notify the registrant of the over-posted-weight local traffic or the owner of the destination or destinations, or both, and will also notify the Borough police. After two business days following delivery of the notice, or after five days following mailing of the notice, such over-posted-weight vehicles shall not exceed the posted weight limits except in accordance with the provisions of Subsections D through E above.
(3)
The following documents are evidence that a vehicle
is local traffic: a bill of lading, shipping order or similar document
which shows a destination on the posted street or certification by
the permittee or an office of the permittee company on company letterhead
describing the local traffic nature of the activity in which the vehicle
is engaged.
I.
Administrative fees. The Borough shall charge administrative
fees by resolution as permitted by the regulations of the Pennsylvania
Department of Transportation for the issuance of permits and inspections
and reinspection of streets.
J.
Violations and penalties. Any person who violates
the provisions of this section and hauls in excess of the posted weight
limit shall be subject to the appropriate penalty as set forth in
the Pennsylvania Motor Vehicle Code, as amended.
