[Adopted 4-16-2010 by Ord. No. 2010-2]
Pursuant to the authority provided in 75 Pa.C.S.A. § 4902,
the following roads that are subject to this article shall be as follows:
A.
Township Road T-367 (T-366 posted), known as Salt Road, from State
Route 2019 to State Route 2012. A copy of a summary sheet showing
the aforesaid highway restrictions is attached hereto, and specifically
made a part of this article.[1]
[1]
Editor's Note: Said summary sheet is on file in the Township
offices.
B.
Township Road T-380, known as Gilbo Road, from T-373 (Runk Road)
to T-507 (Keystone Road). A copy of a summary sheet showing the aforesaid
highway restrictions is attached hereto, and specifically made a part
of this article.[2]
[2]
Editor's Note: Said summary sheet is on file in the Township
offices.
C.
Township Road T-394, known as Wrangletown Road, from State Route
522 to T-507 (Keystone Road). A copy of a summary sheet showing the
aforesaid highway restrictions is attached hereto, and specifically
made a part of this article.[3]
[3]
Editor's Note: Said summary sheet is on file in the Township
offices.
D.
Township Road T-396, known as Pumping Station Road, from State Route
522 to T-403 (Aughwick Mills Road). A copy of a summary sheet showing
the aforesaid highway restrictions is attached hereto, and specifically
made a part of this article.[4]
[4]
Editor's Note: Said summary sheet is on file in the Township
offices.
E.
Township Road T-397, known as Hogan Road, from State Route 522 to
T-394 (Wrangletown Road). A copy of a summary sheet showing the aforesaid
highway restrictions is attached hereto, and specifically made a part
of this article.[5]
[5]
Editor's Note: Said summary sheet is on file in the Township
offices.
F.
Township Road T-403, known as Aughwick Mills Road, from State Route
522 to State Route 2019. A copy of a summary sheet showing the aforesaid
highway restrictions is attached hereto, and specifically made a part
of this article.[6]
[6]
Editor's Note: Said summary sheet is on file in the Township
offices.
G.
Township Road T-507, known as Keystone Road, from State Route 522
to the Cromwell Township Line. A copy of a summary sheet showing the
aforesaid highway restrictions is attached hereto, and specifically
made a part of this article.[7]
[7]
Editor's Note: Said summary sheet is on file in the Township
offices.
H.
Township Road T-509, known as Germany Valley Road, from State Route
522 to State Route 2019. A copy of a summary sheet showing the aforesaid
highway restrictions is attached hereto, and specifically made a part
of this article.[8]
[8]
Editor's Note: Said summary sheet is on file in the Township
offices.
I.
Township Road T-510, known as Meadow Road, from State Route 0747
to the dead end of Meadow Road. A copy of a summary sheet showing
the aforesaid highway restrictions is attached hereto, and specifically
made a part of this article.[9]
[9]
Editor's Note: Said summary sheet is on file in the Township
offices.
O.
Township Road T-366, known as Loves Valley Road, from SR-2021 to
the boundary line between Shirley Township and Cromwell Township.
A copy of a summary sheet showing the aforesaid highway restrictions
is attached hereto, and specifically made a part of this article.[15]
[15]
Editor's Note: Said summary sheet is on file in the Township
offices.
P.
Township Road T-373, known as Runk Road, from State Route 0522 to
the Cromwell Township line. A copy of a summary sheet showing the
aforesaid highway restrictions is attached hereto and specifically
made a part of this article.[16]
[Added 7-26-2012 by Ord. No. 2012-1]
[16]
Editor's Note: Said summary sheet is on file in the Township
offices.
Q.
Township Road T-379, known as Dark Hollow Road, from the Shirleysburg
Borough line to T-366 (Loves Valley Road). A copy of a summary sheet
showing the aforesaid highway restrictions is attached hereto and
specifically made a part of this article.[17]
[Added 7-26-2012 by Ord. No. 2012-1]
[17]
Editor's Note: Said summary sheet is on file in the Township
offices.
R.
Township Road T-393, known as Singers Gap Road, from State Route
0747 to terminus (dead end). A copy of a summary sheet showing the
aforesaid highway restrictions is attached hereto and specifically
made a part of this article.[18]
[Added 7-26-2012 by Ord. No. 2012-1]
[18]
Editor's Note: Said summary sheet is on file in the Township
offices.
S.
Township Road T-410, known as Bilger Road, from State Route 0103
to terminus (dead end). A copy of a summary sheet showing the aforesaid
highway restrictions is attached hereto and specifically made a part
of this article.[19]
[Added 7-26-2012 by Ord. No. 2012-1]
[19]
Editor's Note: Said summary sheet is on file in the Township
offices.
On all of the aforesaid Township roads, the weight limit shall
be posted for a ten-ton weight limit.
Signage shall be posted in accordance with the applicable provisions
of the Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended,
and applicable administrative regulations adopted pursuant thereto.
The Board of Supervisors adopts by reference the definitions
and procedures set forth in 67 Pa. Code § 189.1 et seq.
relating to hauling in excess of the posted weight limit. The following
words and terms, when used in this article, shall have the following
meanings, unless the context clearly indicates otherwise:
Maintenance or restoration or both (but not betterment) of
a posted highway in excess of normal maintenance, caused by use of
over-posted-weight vehicles.
The following shall be regarded as local traffic for the
purposes of this article [67 Pa. Code § 189.3 (relating
to local traffic)]:
Emergency vehicles.
School buses.
Vehicles and combinations of governmental agencies and utilities
or their contractors engaged in construction or maintenance on a posted
highway or in a location which can be reached only via a posted highway.
Vehicles and combinations going to or coming from a residence,
commercial establishment, or farm located on a posted highway or which
can be reached only via a posted highway.
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 § 260-47F of this article [67 Pa. Code § 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 highway having a posted weight limit.
A restricted weight limit posted on a highway under authority
of 75 Pa.C.S.A. § 4902.
The Department of Transportation, as to state-designated
highways, and the Shirley Township Board of Supervisors, as to all
other streets and highways located within Shirley Township.
A.
General rule. Over-posted-weight local traffic may exceed posted
weight limits unless the posting authority determines that an over-posted-weight
vehicle or vehicles being driven to or from a particular destination
or destinations are likely to damage the highway.
B.
Vehicles determined likely to damage highway. If the posting authority determines that one or more over-posted-weight vehicles are likely to damage the highway, the posting authority will so notify the registrants of the over-posted-weight vehicles or owners of the destination or destinations, or both, and will also notify state and local 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 § 260-47 of this article [67 Pa. Code § 189.4 (relating to use under permit)].
C.
Proof of local traffic status. The following types of documents will
constitute evidence that a vehicle is local traffic:
A.
General rule. No over-posted-weight vehicle, except local traffic authorized under § 260-46A [67 Pa. Code § 189.3(a) (relating to local traffic)], shall be driven on a posted highway with a gross weight in excess of the posted weight limit unless the posting authority has issued a permit for the vehicle or vehicles in accordance with this section.
B.
Types of permits. Types of permits shall include the following:
(1)
A Type 1 permit authorizes use of a particular posted highway 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 highway or
portion thereof by any number of over-posted-weight vehicles being
driven to or from a common destination.
(a)
Documents of the type set forth in § 260-46 of this article [67 Pa. Code § 189.3(c) (relating to local traffic)] will constitute evidence of the destination of a vehicle.
(b)
A Type 2 permit will be issued only upon request of the permittee
and if the posting authority determines that it is not feasible to
issue a Type 1 permit for each vehicle, for example, most over-posted-weight
vehicles hauling to and from the place of business of the permittee
belong to or are hauling under contract with customers or suppliers
of the permittee.
(3)
A Type 3 permit authorizes use of a number of specified posted highways
or portions thereof by an over-posted-weight vehicle.
(a)
A Type 3 permit is valid only when carried in the over-posted-weight
vehicle.
(b)
A Type 3 permit is issued only if the posting authority determines
that damage to the posted highway covered by the permit will be minimal
because of the limited number of moves by over-posted-weight vehicles
and short-term use of the highways anticipated by the permittee.
C.
Excess maintenance agreement. Issuance of a permit to exceed a posted
weight limit or limits will be conditioned on the agreement by the
permittee to accept financial responsibility for excess maintenance
of the posted highway or portion thereof to be used by the permittee.
The agreement may provide for the work to be performed by the posting
authority or its contractor or by the permittee or its contractor,
except that in the case of a self-bonded agreement, the Department
will require that all work be performed by the permittee or its contractor.
D.
Security. Except as provided in Subsection D(4), the permittee shall be required to provide security in favor of the posting authority to assure compliance with the maintenance-reconstruction agreement.
(1)
The amount of security shall be established by the schedule of bonding
amounts set forth in 67 Pa. Code § 189.4(d)(1), as may be
amended.
(2)
Form of security. The security may be in the form of a performance
bond with surety by a company authorized to do business in the commonwealth;
or, at the option of the permittee, in the form of a certified or
cashier's check, bank account, or irrevocable letter of credit
in favor of the posting authority; or in some other form of security
acceptable to the posting authority.
(3)
Additional security. When the amount of damage in excess of normal
maintenance to a posted highway is estimated by the posting authority
to constitute 75% or more of the amount of the security, the posting
authority may require the highway to be maintained or reconstructed
within 30 days unless the permittee agrees to provide such additional
security as the posting authority shall determine.
(4)
Self-bonding. The posting authority may authorize self-bonding if
it determines, on the basis of the financial ability of the permittee,
that it is unlikely that the posting authority will be unable to collect
a judgment rendered against the permittee for failure to comply with
the maintenance agreement.
(a)
The posting authority may require corporate officers and stockholders
and their spouses to execute a self-bond, if the financial ability
of a corporation is insufficient in itself to justify self-bonding.
(b)
The posting authority may require the permittee to execute liens
on real or personal property, or both, as a condition for authorizing
self-bonding.
E.
Multiple permittees. Multiple permittees shall conform with the following:
(1)
Agreement to share excess maintenance responsibility. If two or more
persons wish to obtain Type 1 or Type 2 permits to operate over-posted-weight
vehicles on the same posted highway or portion thereof, they may agree
among themselves as to their relative responsibility for the cost
of excess maintenance and the posting authority will enter into agreements
and accept security on the basis of the agreed shares.
(2)
Determination by posting authority. If multiple applicants for Type
1 or Type 2 permits cannot agree on their relative responsibility,
the posting authority will determine their relative shares, and will
enter into agreements with and accept security from any person agreeing
to such determination.
(3)
Subsequent permit applicants. Subsection E(1) and (2) shall apply even if one or more persons have already entered into a Type 1 or Type 2 permit agreement and posted security when another person expresses the desire to obtain a Type 1 or Type 2 permit to operate over-posted-weight vehicles on the same posted highway.
F.
Determination of highway condition. Determination of highway condition
shall consist of the following:
(1)
Inspection. Representatives of the posting authority and of the permittee
or permittees will make an on-site inspection of the posted highway
immediately before issuance of each permit in order to determine its
condition.
(2)
Reinspection. The posted highway will be reinspected:
(3)
Type 3 permits. Before and after using a Type 3 permit on any posted
highway specified in the permit, the representatives of the permittee
and the posting authority will make an on-site inspection to determine
the relative condition of the highway before and after the use and
to assess any excess maintenance caused by the permittee.
(4)
Notification of inspections and reinspections. All Type 1 and Type
2 permittees on a posted highway or portion thereof will be notified
of all inspections and reinspections on the highway or portion, and
may participate in the inspections and reinspections.
(5)
Inspection costs. The inspection costs of the posting authority shall
be paid by the permittee or permittees. Inspection costs related to
a county-wide or municipality-wide Type 3 permit will be paid solely
by the Type 3 permittee.
G.
Administrative fee. The issuing authority may collect an administrative
fee as provided in 67 Pa. Code § 189.4(g), as may be amended.
Any person who violates the provisions of this article shall
be prosecuted in accordance with 75 Pa.C.S.A. § 4902(g),
as amended, and upon conviction shall be fined in an amount established
by the same.
Appended to this article are the following sample forms which
have been approved for use by the Shirley Township Board of Supervisors.
The Supervisors reserve the right to amend and/or revise the appended
forms from time to time by resolution. Also appended to this article
is the Roadway Inspection and Posting Report prepared by Keller Engineers
which includes the applicable summary sheets.[1]
[1]
Editor's Note: The sample forms and summary sheets are
available in the Township offices.
