[Adopted 5-4-2009 by Ord. No. 5-2009]
This article shall be known as the "Motor Vehicle Weight Limitation
and Bonding Ordinance of Bridgewater Township."
This article is enacted pursuant to the authority conferred
by the "Vehicle Code," Act of 1976, June 17, 1962, No. 81, 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 § 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(f) and 6103 [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:
As defined in 75 Pa.C.S.A. § 102.
[Amended 10-1-2012 by Ord. No. 10-2012]
Emergency vehicles and school buses, defined herein, vehicles
and combinations of 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.
As defined in 75 Pa.C.S.A. § 102.
[Amended 10-1-2012 by Ord. No. 10-2012]
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.[1]
[1]
Editor's Note: Exhibit "A" is included as an attachment to
this chapter.
A.
Pursuant to the findings under § 290-11 of this article, 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 § 290-11 with a gross weight in excess of the weight limits listed for said road in § 290-11.
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 § 290-14 of this article.
A.
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 Township Roadmaster, who
shall:
(1)
Place the issue on the agenda for a meeting of the Board of Supervisors;
and
(2)
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)
Present a recommendation to the Supervisors to include the amount
of security to be posted by the applicant if the permit is approved.
B.
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 Roadmaster or other official of the
Township.
C.
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 article. In the case of a restriction
on a road which does not begin or end 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.
[Amended 10-1-2012 by Ord. No. 10-2012]
Any person operating a motor vehicle or combination upon a road or bridge in violation of a prohibition or restriction imposed under § 290-11 shall, upon conviction by a Magisterial District Judge, pay a fine consistent with 75 Pa.C.S.A. § 4902(g).
