[HISTORY: Adopted by the Board of Supervisors of the Township of Connoquenessing 8-6-2014 by Ord. No. 90. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 266.
This chapter shall be known as the "Motor Vehicle Weight Limitations and Bonding Ordinance of Connoquenessing Township."
This chapter 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 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:
- EMERGENCY VEHICLE
- 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).
- EXCESS MAINTENANCE
- 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.
- LOCAL TRAFFIC
- 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 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.
- MOTOR VEHICLE
- Any vehicle or combination as defined and/or governed by the Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended.
- The Department, as to state designated highways and local authorities, as to all other streets and highways.
- NORMAL MAINTENANCE
- 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).
- OVER-POSTED-WEIGHT VEHICLE
- A vehicle or combination having a gross weight in excess of a posted weight limit.
- POSTED HIGHWAY
- A highway having a posted weight limit.
- POSTED WEIGHT LIMIT
- A restricted weight limit posted on a highway under authority of 75 Pa.C.S.A. § 4902.
- SCHOOL BUS
- 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.
Pursuant to the findings under § 268-4, 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 § 268-4 with gross weight in excess of the weight limits listed for said road in § 268-4.
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 § 268-6 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."
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 or other designated decision-maker who shall:
Place the issue on the agenda for a meeting of the Board of Supervisors; and
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
Present a recommendation to the Supervisors to include the amount of security to be posted by the applicant if the permit is approved.
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.
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 prohibition or restriction imposed under § 268-4 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 violation. See the current applicable section of Title 75 is 4902(g).