[Ord. 2-2010, 11/18/2010, § 1]
This Subpart shall be known as "Motor Vehicle Weight Limitation
and Bonding Ordinance of Hunlock Township."
[Ord. 2-2010, 11/18/2010, § 3]
This Subpart is enacted pursuant to the authority conferred
by the "Vehicle Code," Act of 1976, June 17, 1962, No. 81, § 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(1) and 6103 (75 Pa.C.S.A. §§ 4902(f)
and 6103).
[Ord. 2-2010, 11/18/2010, § 3]
The following words when used in this Subpart shall have the
following meanings, unless the context clearly indicates otherwise:
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).
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.
Any vehicle or combination as defined and/or governed by
the "Vehicle Code," 75 Pa.C.S.A. § 101 et seq., as amended.
A motor vehicle designated for carrying more than 10 passengers,
exclusive of the driver, and used for the transportation of school
children.
[Ord. 2-2010, 11/18/2010, § 4]
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 15-3A-A and is made a part hereof.
[Ord. 2-2010, 11/18/2010, § 5]
1.
Pursuant to the findings under § 15-304, supra., and by authority of § 4902 of the Vehicle Code and regulations promulgated there under, no motor vehicle or combination shall be operated upon any of the roads listed in § 15-304 with gross weight in excess of the weight limits listed for said road in § 15-304.
2.
Local traffic as defined herein shall be exempted from the restrictions imposed under Subsection 1 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 § 15-307 hereof.
[Ord. 2-2010, 11/18/2010, § 6]
1.
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:
A.
Place the issue on the agenda for a meeting of the Board of Supervisors.
B.
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.
C.
Present a recommendation to the Supervisors to include the amount
of security to be posted by the applicant if the permit is approved.
2.
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 Road Master or other official of the
Township.
3.
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.
[Ord. 2-2010, 11/18/2010, § 7]
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 Subpart 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.
[Ord. 2-2010, 11/18/2010, § 8]
Any person operating a motor vehicle or combination upon a road or bridge in violation of a prohibition or restriction imposed under § 15-304 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 the violation.
The current applicable section of the Code, 4902(g), states:
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"(g)
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Penalty
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"(1)
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Any person operating a vehicle or combination upon a highway
or bridge in violation of a prohibition or restriction imposed under
subsection (a) is guilty of a summary offense and shall, upon conviction,
be sentenced to pay a fine of $75, except that any person convicted
of operating a vehicle with a gross weight in excess of a posted weight
shall, upon conviction, be sentenced to pay a fine of $150 plus $150
for each 500 pounds, or part thereof, in excess of 3,000 pounds over
the maximum allowable weight.
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"(2)
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Any person operating a vehicle or combination in violation of
a prohibition or restriction imposed under subsection (b) is guilty
of a summary offense and shall, upon conviction, be sentenced to pay
a fine of not less than $25 and not more than $100."
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[Res. 4-2010, 12/16/2010]
1.
Permits to operate vehicles in excess of 10 tons on restricted weight
Township roads.
A.
Preliminary Inspection Fee. The fee for Hunlock Township to inspect
the Township roads prior to any hauling will be $40 for the first
mile and $25 per each additional mile prorated per tenth of a mile.
B.
Administrative Fee. The fee for the Hunlock Township Secretary to
complete all paperwork necessary to issue a permit to operate vehicles
in excess of 10 tons on restricted weight Township roads will be $50
per permit.
C.
Interim Inspection Fee. The fee for Hunlock Township to inspect the
Township roads prior to any significant hauling hiatus by the permittee
will be $40 for the first mile and $25 per each additional mile prorated
per tenth of a mile.
D.
Post-use Inspection Fee. The fee for Hunlock Township to inspect
the Township roads once all hauling has been concluded will be $40
for the first mile and $25 per each additional mile prorated per tenth
of a mile.
E.
Third Party Consultation Fees. In the event that the Hunlock Township
Board of Supervisors determines that a third party consultation is
necessary to determine the extent of damage caused by excessive hauling
the permittee is responsible for all costs associated with said consultation.
[Res. 4-2010, 12/16/2010]
The following equipment rates will apply when an excess maintenance
agreement provides for repair work to be performed by the posting
authority or its contractor.
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Equipment
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Price/Day
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|---|---|
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Ford F350 Pick Up Truck
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$320/day
|
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Ford F800 Dump Truck
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$400/day
|
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Sterling Acterra Dump Truck
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$400/day
|
|
All Wheel Drive Grader
|
$425/day
|
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Case 580 Super L Backhoe
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$226/day
|
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Tractor with Rake
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$450/day
|
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Tractor with Boom Mower
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$450/day
|
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Vibratory Roller 84" Drum
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$250/day
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