[Ord. No. 11-11-2014, 11/11/2014]
This Part shall be known as "Motor Vehicle Weight Limitation and Bonding Ordinance of Hemlock Township."
[Ord. No. 11-11-2014, 11/11/2014]
This Part 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. No. 11-11-2014, 11/11/2014]
The following words when used in this chapter 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, 75 Pa.C.S.A. § 6106 (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. No. 11-11-2014, 11/11/2014]
The Board of Supervisors has determined and hereby determines based upon engineering studies by the Township Engineer and otherwise, that the following roads may 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 15-3-A and is made a part hereof.
[Ord. No. 11-11-2014, 11/11/2014]
1.
Pursuant to the findings under § 15-304 and by authority of § 4902 of the Vehicle Code, 75 Pa.C.S.A. § 4902, and regulations promulgated thereunder, no motor vehicle or combination shall be operated upon any of the roads listed in Exhibit 15-3-A with gross weight in excess of the weight limits listed for said road in Exhibit 15-3-A.
2.
Local traffic as defined in § 15-303 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 the Hemlock Township Police and/or the Pennsylvania 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 § 15-306 hereof.
[Ord. No. 11-11-2014, 11/11/2014]
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.
Present a recommendation to the Supervisors to include the amount of security to be posted by the applicant if the permit is approved. The amount of security shall be based upon the security the Roadmaster deems necessary to cover the costs of anticipated or probable repairs and restoration necessitated by the permitted movement of vehicles. The amount of security shall be calculated in accordance with 67 Pa. Code, Chapter 189, or its equivalent.
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 security shall be in the form of a performance bond with surety by a company authorized to do business in the Commonwealth; or, in the form of a certified or cashier's check, bank account, or irrevocable letter of credit in favor of Hemlock Township; or in some other form that is acceptable to Hemlock Township.
3.
When the amount of damage in excess of normal maintenance to a posted highway is estimated by Hemlock Township to constitute 75% or more of the amount of the security posted, Hemlock Township may require the highway to be maintained or reconstructed within 30 days unless the permittee agrees to provide such additional security as Hemlock Township shall determine.
4.
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.
5.
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, Pa. Code.
[Ord. No. 11-11-2014, 11/11/2014]
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.
[Ord. No. 11-11-2014, 11/11/2014]
Any person operating a vehicle or combination upon a highway or bridge in violation of a prohibition or restriction imposed under § 15-305 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.
[Ord. No. 11-11-2014, 11/11/2014]
1.
It shall be unlawful for any person to drive a vehicle other than a passenger car on any of the following streets or parts of streets, provided nothing in this section shall prohibit any person from driving an emergency vehicle on any of those streets or parts of streets, or from driving on any of those streets or parts of streets a truck or other commercial vehicle making local deliveries to or pickups from premises located along that street or part of a street.
Restriction | Between |
|---|---|
No trucks | Schoolhouse Road East (TR475) from Mall Boulevard (SR0042) |
No trucks | Lunger Drive (TR477) from Lunger Drive (SR4051) |
No trucks | (500 feet ahead) Lunger Drive (TR477) from Lunger Drive (SR4051) |
No trucks | Bloom Street (TR360) at Township line |
No trucks | Red Mill Road (TR809) at Perry Avenue SR4036) |
Trucks no right turn | Red Mill Road (TR809) at Frosty Valley Road (TR827) |
Trucks no left turn | Frosty Valley Road (TR827) at Red Mill Road (TR809) |
2.
Any person who violates any provision of this section, upon conviction, shall be sentenced to pay a fine of $50 and costs.