The following words and terms when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
COMBINATION
A trailer, hitch, load or other material pulled by, carried
by or transported within a vehicle which, either alone or in combination
with the vehicle, exceeds the weight limit permitted on any road within
the Township.
EXCESS MAINTENANCE AND REPAIR AGREEMENT
An agreement establishing responsibility for the maintenance,
repair or restoration or both (but not betterment) of a posted highway,
roadway, street or bridge in excess of the normal maintenance, caused
by use of over-posted-weight vehicles;
GROSS WEIGHT
The total weight of either a vehicle, a combination or the
combined weight of a vehicle and combination, with or without a load.
LOCAL TRAFFIC
The following shall be regarded as local traffic for the
purposes of this chapter:
C.
Vehicles or combinations of governmental agencies and utilities
or their contractors engaged in construction or maintenance on a posted
highway, roadway, street or bridge, or in a location which may be
reached only via a posted highway, roadway, street or bridge; and
D.
Vehicles and combinations going to or coming from a residence,
commercial establishment or farm located on a posted highway, roadway,
street or bridge which can be reached only via a posted highway, roadway,
street or bridge and which have been declared exempt after inspection
by the Township. Such an exemption is warranted when it is determined
that the proposed vehicles and combinations would not cause undue
damage to the highway, roadway, street or bridge.
NORMAL MAINTENANCE
The usual and typical activities necessary to maintain the highway, roadway, street or bridge, shoulders, and drainage facilities in the state of repair existing at the date of the inspection prescribed in §
115-3 herein (relating to the use under permit).
POSTED WEIGHT LIMIT
A restricted weight limit posted on a highway, street, roadway
or bridge under authority of 75 Pa.C.S.A. § 4902 of the Vehicle
Code.
POSTING AUTHORITY
The Department of Transportation, as to any state-designated
highways, roadways, streets and/or bridges, the County of Westmoreland,
as to any County highways, roadways, streets or bridges, and the Board
of Supervisors of Unity Township as to other highways, streets, roadways
and bridges.
TOWNSHIP
The Township of Unity, Westmoreland County, Pennsylvania
acting through its Board of Supervisors, or any of its duly appointed
agents or employees.
Any person who violates any provision of §
115-2 or
115-3 of this chapter shall be prosecuted under 75 Pa.C.S.A. § 4902(a) and § 4902(g)(1) of the Vehicle Code, and upon conviction, shall 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 limits. In addition, the Township may, at its discretion, pursue any other action or remedy available, at law or in equity, against the violating party to compel compliance with the terms of the chapter and/or seek damages, including court costs and attorneys' fees, incurred in the prosecution of same.
This chapter shall repeal any other ordinance or part of ordinances
which are inconsistent herewith. Provided, however, that any highway,
roadway, street or bridge, or right-of-way for same, previously posted
with a weight limit or approved for posting with a weight limit, shall
continue to be subject to such weight limit notwithstanding the passage
of this chapter. The intent of this chapter is to add those highways,
roadways, streets or bridges, or rights-of-way for same, described
in the attached Exhibit A to the list of the weight-restricted roads within the
Township and establish procedures for the inspection, permitting and
repair of all posted roads.
The terms of this chapter are severable. If any section, subsection,
sentence, clause, phrase, or portion of this chapter is for any reason
determined to be void, invalid or unenforceable by a court of competent
jurisdiction, the remaining provisions of this chapter shall continue
in full force and effect.