[Adopted 4-6-2009 by Ord.
No. 144A]
This article shall be known as the "Motor Vehicle Weight and
Size Limitation and Bonding Ordinance of Charleston Township."
This article is enacted pursuant to the authority conferred
by the laws of the Commonwealth of Pennsylvania, including the Pennsylvania
Vehicle Code, Act of June 17, 1976, No. 81, Section 1 et seq., as
amended and supplemented, 75 Pa.C.S.A. § 101 et seq. This
article is intended to include and be subject to all provisions of
§ 4902 of the Pennsylvania Vehicle Code,[1] including by way of illustration and not limitation, § 4902(a)
and (b) and § 6103,[2] and all Pennsylvania Department of Transportation regulations
promulgated thereunder.
The following words when used in this article 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 Pennsylvania State
Police under Section 6106 of the Vehicle Code, 75 Pa.C.S.A. § 6106,
(relating to designation of emergency vehicles by Pennsylvania State
Police).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Emergency vehicles and school buses as 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 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. § 102), as amended.
Any Township bridge posted with a weight or size limitation
or restriction imposed under the authority of this article.
Any Township road posted with a weight or size limitation
or restriction imposed under the authority of this article.
A motor vehicle designated for carrying more than 10 passengers,
exclusive of the driver, and used for the transportation of school
children.
The Pennsylvania Vehicle Code, Act of June 17, 1976, No.
81, Section 1 et seq., as amended and supplemented, 75 Pa.C.S.A. § 101
et seq.
Pursuant to the provisions of § 4902(a) of the Vehicle
Code,[1] the Board of Supervisors has determined and hereby determines,
based upon engineering and traffic studies, that the following roads
and bridges will be damaged or destroyed unless the permissible size
or weight, or both, of motor vehicles is restricted to the size and
weight limits listed. A complete list of the roads and bridges, identified
by their route number, road or bridge name, part of the road restricted
and size and weight limit, is attached hereto as Exhibit A and is
made a part hereof.[2] This list may be modified, amended or enlarged from time
to time by the Board of Supervisors by duly adopted resolution.
[1]
Editor's Note: See 75 Pa.C.S.A. § 4902(a).
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
Pursuant to the findings made under § 268-8 hereof, and by the authority of § 4902(a) of the Vehicle Code and regulations promulgated thereunder, no motor vehicle or combination shall be operated upon any posted road or posted bridge with a gross weight of a size in excess of the weight and size limits listed for said road or bridge in § 268-8 hereof.
Pursuant to the provisions of § 4902(b) of the Vehicle
Code,[1] the Board of Supervisors has determined and hereby determines,
based upon hazardous traffic conditions or other safety factors, that
the use of the following roads and bridges by vehicles exceeding a
certain weight or size, or both, will endanger the public or users
of said roads and bridges unless the permissible weight or size, or
both, of motor vehicles is restricted to the size and weight limits
listed. A complete list of the roads and bridges, identified by their
route number, road or bridge name, part of the road restricted and
size limit and weight limit, is attached hereto as Exhibit A and is
made a part hereof.[2] This list may be modified, amended or enlarged from time
to time by the Board of Supervisors by duly adopted resolution.
[1]
Editor's Note: See 75 Pa.C.S.A. § 4902(b).
[2]
Editor's Note: Exhibit A is included as an attachment to this chapter.
Pursuant to the findings made under § 268-10 hereof, and by the authority of § 4902(b) of the Vehicle Code and regulations promulgated thereunder, no motor vehicle or combination shall be operated upon any posted road or posted bridge with a gross weight or of a size in excess in excess of the size and weight limits listed for said road or bridge in § 268-10 hereof.
Local traffic, as defined in § 267-7 herein, shall be exempted from the restrictions imposed under §§ 268-9 and 268-11 hereof. However, if the Board of Supervisors determines that any local traffic is likely to damage a posted road or bridge, the Board of Supervisors will so notify the registrants of the motor vehicle or combination and will also notify 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 posted weight and size limits except in accordance with § 268-13 hereof.
A.
Individuals or entities wishing to operate vehicles in excess of
established weight and size limits on a posted road or bridge must
apply for a permit to do so on a form provided by the Township. Fees
shall be set by resolution. Upon payment of an administrative fee,
the application will be referred to the Township Roadmaster, who shall:
(1)
Place the issue on the agenda for the next regular meeting of the
Board of Supervisors;
(2)
Consult with the third-party Consultant as necessary to determine
the amount and type of security or bond to be posted by the applicant.
The amount of security or bond shall be calculated in accordance with
Title 67, Chapter 189 of the Pennsylvania Code or its equivalent;[1] and
[1]
Editor's Note: See Pa. Code § 189.1 et seq.
(3)
Present a recommendation to the Supervisors to include the amount
of security or bond to be posted by the applicant if the permit is
approved.
B.
No permit will be issued until and unless the application is approved
by the Board of Supervisors, the required security or bond has been
posted with the Township Secretary, and all administrative, inspection
and third-party consultation fees have been paid in full. The Board
of Supervisors shall, by resolution, set the amount of administrative,
inspection and third-party consultation fees, and may 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 weight and size restrictions at
each end of the portion of road restricted, or the road providing
access to the restricted bridge, as provided in this article. In the
case of a restriction on a road which has not begun or ended at an
intersection with an unrestricted highway, or a restriction on a bridge
accessed by such a road, 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 or the restricted bridge.
A.
Any person operating a motor vehicle or combination upon a road or bridge in violation of a prohibition or restriction imposed under § 268-8 hereof shall, upon conviction, pay a fine in the maximum amount allowed by § 4902(g)(1) of the Vehicle Code, as amended and supplemented, or by any equivalent section of the Vehicle Code, or the maximum amount allowed by law, plus court costs, legal fees and other expenses incurred by the Township in enforcing this article.
B.
Any person operating a motor vehicle or combination upon a road or bridge in violation of a prohibition or restriction imposed under § 268-10 hereof shall, upon conviction, pay a fine in the maximum amount allowed by § 4902(g)(2) of the Vehicle Code, as amended and supplemented,[1] or by any equivalent section of the Vehicle Code, or the
maximum allowed by law, plus court costs, legal fees and other expenses
incurred by the Township in enforcing this article.
[1]
Editor's Note: See 75 Pa.C.S.A. § 4902(g)(2).
