[HISTORY: Adopted by the Board of Supervisors of the Township of Fermanagh as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Appendix I, Bridge Weight Limits
[Adopted 1-11-2016 by Ord. No. 1-2016]
[Amended 9-14-2020 by Ord. No. 1-2020]
Pursuant to the Act of June 17, 1976, P.L. 162, No. 81, as amended by the Act of June 18, 1980, P.L. 229, No. 68, as amended (75 Pa.C.S.A. § 4902), as well as the provisions Sections 1529, 2301, and 2304 of The Second Class Township Code of Pennsylvania, as amended,[1] the Township of Fermanagh does hereby enact an ordinance known as the "Fermanagh Township Big Run Bridge Weight Limit Ordinance" for those Township-owned bridges listed and described in Appendix I, which is incorporated by reference and made a part of this article.[2]
[1]
Editor's Note: See 53 P.S. §§ 66529, 67301 and 67304, respectively.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
On those bridges identified herein as Township Bridges in Appendix I and are more fully listed and described in Appendix II, "Bridge Posting Recommendation Data"[1] sheets describing the location, structure data, condition and the posted weight limit for each Township bridge, which is incorporated hereto by reference and made a part of this article, the Township of Fermanagh does hereby establish bridge weight limits by the authority of Section 4902(a),[2] and all other relevant sections, of the Pennsylvania Vehicle Code and regulations of the Department of Transportation of the Commonwealth of Pennsylvania it shall be unlawful for any person, as said term is defined in the Pennsylvania Vehicle Code, to operate on any of those described bridges, any vehicle combination having a gross weight in excess of the maximum weight prescribed for each bridge, which maximum is indicated in Appendix I.
[1]
Editor's Note: Appendix II, Bridge Posting Recommendation Data, is available in the Township offices.
[2]
Editor's Note: See 75 Pa.C.S.A. § 4902(a).
Traffic on a bridge may be prohibited or restricted by the weight of the vehicle, number of vehicles, or kinds or classes of vehicles when an engineering evaluation conducted by a professional engineer establishes the need for said bridges and after review by the Board of Supervisors, that the said Township bridges may be damaged or destroyed by any vehicle exceeding the gross weight listed for each bridge in Appendix I and the use of such vehicles are prohibited by the terms of this article. The gross weights of vehicles, which are not to be exceeded on the described Township bridges, are based on a structural analysis and rating computations, testing, engineering judgment or a combination thereof. The restriction is warranted when one or more of the following conditions are present:
A. 
The safe load capacity of the bridge is exceeded by the load effect of any of the legal load configurations. The capacity and load effects are to be determined in accordance with the "Bridge Safety Inspection Manual" (Department Publication 238).
B. 
Engineering judgment indicates that the condition or material of construction of one or more portions or components of a bridge is such that further uses by heavy vehicles may damage the bridge because of severe impact, fatigue or other reasons.
C. 
The bridge is damaged due to fire, a vehicle crash or environmental deterioration, and engineering judgment indicates that a vehicle restriction is necessary to ensure an adequate level of safety.
The Supervisors of the Township of Fermanagh may issue at their sole discretion permits and/or enter into an "Application/Permit to Exceed Posted Bridge Weight Restriction" or any other agreement, the contents and provisions thereof as solely determined by the Supervisors, for movement of vehicles having a gross weight exceeding the maximums prescribed in Appendix I with respect to the bridges for which the aforementioned weight restrictions have been applied, and the Supervisors of said Township may require any such undertaking such sufficient security as they deem necessary in their sole discretion to cover the cost of maintenance, repairs and restoration necessitated by the permitted movement of any such vehicles as well as sufficient insurance for the Township's protection.
Before the Supervisors of the Township of Fermanagh may issue at their sole discretion permits and/or entered into an "Application/Permit to Exceed Posted Bridge Weight Restriction" or other agreement for the movement of vehicles having a gross weight exceeding the maximum prescribed in this article or any releases thereof, any applicant must first pay to the Township any and all costs incurred by the Township for review of any application and/or preparation of any permits, agreements or releases, including but not limited to, engineering, secretarial and legal expenses and which costs shall be solely determined by the Supervisors.
In the event that more than one user of the Township bridges has obtained a permit and/or entered into an "Application/Permit to Exceed Posted Bridge Weight Restriction" with the Supervisors for movement of vehicles having a gross weight exceeding the maximums prescribed in Appendix I, the Supervisors may assess and proportion, in their sole discretion, the maintenance and restoration costs among the users on a periodic basis or upon the termination of the permit and/or "Application/Permit to Exceed Posted Bridge Weight Restriction."
The Township shall erect or cause to be erected and maintained restriction signs designating the restrictions on said bridges as is required in accordance with the provisions of Section 4902(e) of the Pennsylvania Vehicle Code or any successor section which may hereafter be enacted with respect to the same subject matter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, as said term is defined in the Vehicle Code, who violates any provision of this article shall be prosecuted under Section 4902(a) of the Vehicle Code, 75 Pa.C.S.A. § 4902(a), or successor section or any other section under the Vehicle Code and, upon conviction, shall be sentenced to pay a fine in accordance with the provisions of Section 4902(g)(1) of the Vehicle Code, 75 Pa.C.S.A. § 4902(g)(1) or any successor section or other relevant section of the Vehicle Code which may hereinafter be enacted with respect to the same subject matter.
Any ordinance or a portion of any ordinance inconsistent herewith shall be deemed specifically repealed hereby.
Should any portion of this article be declared unconstitutional by a Court of competent jurisdiction, the remaining portion of this article shall remain in full force and effect and be unaffected thereby.
[Adopted 11-10-2025 by Ord. No. 3-2025]
Pursuant to the authority provided in 75 Pa.C.S.A. § 4902, the following roads that are subject to this article shall be as follows:
A. 
Township Road T-461, known as Long Road: the entire length thereof from its commencement at its intersection with Cedar Springs Road (SR 2006) and extending approximately 2.16 miles to its terminus at the Fayette Township, Juniata County boundary line, from State Route 2019. A copy of a summary sheet showing the aforesaid highway restrictions is attached hereto, and specifically made a part of this article.
B. 
Township Road T-397, known as Hower Gap Road, from its commencement at its intersection with Arch Rock Road (T-527) and extending approximately .5 miles to the end of the asphalt paved portion thereof. A copy of a summary sheet showing the aforesaid highway restrictions is attached hereto, and specifically made a part of this article.
C. 
Township Road T-397, known as Hower Gap Road, from the end of the asphalt paved portion of Hower Gap Road and extending approximately 3.5 miles to its terminus at the Mifflin County line. A copy of a summary sheet showing the aforesaid highway restrictions is attached hereto, and specifically made a part of this article.
D. 
Township Road T-525, known as Horningtown Road, the entire length there and extending between its intersection with Arch Rock Road (T-527) through its intersection with Cuba Mills Road (SR 1002). A copy of a summary sheet showing the aforesaid highway restrictions is attached hereto, and specifically made a part of this article.
On the aforesaid Township Roads, the weight limit shall be posted as and shall be as follows:
A. 
Township Road T-461, known as Long Road: the entire length thereof from its commencement at its intersection with Cedar Springs Road (SR 2006) and extending approximately 2.16 miles to its terminus at the Fayette Township, Juniata County boundary line. Fifteen tons.
B. 
Township Road T-397, known as Hower Gap Road, from its commencement at its intersection with Arch Rock Road (T-527) and extending approximately .5 miles to the end of the asphalt paved portion thereof. Eight tons.
C. 
Township Road T-397, known as Hower Gap Road, from the end of the asphalt paved portion of Hower Gap Road and extending approximately 3.5 miles to its terminus at the Mifflin County line. Five tons.
D. 
Township Road T-525, known as Horningtown Road, the entire length there and extending between its intersection with Arch Rock Road (T-527) through its intersection with Cuba Mills Road (SR 1002). Twenty tons.
Signage shall be posted in accordance with the applicable provisions of the Vehicle Code, 75 Pa.C.S.A. § 101 et. seq., as amended, and applicable administrative regulations adopted pursuant thereto.
The Board of Supervisors adopts by reference the definitions and procedures set forth in 67 Pa. Code. § 189.1 et. seq., relating to hauling in excess of the posted weight limit. The following words and terms, when used in this article, shall have the following meanings, unless the context clearly indicates otherwise:
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
The following shall be regarded as local traffic for the purposes of this article [67 Pa. Code § 189.3 (relating to local traffic)]:
A. 
Emergency vehicles.
B. 
School buses.
C. 
Vehicles and combinations of governmental agencies and utilities or their contractors engaged in construction or maintenance on a posted highway or in a location which can be reached only via a posted highway.
D. 
Vehicles and combinations going to or coming from a residence, commercial establishment, or farm located on a posted highway or which can be reached only via a posted highway.
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 § 161-16F of this article [67 Pa. Code § 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. § 4902.
POSTING AUTHORITY
The Department of Transportation, as to state designated highways and the Township of Fermanagh Board of Supervisors, as to all other streets and highways located within the Township of Fermanagh.
A. 
General rule. Over-posted-weight local traffic may exceed posted weight limits unless the posting authority determines that an over-posted-weight vehicle or vehicles being driven to or from a particular destination or destinations are likely to damage the highway.
B. 
Vehicles determined likely to damage highway. If the posting authority determines that one or more over-posted-weight vehicles are likely to damage the highway; the posting authority will so notify the registrants of the over-posted-weight vehicles or owners of the destination or destinations, or both, and will also notify State and local police. After two business days following delivery of the notice, or after five days following mailing of the notice, such over-posted-weight vehicles shall not exceed the posted weight limits except in accordance with the provisions of § 161-16 of this article [67 Pa. Code § 189.4, relating to use under permit].
C. 
Proof of local traffic status. The following types of documents will constitute evidence that a vehicle is local traffic:
(1) 
A bill of lading, shipping order or similar document which shows a destination on the posted highway.
(2) 
Certification by the permittee or an official of a permittee company on the company letterhead describing the local traffic nature of the activity which the vehicle is engaged in.
A. 
General rule. No over-posted-weight vehicle, except local traffic authorized under § 161-15A [67 Pa. Code § 189.3(a), relating to local traffic], shall be driven on a posted highway with a gross weight in excess of the posted weight limit unless the posting authority has issued a permit for the vehicle or vehicles in accordance with this section.
B. 
Types of permits. Types of permits shall include the following:
(1) 
A Type 1 permit authorizes use of a particular posted highway or portion thereof by an over-posted-weight vehicle. It is valid only when carried in the over-posted-weight vehicle.
(2) 
A Type 2 permit authorizes use of a particular posted highway or portion thereof by any number of over-posted-weight vehicles being driven to or from a common destination.
(a) 
Documents of the type set forth in § 161-15 of this article [67 Pa. Code § 189.3(c), relating to local traffic] will constitute evidence of the destination of a vehicle.
(b) 
A Type 2 permit will be issued only upon request of the permittee and if the posting authority determines that it is not feasible to issue a Type 1 permit for each vehicle, for example, most over-posted-weight vehicles hauling to and from the place of business of the permittee belong to or are hauling under contract with customers or suppliers of the permittee.
(3) 
A Type 3 permit authorizes use of a number of specified posted highways or portions thereof by an over-posted-weight vehicle.
(a) 
A Type 3 permit is valid only when carried in the over-posted-weight vehicle.
(b) 
A Type 3 permit is issued only if the posting authority determines that damage to the posted highway covered by the permit will be minimal because of the limited number of moves by over-posted-weight vehicles and short-term use of the highways anticipated by the permittee.
C. 
Excess maintenance agreement. Issuance of a permit to exceed a posted weight limit or limits will be conditioned on the agreement by the permittee to accept financial responsibility for excess maintenance of the posted highway or portion thereof to be used by the permittee. The agreement may provide for the work to be performed by the posting authority or its contractor or by the permittee or its contractor, except that in the case of a self-bonded agreement, the Department will require that all work be performed by the permittee or its contractor.
D. 
Security. Except as provided in Subsection D(4), the permittee shall be required to provide security in favor of the posting authority to assure compliance with the maintenance-reconstruction agreement.
(1) 
The amount of security shall be established by the schedule of bonding amounts set forth in 67 Pa. Code § 189.4(d)(1) as may be amended.
(2) 
Form of security. The security may be in the form of a performance bond with surety by a company authorized to do business in the commonwealth or, at the option of the permittee, in the form of a certified or cashier's check, bank account, or irrevocable letter of credit in favor of the posting authority; or in some other form of security acceptable to the posting authority.
(3) 
Additional security. When the amount of damage in excess of normal maintenance to a posted highway is estimated by the posting authority to constitute 75% or more of the amount of the security, the posting authority may require the highway to be maintained or reconstructed within 30 days unless the permittee agrees to provide such additional security as the posting authority shall determine.
(4) 
Self-bonding. The posting authority may authorize self-bonding if it determines, on the basis of the financial ability of the permittee, that it is unlikely that the posting authority will be unable to collect a judgment rendered against the permittee for failure to comply with the maintenance agreement.
(a) 
The posting authority may require corporate officers and stockholders and their spouses to execute a self-bond, if the financial ability of a corporation is insufficient in itself to justify self-bonding.
(b) 
The posting authority may require the permittee to execute liens on real or personal property, or both, as a condition for authorizing self-bonding.
E. 
Multiple permittees. Multiple permittees shall conform with the following:
(1) 
Agreement to share excess maintenance responsibility. If two or more persons wish to obtain Type 1 or Type 2 permits to operate over-posted-weight vehicles on the same posted highway or portion thereof, they may agree among themselves as to their relative responsibility for the cost of excess maintenance and the posting authority will enter into agreements and accept security on the basis of the agreed shares.
(2) 
Determination by posting authority. If multiple applicants for Type 1 or Type 2 permits cannot agree on their relative responsibility, the posting authority will determine their relative shares, and will enter into agreements with and accept security from any person agreeing to such determination.
(3) 
Subsequent permit applicants. Subsection E(1) and (2) shall apply even if one or more persons have already entered into a Type 1 or Type 2 permit agreement and posted security when another person expresses the desire to obtain a Type 1 or Type 2 permit to operate over-posted-weight vehicles on the same posted highway.
F. 
Determination of highway condition. Determination of highway condition shall consist of the following:
(1) 
Inspection. Representatives of the posting authority and of the permittee or permittees will make an onsite inspection of the posted highway immediately before issuance of each permit in order to determine its condition.
(2) 
Reinspection. The posted highway will be reinspected:
(a) 
Upon issuance of any new permit.
(b) 
From time to time as the posting authority determines repairs may be required.
(c) 
Upon termination of any permit, in order to determine the amount of damage for which the permittee or permittees are responsible.
(3) 
Type 3 permits. Before and after using a Type 3 permit on any posted highway specified in the permit, the representatives of the permittee and the posting authority will make an onsite inspection to determine the relative condition of the highway before and after the use and to assess any excess maintenance caused by the permittee.
(4) 
Notification of inspections and reinspections. All Type 1 and Type 2 permittees on a posted highway or portion thereof will be notified of all inspections and reinspections on the highway or portion, and may participate in the inspections and reinspections.
(5) 
Inspection costs. The inspection costs of the posting authority shall be paid by the permittee or permittees. Inspection costs related to a county wide or municipality wide—Type 3—permit will be paid solely by the Type 3 permittee.
G. 
Administrative fee. The issuing authority may collect an administrative fee as provided in 67 Pa. Code. § 189.4(g), as may be amended.
Any person who violates the provisions of this article shall be prosecuted in accordance with 75 Pa.C.S.A. § 4902(g), as amended, and upon conviction shall be fined in an amount established by the same.
Appended to this article are the following sample forms which have been approved for use by the Township of Fermanagh Board of Supervisors. The Supervisors reserve the right to amend and/or revise the appended forms from time to time by resolution. Also appended to this article is the roadway inspection and posting report prepared by the Eads Group Engineers which includes the applicable summary sheets.[1]
Appendix A — Sample Application to Exceed Posted Highway Weight Restrictions
Appendix B — Sample Local Traffic Permit
Appendix C — Sample Roadway Inspection Form
Appendix D — Sample Excess Maintenance Agreement
Appendix E — Sample Performance Bond
Appendix F — Sample Irrevocable Letter of Credit
[1]
Editor's Note: The following appendixes are on file in the Township offices.