Limited Weight Roads

December 5, 2012 Andrew Pinard Ordinances/Policies 0

LIMITED WEIGHT ROADS

The Town of Bradford ordains:

SECTION I

Authority; RSA 31:39 I (g)

SECTION II

Purposes: To determine those Town streets and highways which are not able to carry heavy loads and regulate the use of those highways so that the public expense and inconvenience are minimized.

SECTION III

Designation of Limited Weight Highways: All highways in the Town are subject to be limited weight highways and being posted as such. The Road Agent shall periodically review all highways maintained by the Town and propose highway posting as may be necessary. The Board of Selectmen have final authority over the posting of highways.

SECTION IV

Limitation of Use: Except as specifically provided in Section V below, it shall be unlawful for any person to operate any motor vehicle weighing more than six (6) tons on any Limited Weight Street or Highway from March 1st to March 31st of each year.

SECTION V

Exceptions: The provisions of this ordinance shall not apply to:

A.        Any motor vehicle operated by the Town.

B.        Any taxpayer of the Town of Bradford operates a Motor Vehicle over six (6) tons from their place of business to and from N.H. Routes 103 and 114.

C.        Delivery vehicles making occasional trips to service residences.

D.        Any other vehicle for which the Road Agent has issued a special permit in accordance with section 6. below.

SECTION VI

Special Permits: The Road Agent shall issue a special permit for the operation of vehicles weighing more than six (6) tons over Limited Weight Highways only on the following conditions:

  1. The Road Agent determines that the vehicle will not cause unusual damage to the highway: or
  2. The owner of the vehicle deposit with the Town security, in the form of cash or bond guaranteed by insurance or bonding company licensed to do business in the State of New Hampshire, in the amount the Selectmen determine to be sufficient to pay for the repair of all unusual damage the vehicle is likely to cause. When the operation allowed by the special permit is completed, or during the operation of necessary, the Road Agent shall cause the highway to be promptly repaired to a condition and return any of the security then remaining; provided, if the actual cost of repairs exceeds the security posted, the owner of the vehicle shall pay to the Town the additional costs incurred.

SECTION VII

FORESTRY/ LOGGING OPERATIONS: All forestry/ logging operations shall comply with the following restrictions:

  1. The access to all operations, of Town roads, shall be as approved by the Road Agent in writing; and
  2. No Town road shall be used for the storage of logs or any other materials, nor shall logs be dragged along any roads or across Town bridges
  3. All operations with access off gravel Town road shall provide a security in the form of cash,bond or certified check and all operations with access off a paved Town road shall require a security, as stated above, at the time the Intent to Cut is approved by the Board of Selectmen.
  4. The amount of the security assessed to a logging/forestry operation shall be assessed by the Board of Selectmen’s discretionary powers.

SECTION VIII

Appeal: Any person, who is aggrieved by the Road Agent issuing of refusing to issue a special permit, may, within ten (10) days of the decision of the Road Agent and not thereafter, appeal that decision to the Board of Selectmen. Upon receipt of such appeal, the Selectmen shall schedule a public meeting, at which all interested parties may present any relevant evidence; and, at the conclusion of the public meeting, affirm, modify or set aside the decision of the Road Agent.

SECTION IX

Penalty: Any person or legal entity that fails to comply with the provisions of this ordinance shall be guilty of an offense and upon conviction, may be fined not more than One Thousand Dollars ($1000.00).

SECTION X

Enforcement: The Road Agent and Police Department shall be responsible for enforcing this ordinance.

SECTION XI

Repeal: Any provision of any ordinance, which is inconsistent with this ordinance, is hereby repealed.

SECTION XII

Severability: If any section, subsection, sentence, clause, phrase or part of this ordinance should be held invalid for any reason whatsoever, such decision shall not affect the remaining portions, which shall remain in full force and effect; and, to this end, the provisions of this ordinance are severable.

SECTION XIII

Effective Date: This ordinance shall become effective upon passage by the Selectmen, after a Public Hearing.

Effective: March 27, 1990

Amended:October 5, 1992

Passage: November 16, 1992