Weight Limit Ordinance
TOWN OF FREMONT WEIGHT LIMIT ORDINANCE
Pursuant to the authority conferred by New Hampshire Revised Statutes Annotated, Chapter 41:11 and RSA 231:191, the Board of Selectmen of the Town of Fremont upon the recommendation of the Town’s Road Agent that such postings are required to prevent unreasonable damage or extraordinary maintenance expenses as a result of the activities of heavy vehicles hereby adopts this Weight Limit Ordinance.
ACTS PROHIBITED: No person, firm or corporation shall operate a motor vehicle as defined in RSA 259:59 on Shirkin Road or Rogers Road with a gross weight rating of more than 26,000 pounds. Pursuant to RSA 21:9, the word "person" may extend and be applied to bodies corporate and politic as well as to individuals.
POSTING: The Road Agent shall post maximum weight limits in the same manner as bridges are posted pursuant to RSA 234:39 and RSA 266:18-c at all entrances to the restricted highway or portion of such highway from other public highways. Such signage shall be legible, posted in a conspicuous location, and be made of weather resistant materials.
SPECIAL PERMITS:
A. Issuance
The Board of Selectmen may issue a special permit for the operation of vehicles weighing more than 26,000 pounds on Shirkin Road and Rogers Road based upon the following conditions:
1. The Board of Selectmen determines that the vehicle will not cause unreasonable damage or extraordinary expense to the highway; or
2. The owner or operator of the vehicle deposits with the Town security, in the form of cash, letter of credit, or bond (collectively “bond”) from a banklending institution or an insurance or bonding company licensed to do business in the State of New Hampshire acceptable to the Board of Selectmen and in an amount the Selectmen determine to be sufficient to pay for the repair of all unreasonable damage or extraordinary expense the vehicle is likely to cause. The bond requirement shall be equitably and reasonably applied to other vehicles bonded to use the highway. When the operation allowed by the special permit is completed, or during the operation if necessary, the Board of Selectmen shall cause the highway to be promptly repaired to a condition equal to that which existed prior to the operation and return any of the security then remaining; provided, if the actual cost of repairs exceeds the security posted, the owner or operator of the vehicle shall pay to the Town the additional costs incurred.
B. Posting
The Town Administrator shall post prominently in the Town Hall a notice that the Board of Selectmen is authorized to provide special permits for use of Shirkin Road and Rogers Road.
EXEMPTIONS
A. Practical Difficulty or Unnecessary Hardship Exemptions For Prior Highway Use or Existing Use of Abutting Land
1. In accordance with RSA 231:191, V, any owner of land or a commercial enterprise served by the highway subject to the weight limit who demonstrates that such limits would entail practical difficulty or unnecessary hardship and who complies with all conditions and regulations concerning bonding and restoration may be granted an exemption by the Board of Selectmen unless the exemption would be detrimental to public safety.
2. “Unnecessary hardship” for purposes of this Ordinance shall include any weight restriction which results in a significant interference with a commercial enterprise or land use which existed prior to the posting of the weight restriction.
3. The person, firm, or corporation requesting the practical difficulty or unnecessary hardship exemption shall apply to the Selectmen in writing and explain the facts and reasons practical difficulty or unnecessary hardship exists.
B. Commercial or Industry Companies Operated or Located in the Town
1. In accordance with RSA 231:191, VII, the Board of Selectmen shall hold a hearing if requested by a commercial or industrial company operated or located in Town which is restricted by the weight limits in this Ordinance.
2. The request for a hearing must be sent to the Board of Selectmen by certified letter and explain how the weight limit restricts the commercial or industrial company.
3. The Board of Selectmen shall hold a hearing within 15 working days of receipt of the certified letter.
C. Exemptions for Governmental Services, Emergency Vehicles, and Services to Properties on the weight restricted highway
In addition to the above exemptions, the following vehicles are exempt from the weight limit restriction:
1. Town Highway Department vehicles;
2. Emergency vehicles as defined in RSA 259:28 while going to or from the scene of an emergency;
3. School buses on their regular scheduled bus routes;
4. Postal vehicles;
5. Vehicles collecting solid waste or recycling for the Town; and
6. Vehicles delivering services or products to addresses on the part of the highway subject to the weight limit.
7. When the vehicle is being operated to or from a permanent base of operation in Fremont.
PENALTIES: Any person who violates this Ordinance shall be guilty of a violation and shall be punished by a fine of not more than one hundred dollars ($100) for each offense, if a natural person, or guilty of a class B misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500) for each offense, if any other person. In addition, the person shall be liable for the cost of restoration for the damage caused to a condition satisfactory to the Road Agent.
ENFORCEMENT: All law enforcement agencies and officers and officials of said agencies of this State or any political subdivision thereof are hereby authorized, empowered and directed to enforce compliance with this Ordinance.
INCONSISTENT PROVISIONS: In the event that any provision of this Ordinance differs from any existing Town Ordinance or regulation, the provision which imposes the greater restrictions or higher standards shall be controlling.
SEVERABILITY: If any 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.
EFFECTIVE DATE: This Ordinance shall become effective upon passage by the Board of Selectmen.
Witness our hands and seal this 12th day of November 2020.
Fremont Board of Selectmen Gene Cordes Neal R. Janvrin Roger A Barham
This is to certify that on the 13th day of November 2020, at 10:45 o’clock in the morning, the above Ordinance was filed and recorded in the records of the Town of Fremont, NH. Witness my hand this 13th day of November 2020. Nicole Cloutier, Town Clerk, Fremont, New Hampshire
This Ordinance was amended following a hearing on August 10, 2023 by the Select Board Gene Cordes, Neal R Janvrin, Roger A Barham. It was further filed with the Office of the Town Clerk at 8:30 am on August 15, 2023.