2015.01.26 Council Agenda Item 09

Update:

At the January 12, 2015, Town Council meeting, the Council indicated that they will consider an amendment to the proposed ordinance amendment that will accomplish the following:

1. Eliminate the exemption of public utility vehicles;

2. Exclude any restrictions for trucks located or stored on property along the restricted area; and

3. Utilize the FHWA Truck Classification of Class 5.

A draft of the amendment that includes these three proposed amendments is attached.

Information provided at the January 12, 2015 Town Council meeting:

The Town Council adopted Section 17-9 of the Code of Ordinances in 1979. The Town Council reviewed this section of the Ordinance at its meeting on November 10, 2014, and directed the Town Manager to draft an amendment that would reduce the restricted area and define the term "truck”

Section 17-9 currently states: No truck or bus other than an emergency vehicle or a local passenger bus picking up and discharging passengers along designated routes at specified stops shall travel over the following streets or parts of streets except when necessary to render service to or to deliver supplies to persons residing adjacent thereto where other means of access to such residences are not reasonably convenient: Brook Road between Blackstrap Road and Mountain Road.

The State of Maine Department of Transportation (MDOT) maintains some jurisdiction on Brook Road, including the portion between Blackstrap Road and Leighton Road. It is MDOT policy not to limit or prohibit commercial truck traffic on major collector roads, which is the designation for this part of Brook Road.

The attached proposed ordinance amendment, authored by Town Attorney Amy Tchao, includes three specific changes:

1. The amendment will eliminate restrictions from the current portion of Brook Road between Blackstrap Road and Leighton Road.
2. Public works and public utility vehicles are exempt from the restriction.
3. The term “truck” is defined for the remaining restricted area between Leighton Road and Mountain Road. The definition utilizes the Federal Highway Administration (FWHA) Vehicle Classification guide to refine the definition of “truck”. (A graphical depiction of the FWHA Vehicle Classification guide is attached along with some pictures of single and dual rear axle trucks.) The proposed amendment limits all commercial trucks in Class 6 or higher. This would prohibit trucks with two or more rear axles to travel on the applicable area of Brook Road.

Attachments:

• Letter of introduction
• Proposed ordinance language
• FWHA Vehicle Classification guide
• Truck photos, depicting different axle styles of truck
• Proposed ordinance language with amendments as discussed at the January 12, 2015 meeting.