Heidelberg supervisors discuss township ban on compression-release brakes

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The Heidelberg Township Board of Supervisors expressed a lack of interest in pursuing a brake retarder ordinance similar to that of Millcreek Township at its monthly meeting Tuesday.

Brake retarders — commonly called Jake brakes for the model made by Jacobs Vehicle Systems — cannot be banned on a local level without prior approval from the state Department of Transportation, which determines eligibility of roads based on strict safety criteria.

Supervisors previously reached out to PennDOT regarding potential engine brake prohibition, but heard back that the roads residents seek prohibition on would not be eligible.

Residents have complained about loud, disruptive engine brakes, which can be the result of illegal modification to compression release brake systems.

In April, resident Jamie Wolgemuth told the board about a recently passed ordinance in Millcreek Township that bans illegally modified compression release brakes on certain roads, which solicitor Paul Bametzreider said he would research.

Tuesday, Bametzreider said that because the ordinance does not prohibit engine brakes outright, it was able to be passed without PennDOT approval.

However, he added that unlike Millcreek, which has its own police department, Heidelberg is served exclusively by the state police and has no means of enforcing local ordinances. Passing a similar ordinance, he said, would allow the township to place signs that might deter violators, but would not be enforceable.

“I hesitate to recommend that you adopt anything that you don’t have the ability to enforce,” said Bametzreider, adding that an ordinance may have “some deterrent effect.”

Supervisor Paul Fetter said he understood resident concerns about noise and agreed it is an issue, but said the township could not enforce those concerns.

Resident Jean Rowe, one of the residents to request a brake retarder ban, urged the board to consider options for local policing in the future.

“The next time we have an opportunity to discuss with our neighbors a regional police force, I would strongly beg you guys to participate this time around,” said Rowe. “That’s the way it’s going.”

In other news, supervisors:

• Unanimously agreed to accept a $10,000 deal with the insurance company representing a vehicle that damaged a township fire hydrant and release the driver from remaining costs. The driver had a $10,000 coverage policy, Bametzreider reported, and no assets to be found. If the township pursued the driver for the remainder of damages, he said, it would likely incur more costs in legal fees than the around $5,000 not covered by the $10,000 claim.
• Unanimously approved the sewer line dedication for 234 Millbach Road.
• Heard that Bametzreider is working on a draft of a data center ordinance.
• Tabled action on the Permit Manager software.
• Unanimously approved two applications to the fire police.
• Unanimously approved a $568.90 remote deposit reader purchase.
• Heard that the township received a $4,304.12 reimbursement from PennDOT for severe weather last winter.
• Unanimously approved the release of $14,011.50 in the escrow for 139 Distillery Road, leaving $8,176.50.
• Unanimously approved a payment of $11,919.58 to D&T Electric for services in the township building renovation project.
• Unanimously approved the payment of bills and minutes.

Heidelberg Township supervisors meet the fourth Tuesday of each month at 6:30 p.m. Due to renovations at the township building, meetings are held at Schaefferstown Fire Hall, 200 N. Locust St. Meetings are open to the public and do not require prior registration.