[1]
Editor's Note: This article was originally
adopted 1-11-1972 by Ord. No. 1972-1.
As used in this article, the following terms
shall have the meanings indicated:
A fire department vehicle, police vehicle, ambulance, blood
delivery vehicle, armed forces emergency vehicle, one private vehicle
of a fire or police chief or assistant chief, or ambulance corps commander
or assistant commander, or of a river rescue commander used for answering
emergency calls, or other vehicle designated by the State Police under
§ 6106 of the Vehicle Code (relating to designation of emergency
vehicles by Pennsylvania State Police).
[Added 8-14-2018 by Ord.
No. 2018-7; amended 5-14-2019 by Ord. No. 2019-3]
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.
[Added 8-14-2018 by Ord.
No. 2018-7; amended 5-14-2019 by Ord. No. 2019-3]
The sum of the weight of the motor vehicle or combination
of vehicles of which a motor vehicle is a part plus the load.
Any road, located within Lehigh Township, Northampton County,
Pennsylvania, which is under the jurisdiction of and for the maintenance
of which the Township of Lehigh is responsible.
Those items or materials, either liquid or solid, which are
being carried on or transported by a motor vehicle or combination
of vehicles of which a motor vehicle is a part.
Emergency vehicles and school buses, defined hereinafter,
vehicles and combinations or governmental entities and utilities where
their contractors are engaged in construction or maintenance on a
posted highway or in a location which can be reached only via a posted
highway, and vehicles and combinations going to or coming from a residence
or farm located on a posted highway or which can be reached only via
a posted highway.
[Added 8-14-2018 by Ord.
No. 2018-7; amended 5-14-2019 by Ord. No. 2019-3]
Any vehicle or combination as defined and/or governed by
the Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended.
[Added 8-14-2018 by Ord.
No. 2018-7; amended 5-14-2019 by Ord. No. 2019-3]
The Department, as to state-designated highways and local
authorities, as to all other streets and highways.
[Added 8-14-2018 by Ord.
No. 2018-7; amended 5-14-2019 by Ord. No. 2019-3]
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 Section 189.4(f)(1)[1] (relating to use under permit).
[Added 8-14-2018 by Ord.
No. 2018-7; amended 5-14-2019 by Ord. No. 2019-3]
A vehicle or combination having a gross weight in excess
of a posted weight limit.
[Added 8-14-2018 by Ord.
No. 2018-7; amended 5-14-2019 by Ord. No. 2019-3]
A highway having a posted weight limit.
[Added 8-14-2018 by Ord.
No. 2018-7; amended 5-14-2019 by Ord. No. 2019-3]
A restricted weight limit posted on a highway under authority
of 75 Pa.C.S.A. § 4902.
[Added 8-14-2018 by Ord.
No. 2018-7; amended 5-14-2019 by Ord. No. 2019-3]
The weight which is stamped, printed, or typed upon the owner's
motor vehicle registration card.
SCHOOL BUS
A motor vehicle designated for carrying more than 10 passengers,
exclusive of the driver, and used for the transportation of school
children.
[Added 8-14-2018 by Ord.
No. 2018-7; amended 5-14-2019 by Ord. No. 2019-3]
The written paper, card or certificate issued the operator
or owner of the motor vehicle or combination of vehicles of which
a motor vehicle is a part upon which is written, stamped, printed,
or typed the weight of the load being carried or transported therein.
[1]
Editor's Note: See 67 Pa. Code § 189.4(f)(1).
[Amended 5-13-2003 by Ord. No. 2003-1]
It shall be unlawful for any person to operate
or move, or for the owner to cause or knowingly permit to be driven
or moved, any motor vehicle or combination of which one or more motor
vehicles are a part which has a gross weight exceeding eight tons
on any Lehigh Township Road.
A.
The registered gross weight of a motor vehicle or
combination of which a motor vehicle is a part shall be prima facie
evidence of the actual gross weight of said motor vehicle or combination
of which a motor vehicle is a part.
B.
The weight set forth on the weight slip shall be prima
facie evidence of the actual gross weight of the load being transported
by the motor vehicle or combination of which a motor vehicle is a
part.
A.
Any police officer of the Township of Lehigh who shall
be in uniform, and shall exhibit his badge or other sign of authority,
having reason to believe that the gross weight of a motor vehicle
or combination of vehicles of which a motor vehicle is a part is unlawful,
is authorized to weigh the same, by means of either a portable or
stationary scale, or may require that such vehicle or combination
of vehicles be driven to the nearest stationary scales for weighing.
B.
The certificate of weight obtained from such weighing
shall be prima facie evidence of the actual gross weight of said vehicle
or combination of vehicles.
A.
Signs may be conspicuously posted throughout the Township
of Lehigh by persons designated by the Board indicating the maximum
gross weight permitted on Lehigh Township roads as provided in this
article.
B.
It shall not be a defense to a prosecution brought
pursuant to this article that the defendant did not observe any such
signs prior to his arrest.
[Added 12-26-2001 by Ord.
No. 2001-10; amended 8-14-2018 by Ord. No. 2018-7; 5-14-2019 by Ord. No. 2019-3]
A.
Findings of the Board of Supervisors of Lehigh Township. The Board
of Supervisors has determined and hereby determines based upon weight
and size restrictions based on highway conditions and studies and
otherwise that the following roads will be damaged or destroyed unless
the permissible weight of motor vehicles is restricted to the weight
limits listed. A complete list of roads, identified by their route
number, road name, part of the road restricted and weight limit, is
as follows:
|
Route Number
|
Road Name
|
Between
|
Weight Limit
(tons)
|
|---|---|---|---|
|
T-473
|
South Cottonwood Road
|
Mountain View Drive (S.R. 0946) and Lehigh Drive (S.R. 0248)
|
12
|
|
T-811
|
Indian Trail Road
|
Entire road
|
15
|
|
T-812
|
Cherryville Road
|
Entire road
|
12
|
|
T-814
|
Timberline Road
|
Mountain View Drive (S.R. 0946) and Lehigh Drive (S.R. 0248)
|
12
|
B.
Vehicle weight limits established.
(1)
Pursuant to the findings of Hanover Engineering set forth above and by authority of § 4902 of the Vehicle Code and regulations promulgated thereunder, no motor vehicle or combination shall be operated upon any of the roads listed below with gross weight in excess of the weight limits for said road in Subsection A.
(2)
Local traffic as defined herein may be exempted from the restrictions imposed under Subsection B(1) above. However, if the Board of Supervisors determines that any local traffic is likely to damage the road, the Board of Supervisors will so notify the registrants of the motor vehicle or combination and will also notify State Police. After two business days following delivery of the notice, or after five days following the mailing of the notice, such local traffic vehicles shall not exceed the weight limits except in accordance with Subsection C hereof. Pennsylvania Statutes 75 Pa.C.S.A. § 4902(a) states "School buses, emergency vehicles and vehicles making local deliveries or pickups may be exempted from restriction on the use of highways imposed under this subsection."
C.
Permits and security.
(1)
Individuals or entities wishing to operate vehicles in excess of
established weight limits on restricted weight Township roads or operate
vehicles which are otherwise prohibited on certain Township roads
may apply for a permit to do so on a form provided by the Township.
Said permit application will be referred to the Township Roadmaster,
Public Works Director, Supervisor, Road Foreman, or other designated
decisionmaker who shall:
(a)
Place the issue on the agenda for a meeting of the Board of
Supervisors; and
(b)
Consult with the third-party consultant as necessary to determine
the amount of security/bond to be posted by the applicant. The amount
of security shall be calculated in accordance with Title 67, Chapter
189, of the Pennsylvania Code or its equivalent; and
(c)
Present a recommendation to the Supervisors to include the amount
of security to be posted by the applicant if the permit is approved.
(2)
No permit will be issued until the application is approved by the
Board of Supervisors at a scheduled public meeting and, if required,
security has been posted with the Township Secretary. The Board of
Supervisors may, by resolution, delegate the authority to approve
permits and set security to the Roadmaster or other official of the
Township.
(3)
All actions taken under the authority of this section shall be taken
in accordance with the rules and regulations adopted by the Commonwealth
of Pennsylvania, Department of Transportation, as found in Title 67
of the Pennsylvania Code.
D.
Erection of signs. The Township shall erect or cause to be erected
and maintained restriction signs designating the restrictions at the
end of the portion of road restricted as provided in this subsection.
In the case of a restriction on a road which has not begun or ended
at an intersection with an unrestricted highway, the Township shall
also place an advance informational sign at the intersection nearest
each end of the restricted portion of the road which would allow drivers
to avoid the restricted portion of road.
E.
Penalties for violation. Any person operating a motor vehicle or combination upon a road or bridge in violation of a prohibition or restriction imposed under Subsection B shall, upon conviction by a Magisterial District Justice, pay a fine consistent with the applicable section of the Pennsylvania Motor Vehicle Code in effect at the time of the violation.
