[Added 8-4-2008 by Ord.
No. 2008-14 (1042)]
The owner of any residential property located within the Residence Districts A, B, and C as defined in Chapter 90 of the Code of the Borough of Lavallette may apply for a residential parking permit for a dedicated parking space which is located in whole or in part ("in part" meaning more than 50%) in proximity to that subject residential property under the following conditions:
A.
The subject residential property has no off-street parking under
the terms of its original construction permit, or by virtue of any
approved site plan; and
A.
Application for a residential parking permit shall be made annually
to the Borough Clerk on a form approved by the Borough Council. Initial
applications shall be accompanied by a recent survey last made within
10 years of the application, showing the subject property and adjacent
properties. In the alternative, the application shall be accompanied
by a certified copy of the Borough Tax Map showing the relative locations
of the subject property and adjacent properties.
[Amended 6-6-2022 by Ord. No. 2022-05 (1223)]
B.
An application for a residential parking permit may be granted, in
its complete discretion, by the Borough Council if the Borough Council
finds that:
(1)
The subject residential property has no off-street parking under
the terms of its original construction permit, or by virtue of any
approved site plan; and
(3)
Granting the residential parking permit will not unduly infringe
upon the rights of others to the use and occupancy of the public street
upon which the subject property, adjacent properties and/or other
properties on the street are located.
C.
In no circumstance shall a residential parking permit be issuable
to the owner of a subject property which could accommodate off-street
parking but for the improvement of the property by any act or omission
to act which was not the subject of a duly issued permit for development
or construction by the Borough of Lavallette.
D.
A hardship residential parking permit may issue to the owner of a subject property where the Borough Council otherwise determines that the conditions merit a hardship, but one or more of the conditions set forth above in Subsections B(1) through (3) and C are not satisfied. The vote on a hardship residential parking permit shall be by a two-thirds vote of the membership of the Borough Council.
[Amended 6-6-2022 by Ord. No. 2022-05 (1223)]
A.
All residential parking permits shall expire on December 31 of the
year in which issued. Previously granted residential parking permits
which are not renewed by January 31 of the year succeeding expiration
of the residential parking space are subject to removal of any signage
and restoration of the parking space for general use.
B.
To cover the Borough's costs in marking and delineating the space
and issuing a window residential parking decal for a space designated
as a residential parking space, the property owner shall pay a non-prorated
one-time fee of $250 to the Borough Clerk upon issuance of the permit.
In the event a property owner shall allow his/her residential parking
permit to lapse for more than 31 days after the December 31 expiration
date before renewal, a new marking and delineating fee may be charged
if such signage or marking has been removed prior to renewal by that
property owner.
C.
The property owner shall pay a non-prorated fee of $300 per annum
to the Borough Clerk for the first year of the residential parking
permit. Such non-prorated fee shall be reduced to a non-prorated fee
of $150 per annum payable to the Borough Clerk for each year thereafter.
D.
The Borough
shall issue a window residential parking permit decal to be displayed
on the vehicle, for which the residential parking permit is issued,
in the rear driver side window.
E.
Residential
parking permits are not transferable, are intended for residents only,
and shall not be issued to tenants. Residential parking permits shall
not be issued to any owner of a rental property for use by tenants
or third parties. Residential parking permits shall expire upon sale
or transfer of the property for which the residential parking permit
is issued.
F.
There shall
be no per annum fee for a residential parking permit for disabled
citizens and veterans, subject to verification of disability through
valid disabled parking vehicle registration, placard or other documentation
issued by the New Jersey Motor Vehicle Commission or law enforcement
agency. However, disabled citizens shall still pay the non-prorated
one-time fee of $250 to defray the Borough's cost of marking and delineating
the space reserved for such residential parking permit. There are
no senior discounts or waivers of fees. Disabled veterans shall not
pay any marking and delineation fee.
[Amended 12-21-2009 by Ord. No. 2009-17 (1070)]
A.
Any person who shall be convicted of a violation of a provision of
this article shall, upon conviction thereof by any court authorized
by law to hear and determine the matter, be subject to a fine of no
less than $100 and no more than $300 for a first offense, nor more
than $500 for a second offense, and may be subject to forfeiture of
any parking permit privileges under this article as the court, in
its discretion, may impose. Each day that such violation exists shall
constitute a separate offense.
B.
Any person who is not authorized to park in a duly marked and delineated
space designated as a residential parking permit space, and who parks
a vehicle in such a space, may be issued a summons pursuant to this
article. Any person who shall be convicted of a violation of this
provision of this article shall, upon conviction thereof by any court
authorized by law to hear and determine the matter, be subject to
a fine of no less than $100 and no more than $300 for a first offense,
nor more than $500 for a second offense.[1]
[1]
Editor's Note: Former Subsection C, regarding unauthorized
persons parking in duly marked and delineated spaces designated as
residential parking permit spaces, which immediately followed, was
repealed 6-6-2022 by Ord. No. 2022-05 (1223).
