The Council of the Borough of Kutztown considers
it to be in the interest of the citizens of the borough to provide
for the establishment of a residential permit parking program in order
to alleviate the hardship experienced by residents in certain areas
of the borough in obtaining on-street parking space, to preserve the
residential quality of neighborhoods and to provide for improvement
in air quality. The powers and duties as contained in this article
shall be performed by the Mayor and the Police Department of the borough
as more fully described in this article.
Certain streets and other public areas within
the borough may be designated, as provided for in this article, as
permit parking areas in which resident vehicles displaying valid parking
permits may stand or be parked without limitation by parking time
restrictions established by this article. Vehicles not displaying
valid parking permits may stand or be parked for a limited period
of time not to exceed the time specified upon adequately posted signs.
No area within the borough shall be designated
as a residential permit parking area unless said area is within any
one or more of the following zoning districts within the Borough of
Kutztown: R-1 Residential, R-2 Low Density Residential, R-3 Medium
Density Residential, R-4 Medium High Density Residential or R-5 High
Density Residential. In addition, in order for an area to be eligible
for residential permit parking designation, the following additional
criteria must be satisfied:
A. At least 50% of the street level front footage use
is non-business-related.
B. During any period between the hours of 8:00 a.m. and
5:00 p.m. on weekdays, except holidays, the number of vehicles parked
and/or standing, legally or illegally, at on-street parking spaces
is equal to 70% or more of the legal on-street parking capacity of
the area. For purposes of this evaluation, a legal parking space shall
be 20 linear feet.
C. During the same period of time as specified in Subsection
B above, 10% or more of the vehicles parked and/or standing on the streets in the area are not registered in the name of a person residing within a three-block distance of the location at which the vehicle is parked.
Following Borough Council's approval of the
Mayor's designation of a residential permit parking area, the Police
Department of the Borough shall issue appropriate parking permits
and shall cause parking signs to be erected in the designated area
indicating the times and conditions under which parking shall be allowed.
A parking permit shall be issued only upon application and payment
of the applicable fee and only to the owner or operator of a motor
vehicle who resides in the designated residential permit parking area.
Vehicles exceeding a gross weight of 10,000 pounds and/or 20 or more
feet in length are not eligible for parking permits. Two parking permits
shall be issued for each residence or dwelling unit within a designated
residential permit parking area for which a separate electric meter
has been installed if said residence or dwelling unit is situate within
an R-1 Residential Zoning District or an R-2 Low Density Residential
Zoning District of the Borough, and one parking permit shall be issued
for each residence or dwelling unit within the designated residential
permit parking area for which a separate electric meter has been installed
if said residence or dwelling unit is located within an R-3 Medium
Density Residential Zoning District, an R-4 Medium High Density Residential
Zoning District or an R-5 High Density Residential Zoning District
of the Borough. The parking permit shall be issued to the person in
whose name the electric meter is registered; provided, however, that
the parking permit may only be issued for a vehicle owned or used
by a person residing within the residential permit parking area. To
be eligible for a parking permit, residents must prove residency and
vehicle ownership or evidence of having a leased or company-owned
vehicle. The Mayor of the Borough shall establish criteria for proof
of residence.
Each parking permit issued shall be valid for
the calendar year for which such parking permit is issued, and in
the event that such parking permit is issued during the calendar year,
then it shall be valid only for the remainder of said calendar year
for which the parking permit is issued. Parking permits may be renewed
annually upon reapplication in the manner required by the Police Department
of the Borough. Each application or reapplication for a parking permit
shall contain information sufficient to identify the applicant, his
residence address or address or real property owned or leased by the
applicant and located within a residential permit parking area and
the license number(s) on the motor vehicle(s) for which application
is made and such other information that may be deemed relevant by
the Mayor. If the holder of a parking permit acquires a motor vehicle
not included in the holder's initial application or transfers a motor
vehicle previously included in the holder's application, the holder
shall submit to the Police Department of the Borough information concerning
the transfer and/or acquisition deemed relevant by the Mayor.
The initial cost for each residential parking
permit, whether said parking permit is issued for a full calendar
year or any portion thereof, and the cost for each renewal of a residential
parking permit shall be set from time to time by resolution of the
Borough Council.
Parking permits shall be displayed inside the
vehicle for which the parking permit has been issued either on the
top of the dashboard of the vehicle or otherwise so that the parking
permit shall be visible through the windshield of the vehicle.
The Chief of the Police Department of the Borough
is authorized to revoke the residential parking permit of any person
found to be in violation of this article, and, upon written notification
thereof, the person shall surrender such parking permit to the Police
Department of the Borough. Failure, when so requested, to surrender
a residential parking permit so revoked shall constitute a violation
of law and of this article.