[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 3-27-1979 by Ord. No. O:79-12 (Ch. 38A of the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 67.
Whenever any words and phrases are used in this chapter, the meanings respectively ascribed to them in Subtitle 1 of Title 39 of the Revised Statutes of New Jersey shall be deemed to apply to such words and phrases used therein.[1]
[1]
Editor's Note: Original § 38A-2, Designation of restricted spaces, which previously followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Superintendent of Public Works is hereby directed to have proper signs calling attention to provisions of this chapter erected or placed upon said streets.
[Added 5-4-2004 by Ord. No. O:2004-14]
A. 
All persons requesting a new on-street resident handicapped parking space must be residents of the Town of Phillipsburg.
B. 
All persons requesting a new on-street resident handicapped parking space must present proof that they have been issued a wheelchair symbol license plate or handicapped windshield placard by the New Jersey Division of Motor Vehicles. Said license plate and/or placard must be properly displayed in either the handicapped resident's vehicle or the vehicle that provides the primary transportation services for the resident.
C. 
Written requests for a new on-street resident handicapped parking space should be submitted by way of letter to the Town of Phillipsburg Town Engineer's Office (located in the Municipal Building) and must include:
(1) 
The full name and street address of the handicapped resident;
(2) 
A clear copy of the resident's handicapped identification card (issued by the state with their handicapped license plate or placard);
(3) 
The address and proposed location at said address for the on-street handicapped parking space; and
(4) 
The license plate designation of the primary vehicle expected to utilize the new handicapped parking space.
D. 
The Town Engineer or his designee shall review each written request for a new on-street resident handicapped parking space and may require submission of further documentation deemed necessary to properly assess the request. The Town Engineer shall also conduct an on-sight inspection at the proposed site for the new handicapped parking space to confirm that:
(1) 
There is sufficient space adjacent to the handicapped person's residence for the proposed on-street resident handicapped parking space;
(2) 
The proposed handicapped parking space will not unreasonably interfere with the normal flow of traffic; and
(3) 
The handicapped person's residence does not already provide available off-street parking.
E. 
Should the Town Engineer recommend denial of a request for a new on-street resident handicapped parking space, the person requesting the new handicapped parking space may appeal the recommendation to the Town of Phillipsburg Town Council by way of written request submitted to the Town Clerk within one month from the date of mailing of the Town Engineer's denial of their request. If no such written appeal is submitted to the Town Clerk, their request for the new on-street resident handicapped parking space will be deemed denied.
F. 
Should the Town Engineer recommend approval of a request for a new on-street resident handicapped parking space or should his denial be properly appealed, the Town of Phillipsburg Town Council shall review the recommendation or appeal. The Town Council shall retain reasonable discretion to grant, deny or alter requests based upon the individual circumstances and needs at issue in each case. Absent exceptional circumstances, however, new on-street handicapped parking spaces should ordinarily be granted only when the request meets the requirements of this provision (§ 414-3) and when the requested parking space can be placed fully within the property lines of the subject property.
G. 
All new on-street resident handicapped parking spaces approved by the Town Council shall be set by resolution of the Town Council, designating the name of the subject street, the side of said street where the resident resides, and a description of the allowed parking area in front of the subject property. The designated space shall be for the sole use of the resident who requested same and the Town shall implement a system to so identify the designated space as the specifically reserved space of the resident. The Phillipsburg Police Department is authorized to enforce the provisions of this subsection and any person found to be parked in such a space in contravention of this subsection shall be subject to the General Penalties provision of the Town Code.
[Amended 3-5-2019 by Ord. No. O:2019-06]
[Added 5-4-2004 by Ord. No. O:2004-14]
A. 
All established on-street resident handicapped parking spaces existing on or before May 1, 2004, shall be grandfathered and shall remain in place irrespective of whether they were designated or renewed pursuant to the current or previous procedures set forth in this chapter.
B. 
All existing on-street resident handicapped parking space designations must be renewed on annual basis.
C. 
All persons seeking annual renewal of a designated on-street resident handicapped parking space should submit a request for said renewal no later than December 15 of each year, by way of letter to the Town of Phillipsburg Town Engineer's office (located in the Municipal Building). Written requests for renewal shall include a clear explanation of the resident's continuing need for the on-street handicapped parking space. Renewals will be regularly and liberally granted. However, when deemed reasonably necessary, the Town Engineer's office may request that the renewal applicant present medical or other certification to confirm their continuing need for said on-street handicapped parking.
D. 
Should the Town Engineer recommend denial of a request for renewal of an existing on-street resident handicapped parking space, the person requesting the renewal may appeal the recommendation to the Town of Phillipsburg Town Council by way of written request submitted to the Town Clerk within one month from the date of mailing of the Town Engineer's denial of their request. However, if no such written appeal is submitted to the Town Clerk, the request for the renewal of the on-street resident handicapped parking space will be deemed denied.
E. 
Should the Town Engineer recommend approval of the renewal or should his denial of the renewal be properly appealed, the Town of Phillipsburg Town Council shall review the recommendation or appeal as soon as reasonably possible. The Town Council shall retain reasonable discretion to grant or to deny each recommendation and appeal based upon the individual circumstances and needs at issue in each case.
F. 
All designated on-street resident handicapped parking spaces that are not successfully renewed pursuant to this § 414-4 shall have their designation repealed by resolution of the Township Council.
G. 
Immediately following the passage of this section, the Mayor of the Town of Phillipsburg may require that renewal requests be submitted to the Town Engineer's office pursuant to this § 414-4 for all existing on-street resident handicapped parking spaces within the Town of Phillipsburg.