[Amended 2-11-2008 by Ord. No. 554]
The owners of all properties located within 60 feet of the proposed
parking place for the handicapped person or severely disabled veteran
shall be notified by the Borough. The notice shall also contain a
statement that the owner may submit written comments on such request
to the Zoning Officer giving the notice within 30 days following the
date of the notice.
[Amended 11-10-2003 by Ord. No. 505; 2-11-2008 by Ord. No. 554]
The Dallastown Borough Zoning Officer shall review all requests for a parking place to be reserved for a handicapped person or severely disabled veteran and shall obtain a traffic and engineering study regarding the request if the regulations of the Pennsylvania Department of Transportation require such study. The Zoning Officer shall determine whether to grant or to deny the request following consideration of the criteria for the same stated in §
212-32, the traffic and engineering study, if one is required, and any written comments from adjacent property owners. The Zoning Officer shall make such determination, in writing, within 60 days following receipt of such request by the Borough. The written determination shall be mailed, by regular mail, to the person who submitted the request and to any adjacent property owner who has requested the same in writing. In the event the Zoning Officer is unavailable, the Dallastown Borough Manager shall perform the foregoing review and determination. If the determination upon the aforesaid request is not made within 60 days following receipt of the request by the Borough, then appeal therefrom may be made by the applicant to the Dallastown Borough Council which may consider the request at a regularly scheduled Council meeting held following the end of that sixty-day period.
[Amended 6-9-2003 by Ord.
No. 495; 2-11-2008 by Ord. No. 554]
If the request is granted, a handicapped parking place shall
be reserved at the location approved, which reservation shall be valid
for one year, subject to review as set forth below. The determination
shall be kept on file in the Dallastown Borough Office with other
determinations made on applications for parking places for handicapped
persons or severely disabled veterans, which record shall be available
for public inspection. The appropriate sign shall be posted at that
location upon the applicant depositing with the Borough a sum sufficient
to pay for the sign, sign post, erection of the sign and any advertising
that may have been done or may be needed regarding the requested handicapped
parking space, which amount will be determined by the Borough Manager
based upon the then-current costs for the same. The approval of the
request shall not take full effect until the said deposit is made.
If the amount so deposited is more than the actual cost of these items
for the handicapped parking space requested by the applicant, then
the balance remaining shall be refunded to the applicant. If the amount
so deposited is insufficient to cover the actual cost of these items
for such handicapped parking space, then the applicant and the handicapped
person or severely disabled veteran on whose behalf the handicapped
parking space was requested shall pay the uncovered excess to the
Borough within 30 days after the Borough sends the bill for the same,
and, if not timely paid, then legal action to recover the same may
be initiated against the applicant and the handicapped person or severely
disabled veteran on whose behalf the handicapped parking space was
requested, and a municipal claim may be filed against the property
of the handicapped person or severely disabled veteran listed in the
application, if owned by such person, including attorneys' fees for
any action for collection.
The parking of any vehicle not lawfully bearing a handicapped
or severely disabled veteran registration plate or displaying a handicapped
or severely disabled veteran parking placard when such vehicle is
being operated by or for the transportation of a handicapped person
or a severely disabled veteran shall be prohibited at all times in
any handicapped parking place reserved by resolution in accordance
with this article, and no parking is or shall be allowed at any such
handicapped parking place by others.
[Amended 2-11-2008 by Ord. No. 554]
The applicant shall submit review data once annually on a form
provided by the Borough. The Dallastown Borough Zoning Officer shall
review all handicapped parking places or areas at least once annually
to determine whether any person for whom a handicapped parking place
has been reserved continues to be eligible under the criteria set
forth herein or under any other conditions which may be imposed by
the Dallastown Borough Council from time to time. In making said determination,
the Zoning Officer shall consider the review data submitted by the
applicant. If the applicant does not submit the review data, despite
having been sent the form for the same, the Zoning Officer may take
that fact into consideration in making the determination under this
section.
[Amended 2-11-2008 by Ord. No. 554]
The Dallastown Borough Zoning Officer may terminate the approval
of a handicapped parking place and direct the removal of any handicapped
parking sign if there is a change of circumstances which would render
the handicapped person or severely disabled veteran for whom the handicapped
parking space was reserved ineligible for a handicapped parking place
under the criteria set forth herein or under any other conditions
which may be imposed by the Dallastown Borough Council. A determination
of termination under this section shall be kept on file at the Dallastown
Borough Office with other such termination determinations, which records
shall be available for public inspection.
Pursuant to the authority granted by the Vehicle Code of Pennsylvania,
the Dallastown Borough Council may establish handicapped parking places
within the Borough of Dallastown in any other manner and at any time
that the Dallastown Borough Council deems appropriate.
Any person violating any of the provisions of this article shall,
upon summary conviction thereof, be sentenced to pay a fine of not
less than $50 nor more than $200, plus costs of prosecution, together
with any other fine separately imposed under the Vehicle Code, provided
that the total of such fines shall not exceed $600.