[Ord. 808-14, 11/3/2014; as amended by Ord. 827-17, 6/26/2017;
and by Ord. No. 835-18, 5/29/2018]
As used in this Part, the following terms shall have the meanings
indicated:
Any individual or business entity who has a place of business
located within the Borough of Hamburg, who applies for the establishment
of a loading zone near their place of business.
The Borough of Hamburg, Berks County, Pennsylvania.
The Roads and/or Street Committee of the Borough Council
of the Borough, together with the Borough Manager and the Chief of
Police.
A parking space reserved for the use of the approved applicant
to load or unload passengers, merchandise or materials, or to allow
for temporary parking for visitors/patrons, all of which are subject
to the regulations contained in this Part.
The definition of a "loading zone" shall include both:
A loading zone for temporary parking for visitors/patrons of
an applicant for a period of 10 minutes (the "temporary ten-minute
loading zone");
A loading zone for loading and/or unloading of passengers for
20 minutes and loading and/or unloading of merchandise or materials
for 30 minutes (the "original thirty-minute loading zone"); and
A loading zone for temporary parking for visitors/patrons of
an applicant for a period of one hour (the "temporary one-hour loading
zone").
[Ord. 808-14, 11/3/2014; as amended by Ord. 827-17, 6/26/2017;
and by Ord. No. 835-18, 5/29/2018]
An applicant meeting the criteria set forth in this Part shall
be eligible for the establishment of a loading zone at or near their
place of business, which shall be marked with appropriate signage
all in accordance with Pennsylvania law, to be installed in front
of the applicant's business to accommodate the loading/parking needs
in accordance with the guidelines of this Part.
[Ord. 808-14, 11/3/2014; as amended by Ord. 827-17, 6/26/2017;
and by Ord. No. 835-18, 5/29/2018]
Loading zones are intended to provide safe and convenient space
for the temporary parking of vehicles for the purpose of:
1.
Loading or unloading passengers for a period of 20 minutes, and/or
the loading or unloading of materials and/or merchandise for a period
of 30 minutes;
2.
The temporary parking needs for visitors/patrons for a period of
10 minutes; and
3.
The temporary parking needs for visitors/patrons for a period of
one hour, all pursuant to a lawful business activity conducted within
the Borough of Hamburg.
[Ord. 808-14, 11/3/2014; as amended by Ord. 827-17, 6/26/2017;
and by Ord. No. 835-18, 5/29/2018]
1.
Any business entity or individual engaged in a business activity within the Borough of Hamburg may apply for the establishment of a loading zone through the process set forth in § 15-1005 of this Part in accordance with the terms and conditions of this Part.
2.
A loading zone within the Borough remains open for use by any individual
or business engaged in business within the Borough of Hamburg. Accordingly,
a business which is approved for a loading zone at or near its place
of business does not obtain an exclusive right to the use of said
loading zone for the purposes permitted at that location.
[Ord. 808-14, 11/3/2014; as amended by Ord. 827-17, 6/26/2017;
and by Ord. No. 835-18, 5/29/2018]
1.
Application. The applicant may request the establishment of a loading
zone at or near the place of business by submitting an application
to the Borough Manager, provided that said application shall specify
the request for either a temporary ten-minute loading zone, an original
thirty-minute loading zone, or a temporary one-hour loading zone.
The application shall be made on a form provided by the Borough Manager.
A copy of said forms are attached hereto and incorporated herein as
Exhibit A.[1] The Borough Council may from time to time amend this form
as necessary by resolution.
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
2.
Criteria. In order for an application to establish a loading zone
to be approved, the applicant shall meet the following conditions:
A.
The applicant must be engaged in a business or professional activity
in the Borough.
C.
Before a permit is issued, an inspection and installation fee must
be paid to the Borough of Hamburg. This installation fee shall be
in an amount equal to the actual administrative, public works and/or
legal review time and materials expended by the Borough in order to
install the loading zone plus $150. This installation fee may be amended
from time to time by resolution of the Borough Council.
D.
Any permit issued for a loading zone is valid for one year only and
is not transferable to another person, firm or location.
E.
A permit for a loading zone may be canceled by the Borough of Hamburg
with 15 written days' notice, with or without reason.
F.
Permits for a loading zone are reissued upon payment of an annual
maintenance fee in the amount of $75, which fee may be amended from
time to time by resolution of the Borough Council.
G.
In the event that the business location associated with an approved
loading zone desires to change the location, the applicant must notify
the Borough Manager of the Borough of Hamburg within 15 days of the
proposed date of change of location; and if the change of location
is outside of the same block as the existing location, the applicant
shall submit an application for a new loading zone hereunder.
H.
All vehicles utilizing the loading zone shall be parked parallel
to the edge of the roadway, headed in the direction of traffic, with
the wheels placed approximately six inches from the curb.
I.
Vehicles are permitted to remain in the loading zone:
(1)
For a temporary ten-minute loading zone: a period of 10 minutes;
or
(2)
For an original thirty-minute loading zone: a period of 30 minutes
for the loading and/or unloading of materials and/or merchandise or
for the loading and/or unloading of passengers for a period of 20
minutes; or
(3)
For a temporary one-hour loading zone: a period of one hour
or 60 minutes.
J.
If any individual or entity is found to be abusing its privileges
with regard to any loading zone established within the Borough of
Hamburg, the individual or entity will be issued a warning from the
Borough of Hamburg. If the behavior complained of in the warning continues,
the loading zone permit will be canceled with 15 days' written notice.
K.
All loading zones and the use thereof shall otherwise be in compliance
with the Pennsylvania Vehicle Code and all other applicable federal,
state and/or local rules and regulations at all times.
3.
Review. Upon receipt of a completed application for a loading zone, the Borough Manager shall immediately forward the application to the Committee, which shall have a period of 30 days from the date of submission of the application to review the application and issue a final determination. The Committee shall review the application to determine if the application meets all of the criteria set forth in Subsection 2 of this section. Following the review of such application, a timely final determination shall be made by the Committee, and written notice of such determination shall be issued by the Borough to the applicant.
4.
Appeal. An aggrieved applicant shall have the ability to appeal a
final determination of the Committee to the entire Borough Council
of the Borough. An applicant shall file such appeal by submitting
a written request for reconsideration in writing to the Borough Manager
within 10 days of the date of the final determination by the Committee.
Upon such appeal, the Borough Council of the Borough shall review
the application to determine whether the decision of the Committee
shall be affirmed or reversed. The Borough Council of the Borough
shall issue a decision on the appeal within 30 days of receipt of
the appeal request from the aggrieved applicant. The aggrieved applicant
shall have the ability to appeal any decision of the Borough Council
of the Borough to the Berks County Court of Common Pleas in accordance
with the Pennsylvania Local Agency Law.[2]
[2]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
5.
Deemed Denial. If the Committee fails to timely issue a final determination in accordance with Subsection 3 of this section or if the Borough Council of the Borough fails to timely issue a decision on an appeal of a final determination in accordance with Subsection 4 of this section, the application of the applicant shall be deemed denied by the Committee and/or the Borough Council of the Borough, as applicable. An aggrieved applicant shall have the ability to appeal a deemed denial hereunder in accordance with Subsection 4 of this section.
6.
Approval and Installation. If the application is approved, the Borough
Manager shall cause a sign to be erected at the location of the approved
loading zone and mark the location and size of the approved loading
zone to be used. The approval shall expire 12 months from the date
of installation, unless renewed in accordance with Subsection 2F of
this section.
[Ord. 808-14, 11/3/2014; as amended by Ord. 827-17, 6/26/2017;
and by Ord. No. 835-18, 5/29/2018]
1.
An individual who submits a false application or renewal application
for the establishment of a loading zone shall, upon conviction thereof,
be fined $500 plus costs, or be subject to imprisonment for not more
than 30 days, or both. Each false application submitted shall constitute
a separate violation of this Part.
2.
An individual or business entity who fails to timely report a change
in its business location to the Borough Manager as required by this
Part shall, upon conviction thereof, be fined $100 plus costs. Each
day that the change in condition is not reported shall constitute
a separate violation of this Part.
3.
An individual who parks a motor vehicle unlawfully in a loading zone
shall, upon conviction thereof, be fined $250 plus costs, or be subject
to imprisonment for not more than 30 days, or both.
