[Added 2-25-2019 by Ord. No. 2019-2; amended 10-19-2020 by Ord. No. 2020-13]
The purpose of this article is to establish an expedited procedure for the application, review and issuance of restricted on-street parking areas for parking by a handicapped person, which person has been issued a windshield placard or wheelchair symbol license plate for the vehicle owned by the handicapped person, or a vehicle owned by a member of the immediate family who resides with the handicapped person throughout the Borough of Prospect Park.
A. 
Any resident requesting the issuance of a designated handicapped parking space in the Borough of Prospect Park must complete, file and submit a formal application with the Borough Administrator along with the associated fees. All handicapped parking spaces shall be subject to annual renewal.
B. 
The application shall require the applicant to provide the following documentation:
(1) 
The applicant must possess a disabled person identification card issued by the New Jersey Motor Vehicle Commission.
(2) 
The applicant must furnish to the Borough a valid motor vehicle registration for the vehicle requiring the space and, if the applicant is the vehicle operator, a valid motor vehicle operator license.
(3) 
The applicant may request a designated handicapped parking space only for the applicant's place of residence.
(4) 
An applicant wishing to further restrict the space to use only by a vehicle bearing a specific license plate number may expressly request the said restriction in his or her application, while noting the license number in the said application. An applicant wishing to add such a restriction to an already existing handicapped space or, conversely, an applicant wishing to remove such a restriction, may so request by filing an amended application.
C. 
The completed application, together with the required documentation and the appropriate fees as required, shall be submitted with the Borough Administrator and shall constitute a request for a designated handicapped parking space.
A. 
There is hereby established a Parking Review Committee to review and approve the placement of on-street handicapped parking. The Parking Review Committee shall also conduct an annual review of designated handicapped spaces throughout the Borough of Prospect Park. The members of the Parking Review Committee shall be the Borough Administrator, the Chief of Police, or his/her designee and the Director of Public Works.
B. 
Upon completion of the application, together with the required documentation required above and the submission of the appropriate fees, if any, the request for a designated handicapped parking space shall be forwarded to the Committee to review, approve and/or deny said request.
C. 
The Parking Review Committee shall annually review all designated handicapped parking spaces throughout the Borough of Prospect Park. The Committee may request from a recipient/beneficiary of a designated handicapped parking space documentation indicating that a valid and continued need for the handicapped parking space exists. In the event that such documentation is not received within 30 days of the request, the Parking Review Committee may direct the Department of Public Works to remove the handicapped parking space sign at that location and a resolution or ordinance will be presented to the Borough Council to repeal the designated handicapped parking space.
Notwithstanding an applicant's compliance with § 84-46, above, an application for handicapped parking space shall be denied if:
A. 
Pursuant to applicable state or municipal law, the parking of motor vehicles is prohibited at the location of the requested handicapped parking space or the permitting of such parking would interfere with the normal flow of traffic;
B. 
The applicant is the owner of the property at which the space/area/zone is to be designated and has reasonable access to a driveway on the property or reasonable access to some other area of the property which may achieve the requested purpose of the application;
C. 
For purposes of the request for a designated handicapped parking space, the applicant is not the operator of the vehicle for which the handicapped parking space is required, unless the State of New Jersey Motor Vehicle Commission has issued the applicant a windshield placard or wheelchair symbol license plates for a vehicle owned by the handicapped person or owned by another occupant of the residence who is a member of the immediate family of the handicapped person;
D. 
For purposes of the request for a designated handicapped parking space, the applicant resides, either as a tenant or an owner, which provides off-street parking and has reasonable access to said parking and/or an on-street handicapped parking space has already been designated; or
E. 
Due to the lack of on-street parking available, the Borough is unable to accommodate and/or approve the request.
A. 
When an applicant has been denied a request for a handicapped parking space by the Parking Review Committee on the basis of the criteria contained in § 84-48 of this chapter, the applicant has the right to appeal, within 10 days of such denial, to the Borough of Prospect Park Municipal Council by filing a written notice to the Municipal Clerk of the Borough.
B. 
Denials based upon parking restrictions or traffic considerations outlined in § 84-48A or E of this chapter, however, are not subject to appeal and require a revision of the location for the space.
C. 
Denials based upon the failure to provide or comply with § 84-46 hereof are not subject to appeal to the Council of the Borough of Prospect Park.
A. 
Upon approval of a request for a handicapped parking space, the Parking Review Committee shall forward said request for passage of a resolution approving said request by the Municipal Council at the following Borough Council meeting. Upon approval of said resolution designating said handicapped space, the applicant shall receive correspondence notifying the applicant that the space has been so designated and the Department of Public Works shall be notified for the installation of the appropriate signage.
B. 
The Municipal Council shall semiannually adopt an ordinance confirming the resolution(s) of approval of the approved handicapped parking spaces. The final passage of the ordinance shall not delay the installation of the appropriate signage, the effectiveness of the approval and/or the enforcement of the parking regulations.
C. 
The recipient and/or beneficiary of the designated parking space/area/zone shall have a continued duty and/or obligation to the Borough of Prospect Park to advise the Borough in the event that the designated handicapped parking space is no longer required and to pay any associated fees established by the Borough relating to the continuation of the designated handicapped parking place.
[Added 10-19-2020 by Ord. No. 2020-13]
The purpose of the article is to establish the procedures and criteria for the application, review and approval of time limit parking designations throughout the Borough of Prospect Park.
A. 
Any person, business, entity, or property owner requesting the designation of a time limit parking area/zone within the Borough of Prospect Park must complete, file and submit an application with the Borough Administrator along with the associated fees, if any. All designations for time limit parking areas/zones shall be subject to annual renewal.
B. 
The application for designation of time limit parking shall require the applicant for designation of a time limit parking area/zone to demonstrate a compelling necessity for the designation of a time limit parking zone/area which is beyond convenience to the applicant and should also demonstrate that said benefits could not be met by ways other than the designation of time limit parking zone. The applicant shall also provide the specific location, time limits sought and the applicable days of the week and times of the day for which the time limit parking would apply.
C. 
The completed application, together with the required documentation and the appropriate fees, as required, shall be submitted with the Borough Administrator and shall constitute a request for a designated time limit parking area/zone.
A. 
The Parking Review Committee made up of the Borough Administrator, the Chief of Police, or his/her designee and the Director of Public Works shall review and approve the designation for time limit parking areas/zones. The Parking Review Committee shall also conduct an annual review of the time limit parking designated areas/zones throughout the Borough of Prospect Park.
B. 
In the review of the designation for time limit parking areas/zones, there shall be a presumption of time limits allowed based upon the goods/services offered by the applicant, as follows:
Business Type
Presumed Time Limit
Number of Spaces
Personal care, medical
30 minutes
1
Pharmacy
15 minutes
1
Grocery and/or convenient stores
30 minutes
1
Restaurants
15 minutes, 30 minutes and/or 2 hours, dependent upon the type of services primarily offered, i.e., dine-in services and/or takeout services
1
C. 
Upon completion of the application together with the required documentation required above and the submission of the appropriate fees, if any, the request for designation of a time limit parking area/zone shall be forwarded to the Committee to review, approve and/or deny said request.
D. 
The Parking Review Committee shall annually review all designations for time limit parking areas/zones throughout the Borough of Prospect Park. The Committee may request from a recipient/beneficiary of a time limit parking area/zone designation indicating that a valid and continued need for the time limit parking area continues to exist. In the event that such documentation is not received within 30 days of the request, the Parking Review Committee may direct the Department of Public Works to remove the time limit parking sign at that location and a resolution or ordinance will be presented to the Borough Council to repeal the designated time limit parking area/zone. In addition, upon review, the Parking Review Committee may recommend to the Borough Council that it rescind and/or revoke any of its designations for time limit parking areas/zones in the event that it is not in the best interest of the Borough of Prospect Park.
Notwithstanding an applicant's compliance with the above, an application for the designation for a time limit parking area/zone shall be denied if:
A. 
Pursuant to applicable state or municipal law, the parking of motor vehicles is prohibited at the location of the time limit parking area or the permitting of such parking would interfere with the normal flow of traffic;
B. 
The applicant is the owner of the property at which the space/area/zone is to be designated and has reasonable access to a parking lot on the property or reasonable access to some other area of the property which may achieve the requested purpose of the application;
C. 
Due to the lack of on-street parking available, the Borough is unable to accommodate and/or approve the request.
When an applicant has been denied a request for a designation for a time limit parking area/zone by the Parking Review Committee, the applicant has the right to appeal, within 10 days of such denial, to the Borough of Prospect Park Municipal Council by filing a written notice to the Municipal Clerk of the Borough.
A. 
Upon approval of a request for a designated time limit area/zone, the Parking Review Committee shall forward said request for passage of a resolution approving said request by the Municipal Council at the following Borough Council meeting. Upon approval of said resolution designating said time limit parking area/zone, the applicant shall receive correspondence notifying the applicant that the space has been so designated and the Department of Public Works shall be notified for the installation of the appropriate signage.
B. 
The Municipal Council shall semiannually adopt an ordinance confirming the resolution(s) of approval of the approved time limit parking zones. The final passage of the ordinance shall not delay the installation of the appropriate signage, the effectiveness of the approval and/or the enforcement of the parking regulations.
C. 
The recipient and/or beneficiary of the designated parking space/area/zone shall have a continued duty and/or obligation to the Borough of Prospect Park to advise the Borough in the event that the designated time limit parking zone is no longer required and to pay any associated fees established by the Borough relating to the continuation of the designated time limit parking zone.