[HISTORY: Adopted by the Board of Supervisors of the Township
of Jackson 8-19-2019 by Ord. No. 218-19. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Jackson
Township Fire Lane Ordinance."
This chapter is adopted pursuant to the provisions of the Second
Class Township Code, 53 P.S. § 65101 et seq., as amended
(the "Code"), and, in particular, Section 1527 of the Code, 53 P.S.
§ 66527, which authorizes the Township to adopt ordinances
to secure the safety of persons or property within the Township.
The Board hereby adopts and enacts this chapter to ensure adequate,
unobstructed access by Fire Department vehicles, equipment, and personnel
to properties within the Township to protect and promote the public
health, safety and welfare, by establishing design specifications
and regulations for fire lanes, as well as enforcement provisions.
As used in this chapter, the following terms are hereby given
the meanings set forth below:
Board of Supervisors of Jackson Township, York County, Pennsylvania.
An access lane designed to provide ingress and egress for
Fire Department vehicles, equipment, and personnel to any building
or location in connection with emergency services and/or firefighting
activities.
Any person who is the legal or equitable owner of real property
subject to this chapter or any agent or property manager of the owner
responsible for care, control, and/or maintenance of the property.
Any individual, partnership, business entity, association,
society, trust, corporation, utility company or other legal or commercial
group or entity, whether public, private, for profit or not for profit.
Jackson Township, York County, Pennsylvania.
A.
There shall be established and maintained on all properties devoted
or open to the public, including all commercial, institutional, and
industrial uses and multifamily dwellings, one or more unobstructed
fire lanes to provide for ingress and egress of Fire Department vehicles,
equipment, and personnel.
B.
Fire lanes may be designated:
(1)
By the Board by resolution, pursuant to recommendation by the Fire
Marshal or the Fire Chief of any Fire Department serving Jackson Township
("Fire Chief"), on public property, which will include any highway,
roadway, alleyway, driveway, parking area, pathway, cul-de-sac, or
any other area deemed necessary for fire protection.
(2)
By written agreement between the Board and any school board, hospital,
church, property owners' association, commercial or industrial
facility owner, shopping center owner, apartment complex owner, or
entertainment facility owner which controls a parking area located
within the Township, empowering the Board to designate and enforce
fire lanes on such parking area, including enforcement of the maintenance
of the designated fire lane.
(3)
By decision of the Board or of the Jackson Township Zoning Hearing
Board pursuant to any subdivision or land development approval, conditional
use approval, special exception approval, or the granting of a variance.
A.
Fire lanes shall be at least 16 feet in width and laid out for convenient
access from the public thoroughfares and water supply to the building
or buildings. Additional width shall be provided where the Fire Marshal
or Fire Chief has determined such width is necessary to position apparatus
for operations during an incident.
B.
Curves and/or corners in fire lanes shall be constructed to provide
sufficient width to accommodate the largest piece of fire apparatus
available to be operated on the fire lane, as well as any turns into
or out of the fire lane.
C.
Fire lanes shall be constructed of a hard, all-weather surface designed
to support any fire apparatus available to be operated on the fire
lane.
D.
Vertical clearance of at least 13 feet, six inches shall be provided
and maintained over the full width of the fire lane.
E.
Dead-end fire lanes that exceed 150 feet in length shall be provided
with an adequate turnaround at the terminal end of the fire lane.
F.
Fire lanes shall be designed and built to provide adequate drainage
so that no water shall stand in the fire lanes at any time.
G.
Wintertime maintenance shall be provided for fire lanes and adjacent
areas as necessary to remove all snow and ice as soon as possible
after cessation of any precipitation in order to maintain emergency
accessibility.
H.
All grades in fire lanes shall meet the requirements of the Jackson
Township Subdivision and Land Development Ordinance and/or the Jackson
Township Zoning Ordinance,[1] as may be amended from time to time.
I.
All plans for fire lanes shall be approved by the Board or their
duly authorized enforcement agent.
J.
Preexisting nonconforming fire lanes created and approved prior to
the adoption of this chapter shall not be required to come into compliance
with this section, with the following exceptions:
K.
All designated fire lane improvements and maintenance of the same
shall be the responsibility and at the expense of the owner of the
property where located.
A.
The surface of the area comprising the fire lane shall be striped
with yellow traffic paint to delineate the fire lane. The surface
shall also be marked to read "No Parking - Fire Lane" in letters at
least 18 inches in height.
B.
Fire lanes shall be marked with signs that read "No Parking - Fire
Lane" or similar language in accordance with the requirements of the
Pennsylvania Department of Transportation.
C.
All fire lanes shall also be posted as a "tow zone."
D.
All designated fire lane postings shall be maintained in a clean
and legible condition at all times and replaced or repaired when necessary
to ensure adequate visibility.
E.
All designated fire lane postings and maintenance of the same shall
be the responsibility and at the expense of the owner of the property
where located.
F.
Any postings required to be marked or erected shall be approved by
the Board or their duly authorized enforcement agent.
A.
It shall be unlawful for any person to obstruct a fire lane in any
manner, including:
(1)
Constructing any structure or other obstruction, whether permanent
or temporary, within the fire lane.
(2)
By stopping or parking a vehicle in a fire lane, whether the vehicle
is occupied or not at the time, excepting existing fire lanes that
have been approved to also serve as loading zones prior to the enactment
of this chapter, wherein commercial or industrial vehicles stopped
for loading are permitted to remain for no longer than 15 minutes.
(3)
By storing, selling, or displaying supplies, equipment, shopping
carts, inventory, merchandise, or any other items in a fire lane.
(4)
By engaging in any other acts which would substantially interfere
with the access of Fire Department vehicles, equipment, and/or personnel
to, over, in, and/or upon a fire lane.
B.
It shall be unlawful for any property owner or agent thereof subject
to this chapter to fail to construct, post, or maintain a fire lane
as required by this chapter.
A.
The Fire Marshal, Fire Chief, Zoning Officer or any member of the
Northern York County Regional Police Force or any successor police
force or law enforcement agency in Jackson Township may at any time
cause to be removed, including but not limited to removal by towing,
any obstruction of a fire lane and such removal shall be at the expense
of the person responsible for said obstruction.
B.
The Fire Marshal, Fire Chief, any member of the Northern York County
Regional Police Force or any successor police force or law enforcement
agency in Jackson Township, the Zoning Officer, or their designees,
are hereby authorized to issue citations for the violation of this
chapter. Among other methods, issuance of a citation may be effectuated
by placing the same on the obstruction in the fire lane or by issuance
to the owner.
Any person who violates any of the provisions of this chapter
shall be subject to a summary criminal proceeding before any Magisterial
District Judge of the county pursuant to the Pennsylvania Rules of
Criminal Procedure, as may be amended from time to time. Upon finding
of a violation hereunder, a fine in a sum not less than $100 and not
to exceed $1,000, plus the costs of prosecution, including court costs
and reasonable attorney fees incurred by the Township to prosecute
the violation, shall be imposed. In the event such fine, fees and
costs remain unpaid, such person may be subject to imprisonment for
a period of up to 30 days. Each day a violation continues to exist
shall constitute a separate offense.
Should any section or provision of this chapter be declared
by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of this chapter as a whole, or any other
parts thereof.
All other ordinances or resolutions, or sections thereof, which
are inconsistent with the provisions of this chapter are hereby repealed
to the extent of such inconsistency.
The provisions of this chapter shall become effective five days
after the date of adoption by the Board of Supervisors.
