The purpose of this article is to recognize
the needs of handicapped persons by providing adequate off-street
handicapped parking spaces for motor vehicles in accordance with nationally
accepted standards and to establish minimum regulations for handicapped
parking in the Township, including a requirement that property owners
install and properly maintain signs designating handicapped parking
spaces. In addition, this article establishes minimum regulations
and design standards for fire lanes and parking of vehicles on public
and private streets and parking areas throughout the Township.
As used in this article, words in the singular
include the plural and those in the plural include the singular. The
word "may" is permissive; the words "shall" and "will" are mandatory.
The present tense includes the future. The masculine gender includes
the feminine and the neuter.
As used in this article, the following terms
shall have the meanings indicated:
Fire companies and emergency service organizations performing
services in the Township.
An area used for the express purpose of parking or standing
of a vehicle and/or motor vehicle, whether on private property or
a public street.
A structure located off the public right-of-way designed
and designated for parking motor vehicles in an enclosed or partially
enclosed structure.
An area of land located off the public right-of-way which
is used for the temporary parking of motor vehicles, wherein the vehicles
are not enclosed or sheltered by a structure of any kind.
An open space located off the public right-of-way provided
with a dustless all-weather surface in a parking area intended to
provide a temporary stopping area for one motor vehicle and designed
and designated to conform to the specifications of this article.
A way intended for general public use to provide means of
travel for vehicles and pedestrians. "Street" shall include words
such as alley, road, highway and thoroughfare.
East Whiteland Township, Chester County, Pennsylvania.
A.
All subdivision and land developments proposed in
the Township subsequent to the adoption of Ord. No. 126-99 (adopted
October 11, 1999) shall be in conformance with the specifications
and requirements herein.
B.
The developer of a property shall provide the number
of handicapped parking spaces, surfacing and surface markings, signage
and any other design or structural elements required by this article
and any amendments thereto.
C.
All existing parking garages and parking lots servicing
other than single-family residential dwellings in the Township shall
be brought into compliance with the requirements of this article within
60 days of the effective date of Ord. No. 126-99 (adopted October
11, 1999). The Codes Enforcement Officer of East Whiteland Township
shall be authorized to notify all property owners, person in possession
and control or manager of existing parking garages and lots (hereinafter
referred to as "owner") of the requirements of this article and the
penalties provided herein for the property owner's failure to comply
with the provisions of this article.
D.
If a building or structure served by a parking garage
or a parking lot is at any time hereafter substantially improved,
including additions or deletions from interior floor space, or if
there is any structural change or other construction or restoration
activity undertaken or carried out in conjunction with any such existing
building or structure, the parking garage or parking lots serving
such building or structure shall contemporaneously be brought into
conformance with the provisions of this article.
E.
The owner of any parking garage or parking lot or
of any property with a fire lane shall be responsible for the maintenance
of the off-street handicapped parking spaces and fire lanes which
serve that property. A property owner is also responsible for the
maintenance of any signs displaying traffic, parking or directional
information which were required by the Township or any other regulatory
authority for the approval of the development of the property or which
were subsequently required by the Township or other regulatory authority
to alleviate a traffic hazard or provide motorists with necessary
traffic directions. Maintenance shall include, but shall not be limited
to, plowing of snow, maintaining landscape elements if required by
other ordinance or regulation of the Township, sealing pavement areas,
painting and repainting lines and other markings on the pavement designating
the handicapped parking space or fire lane, repaving as necessary,
replacement of required signs, and any other work required to maintain
the handicapped parking space(s), fire lane or signs in an attractive,
functional condition. The owner of any parking garage or parking lot
or any property with handicapped parking spaces, a fire lane or signs
displaying traffic, parking and directional information shall be responsible
for replacing the handicapped parking signs, signs designating fire
lane, or signs displaying traffic, parking and directional information
which have been removed, damaged or destroyed. Such signs shall be
replaced within 10 days after the owner receives notice that the sign
has been removed, damaged or destroyed or within 10 days of receiving
notice from the Township that such signs must be repaired or replaced,
whichever comes first.
F.
All signs designating the handicapped parking spaces
in a parking garage or parking lot required by the terms of this article
shall contain the following information:
(1)
The parking space is designated for vehicles bearing
a handicapped or severely disabled veteran registration plate or parking
placard and driven by or operated for a handicapped person or severely
disabled veteran;
(2)
The penalty amount indicated in Section 3353(e) of
the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 3353(e),
or any subsequent amendment thereof; and
[Amended 3-9-2016 by Ord.
No. 279-2016]
(3)
Vehicles parked in violation of the Township ordinances
or Section 3353(e) of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A.
§ 3353(e), may be towed by the Township or Township police at
the violator's cost.
[Amended 3-9-2016 by Ord.
No. 279-2016]
A parking lot or parking garage servicing any
building or structure shall comply with the following minimum regulations
applicable to handicapped parking spaces; provided, however, that
this section shall not be construed to prevent an owner or developer
from providing additional reserved handicapped parking spaces if he
determines such additional spaces to be necessary or appropriate.
A.
Minimum number of handicapped parking spaces required.
The following schedule shall apply to parking spaces servicing each
building entrance for commercial, industrial, professional office,
institutional, religious, educational and similar uses.
|
Total in Required Spaces Lot
|
Commercial Retail & Assembly
|
Office
(Except Medical)
|
Manu-
facturing
|
Religious & Educational
|
Institutional & Medical Office
|
|---|---|---|---|---|---|
|
10 to 25
|
1
|
1
|
0
|
1
|
1
|
|
26 to 50
|
1
|
1
|
1
|
1
|
2
|
|
51 to 75
|
2
|
1
|
1
|
1
|
3
|
|
75 to 100
|
2
|
1
|
1
|
1
|
4
|
|
101 to 150
|
3
|
2
|
2
|
2
|
5
|
|
151 to 200
|
4
|
2
|
2
|
3
|
6
|
|
201 to 300
|
5
|
3
|
3
|
4
|
7
|
|
301 to 400
|
6
|
3
|
4
|
5
|
8
|
|
401 to 500
|
7
|
4
|
4
|
6
|
9
|
|
501 to 600
|
8
|
5
|
4
|
6
|
10
|
|
Over 600
|
1.3%
|
.8%
|
.7%
|
1%
|
1.667%
|
B.
Design criteria.
(1)
Location. Parking spaces for handicapped people and
accessible passenger loading zones that serve a particular building
or structure shall be located on the shortest possible accessible
circulation route to an accessible entrance of the building or structure.
In separate parking structures or lots that do not serve a particular
building or structure, parking spaces for disabled people shall be
located on the shortest possible circulation route to an accessible
pedestrian entrance of the parking facility.
(2)
Parking spaces. Handicapped parking spaces for disabled people shall be at least 96 inches (2,440 millimeters) wide and shall have an adjacent access aisle 60 inches (1,525 millimeters) wide minimum. (See Figure 1, on file in the Township Offices.) Parking access aisles shall be part of the accessible route to the building, structure or facility entrance and shall comply with the standards adopted in § 189-23 of this article. Two accessible parking spaces may share a common access aisle. Parked vehicle overhangs shall not reduce the clear width of an accessible circulation route.
(3)
Passenger loading zones. Passenger loading zones shall provide an access aisle at least 48 inches (1,220 millimeters) wide and 20 feet (six meters) long adjacent and parallel to the vehicle pull-up space. (See Figure 2, on file in the Township Offices.) If there are curbs between the access aisle and the vehicle pull-up space, then a curb ramp complying with the regulations adopted in § 189-23 shall be provided.
(4)
Parking and passenger loading zones. If passenger loading zones are provided, a reasonable number determined by the Codes Enforcement Officer, but always at least one, of the passenger loading zones shall comply with Subsection B(3) of this section.
(5)
Signage. All signs designating the handicapped parking
spaces in a parking garage or parking lot required by the terms of
this article shall have a minimum height of three feet six inches
above grade level and shall not be obscured by a vehicle parking in
the handicapped parking space. The signs must contain the following
information:
(a)
The parking space is designated for vehicles
bearing a handicapped or severely disabled veteran registration plate
or parking placard and driven by or operated for a handicapped person
or severely disabled veteran;
(b)
The penalty amount indicated in Section 3353(e)
of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 3353(e),
or any subsequent amendment thereof; and
[Amended 3-9-2016 by Ord.
No. 279-2016]
(c)
Vehicles parked in violation of the Township
ordinances or Section 3353(e) of the Pennsylvania Motor Vehicle Code,
75 Pa.C.S.A. § 3353(e), may be towed by the Township or Township
police at the violator's cost.
[Amended 3-9-2016 by Ord.
No. 279-2016]
The Board of Supervisors hereby adopts the American
National Standards Institute, Inc. (ANSI) Standard Number A117.1-1998,
entitled "American National Standards Specifications for Making Buildings
and Facilities Accessible To And Usable By Physically Handicapped
People," by reference. This standard shall, to the extent not inconsistent
with the other provisions of this article, control specifications
for handicapped parking in the Township. Not less than three copies
of the standard are filed in the office of the Secretary of the Township
and are available for review.
A.
Whenever the Township Fire Marshal shall determine that the parking of motor vehicles upon any public street, lane, alley or any private parking area, including but not limited to commercial, office and industrial complexes, apartment and multifamily residential areas, schools, institutions, shopping centers or other private areas, may interfere with the operation of the Fire Department or emergency vehicles, or seriously hamper egress of occupants from a building in case of fire or emergency, said street, lane, alley or private parking area shall be designated as a fire lane by the Township Fire Marshal. Fire lanes shall be of sufficient width, as provided in Subsection B herein, to permit the ingress, egress and free mobility of fire and emergency equipment. In the event that the Fire Marshal shall designate an area of private property as a fire lane, the property owner shall, at his or her own expense, within 30 days of receiving notice of such designation from the Fire Marshal, post the area(s) with signage and mark the pavement in accordance with Subsection F herein.
B.
Fire lanes shall extend from existing and improved
public streets and shall have a minimum unobstructed right-of-way
width of 24 feet within which there shall be constructed an all-weather,
well-drained cartway not less than 20 feet in width. The Fire Marshal
may authorize variations in the fire lane design standards for existing
sites and structures that cannot practically comply with the above-stated
design standards.
C.
Fire lanes which curve or change direction shall have
a minimum radius of 55 feet and a minimum tangent length of 50 feet
between curves.
D.
Dead-end fire lanes shall not exceed 400 feet in length
and shall be terminated with an unobstructed vehicular turnaround
or cul-de-sac with a minimum surface radius of 50 feet for all new
sites.
E.
All subdivision and land development plans which are
submitted to the Township after the effective date of Ord. No. 126-99
(adopted October 11, 1999) shall depict the location and width of
all fire lanes which shall be reviewed and approved by the Township
Engineer, Building Official, Zoning Administrative Official and Fire
Marshal prior to issuance of subdivision or land development approval.
F.
Signage and pavement markings.
(1)
Signage and pavement markings designating fire lanes
shall be installed in accordance with the standards established by
the Pennsylvania Department of Transportation in the Uniform Manual
of Traffic Control Devices. Where physical characteristics of the
site dictate a need to vary from the manual recommendations, the Fire
Marshal have the discretion to waive strict compliance with the manual
recommendations and adapt them to the particular site in question,
provided that the changes will promote the public safety and welfare.
Generally, signs designating the fire lanes shall be on a white reflective
background with red letters which state as follows:
|
FIRE LANE
NO PARKING, STANDING OR STOPPING AT ANY TIME
|
(2)
Placement of the signs shall be at individual parking
spaces or along lanes at intervals not exceeding 50 feet. Double-faced
signs shall be installed where deemed necessary.
G.
Fire lanes shall at all times remain unobstructed
except for emergency vehicles and equipment used in emergency situations
as provided in the Vehicle Code of the Commonwealth of Pennsylvania
(75 Pa.C.S.A. § 101 et seq.).
H.
The requirements of this section shall apply to all existing and proposed uses described in Subsection A above.
I.
The design for the construction of fire lanes will
be as set forth in this article and shall be finally approved by the
Fire Marshal.
A.
No person shall be permitted to park a motor vehicle
in or along the side of any Township street under the following circumstances:
C.
Parking, stopping and standing of vehicles on a street
shall comply with the Pennsylvania Vehicle Code (75 Pa.C.S.A. § 101
et seq.) and all applicable Township ordinances.
A.
No person or entity shall park, stop or stand any
type of motor vehicle:
No person shall park a vehicle upon any of the
streets or parts thereof described below, except at the angle designated
and only within the painted stall lines. On all streets or portions
thereof where angle parking is now or shall hereafter be authorized,
all vehicles parked thereon shall be parked with the front thereof
nearest the curb.
|
Name of Street
|
Side
|
Angle
(degrees)
|
Location
|
|---|---|---|---|
|
(Reserved)
| |||
No person shall park a vehicle at any time upon
any of the streets or parts thereof described below.
|
Name of Street
|
Side
|
Location
|
|---|---|---|
|
Charles Street
[Added 9-12-2018 by Ord.
No. 300-2018] |
Both
|
Entire length
|
|
Lantern Lane
[Added 8-13-2008 by Ord. No. 209-2008] |
West
|
From Village Way to Fahnestock Road
|
|
Lincoln Highway
|
Both
|
From Conestoga Road to Morehall Road
|
|
Lincoln Highway
|
North
|
West of its intersection with Planebrook Road
along the entire frontage of property owned by WAWA, Inc.
|
|
Old Morehall Road
|
Both
|
Entire length
|
|
Prospect Avenue
|
Both
|
From Lincoln Highway to the property of the
East Whiteland Fire Association
|
|
Village Way
[Added 8-13-2008 by Ord. No. 209-2008] |
North
|
Opposite 2 Village Way to the eastern property
line of 33 Village Way
|
No person shall park a vehicle upon any of the
streets or parts of streets described below, during the hours specified
in said schedule, on any day except Saturdays, Sundays and holidays.
|
Name of Street
|
Side
|
Hours/Days
|
Location
|
|
(Reserved)
| |||
No person shall park a vehicle or allow the
same to remain parked upon any of the streets or parts of streets
described below, between the hours specified, for longer than the
time indicated in said schedule.
|
Name of Street
|
Side
|
Time Limit; Hours/Days
|
Location
|
|---|---|---|---|
|
(Reserved)
| |||
[Amended 2-19-2001 by Ord. No. 133A-2001; 9-17-2002 by Ord. No. 140-2002; 12-17-2002 by Ord. No. 142-2002; 12-17-2002 by Ord. No. 143-2002; 3-18-2003 by Ord. No. 146-2003]
A.
Handicapped parking zones. This special purpose parking
zone shall exist for so long as the occupant of the residence has
a valid handicap placard issued by the Commonwealth of Pennsylvania:
|
Name of Street
|
Side
|
Authorized Purpose or Vehicle
|
Location
|
|---|---|---|---|
|
Kelmar Avenue
|
Handicapped parking
|
In front of 73 Kelmar Avenue
| |
|
Kelmar Avenue
|
Handicapped parking
|
In front of 124 Kelmar Avenue
| |
|
Kelmar Avenue
|
Handicapped parking
|
In front of 126 Kelmar Avenue
| |
|
Rickmar Lane
|
Handicapped parking
|
In front of 22 Rickmar Lane
|
B.
Establishment of parking by permit zones. It shall
be unlawful for any person to park any vehicle or to allow the same
to remain parked in any parking permit zone established below, except
as specifically provided for such zone:
|
Name of Street
|
Side
|
Hours/Days
|
|---|---|---|
|
Ashlawn Circle
|
Both
|
6:30 a.m. to 9:30 a.m., Monday through Friday,
school days
|
|
Ashlawn Road
|
Both
|
6:30 a.m. to 9:30 a.m., Monday through Friday,
school days
|
|
Aston Road
|
Both
|
6:30 a.m. to 9:30 a.m., Monday through Friday,
school days
|
|
Atterbury Drive
|
Both
|
6:30 a.m. to 9:30 a.m., Monday through Friday,
school days
|
|
Flintshire Road
|
Both
|
6:30 a.m. to 9:30 a.m., Monday through Friday,
school days
|
|
Hayes Road
|
Both
|
6:30 a.m. to 9:30 a.m., Monday through Friday,
school days
|
C.
Administration. This section shall be administered and enforced by
the East Whiteland Police Department, which shall prepare and issue
such application forms, permits and resident parking permits as may
be necessary, which shall keep suitable records of permits issued
and outstanding, and which shall give written notice to owners or
lessees to or from whom the conditional parking privilege granted
by this section may be extended or retracted. The permit must be prominently
displayed on the motor vehicle for which it was issued while that
vehicle is parked in a space designated for permit for the address
on the permit. Only two permits per address will be issued. All permits
must be obtained by the homeowner. Additional permits for contractors
may be obtained by the homeowner for temporary use.
[Amended 9-12-2018 by Ord. No. 300-2018]
D.
Violations and penalties. Any person, firm or corporation
who or which shall violate any provision of this section shall be
subject to a fine or penalty of not more than $600 or as otherwise
established by the Pennsylvania Vehicle Code. Such fines or penalties
shall be collected as like fines or penalties are now by law collected.
A.
It shall be the duty of the Fire Marshal, Deputy Fire
Marshal, Assistant Fire Marshal, Codes Enforcement Officer and police
officers of East Whiteland Township to report all violations of any
provision of this article, indicating in each case the section thereof
violated, the location of the violation, the time of such violation
and any other facts necessary to secure a clear understanding of the
circumstances attending such violation. Each officer/official shall
also place on such vehicles such notice of violation to the owner
or operator thereof that such vehicle has been parked, stopped or
standing in violation of the provisions of this article.
B.
An owner or operator of a motor vehicle stopped, standing
or parked in violation of this article shall be issued a notice of
violation and ordered to pay a fine of not less than $25 payable to
East Whiteland Township within 72 hours of issuance of such notice.
Except that a person violating a handicapped parking space or zone
shall be issued a notice of violation and ordered to pay a fine of
not less than $50 nor more than $200.
[Amended 3-11-2009 by Ord. No. 218-2009]
C.
Failure to respond to the notice of violation by payment
of the fine, as aforesaid, shall result in the issuance of a nontraffic
citation to the violator. Thereafter, the prosecution shall proceed
in accordance with the Pennsylvania Rules of Criminal Procedure; and,
upon conviction of the offense, the defendant shall be ordered to
pay a fine of not less than $50 and not more than $1,000 for each
offense, together with the costs of prosecution and such other costs
as dictated by the commonwealth. Upon judgment against such person
by summary conviction, or by proceedings by summons on default of
the payment of the fine imposed and the costs, such person may be
sentenced and committed to the county prison for a period not to exceed
30 days for each and every separate offense. When any person shall
have been officially notified by the Codes Enforcement Officer or
by service of a summons in a prosecution for violation of this article,
or in any other official manner, that he is committing a violation
of this article, each day's continuance of such violation after receipt
of such notification shall constitute a further and separate offense
punishable by separate fine for each separate violation, or incarceration,
as hereinabove provided.
D.
Any vehicle parked, stopped or standing in violation
of this article shall be subject to being towed, at the owner's expense,
by the order of the Fire Marshal or police officer of East Whiteland
Township, in addition to any penalties imposed by any other section
of this article. Payment of storage and towing charges, set by the
private contractor used by the Township, shall be the sole responsibility
of the registered owner/operator of the vehicle. Accumulation of fees
related to storage, regardless of time, shall be the responsibility
of the registered owner of the vehicle. Neither the Township or private
contractor shall have any obligation to contact the owner of the vehicle
that has been towed.
