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Township of East Whiteland, PA
Chester County
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Table of Contents
Table of Contents
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 DEPARTMENT
Fire companies and emergency service organizations performing services in the Township.
PARKING AREA
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.
PARKING GARAGE
A structure located off the public right-of-way designed and designated for parking motor vehicles in an enclosed or partially enclosed structure.
PARKING LOT
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.
PARKING SPACE
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.
STREET
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.
TOWNSHIP
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:
(1) 
As posted by the Township for snow plowing and ice removal.
(2) 
As posted by the Township Road Department for cleaning.
(3) 
During the time of a declared local emergency.
(4) 
During special events as provided for and authorized by the Police Chief and the Township Board of Supervisors.
B. 
Exception. The only persons exempt from the provisions of Subsection A herein shall be:
(1) 
Owners and operators of emergency vehicles.
(2) 
Medical doctors on house calls.
(3) 
Repair vehicles, clearly labeled as such and performing an emergency repair or service at the property in question.
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:
(1) 
In a fire lane.
(2) 
In a handicapped zone unless authorized by law.
(3) 
Within 15 feet of a fire hydrant.
(4) 
In an area which restricts or blocks a means of egress or ingress.
(5) 
Where signs prohibit parking.
(6) 
In an area which obstructs a Fire Department connection.
B. 
Exception. Emergency vehicles, as defined in the Pennsylvania Vehicle Code (75 Pa.C.S.A. § 101 et seq.), shall not be prohibited from parking, standing or stopping as proscribed in Subsection A herein.
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.