[Added 4-17-2007 by Ord. No. 4-2007]
An on-street person with disability parking
space may be installed in front of a residence to accommodate a disabled
resident with limited mobility. The on-street space is comprised of
blue curb and a person with disability parking sign and post at the
parking area in accordance with Pennsylvania statute.
A.
An on-street person with disability parking space
is intended to provide safe, close parking for a mobility-disabled
resident in a residential high-parking-demand area where parking in
front of his/her home may not be readily available.
B.
An on-street person with disability parking space
is not intended to replace parking in the resident's driveway or garage.
C.
An on-street person with disability parking space
is provided as a courtesy to the disabled resident or family member
living at that residence who has mobility limitations getting to and
from the vehicle.
D.
Each on-street person with disability parking space
displaces a general parking space, which can create an impact where
the residential parking supply is limited. For this reason, the resident
must demonstrate a real need for an on-street person with disability
parking space.
A.
If a mobility-disabled resident demonstrates a need
for an on-street person with disability parking space through the
application process and the criteria for an on-street person with
disability parking space are met, then the Borough shall install the
person with disability parking space, free of charge to the resident,
as a courtesy to the disabled resident.
B.
The Mayor of the Borough of Kutztown shall approve
or deny the request. The resident may appeal the Mayor's decision
to the Kutztown Borough Council with a written letter of appeal. The
Borough is not required to provide an on-street person with disability
parking space.
C.
An on-street person with disability parking space
remains open to the public. The resident does not have exclusive use
of the on-street person with disability parking space. Any registered
vehicle with a valid person with disability placard or person with
disability or severely disabled veteran license plate may park in
the on-street person with disability parking space.
D.
The Borough may periodically check to see if the person
with disability parking space is still required.
E.
The Borough may remove the on-street person with disability
parking space at any time.
A.
Application. A disabled resident may request an on-street
person with disability parking space in front of his/her home by submitting
an application to the Kutztown Borough Police Department. The requestor
may obtain an application form from the Kutztown Borough Police Department
or submit an on-line application.
B.
Criteria. In order for an application for an on-street
person with disability parking space to be approved, the following
conditions must be met:
(1)
The applicant is a resident of the Borough of Kutztown
and is permanently disabled, or will be disabled for a period of time
exceeding one year, or resides with a disabled person who is permanently
disabled or will be disabled for a period of time exceeding one year
and the applicant is responsible for his or her transportation; and
(2)
The applicant must be able to demonstrate, by providing
documentation from a treating physician, that the disabled person's
mobility is impaired to the extent that ambulation is severely restricted;
and
(3)
The requested location is on a public street; and
(4)
The applicant resides at the address where the on-street
handicap space is requested; and
(5)
The applicant supplies the vehicle's license plate
number and/or disabled parking placard number with expiration date
for verification; and
(6)
The applicant, or resident being cared for, has a
currently valid person with disability or severely disabled veteran
registration plate on his/her vehicle, or has been issued a currently
valid person with disability placard; and
(7)
The applicant must be able to demonstrate that off-street
parking is inaccessible; and
(8)
The requested on-street person with disability parking
space must be installed in front of the property of the applicant's
property, unless deemed unfeasible by the Borough, and then such space
should be placed as near to the requested property as possible; and
(9)
The requested parking space does not conflict with
any parking restrictions already in place and the parking width in
front of the residence is at least 22 feet; and
(10)
The applicant agrees to advise the Kutztown
Borough Police Department when the person with disability parking
space is no longer required.
C.
Staff review. The Kutztown Borough Police Department reviews the application to determine if an on-street person with disability space is justified based on the criteria as specified under § 212-81B. The Kutztown Borough Police Department will make a recommendation to the Mayor of the Borough of Kutztown regarding the installation of a person with disability parking space at the location of the request.
D.
Approval. The Mayor of the Borough of Kutztown or the Mayor's designated representative shall approve or deny the request based upon the recommendation of the Police Department. If the Mayor approves the request, the Mayor shall issue a proclamation pursuant to §§ 212-7 and 212-8 of § 212 of the Code of the Borough of Kutztown.
E.
Appeal. If the request is denied, the applicant shall
be notified of the decision in writing. The applicant shall have 30
days from receipt of said notice to appeal the decision to the Council
of the Borough of Kutztown. The Kutztown Borough Police Department
shall submit a copy of the report of the prior recommendation to the
Council of the Borough of Kutztown.
A.
The Kutztown Borough Police Department may follow
up with the resident annually to ensure the space is still needed.
If the resident has moved or if at the discretion of the Mayor the
space is no longer needed, the Borough of Kutztown will remove the
space.
B.
Additionally, should a determination be made by the
Police Department that the space is being misused by the applicant,
or that the on-street person with disability parking space is not
in conformance with this chapter, then the Police Department may make
recommendation to the Mayor to have the on-street person with disability
parking space removed.
C.
If the decision is made to remove the on-street person
with disability parking space, the applicant will be notified in writing
of the decision. The applicant has 30 days from receipt of notice
to appeal the decision to the Council of the Borough of Kutztown.
The Kutztown Borough Police Department shall submit a copy of the
prior recommendation to the Council of the Borough of Kutztown, and
the Police Department may submit any additional comments as deemed
necessary.
A.
An on-street person with disability parking space
is 22 feet long and is marked with blue curb and posted in accordance
with Pennsylvania Title 67 and Title 75.
