Township of Hillsborough, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Hillsborough as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 143.
Fire zones — See Ch. 169.
[Adopted 9-8-1987 by Ord. No. 87-17 (Ch. 96 of the 1977 Code)]

§ 218-1 Statutory authorization.

Designation, regulation and enforcement of parking stalls for handicapped persons is hereby made in accordance with N.J.S.A. 40:48-2.46, 52:32-6 et seq., 39:4-197.5, 52:32-5, 39:4-1, and 39:4-197(1)(g).

§ 218-2 Definitions.

For the purpose of this chapter, the following definitions shall be applicable:
HANDICAPPED PERSON
Any person who has lost the use of one or more limbs as a consequence of paralysis, amputation or other permanent disability or who is permanently disabled as to be unable to ambulate without the aid of an assisting device or whose mobility is otherwise limited as certified by a physician with a plenary license to practice medicine and surgery in this state or bordering state in accordance with N.J.S.A. 39:4-204 and who possesses a handicapped person identification card issued by the Director of the Division of Motor Vehicles or the Municipal Chief of Police in accordance with N.J.S.A. 39:4-205 and 39:4-206.

§ 218-3 Premises to which chapter applies.

[Amended 6-11-1991 by Ord. No. 91-5]
A. 
Category 1 : Any building, structure, facility or complex which contains parking yards and parking places and which is open to the public or to which the public is invited and which is required under municipal site plan and/or subdivision approval and/or the Uniform Construction Code and or N.J.S.A. 40:48-2.46 to contain handicapped parking spaces pursuant to the authority delineated in N.J.S.A. 40:48-2.46 and N.J.S.A. 52:32-6 et seq.
B. 
Category 2: The provisions of this chapter shall not apply to any publicly owned buildings, including public schools, owned by any state, county or municipal government agency or instrumentality which contain parking yards or parking places which have handicapped parking spaces, where said governmental agency has requested of the municipality that Title 39 of the New Jersey statutes be made applicable to their roads, streets, driveways, parkways, parking areas or other roadways. Enforcement with respect to handicapped parking spaces on these properties shall occur through the application of Chapter 143 of the Hillsborough Township Municipal Code pursuant to the authority set forth in N.J.S.A. 39:5A-1.
C. 
Category 3: The provisions of this chapter shall not apply to any privately owned building, structure, facility or complex, whether open to the public or not or whether the public is invited to it or not, which contains parking yards or parking places which have handicapped parking spaces whose owners have requested of the municipality that Title 39 of the New Jersey statutes be made applicable to their roads, streets, driveways, trails, terraces, bridle paths, parkways, parking areas or other roadways. Enforcement with respect to handicapped parking spaces on these properties shall occur through the application of Chapter 143 of the Hillsborough Township Municipal Code pursuant to the authority set forth in N.J.S.A 39:5A-1.

§ 218-4 Requirements for parking spaces.

Parking spaces for the physically handicapped where lawfully required or voluntarily installed shall be constructed in accordance with the following guidelines.
A. 
Designated parking spaces in parking lots for handicapped persons shall be required as follows:
Total Parking in Lot
Required Number
of Handicapped Spaces
1 to 50
1
51 to 200
2
Over 200
2 plus 1% of the total spaces in lot over 200, rounded off to the next highest number
B. 
Said handicapped parking spaces shall be provided in an area of the parking facility which is most accessible and approximate to the building or buildings which the facility serves. In shopping centers and other multistore facilities, the handicapped parking spaces shall be as near to the flagship store as possible and/or at such other locations as may be agreeable between the Construction Official and the owner.
C. 
Each space or group of spaces shall be identified with clearly visible sign detail and stall detail in accordance with the prerequisite set forth in MUTCD (Manual on Uniform Traffic Control Devices), which are attached hereto as Exhibits 1 and 2, respectively.[1] In addition, all such signs shall notify the public that parking in a space reserved for the handicapped may result in the imposition of a fine of $100 for the first offense and, for subsequent offenses, a fine of at least $100 and up to 90 days' community service on such terms and in such form as the court shall deem appropriate, or any combination thereof. Any sign erected after the date of adoption of this ordinance[2] shall contain this language setting forth the penalty, and any signs erected prior to the effective date of this amendatory ordinance shall be modified as delineated hereinabove by June 1, 1991.
[Amended 6-11-1991 by Ord. No. 91-5]
[1]
Editor's Note: The exhibits referred to are on file in the office of the Township Clerk.
[2]
Editor's Note: "This ordinance" refers to Ord. No. 91-5, adopted 6-11-1991, which provided that it shall take effect after final adoption by the Township Committee and publication thereof.
D. 
Each space shall be 12 feet wide to allow room for persons in wheelchairs or on braces or crutches to get in or out of either side of the automobile on a level, paved surface suitable for wheeling and walking.
E. 
Where possible, such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars.
F. 
Where applicable, curb ramps shall be provided to permit handicapped people access from the parking area to the sidewalk.
G. 
Signs shall be posted and maintained, and said signs shall conform to regulations adopted by the Department of Transportation and/or be in conformance with MUTCD (Manual on Uniform Traffic Control Devices).
[Amended 6-11-1991 by Ord. No. 91-5]

§ 218-5 Maintenance of parking spaces.

All signing, pavement markings, depressed curbing and/or ramps shall be maintained in good and proper condition, including but not limited to the condition of required markings and signs which should remain distinctly visible at all times.

§ 218-6 Prohibited conduct; violations and penalties; enforcement.

A. 
Any owner of premises required to provide handicapped parking spaces or who voluntarily provides handicapped parking spaces and requests of the municipality the enforcement of Title 39 of the New Jersey statutes on his property and who shall fail to install and/or maintain spaces in proper condition shall be subject to penalties in accordance with this chapter. No person shall deface or remove any sign erected pursuant to this chapter.
B. 
It shall be unlawful for any person to park, stop or stand a motor vehicle in a parking space designated to the exclusive use of handicapped persons unless such person is a handicapped person or is transporting a handicapped person and is utilizing the handicapped parking space for the benefit of said handicapped person.
C. 
Any person convicted of a violation of § 218-6A shall be subject to a fine of not more than $50.
D. 
Any person convicted of a violation of § 218-6B shall be subject to a fine of $250 for the first offense and, for subsequent offenses a fine of at least $100 and up to 90 days of community service on such terms and in such form as the court shall deem appropriate, or any combination thereof.
[Amended 6-11-1991 by Ord. No. 91-5; 11-25-2003 by Ord. No. 2003-28]
E. 
This chapter shall be enforced by the Police Department of the Township of Hillsborough.

§ 218-7 Handicapped parking spaces designated.

[Amended 6-11-1991 by Ord. No. 91-5]
A. 
Private sites, designated areas, Category 1. The following areas shall be designated as handicapped parking spaces pursuant to N.J.S.A. 40:48-2.46 and N.J.S.A. 52:32:
Site
Location
Block
Lot
Exhibit[1]
Alard
Hillsborough at Stryker
200.04
7
0
Amwell Center
611 Amwell Road
163
38
1
Amwell Chiropractor Center
Amwell at Rine
177A
19
1A
Atwal (Carteret Savings)
Route 206 at New Amwell
163
23A
2
Avolio's (Rent-all)
Route 206
152
25
3
Bothers Woodworking
Dukes Parkway
58
67.02
4
Burger King
Route 206 at Andria
181
1
5
Carriage Farm
Amwell Road at Clerico
20DB
4
6
Charlie Brown's
Route 206 at Andria
181
2
7
Concept Omega
Sunnymead Road
67
18G
8
Corner, The
Amwell Road at south branch
175
1, 2 and 3
9
Core States Bank
Route 206 at Raider
200.06
1
9A
Courtyard
Route 206
61
3 and 4
9B
Cusick Funeral Home
Route 206
177
15
10
DeCanto Medical Center
Route 206 at Doctor's Way
182
38A, B and C
11
DeCanto Medical Center
Route 206 at Doctor's Way
182
38A
11A
DeVan (DeCicco)
Route 206
200B
23B
12
Domino Pizza
Route 206
163
31
12A
Dunkin Donuts
Route 206 at New
199
57, 58 and 59
13
(Woods Tavern Center)
Amwell
Errico and Doswald Doctors
Route 206
153
17
14
Exxon
Route 206
152
36A
15
Fenton
Route 206
153
16
16
Fraser
Dukes Parkway East
58
67
16A
Gateway Park (Hillsborough Campus I)
Route 206 at Harvard
58
1
17
Gateway Park (Hillsborough Campus II)
Route 206 at Harvard
58
1.09
17A
Gateway Park (Hillsborough Campus III)
Route 206 at Harvard
58
1.05
17B
Gitman Shirt
Route 206
152
28
18
Hiller (Amwell Mall)
Amwell Road
178
12.01
19
Hillsborough Club Plaza (Foodtown)
Route 216
155
66 and 67
20
Hillsborough Executive (Days Inn)
Route 206
142
10
20A
Hillsborough Florist
Route 206
199
62
20B
Hillsborough Industrial Park
Ilene Court
200B
1
21
Hillsborough Industrial Park
Ilene Court
200B
7
22
Hillsborough Industrial Park
Ilene Court
200B
8
23
Hillsborough Industrial Park
Ilene Court
200.04
2
24
Hillsborough Industrial Park
Ilene Court
200.04
3
25
Hillsborough Industrial Park
Ilene Court
200.04
4
26
Hillsborough Industrial Park
Ilene Court
200.05
1
27
Hillsborough Industrial Park
Ilene Court
200.05
3
28
Hillsborough Industrial Park
Ilene Court
200.05
4
29
Hillsborough Square (K-Mart)
Route 206
152
27C
30
Horvatz/Getz (Kar Parts)
Amwell Road
200A
3
30A
Icote Industrial Park
Roycefield Road
143
11A
31
IHOP
Route 206
152
27.02
31A
Keller/Kern Valley Park
Route 206
142
34
32
Kindred
Old Camplain Road
67
16
33
Krinck, Doctor
Route 206
155
64
34
Lapinski
Amwell Road
163C
76
35
Lincoln Federal Savings
Amwell Road
163
36A
36
Maltese
Route 206 at Meadow-
brook
161
11
36A
Massaro
Route 206
178
5
36B
McDonald's
Route 206
161
13
37
Montgomery National Bank
Route 206
199
57
38
Mountain View Crossing
Route 206 at Mt. View
202
4
38A
Mountain View Crossing
Route 206 at Mt. View
202
4.01
38B
Mountain View Plaza
Route 206 at Mt. View
177
24B and 24N
39
Nelson's Corner
Route 206 at Amwell
200A
1
40
New Brunswick Savings
Route 206
199
55
41
New Center Village Square
Auten at Triangle
150.01
17
41A
Now Fancy That
Route 206
200B
25
41B
P.N.J.
Route 206
66
1A and 1B
42
Poletti
Route 206
17B
7
42A
Pooch Palace
Route 206
182
42
42B
Pheasant's Landing
Amwell at Willow
198
SB
43
Pioneer Realty
Route 206
161
12
44
Rainbow Rascals
Amwell Road
199
38
45
Rhoda Office Complex
Township Line Road
202
19
46
Rhoda (Longships)
Township Line Road
202
19
46A
S & C Construction
Beekman Lane
150
8A
46B
Schlott Realty
Route 206 at Raider
178
21
47
Summit Associates
Route 206 at Raider
200.08
1
47A
Suriano Welding
Weston Road
185
1.03
47B
Supon Shopping Center/
Hillsborough Pharmacy
Route 206
163
33
48
Supreme Petroleum
Route 206
61
4 and 4A
49
Walker/
Worden (Suburban Bank)
Amwell Road
162
21
50
Triangle Campus
Auten Road
150
4Q and 4A
50A
Triangle Center
Route 206 at Triangle
152
36C
51
Triangle Center
Route 206 at Triangle
152
35.01
51A
Tushak Professional
Route 206
152
34
52
Note: Exhibits 0 through 52 delineating the above-referenced sites are on file in the office of the Township Clerk and are hereby incorporated herein and made an official part hereof for the purposes of adoption and publication in accordance with law.
[1]
Editor's Note: The exhibits referred to are on file in the office of the Township Clerk.
B. 
Category 1 sites to be added after effective date of this ordinance.[2] Private sites and designated areas in Category 1 which are not included within § 218-7A at the time of adoption of this ordinance[3] shall be added to this ordinance pursuant to municipal site plans or subdivision approval, Uniform Construction Code and/or N.J.S.A. 40:48-2.46 by a periodic amendment to this ordinance by the governing body of the Township of Hillsborough.
[2]
Editor's Note: "This ordinance" refers to Ord. No. 91-5, adopted 6-11-1991, which provided that it shall take effect after final adoption by the Township Committee and publication thereof.
[3]
Editor's Note: "This ordinance" refers to Ord. No. 91-5, adopted 6-11-1991, which provided that it shall take effect after final adoption by the Township Committee and publication thereof.
[Adopted 3-12-2002 by Ord. No. 2002-7]

§ 218-8 Township park and ride facilities.

A. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
PARKING PERMIT
A sticker issued by the Township of Hillsborough which allows the parking of a vehicle in a permit parking lot.
PARK or PARKING
The standing of a vehicle, whether occupied or not, upon or in any parking space.
PARKING SPACE
Any space within the parking lot designated for the parking of a single vehicle and delineated by lines painted on the surface.
PERMIT PARKING LOT
Any municipal parking lot in the Township of Hillsborough requiring a permit to park a vehicle.
VEHICLE
Any device in, upon or by which any person or property is or may be transported upon a roadway.

§ 218-9 Designation of permit parking lots.

Permit parking lots shall be designated as follows:
A. 
Park and Ride Lot A: The parking lot located at Block 178, Lot 3.02, more commonly known as the South side of Amwell Road between Route 206 and Estate Drive, hereinafter designated as Park and Ride Lot A, shall require permits for the parking spaces so designated on the attached site plan, and identified in the lot by appropriate notice, including but not limited to signage and striping.

§ 218-10 Issuance and expiration of permits.

[Amended 12-10-2013 by Ord. No. 2013-20]
The Clerk of the Township of Hillsborough shall issue parking permits for permit parking lots to applicants upon the filing of a permit application and payment of the required fee. Permits shall be issued semiannually subject to availability. The semiannual permits shall be valid from August 1 to January 31 and February 1 to July 31.

§ 218-11 Permit fees.

[Amended 12-10-2013 by Ord. No. 2013-20]
The fee for obtaining a semiannual parking permit for the Park and Ride Lot A on Amwell Road shall be $25. The permit fee shall not be prorated based on the time of application and issuance.

§ 218-12 Regulations.

[Amended 12-10-2013 by Ord. No. 2013-20]
A. 
Parking permits are assigned to the vehicle identified on the application and are nontransferable.
B. 
Parking permits must be adhered to the rear window of the driver’s side of the vehicle.
C. 
Vehicles must be parked head-on in a designated parking space.
D. 
Signs or advertisements identifying a vehicle is for sale may not be displayed in or upon a vehicle or be made visible in any way while a vehicle is parked in a permit parking lot.

§ 218-13 Site plan for Park and Ride Lot A adopted.

A. 
The site plan originally produced on July 2, 1996, by Paul M. Sterbenz of Maser Sosinski & Assoc. and subsequently marked up by Mark Hiestand of the NJDOT on October 26, 2001, to delineate the areas regulated by § 143-81A and this section is hereby approved and adopted as an official finding and record of the location and areas within the Park and Ride Lot A which are to be used for permit parking, nonpermit parking, handicapped parking and other parking and traffic regulations as contained in §  143-81.A and this section and shall hereinafter be referred to as the “site plan for Park and Ride Lot A."
B. 
The site plan for Park and Ride Lot A approved and adopted pursuant to this section shall continue to constitute an official finding and record as to the location and boundaries of the areas regulated by Section 143-81.A and this section until such time, if any, that this section shall be amended to reflect any additions or deletions of the regulated portions of Park and Ride Lot "A". The Township Clerk is hereby directed to receive and to keep on file the original of the site plan for Park and Ride Lot A approved and adopted pursuant to this section.
C. 
The following additional matters are hereby determined, declared, recited and stated:
(1) 
It is understood that the site plan for Park and Ride Lot A was prepared and is intended to be used as evidence in prosecutions arising under the laws of this state, and the ordinances of this Township, and that such site plan shall constitute prima facie evidence of the location and boundaries of areas which are regulated by § 143-81A and this section.
(2) 
A prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in the laws of this state, and the ordinances of this Township, including use of a map or diagram other than the one approved and adopted pursuant to this section.

§ 218-14 Violations.

A. 
Any person violating the provisions of this section shall upon conviction for a first offense be punished by a fine not to exceed $100 and/or a sentence of community service of not more than 15 days.
B. 
Any person violating the provisions of this section shall upon conviction for a second offense be punished by a fine not to exceed $200 and/or a sentence of community service of not more than 30 days.
C. 
Upon the second violation of the provisions of this section the vehicle will be towed and impounded at the owner's expense.