[HISTORY: Adopted by the Mayor and Council
of the Borough of Chester 9-19-2006 by Ord. No. 2006-22. Amendments noted
where applicable.]
A.
Finding and determination. It is hereby determined
that the operation and parking of motor vehicles in the vicinity of
buildings devoted for public use, including but not limited to shopping
centers, nursing homes, hospitals, schools, public building, churches
and similar uses, constitute a danger to public health, safety and
welfare in that the approach, operation and departure of fire equipment
and other emergency vehicles may be impeded by such operation and
parking of motor vehicles. Accordingly, fire zones and lanes shall
be established by the Borough Fire Official and/or Borough Engineer
on public and private properties in the Borough of Chester, Morris
County, New Jersey.
B.
For the purposes of regulating the operation of motor
vehicles in the vicinity of buildings devoted to public use, "fire
zone," "fire lane(s)," "Fire Department connections (FDC)," "hydrants,"
"pumping stations" and "critical utility connections" shall have synonymous
meaning for the purpose of this chapter to prevent obstruction of
same.
C.
The provisions of this chapter, including the addition
of new and amended fire zones and lanes may be amended at the direction
of the Fire Official and/or Borough Engineer, upon recommendation
of the Chief of Police, and approval of the Borough Council.
E.
The Fire Official, Borough Engineer and/or Chief of
Police shall review new and existing site plans and, when necessary
and as conditions warrant, make recommendations for amendments to
such plans. Such recommendations shall be based upon the size, type
of construction and location of the building or buildings involved;
the use to which the property, building or buildings is put; the number
of motor vehicles operated or parked upon the property; the number
of persons using and occupying the property, building or buildings;
the existing means of ingress to and egress from the property, building
or buildings; the total area of the property, including the size of
the parking lot; and all other factors which are deemed relevant to
the public health, safety and welfare of the citizens of and visitors
to the Borough of Chester. Any and all amendments shall be forwarded
to the Borough Council for review and approval.
The Chief of Police or his designee shall designate
fire zones in the Borough of Chester on public and private property
as deemed necessary to protect the public health, safety and welfare
and shall cause an adequate number of signs and pavement markings
conforming to provisions of the Manual of Uniform Traffic Control
Devices (MUTCD) to be erected and maintained in all approved fire
zones.
Signs and pavement markings shall conform to
the MUTCD, including but not limited to the following requirements:
B.
Pavement markings.
(1)
The Fire Official and/or Borough Engineer shall design
pavement marking for fire zones.
(2)
Fire zones identifying FDC, points of egress, critical
utility connection and like areas deemed necessary shall be marked
with four-inch yellow painted lines outlining and defining the zone,
and/or diagonal lines.
(3)
Property owners or the property agent shall, before
installation or maintenance of pavement markings, consult with the
Chief of Police or designee for any changes to plans or design.
C.
Plans, drawings, site plans or sketches of regulated
properties. A plan showing each fire zone or fire lane, depicting
all traffic control devices in effect for the specific regulated property.
The plan will also show the design of the parking area, including
but not limited to parking areas; traffic lanes; parking aisles; fire
zones; fire lanes; handicap parking spaces; pavement markings; and
all other controls or devices deemed necessary to regulate traffic
and the overall site where any form of traffic is affected. Plans
approved and made part of this chapter will be kept on file in the
Borough Clerk's office. The Police Department shall be responsible
for review of plans for traffic control and enforcement and shall
make modifications as required to preserve public health, safety and
welfare. Any plan filed pursuant to this chapter shall be submitted
for approval of the Borough Council. The exclusive purpose of any
plan submitted pursuant to this chapter shall be regulation of traffic
and shall not nullify any site plan approved by the Planning Board
or Board of Adjustment. Any site plan approved by the Borough Planning
Board or Board Adjustment shall be used as a model in creating the
traffic plan for a regulated property.
A.
It shall be the responsibility of the property owner
to install and maintain signage and pavement markings in accordance
with approved plans and at the direction of the Fire Official, Chief
of Police and/or Borough Engineer.
B.
All costs and procurement is the responsibility of
the property owner.
C.
In the event that a property owner fails to comply
with the requirements hereof, the Borough may arrange to have signs
and/or pavement markings installed at the expense of the property
owner, said amount to be assessed against the property affected and
collected through the Borough Tax Collector's office.
No person shall park, stop, or leave standing,
any vehicle, whether attended or unattended, or otherwise obstruct
or impede a designated fire zone or fire lane.
This chapter shall be enforced by the Police
Department of the Borough of Chester.
Persons and vehicles on official business, including
but not limited to Fire Department vehicles and ambulances, Fire Department
and first aid members and police and municipal vehicles and municipal
employees, when engaged in actual performance of their duty. In addition,
exemptions may be granted on a case-by-case basis giving consideration
to unusual deliveries which may require occupying an otherwise prohibited
area or zone; drivers or passengers with disabilities; challenged
deliveries; utility, maintenance and the like. Vehicles being operated
in such circumstances shall promptly vacate the prohibited area as
soon as practicable, or as requested by a police officer or other
authorized person.
Site plans and all other plans with respect
to a property may require amendment that recommended changes are approved
by the governing body and incorporated into the municipal code and
the site plan on file with the Borough Clerk
Any person in violation of the provisions of
this chapter shall be liable to a fine of not more than $100 for each
such violation.
Any vehicle parked in violation of this chapter
shall be deemed a nuisance and a menace to the safe and proper regulation
of traffic and any police officer may provide for the removal of such
vehicle, at the expense of the vehicle's owner, including costs for
towing and/or storage that may result from such removal before regaining
possession of the vehicle.