[HISTORY: Adopted by the Board of Supervisors (now Board
of Commissioners) of the Township of Pocono 2-20-2002 by Ord. No. 101. Amendments noted where
applicable.]
This chapter shall be known as the "Pocono Township Fire Lane
Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
A lane to provide access for firefighting personnel, equipment
and apparatus to buildings, structures, fire hydrants or connections
to automatic sprinkler or standpipe systems, in connection with firefighting
activities.
A.
Subject to the provisions of § 197-6 of this chapter, fire lanes shall be provided for all new commercial buildings that are set back more than 150 feet from a public/private street right-of-way, or exceed 30 feet in height and are set back more than 50 feet from a public/private road right-of-way.
B.
Fire lanes may be designated:
(1)
By the Board by resolution, pursuant to recommendation of the Pocono
Township Volunteer Fire Company Fire Chief (the "Fire Chief"), on
public property, which will include any highway, roadway, alleyway,
driveway, parking area, pathway, cul-de-sac or any other area deemed
necessary for fire protection.
(2)
By written agreement between the Board and any school board, hospital,
church, property owners' association, commercial or industrial facility,
shopping center or apartment complex owner, or entertainment facility
owner, which controls a parking area located within Pocono Township,
empowering the Board to designate and enforce fire lanes on such parking
area, including enforcement of the maintenance of the designated fire
lanes. The agreement shall become effective and enforceable three
days after it is duly executed and delivered.
(3)
By the decision of the Board or the Pocono Township Zoning Hearing
Board pursuant to any planned residential development approval, conditional
use approval, special exception approval or the granting of a variance.
Fire lanes shall not be less than 20 feet of unobstructed width,
have a minimum of 13 feet six inches of vertical clearance and be
able to withstand live loads of firefighting apparatus. A turnaround
for firefighting apparatus shall be provided where an access road
terminates in a dead end and is in excess of 150 feet in length. The
turnaround shall have a minimum center-line radius of 50 feet.
A.
Fire lanes shall be marked with freestanding signs that contain the
words "Fire Lane - No Parking," or similar language, painted in contrasting
colors at a size and spacing approved by Pocono Township. Posting
of fire lanes in accordance with any applicable requirements of the
Pennsylvania Department of Transportation shall be an acceptable alternative.
The perimeter of the area which constitutes the fire lane shall also
be clearly indicated on the surface of the parking lot or access area.
B.
All fire lanes shall also be posted as a "tow zone."
C.
All designated fire lane signs or markings shall be maintained in
a clean and legible condition at all times and replaced when necessary
to ensure adequate visibility.
D.
All required posting and marking, and maintenance of the same, shall
be the responsibility of the owner of the property where located.
When any combination of private fire-protection facilities, including, but not limited
to, fire-resistive roofs, fire separation walls, space separation
and automatic fire extinguishing systems, are provided and approved
by the Fire Chief as an acceptable alternative, then fire lanes shall
not be required.
It shall be unlawful for any person to:
A.
Park a vehicle in a fire lane.
B.
Store, sell or display supplies, equipment, shopping carts, inventory,
merchandise or any other items in a fire lane.
C.
Obstruct a fire lane.
D.
Engage in any other acts which would substantially interfere with
the access of fire officials, personnel and/or firefighting equipment
to, over and upon a fire lane.
A.
This chapter shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this chapter
shall, upon conviction in a summary proceeding, pay a fine of not
more than $1,000, plus the costs of prosecution, and, in default of
the payment of the fine and costs of prosecution, shall be imprisoned
for a period not exceeding 30 days. All fines, penalties, costs and
reasonable attorney's fees collected for the violation of this chapter
shall be paid to Pocono Township for its general use.[1]
B.
In addition to, but not in limitation of, the foregoing, any motor
vehicle within a fire lane which is designated as a "tow zone" shall
be subject to removal by a towing service at the direction of the
Fire Chief, the Pocono Township Police, Pocono Township Fire Police
or other appropriate officials of Pocono Township, and the owner shall
be responsible for all towing and storage costs.
Pocono Township police officers, the Fire Chief, the Pocono
Township Fire Police, the Pocono Township Zoning Officer, or their
designees, are hereby authorized to issue citations for the violation
of this chapter.
