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ORDINANCE 2015-06 Amend Front Lawn Parking

ADOPTED: May 5, 2015

AN ORDINANCE PROHIBITING PARKING ON FRONT LAWNS IN THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN AND STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING SECTION 9-3 OF CHAPTER IX OF THE BOROUGH CODE, ENTITLED “TRAFFIC”

WHEREAS, the Governing Body of the Borough of Point Pleasant Beach (hereinafter “Borough”) is mindful of its parking ordinances; and
WHEREAS, the Borough acknowledges certain problems associated with parking in the front, side and rear yard areas of Seasonal Rental Properties located within the Borough of Point Pleasant Beach; and
WHEREAS, the Borough seeks to allevatiate these problems;
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Point Pleasant Beach, County of Ocean, State of New Jersey, as follows:
SECTION I

There shall be created Section 9-3.14 to be entitled “Parking on Yards of Seasonal Rental Properties”, said section to provide as follows:

9-3.14
a. Definitions and word usage:

Any words or phrases used in this chapter shall have the same meanings as those given to them in Subtitle 1 of Title 39 of the Revised Statutes of the State of New Jersey, the New Jersey Administrative Code, specifically N.J.A.C. 5:21 (2013), and the Borough of Point Pleasant Beach Municipal Code Sections 9-1 the Borough of Point Pleasant Beach Municipal Code Section 14-3.5.

"Driveway" means a defined paved or unpaved surface providing vehicular access to a street. A driveway is not a road, street, boulevard, highway, or parkway. In order to be considered a driveway containing off-street parking spaces for the purposes of this Ordinance the driveway must be separated from the yard adjacent thereto by a permanent unmovable maker satisfactory to the official that does the inspection for the rental Certificate of Occupancy.

"Off-Street Parking Space" means a storage area for a motor vehicle that is directly accessible to an access aisle and that is not located within a dedicated street right-of-way.

“Parking" means the standing or waiting on a street, road or highway of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals.

“Seasonal Rental Property” means any property required to obtain a Seasonal Certificate of Occupancy by the Ordinances of the Borough of Point Pleasant Beach.

b. No person shall park a vehicle in the front, side, or rear yard of any seasonal rental property. Vehicles may only be parked in an off-street parking space of a seasonal rental property delineated a legal parking space and/or delinated as a driveway on the drawing required by the Code of the Borough of Point Pleasant Beach to be supplied with all applications for a Seasonal Certificate of Occupancy.

c. The Borough of Point Pleasant Beach Police Department is hereby authorized to issue summonses to the registered owner(s) of any and all vehicles in violation of this Ordinance and to affix same to the driver side windshield of any and all vehicles.

d. Any person who violates any one or more subsections of this chapter shall be subject to a fine in the minimum amount of two hundred fifty ($250.00) dollars for each separate offense plus community service as permitted by the laws of the State of New Jersey.

e. Parking may be permitted in the yard area of seasonal renatal properties under certain conditions as approved by the Borough Administrator. Said conditions shall include, but shall not be limited to the following:

i. the size, shape and location of the property for which the permit is requested;
ii. availability and proximity of alternative parking; or
iii. other matters affecting the health and safety of the residents of Point Pleasant Beach.
iv. no property found in violation any of the Ordinances of the Borough of Point Pleasant Beach within the year immediately preceding the application to the Borough Adminstrator shall be granted a permit.

f. The Governing Body of the Borough of Point Pleasant Beach shall have the authority to review the determination of the Borough Administrator. A determination to deny a permit may be reviewed upon application by the property owner to the Municipal Clerk. The Governing Body may, in its sole discreation, review any determination to grant a permit.

i. The applicant shall be heard at one of the next two regularly scheduled meetings of the Governing Body after delivery of the review application to the Municipal Clerk, or the announcement of the Governing Body that it will review the decion to grant the permit.
ii. Upon the granting of permission by the Governing Body, the resident(s) shall be issued a parking decal for their parking placard. The placard must be displayed decal side up on the driver’s side dashboard.
iii. The permit shall be good for a 4 month period and shall require renewal thereafter upon the submission of an additional request to the governing body.

g. Any person who has received a permit pursunt to this section immediately forfeits that permit when charged with an offense under this chapter unless and until the charge is resolved in the favor of the permittee.

SECTION II

Chapter 27, Section 27-8 entiled “Applications for a Seasonal Rental License” shall be amended to add:

h. A drawing, satisfactory to the Zoning Officer, delinating the approved driveway and any and all legal parking spaces on the property, and clearly delinating the front, side and rear yards of the property. Said delination shall be by way of a permanent, unmovable marker approved by the official who conducts the Certificdate of Occupancy inspection. The drawing shall prominently announce the fact that there is no parking on the delinated front, side and/or rear lawns. A copy of this drawing shall be kept on file in the building department and the police department. The owner shall post a copy of the drawing in the dwelling unit in the same location as the Certificate of Occupancy for the unit, and deliver a copy of such drawing to each and every tenant at the beginning of the tennant’s rental term. Any dispute concerning the drawing shall be an appeal to the Zoning Board from the determination of the Zoning Officer.

SECTION III
In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.
SECTION IV

This Ordinance shall take effect immediately upon its final passage and publication as required by law.
SECTION V

The Borough Clerk is hereby directed, upon adoption of the Ordinance after public hearing thereon, to publish notice of the passage thereof and to file a copy of this Ordinance as finally adopted as required by New Jersey law.

NOTICE
NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 21st day of April 2015 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 5th day of May, 2015 at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place any person desiring to be heard will be given an opportunity to be so heard.



______________________________
EILEEN A. FARRELL, RMC
Municipal Clerk


Published April22, 2015 | New Ordinances | 2080


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