S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9002--A

                          I N  A S S E M B L Y

                              March 6, 2014
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on  Transportation  --  committee  discharged,  bill  amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to the residen-
  tial parking system in the village of  Bronxville  in  the  county  of
  Westchester;  and  providing  for  the  repeal of such provisions upon
  expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Legislative  findings and intent. The legislature finds
that there is a potential for a temporary severe shortage of parking for
residents in the village of  Bronxville,  Westchester  county  from  the
displacement  of  approximately  one  hundred eighty vehicles from three
public parking lots located adjacent to the  Metro-North  train  station
abutting  Kensington  road  in the village of Bronxville during a thirty
month period of construction at such locations. This lack of parking  is
likely  to  result  in  traffic  hazards,  congestion  and air and noise
pollution, and could pose a hazard to residents and other pedestrians in
the area. The  legislature  further  finds  that,  contingent  upon  the
adoption  of a finding by the village board of the village of Bronxville
that such public parking lots  will  be  closed  or  otherwise  be  made
unavailable for public parking, that such vehicles will be displaced and
that  a  residential  parking  system would be in the public interest, a
residential parking system would reduce such hazards  and  would  reduce
pollution  levels  as  well. The legislature, therefore, hereby declares
the necessity of this act to authorize  the  village  of  Bronxville  to
adopt  a residential parking system in accordance with the provisions of
this act.
  S 2. The vehicle and traffic law is amended by adding  a  new  section
1640-n to read as follows:
  S  1640-N.  RESIDENTIAL PARKING SYSTEM IN THE VILLAGE OF BRONXVILLE IN
THE COUNTY OF WESTCHESTER. 1. NOTWITHSTANDING THE PROVISIONS OF ANY  LAW
TO  THE CONTRARY, THE VILLAGE BOARD OF THE VILLAGE OF BRONXVILLE MAY, BY
ADOPTION OF A LOCAL LAW OR ORDINANCE, PROVIDE FOR A RESIDENTIAL  PARKING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13340-03-4

A. 9002--A                          2

PERMIT  SYSTEM  AND  FIX  AND  REQUIRE THE PAYMENT OF FEES APPLICABLE TO
PARKING WITHIN THE AREA IN WHICH SUCH PARKING SYSTEM  IS  IN  EFFECT  IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  2.  SUCH  RESIDENTIAL PARKING PERMIT SYSTEM MAY ONLY BE ESTABLISHED IN
THE VILLAGE OF BRONXVILLE WITHIN THE AREA OF THE VILLAGE  CONSISTING  OF
THE FOLLOWING ROADWAYS:
  (A) KENSINGTON ROAD, FROM PONDFIELD ROAD TO OVAL COURT;
  (B) SAGAMORE ROAD, FROM PONDFIELD ROAD TO THE VILLAGE LINE;
  (C) VALLEY ROAD, FROM PONDFIELD ROAD TO PRESCOTT AVENUE;
  (D) GARDEN AVENUE;
  (E) DEWITT AVENUE;
  (F) PAXTON AVENUE, FROM PARKWAY ROAD TO PALMER AVENUE.
  3. NOTWITHSTANDING THE FOREGOING, NO PERMIT SHALL BE REQUIRED ON THOSE
PORTIONS  OF  SUCH  STREETS  WHERE THE ADJACENT PROPERTIES ARE ZONED FOR
COMMERCIAL/RETAIL USE.
  4. THE LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH  RESIDENTIAL  PARKING
SYSTEM SHALL:
  (A)  SET  FORTH  FACTORS  NECESSITATING  THE ENACTMENT OF SUCH PARKING
SYSTEM;
  (B) PROVIDE THAT MOTOR VEHICLES REGISTERED PURSUANT  TO  SECTION  FOUR
HUNDRED  FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT REQUIRE-
MENT;
  (C) PROVIDE THE TIMES OF THE DAY AND DAYS OF  THE  WEEK  DURING  WHICH
PERMIT REQUIREMENTS SHALL BE IN EFFECT;
  (D)  MAKE NOT LESS THAN TWENTY PERCENT OF THE SPACES WITHIN THE PERMIT
AREA AVAILABLE TO NONRESIDENTS, AND SHALL PROVIDE SHORT TERM PARKING  OF
NOT LESS THAN SIXTY MINUTES IN DURATION IN THE PERMIT AREA;
  (E) PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR SUCH PERMITS; AND
  (F)  PROVIDE  THAT  SUCH FEES SHALL BE CREDITED TO THE GENERAL FUND OF
THE VILLAGE OF BRONXVILLE UNLESS OTHERWISE SPECIFIED IN SUCH LOCAL LAW.
  5. NO LOCAL LAW OR ORDINANCE SHALL BE ADOPTED PURSUANT TO THIS SECTION
UNTIL THE VILLAGE BOARD OF THE VILLAGE OF BRONXVILLE HAS ADOPTED A FIND-
ING THAT THE THREE PUBLIC PARKING  LOTS  ABUTTING  KENSINGTON  ROAD  AND
ADJACENT  TO  THE METRO-NORTH TRAIN STATION WITHIN THE VILLAGE OF BRONX-
VILLE, WESTCHESTER COUNTY WILL BE CLOSED OR OTHERWISE BE  MADE  UNAVAIL-
ABLE  FOR PUBLIC PARKING, THAT APPROXIMATELY ONE HUNDRED EIGHTY VEHICLES
WILL BE DISPLACED FROM SUCH PARKING LOTS AND THAT A RESIDENTIAL  PARKING
SYSTEM  WOULD  BE  IN  THE PUBLIC INTEREST; AND A PUBLIC HEARING ON SUCH
ORDINANCE HAS BEEN HAD IN THE SAME MANNER AS REQUIRED FOR  PUBLIC  HEAR-
INGS ON A LOCAL LAW PURSUANT TO THE MUNICIPAL HOME RULE LAW.
  6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY STATE HIGHWAY
MAINTAINED BY THE STATE.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law and shall expire on January 1,  2017  when  upon  such
date the provisions of this act shall be deemed repealed.