Authorizes the city of Albany, by adoption of a local law or ordinance, to provide for a residential parking permit system in such city within three-quarters of a mile radius of the Nelson A. Rockefeller Empire State Plaza.
Ayes (19): Smith, Espada, Stachowski, Montgomery, Duane, Hassell-Thompson, Krueger, Parker, Serrano, Stewart-Cousins, Dilan, Klein, Valesky, Monserrate, Padavan, Farley, LaValle, Larkin, Saland
Ayes W/R (1): Skelos
Nays (3): Volker, Seward, Hannon
Excused (1): Johnson O
BILL NUMBER: S396
TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to authorizing a pilot residential parking permit system in the city of Albany and providing for the repeal of such provisions upon expiration thereof
Provides for the city of Albany to adopt a pilot residential parking permit system within certain areas of the city.
SUMMARY OF SPECIFIC PROVISIONS :
Section 1: Legislative findings and intent.
Section 2: Amends the vehicle and traffic law by adding a new section 1640-m, which would allow the common council of the city of Albany to adopt a local ordinance to provide for a pilot residential parking permit system with a two year sunset. Requires that the residential parking system may only be established within a one mile radius of the Nelson A. Rockefeller Empire State Plaza. Permits will be issued on no more than 2,750 spaces within the permit areas. The permitted streets within this area shall be described in a local law or ordinance adopted by the common council pursuant to this section. Provides that no permit will be required on streets where the adjacent properties are zoned for commercial, office and/or retail use. Outlines the local law or ordinances to be adopted by the common council of the city of Albany. Provides for a public hearing prior to implementation.
Section 3: Effective date.
This is a two-year pilot program that attempts to alleviate the parking problems faced by downtown residents. Parking and the lack of it in the city of Albany is a growing problem in many areas of the city. An expanding workforce within the city, the proliferation of a large student population and a lack of driveways for pre-automobile homes has resulted in a glut of automobiles on city streets. This leaves the residents of the City with the almost impossible task of parking near their homes.
PRIOR LEGISLATIVE HISTORY :
2007/2008 - S.3067/A.5697 Remained in the Senate/Assembly Committee on Transportation
FISCAL IMPLICATIONS :
None to the State.
EFFECTIVE DATE : Immediately.
STATE OF NEW YORK ________________________________________________________________________ S. 396--A A. 1039--A 2009-2010 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 7, 2009 ___________IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Transporta- tion -- recommitted to the Committee on Transportation in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee IN ASSEMBLY -- Introduced by M. of A. McENENY -- read once and referred to the Committee on Transportation -- recommitted to the Committee on Transportation in accordance with Assembly Rule 3, sec. 2 -- 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 authorizing a pilot residential parking permit system in the city of Albany 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 a lack of parking for residents of certain areas of the city of Albany has resulted in traffic hazards, congestion and air and noise pollution. In addition, such lack of parking poses a hazard to residents and other pedestrians in such areas. The legislature further finds that a pilot residential parking permit system will reduce such hazards and will reduce pollution levels as well. The legislature, therefore, recognizing that alternate, off-street parking spaces have become available for workers commuting to the down- town area, hereby declares the necessity of this act to authorize the city of Albany to adopt a pilot residential parking permit system in accordance with the provisions of this act.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00950-03-0 S. 396--A 2 A. 1039--A
S 2. The vehicle and traffic law is amended by adding a new section 1640-m to read as follows: S 1640-M. PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBA- NY. 1. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE CITY OF ALBANY MAY, BY ADOPTION OF A LOCAL LAW OR ORDINANCE, PROVIDE FOR A RESIDENTIAL PARKING PERMIT SYSTEM AND FIX AND REQUIRE THE PAYMENT OF FEES APPLICABLE TO PARKING WITHIN CERTAIN AREAS OF THE CITY OR AS DELIN- EATED BY THE COMMON COUNCIL OF THE CITY OF ALBANY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. 2. SUCH RESIDENTIAL PARKING PERMIT SYSTEM MAY ONLY BE ESTABLISHED WITHIN THE AREAS OF THE CITY OF ALBANY DESCRIBED AS FOLLOWS: AN AREA WITHIN THREE-QUARTERS OF A MILE RADIUS OF THE NELSON A. ROCKEFELLER EMPIRE STATE PLAZA. THE PERMITTED STREETS WITHIN THIS AREA SHALL BE DESCRIBED IN A LOCAL LAW OR ORDINANCE ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ALBANY PURSUANT TO THIS SECTION. 3. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, NO PERMIT SHALL BE REQUIRED ON STREETS WHERE THE ADJACENT PROPERTIES ARE ZONED FOR COMMER- CIAL, OFFICE AND/OR RETAIL USE. 4. THE LOCAL LAW PROVIDING FOR SUCH RESIDENTIAL PARKING PERMIT SYSTEM SHALL: A. SET FORTH THE SPECIFIC FACTORS WHICH NECESSITATE THE IMPLEMENTATION OF SAID SYSTEM AND SHALL INCLUDE, BUT NOT BE LIMITED TO, FINDINGS OF FACTS AS TO THE EXISTENCE OF SUCH TRAFFIC HAZARDS, CONGESTION AND AIR AND NOISE POLLUTION WITHIN ANY SUCH AREAS; 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 THE DAYS OF THE WEEK DURING WHICH PERMIT REQUIREMENTS SHALL BE IN EFFECT; D. MAKE NOT LESS THAN TWENTY PERCENT OF ALL SPACES WITHIN THE PERMIT AREA OR AREAS AVAILABLE TO NONRESIDENTS WHICH SHALL PROVIDE SHORT-TERM PARKING OF NOT LESS THAN NINETY MINUTES IN DURATION IN SUCH AREA OR AREAS; E. MAKE NOT MORE THAN TWO THOUSAND SEVEN HUNDRED FIFTY OF THE APPROXI- MATELY NINE THOUSAND RESIDENTIAL SPACES WITHIN THE PERMIT AREA OR AREAS AVAILABLE FOR RESIDENTIAL PARKING BY PERMIT; F. PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR RESIDENTIAL PERMITS; AND G. PROVIDE THAT SUCH FEES SHALL BE CREDITED TO THE GENERAL FUND OF THE CITY OF ALBANY. 5. NO LOCAL LAW OR ORDINANCE SHALL BE ADOPTED PURSUANT TO THIS SECTION UNTIL A PUBLIC HEARING THEREON HAS BEEN HELD BY THE COMMON COUNCIL OF THE CITY OF ALBANY CONCERNING THE DESIGNATION OF THE CERTAIN AREA OR AREAS IN WHICH SAID PARKING PERMIT SYSTEM IS TO BE IMPLEMENTED. S 3. This act shall take effect immediately and shall remain in full force and effect for a period of 730 days after the implementation of the local law or ordinance adopted by the city of Albany pursuant to section 1640-m of the vehicle and traffic law as added by section two of this act at which time this act shall expire and be deemed repealed.