Authorizes a residential parking system in the village of Bronxville.
Ayes (58): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Hassell-Thomps, Hoylman, Smith
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the residential parking system in the village of Bronxville in the county of Westchester; and providing for the repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL: To permit the village of Bronxville to adopt a local law or ordinance that would allow for a residential parking permit system for a period of two years.
SUMMARY OF SPECIFIC PROVISIONS:
Section one states legislative intent.
Section two amends the vehicle and traffic law by adding a new section 1640-n which allows the village of Bronxville, by adoption of a local law or ordinance, to provide for a residential parking system on certain specified roadways. No permit shall be required on those portions of the specified streets where the adjacent properties are zoned for commercial/retail use. Motor vehicles registered pursuant to section four hundred four-a of the vehicle and traffic law shall be exempt from any permit requirement. The village shall determine certain times and days during which permit requirements shall be in effect, make not less than twenty percent of the spaces within the permit area available to nonresidents, provide short term parking of not less than sixty minutes in the permit area and determine the fees for such permits. Additionally, no local law or ordinance shall be adopted pursuant to this section until the village board of the village of Bronxville has adopted a finding regarding certain specified issues. A public hearing on the ordinance shall take place before the adoption of the ordinance.
Section three defines the effective date.
JUSTIFICATION: The Village of Bronxville has entered into a contract to sell three public parking lots, located adjacent to the Metro-North train station along Kensington Road, to a private development company that plans to build residential condominium units with an underground parking garage on the land. The private developer will convey to the Village of Bronxville a permanent easement over enough of the new parking lot to replace at least that much public parking as currently exists on the property. In fact, the developer will convey a permanent easement to the Village for 200 parking spaces to replace the 180 parking spaces that currently exist on the Kensington Road lots.
A similar provision was passed into law in 2006, but the economic downturn prevented the project from moving forward when the previous developer lost solvency. With recovery underway, the Village has entered into a new contract with a new developer to move ahead with this much awaited project.
During the estimated two-year construction period, the 180 cars that currently park in the Kensington Road lots will be displaced. The Village of Bronxville is seeking proactively to establish a residential permit parking system to avert the inevitable parking crisis in the neighborhood that will occur during the period of
construction. The Village of Bronxville leases the 180 parking spaces in the Kensington Road lots to three distinct groups of drivers: 1) Village residents who live in the Kensington Road/Sagamore Road neighborhood ("neighborhood residents"); 2) Village residents who park their cars in the lot during the day and commute from the train station ("commuters"); 3) Merchants from the nearby commercial district. Significantly, it is only the neighborhood residents that the Village is seeking to protect by this legislation.
Roughly 125 neighborhood residents will be displaced during the two year period of construction. The Village seeks to issue residential parking permits to these neighborhood residents.
The Kensington Road/Sagamore Road neighborhood is a residential area consisting primarily of multiple dwelling buildings. Many of these units do not have driveways and do not offer on-site parking. The closure of the Kensington Road parking lot for two years will leave these neighborhood residents who currently park in the lot without any place near their homes to park. Moreover, the proximity of the neighborhood to the train station and downtown business district already puts parking pressure on the neighborhood residents. When the Kensington Road parking lot is closed, the parking pressure will increase dramatically as commuters and merchants seek to park on the roads in the Kensington Road/Sagamore Road neighborhood.
A two-year residential parking permit system is necessary to allow neighborhood residents the opportunity to park near their homes. This legislation will help alleviate the inevitable parking crisis in the neighborhood that will result by the closure of the Kensington Road lots during the period of construction.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATION: None to the state.
EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become law and shall expire on January 1, 2017 when upon such date the provisions of this act shall be deemed repealed.
STATE OF NEW YORK ________________________________________________________________________ 6861--A Cal. No. 660 IN SENATE March 20, 2014 ___________Introduced by Sen. LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third read- ing 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:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13340-04-4 S. 6861--A 2
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 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.