senate Bill S6861A

Signed by Governor

Authorizes a residential parking system in the village of Bronxville

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
view actions

actions

  • 20 / Mar / 2014
    • REFERRED TO TRANSPORTATION
  • 13 / May / 2014
    • 1ST REPORT CAL.660
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • AMENDED 6861A
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2014
    • HOME RULE REQUEST
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 12 / Jun / 2014
    • SUBSTITUTED FOR A9002A
  • 12 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.184
  • 12 / Jun / 2014
    • HOME RULE REQUEST
  • 12 / Jun / 2014
    • PASSED ASSEMBLY
  • 12 / Jun / 2014
    • RETURNED TO SENATE
  • 30 / Jun / 2014
    • DELIVERED TO GOVERNOR
  • 30 / Jun / 2014
    • SIGNED CHAP.80

Summary

Authorizes a residential parking system in the village of Bronxville.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A9002A
Versions:
S6861
S6861A
Legislative Cycle:
2013-2014
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add ยง1640-n, V & T L

Sponsor Memo

BILL NUMBER:S6861A

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.

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

                                 6861--A
    Cal. No. 660

                            I N  S E N A T E

                             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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.