S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5187--A
           Cal. No. 740
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 6, 2015
                                      ___________
       Introduced  by  Sen.  STEWART-COUSINS -- 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,  ordered  to  a  third reading, amended and ordered reprinted,
         retaining its place in the order of third reading
       AN ACT to amend the vehicle and traffic law, in relation to the residen-
         tial parking system in the village of Dobbs Ferry  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:
    1    Section  1.  Legislative  findings and intent.   The legislature finds
    2  that the village of Dobbs Ferry encompasses approximately 3  miles,  has
    3  over  11,000  residents and has within its boundaries a railroad station
    4  maintained and operated by the Metro North division of the  Metropolitan
    5  Transportation  Authority.  The  Dobbs  Ferry  Station  attracts a large
    6  number of commuters and travelers  from  outside  of  the  village.  The
    7  station generates significant traffic and congestion and while there are
    8  public and private off-street parking areas, commuters and train passen-
    9  gers park on local streets adjoining the station. The residential neigh-
   10  borhoods  adjoining  the  train  station  are among Dobbs Ferry's oldest
   11  neighborhoods and lack sufficient  off-street  parking  to  serve  local
   12  residents.  Many  homes lack adequate off-street parking. The additional
   13  burden of commuter parking has resulted in traffic  hazards,  congestion
   14  and  air and noise pollution. In addition the overflow of commuter park-
   15  ing on the residential streets poses a hazard to residents and pedestri-
   16  ans in the area.
   17    The legislature further finds that a residential parking  system  will
   18  reduce such hazards and will reduce pollution levels as well. The legis-
   19  lature  therefore  declares  the  necessity of this act to authorize the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10886-05-5
       S. 5187--A                          2
    1  village of Dobbs Ferry in the county of Westchester to adopt a  residen-
    2  tial parking system in accordance with the provisions of this act.
    3    S  2.  The  vehicle and traffic law is amended by adding a new section
    4  1640-o to read as follows:
    5    S 1640-O. RESIDENTIAL PARKING SYSTEM IN THE VILLAGE OF DOBBS FERRY  IN
    6  THE  COUNTY OF WESTCHESTER. 1. NOTWITHSTANDING THE PROVISIONS OF ANY LAW
    7  TO THE CONTRARY, THE VILLAGE BOARD OF THE VILLAGE OF DOBBS FERRY MAY, BY
    8  ADOPTION OF A LOCAL LAW OR ORDINANCE, PROVIDE FOR A RESIDENTIAL  PARKING
    9  PERMIT  SYSTEM  AND  FIX  AND  REQUIRE THE PAYMENT OF FEES APPLICABLE TO
   10  PARKING WITHIN THE AREA IN WHICH SUCH PARKING SYSTEM  IS  IN  EFFECT  IN
   11  ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
   12    2.  SUCH  RESIDENTIAL PARKING PERMIT SYSTEM MAY ONLY BE ESTABLISHED IN
   13  THE VILLAGE OF DOBBS FERRY WITHIN THE AREA OF THE VILLAGE CONSISTING  OF
   14  THE FOLLOWING ROADWAYS:
   15    (A) OAK STREET, FROM BROADWAY TO MAIN STREET;
   16    (B) ELM STREET, FROM BROADWAY TO MAIN STREET;
   17    (C) CHESTNUT STREET, FROM BROADWAY TO MAIN STREET;
   18    (D) WALNUT STREET, FROM BROADWAY TO LIVINGSTON AVENUE;
   19    (E) HATCH TERRACE, FROM BROADWAY TO WALNUT STREET;
   20    (F) PALISADE STREET, FROM CEDAR STREET TO CHESTNUT STREET;
   21    (G) RIVERSIDE PLACE;
   22    (H)  CEDAR  STREET, FROM MAIN STREET TO A POINT 750 FEET WEST OF PALI-
   23  SADE STREET;
   24    (I) THE PORTION OF DRAPER LANE OWNED BY THE VILLAGE OF DOBBS FERRY.
   25    3. NOTWITHSTANDING THE FOREGOING, NO PERMIT SHALL BE REQUIRED ON THOSE
   26  PORTIONS OF SUCH STREETS WHERE THE ADJACENT  PROPERTIES  ARE  ZONED  FOR
   27  COMMERCIAL, OFFICE AND/OR RETAIL USE.
   28    4.  THE  LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH RESIDENTIAL PARKING
   29  SYSTEM SHALL:
   30    (A) SET FORTH FACTORS NECESSITATING  THE  ENACTMENT  OF  SUCH  PARKING
   31  SYSTEM;
   32    (B)  PROVIDE  THAT  MOTOR VEHICLES REGISTERED PURSUANT TO SECTION FOUR
   33  HUNDRED FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT  REQUIRE-
   34  MENT;
   35    (C)  PROVIDE  THE  TIMES  OF THE DAY AND DAYS OF THE WEEK DURING WHICH
   36  PERMIT REQUIREMENTS SHALL BE IN EFFECT;
   37    (D) MAKE NOT LESS THAN TWENTY PERCENT OF THE SPACES WITHIN THE  PERMIT
   38  AREA  AVAILABLE TO NONRESIDENTS, AND SHALL PROVIDE SHORT TERM PARKING OF
   39  NOT LESS THAN SIXTY MINUTES IN DURATION IN THE PERMIT AREA;
   40    (E) PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR SUCH PERMITS; AND
   41    (F) PROVIDE THAT SUCH FEES SHALL BE CREDITED TO THE  GENERAL  FUND  OF
   42  THE VILLAGE OF DOBBS FERRY UNLESS OTHERWISE SPECIFIED IN SUCH LOCAL LAW.
   43    5.  NO  ORDINANCE  SHALL  BE  ADOPTED PURSUANT TO THIS SECTION UNTIL A
   44  PUBLIC HEARING THEREON HAS BEEN HAD IN THE SAME MANNER AS  REQUIRED  FOR
   45  PUBLIC HEARINGS ON A LOCAL LAW PURSUANT TO THE MUNICIPAL HOME RULE LAW.
   46    6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY STATE HIGHWAY
   47  MAINTAINED BY THE STATE.
   48    S  3.  This  act  shall take effect on the sixtieth day after it shall
   49  have become a law and shall expire on January 1,  2018  when  upon  such
   50  date the provisions of this act shall be deemed repealed.