§ 226-4 Chapter 226 Parking Areas

Traffic and parking control standards.

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A. Owners of subject premises shall be ordered by the Town Board to conform to any or all of the following standards relating to traffic and parking control on subject premises where such conformance is deemed necessary by the Town Board, in its discretion, to promote the public health, safety and welfare and to ensure the safe and unhazardous use of such subject premises:

(1) Fire lanes shall be established and maintained in the parking area at the front, side and rear of all buildings and structures on subject premises and properly painted and marked as such. Vehicular parking and standing is prohibited in a fire lane, except that a commercial enterprise may use the fire lane adjacent to it as a pickup station for its customer's use, provided that such activity does not cause a traffic hazard and the Town Board grants its approval for such use of the fire lanes.

(2) Traffic lanes for the control and regulation of automobile, truck, bicycle, other vehicle and pedestrian flow in the parking area shall be established and maintained and properly delineated through the use of pavement markings, signs and median strips.

(3) Parking lines for parking spaces shall be established and maintained in the parking area and properly painted and marked as such.

(4) Provision shall be made on subject premises for the parking of bicycles and motorbikes.

(5) Parking spaces in the parking area shall be set aside and designated for handicapped persons and ramp facilities provided where necessary. Parking spaces for the handicapped as provided for in §§ 1203-a and 1203-c of the New York Vehicle and Traffic Law shall also be extended to a motor vehicle registered in accordance with § 404-a of the Vehicle and Traffic Law. A handicapped permit issued in accordance with the provisions of § 1203-a of the Vehicle and Traffic Law shall entitle the driver to park in such parking spaces. Parking spaces for the handicapped shall be those parking spaces reserved for those holders of a handicapped parking permit as provided in accordance with § 1203-a or 404-a of the Vehicle and Traffic Law.

[Amended 11-7-1985 by L.L. No. 4-1985]

(6) Provision shall be made for the safe movement of pedestrians while in the parking area or accessory area through the use of walkways, medians and crosswalks.

(7) Curbing and traffic barriers or islands shall be built where necessary and maintained so as to enforce desired traffic patterns within the parking area. Where possible, traffic islands shall contain vegetation and landscaping conducive to growth in a parking area environment.

(8) Stop signs, flashing signals or yield signs shall be erected at entrance or exit locations to a parking area or at intersections within the parking area where required for traffic safety.

(9) Signs regulating parking, traffic flow and speed limits on subject premises shall be erected.

(10) The owner may be required to properly designate an agent for service of process who resides in and has an office in Monroe County, State of New York.

B. Procedure for establishing traffic and parking control standards.

(1) The authorized official, at the direction of the Town Board, shall notify the owner of subject premises of the standards for traffic and parking control which must be met. Such notice shall be in writing and addressed to the owner of record of such subject premises at the address shown on the last preceding assessment roll, and sent by certified mail, return receipt requested, or hand delivered. Within 30 days of the receipt of such notice or within such time as the authorized official consents, such owner shall present to the authorized official a Comprehensive Plan and time schedule for conforming to such standards. The authorized official, after review of such plan by the Planning Board, the Town Engineer and other appropriate boards or officials shall present such plans and time schedule to the Town Board which may make such revisions or add such requirements as it deems necessary to promote the public health, safety and welfare and to ensure the safe and unhazardous use of such subject premises. Such owner shall be notified in writing by certified mail, return receipt requested, or by hand delivery of the approval of such plan and time schedule, together with revisions and/or additional requirements to be met. Subsequent to such notification, such owner shall conform to the standards and requirements as finally determined by the Town Board within the time schedule so specified, except where such owner makes application to the Town Board for a public hearing as provided herein, in which case, conformance shall be stayed until the decision of the Town Board subsequent to such public hearing.

(2) Within 10 days of receipt of notification of such plan and time schedule, together with revisions and/or additional requirements, an owner of subject premises may make written application to the Town Board for a public hearing under this section for purposes of reviewing the traffic and parking control standards required by the Town Board and to permit such owner to submit any objections to the plan and time schedule as may be revised by the Town Board, for the public record and for the Town Board's further consideration.

(3) Failure of the owner of such subject premises to conform to the standards and requirements as finally determined by the Town Board within the specified time schedule shall be a violation of this chapter and such owner shall be subject to the enforcement proceedings set forth in § 226-7 and to the penalties set forth in § 226-7 herein.

C. The standards set forth in Subsection A of this section shall be applied by the Planning Board and Town Board on application by an owner of property for site plan approval where such property, after approval, would fall within the definition of "subject premises" herein.

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