Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 5-7-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Speed limits — See Ch. 203.
Vehicle and traffic — See Ch. 233.

§ 223-1 Declaration of policy; purpose and intent.

A. 
The Town Board of the Town of Oyster Bay hereby declares that it is the policy of the town to maximize the service of the transportation network by mitigating traffic congestion on the public highway system, minimize any related adverse impacts and increase the capacity of passengers on the public highway system itself. Reductions in vehicle trips, both absolutely and within peak-hour periods, are beneficial in terms of reducing traffic congestion, vehicular emissions, energy consumption and noise levels. The improved traffic levels of service, air quality and ambient noise levels contribute to making the community an attractive and convenient place to live, visit and do business.
B. 
The intent of this chapter is to establish a process by which the community can better recognize the transportation issues it faces and exchange information and views between and among the public and private sectors. The collection and analysis of transportation related data will provide the town the opportunity to offer assistance to the private sector in achieving compliance with provisions of legislation, including the Federal Clean Air Act, as amended, which mandate traffic mitigation measures. In providing this information, the town may maximize the use of analytic techniques and computer tools to provide optimal solutions for maximizing personal and product mobility.
C. 
Since the purpose of this chapter is to provide a transportation management system, energy conservation and maintenance of noise and air-quality levels within established standards, it is determined that this chapter is in the best interests of the public's health, safety and general welfare, both within the town and the region.

§ 223-2 Definitions.

For the purpose of this chapter, the following terms, phrases and words shall have the meanings ascribed herein:
EMPLOYEE
Any person hired by any employer for a permanent position regularly scheduled for 30 or more hours of employment weekly.
EMPLOYER
Any entity which employs people, including but not limited to businesses, corporations, government entities and private institutions, and has a permanent place of business in the town.
EMPLOYMENT CENTER
Any industrial park or office park in the town, as determined by the Town Board, which is served by a common circulation and access system, where buildings in the aggregate are equal to or more than 1,000,000 square feet of floor area, and which can be identified by one of the following characteristics:
A. 
It is known, or to be known, by a common name given to the project by its developer.
B. 
It is governed, or to be governed, by a common set of covenants, conditions and restrictions.
C. 
It was approved, or is to be approved, as a single entity.
D. 
It is covered by a single conceptual, preliminary or final site plan.
MAJOR EMPLOYER SITE
Any workplace in the town not located within an employment center or office complex where a single employer customarily employs 100 or more employees.
OFFICE COMPLEX
Any office building or buildings in the town as determined by the Town Board not located within an employment center which encompasses 250,000 square feet or more of office area.
PEAK-HOUR PERIODS
The morning and evening time periods during which maximum traffic generally occurs on local roads. For purposes of this chapter, the peak-hour periods are deemed 7:30 a.m. through 9:30 a.m. and 4:30 p.m. through 6:30 p.m., prevailing time.
TOWN
Shall be deemed the Town of Oyster Bay.
TOWN BOARD
Shall be deemed the Town Board of the Town of Oyster Bay.
TOWN TRANSPORTATION COMMISSION (TTC)
An appointed body which shall serve, without compensation, at the pleasure of the Town Board for transportation issues as set forth herein.
TRAFFIC GENERATOR
Any employment center, office complex or major employer site located in the town.
TRANSPORTATION COORDINATOR
A representative designated to serve as the employer, traffic generator or Transportation Management Association liaison to the town.
TRANSPORTATION MANAGEMENT ASSOCIATION (TMA)
An entity established by a traffic generator or other voluntary organization for the purpose of facilitating private sector involvement in transportation issues in cooperation with the Town Transportation Commission.
VOLUNTARY ORGANIZATION
Any entity, other than a traffic generator, that may be established for the purpose of furthering the intent and purpose of this chapter.
WORKPLACE
The place of employment, base of operation, or predominant work location of an employee.

§ 223-3 Applicability.

A. 
General. All existing and proposed traffic generators and employers with work places located therein which meet the criteria established herein shall be subject to the requirements of this chapter.
B. 
Existing traffic generators. All existing entities which meet the criteria established herein shall comply with the requirements of this chapter, with the exception of § 223-8.
C. 
Proposed traffic generators. All proposed developments and conversions of use of existing structures which would meet criteria established herein at the adoption of this chapter shall comply with all provisions of § 223-7 or any rule, regulation or specification promulgated thereunder prior to the issuance of a certificate of occupancy.
D. 
Voluntary organizations. All voluntary organizations may comply with the requirements of this chapter and shall not be subject to the provisions of §§ 223-9 and 223-10.

§ 223-4 Town Transportation Commission (TTC).

A. 
Establishment. In accordance with the purpose and intent of this chapter, the Town Board shall appoint a Town Transportation Commission (TTC).
B. 
Composition. The TTC shall consist of the following:
(1) 
One representative from the Intergovernmental Affairs Department.
(2) 
One representative from the Planning and Development Department.
(3) 
One representative from the Public Works Department.
(4) 
One representative from the Environmental Resources Department.
(5) 
One representative from the Nassau County Planning Commission.
C. 
Responsibility. The duty and responsibility of the TTC shall include, but not be limited to, the following:
(1) 
Collecting, analyzing and modeling existing traffic condition data on roadways located wholly or partially within the town.
(2) 
Analyzing annual transportation management reports and other relative survey results.
(3) 
Coordinating with other town departments, employers, traffic generators, TMA's and other governmental agencies appropriate transportation-related functions.
(4) 
Investigating, studying and making recommendations to the Town Board concerning transportation management policies.
(5) 
Investigating, studying and making recommendations upon any special matter or question coming within the scope of its work when requested by the Town Board.
(6) 
Verifying compliance with this chapter.

§ 223-5 Transportation Management Associations (TMA).

A. 
Establishment. A traffic generator or other voluntary organization may establish a Transportation Management Association (TMA).
B. 
Structure. Each traffic generator or voluntary organization shall determine the organization and structure of its TMA.
C. 
Transportation Coordinator. The TMA shall designate a Transportation Coordinator to act as a liaison to the town and shall notify the TTC of said designee. All notices and information regarding surveys, reports and traffic reduction plans required pursuant to this chapter shall be directed to the Transportation Coordinator. Notices communicated to the Transportation Coordinator shall be deemed effective as to the TMA when received, in writing, by the Coordinator.
D. 
Purpose. It shall be the duty and responsibility of the TMA to coordinate transportation management initiatives of employers with work sites located within the traffic generator or other determined area and serve in conjunction with the TTC as a forum for public/private sector consultation on a variety of subjects involving transportation issues.

§ 223-6 Duties of existing traffic generators.

A. 
Transportation Coordinator. All employers with a work site located within a traffic generator where said employer customarily employs 25 or more employees shall designate a transportation coordinator to act as a liaison to the town and shall notify the TTC of said designee. All notices and information regarding surveys, reports and traffic reduction plans required pursuant to this chapter shall be directed to the Transportation Coordinator. Notices communicated to the Transportation Coordinator shall be deemed effective as to the employer when received, in writing, by the coordinator.
B. 
Annual transportation management reports. All employers with a work site located within a traffic generator where said employer customarily employs 25 or more employees shall submit an annual transportation management report. The report shall be certified for accuracy as to scope and content to the TTC no later than June 1 and shall include, but not be limited to, the following:
(1) 
The employer's name and the address of the workplace.
(2) 
The name of the Transportation Coordinator, title and telephone number.
(3) 
The number of employees assigned to the workplace as of May 1.
(4) 
The starting and ending times of each work shift; the number of employees in each shift; and the residence postal zip codes of said employees.
(5) 
A description of any traffic mitigation measures the employer may have undertaken.
(6) 
A description of any transportation issues which may warrant attention.
C. 
Traffic mitigation. All employers are encouraged to consider the use of traffic mitigation measures, including but not limited to the following:
(1) 
Carpooling.
(2) 
Vanpooling.
(3) 
Jitney service.
(4) 
Shuttle service.
(5) 
Employer transit subsidies.
(6) 
Mass transit.
(7) 
Nonvehicular work trips.
(8) 
Staggered work hours.
(9) 
Flexible work hours.
(10) 
Park-and-ride facilities.
(11) 
Preferred parking for multiple occupant vehicles.
(12) 
Formation of a Transportation Management Association.

§ 223-7 Duties of proposed traffic generators.

A. 
Plan for compliance. All proposed traffic generators shall outline a program to comply with the duties and obligations of existing traffic generators, as provided herein, prior to the issuance of a certificate of occupancy.
B. 
Traffic management plan. All proposed traffic generators shall submit a traffic management plan that will describe traffic mitigation measures which minimize or avoid potential adverse impacts on local roadways to the maximum extent practicable prior to the issuance of a certificate of occupancy.

§ 223-8 Waiver for exceptional difficulties.

If, by reason of the nature of business of a particular employer, or the location, nature or circumstances affecting a particular traffic generator, measures required to achieve the traffic management goals specified herein would entail exceptional practical difficulties to an employer or the municipality, the TTC may grant, upon submission of a traffic reduction plan and accompanying application for relief hereunder, a waiver from the traffic management goals required herein. Said waiver shall not be effective unless and until the Town Board grants approval to a recommendation as submitted by the TTC. In granting such a waiver, the TTC shall require a traffic reduction plan which furthers the intent and purpose of this chapter to the extent practicable, given the circumstances.

§ 223-9 Enforcement.

It shall be the duty of the Commissioner of Intergovernmental Affairs, in consultation with the Town Attorney, to enforce the provisions of this chapter and all rules, regulations and designations made pursuant thereto.

§ 223-10 Penalties for offenses.

A. 
Annual transportation management reports. Failure to comply with provisions of § 223-6A or any rule, regulation or specification promulgated thereunder shall be deemed guilty of an offense against this chapter. After 30 days' notice to remedy said infraction, violators shall be subject to a fine of not less than $500. Each such violation shall constitute a separate offense and shall be punishable as such thereafter.
B. 
Miscellaneous. Failure to comply with any other provisions of this chapter or any rule, regulation or specification promulgated thereunder shall be deemed guilty of an offense against this chapter. After 30 days' notice to remedy said infraction, violators shall be subject to a fine of not less than $250. Each such violation shall constitute a separate offense and shall be punishable as such thereafter.

§ 223-11 Severability.

If any clause, sentence, subdivision, paragraph, section or part of this chapter is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to be the clause, sentence, subdivision, paragraph, section or part thereof directly involved in the case in which said judgment shall have been rendered.

§ 223-12 Effective date.

This chapter shall take effect January 1 on the year following adoption. Within 30 days following adoption, the Town Clerk will provide notice to all traffic generators of the provisions herein and the effective date.