[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay 5-7-1991. Amendments noted where applicable.]
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.
For the purpose of this chapter, the following terms, phrases
and words shall have the meanings ascribed herein:
Any person hired by any employer for a permanent position
regularly scheduled for 30 or more hours of employment weekly.
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.
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:
It is known, or to be known, by a common name given to the project
by its developer.
It is governed, or to be governed, by a common set of covenants,
conditions and restrictions.
It was approved, or is to be approved, as a single entity.
It is covered by a single conceptual, preliminary or final site
plan.
Any workplace in the town not located within an employment
center or office complex where a single employer customarily employs
100 or more employees.
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.
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.
Shall be deemed the Town of Oyster Bay.
Shall be deemed the Town Board of the Town of Oyster Bay.
An appointed body which shall serve, without compensation,
at the pleasure of the Town Board for transportation issues as set
forth herein.
Any employment center, office complex or major employer site
located in the town.
A representative designated to serve as the employer, traffic
generator or Transportation Management Association liaison to the
town.
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.
Any entity, other than a traffic generator, that may be established
for the purpose of furthering the intent and purpose of this chapter.
The place of employment, base of operation, or predominant
work location of an employee.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
