[HISTORY: Adopted by the Common Council of the City of Plattsburgh as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-25-2003 by L.L. No. 9-2003]
The Common Council finds:
The public parking areas within the US Oval Parking District provide a general public benefit to persons visiting nearby City offices, recreation facilities and bicycle and walking paths.
The public parking areas are of special benefit to all lot owners within the US Oval Parking District in that such public parking areas meet the regular and occasional parking needs of lot owners and their tenants and guests.
Lots without sufficient land to provide the on-site parking required by the City Zoning Law benefit substantially more than lots that meet such requirements.
There is hereby established the US Oval Parking District. The following lots are deemed benefited by the public parking facilities provided by the City and such lots shall comprise the US Oval Parking District. The benefited lots are described as lots 4, 6, 7, 16, 17, 18, 19, 24 and 26 on a subdivision map entitled "PARC Subdivision Phase II, City of Plattsburgh" dated November 8, 2001, prepared by AES Northeast, PLLC, Scott B. Allen, L.S., which plans are recorded in the Clinton County Clerk's Office as Maps PL-B-243 through PL-B-251.
The public parking facilities included within the US Oval Parking District are the paved parking areas owned by the City of Plattsburgh and lying within the lands bounded by US Oval East and US Oval West.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The following costs are found necessary and incidental to the ownership and maintenance of the public parking facilities and shall be paid by levying a special assessment against lots within the US Oval Parking District: snow removal, cleaning, refuse removal, striping, signing, resurfacing, installation of curbs, drainage, crosswalks, lighting, and other costs associated with the improvement and maintenance of the parking facilities. The Common Council may by resolution establish capital accounts and reserve accounts for capital improvements to the parking facilities and include in the parking district levy the cost of funding such reserve accounts and paying bonded indebtedness incurred for such capital improvements. All such costs are referred to herein as "district costs." The City Planner and Superintendent of Public Works shall prepare an estimate of the annual district costs and submit such estimate to the Mayor on or before October 1 of each year.
The public is deemed benefited to the extent of 25% of the districts costs and such part of the district costs shall be paid from City general revenues. The benefit to all land, structures, and parts of structures owned or leased by the City of Plattsburgh shall be deemed to be paid by the amount paid by the City from general revenues. That gross floor area in a structure leased by the City shall be deducted from the total gross floor area of the structure in determining the portion or amount of the special assessment payable on any lot not owned by the City. Seventy five percent of the district costs shall be assessed and levied upon the all lots.
For each lot within the district, the Building Inspector shall determine the square foot floor area of each building or structure on the lot using exterior building dimensions.
The Building Inspector shall calculate the number of on site parking spaces required under the City Zoning Law based upon the building's occupancy or, if the building is vacant or unoccupied, then upon the permitted use which has the greatest parking requirement. The Building Inspector shall calculate the parking requirement for the building or structure based on the actual or permitted use of the gross floor area and shall not be required to adjust the calculations to take into account storage areas, hallways, bathrooms or other such areas within the structure or building. The resulting calculation is referred to herein as the "lot parking requirement."
The Building Inspector shall calculate the number of parking spaces provided on each improved lot as shown on site plan approved by the City of Plattsburgh Planning Board. If a lot does not have an approved site plan, the Building Inspector shall estimate the number of on site parking spaces that could be provided if the lot was developed with the maximum permitted lot coverage. The resulting calculation is referred to herein as the as the "lot parking provided." If the Building Inspector's determination of the lot parking required is based upon an estimate, it shall be revised upon subsequent Planning Board approval of a site plan for the lot.
The Lot Parking Provided shall be deducted from the lot parking requirement to arrive at the "lot parking deficiency" for each lot.
Lots with a lot parking deficiency are referred to herein as "parking deficient lot(s)".
The annexed schedule entitled "US Oval Parking District Benefit Allocation Schedule 11-1-2003" is hereby adopted. The percentage of district costs payable by each lot as set forth in such schedule shall be used by the Assessor to determine the amount of the special assessment levy on each lot. The percentage of district costs allocable to a lot may be amended by resolution of the Common Council only to reflect a change in a lot parking deficiency, as determined by the Building Inspector in accordance with the provisions of § 236-5.
The 75% of the district costs assessable to lots shall allocated and assessed among such lots as follows:
20% of the district costs shall be assessed on all benefited lots based on the proportion that the gross square footage of structures on a particular lot bears to the gross square footage of all structures on benefited lots.
80% of the district costs shall be assessed on parking deficient lots proportionately by dividing a lot's on-site parking deficiency by the total on-site parking deficiency for all parking deficient lots.
The Common Council shall levy a special assessment tax on all benefited lots sufficient to pay that portion of the estimated District Costs payable by the benefited lots and shall appropriate from the general fund that portion of the estimated district costs payable as a general City charge.
A lot shall be not be exempt from the payment of such special assessment by virtue of any payment in lieu of taxes agreement between the County of Clinton Industrial Development Agency and the owner of the lot.
The special assessment(s) authorized to be levied pursuant to this law shall be assessed and levied commencing with the 2004 City real property taxes.
The public parking areas shall not be used for:
Overnight parking of boats, trailers, recreational vehicles, camper trailers and trucks with a gross weight of more than 10,000 lbs.
Parking of any unregistered or unlicensed motor vehicle.
Making vehicle repairs.
Parking in areas which limit or prohibit parking pursuant to a duly posted sign.
A violation of the preceding section shall be punishable by a fine of $50.