All structures and land uses hereafter erected, enlarged, moved, created, changed in intensity or substantially altered shall be provided with the amount of off-street parking and loading space required by the terms of this article to meet the needs of persons occupying or using such structures or land. A permit for the erection, replacement or substantial alteration of a structure or land use shall not be issued unless off-street parking and loading facilities shall have been provided in accordance with the requirements set forth in this article, and such required parking and loading facilities shall be completed before a certificate of occupancy shall be issued.

In case of exceptional difficulty or unusual hardship to such properties, arising out of the requirement of this article, the Zoning Board of Appeals may reduce the parking requirements, but shall require such degree of compliance as it may deem reasonable.

Location. Required parking and loading spaces normally shall be provided upon the same lot as the use or structure to which they are accessory, except that off-street parking spaces required for structures or land uses on two or more adjacent lots, not separated by a street, may be provided in a single common facility on one or more of said lots, provided that a legal instrument, satisfactory to the Town Attorney, assures the continued existence of the parking facility to serve said structures or land uses as long as they may exist. Such agreements shall also guarantee that upon termination of such joint use, each subsequent use of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this article. In no event shall such parking and loading spaces for a nonresidential use be located in any residence district.

Joint use.

Shared parking spaces. The Planning Board, during site plan review, may approve the elimination of a portion of the required parking and allow for the shared use of parking spaces, provided that the Planning Board finds that the number of spaces to be provided will substantially meet the intent of this section by reason of variation in the probable time of maximum use by patrons and employees of the separate uses and provided the total number of spaces that would be required is reduced by no more than 50%. In such event, hours of operation may be imposed by the Planning Board as a condition of site plan approval and may be so noted by map note and by reference to Planning Board resolution on the certificate of occupancy issued with respect to the premises. The Planning Board may require that an unimproved reserve area be set aside to meet the full requirement for parking as per Subsection I below. Shared parking arrangement shall not be permitted unless there is a contractual obligation, to the satisfaction of the Planning Board Attorney, for the sharing of such parking spaces for the duration of the proposed use and the shared parking is available within 500 feet of the site.

Size of parking spaces.

Access.

Landscaping. Except for parking spaces accessory to a one or two-family dwelling, all off-street parking areas shall be landscaped with appropriate trees, shrubs and other plants and ground cover, as approved by the Planning Board, to assure a safe, convenient and attractive parking facility requiring only reasonable maintenance. The following standards shall be met unless specifically waived for stated reasons by the Planning Board at the time of site plan approval:

Grades, drainage on surfaces and marking. All required parking facilities shall be graded, surfaced, drained and maintained throughout the duration of its use to the satisfaction of the Town Engineer to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The maximum slope within a parking area shall not exceed 5%. In multifamily residential development and in nonresidential developments, the Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.

Traffic circulation. In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation and inter-use of parking facilities.

Waiver of improvement. Where the Planning Board determines that less than the required number of parking spaces will satisfy the intent of this chapter, said Board may waive the requirement in part, but not in excess of 50% of the number required according to § 220-56 herein. In all cases it shall be expressly demonstrated on the site plan that sufficient space remains for the provision of the total amount of off-street parking required and the site plan shall bear such designation. All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for parking. Written guaranties, satisfactory to the Town Attorney, shall be submitted by the applicant for the eventual improvement of any such spaces which may have been waived within six months of the date of written notice to the property owner by the Planning Board that such spaces have been determined as necessary and must be constructed.

Reserved parking for persons with disabilities. All parking spaces for persons with disabilities shall meet the applicable requirements, specifications, and standards set forth by the New York State Vehicle and Traffic Law and all other applicable State and federal regulations, including, but not limited to, the Americans with Disabilities Act.

Off-street parking spaces shall be provided as follows, except that the Town Board, Planning Board or Zoning Board of Appeals may modify these provisions as a condition of the issuance of special permits according to the provisions of §§ 220-33 through 220-43.1.

Required off-street parking shall be as specified in this article, rounded to the nearest whole number. Reference herein to "employees on the largest work shift" means the maximum number of employees employed at the facility, regardless of the time period during which this occurs and regardless of whether any such person is a full-time employee. The largest work shift may be a particular day of the week or a lunch or dinner period in the case of a restaurant. The term "capacity," as used herein, means the maximum number of persons which may be accommodated by the use as designed or by fire code regulations, whichever is greater.

Electrical vehicle (EV) charging spaces shall satisfy the requirements of § 220-57.1, Electric vehicle charging stations.

Requirements for general categories of uses.

Requirements for specific uses.

Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.

Size. Each off-street loading space shall be at least 15 feet in width, at least 40 feet in length and at least 14 feet in height, exclusive of access and turning areas, except that adjacent loading spaces may each be 12 feet in width.

Location. Off-street loading spaces may be located within any structure, within a side or rear yard or within a required off-street parking area, provided that such spaces do not bar access to such parking area.

Required number of spaces.

Improvement of loading facilities. Off-street loading and unloading facilities shall be subject to the same minimum improvement requirements as set forth for parking facilities in § 220-55, except that the Planning Board may, on recommendation of the Town Engineer, require the surfacing of all or part of any such loading area to consist of reinforced prefab concrete.

Purpose and intent. The purpose of this section is to promote and encourage the use of electric vehicles (EVs) by requiring the safe and efficient installation of electric vehicle (EV) charging Stations. The goals are to provide adequate, safe and convenient electric vehicle charging stations for the traveling public, personal use at or near their place of residence, and customers and employees of non-residential uses.

Applicability.

General requirements.

Permitting requirements for Level 1 and Level 2 EV charging stations.

Permitting requirements for level 3 charging stations.

Standards.

Decommissioning for Level 3 charging stations.

Fire safety for Level 3 charging stations. All projects that require compliance with the Uniform Code, shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.