(A) Owners of property abutting a tree lawn may petition the Plan Commission of the town for the issuance of a permit to convert a tree lawn to public parking area. Upon receipt of a petition to convert a tree lawn to parking area, the Plan Commission shall, without notice, determine whether or not the issuance of such permit is consistent with the spirit, purpose and intent of the Zoning Ordinance of the town and that the issuance of such permit will not substantially and permanently injure the appropriate use of neighboring property, and will serve the public convenience and welfare. If such determination is favorable to the issuance of the permit as requested or as modified by the Plan Commission, the Plan Commission shall certify such findings to the Traffic Commission of the town. Upon receipt of such application and certification from the Plan Commission, the Traffic Commission shall consider such petition and any modifications made by the Plan Commission and make a determination that the granting of such permit will or will not:
(1) Create vehicular or pedestrian traffic hazard;
(2) Interfere with the flow of vehicular or pedestrian traffic; and
(3) Diminish or detract from the appearance, value or access to any adjacent property.
(B) If the Traffic Commission determination is favorable in all particulars to the granting of such permit, the Traffic Commission shall certify the application, the approval of the Plan Commission and its findings to the Town Council, which said Council shall direct the issuance of such permit by the Clerk-Treasurer, subject to such applicant furnishing to the Clerk-Treasurer a cash or performance bond, with acceptable surety, in such amount as the Town Council may determine to ensure that:
(1) Existing public improvements shall be removed as specified in the petition or as modified by the Plan Commission;
(2) The public parking area will be paved with a hard surface in accordance with town specifications; and
(3) The improvements shall be made under the supervision of the Traffic Engineer.
(Prior Code, Title III, Ch. I, Art. IV, § 3)