[Adopted 4-23-2019 by Ord. No. 2208-19[1]]
[Amended 2-4-2020 by Ord.
No. 2249-20]
When an applicant before the Planning Board or Zoning Board
of Adjustment proposes to construct any new building or structure,
or enlarge, modify or change the use of any existing building or structure
in a manner which results in the applicant being in noncompliance
with the off-street parking regulations of the City Zoning Ordinance,
the applicant shall, as a condition of obtaining any variance and/or
waiver from the off-street parking regulations, contribute to the
City's Parking Improvement Program (PIP) Trust Fund in lieu of such
compliance.
A.
Pursuant to the duly adopted Master Plan for the City of Passaic,
all areas and zones set forth therein are eligible for participation
in parking improvement program. The City as a whole is in need of
additional off-street parking and all areas and zones are adversely
affected by the granting of parking waiver variances. Construction
of additional off-street parking by the City will serve new and existing
residents, and patrons and applicants requesting parking variances.
B.
Projects submitted to the Planning Board and/or the Zoning Board
of Adjustment that are sited within all areas and zones set forth
in the Master Plan for the City of Passaic will be eligible for participating
in the parking improvement program.
The Planning Board and/or Board of Adjustment, when reviewing
an application for development which requests a parking space variance,
shall determine the number of off-street parking spaces required for
the application to conform to the requirements of the City zoning
and planning ordinance, and then shall establish the number of parking
spaces for which the applicant seeks a variance.
A.
The applicant agrees, at its request, to be assessed a PIP fee for
each parking space not otherwise provided by the applicant as required
by the City zoning and planning ordinance.
B.
The City has determined 400 square feet to be the parking industry
standard for a nine-foot-by-eighteen-foot parking stall, including
drive aisles and other common areas associated with the development
of a parking lot or parking garage.
C.
The PIP fee to be assessed by the City for each parking space for
which the applicant seeks a waiver shall be calculated as follows,
until otherwise amended or revised by ordinance:
[Amended 4-27-2023 by Ord. No. 2393-23]
|
Type
|
Fee
|
|---|---|
|
Affordable rental residential unit
|
$2,500
|
|
Market rate rental residential unit
|
$5,000
|
|
Commercial/retail/office lease unit
|
$TBD
|
|
For sale condominium unit
|
$9,000
|
|
Electric vehicle parking space
|
$7,500
|
D.
In addition to the per parking space PIP fee assessment, the applicant
shall pay pursuant to N.J.S.A. 40:55D-3.2 the reasonable fees assessed
by the municipality or applicable land use board for review of the
developer's application and supporting information as well as preparation
of documents necessary to effectuate the purpose of this article,
including but not limited to attorney review, parking consultant,
engineering cost estimates and appraisal services.
E.
In the event that the applicant has provided the City with other
payments, waived tax appeal rebates, deeded or contributed by nominal
lease real property, constructed off-site improvements, constructed
replacement parking facilities, etc., the City Council in its sole
discretion may credit the applicant with the reasonable value of such
payment, contribution and/or improvements toward the PILOP required.
Payment by the applicant of the PIP fee assessed may be imposed
as follows:
A.
In the case of a development project, at the time that the applicant
or the successor to the applicant's approvals secures their building
permits.
B.
Over a term of years, in the event the PIP payment exceeds $250,000,
to be authorized by resolution of the City Council. The payment term
shall not be in excess of five years, payable in yearly installments,
with legal interest.
C.
To secure payment of applicant's obligation to the PIP Trust Fund,
a municipal assessment for a local improvement pursuant to N.J.S.A.
40:56 et seq. shall be placed upon applicant's real estate which was
the subject of the parking variance.
D.
The provisions of N.J.S.A. 40:56 et seq. shall apply in the event
of a default or late payment.
A.
In the event that the City Council approves by resolution payment
of the PIP fee by installment, a real estate assessment shall be collected
by the municipal tax assessor's office in the manner prescribed by
statute and the funds so collected shall be turned over to the City
Chief Financial Officer for deposit into the City's Parking Improvement
Program Trust Fund.
B.
In the event that the applicant must pay the PIP fee assessment in
a single lump sum, the assessment shall be collected by the City Chief
Financial Officer for deposit into the City's Parking Improvement
Program Trust Fund.
The City may apply to the State of New Jersey, Department of
Community Affairs, Local Finance Board, pursuant to administrative
rule, for its approval and establishment of a dedicated and restricted
trust fund for deposit of the PIP fees assessed by the authority pursuant
to the parking space variance, as determined by the Planning Board
or Zoning Board of Adjustment.
The assessed fees collected and deposited into the Parking Improvement
Program Trust Fund shall be dedicated to provide for: engineering
and design; traffic and other feasibility studies; acquisition through
purchase or condemnation; erection, construction of or installation
of off-street parking facilities, parking structures, or equipment;
and other associated parking project development costs. The expenditure
of such funds for said purposes shall be made by the Business Administrator
or his or her designee at the time and in the manner determined by
the City to be in the best interests of the City in providing off-street
parking.
