This article shall be known as the "Cooperative
Parking Plan for the Borough of Fair Lawn in Districts other than
Special Improvement Districts."
For the purpose of this article, unless the
context clearly indicates a different meaning, the following terms
shall be defined as follows:
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by the Borough for approval of a subdivision plat, site plan, and/or
variance, plan development, conditional use, a zoning variance or
direction of the issuance of a permit pursuant to the New Jersey Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) and the Borough Code.
COOPERATIVE PARKING
Parking space that can be used to serve two or more individual
land uses without conflict or encroachment.
COOPERATIVE PARKING AGREEMENT
A.
That agreement between an owner or lessee (or
both) of premises with another owner or lessee (or both) of premises
relating to premises in the B-1, B-2 or B-3 Zones setting forth terms
and conditions for the utilization of a particular lot or lots for
cooperative parking and shall include but not be limited to an identification
of the premises, a declaration of the parking easement or use, the
term of the easement, expenses relating to maintenance and repair,
income generated with respect thereto, management and operation thereof,
lot design, maintenance and repair, modifications, signs, insurance,
compliance with appropriate laws, inspections and all other reasonable
and necessary terms and conditions to fully delineate the rights and
responsibilities of the parties with respect to cooperative parking
in relationship to the particular lot.
B.
That agreement between an owner or lessee (or both) of premises in the B-1, B-2 or B-3 Zones with the Borough incorporating the terms and conditions as set forth in Subsection
A above.
OFF-STREET PARKING SPACE
Any parking space that meets the dimensional requirements
of the building, zoning and land use codes of the Borough which are
not located on a public street.
[Amended 4-23-2019 by Ord. No. 2500-2019]
A. Owner or lessee (or both) utilizing shared parking
with another owner or lessee (or both).
(1)
An owner or lessee (or both) of premises in the B-1, B-2 or B-3 Zones who has submitted an application for development to the Borough pursuant to the New Jersey Municipal Land Use Law and the applicable ordinances of the Borough with respect to land development and requirements relating thereto may satisfy the application's requirement for off-street parking pursuant to the Fair Lawn Code Off-Street Parking Schedule, §
125-48A(2), and any amendments thereto by entering into a cooperative parking agreement with an owner or lessee (or both) of other premises in the B-1, B-2 or B-3 Zones pursuant to this subsection.
(2)
The owner or lessee (or both) of premises in
the B-1, B-2 or B-3 Zones who has submitted an application for development
shall execute and submit the cooperative parking agreement as set
forth in Schedule A which is incorporated herein and made a part hereof. The
cooperative parking agreement be duly executed by the applicant and
the owner or lessee (or both) of premises who is contributing off-street
cooperative parking to the applicant. The terms and conditions of
the cooperative parking agreement shall be negotiated and agreed to
between the parties. The parties may add additional information to
Schedule A, which is deemed relevant to the agreement between them
or which may, in a particular instance, be required by the appropriate
municipal agency to process the application for development.
(3)
If the cooperative parking agreement is duly
executed and accepted by the appropriate municipal agency and is in
conformance both as to form and substance and is in compliance with
this article, the applicant of the application for development shall
be deemed to have satisfied its off-street parking requirements pursuant
to the Borough's Off-Street Parking Schedule.
(4)
The Zoning Board of Adjustment or the Planning
Board, and the Building Official, may, in considering an application,
consider the day and evening or night uses of the premises which will
allow multiple use, on a daily basis, of the same parking space.
B. Schedule A as referenced in Subsection
A(2) above shall be of the same form and substance as Schedule A as utilized in §
180-16.
[Amended 10-26-2004 by Ord. No. 1995-2004; 4-23-2019 by Ord. No. 2500-2019]
The owner or lessee (or both) of an application
for development may acquire the use of other cooperative parking spaces
from any other property owner or lessee (or both), under the following
conditions:
A. The cooperative parking spaces to be utilized are
within the B-1, B-2 or B-3 Zones.
B. The lease price for the cooperative parking spaces
shall be determined between the parties.
C. The spaces are approved by the Borough as spaces available
for utilization as cooperative parking spaces.
D. The spaces are clearly marked and designated as parking
for the particular user who has acquired use of them.
E. An agreement is executed in a form acceptable to the
Borough between the lessor and lessee of said space in a form which
shall be recorded in the Bergen County Clerk's office, Registry Division,
by lot and block, for a term not less than the leasehold term of the
party leasing the space or, in the alternative, if there is no term
set forth in the agreement, for a duration of not less than five years
or the term of the lease of the party leasing the space, whichever
is greater. Lessor or lessee shall attach to the form a copy of the
Borough's Tax Map setting forth the lot and block of the space or
spaces leased.
F. No premises may utilize more than 10 leased spaces
as set forth above in order to meet its parking requirements under
the Borough's applicable zoning code.
[Amended 4-23-2019 by Ord. No. 2500-2019]
The Borough, the Planning Board and the Zoning
Board of Adjustment of the Borough shall maintain an inventory of
all parking spaces that are the subject of a cooperative parking agreement
so that it may be determined with respect to any application for development
which off-street parking space is available for utilization pursuant
to a cooperative parking agreement.
Any participating cooperative parking premises
may advertise that they are a participant in a cooperative parking
agreement and advise customers or other individuals of availability
of such parking. Those entities that have not entered into a cooperative
parking agreement may not expressly or impliedly state that they are
participants of a cooperative parking agreement.
[Amended 10-26-2004 by Ord. No. 1995-2004]
Where an applicant for development has entered into a cooperative parking agreement with a property owner pursuant to this Article
VA, the Planning Board or Zoning Board shall require a site plan to be submitted from the lessor with parking calculations indicating the number of spaces available to be leased and shall, when feasible, require as a condition of site plan approval the removal of any barriers in contiguous parking areas of the premises in order to allow a free and flowing traffic pattern. Any required grading, resurfacing, striping or any other work shall either be at the expense of the applicant or as is agreed to by the contiguous property owners.
Upon the submission of an application for development
which includes an executed cooperative parking agreement as set forth
hereinabove, the Borough shall issue a temporary certificate of occupancy
to the owner or lessee (or both) of the premises to which the application
for development applies and upon payment of fees relating to the application.
In the event that the application for development is withdrawn, disapproved
or the applicant cannot comply with applicable statutes, ordinances,
rules and regulations or conditions of approval, the temporary certificate
of occupancy shall be revoked by the Borough.
Any owner or lessee (or both) who has obtained
a certificate of occupancy for premises in the B-1, B-2 or B-3 Zones
and who does not thereafter maintain, renew or continue a cooperative
parking agreement relating to required parking spaces for the owner
or lessee (or both) premises shall have the certificate of occupancy
for the premises revoked.
Any person who violates any provisions of this article shall be subject to the general penalty of the Code of the Borough of Fair Lawn as more particularly set forth in §§
1-17 through
1-19.