[Added 10-22-2002 by Ord. No. 1928-2002]
This article shall be known as the "Cooperative
Parking Plan for the Borough of Fair Lawn in Districts other than
Special Improvement Districts."
A.
The purpose of this article is to establish a mechanism for forming a cooperative parking implementation plan and cooperative parking agreement form relating to all business areas of the Borough of Fair Lawn that are not part of a special improvement district. A special improvement district may have its own cooperative parking plan, as for example pursuant to Chapter 180, Article II, of this Code for the River Road Special Improvement District.
B.
This plan is to meet the goals for improving the economic
vitality of the various business districts of the Borough of Fair
Lawn.
C.
The plan will:
(1)
Provide a more efficient utilization of individual
parking lots and spaces which will be joined together to form the
cooperative parking system.
(2)
Allow greater efficiency and utilization of
on-street and off-street parking throughout the district.
(3)
Provide a safer environment within which to
park and move throughout the district.
(4)
Create a shared usage of parking spaces for
businesses to meet required off-street parking and the process and
procedure for the implementation of same.
A.
This article shall be effective in the B-1, B-2 and B-3 Zones. Where
a property is within two separate zones, the line shall be drawn from
the zoning line rather than the property line. Where a portion of
the property is utilized, the distance shall be measured from the
tax block and lot within which such property is located, rather than
from the store or business itself.
[Amended 10-26-2004 by Ord. No. 1995-2004; 4-23-2019 by Ord. No. 2500-2019]
B.
All off-street parking spaces located in the geographic area set
forth herein are hereby declared available for inclusion in a cooperative
parking agreement pursuant to the terms and conditions of this article.
An owner or lessee (or both) of premises in the B-1, B-2 and B-3 Zones
set forth herein may subscribe by agreement for use of cooperative
parking, but nothing contained herein shall require an owner or lessee
(or both) to so subscribe.
[Amended 4-23-2019 by Ord. No. 2500-2019]
C.
B-1, B-2 and B-3 Zones. Generally, but without limitation, the area is defined to include east and west of the New Jersey Transit line right-of-way at or near Fair Lawn Avenue; the area at or near the intersection of Fair Lawn Avenue and Plaza Road; the corridor along State Highway 4 on the north and south sides of Broadway; the area at or near Morlot Avenue to the east of the New Jersey Transit right-of-way; the area along Saddle River Road from Monroe Street to Berdan Avenue; the area along Maple Avenue, and Zoning Map of the Borough of Fair Lawn all as prepared by the Borough Engineer in August 2000 in accordance with § 125-10 of this Code.
For the purpose of this article, unless the
context clearly indicates a different meaning, the following terms
shall be defined as follows:
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.
Borough of Fair Lawn.
Parking space that can be used to serve two or more individual
land uses without conflict or encroachment.
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.
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.
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.[1]
[1]
Editor's Note: The former definition of "on-street parking
space," which immediately followed this definition, was repealed 4-23-2019
by Ord. No. 2500-2019.
[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[1] 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.
[1]
Editor's Note: Schedule A is on file in the
Borough offices.
(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.
[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.
