Borough of Fair Lawn, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Fair Lawn as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 125, especially § 125-25, River Road Business Zones.
[Adopted 6-10-1997 by Ord. No. 1687-97]
The purposes of this article are to:
A. 
Foster the district's economic development, encourage the district's revitalization and strengthen the district's economic and commercial contributions to residents and property owners of the Borough of Fair Lawn (also referred to as the "borough").
B. 
Allow all those who live, work or invest in the district to contribute to the improvement of the district.
C. 
Foster the building of a nonpartisan private/public partnership to implement the improvement of River Road.
D. 
Foster and create self-help programs to improve the local business climate.
As used in this article, the following terms shall have the meanings indicated:
DISTRICT MANAGEMENT CORPORATION (also referred to as "DMC")
River Road Improvement Corporation, an entity incorporated pursuant to Title 15A of the New Jersey Statutes and designated by this article to receive funds collected by a special improvement assessment within the Special Improvement District, as authorized by this article and any amendatory supplementary ordinances.
SPECIAL IMPROVEMENT DISTRICT (also referred to as "District" or "SID")
That area within the Borough of Fair Lawn described by block and lot numbers and street addresses as set forth in Schedule A[1] and designated by this article as an area in which a special assessment on property within the District shall be imposed for the purpose of promoting the economic and general welfare of the District and the borough.
[1]
Editor's Note: Schedule A is on file in the office of the Municipal Clerk.
The Mayor and Council find and declare that:
A. 
The River Road Commercial District of the Borough of Fair Lawn has special needs and requires special services that can best be achieved through a private/public partnership, implemented by a Special Improvement District (SID) and a District Management Corporation (DMC).
B. 
The creation of a Special Improvement District and designation of District Management Corporation will promote economic growth and implement, foster and encourage commercial development business vitality, expansion and self-help, and improve the business climate and otherwise be in the best interest of the property owners in the District and in the borough.
C. 
The area within the Borough of Fair Lawn as described by lot and block numbers and by street addresses as set forth in Schedule A[1] of this article will benefit from being designated as a Special Improvement District.
[1]
Editor's Note: Schedule A is on file in the office of the Municipal Clerk.
D. 
A District Management Corporation will provide the administrative, programming and other services to benefit the businesses, employees, residents and consumers in the Special Improvement District and that the District Management Corporation would assist the borough in promoting economic growth, employment and development.
E. 
A special assessment shall be imposed and collected by the borough with the regular property tax payment or payment in lieu of taxes or otherwise, and that all of these payments shall be transferred to the District Management Corporation to effectuate the purposes of this article and any amendatory and supplementary statutes and to exercise the powers given to it by this article.
F. 
It is in the best interests of the borough and the public to create a special improvement district and to designate a district management corporation; except that no district management corporation shall be designated to receive any funds or to exercise any powers pursuant to the provisions of N.J.S.A. 40:56-65 et seq., and any amendatory or supplementary statutes, unless the Board of Directors of that cooperation shall include at least one member of the Municipal Council of the borough.
A. 
There is hereby created and designated within the Borough of Fair Lawn a Special Improvement District to be known as the "River Road Special Improvement District," consisting of properties designated and listed by tax lot and block number and street addresses on Schedule A[1] attached hereto. The Special Improvement District shall be subject to special assessments on all affected property within the district, which assessment shall be imposed by the borough for the purposes of promoting the economic and general welfare of the District and the borough.
[1]
Editor's Note: Schedule A is on file in the office of the Municipal Clerk.
B. 
All business or commercial properties within the Special Improvement District, including all but not limited to all commercial, industrial and commercial residential properties are deemed included in the assessing provisions of this article and are expressly subject to potential tax or assessment made for Special Improvement District purposes.
C. 
Only those properties within the Special Improvement District that are tax exempt or used for solely single-family residential are deemed excluded from the assessing or taxing provisions of this article and are expressly exempt from any assessment made for Special Improvement District purposes.
D. 
The owner of any premises that have been declared exempt under this article by virtue of being a single-family or two-family owner-occupied residence shall certify to the Borough Tax Assessor on or before November 1 in each year information substantiating the exemption pursuant to the form attached hereto as Schedule B.
[Added 3-10-1998 by Ord. No. 1714-98]
A. 
It is hereby determined that the operation and maintenance of the District may involve annual costs relating to services peculiar to the District that are distinguished from operation and maintenance services normally provided by the borough outside the District. Those annual costs shall be assessed or taxed to the benefited properties or businesses pursuant to this article and N.J.S.A. 40:56-65 et seq. The properties to be assessed or taxed to provide for the payment of such annual costs are described in § 180-4 hereof.
B. 
Each year, when the Mayor and Council shall have acted on the estimated costs and/or on the budget of the District, the Tax Assessor shall prepare an assessment roll setting forth separately the amounts to be specially assessed against the benefited and assessable properties in the District. Descriptions of such properties and the name of the then current owners of such properties, so far as names are available, shall be included in each annual assessment roll. The assessment roll, when so prepared, shall be filed in the office of the Municipal Clerk and be there available for inspection. The Mayor and Council shall annually meet to consider objections to the amounts of such special assessments at least 10 days after a notice of hearing has been published once in the official newspaper and mailed to the named owners of all tracts, parcels and lots of property to be assessed. The notice shall set forth the time and place of the meeting and set forth the purpose of such meeting, but may refer to the assessment roll for further particulars. When the Mayor and Council shall have approved the amounts of the special assessments set forth therein or as may be changed by it, the Municipal Clerk shall forthwith certify a copy of the assessment roll with supplements to the roll to the Bergen County Board of Taxation.
C. 
Owner-occupied two-family residential premises are not subject to the assessment as set forth herein.
[Added 9-23-1997 by Ord. No. 1697-97]
A. 
The nonprofit corporation, the River Road Improvement Corporation, an entity incorporated pursuant to N.J.S.A. 15A:1-1 et seq., is hereby designated as the District Management Corporation for the District and designated by this article to receive funds collected by a special improvement assessment within the Special Improvement District. This management corporation, in addition to acting as an advisory board to the Mayor and Council, shall have all powers necessary and requisite to effectuate the purpose of this article and the District, including but not limited to the following:
(1) 
Adopt bylaws for the regulation of its affairs and conduct of its business and to prescribe rules, regulations and policies in connection with the performance of its function and duties;
(2) 
Employ such persons as may be required, and to fix and pay their compensation from funds available to the District Management Corporation;
(3) 
Apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money;
(4) 
Make and execute agreements which may be necessary or convenient to the exercise of the powers and functions of the corporation, including contracts with any person, firm, corporation, governmental agency or other entity;
(5) 
Administer and manage its own funds and accounts and pay its obligations;
(6) 
Borrow money from private lenders for periods not to exceed 180 days and from governmental entities for that or longer periods, subject to the approval of Mayor and Council by resolution;
(7) 
Fund the improvement for the exterior appearance of properties in the District through grants or loans;
(8) 
Fund the rehabilitation of properties in the District;
(9) 
Accept, purchase, rehabilitate, sell, lease or manage property in the District;
(10) 
Enforce the conditions of any loan, grant, sale or lease made by the District Management Corporation;
(11) 
Provide security, sanitation and other services to the District, supplemental to those provided normally by the municipality;
(12) 
Undertake improvements designed to increase the safety or attractiveness of the District to businesses which may wish to locate there or to visitors to the District, including but not limited to litter cleanup and control, landscaping, parking areas and facilities, recreational and rest areas and facilities, pursuant to pertinent regulations of the borough;
(13) 
Publicize the District and the businesses included within the District boundaries;
(14) 
Recruit new businesses to fill vacancies in, and to balance the business mix of, the District;
(15) 
Advise the Mayor and Council in connection with the acquisition and construction of improvements and the operation and maintenance thereof in the Special Improvement District, and making of a plan therefore and the recommendations, comments or requests of members of the public and of owners and occupants of property included within the Special Improvement District;
(16) 
Provide special parking arrangements for the District;
(17) 
Provide temporary decorative lighting in the District;
(18) 
Organize special events in the District;
(19) 
Review all applications, plans, specifications, etc., for the proposed construction or alteration of any and all exterior improvements to buildings and facades within the Special Improvement District for the purpose of providing advice and recommendations to those wishing to improve their properties consistent with the recommendations found within the Master Plan for the Improvement of River Road and any subsequent design suggestions based on the principles found within the Master Plan. Recommendations produced under this section will be forwarded to the appropriate approving authority, namely the Borough's Construction Code Official, Fair Lawn Planning Board or the Fair Lawn Board of Adjustment;
(20) 
Determine the distribution and location of movable furniture, sculpture or pedestrian traffic control devices, landscaping and other facilities not otherwise located or fixed by the plans and specifications.
B. 
In order to receive any funds or exercise any of the powers granted herein, the Board of Trustees of the River Road Improvement Corporation shall include the Mayor (or the Mayor's representative) and a representative of the Borough Council.
A. 
Notwithstanding the creation of a Special Improvement District, the Borough of Fair Lawn expressly retains all its powers and authority over the area designated as within the Special Improvement District.
B. 
Nothing contained herein shall be interpreted or construed to be a vacation, in whole or in part, of any municipal street or part thereof.
C. 
The District Management Corporation shall not make or enter into any contracts for the improvement of any publicly owned or operated facility or property within the Special Improvement District, nor adopt any regulation relating to public property in such district unless the Mayor and Council of the Borough of Fair Lawn delegates to the River Road Improvement Corporation, by ordinance, the contracting of work to be done on any street or streets or on any other municipal property within the Special Improvement District, provided that the District Management Corporation, as the contracting unit, complies with the New Jersey Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.), and provided the plans and specifications for the work contracted shall be approved by the Municipal Engineer and the Mayor and Council, by resolution, prior to initiation of any action for the awarding of a contract under the Local Public Contracts Law.
D. 
The District Management Corporation shall comply with all applicable ordinances or regulations of the Borough of Fair Lawn.
A. 
The fiscal year of the District shall be the same as the borough.
B. 
The District Management Corporation shall submit a detailed annual budget for the upcoming fiscal year by no later than December 31 for approval by resolution by the Mayor and Council.
C. 
The budget shall be submitted with a report which explains how the budget contributes to goals and objectives for the Special Improvement District. The budget shall be reasonably itemized and shall include a summary of the categories of cost properly chargeable as follows:
(1) 
The amount of such costs to be charged against the general funds of the borough, if any;
(2) 
The amount of costs to be charged and assessed against properties benefited in the District in proportion to benefits against properties in the District.
(3) 
The amount of costs, if any, to be specially taxed against properties in the district.
D. 
The budget shall be introduced, approved, amended and adopted by resolution passed by not less than a majority of the full membership of the Borough Municipal Council. The procedure shall be as follows:
(1) 
Introduction and approval;
(2) 
Public advertising;
(3) 
Public hearing;
(4) 
Amendments and public hearings, if required;
(5) 
Adoption.
E. 
The budget shall be introduced in writing at a meeting of the Mayor and Council. Approval thereof shall constitute a first reading, which may be by title. Mayor and Council, upon approval of the budget, shall fix the time and place for the holding of a public hearing upon the budget.
F. 
The budget shall be advertised after approval. The advertisement shall contain a copy of the budget and shall set forth the date, the time and place of the hearing. It shall be published at least 10 days prior to the date fixed therefor in the official newspaper of the borough.
G. 
No budget shall be adopted until a public hearing has been held thereon and all persons having an interest therein shall have been given an opportunity to present objections. The hearing shall be held not less than 28 days after the approval of the budget.
H. 
The public hearing shall be held at the time and place specific in the advertisement thereof, but may be adjourned from time to time until the hearing is closed.
I. 
The budget, as advertised, shall be read at the public hearing in full, or it may be read by its title, if:
(1) 
At lest one week prior to the date of the hearing a complete copy of the approved budget, as advertised:
(a) 
Shall be posted in a public place where public notices are customarily posted in the municipal building;
(b) 
Is made available to each person requesting the same during that week and during the public hearing; and
(2) 
The Mayor and Council shall, by resolution passed by not less than a majority of the full membership of the Municipal Council, determine that the budget shall be read by its title and declare that the conditions set forth in this Subsection I have been met.
J. 
After closing the hearing, the governing body may adopt the budget by title, without amendments, or may approve amendments, as provided in Subsection K, before adoption.
K. 
The governing body may amend the budget during or after the public hearing.
(1) 
No amendment by the governing body shall be effective until the taxpayers and all persons having an interest therein shall have been granted a public hearing thereon, if the amendment shall:
(a) 
Add a new item in an amount in excess of 1% of the total amount stated in the approved budget; or
(b) 
Increase or decrease any item by more than 10%; or
(c) 
Increase the amount to be raised pursuant to Section 16 of Public Law 1972, Chapter 134 (N.J.S.A. 40:56-80), or Section 19 of this amendatory and supplementary act by more than 5%, unless the same is made pursuant to an emergency temporary appropriations only.
(2) 
Notice of hearing on an amendment shall be advertised at least three days before the date set therefor. The amendment shall be published in full in the same manner as an original publication and shall be read in full at the hearing and before adoption.
L. 
Final adoption shall be by resolution, adopted by a majority of the full membership of the governing body, and may be by title.
A. 
Moneys appropriated and collected for the annual costs of operating and maintaining a Special Improvement District shall be credited to a special account. The Mayor and Council may incur the annual costs of improving, operating and maintaining a Special Improvement District during a fiscal year, though not specifically provided for by line item or other category in an approved estimate for such fiscal year, if in its discretion it shall be deemed necessary to provide for such annual improvements or operation or maintenance prior to the succeeding fiscal year and so long as the total amount of the account approved for that year not exceeded by that expenditure. Any balances to the credit of the account and remaining unexpended at the end of the fiscal year shall be maintained and applied towards the financial requirements of the succeeding year.
B. 
The Mayor and Council may retain a portion of the collected special assessment proceeds to offset the direct costs incurred in the required assessment and budget processes.
C. 
The Mayor and Council shall pay over funds to the management corporation quarterly on the 15th day of February, May, August and November of each year. The borough shall not be obligated to pay over funds not received by the borough.
D. 
The District Management Corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the Mayor and Council and for that purpose shall employ a Certified Public Accountant of New Jersey. The annual audit shall be completed and filed with the governing body within four months after the close of the fiscal year of the corporation, and a certified copy of the audit shall be filed with the Director of Community Affairs within five days of the filing of the audit with the Mayor and Council.
E. 
The District Management Corporation shall, within 30 days after the close of each fiscal year, make an annual report of its activities for the preceding fiscal year to the Mayor and Council and the Municipal Clerk.
Nothing contained herein shall prevent the Mayor and Council at any time, subsequent to the adoption of this article, by ordinance abandoning the operation of the Special Improvement District, changing the extent of the Special Improvement District, supplementing or amending the description of the district to be specially assessed or taxed for annual costs of the Special Improvement District, changing or repealing any plan, rules, requisitions or limitations adopted for the operation of the Special Improvement District or rescinding the designation of or redesignating a District Management Corporation.
This Special Improvement District shall become operable upon the passage of this article.
[Adopted 4-18-2001 by Ord. No. 1850-2001]
This article shall be known as the "Cooperative Parking Plan for the River Road Special Improvement District in the Borough of Fair Lawn."
A. 
The purpose of this article is to establish cooperative parking in the form of a cooperative parking implementation plan and cooperative parking agreement formats relating to approximately 1,525 on- and off-street parking spaces in the River Road B-4/B-5 Special Improvement District.
B. 
This plan is to meet the goals for improving the economic vitality of River Road as described, inter alia, in the following documents:
(1) 
The recommendations for the improvement of River Road by the Community Advocates 1994.
(2) 
The Master Plan for the improvement of River Road by Maser Sosinski Associates, 1996, and adopted by the Borough of Fair Lawn and the Borough of Fair Lawn Planning Board in 1997.
(3) 
The B-4/B-5 Zone incorporated into the Borough of Fair Lawn's Land Use Development Ordinance in 1998.[1]
[1]
Editor's Note: See Ch. 125, Land Development.
(4) 
Recommendations for cooperative parking prepared by Bier Associates, February and September 2000.
(5) 
Parking space summary for the River Road Improvement Corporation prepared by Bohler Engineering on October 23, 1998.
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. 
The borough has heretofore adopted Ordinance No. 1713-98 establishing a B-4/B-5 River Road Business Zone. Attached to Ordinance No. 1713-98 and incorporated therein was a Schedule A defining the extent of the B-4 and B-5 Zone and delineating the blocks and lots relating thereto. From time to time, the borough has amended the scope of the B-4/B-5 Zone by additions and/or deletions of specific lots, and the within article specifically incorporates and adopts Schedule A of Ordinance No. 1713-98 and any amendments adopted subsequent thereto as the geographic area covered by this cooperative parking plan.
B. 
All parking spaces (off-street or on-street) located in the geographic area set forth above are hereby declared available for cooperative parking and for utilization in a cooperative parking agreement pursuant to the terms and conditions of this article. An owner/lessee of premises in the B-4/B-5 Zones set forth herein may subscribe by agreement to utilize cooperative parking but nothing contained herein shall require an owner/lessee to so subscribe.
C. 
B-4 Zone. Generally, but without limitation, the area is defined to include along River Road on the east side from and including the Bon-Marc property (Lot 2, Block 5722) and on the west side from and including the property at 17-16 River Road to the north side of Berdan Avenue; the depth of this zone is from River Road and includes the depth of each lot in the B-4 Zone abutting River Road as depicted on the official Borough Tax Map; along the north and south sides of Fair Lawn Avenue from the west side of George Street (on the east) to the east side of Sixth Street (on the west) with the depth of zone from Fair Lawn Avenue including the depth of each lot in the B-4 Zone abutting Fair Lawn Avenue as depicted on the official Borough Tax Map.
D. 
B-5 Zone. Generally, but without limitation, the area is defined to include the east and west sides of River Road from the south side of Berdan Avenue to Harrison Avenue; the depth of this zone is the depth from River Road of each lot in the B-5 Zone abutting River Road as depicted on the official Borough Tax Map; the south side of Fair Lawn Avenue from the west side of Sixth Street to the Fair Lawn Avenue Bridge and the depth of zone is the depth from Fair Lawn Avenue of each lot in the B-5 Zone abutting Fair Lawn Avenue as depicted on the official Borough Tax Map.
E. 
Additional lots. Further included herein are certain tax lots on the east side of River Road from Berdan to Harrison and on the west side of River Road from Berdan Avenue to Harrison Avenue and properties along the south side of Fair Lawn Avenue as more particularly delineated in the aforesaid Schedule A of Ordinance No. 1713-98 and any additions or deletions made thereto.
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, 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
Borough of Fair Lawn.
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.
ON-STREET PARKING SPACE
Any parking space that meets the dimensional requirements of the building, zoning and land use codes of the borough that is located on a public street.
COOPERATIVE PARKING
Parking space that can be used to serve two or more individual land uses without conflict or encroachment.
A. 
That agreement between an owner/lessee of premises with another owner/lessee of premises relating to premises in the B-4/B-5 Zone 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/lessee of premises in the B-4/B-5 Zones with the borough incorporating the terms and conditions as set forth in Subsection A above.
A. 
Owner/lessee utilizing shared parking with another owner/lessee.
(1) 
An owner/lessee of premises in the B-4/B-5 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 Fair Lawn Code Off-Street Parking Schedule § 125-48A(2) and any amendments thereto by entering into a Cooperative parking agreement with an owner/lessee of other premises in the B-4/B-5 Zones pursuant to this subsection, or with the borough pursuant to Subsection B below.
(2) 
The owner/lessee of premises in the B-4/B-5 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.[1] The cooperative parking agreement shall also be duly executed by the owner/lessee of premises who is contributing on-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.
B. 
Owner/lessee utilizing shared parking with the borough.
(1) 
An owner/lessee of premises in the B-4/B-5 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 thereto may satisfy the application's requirement for off-street parking pursuant to Fair Lawn Code Off-Street Parking Schedule § 125-48A(2) and any amendments thereto by entering into a cooperative parking agreement with the borough for other spaces in the B-4/B-5 Zones pursuant to this subsection or with an owner/lessee pursuant to Subsection A above.
(2) 
The owner/lessee of premises in the B-4/B-5 Zones who has submitted an application for development shall execute and submit the Cooperative parking Agreement as set forth in Schedule B, which is incorporated herein and made a part hereof.[2] The cooperative parking agreement shall also be executed by the borough and shall reflect authorization of the borough's owned, operated or controlled on-street or off-street parking spaces to be utilized by the applicant to satisfy the requirements of the applicant's off-street parking. The terms and conditions of the cooperative parking agreement shall be negotiated and agreed to between the parties except as to cost which is set forth in § 180-19 of this article. The parties may add additional information to Schedule B 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.
[2]
Editor's Note: Schedule B 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.
A. 
The borough hereby designates 28 parking spaces in the premises known as the "George Street Lot," (Block 5610, Lot 1.01), and 25 spaces at the borough's Art Center Lot on River Road (Block 5613, Lots 10 through 14, 24 and 25), that may be utilized as cooperative parking for a cooperative parking agreement.
B. 
The borough hereby designates an additional 20 parking spaces on River Road in the B-4/B-5 Zones that may be utilized as cooperative parking for a cooperative parking agreement.
C. 
The borough hereby designates 20 long-term parking spaces on River Road in the B-4/B-5 Zone which shall permit eight-hour parking at a rate of $2 for each eight hours. This parking is primarily intended for employees of River Road businesses but are neither guaranteed nor shall be exclusively used by them. Parking meters relating to these spaces shall be installed by the borough at its sole cost and expense, and the borough shall receive all revenues generated therefrom.
D. 
The parking spaces referenced in Subsections A, B and C above are more particularly set forth on Schedule C, which is attached hereto and made a part hereof.[1]
[1]
Editor's Note: Schedule C is on file in the borough offices.
E. 
Maintenance, management, operation and control of the aforesaid spaces shall be the sole responsibility of the borough.
A. 
Any owner, lessee or other interested party who has heretofore agreed to execute a cooperative parking agreement and who has executed a certificate of compliance or any individual or entity who shall sign a cooperative parking agreement within 60 days of the enactment of this article shall be eligible to lease needed spaces from the borough from the borough's stock of spaces in the B-4/B-5 Zone at the rate per space of $3,000 for five years, payable $600 annually or $50 monthly payable in not less than quarterly installments.
B. 
Any owners/lessees who have not heretofore executed a certificate of compliance, nor have signed a cooperative parking agreement within 60 days of the enactment of this article, shall be eligible to lease spaces from the Borough of Fair Lawn at the rate per space of $5,000 for five years, payable $1,020 annually or $85 monthly payable in not less than quarterly installments.
C. 
In the event of a bona fide change of ownership, by sale, of premises which are located in the B-4/B-5 Zone, as defined hereinbefore, the new owner shall have 60 days from the date of transfer to execute a cooperative parking agreement and to lease spaces from the borough at the rate per space of $3,000 for five years. If the new owner does not execute a cooperative parking agreement within this time frame and subsequently desires to lease spaces from the borough, it shall be at the rate per space of $5,000 as set forth above. "Bona fide change of ownership" means a transfer from one entity to another entity and is not solely a change from a proprietorship to a limited-liability proprietorship or partnership or from a corporation to a limited-liability corporation, but a transfer where the ownership has changed in substance and not only the form of ownership. "Change of ownership" further means that there has been a bona fide sale for which a transfer property tax has been paid or an exemption has been claimed and a deed has been recorded.
D. 
Any premises that has had sufficient parking without subscribing to a cooperative parking agreement, but which requires additional parking upon transfer, or change of tenancy requiring such parking spaces, shall have 60 days from the date of transfer of ownership to execute a cooperative parking agreement and lease needed spaces from the borough at the rate per space of $3,000 as set forth above.
E. 
Notwithstanding the above, no premises may lease more than 10 cooperative parking spaces from the borough at any given time.
F. 
The use of cooperative parking spaces owned, operated or maintained by the borough may be used by an applicant for development in its calculation for required off-street parking, but the spaces themselves shall not be guaranteed for that applicant's exclusive use and may be used for general parking as required on a first-come, first-served basis. The borough reserves the right to enter into multiple leases for the same cooperative parking space in the sole discretion of the borough as this cooperative parking implementation plan presumes that the cooperative parking spaces shall be used at different times for different needs by different individuals.
The owner/lessee of an application for development may acquire the use of other cooperative parking spaces from any other property owner/lessee, other than the borough, under the following conditions:
A. 
The cooperative parking spaces to be utilized are within 700 feet of the premises which are the subject matter of the application for development.
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.[1]
[1]
Editor's Note: See Ch. 125, Land Development.
A. 
The borough, at its own cost and expense, shall install 10 parking meters in the George Street Lot and five parking meters in the Art's Center Lot. Each meter shall relate to one parking space and shall permit parking at the rate of $.25 for 20 minutes. The meters shall also be designed to accept tokens. Each token, when deposited in the meter, shall procure 20 minutes of parking, and the tokens may be purchased at discount at four tokens for $.75. The parking meter which utilize dollars, quarters, dimes and nickel coins or tokens.
B. 
The borough, at its own cost and expense, shall also install on River Road (in addition to those meters designated in § 180-17C) above) and Fair Lawn Avenue, within the confines of the B-4/B-5 Zone as hereinbefore defined, one parking meter for every seven spaces that have been heretofore delineated or otherwise available as on-street parking within the B-4/B-5 Zone, which shall accept tokens of the same kind and equivalent as the tokens utilized at the George Street Lot and Art's Center Lot.
C. 
The parking meters for the aforesaid parking lots and River Road and Fair Lawn Avenue shall be designed to have a short-term parking period of not more than five minutes to allow for quick pick-ups, drop-offs or for a merchant to provide discounted tokens. This five-minute period shall utilize a token that may be purchased for $.05.
D. 
The borough shall have placed at the George Street Lot and at the Art's Center Lot cash-to-token conversion machines for the purchase of tokens. These machines shall accept currency, including the Sacagawea Dollar, and paper currency up to $5 for the issuance of tokens. All revenues received from these machines shall be the sole property of the borough.
E. 
All revenues generated by the aforesaid parking meters shall be the sole property of the borough.
F. 
Any signator to a cooperative parking agreement shall have the right to sell tokens for any of the parking-metered spaces as set forth hereinabove at cost or at a discount in the discretion of the signator. Tokens shall be purchased from the borough by the signator in an amount established by the borough and that amount shall be deemed the "cost" of the token.
G. 
A signator to a cooperative parking agreement may give parking meter tokens to customers or other shoppers for no consideration, provided that the signator prominently posts the official selling price and/or a vending machine discount price at their cash register.
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 or on-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.
Where an applicant for development has entered into a cooperative parking agreement with a contiguous property owner, the Planning Board or Zoning Board shall, when feasible, require as a condition of site plan approval the removal of any barriers in the 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/lessee 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/lessee who has obtained a certificate of occupancy for premises in the B-4/B-5 Zones and who does not thereafter maintain, renew or continue a cooperative parking agreement relating to required parking spaces for the owner/lessee 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.