Borough of Fort Lee, NJ
Bergen County
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Table of Contents
Table of Contents
[Amended 7-19-2007 by Ord. No. 2007-29]
When the proposed construction and use of any new building or structure or the proposed enlargement or increase in the capacity of new use of any existing building or structure results in practical difficulty or undue hardship in complying with the off-street parking requirements of the Borough Zoning and Planning Ordinance, the Planning Board and/or Board of Adjustment, in its discretion, upon finding(s) that such difficulty or undue hardship exists, and if the applicant is otherwise in accord with the provisions of the Municipal Land Use Act, may permit the applicant to elect to contribute to the Borough of Fort Lee’s Parking Improvement Program (PIP) Trust Fund in lieu of providing the total number of parking spaces required by Borough ordinance.
A. 
Pursuant to the duly adopted Master Plan for the Borough of Fort Lee, the areas listed below have been designated as CBD, or high-density, commercial, office or residential zones. The designated areas are those most in need of additional off-street parking and most adversely affected by the granting of parking waiver variances. Construction of additional off-street parking by the Borough will serve new and existing residents, and patrons and applicants requesting parking variances.
[Amended 7-19-2007 by Ord. No. 2007-29]
B. 
Projects submitted to the Planning Board and/or Board of Adjustment in the following zones will be eligible for participation in the parking improvement program:
(1) 
Zone 1: All of Main Street within a fourth-of-a-mile radius.
(2) 
Zone 2: the Junction within a fourth-mile radius of the center of the Junction municipal parking lot.
(3) 
Zone 3: Within a fourth-of-a-mile radius of the intersection of Myrtle Avenue and Lemoine Avenue.
A. 
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 Borough Zoning and Planning Ordinance, and that shall establish the number of parking spaces for which the applicant seeks a variance.
B. 
The provisions of this article of the Zoning and Planning Ordinance creating the parking improvement program shall not allow the waiver of required off-street parking spaces or facilities when they can be installed by the applicant without undue difficulty or hardship. The contribution and payment of the PIP fee, in lieu of providing the required off-street parking spaces, shall only be made at the request of an applicant who would otherwise be required to install off-street parking based on the applicant's proposed use and is unable to do so in accordance with the requirements of the Zoning and Planning Ordinance.
C. 
This article in no manner restricts the authority of the Planning Board or Zoning Board of Adjustment to grant relief pursuant to criteria set forth in the Municipal Land Use Statute, N.J.S.A. 40:55D-1 et seq., and related to New Jersey Case Decisions/Law.
[Amended 7-19-2007 by Ord. No. 2007-29; 1-29-2009 by Ord. No. 2009-7]
A. 
At the applicant's request, the applicant will agree to be assessed a PIP fee for each parking space not otherwise provided by the applicant as required by the Borough Zoning and Planning Ordinance.
B. 
The municipality has determined 325 square feet to be the parking industry standard for a surface parking space and 300 square feet to be the parking industry standard for a decked parking space, for a 9 x 18 foot parking stall, including drive aisles and other common areas associated with the development of a parking lot or parking garage. The municipality has further determined $61.50 to be the average price per square foot of land in the Borough of Fort Lee.
C. 
The PIP fee to be assessed by the Planning and/or Zoning Board for each surface parking space for which the applicant seeks a waiver shall be calculated as follows and shall be rounded up to the nearest $100:
$61.50 per square foot (value of land) x 325 square feet = $20,000 per surface space
D. 
The PIP fee to be assessed by the Planning and/or Zoning Board for each decked parking space for which the applicant seeks a waiver shall be calculated as follows and rounded up to the nearest hundred dollars;
$61.50 per square foot (value of land)/3 (three-level structure) = $20.50 per square foot
$20.50 per square foot x 300 square feet = $6,150 (value of land)
$46.00 per square foot (cost of construction) x 300 square feet = $13,800
$6,150 (value of land) + $13,800 (cost of construction) = $20,000 per decked space
[Amended 7-19-2007 by Ord. No. 2007-29; 1-29-2009 by Ord. No. 2009-7]
A. 
The timing of the payment by the applicant of the PIP fee assessed by the Planning Board and/or Board of Adjustment shall be imposed by the granting board in one of the following manners:
(1) 
Upon the granting of the variance by the Planning Board or Board of Adjustment;
(2) 
At the time that the applicant or the applicant's successor to the applicant's approvals secures his/her building permits;
(3) 
Fifty percent of the PIP fee at the time that the applicant or the applicant's successor to the applicant's approvals secures his/her building permits. The remaining portion shall be collected at the issuance of the certificate of occupancy.
B. 
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. 40:56-1 et seq. shall be placed upon the applicant's real estate which was the subject of the parking variance.
C. 
The provisions of N.J.S.A. 40:56-1 et seq. shall apply in the event of a default or late payment.
[Amended 7-19-2007 by Ord. No. 2007-29; 1-29-2009 by Ord. No. 2009-7]
The PIP fee assessment shall be collected by the Municipal Tax Collector's office in the manner prescribed by statute, and the funds so collected shall be turned over to the Borough of Fort Lee for deposit into the Borough's Parking Improvement Program Trust Fund.
[Amended 7-19-2007 by Ord. No. 2007-29]
To the extent required by law, the Borough shall 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 collection and deposit of PIP fees assessed by the granting board(s) and Borough Council.
[Amended 7-19-2007 by Ord. No. 2007-29]
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, erection, construction or installation of off-street parking facilities, parking structures and equipment; and other associated parking project development costs. The expenditure of such funds for said purposes shall be made by the Borough at the time and in the manner determined by the Borough Council to be in the best interests of the Borough in providing off-street parking.
The Mayor and Council reserves the right to supplement § 261-56 hereof when it appears that other areas are in need of off-street parking.