[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.
[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.