Borough of Bound Brook, NJ Chapter 13 Parking Improvement Program

§ 13-1 PAYMENT IN LIEU OF PARKING.

§ 13-1.1 Purpose of Parking Improvement Program.

[5-26-2020 by Ord. No. 2020-15]

a. When the proposed construction and use of any new building or structure or the proposed enlargement or increase in the capacity or new use of any existing building or structure located in the Borough would result in practical difficulty or undue hardship in complying with the off-street parking requirements of the Borough Land Use Ordinance[1] and the requirements of any redevelopment plans, the Borough Planning Board and Zoning Board of Adjustment, in its discretion, upon finding(s) that such practical difficulty or undue hardship exists, and the applicant is otherwise in accord with the provisions of the Municipal Land Use Law,[2] the Borough Planning Board or Zoning Board of Adjustment may permit the applicant to elect to contribute to the Borough's Parking Improvement Program (PIP) Trust Fund in lieu of providing the total number of parking spaces required by Borough Land Use Ordinance or applicable redevelopment plan.

[1] Editor's Note: See Ch. 21, Land Use.

[2] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

b. Additionally, the Mayor and Borough Council pursuant to a redevelopment agreement for a redevelopment project may agree to allow a redeveloper to contribute to the Borough's Parking Improvement Program (PIP) Trust Fund in lieu of providing the total number of parking spaces required by Borough Land Use Ordinance or applicable redevelopment plan or for additional parking for a redevelopment project.

§ 13-1.2 Areas eligible for participation in Parking Improvement Program.

[5-26-2020 by Ord. No. 2020-15]

a. Pursuant to the B/R District requirements, certain areas have been designated as high density commercial, office, residential or mixed use zones and are also entirely or part of redevelopment areas. The designated areas are those in most need of additional off-street parking and most adversely affected by the granting of parking variances or deviations and are also areas subject to a majority of redevelopment in the Borough. Construction of additional off-street parking by the Borough will serve existing and new residents, nonresidential tenants and applicant(s) requesting parking variances or deviations.

b. Projects submitted to the Borough Planning Board or Board of Adjustment and/or subject to redevelopment agreements with the Borough, located in the B/R District or redevelopment areas as noted above, shall be eligible for participation in the Parking Improvement Program.

§ 13-1.3 Number of parking spaces for which variance is requested.

[5-26-2020 by Ord. No. 2020-15]

a. The Borough 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 Land Use Ordinance[1] and/or applicable redevelopment plan, and then shall establish the number of parking spaces for which the applicant seeks a variance.

[1] Editor's Note: See Ch. 21, Land Use.

b. The provisions of this section of the Land Use Ordinance creating the Parking Improvement Program shall not allow the waiver of required off-street parking spaces or facilities, where they can be installed by the applicant without undue difficulty or hardship, unless the Mayor and Borough Council, by resolution, agree that the Borough, in its sole discretion, has an excess supply of available on or off-street parking in the area of the development project or can provide such on- or off-street parking in the area of the development project in a reasonable period of time.

c. The contribution and payment of the PIP fee, in lieu of providing the required off-street parking spaces, shall only be made:

1. At the request of an applicant, who would otherwise be required to install off-street parking based upon the applicant's proposed use, and is unable to do so in accordance with the requirements of the Borough's Land Use Ordinance; or

2. By a redeveloper subject to a redevelopment agreement with the Borough.

§ 13-1.4 PIP fee to be assessed for off-tract parking improvements.

[5-26-2020 by Ord. No. 2020-15]

a. The applicant agrees, at its request, and subject to the granting of a variance by the Borough Planning Board of Zoning Board of Adjustment, as applicable, to be assessed a PIP fee for each parking space not otherwise provided by the applicant as required by the Borough Land Use Ordinance[1] or applicable redevelopment plan.

[1] Editor's Note: See Ch. 21, Land Use.

b. The Borough has determined 400 square feet to be the parking industry standard for a nine-foot-by-eighteen-foot parking stall, including drive aisles and other common areas associated with the development of a parking lot or parking garage.

c. The PIP fee to be assessed by the Borough for each parking space for which the applicant seeks a variance, deviation or waiver shall be calculated as follows, until otherwise amended or revised by the Borough:

1. Residential unit requiring a variance or deviation: $30,000.

2. Commercial/retail/office unit requiring a variance or deviation: $30,000.

3. Residential unit requesting additional parking not requiring a variance or deviation: $15,000.

d. In addition to the per-parking-space PIP fee assessment, the applicant shall pay, pursuant to N.J.S.A. 40:55-D-53.2, the reasonable fees assessed by the municipality for review of the developer's application and supporting information as well as preparation of documents necessary to effectuate the purpose of this chapter, including but not limited to attorney review, parking consultant, engineering cost estimates and appraisal services.

e. In the event that the applicant has provided the Borough with other payments, waived tax appeal rebates, deeded or contributed by nominal lease real property, constructed off-site improvements, constructed replacement parking facilities, entered into a parking sublease with the Borough to lease parking to satisfy its parking requirement, etc., the Borough, in its sole discretion, may credit the applicant with the reasonable value of such payment, contribution and/or improvements toward the PIP fee required by the Borough.

§ 13-1.5 Payment of PIP fee by applicant.

[5-26-2020 by Ord. No. 2020-15]

The timing of the PIP fee payment shall be in the sole discretion of the Borough. Payment by the applicant of the PIP fee assessed by the Borough may be imposed by the Borough by any of the following:

a. Upon the granting of a parking variance, deviation or waiver by the Borough Planning Board or Zoning Board of Adjustment.

b. In the case of a development project at the time that the applicant or the successor to the applicant applies for construction permits for the approved project.

c. In the case of a redevelopment project, at the time as agreed to by the Borough and redeveloper in a redevelopment agreement.

d. In the case where the developer has entered into a parking sublease with the Borough to provide parking for an approved project in an off-street parking lot owned or controlled by the Borough, the terms of the parking sublease shall control.

e. Over a term of years, in the event the PIP payment exceeds $250,000, to be authorized by resolution of the Borough Council and memorialized in an agreement between the Borough and the applicant. The payment term shall not be in excess of five years, payable in yearly installments, with legal interest.

§ 13-1.6 Collection of PIP fee assessment.

[5-26-2020 by Ord. No. 2020-15]

a. In the event that the Borough approves by resolution installment payments of the PIP fee, a real estate assessment shall be collected by the Borough Tax Assessor's Office in the manner prescribed by statute, and the funds so collected shall be deposited into the Borough's Parking Improvement Program Trust Fund.

b. In the event that the applicant is directed by the Borough to pay the PIP fee assessment, in a single lump sum, the assessment shall be collected by the Borough for deposit into the Borough's Parking Improvement Program Trust Fund.

c. 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, and the provisions of N.J.S.A. 40:56-1 et seq., shall apply in the event of a default or late payment.

§ 13-1.7 Establishment of Parking Improvement Program Trust Fund.

[5-26-2020 by Ord. No. 2020-15]

The Borough may 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 deposit of the PIP fees assessed by the Borough pursuant to the parking space variance or deviation, as determined by the Borough Planning Board or Board of Adjustment or as otherwise provided for herein for redevelopment projects.

§ 13-1.8 Usage of Parking Improvement Program Trust Funds.

[5-26-2020 by Ord. No. 2020-15]

The assessed fees collected and deposited into the Parking Improvement Program Trust Fund shall be dedicated to providing for: engineering and design; traffic and other feasibility studies; acquisition through purchase or condemnation; erection, construction of or installation of off-street parking facilities, parking structures, or 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 to be in the best interests of the Borough in providing on or off-street parking.

§ 13-1.9 Conflicts with B/R District regulations.

[5-26-2020 by Ord. No. 2020-15]

Section 21-10.15j10, Parking, of the B/R District regulations sets forth requirements for a fee in lieu of parking program which is supplemented by this chapter. If there is any conflict in the requirements set forth herein with the B/R District regulations for the fee in lieu of parking program, the requirements of this chapter shall supersede and be applicable.