[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 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, 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.
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.
[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.
[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 and/or applicable redevelopment plan, and then shall establish
the number of parking spaces for which the applicant seeks a variance.
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.
[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 or applicable redevelopment plan.
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.
[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.
[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.
[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.
[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.
[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.