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City of Sea Isle, NJ
Cape May County
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Table of Contents
Table of Contents
Editor's Note: Chapter 8, Off-Street Traffic Regulations received approval from the New Jersey Department of Transportation on June 12, 1995.
[1]
Editor's Note: See also subsection 7-7.5 Parking Time Limited on Certain Streets (Metered Zones).
[Ord. No. 848 Preamble; Ord. No. 1431 § XXXIV]
The Governing Body has determined that the long-term parking of an excessive number of motor vehicles in certain residential and commercial areas of the City has caused serious traffic congestion on the streets of the City, particularly in the summer season.
The Governing Body has determined that such long-term parking prevents the free circulation of traffic in the City, impeding rapid and effective fighting of fires and the immediate disposition of police forces, thereby endangering the health, safety and welfare of both residents and visitors of the City.
The Governing Body recognizes that such long-term parking threatens irreparable loss in valuation of certain residential and commercial property which can no longer be readily reached by vehicular traffic.
The Governing Body has carefully and thoughtfully deliberated every possible alternative and have concluded that this parking crisis which threatens the welfare of the community can best be reduced by providing sufficient metered parking provisions properly assigned to the several congested residential and commercial areas of the City and subject to Senate 378, February 14, 1983 with revisions and N.J.S.A. 39:4-8c(3)(4).
[Ord. No. 848 § 1]
Whenever any words and phrases are used in this section, the meaning respectively ascribed to them in Subtitle 1 of Title 39 of the New Jersey Statutes Annotated shall be deemed to apply to such words and phrases used herein.
[Ord. No. 848 § 2; Ord. No. 897 §§ 1, 6; Ord. No. 1220 § VIII; Ord. No. 1228 § I; Ord. No. 1459 (2009) § II; Ord. No. 1543 (2013) § 7; Ord. No. 1546 (2013); Ord. No. 1564 (2014) § 12; Ord. No. 1569 (2014) § 1; Ord. No. 1604-2017; Ord. No. 1622 (2018)]
a. 
Regulations not exclusive. The provisions of this section imposing a time limit on parking shall not relieve any person of the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles as set forth in N.J.S.A. 39:4-138, any other New Jersey Statute or as hereinafter provided.
b. 
Parking time limited on certain streets. No person shall park a vehicle for longer than the time limit shown in Schedules I, II and III at any time between the hours listed in the schedules on days specified, upon any of the streets or parts of streets described in Schedules I, II and III.[1]
[1]
Editor's Note: Schedules I, II and III are on file in the office of the City Clerk.
c. 
Seasonal parking permits.
[Amended 2-25-2020 by Ord. No. 1649; 2-9-2021 by Ord. No. 1661]
1. 
There is established a seasonal parking permit, which shall be obtained from the City Clerk at a cost of $250 per parking permit. The permit shall be valid from May 15 of the year of purchase through 11:00 p.m. Labor Day of said year. Only a vehicle displaying the permit shall be permitted to park without additional costs at any parking meter or City lot, except as limited in Subsection e herein.
2. 
Seasonal permits purchased from the City of Sea Isle City are permitted to park only one vehicle at a time for each permit at permissible times and/or parking spaces as detailed in this chapter. A maximum of three vehicles may be registered for each seasonal permit. Complete vehicle information, including vehicle license plate, must be submitted to the City in order for the vehicle to be recognized as an alternate registered vehicle to a seasonal permit. If a seasonal permit holder registers more than one vehicle, only one vehicle may utilize the seasonal permit at a time. When the permit holder wishes to attach the permit to a registered vehicle the permit holder is required to properly display the permit in the desired registered vehicle. The registered vehicle utilizing the permit must have the permit displayed at all times. If the permit is not displayed in the vehicle the permit shall not be considered attached to that vehicle at that time and location, whether the vehicle is registered to the permit or not. Vehicles registered to the permit cannot be updated or changed except under limited circumstances i.e., sale/purchase of a vehicle during the life of the already issued permit and will be determined on a case-by-case bases. At no time can more than one change of a registered vehicle per season occur.
3. 
Permits may not be lent, shared or sold by a permit holder to another individual under any circumstances. The permit holder could be subject to forfeit of seasonal permit and/or fine.
4. 
There shall be 400 parking permits available per season for purchase. These parking permits shall be sold on a first-come, first-served basis.
d. 
Weekly parking permits. There is established a weekly parking permit, which shall be obtained from the City Clerk at a cost of $50. Weekly permits shall be available for the weeks occurring between May 15 through 11:00 p.m. Labor Day. The permit shall designate the dates of the week in which it applies. It shall not be valid prior to the dates listed on the permit, and it shall not be valid for dates after the expiration of the permit. The permit shall, only if properly displayed in the designated vehicle, permit parking, during its term, without additional costs, at any parking meter or City lot, except as limited in Subsection e herein. Weekly permits shall include vehicle-specific information and shall not be transferable.
[Amended 2-25-2020 by Ord. No. 1649; 2-9-2021 by Ord. No. 1661]
e. 
Parking permit display and regulations.
1. 
Parking permits shall be a "hanger" type placard supplied by the City and hung from the rear view mirror at all times when the vehicle is parked in a metered spot or lot.
2. 
In the event there is no rear view mirror, the hanger shall be placed within view behind front windshield on the driver's side of the vehicle.
3. 
Weekly permits shall include vehicle specific information and valid dates shall be face out of the windshield when parked.
4. 
While some permits are transferable, the resale of any permits is prohibited.
5. 
In the event that a permit is lost or stolen, the replacement charge shall be the full price of the permit.
6. 
Pursuant to N.J.S.A. 39:3-74 it is unlawful for any person to drive any motor vehicle with the parking permit hanging or obstructing the front windshield.
7. 
Any vehicle with a parking permit properly displayed shall be permitted to park continuously (including overnight) in any parking space except the Library Parking Lot and 15 minute metered parking limit spaces. The Library Parking Lot and 15 minute metered parking limit spaces shall be strictly followed; no exception shall be made for the parking of permitted vehicles.
8. 
Permits are subject to any temporary emergency or other parking restrictions in any street or lot and shall comply with same.
[1976 Code § 16-30; Ord. No. 848 § 3; Ord. No. 897 § 2; Ord. No. 1220 § I; Ord. No. 1517 (2012) § 8]
a. 
Rates. Meters shall be $0.25 for 15 minutes, up to the maximum time allowed to park at any particular meter placed along any public street pursuant to this section and time limited by subsection 7-7.5.
b. 
Penalties. Unless another penalty is expressly provided by the New Jersey Statutes, every person convicted of a violation of a provision of this section or any supplement thereto shall be liable to a penalty of not less than $10 nor more than $50 or imprisonment for a term not exceeding 15 days.
[1976 Code §§ 16-23 - 16-28; Ord. No. 848 § 4]
a. 
Emergencies. The Chief of Police or his designee may, in an emergency situation, suspend the operation of any parking meter(s) for such period of time as circumstances may require.
b. 
Removal of Vehicles. The Chief of Police or his designee is hereby authorized to remove from a public street any vehicle unlawfully parked in a public street.
c. 
Deposit of Coins; Time Limits.
1. 
No person shall park a vehicle in any parking space upon a street alongside of and next to which a parking meter has been installed unless a coin or coins of United States currency of the appropriate denomination as provided in this section shall have been deposited therein, or previously deposited therein for an unexpired interval of time, during the restricted and regulated time applicable to the parking meter zone in which the meter is located, and the meter has been placed in operation.
2. 
No person shall permit a vehicle within his control to be parked in any such parking meter space during the restricted and regulated time applicable to the parking meter zone in which such meter is located while the parking meter for the space indicates by signal that the lawful parking time in the space has expired. This provision shall not apply to the act of parking or the necessary time required immediately thereafter to deposit a coin or coins in the meter.
3. 
No person shall park a vehicle in any parking meter space for a consecutive period of time longer than that for which parking is lawfully permitted in that parking meter zone, irrespective of the number or amount of coins deposited in such meter.
d. 
Use of Slugs Prohibited. No person shall deposit or attempt to deposit in any parking meter any slug, button or any other device or substance as substitutes for coins of United States currency.
e. 
Tampering with Meter. No person shall deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter.
f. 
Types of Coins. The parking meters shall be modified to accept only quarters of United States currency. Coins such as pennies, dimes, nickels, half-dollars and dollars will be unacceptable as payment for meter fees.
g. 
Parking Spaces. The lawful parking of any vehicle shall be confined to and within the space or area designated for each by white lines. Any other parking in parking meter areas in violation of that regulation is a violation of this section.
h. 
Licensed Vehicle. The parking of anything other than a licensed vehicle on public streets or alleys shall be unlawful and a violation of this section.
[Ord. No. 848 § 5]
a. 
Effect of Section. If any part or parts of this section are for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this section.
b. 
Short Title. This section may be known and cited as "The Parking Meter Ordinance of the City of Sea Isle City."
[Ord. No. 1073 preamble; Ord. No. 1388 (2006) § I; Ord. No. 1431 § XXXIV]
The great reliance upon individual motor vehicles has caused traffic congestion and parking problems in the City. The parking of motor vehicles on the streets of the City contribute to this congestion to such an extent as to interfere with the primary use of such streets.
The Governing Body deems it appropriate to create municipal owned and metered parking lots for the purpose of lessening congestion and creating a more orderly, safe and efficient flow of traffic and the use of streets within the City.
It is in the best interest of all citizens to regulate the use of these parking lots in accordance with N.J.S.A. 39:1 et seq.
[Ord. No. 1073 § 1; Ord. No. 1323 § I; Ord. No. 1388 (2006) § II; Ord. No. 1517 (2012) § 9; Ord. No. 1564 (2014) § 13; Ord. No. 1593 (2016) § 5]
The City has created municipal parking lots as indicated herein:
a. 
40th and Central Avenue Lot. Metered. As described in "Schedule B" attached to Ordinance No. 1073 but generally located at the southwest corner of 40th and Central Avenue.
b. 
The Sea Isle City Marina Lot. Metered. All property west of the Welcome Center, terminating at the Bay, including any and all vacated portions of 42nd Place. The entire lot in the aforementioned area shall be metered, with the exception of those spots designated by the Marina Supervisor for trailer parking, consistent with the intention of Section 8-4 of this Code.
c. 
Library Parking Lot. Unmetered. Generally located adjacent to the Municipal Library located at 4800 Central Avenue. The majority shall be general parking, open to the public for any purpose. Up to 50 spots shall be designated as parking for library patrons only, to be located and determined at the discretion of the Administrator.
d. 
125 John F. Kennedy Boulevard Lot. Metered. Generally located at 125 John F. Kennedy Boulevard.
e. 
40th and Pleasure Avenue Lot. Unmetered. Located at 40th Street, northeast side, between Pleasure Avenue and the promenade, directly behind the City restrooms. The entirety of this lot shall be reserved exclusively for City business or official use only.
f. 
45th Street and Central Avenue Lot. Metered. Located at 45th Street along west side of Central Avenue between 45th Street and 46th Street.
g. 
Welcome Center Lot. Metered. Located immediately adjacent to the Welcome Center on John F. Kennedy Boulevard and extending west from the Welcome Center to the easterly terminus of the Sea Isle City Marina Lot.
h. 
45th and Landis Avenue Lot. Metered. Located on the northwesterly corner of 45th Street and Landis Avenue.
[Ord. No. 1073 § 2; Ord. No. 1517 (2012) § 10]
As used in this section:
OPERATOR
Shall mean any person who is in actual physical control of a vehicle or who causes a vehicle to be operated, whether the owner thereof or his agent, employee, licensee or invitee.
OWNER
Shall mean a person who holds legal title to a vehicle or in whose name a vehicle is currently registered or was last registered with the New Jersey Motor Vehicle Commission.
PERSON
Shall mean a person, firm, partnership, corporation, company, or organization of any kind.
RECREATIONAL VEHICLE
Shall mean a vehicle whether towed or driven, such as a camper or motor home, used for travel and recreational activities, which provides temporary living quarters.
VEHICLE
Shall mean any device, in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power, used exclusively upon stationary rails or tracks. It shall not include trucks over 1/2 ton and recreational vehicles.
[Ord. No. 1073 § 3; Ord. No. 1103 § I; Ord. No. 1323 § II; Ord. No. 1388 (2006) § III; Ord. No. 1517 (2012) §§ 11, 12; Ord. No. 1543 (2013) § 8; Ord. No. 1564 (2014) § 14; Ord. No. 1569 (2014) § 2; Ord. No. 1593 (2016) §§ 5, 6]
a. 
The parking of vehicles in the municipal owned parking lots in the City shall be limited to the designated parking spaces and is subject to the following schedule:
1. 
40th and Central Lot:
Monday through Saturday from 9:00 a.m. to 11:00 p.m. - Metered.
Sundays from Noon to 11:00 p.m. - Metered.
No vehicle shall be parked in this lot longer than 10 hours each day, with the exception to vehicles that have a valid parking permit affixed.
2. 
The Sea Isle City Marina Lot:
All days from 6:00 a.m. to 11:00 p.m. - Metered.
No vehicle shall be parked in this lot longer than 10 hours each day, with the exception to vehicles that have a valid parking permit affixed.
No overnight parking will be permitted, with the exception to vehicles that have a valid parking permit affixed.
Any vehicle parked in a trailer spot designated by the Marina Supervisor shall not be metered, consistent with Section 8-4.
3. 
Library Parking Lot:
No vehicle shall be parked in the general parking area of this lot longer than 10 hours each day, not even if a vehicle has a valid parking permit affixed.
No vehicle shall be parked in a spot designated for use by library patrons in this lot for longer than three hours each day, not even if a vehicle has a valid parking permit affixed.
No overnight parking will be permitted, not even if a vehicle has a valid parking permit affixed.
No vehicle is permitted to park in this lot between 3:30 a.m. and 5:00 a.m., not even if a vehicle has a valid parking permit affixed.
4. 
125 John F. Kennedy Boulevard Lot:
Monday through Saturday from 9:00 a.m. to 11:00 p.m. - Metered.
Sundays from Noon to 11:00 p.m. - Metered.
No vehicle shall be parked in this lot longer than 10 hours each day, with the exception to vehicles that have a valid parking permit affixed. No overnight parking will be permitted, with the exception to vehicles that have a valid parking permit affixed.
5. 
45th and Landis Avenue Lot:
Monday through Saturday from 9:00 a.m. to 11:00 p.m. - Metered.
Sundays from Noon to 11:00 p.m. - Metered.
No vehicle shall be parked in this lot longer than three hours each day, with the exception to vehicles that have a valid parking permit affixed.
No overnight parking will be permitted, with the exception to vehicles that have a valid parking permit affixed.
6. 
Welcome Center Lot:
All days from 6:00 a.m. to 11:00 p.m. - Metered.
No vehicle shall be parked in this lot longer than 10 hours each day, with the exception to vehicles that have a valid parking permit affixed. No overnight parking will be permitted, with the exception to vehicles that have a valid parking permit affixed.
7. 
45th Street and Central Avenue Lot:
All days from 9:00 a.m. to 11:00 p.m. - Metered.
No vehicle shall be parked in this lot longer than 10 hours each day, with the exception to vehicles that have a valid parking permit affixed. No overnight parking will be permitted, with the exception to vehicles that have a valid parking permit affixed.
b. 
Rates. Meters shall be $0.25 for 15 minutes up to the maximum time allowed to park in that metered lot.
c. 
Penalties. Unless another penalty is expressly provided by the New Jersey Statutes, every person convicted of a violation of a provision of this section or any supplement thereto shall be liable to a penalty of not less than $10 nor more than $50 or imprisonment for a term not exceeding 15 days or both.
d. 
Allocation of Revenue. Revenue collected from metered parking lots shall be allocated as follows:
1. 
All funds collected from metered lots shall be deposited in the general fund, with the exception as defined in number 2 below.
2. 
The Sea Isle City Marina Lot.
(a) 
Background: This lot is a unique partnership between the State of New Jersey Green Acres and the City of Sea Isle City. Much of the land was purchased with Green Acres funds. Many of the improvements, such as redevelopment of the docks, creation of boardwalk, construction of public restrooms, construction of Marina service building, etc., and all maintenance at the Marina are paid by the City of Sea Isle City. The City pays these costs which exceed the revenue generated by the lot.
(b) 
Allocation: In light of the forgoing an allocation is hereby established, allocating 10% of all funds collected in the Marina lot to be placed in a dedicated fund to be used exclusively for general recreation programs and infrastructure on any City property maintained in the City Green Acres inventory. The remaining funds collected shall be deposited in the general fund.
[Ord. No. 1073 § 4; Ord. No. 1517 (2012) § 13; Ord. No. 1564 (2014) § 15; Ord. No. 1569 (2014) § 2]
The use of any municipal parking lot in the City shall be expressly limited to parking purposes only, and no auto repairs, ball playing or any other type of activity shall be permitted thereon. No recreational vehicles shall be permitted to park in any municipal lot. Commercial vehicles having a total combined registered gross weight plus load of 6,000 pounds or less shall be permitted to park in all municipal lots with the exception of the Library Lot. All other commercial vehicles, even if displaying a seasonal or weekly parking permit, are prohibited from parking in municipal lots.
[Ord. No. 1073 § 5]
In addition to the penalty that may be imposed for the violation of any of the provisions of this section, if any vehicle is parked in any municipally-owned parking lot in violation of the provisions of this section, the Police Department may cause the vehicle to be removed to such place as is designated by the Chief of Police or other officer acting in such capacity. The owner or operator of any vehicle so removed shall pay the reasonable cost and expense of the removal and storage which may result therefrom, and any person, firm or corporation desiring to reclaim the vehicle may do so by paying the expenses of the removal and storage.
[Ord. No. 1073 § 6; Ord. No. 1103 § 1]
The Director of the Department of Revenue and Finance is hereby authorized to regulate, control and operate the municipal parking lot to maintain the parking lot area therein in good, workable condition.
[Ord. No. 1073 § 7]
Any vehicle parked or standing as to obstruct or impede the normal flow of traffic, block entrances or exit ways, loading zones, fire hydrants, oil fills, any grass area, pedestrian walkway or present in any way a safety or traffic hazard may be removed by towing the vehicle at the owner or operator's expense.
[Ord. No. 1073 § 8]
Speed limits for motor vehicles operating within the municipal parking lot of the City as shown on the attached site plans will be posted at 10 miles per hour.
[Ord. No. 1073 § 9]
It shall be unlawful and an offense for any person to wash, paint or repair a vehicle in a municipal parking lot; provided, however, nothing herein shall be construed to prohibit necessary emergency repairs of a vehicle.
[Ord. No. 1073 § 10; Ord. No. 1103 § 1; Ord. No. 1323 § III]
Every issued seasonal parking permit will be valid in the municipal parking lot in accordance with subsection 8-1.3c of the Revised General Ordinances of the City of Sea Isle City.
[1]
Editor's Note: Former subsection 8-2.12, Violations and Penalties, previously codified herein and containing portions of Ordinance No. 1073, was repealed in its entirety by Ordinance No. 1388 (2006). See subsection 8-2.4 for penalty provisions.
SCHEDULE B - LEGAL DESCRIPTION
Property located at 209 John F. Kennedy Boulevard, Sea Isle City, New Jersey and also known as Block 40.04 Lots 10, 11, 12, 23 & 24 as shown on the Official Tax Map of the City of Sea Isle City.
[1]
Editor's Note: Former subsection 8-2.13, Rates for Municipal Parking Lots, previously codified herein and containing portions of Ordinance Nos. 1073 and 1103, was repealed in its entirety by Ordinance No. 1323.
[New]
The owners of the property have filed a written consent with the Sea Isle City Police Department that the provisions of Subtitle One, Title 39 of the Revised Statutes of New Jersey be made applicable to the semi-public roads, streets, driveways and parking lots at Acme Market Shopping Center located in the City of Sea Isle City, County of Cape May and the following regulations shall be enforceable:
a. 
Parking in Designated Areas within Lines. All vehicles shall park only in designated areas and between the lines provided.
b. 
Handicapped Parking. All stalls shall be 12 feet wide as shown on the attached site plan and signed with R7-8 (Reserved Parking sign and penalty plate), in the designated parking areas for persons who have been issued the Handicapped Parking permits by the Division of Motor Vehicles as shown on attached site plan.*
c. 
No Stopping or Standing. The following streets or parts of streets are hereby designated as No Stopping or Standing as shown on the attached site plan.*
d. 
Loading Zone. The following streets or parts of streets are hereby designated as a Loading Zone as shown on the attached site plan.*
* Editor's Note: The site plan for the Acme Parking Lot is on file in the office of the city Clerk.
e. 
Speed Limits.
1. 
The speed limits for both directions of traffic in the parking lots shall be 15 MPH.
2. 
Regulatory and Warning signs shall be erected and maintained to effect the above designated speed limits authorized by the Department of Transportation.
f. 
Tow-Away. Any vehicle parked or standing as to obstruct or impede a normal flow of traffic, block entrances or exit ways, loading zones, oil fills, any grass area, pedestrian walkway, or present in any way a safety or traffic hazard may be removed by towing the vehicle at the owner's or operator's expense.
g. 
Installation of Signs. All signs, posts, or other necessary materials shall be installed and paid for by the applicant. Work shall be checked by the Police Department to insure installations meet State and Federal Specifications, and all signing shall conform to the current Manual on Uniform Traffic Control Devices.
h. 
Penalty. Unless another penalty is expressly provided by the New Jersey Statute, every person convicted of a violation of this section or any supplement thereto shall be liable to a penalty of not more than $50 or imprisonment for a term not exceeding 15 days or both.
i. 
Effect of Regulations. If any part of this regulation is for any reason held to be invalid, such decision shall not effect any validity of the remaining portion of the regulation.
[Ord. No. 1129 § I; Ord. No. 1431 § XXXV]
The purpose of this section is to enable the Governing Body of the City of Sea Isle City to take effective action to assure there will be no long term trailer parking at the Marina in order to preserve the aesthetic value of the City of Sea Isle City for its permanent residents as well as its visitors.
[Ord. No. 1129 § 11]
For the purposes of this section, the terms used herein are defined as follows:
DAILY PARKING
Shall mean a twenty-four-hour time period running from 12:00 a.m. to 11:59 p.m. on any given date.
OWNER
Shall mean owner, operator, or agent of the trailer; one who is in actual physical control of the trailer or who holds legal title to the trailer.
PARKING
Shall mean the standing, waiting, leaving, or dropping-off of a vehicle not actually engaged in receiving or discharging passengers, property, or merchandise.
PARKING ENFORCEMENT
Shall mean that a police officer is given the power and authority to enforce parking regulations. The Police Department possesses the power and authority to cause any trailer parked or abandoned in the municipality in violation of an ordinance to be towed away from the scene of the violation and/or to collect from the trailer owner, on behalf of the municipality, the costs of the towing and subsequent storage of the trailer before surrendering the trailer to the owner.
TRAILER
Shall mean every vehicle with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no or some part of its weight and that of its load rests up on or is carried by another vehicle.
[Ord. No. 1129, § III]
This section is enacted in accordance with N.J.S.A. 39:4-197, which does confer upon the City of Sea Isle City the right to establish designated restricted parking areas. In addition, pursuant to N.J.S.A. 40:48-2.46, any municipality may by ordinance make a designated area available to the public for parking for such period or periods of time and upon such terms and conditions as the governing body of the municipality shall determine.
[Ord. No. 1129 § IV; amended 8-13-2019 by Ord. No. 1640]
A trailer owner shall be permitted to park a trailer at the Sea Isle City Marina Parking Lot, without being subject to a fee, for a term of one day. The Marina Supervisor will designate and regulate specific areas within the Marina to be used for the parking of trailers for the day.
[Ord. No. 1129 § V]
Notice of this section will be effective upon due notice thereof being given to the public by placing signs at the Marina and by briefing the provisions of this section on said signs. These signs shall be so placed as to be easily read by owners of the trailers.
[1]
Editor's Note: Former Subsection 8-4.6, Fees and Permits, was repealed 8-13-2019 by Ord. No. 1640.
[Ord. No. 1129 § VI; amended 8-13-2019 by Ord. No. 1640]
A violation of any provision of this section shall have a penalty imposed in compliance with N.J.S.A. 40:49-5 and Chapter 1, § 1-5.
[1]
Editor's Note: Former Subsection 8-4.8, Remedies, was repealed 8-13-2019 by Ord. No. 1640.
[Ord. No. 1462 (2009 § III; Ord. No. 1467 (2009) § I]
a. 
Any property within the Commercial Zoning Districts C-l, C-2, C-3, C-4 and C-5 in the City of Sea Isle City which cannot meet the parking requirements of its zone and use, shall pay into a capital improvement fund parking fee of $20,000 per space of parking deficiency as required in the zone and use. Existing residential units at the time of application for demolition permit with deficient off street parking within the Commercial Zoning Districts C-l, C-2, C-3, C-4 and C-5 shall receive one credit per unit if these units are renovated, rehabilitated, rebuilt or replaced with new construction. The Construction Official shall determine credit upon request of applicant. Nothing herein shall be construed as diminishing in any way the appropriate Board's discretion to hear and decide any variance requests consistent with the Municipal Land Use Law. The fund shall be used for the design, purchase, construction, maintenance of alternate parking, mass transit alternatives, creative programs to accommodate parking and/or the movement of people in the City and any other programs or activity to deal with parking or the movement of people around the City.
b. 
Payment shall be made at the Construction Office in cash or certified check at the time of application filing for a construction permit. The cash or certified check shall be payable as directed by the Chief Financial Officer and held for appropriate use as determined by the Chief Financial Officer.
c. 
The provisions of the Capital Improvement Fund are retroactive to the effective date of ordinance 1432 (January 15, 2008).