[Amended 2-4-2020 by Ord.
No. 2249-20]
When an applicant before the Planning Board or Zoning Board
of Adjustment proposes to construct any new building or structure,
or enlarge, modify or change the use of any existing building or structure
in a manner which results in the applicant being in noncompliance
with the off-street parking regulations of the City Zoning Ordinance,
the applicant shall, as a condition of obtaining any variance and/or
waiver from the off-street parking regulations, contribute to the
City's Parking Improvement Program (PIP) Trust Fund in lieu of such
compliance.
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 City zoning
and planning ordinance, and then shall establish the number of parking
spaces for which the applicant seeks a variance.
Payment by the applicant of the PIP fee assessed may be imposed
as follows:
A. In the case of a development project, at the time that the applicant
or the successor to the applicant's approvals secures their building
permits.
B. Over a term of years, in the event the PIP payment exceeds $250,000,
to be authorized by resolution of the City Council. The payment term
shall not be in excess of five years, payable in yearly installments,
with legal interest.
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 et seq. shall be placed upon applicant's real estate which was
the subject of the parking variance.
D. The provisions of N.J.S.A. 40:56 et seq. shall apply in the event
of a default or late payment.
The City 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 authority pursuant
to the parking space variance, as determined by the Planning Board
or Zoning Board of Adjustment.
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 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 Business Administrator
or his or her designee at the time and in the manner determined by
the City to be in the best interests of the City in providing off-street
parking.