[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.
A.
Pursuant to the duly adopted Master Plan for the Borough
of Fort Lee, the areas listed below have been designated as CBD, or
high-density, commercial, office or residential zones. The designated
areas are those most in need of additional off-street parking and
most adversely affected by the granting of parking waiver variances.
Construction of additional off-street parking by the Borough will
serve new and existing residents, and patrons and applicants requesting
parking variances.
[Amended 7-19-2007 by Ord. No. 2007-29]
B.
Projects submitted to the Planning Board and/or Board
of Adjustment in the following zones will be eligible for participation
in the parking improvement program:
A.
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
Borough Zoning and Planning Ordinance, and that shall establish the
number of parking spaces for which the applicant seeks a variance.
B.
The provisions of this article of the Zoning and Planning
Ordinance creating the parking improvement program shall not allow
the waiver of required off-street parking spaces or facilities when
they can be installed by the applicant without undue difficulty or
hardship. The contribution and payment of the PIP fee, in lieu of
providing the required off-street parking spaces, shall only be made
at the request of an applicant who would otherwise be required to
install off-street parking based on the applicant's proposed use and
is unable to do so in accordance with the requirements of the Zoning
and Planning Ordinance.
C.
This article in no manner restricts the authority
of the Planning Board or Zoning Board of Adjustment to grant relief
pursuant to criteria set forth in the Municipal Land Use Statute,
N.J.S.A. 40:55D-1 et seq., and related to New Jersey Case Decisions/Law.
[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.
