Fair Lawn City Zoning Code
ARTICLE VA
Cooperative Parking Plan
§ 125-56.1 Title.
This article shall be known as the "Cooperative Parking Plan for the Borough of Fair Lawn in Districts other than Special Improvement Districts."
§ 125-56.2 Purpose.
A.
The purpose of this article is to establish a mechanism for forming a cooperative parking implementation plan and cooperative parking agreement form relating to all business areas of the Borough of Fair Lawn that are not part of a special improvement district. A special improvement district may have its own cooperative parking plan, as for example pursuant to Chapter 180, Article II, of this Code for the River Road Special Improvement District.
B.
This plan is to meet the goals for improving the economic vitality of the various business districts of the Borough of Fair Lawn.
C.
The plan will:
(1)
Provide a more efficient utilization of individual parking lots and spaces which will be joined together to form the cooperative parking system.
(2)
Allow greater efficiency and utilization of on-street and off-street parking throughout the district.
(3)
Provide a safer environment within which to park and move throughout the district.
(4)
Create a shared usage of parking spaces for businesses to meet required off-street parking and the process and procedure for the implementation of same.
§ 125-56.3 Geographic area of parking space available for cooperative parking.
A.
This article shall be effective in the B-1, B-2 and B-3 Zones. Where a property is within two separate zones, the line shall be drawn from the zoning line rather than the property line. Where a portion of the property is utilized, the distance shall be measured from the tax block and lot within which such property is located, rather than from the store or business itself.
[Amended 10-26-2004 by Ord. No. 1995-2004; 4-23-2019 by Ord. No. 2500-2019]
B.
All off-street parking spaces located in the geographic area set forth herein are hereby declared available for inclusion in a cooperative parking agreement pursuant to the terms and conditions of this article. An owner or lessee (or both) of premises in the B-1, B-2 and B-3 Zones set forth herein may subscribe by agreement for use of cooperative parking, but nothing contained herein shall require an owner or lessee (or both) to so subscribe.
[Amended 4-23-2019 by Ord. No. 2500-2019]
C.
B-1, B-2 and B-3 Zones. Generally, but without limitation, the area is defined to include east and west of the New Jersey Transit line right-of-way at or near Fair Lawn Avenue; the area at or near the intersection of Fair Lawn Avenue and Plaza Road; the corridor along State Highway 4 on the north and south sides of Broadway; the area at or near Morlot Avenue to the east of the New Jersey Transit right-of-way; the area along Saddle River Road from Monroe Street to Berdan Avenue; the area along Maple Avenue, and Zoning Map of the Borough of Fair Lawn all as prepared by the Borough Engineer in August 2000 in accordance with § 125-10 of this Code.
§ 125-56.4 Definitions.
For the purpose of this article, unless the context clearly indicates a different meaning, the following terms shall be defined as follows:
The application form and all accompanying documents required by the Borough for approval of a subdivision plat, site plan, and/or variance, plan development, conditional use, a zoning variance or direction of the issuance of a permit pursuant to the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and the Borough Code.
Borough of Fair Lawn.
Parking space that can be used to serve two or more individual land uses without conflict or encroachment.
That agreement between an owner or lessee (or both) of premises with another owner or lessee (or both) of premises relating to premises in the B-1, B-2 or B-3 Zones setting forth terms and conditions for the utilization of a particular lot or lots for cooperative parking and shall include but not be limited to an identification of the premises, a declaration of the parking easement or use, the term of the easement, expenses relating to maintenance and repair, income generated with respect thereto, management and operation thereof, lot design, maintenance and repair, modifications, signs, insurance, compliance with appropriate laws, inspections and all other reasonable and necessary terms and conditions to fully delineate the rights and responsibilities of the parties with respect to cooperative parking in relationship to the particular lot.
That agreement between an owner or lessee (or both) of premises in the B-1, B-2 or B-3 Zones with the Borough incorporating the terms and conditions as set forth in Subsection A above.
Any parking space that meets the dimensional requirements of the building, zoning and land use codes of the Borough which are not located on a public street.[1]
[1]
Editor's Note: The former definition of "on-street parking space," which immediately followed this definition, was repealed 4-23-2019 by Ord. No. 2500-2019.
§ 125-56.5 Utilization of cooperative parking between owner or lessee (or both) in B-1, B-2 or B-3 Zones.
[Amended 4-23-2019 by Ord. No. 2500-2019]
A.
Owner or lessee (or both) utilizing shared parking with another owner or lessee (or both).
(1)
An owner or lessee (or both) of premises in the B-1, B-2 or B-3 Zones who has submitted an application for development to the Borough pursuant to the New Jersey Municipal Land Use Law and the applicable ordinances of the Borough with respect to land development and requirements relating thereto may satisfy the application's requirement for off-street parking pursuant to the Fair Lawn Code Off-Street Parking Schedule, § 125-48A(2), and any amendments thereto by entering into a cooperative parking agreement with an owner or lessee (or both) of other premises in the B-1, B-2 or B-3 Zones pursuant to this subsection.
(2)
The owner or lessee (or both) of premises in the B-1, B-2 or B-3 Zones who has submitted an application for development shall execute and submit the cooperative parking agreement as set forth in Schedule A[1] which is incorporated herein and made a part hereof. The cooperative parking agreement be duly executed by the applicant and the owner or lessee (or both) of premises who is contributing off-street cooperative parking to the applicant. The terms and conditions of the cooperative parking agreement shall be negotiated and agreed to between the parties. The parties may add additional information to Schedule A, which is deemed relevant to the agreement between them or which may, in a particular instance, be required by the appropriate municipal agency to process the application for development.
[1]
Editor's Note: Schedule A is on file in the Borough offices.
(3)
If the cooperative parking agreement is duly executed and accepted by the appropriate municipal agency and is in conformance both as to form and substance and is in compliance with this article, the applicant of the application for development shall be deemed to have satisfied its off-street parking requirements pursuant to the Borough's Off-Street Parking Schedule.
(4)
The Zoning Board of Adjustment or the Planning Board, and the Building Official, may, in considering an application, consider the day and evening or night uses of the premises which will allow multiple use, on a daily basis, of the same parking space.
§ 125-56.6 Acquisition of parking spaces by owner or lessee (or both) from owner or lessee (or both) other than Borough; cost.
[Amended 10-26-2004 by Ord. No. 1995-2004; 4-23-2019 by Ord. No. 2500-2019]
The owner or lessee (or both) of an application for development may acquire the use of other cooperative parking spaces from any other property owner or lessee (or both), under the following conditions:
A.
The cooperative parking spaces to be utilized are within the B-1, B-2 or B-3 Zones.
B.
The lease price for the cooperative parking spaces shall be determined between the parties.
C.
The spaces are approved by the Borough as spaces available for utilization as cooperative parking spaces.
D.
The spaces are clearly marked and designated as parking for the particular user who has acquired use of them.
E.
An agreement is executed in a form acceptable to the Borough between the lessor and lessee of said space in a form which shall be recorded in the Bergen County Clerk's office, Registry Division, by lot and block, for a term not less than the leasehold term of the party leasing the space or, in the alternative, if there is no term set forth in the agreement, for a duration of not less than five years or the term of the lease of the party leasing the space, whichever is greater. Lessor or lessee shall attach to the form a copy of the Borough's Tax Map setting forth the lot and block of the space or spaces leased.
F.
No premises may utilize more than 10 leased spaces as set forth above in order to meet its parking requirements under the Borough's applicable zoning code.
§ 125-56.7 Inventory.
[Amended 4-23-2019 by Ord. No. 2500-2019]
The Borough, the Planning Board and the Zoning Board of Adjustment of the Borough shall maintain an inventory of all parking spaces that are the subject of a cooperative parking agreement so that it may be determined with respect to any application for development which off-street parking space is available for utilization pursuant to a cooperative parking agreement.
§ 125-56.8 Advertising.
Any participating cooperative parking premises may advertise that they are a participant in a cooperative parking agreement and advise customers or other individuals of availability of such parking. Those entities that have not entered into a cooperative parking agreement may not expressly or impliedly state that they are participants of a cooperative parking agreement.
§ 125-56.9 Configuration.
[Amended 10-26-2004 by Ord. No. 1995-2004]
Where an applicant for development has entered into a cooperative parking agreement with a property owner pursuant to this Article VA, the Planning Board or Zoning Board shall require a site plan to be submitted from the lessor with parking calculations indicating the number of spaces available to be leased and shall, when feasible, require as a condition of site plan approval the removal of any barriers in contiguous parking areas of the premises in order to allow a free and flowing traffic pattern. Any required grading, resurfacing, striping or any other work shall either be at the expense of the applicant or as is agreed to by the contiguous property owners.
§ 125-56.10 Temporary certificate of occupancy.
Upon the submission of an application for development which includes an executed cooperative parking agreement as set forth hereinabove, the Borough shall issue a temporary certificate of occupancy to the owner or lessee (or both) of the premises to which the application for development applies and upon payment of fees relating to the application. In the event that the application for development is withdrawn, disapproved or the applicant cannot comply with applicable statutes, ordinances, rules and regulations or conditions of approval, the temporary certificate of occupancy shall be revoked by the Borough.
§ 125-56.11 Revocation of certificate of occupancy.
Any owner or lessee (or both) who has obtained a certificate of occupancy for premises in the B-1, B-2 or B-3 Zones and who does not thereafter maintain, renew or continue a cooperative parking agreement relating to required parking spaces for the owner or lessee (or both) premises shall have the certificate of occupancy for the premises revoked.