Tenafly City Zoning Code
§ 35-804.8
Parking in the B-1DOD Downtown Overlay District.
[Added 8-5-2024 by Ord. No. 24-16; Amended 4-8-2025 by Ord. No. 25-14]
a.
There shall be no off-street parking requirements for permitted uses occupying first floor area in existing and proposed structures located in the B-1DOD Downtown Overlay District.
b.
One parking space per unit shall be required for dwelling units above the first floor. For non-residential space above the first floor, Schedule C[1] shall apply.
[1]
Editor's Note: Schedule C is included as an attachment to this chapter.
c.
Each new parking space within the B-1DOD Downtown Overlay District shall have minimum dimensions of nine feet in width and 18 feet in length. Parking spaces for people with disabilities, where and when required, shall be in accordance with the New Jersey Uniform Construction Code (NJAC 5:23) or the Americans with Disabilities Act,[2] as applicable.
[2]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
d.
Payment in lieu of parking (PILOP). When a proposed development and/or enlargement of any new and/or existing building in the B-1DOD results in practical difficulty or undue hardship in complying with the off-street parking requirements established herein, the Planning Board and/or Zoning Board of Adjustment, in its discretion, upon finding(s) that such difficulty or undue hardship exists, may permit the developer to elect to contribute to the Borough's Parking Improvement Program (PIP) Trust Fund in lieu of providing up to and including 50% of the total number of required residential parking spaces per the ordinance. When calculating the total number and there shall be a fraction the number shall be rounded up to the next whole number. Participation in the PILOP program as described herein shall be limited solely to dwelling units above the first floor. Nothing contained herein shall be construed to permit the parking or storage of commercial or recreational vehicles in municipal lots.
e.
Number of parking spaces for which variance relief is required.
1.
The Planning Board and/or Board of Adjustment, when reviewing an application for residential development which requires variance relief for the proposed number of parking spaces, shall determine the number of off-street parking spaces required for the application to conform to the requirements set forth herein, and then shall establish the number of parking spaces for which the developer/applicant seeks a variance.
2.
The contribution and payment of the PIP fee, in lieu of providing the required off-street parking spaces, shall only be made upon the request of a developer who would otherwise be required to install off-street parking based upon developer's proposed use, and is unable to do so in accordance with the parking requirements established herein.
3.
A developer may only rely upon the PILOP provisions established herein for up to and including 50% of the total number of required parking spaces.
4.
The provisions of this section shall not grant any developer the right to any parking variance.
5.
A developer may not participate in the PIP program unless it can be demonstrated by the developer that compliance with the off-street parking standards established herein would result in practical difficulty or undue hardship.
6.
If a board grants a variance for parking based upon the developer paying a PIP fee and obtaining a municipal parking permit, that approval shall be conditioned upon the availability of a municipal permit. Such availability shall be deemed a condition of approval subject to N.J.S.A. 40:55D-22.
7.
The provisions hereof shall be retroactive to January 1, 2022, so that any developer that received approvals that would otherwise qualify for the PILOP may participate in accordance with the terms hereof.
f.
PIP fees.
1.
The developer agrees, at its request, to be assessed a PIP fee for each parking space not otherwise provided by the developer as required herein.
2.
The PIP fee to be assessed by the Borough for each parking space shall be $20,000, until otherwise amended or revised by ordinance.
3.
PIP fees shall be in addition to any and all periodic permit parking fees established in Chapter 7 of the Borough of Tenafly Municipal Code.
4.
As used herein, developer shall mean and refer to all its successors and assigns and the fee owner of the property on which the mixed-use project is constructed.
g.
Payment of PIP fee by developer. The timing of the PIP fee payment shall be as follows:
1.
Developer shall pay 50% of the calculated total PIP fee to the Borough of Tenafly at the issuance of building permits.
2.
Developer shall pay the remaining fee to the Borough of Tenafly at the issuance of the first certificate of occupancy.
3.
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 developer's real estate which is the subject of the parking variance.
4.
The provisions of N.J.S.A. 40:56 et seq. shall apply in the event of a default or late payment and be among the remedies available to the Borough.
h.
Deposit of PIP fee assessment. 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 to be known as the Parking Improvement Program Trust Fund (the "PIP Trust Fund") for deposit of the PIP fees assessed by the Borough pursuant to this subsection for parking space variances, as determined by the Planning Board or Zoning Board of Adjustment.
i.
Use of PIP fee assessment. The assessed fees collected and deposited into the PIP Trust Fund shall be dedicated to provide for: engineering and design; traffic and other feasibility studies; acquisition through purchase or condemnation; erection, construction of, maintenance of, or installation of off-street parking facilities, parking structures, or equipment; other associated parking project development costs; and any other traffic control devices. The expenditure of such funds for said purposes shall be made by the Borough Business Administrator, upon approval of the Borough council, or his or her designee at the time and in the manner determined by the Borough to be in the best interests of the Borough.
j.
Parking in municipal lots.
1.
Developers participating in the PILOP program as prescribed herein shall be entitled to obtain one overnight parking permit in Municipal Lot U and/or Municipal Lot O for every one parking space for which a PIP fee is paid. If a developer fails to obtain and pay any such overnight parking permit within 90 days of the due date of the second installment of the PIP fee at the first certificate of occupancy, the Borough shall have the lien provisions and remedies set forth below.
2.
An overnight parking permit shall allow the holder (meaning a tenant or occupant of a unit in the residential building subject to a PILOP) to park overnight in the assigned municipal parking lot without restriction on time limitations. This provision shall supersede and control in the event of any ambiguity or inconsistency with any other ordinance governing the use of municipal parking lots.
3.
An overnight parking permit issued hereunder may only be assigned to another unit or tenant in the same residential building and in accordance with Borough procedures.
4.
PIP fees shall be in addition to any and all periodic permit parking fees imposed as established in Chapter 7 of the Borough of Tenafly Municipal Code that must be paid by the developer ("periodic fees"). The PIP fees and the periodic fees are referred to collectively as the "Parking Fees."
5.
If such payments are not made pursuant to paragraph j1 and 2 above within 10 days of their due date, the Borough shall have the lien provisions and remedies set forth below.
6.
The Borough reserves the right to assign parking permits in Municipal Lot U and/or Municipal Lot O in the Borough's sole discretion. The Borough also reserves the right to re-assign an overnight parking permit either on a temporary or permanent basis to any other municipal lot in its discretion.
7.
The number of overnight parking permits provided hereunder is limited to 10; provided, however, such limit may be modified as determined by the Borough from time to time.
k.
Default.
1.
If any of the parking fees are not paid in full within the time periods prescribed herein, the Borough has the right to enforce the payment as any tax due on any real estate in the Borough. In the event of a default on the part of the holder to pay any installment of the parking fees required herein, the Borough in addition to any other remedies it may have, reserves the right to proceed against the development property, in the manner provided in the Tax Sale Law[3] and the In Rem Tax Foreclosure Act,[4] and any act supplementary or amendatory thereof. Whenever the word "taxes" appears in the Borough Code, it shall be read, as far as it is pertinent to this subsection, as if the parking fees were taxes or municipal liens on land.
2.
In accordance with the provisions of this subsection, the parking fees shall be and constitute a continuous municipal lien on the development property. In order to secure the full and timely payment of the parking fees, the Borough on its own behalf reserves the right to prosecute an in ram tax foreclosure action against the applicable property or proceed under the Tax Sale Law.
l.
Expiration. The PILOP, the PIP fee and the overnight parking permit obtained by a developer shall expire 20 years from the date of issuance of the initial overnight parking permit. After such time, the Borough may renew the PILOP, in the Borough’s sole discretion and, in such case, the developer or unit owner shall renew the PILOP upon payment of the PIP fee then in effect which fee shall not exceed the percentage increase in CPI from date of enactment to date of renewal.