Payment in lieu of parking. A payment in lieu of parking for development located within the DMU-1, DMU-2, RMU, OMU or CC zoning districts may be authorized by the Planning Board as a condition of approval for a site development review application to satisfy the off-street parking requirement, or a portion thereof, according to the following standards:
(1) Payment. Payment of the fee per space for the number of spaces determined by the Planning Board:
(a) The Village Board of Trustees shall set the fee per space by resolution and may change the fee whenever it deems appropriate to do so. The fee schedule shall be made available at the Building Inspector's office.
(b) The fee payable by an applicant shall be set and paid prior to the issuance of the certificate of occupancy. The fee must be paid in a lump sum or at the discretion of the Building Inspector in installments, and shall not be prorated or refundable should the applicant vacate the premises.
(c) Prior to issuance of the certificate of occupancy, the applicant must deliver to the Building Inspector's office a certified check, payable to the Village of Nyack Parking Authority, in the amount set by the Board of Trustees and determined by the Building Inspector.
(2) Certificate of occupancy. The certificate of occupancy issued to the applicant must record the number of off-street parking spaces being satisfied by means of payment in lieu of providing actual spaces and the fee due to the Parking Authority. A certificate of occupancy will not issue, however, unless the applicant has fully satisfied the parking requirements by providing actual spaces and by making payments in lieu of parking. A variance shall be required if the applicant fails to provide all the spaces required under this section.
