[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 12-27-1973 by Ord. No. 73-43. (Ch. 20A of
the 1969 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 203.
Environmental impact statements — See Ch. 223.
Flood damage prevention — See Ch. 253.
Landscaping — See Ch. 277.
Site plan review — See Ch. 371.
Soil removal — See Ch. 375.
Subdivision of land — See Ch. 387.
Zoning — See Ch. 429.
This chapter shall be known and may be cited
as the "Drainage and Related Environmental Protection Ordinance."
The failure to avoid and ameliorate environmental
damage relating to drainage and water and to provide for environmental
improvement seriously endangers the public health, safety, property,
convenience and general welfare of the Borough of Paramus. It is necessary
to establish a unified Borough-wide program for environmental protection
and to cooperate fully with other local, county, state and federal
governments and agencies in protecting the environment. Air, water
and other resource pollution, public water supply, waste disposal,
noise, flooding, drainage, erosion and other environmental problems
are closely interrelated and must be dealt with individually and/or
collectively as a unified whole in order to safeguard the environment.
Local government has an obligation to provide environmental balance
through minimization of environmental damage, promotion of the development
and acceptance of technological protection, conservation of natural
resources and redevelopment of affected areas of concern, management
of its own activities so as to minimize environmental damage, promotion
of the development of technology for environmental protection and
conservation of natural resources and through restoration, maintenance
and enhancement of the purity of the air and assuring that air contaminants
discharged into the atmosphere be given the degree of treatment or
control necessary to prevent and/or control pollution.
It is the purpose of this chapter to promote
the public health, safety and general welfare by provisions designed
to:
A.Â
Prohibit the placement of materials and structures
which would unduly obstruct flood flows and unduly decrease the storage
of the floodplain and flora and fauna erosion.
B.Â
Prevent property damage.
C.Â
Minimize expenditures of public moneys for costly
control projects and for elimination of environmental pollutants by
developing more efficient environmental controls.
D.Â
Minimize rescue and relief efforts generally undertaken
at the expense of the general public by treating the causes and not
the effects of environmental catastrophes.
E.Â
Minimize business interruptions and to encourage stable
growth.
F.Â
Minimize damage to public facilities, transportation
and utilities.
G.Â
Help maintain a stable tax base by the protection
and control of existing and projected floodways, floodplains and other
flood hazard areas and to provide environmental balance through minimization
of environmental damage, promotion of the development and acceptance
of technological protection, conservation of natural resources and
redevelopment of affected areas of concern. In addition, development
of future floodplains will be restricted and the tax base adjacent
to the floodplains will be preserved.
H.Â
Protect present and future owners, tenants and other
persons having an interest in property from flood damage.
I.Â
Control soil erosion and sediment damages and related
environmental damage by requiring adequate provisions for surface
water retention and drainage and for the protection of exposed sod
surfaces.
The following areas are regulated by this chapter:
A.Â
Such portion of any lot or property that is distant
200 feet or less from the side of the main stem of the following waterways
in the Borough of Paramus as they exist on the effective date of this
chapter:
B.Â
Property within and lying in the Sprout Brook watershed
area between Midland Avenue, Route 17, Ridgewood Avenue and From Road.
C.Â
Property within all those lands in the watershed area
bordered by Midland Avenue, Green Valley Road, Roosevelt Boulevard
and Diaz Place extending easterly in a straight line to Route 17 and
along Route 17 to its intersection with Midland Avenue.
D.Â
All those lands in the Borough of Paramus lying between
Paramus Road and Saddle River.
[Amended 11-24-1992 by Ord. No. 92-23]
All areas in the Borough of Paramus that are not included in the areas described in § 213-4 above are not regulated by this chapter.
For the purpose of this chapter, certain rules
of word usage apply to the text as follows:
A.Â
Words used in the present tense include the future
tense; and the singular includes the plural, unless the context clearly
indicates the contrary.
B.Â
The term "shall" is always mandatory and not discretionary;
the word "may" is permissive.
C.Â
Words or terms not interpreted or defined by this
chapter shall be used with meanings of common or standard utilization
to give this chapter its most reasonable application.
The following definitions shall apply in the
interpretation and enforcement of this chapter unless otherwise specifically
stated:
A person, partnership, corporation, public agency or any
entity or any duly appointed agent thereof whose authority has been
filed, in writing, with the Borough agency, requesting permission
from any Borough agency, department or employee to engage in any activity
encompassed by or subject to regulation by this chapter.
The flood plan or flood-prone map or plan filed with or under
the National Flood Insurance program or a plan or map approved under
the jurisdiction of the Planning Board, which can be temporary or
permanent if so designated, and which can be changed, altered or revised
after approval by resolution recommending such change passed by a
majority of the Planning Board and approval by Council resolution.
A collection of regulations adopted by the Borough setting
forth standards for the construction of buildings and other structures
for the purpose of protecting the health, safety and general welfare
of the public.
A natural or artificial watercourse with bed and banks which
conduct continuously or periodically flowing water. "Channel flow,"
therefore, is that water which is flowing within the limits of the
defined channel. The top of the banks form the dividing lines between
the channel and the floodplain. A channel also includes those portions
which are enclosed in pipes and culverts.
Any solid, liquid or gaseous matter, any odor or any form
of energy, from whatever source.
A plan which fully indicates necessary land treatment measures,
including a schedule of the timing for their installation, which will
effectively minimize soil erosion and sedimentation or which establishes
procedures, controls, methods or means to solve, alleviate or control
any environmental problem covered by this chapter. Such measures shall
be at least equivalent to the standards and specifications or requirements
as adopted by the Planning Board by resolution and any other standards
of any other governmental agency having jurisdiction thereof.
The selected flood against which protection is provided or
eventually will be provided by means of flood protective or control
works. It is the basis for design and operation of a particular project
after full consideration of flood characteristics, frequencies and
potentials and economic and other practical considerations.
The elevations of the water surfaces of the floodway design
flood and the flood hazard area design flood as shown on a flood map
if adopted hereafter by resolution of the Planning Board and the Mayor
and Council.
Those areas which may be separately designated or included
in the floodplain, water- or flood-prone areas on an approved plan
which are the subject of or affected by water and which have caused,
will cause or can possibly cause damage to or detrimentally affect
areas.
Lateral limits or lines beyond which, in the direction of
the stream or body of water, no structure or fill may be added without
permission from the Planning Board. Their purpose is to preserve the
flood-carrying capacity of the stream or body of water and its floodplain.
Their location should be such that the designated floodway between
them, including the channel, will handle a designated flood flow or
condition.
Detachment and movement of soil or rock fragments by water,
wind, ice and gravity.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated; the portion of land surface
or area from which has been removed or will be removed by excavation;
the depth below the original ground surface to the excavated surface.
Deposit of soil, rock or other materials.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
That portion of the floodplain outside the floodway, whether
adjacent to a floodway or not.
The area of the floodplain that is subject to flood flow
at lesser depths and lower velocities than occurs in the floodway,
that is inundated by the flood area design flood and that is delineated
on the flood map as flood hazard area.
The National Flood Insurance Program of the federal government,
which covers both floods and mudslides.
That land area adjoining a river, stream, watercourse or
lake which is likely to be flooded.
The channel and portions of the adjacent floodplain that
carry the greater part of flood flow at greater depths and velocities
than do the other parts of the floodplain that constitute the minimum
area required for the passage of flood flows without aggravating flood
conditions upstream and downstream, that are necessary to preserve
the natural regimen of the stream for the reasonable passage of the
floodway design flood and that are delineated on the flood map as
floodway in the Borough.
Waste resulting from the handling, processing, preparation,
cooking and consumption of food and wastes from the handling, processing,
storage and sale of produce.
Any stripping, cutting, filling of land or stockpiling.
An intrusion or disturbance upon the land within encroachment
lines, between the lateral limits and the stream or body of water.
Any ground, soil or earth, including marshes, swamps, drainageways
and areas not permanently covered by water within the Borough.
Any activity involving the clearing, grading, transporting,
filling and any other activity which causes land to be exposed to
the danger of erosion.
In relation to floods, water-prone or drainage problem areas,
the map or sketch, plan or specification prepared under the auspices
of the Planning Board designating, classifying and determining the
various flood areas within the Borough.
A general and temporary movement down a slope of a mass of
rock or soil, artificial fill or a combination of these materials
caused or precipitated by the accumulation of water on or under the
ground.
The application of plant or other suitable materials on the
soil surface to conserve moisture, to hold soil in place and to aid
in establishing plant cover.
The ground surface in its original state before any grading,
excavation or filling.
The combustion of any matter in the open or in an open dump.
The consolidation of refuse from one or more sources at a
disposal site that does not fulfill the requirements of a sanitary
landfill.
A certificate issued to perform work under this chapter.
An individual, partnership, copartnership, firm, company,
corporation, association, joint-stock company, trust, estate, political
subdivision, state agency or any other legal entity, or its legal
representative, agent or assigns.
All mains, pipes and structures through which water is obtained
and distributed to the public, including wells and well structures,
intakes and cribs, pumping stations, treatment plants, reservoirs,
storage tanks and appurtenances, collectively or severally, actually
used or intended for use for the purpose of furnishing water for drinking
or general domestic use in the Borough.
Any garbage or discarded materials.
The disposal of refuse on land without creating nuisances
or hazards to public health or safety by confining the refuse to the
smallest practical volume and covering it with a layer of earth at
the conclusion of each day's operation or at such more frequent intervals
as may be necessary.
Solid materials, both mineral and organic, that is in suspension,
is being transported or has been moved from its site or origin by
air, water or gravity as a product of erosion.
A barrier or dam built at a suitable location to retain rock,
sand, gravel, silt or other sediment materials.
Individually or collectively, those constructions or devices
used for collecting, pumping, treating and disposing of sewage, industrial
waste or other wastes or for the recovery of by-products from such
wastes.
Any plot, parcel or parcels of land or combination of contiguous
lots or parcels of land.
All unconsolidated mineral and organic material of any origin.
Any activity which significantly disturbs a vegetated or
otherwise stabilized soil surface, including clearing and grubbing
operations.
All accumulations of water, surface and underground, natural
and artificial, public and private, or parts thereof which are wholly
or partially within, flow through or border upon this Borough.
Those areas within the Borough or partially within the Borough
which are established by ordinance or included in an approved plan
as likely to be flooded or subject to water coverage from any source.
Such alteration of the physical, thermal, chemical, biological
or radioactive properties of any waters of the Borough or such discharge
of any contaminant into any waters of the Borough as will or is likely
to create a nuisance or render such waters harmful or detrimental
or injurious to public health, safety or welfare or to domestic, commercial,
industrial, agricultural, recreational or other legitimate uses or
to livestock, wild animals, birds, fish or other aquatic life.
Includes all watercourses and tributaries which flow into
the Borough of Paramus and their sources with their water and related
land resources and all subsurface and runoff water and related land
which can or do find their way into the watercourses and tributaries
and affect or can affect soil erosion, flooding, drainage conditions,
irrigation for agricultural production, water supply, fish and wildlife
resources or development for recreation.
The following shall govern developments in the flood fringe, floodway, floodplain, drainage problem area or water- or flood-prone and flood hazard area, provided that such area is within the regulated area described and defined in § 213-4 of this chapter.
A.Â
No building or structure shall be erected or moved,
added to or enlarged, nor shall any material or equipment be stored,
nor shall any fill be placed, nor shall the elevation of any land
be materially changed in the floodway except in accordance with a
permit issued therefor as provided by this chapter; provided, however,
that usual and common practices of planting, tilling in connection
with soil husbandry and the planting and harvesting of crops in connection
with farming are not included in the foregoing prohibitions.
B.Â
No building or structure shall be erected, moved,
added to or enlarged in the flood hazard area outside the floodway
if the elevation of the base of any floor existing or proposed, including
any cellar floor, shall be less than one foot above the flood area
design flood profile, except in accordance with a permit issued therefor,
as provided by this chapter.
A.Â
For the purpose of implementing the objectives of this chapter and in accordance with the standards and definitions in this chapter, the delineation of flood fringe, floodway, floodplain, drainage problem area and water- or flood-prone and flood hazard areas that are within the regulated areas described in § 213-4 of this chapter shall be made in the following manner:
(1)Â
By a resolution passed at a public meeting of the
Planning Board of the Borough of Paramus, provided that the same is
confirmed thereafter by resolution of the Mayor and Council of the
Borough of Paramus with respect to all or any designated portion of
the regulated area that is determined to be flood fringe, floodway,
floodplain, drainage problem area or water- or flood-prone or flood
hazard area; or
(2)Â
Upon application of any landowner or person authorized
in writing to act on the landowner's behalf for determination of the
precise location of the aforesaid areas within any regulated area.
B.Â
The Planning Board shall conduct such hearings with
respect to any such proposed resolutions or determinations as may
be required by the requirements of due process and such additional
safeguards as the Planning Board may determine by general resolution.
The following procedure shall govern the issuance
of any permit required by this chapter:
A.Â
Application to Planning Board.
(1)Â
The property owner shall apply to the Planning Board
for approval of a plan, 14 copies of which shall be submitted with
the application. Such plan shall include a true and accurate plot
plan, drawn to a scale of not less than one inch equals 50 feet, with
contour lines at intervals of not more than four feet showing the
exact size, shape, location and elevation of existing and proposed
buildings and structures and of any proposed fill or regrading, the
exact dimensions and acreage of each lot or plot to be built upon
or otherwise used, the location of the floodway, water-prone, flood-prone,
floodplain and drainage problem areas and flood hazard area limits,
the location, layout and elevation of existing and proposed parking
areas, driveway, drainage, sewer and water facilities and connections,
plantings, seedings, screenings, fences and signs and such other information
as shall be reasonably required for an evaluation of the effect of
the development upon drainage and flood control.
(2)Â
The Planning Board shall, upon application being duly filed, forward one copy of the application and plan to the Building Inspector and one copy to the Environmental Commission. The Building Inspector shall, within 30 days after receiving the application and plan, forward the same, together with his written report thereon, to the Planning Board for review. The written report of the Building Inspector shall state whether or not the application complies with the provisions of Chapter 429, Zoning, and if it does not, the Building Inspector's report shall specify all zoning violations and a true copy thereof shall be served on the applicant. Neither the failure of the Building Inspector to notify the applicant nor the omission of any zoning noncompliance from such notification shall relieve the applicant from the requirements of Chapter 429, Zoning. If it is indicated that any variance is needed from the provisions of Chapter 429, Zoning, the Planning Board shall nevertheless review the application as hereinafter provided, but approval thereof by the Planning Board shall not relieve the applicant from complying with the provisions of Chapter 429, Zoning, nor shall it constitute a recommendation of any zoning variance that the applicant may thereafter seek from the Board of Adjustment. The Environmental Commission shall furnish an advisory report to the Planning Board within 30 days of receipt of the application and plan.
(3)Â
The Planning Board shall refer the application, as
prepared and filed with the Board by the applicant together with all
necessary costs and fees, to the State Division of Water Policy and
Supply for report and recommendation, and the Board shall not take
final action thereon until after such report and recommendation have
been received or until after 60 days shall have elapsed from the date
of such reference without receipt of such report and recommendation
or until after any additional period as may be required by state law.
The Planning Board shall review the application and, after giving
the applicant an opportunity to appear and be heard with respect thereto,
shall approve or disapprove the same, being guided in its action by
the standards set forth in this chapter. Approval may be made conditional
upon the applicant's adoption of specified changes. The Board shall
state its findings and the reasons for its action, in writing, and
a copy thereof shall be given to the applicant, by certified mail,
return receipted, or by written acknowledgment by the applicant. Approval
that is made conditional upon the applicant's adoption of specified
changes and/or, in addition, the acceptance of a supplemental agreement
to comply with certain conditions made part of any approval shall
not authorize the issuance of any permit unless and until the required
changes on the plan and supplemental agreement have been properly
executed and filed with the Planning Board and approved by it.
(4)Â
If the application shall be approved as set forth
above, the Building Inspector shall issue a permit for the development
in accordance with such approval, but such permit shall not relieve
the applicant from complying with such other laws and ordinances as
shall be applicable.
(5)Â
If the Planning Board shall fail to take final action
within 90 days after the last to occur of the following events, then
the application shall be deemed disapproved:
(a)Â
Ninety days after the applicant has filed plans
in conformity with this chapter with the Planning Board, provided
that said plans also comply with any general resolution passed by
the Planning Board implementing the terms of this chapter; or
(b)Â
Within 90 days after the State Division of Water Policy and Supply has approved the plan or recommended its approval or 90 days after the state has failed to report by reason of the expiration of the sixty-day period referred to in Subsection A(3) above (whichever is greater), or such additional period if required by valid provisions of state law or regulations of the State Division of Water Policy and Supply with respect to a particular application.
(c)Â
The period provided above may be extended with
the written consent of the applicant, filed prior or after the expiration
of the period. The Planning Board may take action after the expiration
of the period to the same extent as it could have done prior to the
expiration of the period specified above. However, the applicant may,
for purposes of appeal to the Mayor and Council as specified hereinafter,
treat the inaction of the Planning Board for the maximum period specified
above as a disapproval unless and until action is thereafter taken
by the Planning Board.
(6)Â
If any person shall be aggrieved by the action of
the Planning Board in the form of approval, disapproval or inaction
(after the expiration of the period specified in the preceding section),
such person may appeal, in writing, by certified mail, return receipt
requested, to the Borough Council within 20 days after the date of
such action or automatic disapproval by the Planning Board. The Borough
Council shall fix and notify the appellant of a time and place for
public meeting on said appeal, and the appellant shall cause notice
of such hearing to be published in a newspaper circulating in the
Borough at least 10 days prior to the hearing. The hearing shall be
solely on the factual record and plans and submittal made before the
Planning Board, but all parties-in-interest and the public shall be
afforded an opportunity to make comment or argument with respect to
the application based upon said factual record. After such hearing,
the Borough Council may affirm, reverse or modify the action of the
Planning Board, provided that any modification or reversal shall require
the affirmative vote of at least 2/3 of the full membership of
the Council. The governing body shall state the findings of fact upon
which it bases its action, and a written copy of such action shall
be given to the applicant and written copies forwarded to the Planning
Board and Building Inspector to be preserved as part of their records.
B.Â
When an application for site plan is considered by
the Zoning Board of Adjustment, then all powers granted to the Planning
Board with regard to the receipt, review and determination of applications
for drainage permits under this chapter are hereby granted and conferred
upon the Board of Adjustment, in full.
[Added 5-9-1989 by Ord. No. 89-20]
In reviewing applications submitted under § 213-11, the Planning Board shall consider and be guided by the general purposes set forth in § 213-3 and, in addition, shall apply the following standards:
A.Â
As to developments in the floodway, floodplain or
water-prone, flood-prone or drainage problem areas in the regulated
area, primary consideration shall be given to preserving and improving
these areas by defining the minimum capacity required for the passage
of flows as established by the watershed area without aggravating
conditions upstream and downstream. Encroachments therein shall therefore
be permitted most sparingly and only in cases in which the public
interest will be served, such as bridges, roads, utility installations
and the like, and the temporary storage of material or equipment in
connection with and during the construction thereof, or, where the
obstruction is minimal, such as surface parking or recreation areas,
open fencing, and the like, then, in either case, only in accordance
with conditions designed to limit the obstruction to the practicable
minimum.
B.Â
As to developments in the flood hazard area outside the floodway, encompassing but not limited to the floodplain or flood-prone, water-prone or drainage problem areas in the regulated area, primary consideration shall be given to the protection of persons and property involved in the development, and such consideration shall not be avoided by the waiver of the applicant. Exceptions from the prohibitions of § 213-9 shall therefore be permitted only where the building or structure is not designed or intended as a human dwelling place, is an accessory building or structure occupying on ground level not more than 12 1/2% of the lot area within the regulated area upon which it is proposed to be installed and will not, by reason of its size, shape, construction or location, have any substantial adverse affect upon the functioning of the floodway.
A.Â
In the event that any action of federal, state, county
or other authorities having jurisdiction over the Planning Board,
Board of Adjustment or Building Department causes, directs, allows,
orders or, through statutory enactment, authorizes construction in
the floodway, floodplain or flood-prone, water-prone or drainage problem
area contrary to the decision of the Planning Board under this chapter,
then the owner, in any sales literature designed to sell or lease
the property, shall disclose to all potential or actual purchasers
or tenants the following:
(1)Â
That the property or any portion thereof has been
excepted from the provisions of this chapter, giving a description
of the property or portion so excepted and how excepted.
(2)Â
A summary of this chapter.
(3)Â
The designation of the property in question on an
approved plan.
(4)Â
Any specific language given in any determination by
the Planning Board affecting the property in question.
B.Â
Such disclosures and information shall be included
in any deed or lease thereafter executed by the owner.
A property owner who holds a deed containing language referred to in § 213-13 of this chapter can apply to the Planning Board for the removal of such language when the area in question is no longer included in an approved plan. Where such application is made and the Planning Board, by majority vote, approves the removal or modification of said language, the request and the Planning Board action shall be forwarded to the Council for its approval, which, if given, shall be authorization to remove the language in question and record a new corrected deed.
No land shall be disturbed by a cut or fill in excess of five inches within the regulated area described in § 213-4 by any person, partnership, corporation, municipal corporation or other public agency within this Borough unless the applicant has submitted to the Planning Board a plan to provide for soil erosion and sediment control for such land area consistent with this chapter and such plan has been approved and a valid land disturbance permit has been issued by the Planning Board except as exempted by § 213-19.
A.Â
The applicant must submit a separate soil erosion
and sediment control plan for each site. Such plan shall contain:
(1)Â
The location and description of existing natural and
man-made features on and surrounding the site, including general topography
and soil characteristics and a copy of a soil survey.
(2)Â
The location and description of proposed changes to
the site.
(3)Â
Measures for soil erosion and sediment control to indicate and demonstrate compliance with the criteria of § 213-17 of this chapter and to meet or exceed any additional standards and specifications for soil erosion and sediment control that may hereafter be adopted by resolution of the Planning Board of the Borough of Paramus to implement the achievement of the objectives of this chapter.
(4)Â
A schedule of the sequence of installation of planned
erosion and sediment control measures as related to the progress of
the project, including starting and completion dates.
B.Â
All proposed revisions of data required shall be submitted
for approval.
Control measures shall apply to all aspects
of the proposed land disturbance and shall be in operation during
all stages of the disturbance activity. The following principles shall
apply to the soil erosion and sediment control plan:
A.Â
Stripping of vegetation, grading or other soil disturbance
shall be done in a manner which will minimize soil erosion.
B.Â
Whenever feasible, natural vegetation shall be retained
and protected.
C.Â
The extent of the disturbed area and the duration
of its exposure shall be kept within practical limits.
D.Â
Either temporary seeding, mulching or other suitable
stabilization measures shall be used to protect exposed critical areas
during construction or other land disturbance.
E.Â
Drainage provisions shall accommodate increased runoff
resulting from modified soil and surface conditions during and after
development or disturbance.
F.Â
Water runoff shall be minimized and retained on site
whenever possible to facilitate groundwater recharge.
G.Â
Sediment shall be retained on site.
H.Â
Diversions, sediment basins and similar required structures
shall be installed prior to any on-site grading or disturbance.
All necessary soil erosion and sediment control
measures installed under this chapter shall be adequately maintained
after completion of the approved plan. The Borough Engineer shall
give the applicant, upon request, a certificate indicating the date
on which the measures called for in the approved plans were completed.
The following activities are specifically exempt
from this chapter:
No land or area upon which construction has
not been completed on the effective date of this chapter pursuant
to an approved site plan, soil or building permit or subdivision approval
shall be subject to the provisions of this chapter as to the completion
of the work approved or authorized by said approval or permit.
[Added 5-2-1974 by Ord. No. 74-11; amended 6-8-1978 by Ord. No. 78-6]
A.Â
In the absence of the Borough's providing a detailed
drainage map and until such time as the Borough adopts such drainage
map, an applicant may request from the Borough Engineer a waiver of
the provisions of this chapter, requiring the preparation of a topographical
map and payment of a drainage fee for applications covering improved
or developed residential property only. The Borough Engineer shall
immediately examine the request, together with the Chairman of the
Drainage Committee of the Mayor and Council, and then submit a written
recommendation to the Planning Board, considering in his or her conclusion
the following:
(1)Â
The placement of materials and structures on said
site.
(2)Â
The possibility of property damage.
(3)Â
Minimizing expenditures.
(4)Â
The effect, if any, on surrounding property and the
nature and extent of the development.
(5)Â
Minimizing business interruptions and encouraging
stable growth.
(6)Â
Minimizing damage to public facilities, transportation
and utilities.
(7)Â
The effect on the tax base and consideration of environmental
damage, if any.
(8)Â
Protection of adjacent properties from flood damage.
(9)Â
The effect of soil erosion and sediment damages and
related environmental problems.
B.Â
A favorable determination by the Planning Board shall
be in the form of a resolution waiving the provisions of this chapter,
including the fee thereof. The Planning Board shall not have the authority,
however, to waive the provisions of this chapter if the Chairman of
the Drainage Committee of the Mayor and Council disapproves of the
waiver in writing, setting forth his reasons thereof.
C.Â
This section shall automatically be repealed upon
the enactment and adoption by the Borough and the availability of
said detailed drainage map.
A.Â
This chapter is not designed or intended to repeal
any other ordinance of the Borough of Paramus or any regulation of
any board or agency of the Borough of Paramus.
B.Â
This chapter is intended as additional legislation and regulation. In the event that any other ordinance, law or regulation also applies to the subject matter, then this chapter shall not be deemed to waive, reduce or repeal any such requirements. As an example and not by way of limitation, compliance with this chapter shall not excuse any violation or failure to comply with Chapter 429, Zoning, of the Code of the Borough of Paramus, any ordinances relating to site plan approval, minor or major subdivision approval and soil permits. The Planning Board and all governmental agencies in the Borough of Paramus shall, however, endeavor wherever possible by their procedures to process applications requiring more than one approval, such as site, soil, subdivision and under this chapter, so as to avoid undue duplication and delay to the Borough or the applicant and to achieve the end of efficient processing of applications with the objective of securing compliance with all applicable ordinances.
The following classes of persons are authorized
to file a complaint with the Municipal Court of the Borough of Paramus
with respect to any alleged violation of this chapter:
A.Â
The Mayor or any member of the Borough Council of
the Borough of Paramus.
B.Â
The Building Inspector or any assistants to the Building
Inspector.
C.Â
The Chairman or any member of the Planning Board of
the Borough of Paramus.
D.Â
The Borough Engineer of the Borough of Paramus.
E.Â
Any member of the Environmental Commission of the
Borough of Paramus or its Chairman.
F.Â
Any person or class of persons designated by resolution
of the Mayor and Council of the Borough of Paramus.
Any application filed under this chapter for
a permit shall be accompanied by a filing fee in accordance with the
following schedule:
A.Â
For property with one acre or less (other than for
an application associated with no more than two one-family homes):
$250.
B.Â
For each additional full acre above one acre: an additional
$50.
C.Â
For applications of 10 acres or more: $75 for each
acre computed in the entire lot within the regulated area.
D.Â
For an application involving less than one acre and
one or not more than two one-family dwellings: $100.
[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No. 06-2]
Any person who violates any provision of this chapter shall, upon conviction, be subject to the penalties provided by § 1-15 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
