This chapter shall be known and may be cited
as the "Site Plan Review Ordinance of the Borough of Paramus."
The following words, terms or phrases, when
used in this chapter, shall have the meanings ascribed in this section:
COMPLETE APPLICATION
An application form, fees and accompanying maps and documents as required in Article
IV hereunder. Additional information or revisions may be required by the reviewing agency, but the application shall not thereby be deemed incomplete.
[Amended 11-24-1992 by Ord. No. 92-23]
DEVELOPER
The legal or beneficial owner or owners of a lot or any parcel
of land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill and any use or change in the use
of any building or other structure or land or extension of use of
land or any other alteration on a site for which permission may be
required pursuant to the Municipal Land Use Law.
DRAINAGE
The removal of surface water or groundwater from any land
by drains, grading or other means and includes control of runoff to
minimize erosion and sedimentation during and after construction of
development and means necessary for water supply preservation or prevention
or alleviation of flooding.
DRAINAGE RIGHT-OF-WAY
The land required for the installation of stormwater sewers
or drainage ditches or required for drainage purposes along a natural
stream or watercourse or other body of water.
FINAL APPROVAL
The official action of the approving agency taken on a preliminary
approval site plan after all conditions, engineering plans and other
requirements have been completed or fulfilled and the required improvements
have been installed or guaranties properly posted for their completion
or approval conditioned upon the posting of such guaranties.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
MASTER PLAN
A composite of the mapped and written proposal recommending
the physical development of the Borough which shall have been duly
adopted by the Borough Planning Board.
MINOR SITE PLAN
The development plan of an enlargement of an existing building
by not over 50% or an alteration to existing driveways and parking
areas and related site improvements, with no change to public improvements,
such that a showing of full site plan data is not needed, as determined
by the Building Code.
OFFICIAL MAP
A map adopted in accordance with N.J.S.A. 40:55D-32 et seq.
or any prior act authorizing such adoption. Such a map shall be deemed
conclusive with respect to the location, width and extent of streets
and other areas shown thereon, as provided in N.J.S.A. 40:55D-32.
[Amended 11-24-1992 by Ord. No. 92-23]
OFF-SITE
Located outside the lot lines of the lot in question but
within the property of which the lot is a part which is the subject
of the development application, or a contiguous portion of a street
or right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application nor on contiguous portions of a street or right-of-way.
OFF-TACT AND OFF-SITE IMPROVEMENT
Improvement outside the tract or site in question, respectively,
to accommodate conditions generated on the tract or site as a result
of the proposed development, which shall include but not be limited
to the installation of or improvements to water, sewer, drainage and
street improvements.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OWNER
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient propriety interest in the land sought
to be developed to commence and maintain proceedings to develop the
same under this chapter.
PERFORMANCE GUARANTY
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board or governing
body approves a site plan, including performance bonds, escrow agreements
and other similar collateral or surety agreements.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to Article
II of this chapter prior to final approval after specific elements of a development plan have been agreed upon by the approving agency and the applicant.
SITE PLAN
The development plan of one or more lots on which is shown:
A.
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
B.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping structure and signs, lighting
and street devices.
C.
Any other information that may be reasonably
required in order to make an informed determination pursuant to the
standards and criteria set forth in this chapter for review and approval
of site plans.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law, or which is approved by official action as provided
by N.J.S.A. 40:55D-1 et seq., or a street or way on a plat duly filed
and recorded in the office of the County Recording Officer prior to
the appointment of a Planning Board and the grant to such board of
the power to review plats, and includes the land between the street
lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, sidewalks, parking areas and other areas within
the street lines.
[Added 2-9-1993 by Ord. No. 93-1]
A. Site work permit required.
(1) No site work shall be performed, including but not
limited to demolition or site clearance, until a site work permit
is issued.
(2) Upon the Paramus Planning Board or Board of Adjustment
approving any development or when the Borough Engineer approves minor
site alterations, the developer or his authorized agent or representative
shall make written request (copy to the Building Department) to and
obtain from the Borough Engineer a site work permit.
B. Definition. "Site work," as defined in this section,
shall refer to work on a site that includes demolition, clearing,
excavation, filling, soil moving, paving, drainage and any other site
work not covered by a building permit.
C. Procedure for obtaining site work permit. Upon receipt
by the Building Department of the site work permit fee, the Borough
Engineer shall issue a site work permit in a form prepared by the
Borough Engineer.
D. Every individual or entity seeking a site work permit
shall pay a non-refundable fee to be charged for all site work applications
for walkways, patios, driveways, equipment/structure pads, foundations
and any other paved areas. A fee of $20 per $1,000 of new site improvement
work up to $200,000 of the estimated cost, plus $4 per $1,000 cost
of new site work over $200,000, to the Borough of Paramus along with
the application for a site work permit and deliver the fee to the
Building Department with the copy of the application for a permit.
[Amended 5-10-2011 by Ord. No. 11-15; 4-13-2021 by Ord. No. 2021-11]
E. Enforcement. This section shall be enforced by the
Construction Code Official, Zoning Officer, Borough Engineer or Police
Department of the Borough of Paramus.
F. Violations and penalties.
[Amended 3-14-2006 by Ord. No. 06-2]
(1) Any person or persons who violate this section shall, upon conviction for each and every violation thereof, be subject to the penalties provided by §
1-15 of this Code. Whenever such violation shall continue for more than one day, each day of continued violation shall be considered a separate violation of this section.
(2) In addition to the penalty set forth in Subsection
F(1) of this section, the Borough Engineer, the Zoning Officer, the Police Department or the Construction Code Official may issue a notice of violation and orders to terminate, directing discontinuance of the violation.
[Amended 5-8-1984 by Ord. No. 84-14; 10-13-1987 by Ord. No. 87-36; 11-24-1992 by Ord. No.
92-23]
A. Filing fees.
(1) For application for site plan approval, the applicant
shall file with the application of site plan approval a filing fee
in accordance with the following schedule:
Site Size
(acres)
|
Fee
|
---|
1 or less
|
$275.00
|
More than 1 but less than 2
|
$330.00
|
More than 2 but less than 3
|
$385.00
|
More than 3 but less than 4
|
$440.00
|
More than 4 but less than 5
|
$495.00
|
More than 5 but less than 6
|
$550.00
|
More than 6 but less than 7
|
$605.00
|
More than 7 but less than 8
|
$660.00
|
More than 8 but less than 9
|
$715.00
|
More than 9 but less than 10
|
$770.00
|
Greater than 10
|
The sum of $825.00, plus $55.00 for each additional
acre over 10 acres, plus $55.00 for any fractional part of an acre
more than 1/2 acre.
|
(2) On a site plan involving a portion of land in a parent
parcel greater than five acres, the Borough Engineer will determine
the number of acres involved in the development for site plan, and
the fee will be according to the schedule in this section but will
not be less than $550 in any case.
B. For site plan applications involving variances or conditional use, additional fees shall be paid as specified in Chapter
229, Fees, Land Use.
C. For inspection of required improvements other than
buildings in site plans, an inspection fee of 1% of the estimated
cost of such improvements or $110, whichever is greater, shall be
paid. The estimate of the cost of the improvements shall be made by
the Borough Engineer. The fee shall be paid prior to the issuance
of the building permit.
D. Where consulting experts outside the Borough staff
are determined by the Planning Board to be necessary in reviewing
site plans, the Board may request the developer to deposit an additional
fee based on cost estimates or fee schedules provided by such outside
experts. Any unused portion of the deposit shall be returned to the
applicant. If the cost of such review services exceeds the amount
of the deposit, sufficient additional funds shall be deposited before
any approved site plan is returned to the applicant or advertised.
E. In addition to the required application fees established
herein, the applicant shall be required to establish one or more escrow
accounts with the Borough of Paramus to cover the reasonable costs
of professional review and consultation. Said escrow fees shall be
required for preliminary site plan approval, final site plan approval,
any site plan requiring conditional use approval, any site plan requiring
subdivision approval, any site plan requiring planned development
approval and any site plan requiring a variance of any type.
F. Unpaid fees establish liens. Any professional or consultant
fees incurred as part of site plan approval or subdivision approval
shall become a lien upon the subject premises and shall remain a lien
upon the subject premises until they are paid directly or satisfied
by payment from escrow accounts. Any professional or consultant vouchers
which remain unpaid for 30 days or which cannot be satisfied from
existing escrow deposits shall be certified by the Borough Administrator
to the Borough Tax Collector. Said sums shall be levied and collected
at the same time and in the same manner as other Borough taxes. All
such moneys received by the Collector shall be paid over to the Borough
Administrator to be applied only to the purposes for which they were
levied.
G. The initial Borough Engineer escrow fee shall be the
sum of $1,650.
The rules, regulations and standards contained
in this chapter shall be considered the minimum requirements for the
protection of the public health, safety and welfare of the citizens
of the Borough. Any action taken by the approving agency under the
terms of this chapter shall give primary consideration to the above-mentioned
matters and to the welfare of the entire community. However, if the
developer or his agent can clearly demonstrate that, because of peculiar
conditions pertaining to his land, the literal enforcement or one
or more of these regulations is impracticable or will exact undue
hardship, the approving agency may permit such modifications and adjustments
as may be reasonable and within the general purpose and intent of
the rules, regulations and standards established by this chapter.