[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. Site work permit fee. Every individual or entity seeking
a site work permit shall pay a nonrefundable fee of $5 per $1,000
of estimated cost of new site improvement work up to $200,000 estimated
cost, plus $2 per $1,000 of estimated 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 along with the
copy of the application for a permit.
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.
All improvements listed in §
387-31 shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the subdivider at least 24 hours prior to the start of construction. No underground installation shall be covered until inspected and approved.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-42, construction of or contributions for off-site or off-tract
water, sewer, drainage and street improvements may be required in
accordance with the following criteria:
A. Improvements to be constructed at the sole expense
of the applicant. In cases where reasonable and necessary need for
an off-site or off-tract improvement or improvements is necessitated
or required by the proposed development application and where no other
property owners receive a special benefit thereby, the Board may require
the applicant as a condition of subdivision or site plan approval,
at the applicant's sole expense, to provide for and construct such
improvements as if such were on-site or on-tract improvements in the
manner provided hereafter and as otherwise provided by law.
B. Contributions by developer toward required off-site
or off-tract improvements.
(1) In cases where the need for any off-site or off-tract improvement is necessitated by the proposed development application and where the Board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the Board, in writing. Said resolution or determination of the Board shall specify the off-site or off-tract improvements which are necessary and the terms and conditions which shall be imposed upon the applicant to ensure the successful and reasonable implementation of the same. In its deliberation as to whether off-site or off-tract improvements are required, the Board shall be guided by the rules and regulations specified in Chapter
429, Zoning, of the Code of the Borough of Paramus, this chapter and the Borough Master Plan. The Board may also be guided by counsel from the Board Attorney, Engineer and other qualified experts and municipal officials.
(2) In the event that the Board determines that one or
more improvements constitute an off-site or off-tract improvement,
the Board shall notify the governing body of the same, specifying
the Board's recommendation relative to the estimated cost, the applicant's
prorated share of the cost and possible methods or means to implement
the same, including but not limited to performance and maintenance
guaranties, cash contribution, development agreements and other forms
of surety.
(3) The Board shall not grant final approval of the subdivision
until all aspects of such conditions have been mutually agreed by
both the applicant and the governing body and a written resolution
to that effect by the governing body has been transmitted to the Board.
C. Methods of implementation.
(1) Performance and maintenance guaranties. Where a performance
or maintenance guaranty or other surety is required in connection
with an off-site or off-tract improvement, the applicant shall be
required to follow the same procedures and requirements as specified
in this chapter for other improvements.
(2) Development agreement. A development agreement governing
off-tract improvements or other conditions as may be required by this
chapter or by the Board shall be approved as to form, sufficiency
and execution by the Board Attorney and Borough Attorney. Said agreement
shall specify the amount of cash contributions, if any, the method
of payment of the same, the relative timing of such payment and the
obligation or obligations to be undertaken by the Borough of Paramus.
(3) Cash contributions, when not required. Cash contributions
for off-site or off-tract improvements shall not be required under
the following conditions:
(a)
Where another county or state agency has jurisdiction
over the subject improvement and requires a cash contribution, guaranty
or other surety of the applicant in lieu of such conditions imposed
by the Borough of Paramus;
(b)
Where a benefit assessment or other similar
tax levy is imposed upon the applicant for the off-site improvement
provided; or
(c)
Where the applicant, where legally permissible,
can undertake the improvements in lieu of the municipality, subject
to standards and other conditions as may be imposed by the Borough
of Paramus.
(4) Cash contributions; method of payment. Where a cash
contribution is required by this chapter, said contribution shall
be deposited with the Chief Financial Officer of the Borough of Paramus
with a copy of the applicant's transmittal letter forwarded to the
governing body, the Borough Engineer and the Board. Any and all moneys
received by the Chief Financial Officer shall be deposited in an escrow
account for the purpose of undertaking the improvements specified.
Where such improvements are not undertaken or initiated for a period
of 10 years, the funds may be retained by the Borough and may be used
for general municipal purposes, but in such event, neither the applicant
nor any of his heirs, executors, administrators or grantees shall
be liable to the Borough for any assessment for the purpose of installing
any of the improvements for which said cash contribution was made.
D. Pro rata formula for determining applicant's share
of off-site or off-tract improvements. Where an off-site or off-tract
improvement is required, the following criteria shall be utilized
in determining the proportionate share of such improvement to the
applicant.
(1) Street widening, alignment, corrections, channelization
of intersections, constructions of barriers, new or improved traffic
signalization, signs, curbs, sidewalks, trees, utility improvements
not covered elsewhere and the construction of new streets and other
similar street or traffic improvements: the applicant's proportionate
share shall be in the ratio of the estimated peak hour traffic generated
by the proposed property or properties to the sum of the present deficiency
in peak hour traffic capacity of the present facility and the estimated
peak hour traffic generated by the proposed development. The ratio
thus calculated shall be increased by 10% for contingencies.
(2) Any Borough expense for water distribution facilities,
including the installation of new water mains, the relocation of such
facilities and the installation of other appurtenances associated
therewith: the applicant's proportionate cost shall be in the ratio
of the estimated daily use of water from the property or properties
in gallons to the sum of the deficiency in gallons per day for the
existing system or subsystem and the estimated daily use of water
for the proposed development. The ratio thus calculated shall be increased
by 10% for contingencies.
(3) Sanitary sewage distribution facilities including
the installation, relocation or replacement of collector and interceptor
sewers and the installation, relocation or replacement of other appurtenances
associated therewith: the applicant's proportionate cost shall be
in the ratio of the estimated daily flow in gallons to the sum of
the present deficient capacity for the existing system or subsystem
and the estimated daily flow from the proposed project or development.
In the case where the peak flow for the proposed development may occur
during the peak flow period for the existing system, the ratio shall
be the estimated peak flow rate from the proposed development in gallons
per minute to the sum of the present peak flow deficiency in the existing
system or subsystem and the estimated peak flow rate from the proposed
development. The greater of the two ratios thus calculated shall be
increased by 10% for contingencies and shall be the ratio used to
determine the cost to the applicant.
(4) Stormwater and drainage improvements, including installation,
relocation or replacement of transmission lines, culverts, catch basins
and the installation, relocation or replacement of other appurtenances
associated therewith: the applicant's proportionate cost shall be
in the ratio of the estimated peak surface runoff as proposed to be
delivered into the existing system measured in cubic feet per second
to the sum of the existing peak flow in cubic feet per second deficient
for the existing system and the estimated peak flow as proposed to
be delivered. The ratio thus calculated shall be increased by 10%
for contingencies. The applicant's engineer shall compute the drainage
basin area and the area of the development and the percent of the
total drainage basin area occupied by the development. Where no drainage
system exists which will receive the flow of surface water from the
applicant's development, the applicant shall furnish all drainage
rights-of-way deemed to be necessary by the Board.
(5) General considerations. In calculating the proportionate
or pro rata amount of the cost of any required off-tract facilities
which shall be borne by the applicant, the Board shall also determine
the pro rata amount of cost to be borne by other owners of lands which
will be benefited by the proposed improvements.
[Amended 11-24-1992 by Ord. No. 92-23]