A. 
Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance and maintenance guaranties and entered into a subdivider's agreement for the ultimate installation of the following improvements:
(1) 
Streets, including grading and paving.
(2) 
Street signs.
(3) 
Curbs or gutters, or both.
(4) 
Sidewalks.
(5) 
Streetlighting (performance and maintenance guaranties not applicable).
(6) 
Topsoil protection. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting, in accordance with the soil erosion and sediment control plan required in § 387-29.
(7) 
Monuments to be of the size and shape required by N.J.S.A. 46:23-9.11 and to be placed in accordance with said statute.
(8) 
Water mains, culverts and storm sewers. All such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development. In regard to drainage, land areas shall only be developed so that drainage from the property will not materially adversely affect other properties and persons or present dangers to public health and safety or menace from flood or erosion. Land areas shall only be developed or improved where suitable drainage systems and water detention basins are provided, such that:
(a) 
The rate of stormwater runoff from the area is not increased over that which occurs under existing conditions, unless the Planning Board determines that the added runoff does not create significant problems and that stormwater detention devices are not practical for the site involved.
(b) 
The drainage characteristics of adjacent areas are not adversely affected.
(c) 
Soil erosion during and after development is not increased over that which occurs under existing conditions.
(d) 
Soil absorption and groundwater recharge capacity of the area is not decreased below that which occurs under existing conditions.
(e) 
The natural drainage pattern of the area is not significantly disturbed.
(9) 
Sanitary sewer facilities. Sanitary sewer facilities shall be constructed and installed in accordance with the sanitary sewer system of the Borough, as proposed, and the subdivider shall install said facilities in conformity to such system, although a connection to an existing main is not presently available. If, upon examination, the Borough Engineer shall find that the plans and specifications submitted by the subdivider pursuant to § 387-29B(7) of this chapter are in accordance with applicable policies and standards of the Borough, as promulgated, governing construction and installation of sanitary sewer facilities, he shall so certify. The construction and installation of sanitary sewer facilities 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 such construction. No underground sewer installation shall be covered until inspected and approved and a photographic record thereof made by the Borough Engineer.
(10) 
Shade trees. The Board of Shade Tree and Parks Commissioners shall notify the Planning Board as to its recommendations, stating in detail the number and type of trees and shrubbery required for said property. Such recommendation shall be in accordance with the rules and regulations adopted by the Board. Said planting shall thereafter be done solely by an independent contractor engaged by the Board for that purpose and shall not be done by the subdivider.
(11) 
Prior to the granting of final approval, the subdivider shall have arranged with all serving utilities, including, without limitation, electric, gas and telephone utilities, for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissions and shall submit to the Planning Board prior to the granting of final approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this subsection; provided, however, that the Planning Board, in its sole discretion, may permit lots in such subdivisions which abut existing streets where overhead utility distribution supply lines have theretofore been installed on any part thereof to be supplied with electric and telephone service from such overhead lines or extensions thereof, but in such event the service connections from such overhead lines shall be installed underground. At the time submission is made to the Planning Board of evidence of compliance with the provisions of this subsection, the applicant shall also submit to the Planning Board a proposed layout of streetlight locations within the subdivision for approval by the Planning Board.
B. 
All improvements required to be installed or constructed by the developer in accord with the resolution approving the subdivision and the subdivider's agreement shall be completed within two years of final approval or three years where the subdivision includes more than 15 lots; provided, however, that the Planning Board may extend the time for the completion of such improvements for good cause shown and subject to the filing of a new performance bond, if necessary, based upon updated reports by the Borough Engineer and the Board of Shade Tree and Parks Commission. Up to three one-year extensions may be so granted or two in the case of subdivisions of more than 15 lots.
[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.[1]
[1]
Editor's Note: The Application for Site Work Permit form is on file in the office of the Borough Clerk.
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.[2]
[2]
Editor's Note: Said form is on file in the office of the Borough Clerk.
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.
A. 
No final plat shall be approved by the Planning Board until the completion of all the required improvements has been certified to the Planning Board by the Borough Engineer, or until the subdivider shall have filed with the Borough Clerk a performance guaranty in favor of the Borough and in a sum equal to 120% of the cost of all such improvements or uncompleted portions thereof as estimated by the Borough Engineer and assuring the installation of such uncompleted improvements. Such performance guaranty may be in the form of a performance bond, which shall be issued by a bonding or surety company approved by the governing body, or of a certified check, returnable to the subdivider after full compliance, or by the Borough Attorney as to form, sufficiency and execution. The amount of the performance guaranty may be reduced by the governing body by resolution when portions of the required improvements have been installed.
B. 
No final plat shall be approved by the Planning Board until the subdivider submits to said Board a certificate of the Borough Clerk stating that the subdivider has posted with said official, in cash or certified check, the amount recommended by the Board of Shade Tree and Parks Commissioners as needed to plant shade trees on the property covered by the Subdivision. Where said property is located in an industrial district abutting upon any property situated in a residential district, there shall be deposited such further amount as recommended by the Board of Shade Tree and Parks Commissioners as needed to plant trees and shrubbery in such part of the property covered by the subdivision as is within 50 feet of the abutting residential district. The amount so deposited with the Borough Clerk shall constitute a trust fund for the payment of the expenses incurred by the Board of Shade Tree and Parks Commissioners in planting the shade trees and shrubbery as needed for said property. For the purpose of this subsection, the following words shall be defined as follows:
[Amended 11-24-1992 by Ord. No. 92-23]
(1) 
"Industrial district" means and includes: BN Neighborhood Business Zone, BL Limited Business Zone, BIL Business - Limited Industrial Zone, BG General Business Zone and BML Mount Laurel Business Zone.
(2) 
"Residential district" means and includes R-50 Residential One-Family Zone, R-75 Residential One-Family Zone, R-100 Residential One-Family Zone, R-150 Residential One-Family Zone, R-2F Residential Two-Family Zone, R-AH Residential - Affordable Housing Zone, R-GC Golf Course Cluster Townhouse Zone and RML Mount Laurel Residential Zone.
A. 
Completion of improvements.
(1) 
Upon substantial completion of all the necessary and appropriate improvement, the obligor shall notify the governing body, in writing, by certified mail, of the completion or substantial completion of the aforesaid improvements and shall send a copy thereof to the Borough Engineer. The Borough Engineer shall inspect all of the aforesaid improvements and shall, thereupon, file a report, in writing, with the governing body, which report shall be detailed and shall indicate either approval, partial approval or rejection. If said improvements or any portion thereof shall not be approved or shall be rejected by the Borough Engineer, said report shall contain a statement of reasons for such nonapproval or rejection. The cost of the improvements approved or rejected shall be set forth.
(2) 
The governing body shall accept (including acceptance of public streets) or reject the improvements, grant partial approval or withhold approval in the basis of such report and shall notify the obligor, in writing, by certified or registered mail, of the contents of said report and the action of the governing body with relation thereto not later than 45 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty bond, except for that portion adequately sufficient to secure the improvements not yet approved. Where all improvements are substantially completed, up to 30% of the amount of the performance guaranty posted may be retained to insure full completion.
[Amended 11-24-1992 by Ord. No. 92-23]
(3) 
Failure of the governing body to send or provide such notification to the obligor within 45 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability, pursuant to its performance guaranty bond.
[Amended 11-24-1992 by Ord. No. 92-23]
(4) 
If any portion of said improvements shall not be approved or shall be rejected by the governing body, the obligor shall cause the same to be completed and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
(5) 
Nothing herein, however, shall be construed in limitation of the obligor's right to contest or question by legal proceedings or otherwise any determination of the governing body or the Borough Engineer.
(6) 
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements, provided that the municipality may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Municipal Engineer for such inspection.
B. 
If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the Borough for the reasonable cost of the improvements not installed. Upon receipt of the proceeds thereof, the Borough shall install such improvements.
C. 
The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.
D. 
Any resolution approving a subdivision and the subdivider's agreement required in § 387-31 of this Article shall also require a maintenance guaranty to be filed by the subdivider with the Borough Clerk. Such maintenance guaranty shall be for a period of two years after final acceptance of the improvement and shall be in an amount equal to 15% of the total actual cost of the improvement. The maintenance guaranty may be in the form of a maintenance bond, which shall be issued by a bonding or surety company approved by the governing body or by any other type of surety approved by the Borough Attorney, or may be in the form of a certified check, returnable to the subdivider after the termination of the maintenance period of two years.
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]