Borough of Paramus, NJ
Bergen County
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Table of Contents
Table of Contents
[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. 
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. 
Prevent property damage.
C. 
Minimize expenditures of public moneys for costly control projects and for elimination of environmental pollutants by developing more efficient environmental controls.
D. 
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. 
Minimize business interruptions and to encourage stable growth.
F. 
Minimize damage to public facilities, transportation and utilities.
G. 
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. 
Protect present and future owners, tenants and other persons having an interest in property from flood damage.
I. 
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. 
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:
(1) 
Ardale Brook.
(2) 
Bailey Brook.
(3) 
Behnke Brook.
(4) 
Delford Brook.
(5) 
Herring Brook.
(6) 
Highland Brook.
(7) 
Howland Brook.
(8) 
Mannings Brook.
(9) 
Soldier Hill Brook.
(10) 
Sprout Brook.
(11) 
St. Andrew's Brook.
(12) 
Van Saun Mill Brook.
(13) 
Voorhis Brook.
B. 
Property within and lying in the Sprout Brook watershed area between Midland Avenue, Route 17, Ridgewood Avenue and From Road.
C. 
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. 
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. 
Words used in the present tense include the future tense; and the singular includes the plural, unless the context clearly indicates the contrary.
B. 
The term "shall" is always mandatory and not discretionary; the word "may" is permissive.
C. 
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:
APPLICANT
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.
APPROVED PLAN
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.
BUILDING CODE
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.
CHANNEL
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.
CONTAMINANT
Any solid, liquid or gaseous matter, any odor or any form of energy, from whatever source.
CONTROL PLAN
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.
DESIGN FLOOD
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.
DESIGN FLOOD PROFILE
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.
DRAINAGE PROBLEM AREAS
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.
ENCROACHMENT LINES
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.
EROSION
Detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EXCAVATION or CUT
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.
FILL
Deposit of soil, rock or other materials.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of streams, rivers or other inland water; or
B. 
Abnormally high tidal water or rising coastal waters resulting from severe storms, hurricane or tsunamis.
FLOOD FRINGE
That portion of the floodplain outside the floodway, whether adjacent to a floodway or not.
FLOOD HAZARD AREA
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.
FLOOD INSURANCE
The National Flood Insurance Program of the federal government, which covers both floods and mudslides.
FLOODPLAIN
That land area adjoining a river, stream, watercourse or lake which is likely to be flooded.
FLOODWAY
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.
GARBAGE
Waste resulting from the handling, processing, preparation, cooking and consumption of food and wastes from the handling, processing, storage and sale of produce.
GRADING
Any stripping, cutting, filling of land or stockpiling.
INFRINGEMENT
An intrusion or disturbance upon the land within encroachment lines, between the lateral limits and the stream or body of water.
LAND
Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the Borough.
LAND DISTURBANCE
Any activity involving the clearing, grading, transporting, filling and any other activity which causes land to be exposed to the danger of erosion.
MAP, PLANS or SPECIFICATIONS
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.
MUDSLIDE
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.
MULCHING
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.
NATURAL GROUND SURFACE
The ground surface in its original state before any grading, excavation or filling.
OPEN BURNING
The combustion of any matter in the open or in an open dump.
OPEN DUMPING
The consolidation of refuse from one or more sources at a disposal site that does not fulfill the requirements of a sanitary landfill.
PERMIT
A certificate issued to perform work under this chapter.
PERSON
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.
PUBLIC WATER SUPPLY
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.
REFUSE
Any garbage or discarded materials.
SANITARY LANDFILL
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.
SEDIMENT
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.
SEDIMENT BASIN
A barrier or dam built at a suitable location to retain rock, sand, gravel, silt or other sediment materials.
SEWAGE WORKS
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.
SITE
Any plot, parcel or parcels of land or combination of contiguous lots or parcels of land.
SOIL
All unconsolidated mineral and organic material of any origin.
STRIPPING
Any activity which significantly disturbs a vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
WATER
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.
WATER- or FLOOD-PRONE
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.
WATER POLLUTION
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.
WATERSHED
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. 
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. 
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. 
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) 
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) 
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. 
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. 
Application to Planning Board.
(1) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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) 
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. 
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. 
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. 
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. 
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) 
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) 
A summary of this chapter.
(3) 
The designation of the property in question on an approved plan.
(4) 
Any specific language given in any determination by the Planning Board affecting the property in question.
B. 
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. 
The applicant must submit a separate soil erosion and sediment control plan for each site. Such plan shall contain:
(1) 
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) 
The location and description of proposed changes to the site.
(3) 
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) 
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. 
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. 
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
B. 
Whenever feasible, natural vegetation shall be retained and protected.
C. 
The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.
D. 
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbance.
E. 
Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or disturbance.
F. 
Water runoff shall be minimized and retained on site whenever possible to facilitate groundwater recharge.
G. 
Sediment shall be retained on site.
H. 
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:
A. 
Soil disturbance associated with existing one- and two-family dwellings and accepted by the owner.
B. 
Use of land for gardening primarily for home consumption.
C. 
Agricultural use of lands when operated in a manner so that such use will not cause excessive erosion and sedimentation.
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. 
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) 
The placement of materials and structures on said site.
(2) 
The possibility of property damage.
(3) 
Minimizing expenditures.
(4) 
The effect, if any, on surrounding property and the nature and extent of the development.
(5) 
Minimizing business interruptions and encouraging stable growth.
(6) 
Minimizing damage to public facilities, transportation and utilities.
(7) 
The effect on the tax base and consideration of environmental damage, if any.
(8) 
Protection of adjacent properties from flood damage.
(9) 
The effect of soil erosion and sediment damages and related environmental problems.
B. 
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. 
This section shall automatically be repealed upon the enactment and adoption by the Borough and the availability of said detailed drainage map.
A. 
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. 
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. 
The Mayor or any member of the Borough Council of the Borough of Paramus.
B. 
The Building Inspector or any assistants to the Building Inspector.
C. 
The Chairman or any member of the Planning Board of the Borough of Paramus.
D. 
The Borough Engineer of the Borough of Paramus.
E. 
Any member of the Environmental Commission of the Borough of Paramus or its Chairman.
F. 
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. 
For property with one acre or less (other than for an application associated with no more than two one-family homes): $250.
B. 
For each additional full acre above one acre: an additional $50.
C. 
For applications of 10 acres or more: $75 for each acre computed in the entire lot within the regulated area.
D. 
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.