This chapter shall be known and may be cited
as the "Site Plan Review Ordinance of the Borough of Paramus."
A.
The purpose of this chapter is to provide rules, regulations
and standards to guide land use control in the Borough and to promote
the public health, safety, convenience, morals and general welfare
of the Borough and the inhabitants thereof. It shall be administered
to ensure the orderly growth and development and the conservation,
protection and proper use of land and to provide adequate provision
for circulation, utilities and services.
B.
This chapter shall not be construed as superseding
or repealing the zoning ordinances of the Borough or any part thereof
except those pertaining to site plan review and approval. All other
ordinances which are inconsistent with the provisions of this chapter
shall be deemed superseded to the extent of such inconsistency.
The following words, terms or phrases, when
used in this chapter, shall have the meanings ascribed in this section:
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]
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.
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.[1]
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.
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.
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.
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.
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.
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.[2]
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]
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.
Not located on the property which is the subject of a development
application nor on contiguous portions of a street or right-of-way.
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.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
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.
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.
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.
The development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
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.
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.
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.
A.
The approval provisions of this chapter shall be administered by the Borough Planning Board or Zoning Board of Adjustment in accordance with N.J.S.A. 40:55D-1 et seq. and as provided in Chapter 77, Land Use Procedures, of the Code of the Borough of Paramus.
B.
In all the articles and sections of this chapter which follow, the Planning Board is named as the approving agency. However, in instances where the Zoning Board of Adjustment is the approving agency, in accordance with N.J.S.A. 40:55D-76 and Chapter 77, Land Use Procedures, § 77-25, the procedures and requirements of this chapter shall be the same as those specified with respect to the Planning Board, except where specific reference is made to the Zoning Board of Adjustment.
A.
Site plan approval is necessary to obtain a building
permit for all buildings other than one-family and two-family purposes.
No building permit shall be issued to any person to construct any
building, to reconstruct any building such as to change its outside
dimensions or entrances, to construct any addition or alter the size
of any building or to move any building other than for a permitted
one- or two-family residential dwelling, unless and until site plan
approval has been obtained by resolution of the Planning Board.
B.
Site plan approval is required to make any alterations
on a site. No person shall alter any parking area, parking aisles,
grades, fire lanes, slopes, manholes, traffic signs on the lot, ingress
and egress roads, required planted area or required buffer area, sidewalks,
drainage facilities, fencing, lighting, utility facilities, curbing
or acceleration or deceleration lanes on any lot or lots other than
lots zoned or used for one- or two-family residential dwelling purposes
without first obtaining site plan approval by resolution of the Planning
Board. However, minor alterations for maintenance, repairs or correction
of drainage problems, as determined by the Borough Engineer, are exempted
from this requirement.
C.
Site plan approval is required to change use to a
different use than previously approved. No person shall change the
use of any lot or building in the Borough of Paramus so as to use
any building or lot for a use different from the use proposed and
approved previously or approved on any previous site plan application
to the Planning Board without obtaining a new site plan approval by
resolution of the Planning Board. This section, however, shall not
apply to the use of property for a permitted one-family residential
use or permitted two-family residential use or to a change from one
kind of retail or office use to another kind of similar use not requiring
more off-street parking or loading, as determined by the Zoning Officer.
D.
Site plan approval may be required for special problem
residential lots. Prior to the issuance of any building permit for
any one-family or two-family residential dwelling, the Zoning Officer
of the Borough of Paramus may require the applicant to obtain site
plan approval if, in the opinion of the Zoning Officer, the particular
lot or the building proposed for said lot or the lot layout is such
that there may be problems of either flooding, erosion, drainage or
traffic safety with respect to ingress and egress to the lot or from
the lot.
[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.
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.
A.
Failure of the Board to render a decision within the
time prescribed by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et
seq., or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant. The time periods
for approval shall be as follows, from the date the Zoning Officer
determines the application to be complete:
(2)
Final approval: 45 days.
(3)
Combined preliminary and final approval: same as preliminary
approval.
(4)
Conditional use approval: 95 days.
(5)
Combined application:
(a)
For a conditional use permit and a site plan:
95 days.
(b)
For site plan or conditional use permit and
certain zoning variances or direction of the issuance of a permit
for a building not related to a street or in an area designated on
the Official Map for public acquisition or use: 95 days.
(c)
For a subdivision plat and a conditional use
permit or site plan: the longest time period for action by the Planning
Board, whether it be for a subdivision, conditional use or site plan
approval.
B.
If an application is found to be incomplete, the applicant
must be notified within 45 days.
C.
If any application involves variances from lot area
(one lot), lot dimension, setback or yard requirements, the time for
action shall be 95 days.
D.
All applications processed by the Zoning Board of
Adjustment shall be completed within 120 days.
E.
All times may be extended with consent of the applicant.
[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.
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.
