[Amended 11-24-1992 by Ord. No. 92-23; 4-8-2008 by Ord. No.
08-10]
The Mayor and Council recognize the need for
vehicular access to private property from streets and alleys, giving
consideration to pedestrian and vehicular safety, to the need for
on-street parking and the need to prevent undue interference with
public improvements. Accordingly, it is the intent of this article
to authorize, as set forth in this article, and to provide for the
issuance of permits for curb cuts in sidewalk driveway crossings to
allow access to private property only where curb cuts are necessary,
where said curb cuts will not unreasonably interfere with the rights
of the public in the adjacent street or alley, where said curb cuts
will not unreasonably interfere with vehicular traffic or unreasonably
eliminate on-street parking spaces and where said curb cuts comply
with the ordinances of the Borough. It is the further intent of the
Mayor and Council to allow the Borough Engineer to monitor the issuance
of curb cuts that are in compliance with the ordinances of the Borough
of Paramus, and to provide that permits for noncomplying curb cuts
be permitted only by way of a zoning variance by the Planning Board
of the Borough of Paramus or the Zoning Board of the Borough of Paramus
in those cases where an application is already pending before the
Zoning Board of Adjustment.
A.
No person shall cut, break or remove any curbing or
cause to have cut, broken or removed any curbing in the Borough without
first having obtained a permit to do such work from either the Borough
Engineer or the Planning Board or Zoning Board of Adjustment of the
Borough. Such permit shall be referred to as a "curb cut permit."
B.
A separate curb cut permit shall be required for each
lot, tract or parcel of land in front of, along or abutting any curb
cut; provided, however, that where two or more lots, tracts or parcels
of land adjoin and are owned by the same person, a single permit may
be issued covering not more than 100 linear feet for each permit.
A.
An application for a curb cut permit under this article
shall be filed with the Borough Engineer and shall contain the following
information:
(1)
The name and address of the owner or agent in charge
of the property abutting the proposed work area.
(2)
The name and address of the party doing the actual
curb cut work.
(3)
A site drawing drawn to scale showing the location
and dimension of the curb cut, all property lines, the proposed or
existing driveway and all Borough shade trees.
(4)
The estimated cost of the curb cut work.
(5)
Such other information as the Borough Engineer finds
reasonably necessary in order to render a determination as to whether
the curb cut permit should be issued.
B.
An applicant for a curb cut permit shall attach to
the site drawing all details with regard to all work being completed
in connection with the curb cut. The site drawing shall be reviewed
by the Borough Engineer as well as the Superintendent of the Shade
Tree and Parks Commission.
The fee for each curb cut permit shall be $50
and shall accompany the application for a curb cut permit.
Standards governing issuance of permits.
A.
The Borough Engineer shall issue a curb cut permit
only upon the following findings:
(1)
(2)
That the plans for the curb cut are complete and have
been approved by the Superintendent of the Shade Tree and Parks Commission.
(3)
That the curb cut work will not unreasonably interfere
with vehicular and pedestrian traffic; and that the curb cut will
not create an additional need for on street parking spaces, and that
there is appropriate means of access to and from the property and
adjacent properties.
B.
In the event the Borough Engineer finds that the requested curb cut fails to comply with any of the provisions found in Subsection A of this section, no permit shall be issued unless the applicant secures a variance allowing the curb cut from the Planning Board or Zoning Board.
C.
The Zoning Board for the Borough of Paramus or, in
those situations where an applicant has a matter pending before the
Planning Board of the Borough of Paramus, shall be authorized to hear
applications for curb cut permits that do not comply with the provisions
of the Borough Code, including but not limited to the Zoning Ordinance[3] and the Subdivision and Site Plan Review Ordinance[4] of the Borough of Paramus. In such cases, applicants shall
still pay the required curb cut permit fee. Applications for noncomplying
curb cuts shall also require review by the Superintendent of Shade
Tree and Parks Commission.
[Amended 7-22-2008 by Ord. No. 08-25]
