This chapter shall be known and may be cited
as the "Land Subdivision Ordinance of the Borough of Paramus."
A.Â
The purpose of this chapter is to provide rules, regulations
and standards to guide land subdivision and 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,
the conservation, protection and proper use of land use and to provide
adequate provision for circulation, utilities and services.
B.Â
This chapter shall not be construed as superseding
or repealing the zoning ordinances of the Borough or any part thereof.
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this chapter shall be deemed superseded to the extent of such inconsistency.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 and accompanying maps and documents as required in Article V hereunder. Additional information or revisions may be required by the reviewing agency, but the application shall not thereby be deemed incomplete.
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 final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with regulations established by this chapter and which, if approved,
shall be filed with the proper county recording officer.
A parcel or portion of land separated from other parcels
or portions by description, as on a subdivision plat or record of
survey map, or by metes and bounds for purpose of sale, lease or separate
use.
All subdivisions not classified as minor subdivisions.
A composite of the mapped and written proposals recommending
the physical development of the Borough which shall have been duly
adopted by the Borough Planning Board.
A subdivision of land that does not involve:
A map adopted in accordance with the 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 et seq.
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.
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.
Location 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 proprietary interest in the land
sought to be subdivided to commence and maintain proceedings to subdivide
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 of governing
body approves a plat, including performance bonds, escrow agreements
and other similar collateral or surety agreements.
The map of a subdivision.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board or Zoning Board of Adjustment Secretary for consideration by the applicable Board and tentative approval and meeting the requirements of Article V of this chapter.
A privately owned strip of land of less width than the lot
depth permitted by the applicable zoning regulations and bounded on
one side by a proposed street and on the other by the boundary of
a subdivision.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
[Added 11-24-1992 by Ord. No. 92-23]
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 approved by official action 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. For the purpose of this chapter, "streets"
shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, as identified in the Master Plan.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel with and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
of for another.
The division of a lot, tract or parcel of land
into two or more lots, sites or other divisions of land for the purpose,
whether immediate or future, of sale or building development; except
that the following divisions shall not be considered subdivisions;
provided, however, that no new streets or roads are involved:
Division of land found by the Planning Board
to be for agricultural purposes where the resulting parcels are five
acres or larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order, including
but limited to judgments of foreclosures.
Consolidation of existing lots by deed or other
instrument.
The conveyance of one or more adjoining lots,
tracts or parcels of land owned by the same person or persons and
all of which are found and certified by the Building Subcode Official
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map or Atlas of the municipality.
"Subdivision" also includes resubdivision and
where appropriate to the context, relates to the process of subdividing
or to the lands or territory divided.
A Committee of at least three Planning Board or Zoning Board
members appointed by the Chairman of the Board for the purposes of
performing such duties related to land subdivision as may be conferred
on the Committee by the Board.
A.Â
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.
B.Â
In all the articles and sections of this chapter which follow, the Planning Board is named as 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.Â
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 Borough Engineer
determines the application to be complete:
(1)Â
Minor subdivision: 45 days.
(3)Â
Final subdivision approval: 45 days.
(4)Â
Combined application:
(a)Â
For a subdivision plat, 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 use: 95 days.
(b)Â
For a subdivision plat and/or a conditional
use permit and/or site plan: the longest time period for action by
the Planning Board, whether it is for a subdivision, conditional use
or site plan.
B.Â
If an application is found to be incomplete, the applicant
must be notified within 45 days.
C.Â
If any application involves variances from lot area,
lot dimension, setback or yard requirements, the time for action shall
be 95 days.
D.Â
All applications processed by the Zoning Board of
Adjustment: 120 days.
E.Â
All times may be extended with consent of the applicant.
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 terms
of this chapter shall give primary consideration to the above-mentioned
matters and to the welfare of the entire community. However, if the
subdivider or his agent can clearly demonstrate that because of peculiar
conditions pertaining to his land the literal enforcements of one
or more of these regulations is impracticable or will exact undue
hardship, the approving agency may permit such variance or variances
as may be reasonable and within the general purpose and intent of
the rules, regulations and standards established by this chapter.
[Added 5-14-1991 by Ord. No. 91-19]
Upon the approval of any minor or major subdivision,
the applicant shall pay to the Borough of Paramus a fee of $50 per
lot for the purpose of updating and amending the Borough Tax Map to
reflect any necessary changes occasioned by said subdivision.[1]
