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.
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.
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]
