Borough of Rockleigh, NJ
Bergen County
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Table of Contents
Table of Contents
[1973 Code § 76-1]
This chapter shall be known and may be cited as the "Land Subdivision Regulations of the Borough of Rockleigh."
[1973 Code § 76-2]
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the Borough of Rockleigh in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
[1973 Code § 76-3]
a. 
The approval provisions of this chapter shall be administered by the Planning Board in accordance with N.J.S.A. 40:55D-1 et seq.
b. 
Planning Board Defined. Wherever in this chapter the words "Planning Board" shall appear, they shall be deemed to read "Planning Board or the Planning Board acting as the Zoning Board of Adjustment, where applicable," in order to comply with the provisions of N.J.S.A. 40:55D-1 et seq.
[1973 Code § 76-4]
As used in this chapter:
DRAINAGE RIGHT-OF-WAY
Shall mean the lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes of New Jersey.
FINAL PLAT
Shall mean the final map of all or a portion of a major subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper County Recording Officer.
LOT
Shall mean a parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record-of-survey map, or by metes and bounds, for purpose of sale, lease or separate use.
MAJOR SUBDIVISION
Shall mean all subdivisions not classified as minor subdivisions.
MASTER PLAN
Shall mean a composite of the mapped and written proposals recommending the physical development of the Borough which shall have been duly adopted by the Planning Board.
MINOR SUBDIVISION
Shall mean any subdivision of land for the creation of not more than three (3) lots, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
MINOR SUBDIVISION PLAT
Shall mean the final map of a minor subdivision which is presented to the Planning Board for approval in accordance with these regulations and which, if approved, shall be filed with the proper County Recording Officer.
OFFICIAL MAP
Shall mean a map adopted in accordance with the provisions of N.J.S.A. 40:55D-32 et seq. Such a map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.
OFF-TRACT IMPROVEMENTS
Shall mean water, sewer, drainage and street improvements not located on the property which is the subject of a development application nor located on a contiguous portion of a street or right-of-way.
OWNER
Shall mean 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.
PERFORMANCE GUARANTY
Shall mean any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.
PLAT
Shall mean the map of a subdivision.
PRELIMINARY APPROVAL
Shall mean the official action taken on a preliminary plat by the Planning Board meeting in regular session, which determines whether or not the map submitted is in proper form and meets the established standards adopted for design, layout and development of the subdivision. Such tentative approval confers upon a subdivider all rights provided for by virtue of the provisions of N.J.S.A. 40:55D-49.
PRELIMINARY PLAT
Shall mean the preliminary map of a major subdivision indicating the proposed layout of the subdivision which is submitted to the Borough Administrator for Planning Board consideration and tentative approval and meeting the requirements of Section 32-6 of this chapter.
STREET
Shall mean 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:
a. 
Arterial Streets shall mean those which are used primarily for fast or heavy traffic.
b. 
Collector Streets shall mean those which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
c. 
Minor Streets shall mean those which are used primarily for access to the abutting properties.
SUBDIVIDER
Shall mean any individual, firm, association, syndicate, corpartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION
Shall mean the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created: divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one (1) 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 administrative officer 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. The term "subdivision" shall also include the term "resubdivision."
TRANSCRIPT
Shall mean a typed or printed verbatim record of the proceedings or reproduction thereof.
[1]
Editor's Note: See Also Appendix to Chapter 30, Land Use Procedures for Applications and Checklists.
[1973 Code § 76-5; Ord. No. 06-13]
a. 
Any owner of land within the Borough, prior to subdividing or resubdividing land if it is desired that such subdivision qualify as a minor subdivision shall submit to the Borough Administrator to be transmitted to the Planning Board, at least twenty-one (21) business days prior to the regular meeting of the Board, at least eighteen (18) copies of a proposed minor subdivision plat, together with such application forms and fees as are required by the Board.
b. 
If approved as a minor subdivision by the Planning Board, a notation to that effect will be made on the minor subdivision plat. Where County Planning Board approval is required, however, it will first be forwarded to that Board for its consideration. A plat will then be signed by the Chairman of the Planning Board and returned to the subdivider by the Borough Administrator within two (2) weeks after the meeting of the Planning Board at which the minor subdivision plat is approved.
c. 
Copies Required.
1. 
Before the Borough Administrator returns any approved minor subdivision plat to the subdivider, the Administrator shall have sufficient copies made to furnish one (1) copy to each of the following:
(a) 
Borough Administrator.
(b) 
Borough Engineer.
(c) 
Construction Official or Zoning Officer.
(d) 
Tax Assessor.
(e) 
Secretary of the Planning Board.
(f) 
Secretary of the Board of Health.
(g) 
County Planning Board.
(h) 
Planning Board Attorney.
(i) 
Such other Borough officer or department as directed by the Borough Council.
2. 
The cost of the copies will be charged to the subdivider and shall be collected before the return of the original minor subdivision plat to the subdivider.
d. 
Either a deed description or plat map drawn in compliance with N.J.S.A. 46:26A, 46:26B and 46:26C shall be filed by the subdivider with the County Recording Officer within one hundred ninety (190) days from the date of return of the approved sketch plat.
e. 
If the minor subdivision plat is not approved, the proposed subdivider shall be notified of the reasons for such disapproval and whether the proposed subdivision could qualify for resubmission under the procedure for major subdivisions.
[1973 Code § 76-6, Ord. No. 06-13]
a. 
Any owner of land within the Borough shall, prior to subdividing or resubdividing land, where such subdivision does not qualify as a minor division, submit a major subdivision plat. At least eighteen (18) black-on-white prints of such preliminary plat, together with eighteen (18) completed application forms together with eighteen (18) completed subdivision application checklists and eighteen (18) completed subdivision zoning checklists for preliminary approval and eighteen (18) copies of any additional engineering documents to be submitted, shall be submitted to the Borough Administrator at least twenty-one (21) business days prior to the Planning Board meeting at which consideration is desired. The Borough Administrator shall immediately notify the Planning Board upon receipt of a preliminary plat. Prior to submission of the preliminary plat, however, the land owner may request a discussion with the Planning Board on the basis of a sketch map or maps, with any conclusions reached not to be binding and with notice and hearing requirements not applying.
b. 
The Borough Administrator shall forward a copy of the preliminary plat and related documents to the Planning Board for its review. If the application is found to be incomplete, the developer shall be notified thereof in writing of the deficiencies therein as to completeness by the Board or the Board's designee within forty-five (45) days of submission of such application or it shall be deemed to be properly submitted.
c. 
If the Planning Board finds that the application is complete, the Borough Administrator shall immediately notify the developer so as to the date of the next meeting the Planning Board at which the application will be considered and a public hearing held thereon. The applicant shall then arrange to give notice by newspaper publication and by giving additional notice to all persons entitled to notice of the hearing on the application, in accordance with Chapter 30, subsection 30-2.5, of the Rockleigh Borough Code. Such notice shall be given at least ten (10) days before the hearing.
d. 
If the Planning Board requires any substantial amendment in the layout or improvements proposed by the developer that have already been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development, including the giving of notice.
e. 
Copies of Preliminary Plat.
1. 
Copies of the preliminary plat shall be forwarded by the Borough Administrator, prior to the hearing, to the following persons:
(a) 
Secretary of the Planning Board.
(b) 
Secretary of the County Planning Board.
(c) 
Borough Engineer.
(d) 
Secretary of the Board of Health.
(e) 
Borough Planning Consultant.
(f) 
Planning Board Attorney.
(g) 
Such other municipal, County or State officials as directed by the Planning Board.
2. 
If the preliminary plat lies within two hundred (200) feet of a municipal boundary, a copy of the plat shall be sent by the Borough Administrator to the Secretary of the Planning Board of the adjoining community. A written statement shall be requested from the adjoining community indicating whether the proposed subdivision to the Borough of Rockleigh is in reasonable harmony with its plans for development. The Secretary of the Planning Board of the adjoining community shall be informed of the date of the public hearing, and any communications received prior to this date considered in relation to the approval or disapproval of the plat.
f. 
After the public hearing, the Planning Board shall take formal action either approving or disapproving the preliminary plat within the time limits specified in subsection 30-1.8 of the Rockleigh Borough Code. Otherwise, the Planning Board shall be deemed to have granted preliminary approval to the subdivision. However, in no case shall Planning Board approval be given before the expiration of the twenty-day period within which the County Planning Board may submit a report on said subdivision. In all cases, the recommendations of the County Planning Board shall be given careful consideration in the final decision of the Borough Planning Board. If the County Planning Board has approval authority pursuant to State Statutes, its action shall be noted on the plat, and if disapproved, two (2) copies of the reasons for disapproval shall be returned with the plat. If either the Borough Planning Board or County Planning Board disapproves the plat, the reasons for disapproval shall be remedied prior to further consideration. If approval is required by any other officer or public body, the same procedure as applies to submission for approval by the County Planning Board shall apply.
g. 
Approval of any application shall be conditioned on certification by the Bergen County Soil Conservation District of a plan for soil erosion and sediment control pursuant to the provisions of N.J.S.A. 4:24-39 to N.J.S.A. 4:24-55.
h. 
If the Planning Board acts favorably on a preliminary plat, the Chairman of the Planning Board shall affix his signature to the plat with a notation that is has received tentative approval, and a copy shall be returned to the subdivider for compliance with final approval requirements. A copy of the action taken by the Planning Board shall be forwarded to the Borough Administrator.
i. 
Preliminary approval shall, except as hereinafter set forth, confer upon the applicant the following rights for a three-year period from the date of such approval:
1. 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
2. 
That the applicant may submit for final approval on or before such expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat.
3. 
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one (1) year, but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance such revised standards shall govern.
j. 
Separate Application Permissible. The developer may elect to submit a separate application requesting approval of a variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zone Plan and Chapter 34, Zoning.
[1973 Code § 76-8; Ord. No. 06-13]
a. 
The final plat shall be submitted to the Borough Administrator for forwarding to the Planning Board for final approval within the time limit specified in subsection 35-5.2i. The Board shall act upon the final plat within the time limits specified in subsection 30-1.8 of the Rockleigh Borough Code. A conditional approval will first be made, allowing the developer to proceed with the construction of streets and other improvements or the posting of bonds and guaranties such as may be agreed to by the Board; then final approval will be given upon satisfactory completion of the improvements and/or posting of bonds.
b. 
The original tracing, one (1) translucent cloth copy, two (2) cloth prints, eighteen (18) black-on white prints and eighteen (18) copies of the application form or final approval shall be submitted to the Borough Administrator at least twenty-one (21) business days prior to the date of a regular Planning Board meeting. Unless the preliminary plat is approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board.
c. 
A copy of the final plat and related engineering documents shall be forwarded immediately by the Borough Administrator to the Borough Engineer, and prior to the approval of the final plat the Planning Board shall have received a report from the Borough Engineer as to the design of the final plat and the proposed improvements on and off the tract, together with findings as to the adequacy of any performance bonds and maintenance guaranties proposed to be posted. The developer shall have the option of submitting this material to the Borough Engineer in advance of the submission of the final plat, for review by the Borough Engineer.
d. 
Whenever the review or approval of the application by the County Planning Board is required, the Borough Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
e. 
Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the Secretary of the Board (Borough Administrator) as to the failure of the Planning Board to act shall be issued on request of the applicant, and shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing the final subdivision plat. However, approval by the Borough Engineer will still be required for the construction of any site improvements, and performance and maintenance bond and inspection requirements shall still apply.
f. 
Upon final approval, one (1) translucent tracing and one (1) cloth print shall be filed with the Borough Administrator. The original tracing and one (1) cloth print shall be returned to the applicant. Copies of the final plat shall also be filed with the Planning Board and with the following:
1. 
Borough Engineer.
2. 
Board of Education of the local district.
3. 
Construction Official.
4. 
Tax Assessor.
5. 
County Planning Board.
6. 
Planning Board Attorney.
7. 
Official issuing certificates for approved lots.
g. 
Within ninety-five (95) days of final approval, the final plat shall be filed by the subdivider with the County Recording Officer. For good and sufficient reasons, the Planning Board may extend the time for filing for an additional period not to exceed one hundred ninety (190) days from the date of the signing of the plat.
h. 
No plat shall be offered for filing to the County Recording Officer unless it has been duly approved by the Borough Planning Board and signed by the Chairman, Secretary and Borough Engineer.
[1973 Code § 76-9]
The minor subdivision plat shall be clearly and legibly drawn or reproduced at a scale of not less than one (1) inch equals one hundred (100) feet and shall be drawn or certified by a licensed New Jersey land surveyor. It shall include or be accompanied by the following information:
a. 
The location and proposed boundaries, with distances and bearings, of that portion which is to be subdivided in relation to the entire tract.
b. 
The tract name, Tax Map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:
1. 
Of the record owner or owners.
2. 
Of the subdivider.
3. 
Of the person who prepared the map.
c. 
The names of all adjoining property owners as disclosed by the most recent municipal tax records.
d. 
Within the portion to be subdivided and within two hundred (200) feet, the location of existing streets, buildings, watercourses, bridges, culverts and drainpipes and any natural features such as wooded areas and rock formations.
e. 
Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points.
f. 
Where a proposed or potential new building site is to be established, plans for water supply, sewage disposal and storm drainage. When an individual water supply and/or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, County or State health agency. When a public sewage disposal system is not available, the developer shall have percolation tests made and submit the results with the minor subdivision plat. Any subdivision which does not meet with the established requirements of this chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, County or State health agency.
g. 
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the minor subdivision plat.
[1973 Code § 76-10]
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one (1) inch equals one hundred (100) feet. Preliminary plats shall be designed by either a licensed New Jersey land surveyor, engineer, architect or professional planner, but the accuracy of property line and other boundaries shall be certified by a licensed New Jersey land surveyor. The plat shall be designed in compliance with the provisions of Section 32-8, Design Standards, of this chapter and shall show or be accompanied by the following information:
a. 
A key map showing the entire subdivision and its relation to surrounding areas.
b. 
The tract name, Tax Map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:
1. 
Of the record owner or owners.
2. 
Of the subdivider.
3. 
Of the person who prepared the map.
c. 
Acreage of the tract, to be subdivided to the nearest tenth of an acre.
d. 
Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points and tentative cross sections and center-line profiles for all proposed new streets.
e. 
The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts and drainpipes and any natural features such as wooded areas and rock formations.
f. 
Plans of proposed utility layouts (sewers, storm drains, water, gas and electricity), showing feasible connections to existing or any proposed utility systems. When an individual water supply and/or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, County or State health agency. When a public sewage disposal system is not available, the developer shall have percolation tests made and submit the results with the preliminary plat. Any subdivision or part thereof does not meet with the established requirements of this chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, County or State health agency.
g. 
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
[1973 Code § 76-11]
The final plat shall be drawn in ink on tracing cloth at a scale of not less than one (1) inch equals fifty (50) feet and in compliance with all the provisions of Chapter 358 of the Laws of 1953. The final plat shall show or be accompanied by the following:
a. 
Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
b. 
Tract boundary line, right-of-way lines of streets, street names, easements and other rights-of-way land to be reserved or dedicated to public use, all lot lines and other site lines, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves.
c. 
The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
d. 
Each block shall be numbered, and the lots within each block shall be numbered consecutively, beginning with No. 1.
e. 
Minimum building setback line on all lots and other sites.
f. 
Location and description of all monuments.
g. 
Names of owners of adjoining unsubdivided land.
h. 
Certification by engineer or surveyor as to accuracy of details of plat.
i. 
Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
j. 
When approval of a plat is required by any officer or body of such a municipality, County, State, approval shall be certified on the plat.
k. 
Cross sections and profiles of streets, approved by the Borough Engineer, may be required to accompany the final plat.
l. 
Contours at five-foot intervals for slopes averaging ten (10%) percent or greater and at two-foot intervals for land of lesser slope.
m. 
Plans and profiles of storm and sanitary sewers and water mains.
n. 
Certificate from Tax Collector that all taxes are paid to date.
[1]
Editor's Note: See also the New Jersey Residential Street Improvement Standards (NJRSIS).
[1973 Code § 76-12]
a. 
After the granting of conditional approval of the final plat, but before final approval, the subdivider shall have installed, or shall have furnished performance guaranties together with a satisfactory time schedule for the completion of, improvements in relation to the construction and occupancy of the buildings, to which schedule the issuance of certificates of occupancy shall be related, as follows:
1. 
Streets and Curbs. All streets shall be paved with six-inch bituminous penetration macadam to a width of eighteen (18) feet between curblines and having concrete curbs six by nine by twenty (6 x 9 x 20) inches, a one-to-two-to-four mix, air-entrained at the edges of the pavement, all according to New Jersey highway specifications and all amendments and supplements thereto.
2. 
Street Signs. Street signs shall conform to those approved by the Governing Body and shall be erected at all street intersections.
3. 
Streetlighting. Street lights shall be installed in accordance with the plan for streetlighting approved by the Governing Body of the Borough of Rockleigh.
4. 
Shade Trees. Shade trees shall be located on the street line so as not to interfere with utilities or sidewalks and shall be of one (1) of the following types: shade, maple, sycamore or equal.
5. 
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 (6) inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.[1]
[1]
Editor's Note: See also Chapter 33, Soil Disturbance.
6. 
Monuments. Monuments shall be of the size and shape required by Section 4 of Chapter 358 of the Laws of 1953 and shall be placed in accordance with said Statute.
7. 
Water Mains, Culverts, Storm Sewers and Sanitary Sewers. All such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development.
b. 
Inspection. All of the above-listed improvements shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the subdivider at least twenty-four (24) hours prior to the start of the construction. No underground installations shall be covered until inspected and approved.
[1973 Code § 76-12.1]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-42, construction of or contributions for off-tract water, sewer, drainage and street improvements may be required in accordance with the following criteria:
a. 
Improvements to Be Constructed at Sole Expense of Applicant. In cases where reasonable and necessary need for an 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 Planning Board may require the applicant, as a condition of subdivision approval, at the applicant's sole expense, to provide for and construct such improvements as if such were on-tract improvements, in the manner provided hereafter and as otherwise provided by law.
b. 
Contributions by Developer Toward Required Off-Tract Improvements.
1. 
In cases where the need for any off-tract improvement is necessitated by the proposed development, application, and where the Planning Board determines that properties outside the development will also be benefitted by the improvements, such determination shall be made by the Planning Board in writing. The resolution or determination of the Planning Board shall specify the 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 same. In its deliberation as to whether off-tract improvements are required, the Planning Board shall be guided by the rules and regulations specified in Chapter 34, Zoning, of the Rockleigh Borough Code, this chapter and the Borough Master Plan. The Planning Board may also be guided by counsel from the Planning Board Attorney, engineer, consultant and other qualified experts and municipal officials relative to the subject matter.
2. 
In the event that the Planning Board determines that one (1) or more improvements constitute an off-tract improvement, the Planning Board shall notify the Borough Council of same specifying the Board's recommendation relative to the estimated cost of same, the applicant's prorated share of the cost and possible methods or means to implement same, including but not limited to performance and maintenance guaranties, cash contributions, development agreements and other forms of surety.
3. 
The Planning Board shall not grant final approval on the subdivision until all aspects of such conditions have been mutually agreed upon by both the applicant and the Borough Council and a written resolution to that effect by the Borough Council has been transmitted to the Planning 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-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. Where a development agreement is required governing off-tract improvements or other conditions as may be required by this chapter or by the Planning Board, said agreement shall be approved as to form, sufficiency and execution by the Planning Board Attorney and the Borough Attorney. This agreement shall specify the amount of cash contributions, if any, the method of payment of same, the relative timing of such payment and the obligation or obligations to be undertaken by the Borough of Rockleigh.
3. 
Cash Contributions: When Not Required. Cash contributions for 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 Rockleigh; or
(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.
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 with a copy of the applicant's transmittal letter forwarded to the Borough Council, the Borough Engineer and the Planning 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 ten (10) years, the funds 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 the cash contribution was made.
d. 
Pro Rata—Formula for Determining Applicant's Share of Off-Tract Improvements. Where an 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, construction 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 ten (10%) percent for contingencies.
2. 
Water distribution facilities, including the installation of new water mains, the extension of existing 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, in gallons, from the property or properties 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 ten (10%) percent 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 (2) ratios thus calculated shall be increased by ten (10%) percent 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 and catch basins and the installation, relocation or replacement of other appurtenances associated therewith: the applicant's proportionate costs 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 ten (10%) percent 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 Planning 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 Planning 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.
[1973 Code § 76-12.2]
No land in any flood hazard area, as defined in Article VI, Flood Control Provisions, of Chapter 34, Zoning, shall be improved, altered or built upon except as provided in Article VI of Chapter 34.
[1973 Code § 76-13]
a. 
Maintenance Guaranty; Completion of Improvements or Filing of Performance Guaranty.
1. 
No major subdivision shall be recorded with the County or lots sold until:
(a) 
The provision of a maintenance guaranty as set forth in paragraph a2, hereof.
(b) 
The completion of all such required improvements has been certified to the Planning Board by the Borough Engineer, or the subdivision owner has filed with the municipality a performance guaranty in an amount equal to one hundred twenty (120%) percent of the cost of the improvements specified in subsection 32-7.1, as estimated by the Borough Engineer, and assuring the installation of such uncompleted improvement on or before an agreed date, and also assuring compliance with the soil erosion and sediment control plan certified by the Bergen County Soil Conservation District as required in subsection 32-11.1. Such performance bond shall be a bond issued by a bonding or surety company approved by the Governing Body, a certified check, returnable to the subdivider after full compliance or any other type of surety approved by the Municipal Attorney. The Planning Board may require that not more than twenty (20%) percent of the estimated cost of such unfinished improvements be deposited in cash with the Borough to assure completion thereof, the balance being covered by a performance bond. The performance guaranty shall be approved by the Municipal Attorney as to form, sufficiency and execution. Such performance guaranty shall run for a period to be fixed by the Planning Board, bit in no case for a term of more than two (2) years. However, with the consent of the owner and the surety, if there is one, the Governing Body may by resolution extend the term of such performance guaranty, the amount thereof to be adjusted to reflect any increase based on new engineering estimates of current costs as well as any decrease resulting from partial performance, for an additional period not to exceed two (2) years.
2. 
The subdivision owner shall, in any event, make provision for a maintenance guaranty to be posted with the Borough Council for a period not to exceed two (2) years after final acceptance of the improvement, in an amount not to exceed fifteen (15%) percent of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements.
b. 
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Borough Council by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed one hundred twenty (120%) percent of the cost of the installation as determined as of the time of the passage of the resolution.
c. 
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected and the municipality may, either prior to or after the receipt of the proceeds thereof, complete such improvements.
d. 
Upon substantial completion of all required appurtenant utility improvements and the connection of same to the public system, the obligor may notify the Borough Council, in writing, by certified mail addressed in care of the Borough Administrator, of the completion or substantial completion of improvements and shall send a copy thereof to the Borough Engineer. Thereupon the Borough Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Borough Council, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements approved or rejected shall be set forth.
e. 
The Borough Council shall either approve, partially approve or reject the improvements, on the basis of the report of the Borough Engineer, and shall notify the obligor, in writing, by certified mail, of the contents of the report and the action of the approving authority with relation thereto, not later than sixty-five (65) 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, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that thirty (30%) percent of the amount of the performance guarantee posted may be retained to ensure the completion of all improvements. Failure of the Borough Council to send or provide such notification to the obligor within sixty-five (65) 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 such performance guaranty.
f. 
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth in this section shall be followed.
g. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Borough Council or the Borough Engineer.
h. 
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements, provided that the Borough may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Borough Engineer for such inspection.
i. 
In the event that final approval is by stages or sections of development pursuant to subsection 32-5.2i2, the provisions of this section shall be applied by section or stage.
[1973 Code § 76-13.1]
Provision shall be made for stormwater runoff detention systems for all major subdivisions. Such provisions shall be shown on all preliminary and final plats. Detention systems shall be in accordance with the standards for stormwater runoff detention of Article VI, Flood Control Provisions, of Chapter 34, Zoning, of the Rockleigh Borough Code and shall be included within the limits of the subdivision when such subdivision involves more than two (2) buildable lots.
[1]
Editor's Note: See also Chapter 22, Stormwater Control and Chapter 34, Zoning.
[1973 Code § 76-14]
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof.
[1973 Code § 76-15]
The subdivision plat shall conform to design standards that will encourage good development patterns within the municipality. Where either or both an Official Map or Master Plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playground shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats. Where no Master Plan or Official Map exists, streets and drainage rights-of-way shall be shown on the final plat in accordance with Section 20 of Chapter 433 of the Laws of 1953 and shall be such as to lend themselves to the harmonious development of the municipality and enhance the public welfare in accordance with the following design standards.
[1973 Code § 76-16]
a. 
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.
b. 
Minor streets shall be so designed as to discourage through traffic.
c. 
Subdivision abutting arterial streets.
d. 
The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:
1. 
Arterial streets, sixty (60) feet to eighty (80) feet.
2. 
Collector streets, sixty (60) feet.
3. 
Minor streets, fifty (50) feet.
4. 
Marginal access streets.
5. 
The right-of-way width for internal roads in commercial and industrial developments shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for firefighting equipment.
e. 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the Governing Body under conditions approved by the Planning Board.
f. 
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one (1) or both sides of said road. If the subdivision is along one (1) side only, one-half (1/2) of the required extra width shall be dedicated.
g. 
Grades of arterial and collector streets shall not exceed four (4%) percent. Grades on other streets shall not exceed ten (10%) percent. No street shall have a minimum grade of less than one-half of one (1/2 of 1%) percent.
h. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than sixty (60ᵒ) degrees. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than twenty (20) feet.
i. 
Street jogs with center-line offsets of less than one hundred twenty-five (125) feet shall be prohibited.
j. 
A tangent at least one hundred (100) feet long shall be introduced between reverse curves on arterial and collector streets.
k. 
When connecting street lines deflect from each other at any one (1) point by more than ten (10ᵒ) degrees and not more than forty-five (45ᵒ) degrees they shall be connected by a curve with a radius of not less than one hundred (100) feet for minor streets and three hundred (300) feet for arterial and collector streets.
l. 
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
m. 
Dead-end streets (cul-de-sacs) shall not be longer than six hundred (600) feet and shall provide a turnaround at the end with a radius of not less than fifty (50) feet and tangent, whenever possible, to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
n. 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
[1973 Code § 76-17]
a. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 34, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
b. 
In blocks over one thousand (1,000) feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkways shall be ten (10) feet wide and be straight from street to street.
c. 
For commercial or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
[1973 Code § 76-18]
a. 
Lot dimensions and area shall not be less than the requirements of Chapter 34, Zoning.
b. 
Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
c. 
Each lot shall front upon an approved street at least fifty (50) feet in width, except lots fronting on streets described in subsection 32-8.3d5.
d. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at the line of such extra width, and all setbacks shall be measured from such line.
e. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.
[1973 Code § 76-19]
a. 
In large-scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least fifteen (15) feet wide and located in consultation with the companies or municipal departments concerned.
b. 
Where a subdivision is traversed by a watercourse, drainageway channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose.
c. 
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
[1973 Code § 76-21]
a. 
If, before favorable referral and final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms part of a subdivision on which by ordinance the Planning Board is required to act, such person shall be subject to a fine not to exceed one thousand ($1,000.00) dollars, and each parcel, plot or lot so disposed of shall be deemed a separate violation in accordance with the provisions of N.J.S.A. 40:55D-55.
b. 
In addition to the foregoing, the Borough may institute and maintain a civil action:
1. 
For injunctive relief.
2. 
To set aside and invalidate any conveyance made pursuant to such contract of sale, if a certificate of compliance has not been issued in accordance with the provisions of N.J.S.A. 40:55D-56.
c. 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors, to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any.
d. 
Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of the land or within six (6) years if unrecorded.
[1973 Code § 76-22]
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough of Rockleigh. Any action taken by the Planning Board 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 subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one (1) or more of these regulations is impracticable or will exact undue hardship, the Planning Board 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.
[1]
Editor's Note: See also Chapter 33, Soil Disturbance.
[1973 Code § 76-23]
a. 
A soil erosion and sediment control plan shall be prepared by a licensed New Jersey professional engineer for all projects in accordance with specifications for soil erosion and sediment control of the Bergen County Soil Conservation District for certification pursuant to N.J.S.A. 4:24-39 to N.J.S.A. 4:24-55. The Planning Board shall not give unconditional approval to the preliminary plat until receipt of the Soil Conservation District Certification. Any fees or expenses involved in the review of the District shall be the applicant's responsibility.
b. 
The soil erosion and sediment control plan shall be for the entire tract and shall contain the following:
1. 
Plans and specifications of soil erosion and sediment control measures in accordance with the standards and specifications for soil erosion and sediment control of the Bergen County Soil Conservation District. These measures shall apply to all features of construction on the site, including street and utility installations, as well as protection of individual lots, and these measures shall be instituted to prevent or control soil erosion and sedimentation during the various stages of development.
2. 
A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each are a priority to the completion of effective erosion and sediment control measures.
c. 
The following principles shall be included, where applicable, in the soil erosion and sediment control plan:
1. 
Stripping of vegetation, regrading or other development shall be done in such a way that will minimize soil erosion.
2. 
Whenever feasible, natural vegetation shall be retained, protected and supplemented.
3. 
The disturbed area and the duration of exposure shall be kept to a practical minimum.
4. 
Temporary seedings or mulching shall be used to protect exposed critical areas during development.
5. 
Provision shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after development.
6. 
Sediment in the runoff water shall be trapped until the disturbed area is stabilized by the use of sediment basins or other acceptable methods.
7. 
Diversions, sediment basins, and so forth, shall be constructed prior to any on-site grading or disturbance of existing surface material.
d. 
Upon receipt of the report from the Bergen County Soil Conservation District, the Planning Board shall require incorporation of soil erosion and sediment control measures as it deems appropriate as a condition of tentative approval of the preliminary plat.
e. 
For the purposes of this Section, the terms used herein are defined as follows:
Certification shall mean a written endorsement of a plan for soil erosion and sediment control by the local Soil Conservation District which indicates that the plan meets the standards promulgated by the State Soil Conservation Committee pursuant to N.J.S.A. 4:24-39 et seq., or that the time allotted in N.J.S.A. 4:24-45 has expired without action by the district.
Development shall mean a subdivision of land site plan, conditional use, zoning variance, planned unit development or construction permit application.
District shall mean the Bergen County Soil Conservation District organized pursuant to Chapter 24 of Title 4 of the Revised Statutes of New Jersey.
Disturbance shall mean any activity involving the clearing, excavating, storing, grading, filling or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.
Erosion shall mean the detachment and movement of soil or rock fragments by water, wind, ice and gravity.
Plan shall mean a scheme which indicates land treatment measures, including a schedule of the timing for their installation, to minimize soil erosion and sedimentation.
Project shall mean the disturbance of more than five thousand (5,000) square feet of the surface area of land for the accommodation of construction for which the State Uniform Construction Code would require a construction permit, except that the construction of a single-family dwelling unit shall not be deemed a "project" under N.J.S.A. 4:24-39 et seq. unless such unit is part of a proposed subdivision site plan, conditional use, zoning variance, planned development or construction permit application involving two (2) or more such single-family dwelling units.
Sediment shall mean solid material, mineral or organic, that is in suspension, is being transported or has been moved from its site of origin by air, water or gravity as a product of erosion.
[Ord. No. 06-14]
No application for a subdivision shall be deemed to be complete for purposes of commencing the applicable time period for action by the Planning Board unless and until the Subdivision Checklist and Zoning Checklist, in the form set forth in the Appendix to Chapter 30, have been completed and all information required therein has been furnished to the Planning Board.
[1]
Editor's Note: The checklists are contained in Chapter 30, Land Use Procedures.
[1973 Code § 76-20; Ord. No. 06-07]
Fees are provided in Chapter 30, Land Use Procedures.