[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 § 76-4]
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.
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.
[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:
(c)
Construction Official or Zoning Officer.
(e)
Secretary of the Planning Board.
(f)
Secretary of the Board of Health.
(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.
(d)
Secretary of the Board of Health.
(e)
Borough Planning Consultant.
(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:
2. Board of Education of the local district.
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.
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.
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.
[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 § 76-13.1]
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.
[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 § 76-22]
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.
[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.
[1973 Code § 76-20; Ord. No. 06-07]
Fees are provided in Chapter
30, Land Use Procedures.