This chapter shall be known and may be cited as the "1975 Land
Subdivision Ordinance of the Township of Eagleswood, Ocean County,
New Jersey."
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the Township of Eagleswood
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, production and proper
use of land and adequate provision for traffic circulation, utilities
and services.
As used in this chapter, the following terms shall have the
meanings indicated:
The Township Clerk of the Township of Eagleswood; provided,
however, that for the purpose of issuing certificates of completeness,
the "Administrative Officer" shall be the Land Use Board Engineer.
[Added 5-8-1990 by Ord. No. 8-90]
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
[Added 5-8-1990 by Ord. No. 8-90]
That area along one side of a street located between and
on the same side of two intersecting or connecting streets. Corner
lots shall be included even though the residence fronts or is intended
to front on another street.
The Land Use Board of the Township of Eagleswood, in the
County of Ocean.
That part of the street between curbs.
The Chairman of the Board.
The Township Clerk.
The lands required for the installation of storm 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 N.J.S.A.
58:1.
A right or interest, less than a fee, held by a particular
person or corporation in land owned by another to be used for specific
purposes.
The Township Engineer of the Township of Eagleswood, in the
County of Ocean.
The Township Committee of the Township of Eagleswood, in
the County of Ocean.
When used in the context of an existing street, any street
which is constructed with an all-weather surface. When used in the
context of a new street, it shall mean a street constructed in accordance
with the provisions of this chapter.
A composite of the mapped and written proposals recommending
the physical development of the municipality, which may be adopted
by the Land Use Board and which may be used as a guide by the Land
Use Board and by the governing body.
The Land Use Board or Township Committee of the Township
of Eagleswood when acting pursuant to N.J.S.A. 40:55D et seq. and
this chapter.
[Added 5-8-1990 by Ord. No. 8-90]
A map which may be adopted in accordance with N.J.S.A. 40:55D-32
et seq., or any prior act authorizing such adoption. Such a map shall
be deemed to be conclusive with respect to the location and width
of streets, public parks and playgrounds and drainage rights-of-way
shown thereon.[1]
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 bonds and/or cash in combinations specified hereinafter
or other collateral which the Land Use Board may, at its discretion,
deem satisfactory, accepted in lieu of constructing required improvements
prior to final approval of a plat by the Land Use Board.
A map of a subdivision.
The final map of a minor subdivision which is presented to
the Land Use Board for final technical review in accordance with this
chapter, and which, if approved, shall be filed with the Recording
Officer of the County of Ocean.
[Amended 1-19-1977]
The final map which designates all or a portion of the subdivision
and which is presented to the Land Use Board for final technical review
for approval in accordance with this chapter, and which, if approved,
shall be filed with the Recording Officer of the County of Ocean.
The preliminary map of a subdivision which indicates the
proposed layout of the subdivision and which is presented to the Land
Use Board for technical review for tentative approval in accordance
with this chapter.
The land and space required on the surface, subsurface and
overhead for the construction and installation of material necessary
to provide passageways for vehicular traffic, pedestrians, utility
lines, poles, conduits, mains, signs, hydrants, trees, shrubbery and
the proper amount of light and air, and which shall be measured from
lot line to lot line.
The Secretary of the Land Use Board.
Those improvements to the land or plat in addition to the
required improvements mentioned herein, including but not limited
to driveways, landscaping and access walkways.
The Land Use Board Attorney.
Those construction details prepared by the Township Engineer
as a complement and supplement to the standard specifications, state
specifications and regulations contained herein.
Those specifications which may be adopted by the governing
body to amend and/or supplement state specifications governing the
construction of improvements.
The New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction, 1961, together with amendments and
supplements thereto.
Artificial means, such as pipes or other conduits, constructed
to carry collected surface drainage to a point of accepted discharge.
A public thoroughfare intended for the use of vehicular traffic
to gain access to abutting properties and shall include 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, 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, new streets shall be classified as follows:
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and major highways and which provide access to abutting properties and protection from through traffic.
MINOR STREETSThose which are used primarily for access to abutting properties and include marginal access streets.
COLLECTOR STREETSThose streets which provide for traffic movement between major arterials and direct access to abutting properties, and includes the principal entrance streets of a residential development and streets for circulation within such a development.
ARTERIAL STREETSThose streets which provide for through traffic movement between areas or municipalities and direct access to abutting properties (when not deemed to be a safety hazard), subject to necessary controls on the location and design of entrances and exits.
The line dividing the dedicated street from the private property.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or other legal entity commencing proceedings under
this chapter to effect a subdivision of land hereunder for himself
or itself or for another.
The division of a lot, tract or parcel of land into two or
more lots, sites or other divisions of land for the purpose, whether
immediate or future, of sale or building development; except that
the following divisions shall not be considered subdivisions; provided,
however, that no new streets or roads are involved: divisions of land
for agricultural purposes where the resulting parcels are three acres
or larger in size, divisions of property by testamentary or intestate
provisions, or divisions of property upon court order.
A Committee of at least three Land Use Board members, appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter and such other duties
relating to land subdivisions which may be conferred on this Committee
by the Board.
[Amended 1-19-1977 by Ord. No. 3-77]
Any subdivision which complies with all of the following requirements:
All lots created or remaining have the required frontage on
an existing improved, municipal, county or state roadway.
No more than four lots, including the remainder of the original
lot, are created by the subdivision.
No new streets are required to be dedicated.
No extension of public utilities is required.
No construction of previously dedicated streets is required.
Is not in conflict with any Master Plan, Official Map, Zoning
Ordinance or this chapter.
Any portion of the property involved has not been part of another
minor subdivision within two years preceding the pending application,
nor has any portion of the property involved been part of more than
two minor subdivisions during any time period.
In addition, minor subdivisions shall include all resubdivisions
of lots shown on any plat duly approved by the Land Use Board.
All subdivisions not classified as minor subdivisions.
A document signed by the Zoning Officer, which is required
by ordinance as a condition precedent to the commencement of a use
or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building, and acknowledges that
such use, structure or building complies with the provisions of this
chapter or variance therefrom duly authorized by a municipal agency,
pursuant to N.J.S.A. 40:55D-60 or 40:55D-70.
[Added 5-8-1990 by Ord. No. 8-90]
