This chapter shall be known and may be cited as the "Ocean Township
Land Subdivision Ordinance."
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the Township in order to
promote its public health, safety, convenience and general welfare.
It shall be administered to insure orderly growth and development,
conservation, protection and proper use of land and adequate provision
for circulation, utilities and services.
The provisions of this chapter shall be administered by the
Township Planning Board in accordance with N.J.S.A. 40:55D-1 et seq.
As used in this chapter the following terms are defined:
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.
The final map or all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with this chapter.
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.
All subdivisions not classified as minor subdivisions.
A composite of the mapped and written proposals recommending
the physical development of the Township which have been duly adopted
by the Planning Board.
A subdivision of land for the creation of a number of lots
specifically permitted by ordinance as a minor subdivision, provided
that such subdivision does not involve:
A "minor subdivision" shall be any one of the following:
Any subdivision containing not more than four lots all fronting on an existing street, not involving any new street or road or the extension of Township facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan or the Official Map of the Township; and provided that the subdivision does not involve a planned development or extension of any off-tract improvement, the cost of which is to be prorated in accordance with the provisions of N.J.S.A. 40:55D-42. A subdivision can be classified as a minor subdivision, notwithstanding the fact that certain variances may be required if the said variances can be granted by the Ocean Township Planning Board in accordance with N.J.S.A. 40:55D-60(a) and § 209-23F of Chapter 209, Land Use Procedures, of the Code of the Township of Ocean.
Any subdivision of a lot, tract or parcel into two lots for
the sole purpose of merging one of the subdivided lots with an adjoining
lot, tract or parcel provided all the following conditions are complied
with:
The remaining subdivided lot fronts on an existing improved street and conforms to Chapter 410, Zoning, of the Code of the Township of Ocean;
The adjoining lot, tract or parcel fronts on an existing improved
street;
The merging lot, although not required to front on an existing street or conform to the size or area requirements of Chapter 410, Zoning, of the Code of the Township of Ocean, when combined with the adjoining lot forms a single lot, tract or parcel which is not in conflict with Chapter 410, Zoning, of the Code of the Township of Ocean;
The subdivision will not adversely affect the development of
the remainder of the subdivided parcel or the adjoining property and
is not in conflict with any portion of the Master Plan, Official Map
or this chapter;
The newly formed combined lot resulting from the combination
of the merging lot and the adjoining lot is adequately drained.
A map adopted in accordance with the Official Map and Building
Permit Act, N.J.S.A. 40:55D-32, or any prior act authorizing such
adoption. Such map shall be deemed to be conclusive with respect to
the location and width of the streets, public parks and playgrounds,
and drainage parks and playgrounds, and drainage right-of-way shown
thereon.
The holder of recorded title to the lands sought to be subdivided.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Planning Board approves
a plat, including performance bonds, letters of credit, escrow agreements
and other similar collateral or surety agreements which are deemed
satisfactory by the Township Attorney.
The map of a subdivision.
The preliminary map indicating the proposed layout of the
subdivision which is submitted for Planning Board consideration and
tentative approval, and meeting the requirements of this chapter.
The sketch map of a subdivision of sufficient accuracy to
be used for the purpose of discussion and classification and meeting
the requirements of this chapter.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action, or a street or way
on a plat duly filed and recorded in the Office of the County Recording
Officer prior to the appointment of a Planning Board and the grant
to such board of the power to review plats, and includes the land
between the street lines whether improved or unimproved, and may comprise
pavement, shoulders, gutters, sidewalks, parking areas and other areas
within the street lines. For the purpose of this chapter, streets
shall be classified as follows:
Arterial streets are those which are used primarily for fast
or heavy traffic.
Collector streets are 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 development.
Minor streets are those which are used primarily for access
to the abutting properties.
Marginal access streets are streets which are parallel to and
adjacent to arterial streets and highways; and which provide access
to abutting properties and protection from through traffic.
Alleys are minor ways which are used primarily for vehicular
service access to the back or the side of properties otherwise abutting
on a street.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself/herself
or for another.
The division of a lot, tract or parcel of land into two 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 act, if no new streets are created:
Divisions of land found by the Planning Board or subdivision
committee thereof appointed by the chairperson to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order including but not limited
to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and all of which are
found and certified by the administrative officer to conform to the
requirements of the municipal development regulations and are shown
and designated separate lots, tracts or parcels on the Tax Map or
atlas of the municipality. The term "subdivision" shall also include
the term "resubdivision."
The rules, regulations and standards contained in this chapter
shall be considered the minimum requirements for the protection of
the public health, safety and welfare of the citizens of the Township.
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/her agent can clearly demonstrate that, because of peculiar
conditions pertaining to his/her land or its proposed use, the literal
enforcement of one 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.
