Township of Eagleswood, NJ
Ocean County
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Table of Contents
Table of Contents
[Added 3-8-1983 by Ord. No. 2-83]
The provisions of this article shall apply only to the Pinelands Area of Eagleswood Township and shall be considered supplemental to the requirements of the balance of this chapter. No land within the Pinelands Area, as defined herein, shall be subdivided unless all provisions of this chapter shall have been complied with. The requirements of this article shall not apply in those portions of the Township outside of the Pinelands Area.
A. 
The following terms utilized in this article are used as defined in the New Jersey Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-2.11, as amended) adopted by the New Jersey Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act (N.J.S.A. 13:18A et seq.), as amended: agricultural products processing facility; agricultural service establishment; animals, threatened or endangered; application for development; certificate of appropriateness; certificate of filing; commencement of construction; Commission; comprehensive management plan; contiguous lands; development; drainage; dwelling; dwelling unit; electric distribution lines; electric transmission line; erosion; Executive Director; federal act; fish and wildlife management; habitat; historic district; historic resource; hydrophytes; immediate family; impermeable surface; interested person or party; land; landscaping; interim rules and regulations; Pinelands Area; Pinelands Development Review Board; Pinelands Protection Act; plants, threatened or endangered; preservation area; protection area; public service infrastructure; standard subsurface sewage disposal system; submerged land; utility distribution line; vegetation; wetlands (N.J.A.C. 7:50-6.3-6.5); and wetlands soils.
[Amended 4-11-1989 by Ord. No. 6-89]
B. 
As used in this article, the following terms shall be defined as indicated:
DEVELOPMENT, MAJOR
Any construction or expansion of any housing development of five or more dwelling units; or any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.
[Added 4-11-1989 by Ord. No. 6-89]
DEVELOPMENT, MINOR
All development other than that requiring a major site plan.
[Added 4-11-1989 by Ord. No. 6-89]
FORESTRY
The planting, cultivating and harvesting of trees for the production of wood products, including firewood or for forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including but not limited to artificial regeneration, bedding, broadcast scarification, clearcutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this chapter, the following activities shall not be defined as forestry:
[Amended 4-11-1989 by Ord. No. 6-89; 6-19-1997 by Ord. No. 10-97; 12-28-2011 by Ord. No. 2011-07]
(1) 
Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;
(2) 
Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
(3) 
Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;
(4) 
Removal of trees necessary for the maintenance of utility or public rights-of-way;
(5) 
Removal or planting of trees for the personal use of the parcel owner; and
(6) 
Removal of trees for public safety.
PINELANDS AREA
That area of Eagleswood Township designated as part of the Pinelands Area, pursuant to Section 10(a) of the New Jersey Pinelands Protection Act (N.J.S.A. 13:18A et seq.), such lands being all that portion of the Township lying west of the Garden State Parkway right-of-way.
SEASONAL HIGH-WATER TABLE
The level below the natural ground surface to which water seasonally rises in the soil in most years.
A. 
Certificate of filing required for completeness. In addition to the requirements for a complete application of § 285-10A, in the case of a minor subdivision, and § 285-20B, in the case of final major subdivision approval, no application for subdivision approval within the Pinelands Area shall be deemed complete unless a certificate of filing issued by the Executive Director of the Pinelands Commission has been received by the approving authority.
B. 
Notice of appeal or significant change in application. Within seven days following an appeal to the governing body of the approving authority's decision on any application for subdivision approval, or any significant change to an application for subdivision approval that was previously filed, the applicant shall give notice to the Commission. Proof of provision of such notice (duplicate copy) shall be submitted to the approving authority. Such notice shall contain as a minimum the following information:
(1) 
The name and address of the applicant;
(2) 
The block and lot designation(s) and street address, if any, of the property which the applicant proposes to develop;
(3) 
A brief description of the proposed development, including uses and intensity of uses proposed;
(4) 
The docket number of the certificate of filing issued by the Executive Director and the date on which it was issued;
(5) 
The date on which the application, or change thereto, was filed and any docket or other identifying number assigned to such application by the local approving authority;
(6) 
The local approving authority with which the application or change thereto was filed;
(7) 
The content of any change made to any such application since it was filed with the Commission;
(8) 
The nature of the local approval or approvals being sought;
(9) 
The reason(s) for and/or circumstances regarding the appeal of the local approving authority's decision (if applicable); and
(10) 
Any written reports or comments received by the approval agency on the application for development which have not been previously submitted to the Commission.
[Added 4-11-1989 by Ord. No. 6-89]
C. 
Notice of hearings and meetings. Notice of any hearing, public meeting or other formal proceeding at which any subdivision application within the Pinelands Area is to be considered shall be given by the applicant to the Commission not less than five days prior to such hearing, meeting or proceeding. Proof of provision of such notice shall be submitted to the approving authority. Such notice shall contain as a minimum the following information:
(1) 
The name and address of the applicant;
(2) 
The docket number of the certificate of filing issued by the Executive Director and the date on which it was issued;
(3) 
The date, time and location of the meeting, hearing or other formal proceeding;
(4) 
The name of the local approving authority or representative thereof which will be conducting the meeting, hearing or other formal proceeding;
(5) 
The purpose for which the meeting, hearing or other formal proceeding is to be held; and
(6) 
Any written reports or comments received by the approval agency on the application for development which have not been previously submitted to the Commission.
[Added 4-11-1989 by Ord. No. 6-89]
D. 
Notice of preliminary approval. Notice of any grant of preliminary subdivision approval for any application within the Pinelands Area shall be given by the applicant to the Commission, by certified mail, within five days following the granting of such approval. Such notice shall contain as a minimum the following information:
(1) 
The name and address of the applicant;
(2) 
The lot and block description and street address, if any, of the property which the applicant proposes to develop;
(3) 
The docket number of the certificate of filing issued by the Executive Director and the date on which it was issued;
(4) 
The date on which the preliminary approval was granted;
(5) 
A copy of the preliminary approval which was granted;
(6) 
Any written reports or comments received concerning the application for development not previously submitted;
[Added 4-11-1989 by Ord. No. 6-89]
(7) 
Any revisions to the application not previously submitted to the Commission;
[Added 4-11-1989 by Ord. No. 6-89]
(8) 
A copy of the resolution, permit or other documentation of the approval or denial which was granted; and
[Added 4-11-1989 by Ord. No. 6-89]
(9) 
The names and addresses of all persons who actively participated in the proceedings.
[Added 4-11-1989 by Ord. No. 6-89]
E. 
Notice of final determination. Notice of approval of an application for a minor subdivision or final major subdivision shall be given by the applicant to the Commission, by certified mail, within five days following such approval. A copy of such notice shall be filed with the approving authority. Such notice shall contain as a minimum the following information:
(1) 
The name and address of the applicant;
(2) 
The legal description and street address, if any, of the property which the applicant proposes to subdivide;
(3) 
The docket number of the certificate of filing issued by the Executive Director and the date on which it was issued;
(4) 
A print of the subdivision plat approved;
(5) 
A copy of the resolution of approval of the approving authority, or in lieu thereof, a list of any conditions of approval of the application;
(6) 
Any written reports or comments received by the approving authority on the application for development which have not been previously submitted to the Commission;
(7) 
The date on which the approval agency's approval or denial was issued;
[Added 4-11-1989 by Ord. No. 6-89]
(8) 
Any revisions to the application not previously submitted to the Commission; and
[Added 4-11-1989 by Ord. No. 6-89]
(9) 
The names and addresses of all persons who actively participated in the proceedings.
[Added 4-11-1989 by Ord. No. 6-89]
F. 
Failure to act.
(1) 
No zoning or building permit shall be issued until the requirements of N.J.A.C. 7:50-4.30 to 7:50-4.33 are met.
(2) 
The approving authority's failure to act on an application within the prescribed time period shall not relieve the applicant of the requirement to comply with N.J.A.C. 7:50-4.30- to 7:50-4.33.
[Amended 4-11-1989 by Ord. No. 6-89]
A. 
Review by Pinelands Commission.
(1) 
Upon receipt by the Pinelands Commission of the notice of approval pursuant to § 285-40 above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through 7:50-4.42. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
(2) 
Until January 14, 1991, approvals issued by the Pinelands Development Review Board of the Pinelands Commission under the Interim Rules and Regulations shall serve as the basis for Pinelands Commission review of the local approval under this section.
(3) 
Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.
B. 
Condition on prior approvals by Township. Where a prior approval has been granted by the Township, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:
(1) 
Notification is received from the Pinelands Commission that review of the Township's approval is not required; or
(2) 
Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 7:50-4.42, and a final order regarding the approval is received by the Township from the Pinelands Commission.
C. 
If the Pinelands Commission disapproves an application for development previously approved by an approving authority, such approval shall be revoked by the approving authority within 30 days, and the agency shall thereafter deny approval of the application. If the Commission approves the decision of an approving authority subject to conditions, the approving authority which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission and, if final approval of the application is required, shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.
D. 
Participation of Pinelands Commission in public hearings. The Pinelands Commission may participate in a hearing held in the Township involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.26.
[Amended 4-11-1989 by Ord. No. 6-89]
A. 
Minor subdivisions. Any application for approval of a minor subdivision shall include at least the following information:
(1) 
The applicant's name and address and his interest in the subject property;
(2) 
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
(3) 
The legal description, including block and lot designation and street address, if any, of the subject property;
(4) 
A description of all existing uses of the subject property;
(5) 
A brief written statement generally describing the proposed development;
(6) 
A USGS Quadrangle map, or copy thereof, and a copy of the municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands management area designation and the zoning designations are shown;
(7) 
A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:
(a) 
On-site treatment facilities. Location, size, type and capacity of any proposed on-site wastewater treatment facilities; and
(b) 
Soil borings and percolation tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 295-71F in the zoning chapter.
(8) 
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads;
(9) 
A soils map including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Natural Resources Conservation Service, showing the location of all proposed development;
(10) 
A map showing existing vegetation, identifying predominant vegetation types in the area, and showing proposed landscaping of the subject property, including the location of the treeline before and after development and all areas to be disturbed as a result of the proposed development;
(11) 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and
(12) 
When prior approval for the development has been granted by the Township of Eagleswood, evidence of Pinelands Commission review pursuant to § 285-41.
B. 
Major subdivisions. Any application for approval of a major subdivision shall include at least the following information:
(1) 
The applicant's name and address and his interest in the subject property;
(2) 
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
(3) 
The legal description, including block and lot designation and street address, if any, of the subject property;
(4) 
A description of all existing uses of the subject property;
(5) 
A brief written statement generally describing the proposed development, the number of total units; and the floor area of all units to be included in the proposed development;
[Amended 6-19-1997 by Ord. No. 10-97]
(6) 
A written statement addressing each of the standards or guidelines set forth in Subchapters 5 and 6 of this Plan[1], and stating specifically how the proposed development meets each such standard or guideline;
[1]
Editor's Note: See N.J.A.C. 7:50-5.1 et seq. and 7:50-6.1 et seq.
(7) 
A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed wastewater treatment facilities:
(a) 
Sanitary sewer distribution. Location, size and direction of flow of all existing and proposed sanitary sewer lines and pumping stations serving the proposed development and all existing and proposed connections to existing facilities;
(b) 
On-site treatment facilities. Location, size, type and capacity of any proposed on-site wastewater treatment facilities, including, except with respect to discharges into an individual residential septic system, quantities, composition, proposed pretreatment and ultimate means of disposal;
(c) 
Soil borings and percolation tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with the requirements of N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted with a tract map showing the location, logs and elevations of all test holes, indicating where groundwater was encountered, and estimating the seasonal high-water table; and
(d) 
The proposed hours and days of operation and number of employees of any nonresidential facility.
(8) 
A project site base map, at a scale of no less than one inch to 200 feet, and including the areas extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines; the boundary of the proposed development; owners of holdings, if any, adjoining and adjacent to the subject property; existing facilities, buildings and structures on the site; all proposed development; wetlands, streams (including intermittent streams), rivers, lakes and other water bodies; and existing roads;
(9) 
A soils map including a county soil survey in conformance with the guidelines of the United States Department of Agriculture Natural Resources Conservation Service, at the same size and scale as the project site base map, delineating all soil series at an appropriate level of detail and, in sewered projects, sufficient soil borings to confirm the accuracy of the soils map;
(10) 
A slope map, at the same size and scale as the project site base map, indicating contour elevations at two-foot intervals;
(11) 
A resource capability map, at the same size and scale as the project site base map, indicating the cumulative limitations to development due to the standards and the guidelines contained in the Plan. This map should be prepared prior to any engineering, site layout or design work;
(12) 
A proposed development map, at the same size and scale as the project site base map, showing areas of proposed development; the location of surveyor's tape or other markers placed on the site delineating the boundaries of the property; the number of residential lots and other type of development in each general area; all proposed lot lines; areas proposed to be retained as open space; the applicable land use area boundaries; the location of proposed facilities such as dams and impoundments, public or private water systems, storm drainage systems, public or private sewerage systems, public utilities, soil erosion and sedimentation control devices, industrial wastewater discharges and solid waste disposal areas; sources of air pollution; the proposed primary road network; all areas to be disturbed by construction activities; existing vegetation, identifying the predominant vegetation types in the area; and all vegetation which is to be removed or disturbed as a result of the proposed development, and the treeline before and after development;
(13) 
A map at the same size and scale as the project site base map, showing stormwater drainage patterns and calculations and the applicant's proposed stormwater runoff management plan, which shall contain results of all percolation tests and soil borings performed in each recharge area, including the estimated seasonal high-water table;
(14) 
Legal instruments evidencing the applicant's right, title and interest in any Pinelands development credits and any existing or proposed deed restrictions or easements relating to the subject parcel;
(15) 
A landscaping schedule and plan on a map, of the same size and scale as the project site base map, identifying the species of plants to be installed and the quantity and location of all plants proposed to be planted, demonstrating that the landscaping will be carried out within six months of the completion of construction and demonstrating that the landscaping will stabilize soils. Landscaping plans shall incorporate the elements set forth in § 295-71B(4) of the zoning chapter of the Township Code;
[Amended 6-19-1997 by Ord. No. 10-97]
(16) 
All public service infrastructure agreements, or other documentation, evidencing the availability of electric, gas, water, sewer and other necessary public service infrastructure;
(17) 
The cultural resources survey described in § 295-71J of the zoning chapter of the Township Code;
(18) 
A list of all permits required for the proposed development from county, municipal, state and federal agencies;
(19) 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and
(20) 
When prior approval for the development has been granted by the Township of Eagleswood, evidence of Pinelands Commission review pursuant to § 285-41.
All subdivisions in the Pinelands Area of the Township shall comply with the standards and programs set forth in Chapter 295, Zoning, Article XI, § 295-71 of the Eagleswood Code.
A. 
The procedures and standards established by this article and the Pinelands Comprehensive Management Plan and applicable to all subdivisions within the Pinelands Area shall be in effect and enforceable unless a waiver of strict compliance shall have been obtained from the Pinelands Commission, in accordance with the provisions of N.J.A.C. 7:50-4.55.
B. 
A duplicate copy of any application for waiver of strict compliance filed with the Pinelands Commission shall be submitted to the Township Clerk by the applicant within five days of filing with the Commission.
C. 
The applicant shall provide a copy of the Executive Director's written notification of decision on any application for waiver of strict compliance within 10 days of such decision.
All development proposed by the Township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.41 et seq., and all the standards set forth in Chapter 295, Zoning, Article XI, § 295-71, of the Eagleswood Code.
In amending this article, the Township's Master Plan or any other ordinance regulating the use of land, the Township shall comply with all the requirements of N.J.A.C. 7:50-3.45.