Township of Toms River, NJ
Ocean County
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[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Dover (now Toms River) 4-11-1978 by Ord. No. 1734.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Historic Preservation Commission — See Ch. 71, § 71-1C.
Official Map — See Ch. 129.
Animals and animal establishments — See Ch. 165.
Location of secondhand building material, lumber and plumbing supply yards — See Ch. 213.
Temporary buildings for public assemblages — See Ch. 217.
Uniform construction codes — See Ch. 252.
Driveway access and curbs for commercial properties — See Ch. 264.
Drug-free zones — See Ch. 269.
Design and appearance of dwellings — See Ch. 273.
Fences, plantings and walls — See Ch. 291.
Fire prevention and protection — See Ch. 308.
Outdoor food stands and restaurants — See Ch. 316.
Junkyards and salvage yards — See Ch. 344.
Massage parlors — See Ch. 357.
Mobile home parks — See Ch. 363.
Sewers — See Ch. 421.
Signs — See Ch. 427.
Trees — See Ch. 471.
Waterway control — See Ch. 501.
Retail food-handling establishments — See Ch. 534.
Sewerage connections — See Ch. 572.
Water supplies — See Ch. 589.
348a Figure 9 348b Recommended and Preferred Trees Species for Woodland Mitigation and Landscape Plans
[1]:
Editor's Note: Ord. No. 4168-08, adopted 12-9-2008, repealed Part II of the Code of the Township of Toms River, with the exception of this Chapter 348, which was readopted in its entirety.

§ 348-1 ARTICLE I: Title and Purpose.

§ 348-1.1 Title.

§ 348-1.2 Short title.

§ 348-1.3 Purpose.

§ 348-2 ARTICLE II: Definitions.

§ 348-2.1 Statutory definitions.

§ 348-2.2 Word usage.

§ 348-2.3 Terms defined.

§ 348-3 ARTICLE III: Administrative Procedures.

§ 348-3.1 Planning Board.

§ 348-3.2 Zoning Board of Adjustment.

§ 348-3.3 Provisions applicable to both Planning Board and Zoning Board of Adjustment.

§ 348-3.4 Fees.

§ 348-3.5 Site Plan Review Advisory Board.

§ 348-3.6 Enforcement.

§ 348-3.7 Certificates and permits.

§ 348-3.8 Records.

§ 348-3.9 Interpretation.

§ 348-3.10 Conflict with other laws; repealer.

§ 348-3.11 Violations and penalties.

§ 348-3.12 Amendments.

§ 348-3.13 Severability.

§ 348-3.14 Effect on pending and new applications.

§ 348-3.15 Copy to be filed with County Planning Board.

§ 348-3.16 Pinelands Area development procedures.

§ 348-4 ARTICLE IV: Nonconforming Uses, Lots and Buildings

§ 348-4.1 Continuance of nonconforming uses and structures.

§ 348-4.2 Abandonment.

§ 348-4.3 Certification of nonconforming use or structure.

§ 348-4.4 Restoration and repair.

§ 348-4.5 Nonconforming use; expansion.

§ 348-4.6 Nonconforming structures; expansion.

§ 348-4.7 Nonconforming lots.

§ 348-4.8 Reversion of nonconforming use.

§ 348-4.9 Prior approved construction.

§ 348-4.10 District boundary changes.

§ 348-5 ARTICLE V: General Provisions.

§ 348-5.1 Provisions of other ordinances.

§ 348-5.2 Application of regulations.

§ 348-5.3 Lot depth.

§ 348-5.4 Frontage on improved street.

§ 348-5.5 Yard areas.

§ 348-5.5.1 *Decks.

§ 348-5.6 Corner lots.

§ 348-5.7 *Sight triangles at intersections.

§ 348-5.8 *Location of accessory buildings.

§ 348-5.9 *Number of principal buildings.

§ 348-5.10 Nonapplicability to underground services.

§ 348-5.11 Contiguous lot ownership.

§ 348-5.12 *Height limitations.

§ 348-5.13 Preservation of natural features.

§ 348-5.14 Riparian grants.

§ 348-5.15 Easements.

§ 348-5.16 Solid waste storage for single- and two-family homes.

§ 348-5.17 Solid waste disposal.

§ 348-5.18 Outdoor storage of materials.

§ 348-5.19 *Minimum lot area for water and sewer requirements.

§ 348-5.20 Outdoor display of goods.

§ 348-5.21 Appearance of single- and two-family dwellings.

§ 348-5.22 Appearance of nonresidential buildings.

§ 348-5.23 Storage of boats and travel trailers.

§ 348-5.24 Animals.

§ 348-5.25 Farms; sale of produce; gardens.

§ 348-5.25.1 Right to farm.

§ 348-5.26 Storage of commercial vehicles.

§ 348-5.27 Tidal wetlands permit.

§ 348-5.28 Municipal wetlands permit.

§ 348-5.29 *Noncommercial radio and television antennas.

§ 348-5.30 Floodplain management.

§ 348-5.31 Performance standards.

§ 348-5.32 Property maintenance.

§ 348-5.33 Shopping cart corrals.

§ 348-5.34 *Dimensions of residential structures.

§ 348-5.35 Appearance of residential structures.

§ 348-5.36 Child-care centers.

§ 348-5.37 Automotive facilities.

§ 348-5.38 Hotels and motels.

§ 348-5.39 Quasi-public, private club and commercial recreation areas.

§ 348-5.40 Groundwater remedial action activities.

§ 348-5.41 *Residential construction near power lines.

§ 348-5.42 Residential development connecting links.

§ 348-5.43 Development roadways, driveways and other forms of ingress and egress.

§ 348-5.44 Ingress/egress from multifamily housing projects.

§ 348-6 ARTICLE VI: Development Applications; Procedures and Plat Details.

§ 348-6.1 Approval required.

§ 348-6.2 Application for development permit; when required.

§ 348-6.3 Preliminary discussion.

§ 348-6.4 Applications for development; procedure.

§ 348-6.5 Minor subdivisions.

§ 348-6.6 Minor site plans.

§ 348-6.7 Sketch plat of major subdivision.

§ 348-6.8 Sketch plat of major site plan.

§ 348-6.9 Preliminary plat of major subdivision.

§ 348-6.10 Preliminary plat of major site plan.

§ 348-6.11 Final plat of major subdivision.

§ 348-6.12 Final plat of major site plan.

§ 348-6.13 Exempt development.

§ 348-6.14 Recreation area dedication.

§ 348-7 ARTICLE VII: Guaranties and Improvement Procedures.

§ 348-7.1 Performance guaranty.

§ 348-7.2 Approval of performance guaranties.

§ 348-7.2.1 Accelerated approval procedure.

§ 348-7.3 Off-tract improvements.

§ 348-7.4 Assignment of interest.

§ 348-7.5 Supervision.

§ 348-7.6 Inspection requirements.

§ 348-7.7 Site maintenance during construction.

§ 348-7.8 Improvements required prior to issuance of certificate of occupancy.

§ 348-7.9 Maintenance guaranty.

§ 348-8 ARTICLE VIII: Design Standards and Improvement Specifications.

§ 348-8.1 General improvement standards.

§ 348-8.2 General design standards.

§ 348-8.3 Blocks.

§ 348-8.4 Buffer areas, screening, landscaping and shade trees.

§ 348-8.5 Bulkheading.

§ 348-8.6 Bulk storage.

§ 348-8.7 Clearing and grading.

§ 348-8.8 Commercial or private club swimming pools.

§ 348-8.9 Common open spaces and public open spaces.

§ 348-8.10 Concrete requirements.

§ 348-8.11 Curbs or curbs and gutters.

§ 348-8.12 Easements.

§ 348-8.13 Fences.

§ 348-8.14 Fire hydrants.

§ 348-8.15 Guardrails.

§ 348-8.16 Lots.

§ 348-8.17 Monuments.

§ 348-8.18 Multifamily dwellings.

§ 348-8.19 Off-street loading.

§ 348-8.20 Off-street parking.

§ 348-8.21 Private swimming pools.

§ 348-8.22 Roadway construction.

§ 348-8.23 Screening of equipment or machinery.

§ 348-8.24 Sewage disposal.

§ 348-8.25 Sidewalks and aprons.

§ 348-8.26 Signs.

§ 348-8.27 Solid waste storage.

§ 348-8.28 Storm drainage facilities.

§ 348-8.28.1 Stormwater management control.

§ 348-8.28.2 Private storm drain inlet retrofitting.

§ 348-8.29 Street design.

§ 348-8.30 Streetlighting.

§ 348-8.31 Street signs.

§ 348-8.32 Traffic control devices.

§ 348-8.33 Utility installations.

§ 348-8.34 Public water supply regulations.

§ 348-8.35 (Reserved)

§ 348-8.36 Umbrellas.

§ 348-8.37 Tents.

§ 348-8.38 Handicapped facilities.

§ 348-8.39 Dwelling units in mixed-use buildings.

§ 348-8.40 Townhouse dwellings.

§ 348-8.41 Outdoor cafes.

§ 348-9 ARTICLE IX: Conditional Uses.

§ 348-9.1 Guiding principles and general provisions.

§ 348-9.2 Multifamily dwellings.

§ 348-9.3 Motor vehicle service stations.

§ 348-9.4 (Reserved)

§ 348-9.5 Churches and places of worship.

§ 348-9.6 Public utilities.

§ 348-9.7 Nursery schools and day nurseries.

§ 348-9.8 Health care facilities.

§ 348-9.9 Cemeteries.

§ 348-9.10 Boatyards and/or marinas.

§ 348-9.11 Home professional office.

§ 348-9.12 Home occupation.

§ 348-9.13 Boardinghouses and/or rooming houses.

§ 348-9.14 (Reserved)

§ 348-9.15 Hotels and motels.

§ 348-9.16 Shopping centers.

§ 348-9.17 Veterinary clinics or hospitals or animal care facilities.

§ 348-9.18 Quasi-public and private club recreation areas.

§ 348-9.19 Commercial recreation activities.

§ 348-9.20 Farmers' markets or auction markets.

§ 348-9.21 Retail and office uses.

§ 348-9.22 Administrative offices and research laboratories.

§ 348-9.23 Billboards.

§ 348-9.24 (Reserved)

§ 348-9.25 Single-family attached dwellings.

§ 348-9.26 Planned residential retirement developments.

§ 348-9.27 Continuing-care retirement communities.

§ 348-9.28 Community shelters for victims of domestic violence.

§ 348-9.29 Long-term residential health care facilities.

§ 348-9.30 Bed-and-breakfast establishments.

§ 348-9.31 Personal wireless telecommunications facilities.

§ 348-10 ARTICLE X: Zoning District Regulations.

§ 348-10.1 List of zones.

§ 348-10.2 Zoning Map.

§ 348-10.2.1 Zone boundaries.

§ 348-10.3 R/C-3 Conservation Residential Zone.

§ 348-10.4 R-800 Residential Zone.

§ 348-10.5 Rural Residential Zone.

§ 348-10.6 R-400 Residential Zone.

§ 348-10.7 R-400C Conservation Residential Zone.

§ 348-10.8 R-200 Residential Zone.

§ 348-10.9 R-150 Residential Zone.

§ 348-10.10 R-120 Residential Zone.

§ 348-10.11 R-100 Residential Zone.

§ 348-10.12 R-90 Residential Zone.

§ 348-10.13 R-75 Residential Zone.

§ 348-10.14 R-50 Residential Zone.

§ 348-10.15 R-40A Residential Zone.

§ 348-10.16 R-40B Residential Zone.

§ 348-10.17 MF-6 Multifamily Zone.

§ 348-10.17.1 EMF-10 Existing Multifamily Zone.

§ 348-10.17.2 EMF-18 Existing Multifamily Zone.

§ 348-10.17.3 MF-10-AH Multifamily Affordable Housing Zone.

§ 348-10.17.4 MF-4 Multifamily Zone.

§ 348-10.17.5 MF-12-AH Multifamily Affordable Housing Zone.

§ 348-10.18 MF-16 Multifamily Zone.

§ 348-10.18.1 MF-8 Multifamily Zone.

§ 348-10.18.2 MF-10 Multifamily Zone.

§ 348-10.18.3 O-10C Office Zone.

§ 348-10.19 O-10 Office Zone.

§ 348-10.20 O-15 Office Zone.

§ 348-10.21 VO Village Office Zone.

§ 348-10.22 VB Village Business Zone.

§ 348-10.23 VS Village Seaport Zone.

§ 348-10.24 DS Downtown Service Zone.

§ 348-10.25 RC Regional Commercial Zone.

§ 348-10.26 HB Highway Business Zone.

§ 348-10.27 RHB Rural Highway Business Zone.

§ 348-10.28 GB General Business Zone.

§ 348-10.29 (Reserved)

§ 348-10.30 LI Light Industrial Zone.

§ 348-10.31 I Industrial Zone.

§ 348-10.32 HMS Hospital-Medical Service Zone.

§ 348-10.33 PRC Planned Retirement Community Zone.

§ 348-10.34 PRC-3 Planned Retirement Community Zone.

§ 348-10.34.1 PRC-4 Planned Retirement Community Zone.

§ 348-10.35 MHP Mobile Home Parks Zone.

§ 348-10.36 SC-AH-1 Senior Citizen Affordable Housing - 1 Zone.

§ 348-10.37 SC-AH-2 Senior Citizen Affordable Housing - 2 Zone.

§ 348-10.38 (Reserved)

§ 348-11 ARTICLE XI: Affordable Housing Provisions.

§ 348-11.1 Purpose and definitions.

§ 348-11.2 Affordable housing sites.

§ 348-11.3 Low- and moderate-income housing requirements.

§ 348-11.4 Affordable accessory apartments.

§ 348-11.5 Administration of affordable housing program.

§ 348-11.6 Affirmative marketing.

§ 348-11.7 Affordable Housing Trust Fund.

§ 348-11.8 Rehabilitated dwelling units.

§ 348-11.9 Development fees to fund affordable housing.

§ 348-11.10 Uniform affordable housing production based upon growth share.

§ 348-12 ARTICLE XII, Woodlands Management.

§ 348-12.1 Statement.

§ 348-12.2 Short title.

§ 348-12.3 Definitions.

§ 348-12.4 Exempted activities.

§ 348-12.5 Conditionally exempt properties or activities.

§ 348-12.6 Protection of trees.

§ 348-12.7 Requirements and procedures for obtaining tree removal permit and tree management plan for nonexempt properties or activities.

§ 348-12.8 Tree removal permits and tree management plans.

§ 348-12.9 Tree replacement requirements.

§ 348-12.10 Tree pruning adjacent to or within Township right-of-way.

§ 348-12.11 Clear cutting.

§ 348-12.12 Silviculture.

§ 348-12.13 Emergency tree removal.

§ 348-12.14 Fees.

§ 348-12.15 Performance guarantees for planting, replacement and/or removal of trees.

§ 348-12.16 Violations and penalties.

§ 348-12.17 Revocation of permit.

§ 348-12.18 Appeal procedure; fee.

§ 348-1 ARTICLE I: Title and Purpose.

§ 348-1.1 Title.

The title of this chapter is "An Ordinance Establishing a Planning Board and a Zoning Board of Adjustment Pursuant to the Provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.); Providing for the Powers and Duties of Said Boards; Fixing Procedures Governing Applications to Said Boards, Review and Action on Such Applications and Appeals Therefrom; and Providing for the Adoption of Development Regulations."

§ 348-1.2 Short title.

This chapter shall hereafter be cited or referred to, for purposes of amendment or otherwise, as "Chapter 348, Land Use and Development Regulations, of the Code of the Township of Toms River, County of Ocean, New Jersey."

§ 348-1.3 Purpose.

The purposes of this chapter are to establish a pattern for the uses of land and of buildings and structures thereon based on the land use element of the Master Plan, as adopted and as may be amended from time to time, to effectuate the Master Plan and to encourage municipal action to guide the appropriate and orderly development of land in a manner which will promote the public health, safety, morals and general welfare of the people. This chapter is intended to regulate the use of land within zoning districts; prohibit incompatible uses; secure safety from fire, flood, panic and other natural and man-made disasters; provide adequate light, air and open space; limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of their use; regulate the nature, intensity and extent of the use of land for trade, industry, residence, open space or other purposes; regulate the bulk, height, number of stories and size of buildings and other structures; avoid conflict with the development and general welfare of neighboring municipalities, the county and the state; establish appropriate population densities and concentrations contributing to the well-being of persons, neighborhoods, communities and the region and the preservation of the environment; provide sufficient space for agricultural, residential, recreational, commercial and industrial uses and open space; encourage the location and design of transportation routes which will promote the free flow of traffic; promote a desirable visual environment; promote the conservation of open space and valuable and sensitive natural resources; prevent encroachment of unsuitable uses and buildings into floodplain areas and areas subject to high-water tables; prevent degradation of the environment through improper use of land; and conserve the taxable and economic value of lands.

§ 348-2 ARTICLE II: Definitions.

§ 348-2.1 Statutory definitions.

[Amended 1-26-1988 by Ord. No. 2539-88]
Whenever a term which is defined in P.L. 1975, c. 291,[1] and/or the New Jersey State Uniform Construction Code[2] or which is defined in P.L. 1985, c. 222,[3] and/or the Procedural Rules of the New Jersey Council on Affordable Housing is used in this article, such term is intended to include and have the meaning set forth in the definition of such term found in said statute and rules, in addition to the definition for such term which may be included in § 348-2.2 of this article, unless the context clearly indicates a different meaning.
[1]:
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]:
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
[3]:
Editor's Note: See N.J.S.A. 40:55D-28, 40:55D-62 and 52:27D-329.

§ 348-2.2 Word usage.

For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
A. 
Words used in the present tense include the future; the singular number includes the plural and the plural, the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "zone" includes the word "district"; the word "occupied" includes the word "designed" and the phrase "intended to be occupied"; the word "use" includes the words "arranged" and "designed" and the phrase "intended to be used"; and the word "shall" is mandatory and not directory; and the word "abut" shall include the words "directly across from," "adjacent" and "next to."
B. 
The term "such as," where used herein, shall be considered as introducing typical or illustrative, rather than an entirely exclusive or inclusive designation of, permitted or prohibited uses, activities, establishments or structures.

§ 348-2.3 Terms defined.

Certain words, phrases and terms in this chapter are defined for the purpose herein as follows:
ACCESSORY USE OR BUILDING
A subordinate use or building, the purpose of which is incidental to that of a main use or building on the same lot except that any initial structure constructed upon a parcel of land or a building containing living space shall never be considered an "accessory building."
[Amended 2-22-1995 by Ord. No. 3084-95]
ADMINISTRATIVE OFFICER
The Planning Board Administrator for matters under the jurisdiction of the Planning Board; the Zoning Officer for matters under the jurisdiction of the Zoning Board of Adjustment and the Township Clerk for matters under the jurisdiction of the governing body.
ADULT-CARE CENTER
A nonresidential facility maintained for the care, development and/or supervision of persons age 18 or older.
[Added 9-24-1996 by Ord. No. 3196-96]
AGE-RESTRICTED MULTIFAMILY RESIDENTIAL DEVELOPMENT
A multifamily residential development created to provide housing opportunities for low- and moderate-income senior citizens. At least one member of the household which qualifies for the low- or moderate-income status must be at least 55 years of age or older.
[Added 2-13-2002 by Ord. No. 3665-02]
ALTERATIONS
As applied to a building or structure, a change or rearrangement in the structural supports; or a change in the exterior appearance; or a change in height, width or depth; or moving a building or structure from one location or position to another; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure.
ALTERNATIVE LIVING ARRANGEMENT
A structure in which households live in distinct rooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangement for the purpose of this chapter shall be limited to residential health-care facilities as regulated by the New Jersey Department of Health, group homes for the developmentally disabled and mentally ill as licensed and regulated by the New Jersey Department of Human Services, and congregate living arrangements.
[Added 2-13-2002 by Ord. No. 3665-02]
ANIMAL CARE FACILITY
Veterinary clinics, hospitals, boarding and training kennels, pounds and similar facilities operated either as commercial facilities or on a nonprofit or philanthropic basis. Commercial animal grooming businesses shall not be considered "animal care facilities."
[Amended 2-22-1995 by Ord. No. 3084-95]
ANIMATED SIGN
A sign which utilizes motion of any part by mechanical means or displays flashing, oscillatory or intermittent lights or appears to move due to movement of the viewer.
APARTMENT
The same as "dwelling unit."
APARTMENT HOUSE
The same as "dwelling, multiple."
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
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 Section 25 or Section 27 of P.L. 1975, c. 291.
AUCTION MARKET
Any premises on which are held, at periodic times, auction sales of merchandise or any other personal property.
AUTOMOBILE REPAIR SHOP
The same as "motor vehicle repair garage."
AUTOMOBILE SALES AGENCY
A place of business where the primary purpose is the sale of new motor vehicles, having a building with either showrooms, office space, repair and/or maintenance facilities, with or without a used car lot on the same business premises or immediately adjacent thereto.
AUTOMOBILE SERVICE STATION
The same as "motor vehicle service station."
BANNER
A sign having characters, letters or illustrations applied to cloth, paper or fabric of any kind, with only such material for backdrop.
BASE FLOOD ELEVATION
The elevation, based on mean sea level, of a flood that has a one-percent or greater chance of occurrence in any given year as established by the Federal Insurance Administration of the Department of Housing and Urban Development and as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration.
BASEMENT
A story partly underground and having more than 1/2 of its height above the average level of the finished grade at the front of the building.
BILLBOARD
A structure utilized for advertising an establishment, an activity, a product, a service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the said sign is located.
BOARDING- OR LODGING HOUSE
Any dwelling for hire in which more than two persons are housed or lodged, with or without meals.
BOARD OF ADJUSTMENT
The Board established pursuant to Section 56 of P.L. 1975, c. 291.[1] The term "Board of Adjustment" as used in this chapter also means the Planning Board when it is acting pursuant to Section 47 of P.L. 1975, c. 291.[2]
BOARD OF ADJUSTMENT ENGINEER
The licensed New Jersey professional engineer specifically retained by the Board of Adjustment, or assigned by the Township Engineer with the consent of the Board, to render engineering services and advice to the Board. In the absence of the specific appointment of a Board of Adjustment Engineer, the Township Engineer may assume the duties of the office.
BOATYARD
Any waterfront facility where docking accommodations and/or land-dry-storage accommodations for any watercraft, such as powerboats, sailboats or rowboats, are offered on a rental basis and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A boatyard shall be deemed to include all auxiliary and accessory services as chandlery, gasoline sales and rental business activities related to the primary use.
BOX SIGN
A sign, the face of which is enclosed with a box-like structure.
BUILDABLE AREA
That central portion of any lot between required yards and/or setback lines.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
[Amended 5-28-2013 by Ord. No. 4403-13]
BUILDING AREA
The total of all areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces, decks, landings, or steps.
[Amended 5-28-2013 by Ord. No. 4403-13]
BUILDING HEIGHT
In non-flood zones, the vertical distance measured from the average elevation of the finished grade at all corners of the building to the highest point of the roof for flat roofs; to the mean height level (between the eaves and the ridge) for gable and hipped roofs; and to the deckline for mansard roofs. In flood zones, as established by the appropriate federal or state agency, the vertical distance from the one-hundred-year base FLood elevation to the same roof points.
[Amended 5-14-2013 by Ord. No. 4402-13]
BUILDING LINE (SETBACK LINE)
The line beyond which a building shall not extend unless otherwise provided in this chapter.
BUILDING PERMIT
A permit issued for the alteration or erection of a building or structure in accordance with the provisions of Chapter 252, Construction Codes, Uniform, of the Code of the Township of Toms River.
BUILDING, PRINCIPAL
A structure in which is conducted the principal use of the site on which it is situated. In any district, any dwelling shall be deemed to be a principal building on the lot on which it is located.
BULK STORAGE
The stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including but not limited to sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete and insulation.
BUSINESS OFFICE
A business establishment, including but not limited to offices of insurance agents, real estate brokers or travel agents, which does not offer a product or merchandise for sale to the public but which offers a service to the public. However, personal services, such as barber, and repair services, such as radio and television repair shops, are not to be included within the definition of "business office."
[Amended 6-13-1990 by Ord. No. 2748-90]
CAPITAL IMPROVEMENT
A governmental acquisition of real property or a major construction project.
CARPORT
A covering or roof to allow the parking of automobiles underneath. With the exception of supports, the carport shall have no sides unless such sides are the exterior wall of an adjacent building.
CELLAR
A story wholly or partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground.
CERTIFICATE OF COMPLETENESS
A certificate issued by the Administrative Officer after all required submissions have been made in proper form, certifying that an application for development is complete.
CERTIFICATE OF NONCONFORMANCE
A certificate issued by the Administrative Officer for a use, building, structure or lot in existence at the time of passage of this chapter which is not in conformance with the provisions of this chapter.
CERTIFICATE OF OCCUPANCY
A certificate issued upon completion of construction and/or alteration of any building or the change in occupancy of a commercial or industrial building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Board of Adjustment or Planning Board and/or all other applicable requirements.
CHURCH
A building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples and other similar designations, as well as parish houses, convents and such accessory uses.
CHILD-CARE CENTER
A nonresidential facility maintained for the care, development or supervision of children.
[Added 3-12-1996 by Ord. No. 3164-96; amended 9-24-1996 by Ord. No. 3196-96]
CIRCULATION
Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.[3]
CLINIC, MEDICAL AND/OR DENTAL
A building or buildings designed and/or used for the treatment of nonresident patients operated by or in conjunction with a medical school, hospital, health maintenance organization or insurance company or by a business for its employees and their families.
[Added 9-24-1996 by Ord. No. 3196-96]
COMMON OPEN SPACE
An open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
Any community residential facility housing up to 16 developmentally disabled persons which provides food, shelter and personal guidance for developmentally disabled persons who require assistance, temporarily or permanently, in order to live independently in the community. Such residences shall not be considered health care facilities within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.), and shall include but shall not be limited to group homes, halfway houses, supervised apartment living arrangements and hostels.
[Added 12-26-1978 by Ord. No. 1801]
COMMUNITY SHELTERS FOR VICTIMS OF DOMESTIC VIOLENCE
Any shelter providing food, shelter, medical care, legal assistance, personal guidance and any other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance to protect their physical or psychological welfare. Such shelters shall be certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337.[4]
[Added 4-11-1990 by Ord. No. 2729-90]
COMPLETE APPLICATION
An application for development which complies in all respects to the appropriate submission requirements set forth in this chapter.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.
CONTINUING-CARE RETIREMENT COMMUNITY
A parcel of land developed as a comprehensive and integrated system providing housing and services for extended durations combining independent living accommodations and other housing types, including health care beds, and including the provision of recreational, social, health care and dietary as well as security services intended for the age-eligible residents and other users of such a facility or development and their guests.
[Added 7-10-1991 by Ord. No. 2840-91]
CONVENTIONAL
Development other than planned development.
CORNER LOT
A lot fronting on two or more streets at their intersection.
CORPORATE PARK
A planned or organized industrial and/or corporate headquarters area with comprehensive design for buildings, utilities and street access, which is systematically subdivided according to the needs of the tenants and may contain more than two separate buildings, either individually owned or leased.
[Added 11-24-1998 by Ord. No. 3386-98]
COUNTY MASTER PLAN
A composite of the Master Plan for the physical development of Ocean County with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and 40:27-4.
COUNTY PLANNING BOARD
The Planning Board of the County of Ocean.
COURT
An unoccupied open space on the same lot with a building, which is bounded on three or more sides by building walls.
COVERAGE
The same as "lot coverage by buildings."
[Amended 12-9-2003 by Ord. No. 3843-03]
CURB LEVEL
The officially established grade of the curb in front of the midpoint of the front lot line.
DAYS
Calendar days.
DAY NURSERY
A facility designed to provide daytime care for children age six and under.
[Added 3-12-1996 by Ord. No. 3164-96]
DAYTIME
The hours after 7:00 in the morning and before 6:00 in the evening.
[Added 3-12-1996 by Ord. No. 3164-96]
DECK
A flat surface capable of supporting weight similar to a floor, constructed outdoors and elevated from the ground.
[Added 5-28-2013 by Ord. No. 4403-13]
DENSITY
The permitted number of dwelling units per gross area of land to be developed. See "residential density, gross."
[Amended 6-11-1985 by Ord. No. 2329-85]
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill, and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required pursuant to this chapter.
DEVELOPMENTALLY DISABLED
Experiencing a disability which originates before 18 years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap and which is attributable to mental retardation, cerebral palsy, epilepsy, autism or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services.
[Added 12-26-1978 by Ord. No. 1801]
DEVELOPMENT PERMIT
A document signed by the Administrative 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 which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by a municipal agency.
DEVELOPMENT REGULATION
This chapter, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to P.L. 1975, c. 291.[5]
DIRECTIONAL SIGN
A sign which serves as an aid to motorists using the parking facilities of some establishment, which sign does not itself advertise the establishment and which meets the size requirements of this chapter.
DISTRICT
Any part of the territory of Toms River Township which is designated on the accompanying Zoning Map and to which certain uniform regulations and requirements of this chapter apply.
DIVISION
The Division of State and Regional Planning in the New Jersey Department of Community Affairs.
DRAINAGE RIGHT-OF-WAY
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.
DRIVE-IN RESTAURANT
The same as "restaurant, drive-in."
DWELLING
Any building or portion thereof designed or used exclusively for one or more dwelling units.
A. 
— A building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one family and which is entirely separated from any other dwelling unit in the building by vertical or horizontal floors, and with an independent means of access.
[Amended 2-22-1995 by Ord. No. 3084-95]
B. 
— A building designed for or containing one dwelling unit.
C. 
— A building designed for or containing two dwelling units which are entirely separated from each other by vertical walls or horizontal floors.
[Amended 2-22-1995 by Ord. No. 3084-95]
D. 
— A building designed for or containing three dwelling units which are entirely separated from each other by vertical walls or horizontal floors.
[Amended 2-22-1995 by Ord. No. 3084-95]
E. 
— An apartment including the following separate rooms or a combination thereof: a bathroom with toilet and bath facilities and a combination living room and bedroom with a combination kitchen and dining room; or a combination living room, bedroom and dining room with a separate kitchen; or a combination living room, bedroom, dining room and kitchen, provided that the kitchen can be closed off from the remainder of the room. No additional room shall be provided except hallways and suitable closet and storage space.
F. 
— An apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; and a bedroom. No additional room shall be provided except hallways and suitable closet and storage space.
G. 
— An apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom. No additional room shall be provided except hallways and suitable closet and storage space.
H. 
— An apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom; a third bedroom. No additional room shall be provided except hallways and suitable closet and storage space.
I. 
 — A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
[Added 12-27-2006 by Ord. No. 4064-06]
EASEMENT
The right of the Township, county, state, sewerage authority or other public or quasi-public agency or their agents, servants and employees to use the land subject to the easement for the purposes specified on the plat or in the document granting the easement.
EDUCATIONAL USE
Public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the state. Summer day camps shall not be considered as educational uses or accessories to such uses. Duly accredited colleges and universities shall also be considered educational uses.
ENVIRONMENTAL COMMISSION
A municipal advisory body created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice and gravity.
[Amended 2-12-2008 by Ord. No. 4127-08;[6] 3-23-2010 by Ord. No. 4245-10]
A. 
Structures related to underground gas, electrical, telephone, telegraph, water or other public utility transmission or distribution systems, including but not limited to mains, drains, sewers, pipes, conduits and cables;
B. 
Facilities including but not limited to basins, ponds, pipes, infiltration systems, recharge areas, and other aboveground or belowground facilities which may be required by Township, county, state or federal rules, regulations or laws for services of both on-site and/or off-site properties;
C. 
Fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants and other similar equipment and accessories, reasonably necessary for the furnishing of adequate service by public utilities, governmental agencies or others needed for public health, safety, environmental protection or general welfare.
ESTABLISHMENT
The primary activity, under one proprietorship, of a parcel or building or a section thereof.
EXEMPT DEVELOPMENT
That site plan and/or subdivision approval shall not be required for the following:
A. 
Construction, additions or alterations related to single-family detached or two-family detached dwellings on individual lots.
B. 
Interior alterations which do not increase the required number of off-street parking spaces.
C. 
Any change of use of land or structure to a use for which the standards of this chapter are the same or less restrictive or stringent.
D. 
Any increase in the total number of employees, number of employees in any shift or the number of vehicles to be stored or parked on the site not exceeding 15% of the amount existing at the time of passage of this chapter or as set forth at the time of a previous site plan approval.
E. 
Construction or installation of underground facilities which do not alter the general use, appearance or grade of the site, provided that the underground installation of fuel-oil tanks or tanks for the storage of flammable or combustible liquids or materials shall have been approved by the Toms River Township Bureau of Fire Prevention.
F. 
The construction or alteration of or addition to an off-street parking area which provides an increase of five or fewer vehicle parking spaces as compared to the last approved and/or developed site plan or the number existing at the time of the adoption of this chapter, except in conjunction with or subsequent to any condemnation or taking proceeding.
[Amended 4-11-1990 by Ord. No. 2729-90; 5-13-1992 by Ord. No. 2911-92]
G. 
Divisions of property, and conveyances so as to combine existing lots, which are not considered to be subdivisions in accordance with the definition of "subdivision" contained within this article.
H. 
Home professional offices of less than 500 square feet within existing buildings located in districts where such home professional offices are permitted accessory uses or conditional uses, provided that such office does not require more than five off-street parking spaces pursuant to the provisions of this chapter.
I. 
Erection of a tent in any zone where tents are a permitted accessory use for 30 days or less and not more than twice per calendar year.
[Added 4-11-1990 by Ord. No. 2729-90]
J. 
Modification to site to improve handicap accessibility not involving additional building area.
[Added 2-22-1995 by Ord. No. 3084-95]
K. 
Installation of solid waste storage container(s) and enclosure(s) conforming to the requirements of § 348-8.27, Solid waste storage, and subject to compliance with any prior development approvals.
[Added 2-22-1995 by Ord. No. 3084-95]
L. 
Temporary outdoor display of goods for sale in accordance with § 348-5.20.
[Added 8-14-2007 by Ord. No. 4097-07]
M. 
Clothing bins which are regulated in Chapter 391 of this Code.
[Added 5-26-2009 by Ord. No. 4201-09]
FAIR SHARE HOUSING DEVELOPMENT
(Reserved)
[Added 1-26-1988 by Ord. No. 2539-88; amended 12-26-1991 by Ord. No. 2881-91]
FAMILY
One or more persons living together as a single entity or nonprofit housekeeping unit, as distinguished from individuals or groups occupying a hotel, club, fraternity or sorority house. The family shall be deemed to include necessary servants when servants share the common housekeeping facilities and services.
FARM
Any parcel of land, three acres or larger in size, which is used for gain in the raising of agricultural products, livestock, poultry or dairy products.
FARM BUILDING
Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operation of a farm.
FARMERS' MARKET
A commercial business or cooperative gathering primarily for the display and sale of locally grown produce.
FENCE
An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.
[Amended 5-13-1992 by Ord. No. 2911-92; 5-28-2013 by Ord. No. 4403-13]
FENCE, OPEN
A fence in which 2/3 of the area between grade level and the top cross member (wire, wood or other material) is open.
FINAL APPROVAL
The official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FINAL PLAT
The final map of all or a portion of the site plan or subdivision which is presented to the Planning Board for final approval in accordance with the provisions of this chapter.
FLOODPLAIN, FLOODWAY AND FLOOD HAZARD AREA
The same as defined in Chapter 313, Flood Damage Prevention, of the Code of the Township of Toms River.
FLOOR AREA
The sum of the gross horizontal areas of the floor or several floors of a building measured between the inside faces of exterior walls, or from the center line of walls common to two dwelling units or uses. For nonresidential uses, "floor areas" shall include basements, cellars and storage areas.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures compared to the total area of the site.
[Amended 6-11-1985 by Ord. No. 2329-85]
GARAGE
A building or structure intended or suitable for the storage of motor-driven vehicles.
GARAGE, PRIVATE
A garage used as an accessory to the main building, which provides for the storage of motor vehicles and in which no occupation, business or service for profit is carried on.
GARAGE, PUBLIC
A garage conducted as a business. The rental of storage space for more than two motor vehicles not owned on the premises shall be deemed a "public garage.
GAS STATION
The same as "motor vehicle service station."
GOLF COURSE
An area of 50 or more contiguous acres containing a full-size professional golf course, at least nine holes in length, together with the necessary and usual accessory uses and structures, such as but not limited to clubhouse facilities, dining and refreshment facilities, swimming pools, tennis courts and the like, provided that the operation of such facilities is incidental to the operation of the golf course.
GOVERNING BODY
The Township Committee of the Township of Toms River.
GRADE, FINISHED
The completed surfaces of lawns, walks and roads brought to grade as shown on official plans or designs relating thereto or as existing if no plans or designs have been approved.
GRADE LEVEL
The same as "finished grade."
[Added 5-14-2013 by Ord. No. 4402-13]
GROSS FLOOR AREA
The same as "floor area."
GROSS HABITABLE FLOOR AREA
The sum of the gross horizontal areas of the floor or several floors of a dwelling, measured between the inside face of exterior walls or from the center line of walls separating two dwelling units, having a clear ceiling height of seven feet, four inches or greater, but not including any unfinished cellar or basement or any garage space, breezeway, interior patios, enclosed porches or accessory building space.
GROUND LEVEL
The lowest elevation existing or proposed, within one foot of the proposed area of construction.
[Added 4-11-1990 by Ord. No. 2729-90]
GROUND SIGN
A self-supporting sign connected to the ground and independent of any other structure.
GROUNDWATER REMEDIAL ACTION
The removal or abatement of pollutants in groundwater and includes dewatering activities performed in connection with the removal or replacement of underground storage tanks, as defined in N.J.S.A. 58:10A-22, except that as used herein underground storage tanks shall include:
A. 
Farm underground storage tanks with a capacity of 1,100 gallons or less used for the noncommercial storage of motor fuels;
B. 
Underground storage tanks used to store heating oil for on-site consumption in a nonresidential building with a capacity of 2,000 gallons or less; and
C. 
Underground storage tanks used to store heating oil for on-site consumption in a residential building.
[Added 9-24-1996 by Ord. No. 3196-96]
HABITABLE FLOOR AREA
The same as "gross habitable floor area."
HEALTH CARE FACILITY
The facility or institution, whether public or private, engaged principally in providing services for health maintenance organizations, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including but not limited to general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, boarding home or other home for the sheltered care of adult persons, bioanalytical laboratory (except as specifically excluded hereunder) or central services facility wherein one or more such institutions but excluding institutions that provide healing solely by prayer and institutions defined as "residential health care facilities," as defined herein, and excluding such bioanalytical laboratories as are independently owned and operated which are not owned, operated, managed or controlled, in whole or in part, directly or indirectly by any one or more health care facilities and the predominant source of business of which is not by contract with health care facilities within the State of New Jersey in which solicit or accept specimens and operate predominantly in interstate commerce.
[Added 12-26-1978 by Ord. No. 1801; amended 7-10-1991 by Ord. No. 2840-91]
HELIPORT
A landing place for helicopters.
[Added 8-12-1997 by Ord. No. 3277-97]
HISTORIC SITE
Any building, structure, area or property that is significant in the history, architecture, archaeology or culture of Toms River Township, Ocean County, the State of New Jersey or the nation and has been so designated pursuant to P.L. 1975, c. 291.
HOME OCCUPATION
Any gainful employment, or occupation, of one or more members of the resident family, which shall constitute, either entirely or partly, the means of livelihood of such member or members and which shall be conducted in clearly secondary or accessory use to the primary residential use of the principal structure. Such occupation may be pursued in the principal dwelling structure or in a secondary building which is accessory to such principal structure. Home occupations may include but are not limited to such activities as dressmaking, millinery, watchmaking, electrical and radio repair and carpentry. The retail sale of goods or services in structures designed or altered to make such activities the primary use of the site shall not be construed hereunder to be a home occupation.
HOME PROFESSIONAL OFFICE
Any professional office conducted entirely within the dwelling or accessory building to the dwelling which is the bona fide residence of the practitioner.
HOSPITAL
A building or series of buildings, primarily for treatment of patients to be housed on the premises, and providing health, medical and surgical care for sick or injured human beings, including as an integral part of the buildings such related facilities as laboratories, out-patient departments, clinics, training facilities, central service facilities and staff offices. The definition of "hospital" shall not include nursing homes, medical care centers and the like.
HOTEL
A building which contains 10 or more units of dwelling space and which is kept, used, maintained, advertised as, or held out to be a place where sleeping or dwelling accommodations are available to transient guests.
[Amended 10-28-2008 by Ord. No. 4164-08[7]]
IMPERVIOUS SURFACE
Any material that prevents or significantly impedes absorption of stormwater in the ground.
[Added 6-9-2004 by Ord. No. 3880-04]
IMPROVED STREET
A street curbed and paved in accordance with the standards set forth in this chapter for new streets or, alternately, a street which has been accepted and maintained by Toms River Township, Ocean County or the State of New Jersey.
INDOOR RECREATION FACILITY
A permanent structure containing facilities for recreational activities such as tennis, platform games, swimming, exercise rooms, handball and similar activities.
[Added 6-9-2004 by Ord. No. 3880-04]
INDUSTRIAL PARK
A planned or organized industrial and/or corporate headquarters area with comprehensive design for buildings, utilities and street access, which is systematically subdivided according to the needs of the tenants and may contain more than two separate buildings, either individually owned or leased.
INSTRUCTIONAL SCHOOLS
A school designed to provide instruction in a limited area of vocational, artistic, recreational or business purposes, including but not limited to art, dancing, music, gymnastics, martial arts and/or computer/secretarial skills.
[Added 3-12-1996 by Ord. No. 3164-96]
INTERESTED PARTY
In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose rights to use, acquire or enjoy property are or may be affected by any action taken under this chapter and/or pursuant to the provisions of P.L. 1975, c. 291, or whose rights to use, acquire or enjoy property under the provisions of P.L. 1975, c. 291, or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
INTERIOR OR INSIDE LOT
A lot bounded by a street on one side only.
INTERIOR STREET OR ROAD
A street or road that is developed wholly or within a parcel under one ownership and meeting all Township standards.
A. 
As applied to a sign:
(1) 
A word, abbreviation, initial or the name of the establishment or proprietor up to a limit of seven words.
(2) 
A number, trademark or symbol if without lettering; if it contains lettering, see below; a telephone number or zip code shall be considered a single item.
(3) 
An illustration or design element and each broken plane of a sign, if there is more than one.
B. 
The following shall not constitute an "item of information":
(1) 
The second, third, fourth, fifth, sixth and seventh words of the name of the establishment.
(2) 
Lettering four inches or less in height.
(3) 
Letters or numbers carved into or applied in such a way that they are an architectural detail of a building, provided that they are not illustrated apart from the building, are not made of reflecting materials and do not contrast sharply in color with the building.
(4) 
The trademark or symbol itself if it incorporates lettering larger than four inches; provided, however, that the words which are a part of the trademark are counted as "items of information."
(5) 
Directional signs.
(6) 
Street numbers.
JUNKYARD
Any lot or portion thereof used for the storage, keeping or abandonment of junk, including scrap materials, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment or machinery or parts thereof. The term "junkyard," as herein defined, includes automobile wrecking yards. Any person, firm or corporation who shall permit the storage or keeping of more than one inoperative or abandoned vehicle, items of equipment, machinery or parts thereof, except as may be part of an allowed use of the premises, shall be deemed to be operating a "junkyard."
LAND
Includes improvements and fixtures on, above or below the surface.[8]
LIGHT MANUFACTURING
The fabrication, assembly or processing of goods or materials or the storage of bulk goods and materials where such activities or materials create no hazard from fire or explosion or produce no toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.
LIVESTOCK
All animals kept or raised for profit-making purposes, including but not limited to animals raised for slaughter or sale, animals kept for breeding, chickens kept for laying eggs, work animals and animals kept for producing dairy products.
LOADING SPACE
An off-street space for the temporary parking of a commercial vehicle while loading or unloading. Such space must have clear means of ingress and egress to a public street at all times.
LOCAL COLLECTOR STREET
An existing or proposed street classified as a local collector street on the Circulation Plan of the Toms River Township Master Plan or a proposed street meeting the design standards for local collector streets in this chapter.
LOCAL STREET
An existing street classified as a local street on the Circulation Plan of the Toms River Township Master Plan or a proposed street meeting the design standards for local streets in this chapter.
LONG-TERM RESIDENTIAL HEALTH CARE FACILITIES
The facility or institution, whether public or private, engaged principally in providing shelter, health maintenance and monitoring services. Provided are living units which may be of independent, semi-independent or health care bed types, as well as variable levels of personal assistance, recreational, social, dietary and health care services. Included within this category are congregate care housing, assisted living facilities, multilevel facilities, extended care facilities, skilled nursing homes, nursing homes and intermediate care facilities.
[Added 7-10-1991 by Ord. No. 2840-91]
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The acreage and/or square footage of a lot contained within the lot lines of the property. Any portion of the lot included in a street right-of-way, including road widening easements, shall not be included in calculating lot area. Portions of lots encumbered by easements except as noted shall be included in calculating lot area. Portions of lots below the mean high-water line shall not be considered in any lot area, frontage, width, depth or yard area calculation.
[Amended 11-10-1992 by Ord. No. 2943-92; 9-24-1996 by Ord. No. 3196-96]
LOT COVERAGE BY BUILDINGS
The measurement of an area, expressed as a percentage of the total lot area, by which all buildings occupy a lot, as measured on a horizontal plane around the periphery of the facades, including, without limitation, the area under the roof of any structure supported by columns, pillars, or posts, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns, pillars, or posts.
[Amended 12-9-2003 by Ord. No. 3843-03; 5-28-2013 by Ord. No. 4403-13]
LOT DEPTH
The mean horizontal distance between the front and rear lot lines measured in the general direction of its side lot lines; in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall be not less than 10 feet in length measured between its intersections with the side lot lines. On corner lots, one side lot line shall be considered a rear lot line for the purpose of determining lot depth only.
[Amended 12-9-2003 by Ord. No. 3843-03]
LOT FRONTAGE
The horizontal distance of lot lines or portions thereof which are coexistent with a street line. In the case of a street of undefined width, said lot lines shall be assumed to parallel the center line of the street at a distance of 50% of the statutory street right-of-way width therefrom.
LOT LINE
Any line designating the extent or boundary of a lot which shall further be defined as follows:
A. 
— A lot line or portion thereof which is coexistent with a street line and along which the lot frontage is calculated.
B. 
— The lot line most distant and generally opposite and parallel to the front lot line. (See § 348-5.6C, D and E.)
C. 
— Any lot line other than a front or rear lot line. (See § 348-5.6C, D and E.)
LOT WIDTH
The shortest distance between the side lot lines measured through the midpoint of a line parallel to the front lot line or street line located at a distance from the street line (or front lot line) equal to 1/2 the required lot depth or 1/2 the actual lot depth, whichever is less. On corner lots, one front lot line shall be considered a side lot line for the purpose of determining lot width only.
MAINTENANCE GUARANTY
Any security which may be accepted by the municipality for the maintenance of any improvements required by development regulations, including but not limited to surety bonds, letters of credit pursuant to N.J.S.A. 40:55D-53 and cash.
[Amended 5-13-1992 by Ord. No. 2911-92]
MAJOR COLLECTOR STREET
An existing or proposed street classified as a major collector street on the Circulation Plan of the Toms River Township Master Plan or a proposed street meeting the design standards for major collector streets in this chapter.
MAJOR SITE PLAN
Any site plan not classified as a minor site plan or exempt site development.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MANUFACTURING
The treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.
MARINA
Any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A marina shall be deemed to include, in addition, automobile parking facilities; sanitary facilities; motor fuel sales; and boat sales, repairs, maintenance and service, excluding, however, facilities for the construction of new boats. For the purpose of this chapter, the rental of two or more berthing spaces to other than the residents of the property contiguous to same shall be deemed to constitute a marina, and same shall conform to all provisions of this chapter pertaining to marinas.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of Toms River Township as set forth in and adopted pursuant to Section 19 of P.L. 1975, c. 291.[9]
MAYOR
The Chairman of the Township Committee of the Township of Toms River.
MENTALLY ILL PERSON
A person afflicted with mental disease to such an extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others or of the community, but shall not include a person who has been committed after having been found not guilty of a criminal charge or unfit to be tried on a criminal charge by reason of insanity.
[Added 12-26-1978 by Ord. No. 1801[10]]
MINING
Cumulative removal of more than 1,500 cubic yards of material from any site, which removal is not in conjunction with a site plan or subdivision approved by the appropriate municipal, county and state agencies.
[Added 8-23-1983 by Ord. No. 2195-83]
MINI WAREHOUSE
A commercial facility which primarily provides storage space accommodations within enclosed building(s) for use by the public, including businesses, on a rental basis. The facility may contain one dwelling unit only for the sole occupancy by the caretaker of the facility and may include areas reserved for the storage of operable, registered and insured motor driven vehicles, displaying Department of Motor Vehicles (DMV) plates, including boats and trailers. For the purpose of this chapter, the storage of bulk goods and materials used in the fabrication, assembly, processing or manufacturing, including hazardous, toxic and corrosive materials, will not be considered mini warehousing.
[Added 7-8-1997 by Ord. No. 3271-97]
MINOR ARTERIAL
An existing or proposed street classified as a minor arterial on the Circulation Plan of the Toms River Township Master Plan or a proposed street meeting the design standards for minor arterials in this chapter.
MINOR COLLECTOR STREET
An existing or proposed street classified as a minor collector street on the Circulation Plan of the Toms River Township Master Plan or a proposed street meeting the design standards for minor collector streets in this chapter.
MINOR SITE PLAN
A development for which site plan approval is required and for which the following conditions have been met:
[Amended 2-9-1982 by Ord. No. 2068]
A. 
The construction of drainage facilities is not required.
B. 
Exterior facade alterations are proposed and/or new building construction and/or building additions do not exceed 2,000 square feet of gross floor area or 5% of the gross floor area of the existing building, whichever is greater.
C. 
The proposed development does not increase the parking requirements by more than 50 spaces or increase the existing parking by more than 5%, whichever is greater.
D. 
The site plan conforms to the requirements of Chapter 313, Flood Damage Prevention, Chapter 438, Soil Disturbance, Chapter 417, Trees, and Chapter 497, Watercourses and Coastal Wetlands, of the Code of the Township of Toms River.
MINOR SUBDIVISION
Any subdivision resulting in not more than four lots plus the remainder of the original lot, all lots fronting on an existing improved street and not involving any new street or road, provided that the following conditions have been met:
[Amended 2-9-1982 by Ord. No. 2068]
A. 
That curbs and sidewalks have been installed or that the developer agrees to install and post performance guaranties for curbs and sidewalks, or that curbs and sidewalks are not required due to specific conditions in the area.
B. 
That the subdivision does not require the extension of municipal facilities at the expense of the municipality.
C. 
That the subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.
D. 
That the subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property.
E. 
That the subdivision is not in conflict with any provision or portion of the Master Plan, Official Map or this chapter.
F. 
(Reserved)[11]
G. 
That no portion of the lands involved have constituted a part of a minor subdivision within two years preceding the application.
H. 
That the subdivision conforms to the requirements of Chapter 313, Flood Damage Prevention, Chapter 438, Soil Disturbance, Chapter 417, Trees, and Chapter 497, Watercourses and Coastal Wetlands, of the Code of the Township of Toms River.
The Planning Board may classify consolidations of lots and resubdivisions to readjust lot lines as "minor subdivisions" regardless of the number of lots involved.
MOBILE HOME
A vehicle used or so constructed as to permit its being used as a licensed conveyance upon the public streets or highways and constructed in such a manner as will permit its use as a residence, office, business or for storage. This term shall also include trailers, automobile trailers, house trailers and trailer coaches used as offices, residences or accessory structures for storage purposes for both residential and nonresidential uses, excepting therefrom travel trailers, which are under eight feet in width and under 28 feet in length, and which are not used for purposes of day-to-day habitation.
MOBILE HOME PARK
Land and premises upon which two or more mobile homes occupied for dwelling or sleeping purposes are located. This term shall include trailer coach parks and courts.
MOTEL, MOTOR COURT AND MOTOR HOTEL
A hotel where each unit has convenient access to a parking space or parking spaces for the use of the unit's occupants.
MOTOR VEHICLE REPAIR GARAGE
A building or portion of a building in which auto body work or the overhauling or replacement of engines or major components is conducted as a business for profit. Such uses may include those uses set forth in the definition of motor vehicle service stations.
[Amended 4-11-1990 by Ord. No. 2729-90]
MOTOR VEHICLE SERVICE STATION
Any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories. Such use may include facilities for lubricating, washing or servicing of motor vehicles. Such use shall not include any auto body work of any nature.
[Amended 6-11-1985 by Ord. No. 2329-85]
MUNICIPAL AGENCY
The Planning Board or Board of Adjustment or governing body of the Township of Toms River when acting pursuant to P.L. 1975, c. 291,[12] and this chapter.
MUNICIPALITY
The Township of Toms River.
NAMEPLATE SIGN
A sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.
NONCONFORMING BUILDING
A building existing at the date of the passage of this chapter which, in the design or location upon a lot, does not conform to the regulations of this chapter for the district in which it is located.
NONCONFORMING LOT
A lot existing at the date of the passage of this chapter, which does not meet the minimum dimensions or area requirements for the zone in which it is located.
NONCONFORMING USE
A use which occupied a building or land at the time of enactment of this chapter and which does not conform to the regulations of the district in which it is located according to this chapter.
NONRESIDENTIAL
A structure, building, etc., in which there will be no persons residing/living for a continuous period of habitating in a nontransient manner.
[Added 9-24-1996 by Ord. No. 3196-96]
NURSERY
A place where trees, shrubs, vines and ornamental plants are propagated and/or grown for gain.
NURSERY SCHOOL
A school designed to provide daytime care or instruction of two or more children age six and under.
[Amended 3-12-1996 by Ord. No. 3164-96]
OCCUPANCY
The specific purpose for which land or a building is used, designed or maintained.
OCCUPANCY PERMIT
The same as certificate of occupancy.
OFFICIAL COUNTY MAP
The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Ocean County pursuant to N.J.S.A. 40:27-5.
OFFICIAL MAP
A map adopted by ordinance by the Township Committee pursuant to Article 5 of P.L. 1975, c. 291.
OFF SITE
Located outside the lot lines of the lot in question, but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
OFF TRACT
Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
ON SITE
Located on the lot in question.
ON TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OPEN SPACE, UNOCCUPIED
An unoccupied, grassed, wooded or landscaped area open to the sky on the same lot with a principal and/or accessory building. Improved sidewalks, paved paths or other pedestrian ways within an unoccupied open space area, which exceed four feet in width, shall be deducted in determining the unoccupied open space area. Parking area or traffic channelization islands which are not landscaped or which have an area less than 350 square feet shall not be considered as unoccupied open space.
OUTDOOR CAFE
An unenclosed outdoor dining area operated on a seasonal basis by a restaurant on the same lot occupied by the restaurant.
[Added 12-27-2006 by Ord. No. 4064-06]
PARKING AREA, PRIVATE
An open area, other than a street, intended for the same use as a private garage.
PARKING AREA, PUBLIC
A paved open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation of clients or customers.
PARKING SPACE
An off-street space provided for the parking of a motor vehicle with a minimum area of 162 square feet, exclusive of driveways or access drives.
[Amended 2-9-1982 by Ord. No. 2068]
PARTY IMMEDIATELY CONCERNED
For purposes of notice, any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under Section 7.1 of P.L. 1975, c. 291.[13]
PATIO
An area of land not used for receiving and storing material where the ground has been surfaced with construction material, such as brick, stone, cement or lumber, which does not project above grade level and which is entirely uncovered by a roof or any superstructure.
PERFORMANCE GUARANTY
Any security which may be accepted by the municipality, including surety bonds, letters of credit pursuant to N.J.S.A. 40:55D-53 and cash in lieu of a requirement that certain improvements be made before the municipal agency approves an application for a development permit.
[Amended 5-13-1992 by Ord. No. 2911-92]
PERSONAL SERVICES
Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.
[Added 12-27-2006 by Ord. No. 4064-06]
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous size, as may be specified in this chapter, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by this chapter.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENT
An area of a minimum contiguous size, as may be specified in this chapter, to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted.
PLANNED RETIREMENT COMMUNITY DEVELOPMENT
An area of land containing dwellings and recreational, cultural and medical facilities and services for the benefit of the permanent residents who are, wherever possible, persons 55 years of age or over.
[Amended 3-8-1989 by Ord. No. 2638-89]
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10 acres or more, to be developed according to a plan as a single entity containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as may be specified in this chapter.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a specified minimum contiguous acreage of five acres or more, to be developed according to a plan as a single entity containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses, all primarily for the benefit of the residential development as may be specified in this chapter.
PLANNING BOARD
The Toms River Township Planning Board established pursuant to Section 14 of P.L. 1975, c. 291.[14] The term "Planning Board" as used in this chapter also means the Board of Adjustment when it is acting pursuant to Section 63b of P.L. 1975, c. 291.[15]
PLANNING BOARD ENGINEER
The licensed New Jersey professional engineer specifically retained by the Planning Board, or assigned by the Township Engineer with the consent of the Board, to render engineering services and advice to the Board. In the absence of the specific appointment of a Planning Board Engineer, the Township Engineer may assume the duties of the office.
PLANS COMMITTEE
All members of the Planning Board or Board of Adjustment meeting to review agenda items for the next public meeting of the Board.
PLAT
A map or maps of a subdivision or site plan.
POLITICAL SIGN
A sign which indicates the name, cause or affiliation of anyone seeking public office or which refers to an issue for which a public election is scheduled to be held.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to Sections 34, 36 and 37 of P.L. 1975, c. 291,[16] prior to final approval after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project illustrating, in a schematic form, its scope, scale, relationship to its site and immediate environs and exterior colors and finishes.
PREMISES
A lot or tract of land or any combination thereof held under single ownership or control.
PREVAILING FRONT SETBACK
The average setback of buildings within the same block frontage. In making this calculation, at least 15% of the buildings that are closest to the street line shall be eliminated from the basis for calculating the average, and up to 15% of the buildings that are farthest from the street line shall be eliminated from the basis as well. In the alternative, the calculation may be based on linear feet of frontage as a substitute for the number of buildings.
[Added 12-18-2007 by Ord. No. 4123-07]
PRIMARY OR PRINCIPAL USE
The primary or principal purpose for which a building, structure or lot is used.
PRINCIPAL ARTERIAL HIGHWAY
An existing or proposed street classified as a principal arterial highway on the Circulation Plan of the Toms River Township Master Plan or a proposed street meeting the design standards for principal arterial highways in this chapter.
PROFESSIONAL OFFICE/PROFESSION
The office of a member of a recognized profession, which shall include but is not limited to the offices of doctors or physicians, dentists, but is not limited to the office of doctors or physicians, optometrists, ministers, architects, landscape architects, professional engineers, land surveyors, lawyers, artists, authors, attorneys, accountants and musicians.
[Amended 6-13-1990 by Ord. No. 2748-90]
PROHIBITED USE
That use which is not specifically allowed or permitted in a particular zone and for which the granting of a variance under N.J.S.A. 40:55D-70d would be necessary in order to provide that use in that particular zone.
PROJECTING SIGN
A sign other than a wall sign suspended from or attached to a building or wall in a manner which is other than parallel to the said building or wall, including a sign hung under a marquee or canopy.
A. 
Public parks, playgrounds, trails, paths and other recreational areas.
B. 
Other public open spaces.
C. 
Scenic and historic sites.
D. 
Sites for schools and other public buildings and structures.
PUBLIC DEVELOPMENT PROPOSAL
A master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.
PUBLIC DRAINAGEWAY
The land reserved or dedicated 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 to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservational uses.
QUORUM
The majority of the full authorized membership of a municipal agency.
REAL ESTATE SIGN
A sign erected by the owner or his agent indicating that the property on which the sign is located is for rent, sale or lease.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITY, GROSS
The number of dwelling units per gross acre of residential land, including streets, easements and open space portions of a development. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number.
[Amended 8-9-1989 by Ord. No. 2670-89; 11-10-1992 by Ord. No. 2943-92]
RESIDENTIAL DENSITY, NET
The number of dwelling units which may be or are developed per acre of land, exclusive of areas used for public access and/or open space and natural or nontidal bodies of water, tidal wetlands as defined by the New Jersey Wetlands Act of 1970[17] and freshwater wetlands as defined by the New Jersey Freshwater Wetlands Protection Act of 1987[18] or floodways as defined by Chapter 313, Flood Damage Protection, of the Code of the Township of Toms River. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number.
[Amended 8-9-1989 by Ord. No. 2670-89]
RESIDENTIAL PROFESSIONAL OFFICE
The same as "home professional office."
RESTAURANT
Any establishment, however designated, at which food is sold for consumption on the premises, but normally to patrons seated within an enclosed building. However, a snack bar at a public or a community playground, playfield, park or swimming pool operated solely by the agency or group operating the recreational facilities and for the convenience of patrons of the facility shall not be deemed to be a restaurant.
RESTAURANT, DRIVE-IN
An establishment where the majority of the patrons purchase food, soft drinks, ice cream and similar confections for takeout or consumption on the premises, but outside the confines of the principal building, or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.
RESUBDIVISION
The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or by other instrument.
RETAINING WALL
A structure more than 18 inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.
ROOF SIGN
A sign erected or constructed above the eaves, roofline or parapet line of any building.
ROOM
As applied to multifamily dwellings as may be permitted by this chapter, includes living rooms, dining rooms, kitchens and bedrooms. Kitchenettes, which do not include space for eating, and dining areas in which one full wall is open into a living room area shall be counted as 1/2 room. Baths shall not count as rooms.
ROOMING HOUSE
The same as "boardinghouse."
SCREENING
Any concentration or grouping of trees or shrubbery as may be required by this chapter.
SECONDARY USE
The same as "accessory use."
SEDIMENTATION
The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.
SELF-STORAGE FACILITY
The same as "mini warehouse."
[Added 7-8-1997 by Ord. No. 3271-97]
SERVICE ACCESS
That portion of any required yard area which is set aside for the sole purpose of access from the road adjoining the premises to the loading or unloading area on the premises to service the building erected or the use conducted thereon.
SETBACK
The horizontal distance between a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines at the point where the building is closest to such lot lines (see § 348-5.4B).
[Amended 12-9-2003 by Ord. No. 3843-03]
SETBACK LINE (BUILDING LINE)
The line beyond which a building shall not extend unless otherwise provided in this chapter.[19]
SHELTERED CARE HOME
A building used, whether for profit or not, for the care of one or more aged or infirm persons who are residents therein (as "resident" is defined in N.J.S.A. 30:11A-1 et seq.), who are not members of the family therein residing.
SHINGLE
A small sign identifying a professional use.
[Added 11-9-1994 by Ord. No. 3059-94]
SHOPPING CENTER
An integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants and auditoriums, housed in an enclosed building or buildings, utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities, and having a minimum total floor area of 20,000 square feet.
SIDEWALK OR SANDWICH SIGN
A movable sign not secured or attached to the ground.
SIGN
A visual communication that is used for the purpose of bringing the subject thereof to the attention of others. The term does not include buildings themselves, traffic signs or other official messages displayed within the public right-of-way. "Signs" include letters, numbers, symbols, trademarks, illustrations or designs as they may appear on signs, billboards, banners, storefronts, marquees, canopies and other stationary visual media on or off the premises of the activity to which the message pertains. A sign may also be described as a street graphic.
SIGNABLE AREA
The area on the facade of a building, usually below the roofline, which is free of openings, such as doors or windows, and which may be used for a sign without disrupting major architectural details.
SIGN AREA
For purposes of this chapter and to calculate the amount of area utilized by proposed signs, individual letters or numbers pinned separately to a wall background shall be measured for their area by the sum of the area of the individual rectangles that enclose each letter. Otherwise, the area of a sign shall be the entire face of a box, wall or projecting sign. The total area of the rectangle which encloses the message of a ground sign shall be counted, including all ornamentation, embellishments and symbols, but excluding the supporting structure which does not form part of the sign proper or of the display. The area of a double or multifaced sign shall be the area of the largest vertical plane within the outline of the sign as seen from any one vantage point on a public right-of-way.
SITE
Any plot, parcel, piece or tract of land.
[Added 8-23-1983 by Ord. No. 2195-83]
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices.
C. 
Any other information that may be reasonably required in order to make an informed determination pursuant to the provisions of this chapter requiring review and approval of site plans by the Planning Board adopted pursuant to P.L. 1975, c. 291.[20]
SKETCH PLAT
A map of a subdivision or site plan of sufficient accuracy to be used for the purpose of discussion and classification and, further, meeting the requirements set forth herein for sketch plats.
SNIPE SIGN
A sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees or other natural features, poles, stakes or fences or to other objects with the message appearing thereon not applicable to the present use of the premises or structures upon which such sign is located.
SPECIAL CONSULTANT
Individuals or firms hired by the Planning Board or Board of Adjustment to review applications regarding traffic, environmental or land use planning issues.
[Added 9-12-2000 by Ord. No. 3551-00]
STANDARDS OF PERFORMANCE
Standards:
A. 
Adopted by ordinance pursuant to Section 52d of P.L. 1975, c. 291,[21] regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality; or
B. 
Required by applicable federal or state laws or municipal ordinances.
STORY
That portion of a building included between the surface of any floor and the surface of that floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. A mezzanine floor shall be counted as a story if it covers over 1/3 of the area of the floor next below it. For the purpose of this chapter, a bi-level or split-level dwelling shall be considered a one-story structure.
[Amended 5-14-2013 by Ord. No. 4402-13]
STORY, HALF
That portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half story. A basement shall also be included as a half story.
STREET
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 filed and recorded in the office of the county recording officer prior to the formation 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.
STREET LINE
That line determining the limit of the highway rights of the public, either existing or contemplated.
STRUCTURAL ALTERATIONS
The same as "alterations."
STRUCTURE
Anything constructed, assembled or erected, the use of which required the location on the ground or attachment to something having location on or in the ground, and shall include tanks, towers, advertising signs or devices, bins, tents, lunch wagons, trailers, dining cars, camp cars or similar structures on wheels, or other supports, used for business or living purposes. The word "structure" shall not apply to service utilities entirely below ground or pavements, curbs, sidewalks, patios or gasoline fuel pumps.
[Amended 9-14-1982 by Ord. No. 2116]
SUBDIVIDER
Any person or entity commencing proceedings under this chapter to effect the subdivision of land hereunder.
SUBDIVISION
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 chapter if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman 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; conveyances so as to combine existing lots by deed or other instrument; 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 as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
[Amended 3-11-1980 by Ord. No. 1909]
SUBDIVISION SIGN
A sign designating and identifying a subdivision or housing development.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
SUPER GRAPHIC
The application of paint, acrylic or other material directly onto a permanent wall in such a manner as to create an aesthetic design.
SWIMMING POOL, COMMERCIAL
A swimming pool that is operated for profit and open to the public or to a limited number of members and their guests, upon payment of an hourly, daily, weekly, monthly, annual or other fee or operated as a service rendered by a hotel, motel or apartment development whose units are rented to transient or permanent residents.
SWIMMING POOL, PRIVATE
A swimming pool located on a single-family lot with a residence on it and used as an accessory to the residence, and said pool is utilized with no admission charges and not for the purpose of profit.
SWIMMING POOL, PUBLIC
The same as "swimming pool, commercial."
TEMPORARY SIGNS
One which indicates a special event or transient feature lasting 30 days or less, which sign is displayed for 35 days or less.
THEATER
A structure designed and used for the presentation of motion pictures or stage entertainment.
TIME-AND-TEMPERATURE SIGNS
A sign which indicates actual time and/or current temperature.
TRAILER COURT
The same as "mobile home park."
TRANSCRIPT
A typed or printed verbatim record of the proceedings or reproduction thereof.
[Added 3-11-1980 by Ord. No. 1909]
TRUCK TERMINAL
A location at which trucks are parked or privately serviced, which trucks transport goods or materials not produced, received for sale, warehoused or used in manufacturing at that location.
USE
The specific purpose for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
USED AND NEW CAR LOT
An open area used primarily for the storage and sale of operative new or used motor vehicles.
VARIANCE
Permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47 and Sections 29.2b, 57c and 57d of P.L. 1975, c. 291.[22] Those sections, paragraphs and/or subsections within Article V, entitled "General Standards," and Article VIII, entitled "Design Standards and Improvement Specifications," identified by an asterisk are considered to be variances pursuant to the above sections.
[Amended 9-25-1991 by Ord. No. 2859-91]
VETERINARY CLINIC OR HOSPITAL
See "animal care facility."
WALL SIGN
A sign attached to, painted on or erected against a wall or flat vertical surface of a structure which extends not more than 12 inches from the face of the structure.
WIND DEVICE
Any streamer, propeller, pennant or similar device that is activated by the wind.
WINDOW SIGN
A sign affixed to a window or visible through that window from the exterior.
YARD
An open unoccupied space on the same lot with a building and unobstructed from the ground to the sky.
YARD, FRONT
A yard extending the full width of the lot and not less in depth than the minimum distance required between the street line and the front yard building setback in each district.
YARD, REAR
A yard extending the full width of the lot between the extreme rear line of the principal building and the rear lot line.
YARD, SIDE
A yard between the principal building or attached structure and the adjacent side line of the lot and extending from the front yard to the rear yard.
ZONING PERMIT
The same as "development permit."
[Added 12-9-2003 by Ord. No. 3843-03]
[1]:
Editor's Note: See N.J.S.A. 40:55D-69.
[2]:
Editor's Note: See N.J.S.A. 40:55D-60.
[3]:
Editor's Note: The definition of "classification committee," which previously followed this definition, was repealed 2-9-1982 by Ord. No. 2068.
[4]:
Editor's Note: See N.J.S.A. 30:14-1 et seq.
[5]:
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[6]:
Editor's Note: This ordinance was repealed 2-10-2009 by Ord. No. 4173-09.
[7]:
Editor's Note: This ordinance was readopted 3-10-2009 by Ord. No. 4183-09.
[8]:
Editor's Note: The definition of "life-care facility or development," which previously followed this definition, added 11-25-1986 by Ord. No. 2452-86, was repealed 7-10-1991 by Ord. No. 2840-91.
[9]:
Editor's Note: See N.J.S.A. 40:55D-28. The former definition of “maximum lot coverage by buildings,” added 12-9-2003 by Ord. No. 3843-03, which immediately followed this definition, was repealed 5-28-2013 by Ord. No. 4403-13.
[10]:
Editor's Note: This ordinance also repealed the definition of "nursing home."
[11]:
Editor's Note: Former Subsection F, which pertained to establishment of a drainage fund, was repealed 3-11-1980 by Ord. No. 1909.
[12]:
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[13]:
Editor's Note: See N.J.S.A. 40:55D-12.
[14]:
Editor's Note: See N.J.S.A. 40:55D-23.
[15]:
Editor's Note: See N.J.S.A. 40:55D-76b.
[16]:
Editor's Note: See N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49, respectively.
[17]:
Editor's Note: See N.J.S.A. 13:9A-1 et seq.
[18]:
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
[19]:
Editor's Note: The definition of "Shade Tree Commission," which previously followed this definition, was repealed 2-9-1982 by Ord. No. 2068.
[20]:
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[21]:
Editor's Note: See N.J.S.A. 40:55D-65d.
[22]:
Editor's Note: See N.J.S.A. 40:55D-60, 40:55D-40b and 40:55D-70c and d, respectively.

§ 348-3 ARTICLE III: Administrative Procedures.

§ 348-3.1 Planning Board.

A. 
Establishment. The Planning Board presently in existence pursuant to P.L. 1975, c. 291, and Ordinance No. 1624 is hereby continued to consist of nine members of the following four classes:
(1) 
Class I: the Mayor.
(2) 
Class II: one of the officials of the Township other than a member of the Township Committee, to be appointed by the Mayor, provided that if, there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there are both a member of the Zoning Board of Adjustment and a member of the Toms River Regional Board of Education among the Class IV members or alternate members.
[Amended 3-11-1980 by Ord. No. 1909]
(3) 
Class III: a member of the Township Committee, to be appointed by it.
(4) 
Class IV: six other citizens of the Township of Toms River, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Toms River Regional Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there are among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
B. 
Terms.
(1) 
The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
(2) 
The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Toms River Regional Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.
(3) 
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be evenly distributed over the first four years after their appointment as determined by resolution of the Township Committee; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter all Class IV members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
C. 
Conflicts. No member of the Planning Board shall be permitted to act on any matter which he has, either directly or indirectly, any personal or financial interest. In the event that the Planning Board shall lack a quorum of members eligible to act upon an application due to either direct or indirect personal or financial interests therein, regular members of the Board of Adjustment shall be called to serve as temporary members of the Planning Board, in order of seniority of continuous service to the Board of Adjustment, until there is a minimum number of members necessary to constitute a quorum to act upon the matter without any direct or indirect personal or financial interest therein. If a choice has to be made between regular members of equal seniority, the Chairman of the Board of Adjustment shall make the choice.
[Amended 5-13-1992 by Ord. No. 2911-92]
D. 
Vacancies. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment, as above provided, for the unexpired term.
E. 
Removal. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Township Committee for cause.
F. 
Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary and Assistant Secretary who may be either a member of the Planning Board or a municipal employee designated by it.
G. 
Planning Board Attorney. There is hereby created the office of Planning Board Attorney. The Planning Board may annually appoint and fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Municipal Attorney.
H. 
Experts and staff. The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not exceed, however, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.
I. 
Powers and duties. The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply. The Planning Board shall have the following powers and duties:
(1) 
To make and adopt and from time to time amend a Master Plan for the physical development of the municipality, including any areas outside its boundaries which, in the Board's judgment, bear essential relation to the planning of the municipality, in accordance with the provisions of N.J.S.A. 40:55D-28.
(2) 
To administer site plan and land subdivision review in accordance with the provisions of this chapter and Article 6 of P.L. 1975, c. 291.
(3) 
To grant exceptions from certain requirements for subdivision and site plan approval pursuant to N.J.S.A. 40:55D-51.
(4) 
To approve conditional use applications in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.
(5) 
To consider and make report to the Township Committee within 35 days after referral as to any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass upon other matters specifically referred to the Planning Board by the Township Committee pursuant to the provisions of N.J.S.A. 40:55D-26b.
(6) 
To participate in the preparation and review of programs or plans required by state or federal law or regulations.
(7) 
To assemble data on a continuing basis as part of a continuing planning process.
(8) 
To annually prepare a program of municipal capital improvement projects over a term of six years, and amendments thereto, and recommend same to the governing body pursuant to the provisions of N.J.S.A. 40:55D-29.
(9) 
When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
(a) 
Variances, pursuant to N.J.S.A. 40:55D-70c, from lot area, dimensional, setback and yard requirements.
[Amended 3-11-1980 by Ord. No. 1909]
(b) 
Direction, pursuant to N.J.S.A. 40:55D-34, for issuance of permits for buildings or structures in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(c) 
Direction, pursuant to N.J.S.A. 40:55D-36, for issuance of permits for buildings or structures not related to a street.
Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit as the case may be.
(10) 
To review of capital projects pursuant to N.J.S.A. 40:55C-31.
(11) 
To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the Township Committee or other agencies or officers.
(12) 
The Township Committee may by ordinance provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority thereon. Such reference shall not extend the time for action by the referring body, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by ordinance to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.
J. 
Time limits for approvals.
[Amended 7-10-1979 by Ord. No. 1860; 3-11-1980 by Ord. No. 1909; 6-11-1985 by Ord. No. 2329-85; 5-13-1992 by Ord. No. 2911-92]
(1) 
Minor subdivision.
(a) 
Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer or within such further period of time as may be consented to by the applicant.
(b) 
Approval of a minor subdivision shall expire 190 days from the date of adoption of the resolution of approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law[1] or a deed clearly describing the approved minor subdivision if filed with the county recording officer, the Township Engineer and the Township Tax Assessor. Any such deed or plat shall be signed by the Chairman and Secretary of the Planning Board prior to acceptance for filing by the county recording officer.
[1]:
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(c) 
Effect of approval. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of adoption of the resolution of approval, provided that the approved minor subdivision shall have been duly recorded as provided herein.
(d) 
Extension of time for filing. The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection J(1)(b) above, if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued such approvals. Such extension shall be for a period of time equal to the period which the Planning Board finds that filing was delayed by the wait for the other approvals. The developer may apply for the extension either before or after what would otherwise be the date of expiration.
(e) 
Extension of approval. The Planning Board shall grant an extension to minor subdivision approval if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and the developer applied promptly for and diligently pursued these approvals. This period of extension shall be for a period of time not to exceed one year from what would otherwise be the expiration date. A developer shall apply for this extension before the later of what would otherwise be the date of expiration of minor subdivision approval or the lapse of 91 days from the date of the receipt by the developer of the last of the legally required approvals from other governmental entities.
(2) 
Minor site plans.
(a) 
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.
(b) 
Effect of minor site plan approval. Minor site plan approval shall confer upon the applicant the right that the general terms and conditions upon which minor site plan approval is granted shall not be changed for a period of two years.
(c) 
Extension of approval. The Planning Board shall grant an extension if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental agencies and that the developer applied promptly for and diligently pursued these approvals. This period of extension shall be for a period of time not to exceed one year from what would otherwise be the expiration date. A developer shall apply for this extension before the later of what would otherwise be the date of expiration or lapse of 91 days of the date of receipt by the developer of the last legally required approvals from the other governmental entities.
(3) 
Preliminary site plan approval. Upon the submission to the Administrative Officer of a complete application for a site plan which involves 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a completed application for a site plan which involves more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.
(4) 
Preliminary major subdivision approval. Upon submission of a complete application to the Administrative Officer for a subdivision of 10 or fewer lots, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application to the Administrative Officer for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.
(5) 
Effect of preliminary approval.
(a) 
Preliminary approval of a major subdivision or of a site plan shall, except as otherwise provided herein, confer upon the applicant the following rights for a three-year period from the date of adoption of the resolution of preliminary 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; layouts and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements, and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41; 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 the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
[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 year, but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards shall govern.
(b) 
In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection J(5)(a)[1], [2] and [3] above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards shall govern.
(c) 
Whenever the Planning Board grants an extension for preliminary approval pursuant to Subsection J(5)(a)[3] or (b) above, and preliminary approval has expired before the date of the grant of the extension, the extension shall revive preliminary approval and date from what was otherwise the date of expiration. The developer may apply for the extension either before or after what would otherwise be the date of expiration.
(d) 
The Planning Board shall grant an extension to preliminary approval if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from proceeding with development because of delays in obtaining legally required approvals from other governmental entities and the developer applied promptly for and diligently pursued these approvals. This period of extension shall be for not more than one year from what would otherwise be the expiration date. The developer shall apply for this extension before the later of what would otherwise be the date of expiration of preliminary approval or less than 91 days from the date of receipt by the developer of the last of the legally required approvals from other governmental entities. Any extension granted pursuant to this subsection shall not preclude the power of the Planning Board to grant extensions pursuant to Subsection J(5)(a)[3] and/or (b) of this section.
(6) 
Final approval.
(a) 
Application for final subdivision or site plan approval shall be granted or denied within 45 days of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.
(b) 
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly flied by the developer with the county recording office, the Township Engineer and the Township Tax Assessor. The Planning Board may, for good cause shown, extend the period for recording an additional period not to exceed 190 days from the date of the signing of the plat. The Planning Board may extend the ninety-five- or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and the developer applied promptly for and diligently pursued these approvals. Such extension shall be equal to the period of delay caused by the wait for the required approvals as determined by the Planning Board, and the developer may apply for such extension either before or after the original expiration date.
(7) 
Effect of final approval.
(a) 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer at preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two years after the date of the adoption of the resolution of final approval, provided that in the case of a major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the required time period. If the developer has followed the standards prescribed for final approval and in the case of a subdivision, has duly recorded the plat, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of P.L. 1975 c. 291, the granting of final approval terminates the time period of the rights conferred by preliminary approval for the section granted final approval.
(b) 
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant rights for such period of time longer than two years as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(c) 
Whenever the Planning Board grants extension to final approval pursuant to Subsection J(7)(a) or (7)(b) above, and final approval has expired before the date of the grant of the extension, the extension shall revive final approval and date from what was otherwise the date of expiration. The developer may apply for the extension before or after what would otherwise be the date of expiration.
(d) 
The Planning Board shall grant an extension to final approval if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and the developer applied promptly for and diligently pursued these approvals. This period of extension shall be for not more than one year from what would otherwise be the date of expiration of final approval. The developer shall apply for this extension before the later of what would otherwise be the date of expiration of final approval or the lapse of 91 days from the date of receipt by the developer of the last legally required approvals from other governmental entities. Any extension granted pursuant to this subsection shall not preclude the power of the Planning Board to grant extensions pursuant to Subsection J(7)(a) or (7)(b).
(e) 
Any application for extension of final approval shall be made in conformance with the notice requirements of N.J.S.A. 40:55D-12 and a public hearing shall be held thereon. At such public hearing the applicant shall have the burden of coming forward with reasons why the final approval shall be extended for the requested period of time or in case of an extension pursuant to Subsection J(7)(d) above, the developer's pursuit of other required approvals and the periods of time which the development was delayed by wait for other governmental approvals.
(8) 
Combined preliminary and final major subdivision or major site plan approval.
(a) 
An applicant may request and the Planning Board may consent to accept an application for development for combined preliminary and final major subdivision or major site plan approval, provided that:
[1] 
The proposed development is not to be constructed in sections or stages.
[2] 
The applicant pays the application fees and provides all submissions required for both preliminary and final applications.
[3] 
Any notice of hearing requirements applicable to the preliminary plat stage are complied with.
(b) 
Any approval granted by the Planning Board on such combined application shall confer upon the applicant all the rights set forth in this section for final approval.
(9) 
Conditional uses. The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Administrative Officer or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use shall also include site plan review pursuant to Article VI of this chapter. The time period for approval of conditional uses by the Planning Board shall apply to such site plan review.
(10) 
Review in lieu of Board of Adjustment. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60 and § 348-3.1I(9) of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Applications for variances and conditional uses and/or directives for issuance of a building permit shall be heard by the Board in conjunction with the hearing on a minor subdivision, minor site plan, subdivision plat or site plan. The applicant may elect to submit a separate application requesting approval of the 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. 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 approvals 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 Zoning Plan and Zoning Ordinances.
(11) 
Failure to act. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it 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 subdivision plats.
K. 
Advisory Committee. The Mayor may appoint one or more persons as a Citizens' Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor.
L. 
Environmental Commission. Whenever the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the municipality, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
M. 
Simultaneous review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.
N. 
Continuance of hearing. When any hearing before the Planning Board shall carry over one or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him a transcript or recording of the meeting from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.
[Amended 3-11-1980 by Ord. No. 1909]
O. 
Pursuant to N.J.S.A. 40:55D-23.1, P.L. 1979, c. 216, there are hereby created the positions of two alternate members of the Planning Board, who shall be appointed by the appointing authority for Class IV members and shall meet the qualifications of Class IV members. The alternate members shall serve for terms of two years from the date of appointment; provided, however, that in the event that two alternate members are appointed initially, their initial terms shall be one and two years, respectively. Such alternate members shall be designated by the Mayor as "Alternate No. 1" and "Alternate No. 2." A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only. The alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any Class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
[Added 2-11-1980 by Ord. No. 1905; amended 3-11-1980 by Ord. No. 1909]

§ 348-3.2 Zoning Board of Adjustment.

A. 
Establishment. The Zoning Board of Adjustment presently in existence pursuant to P.L. 1975, c. 291, and Ordinance No. 1624 is hereby continued. The Zoning Board of Adjustment shall consist of seven regular members and may have not more than four alternate members. Alternate members shall be designated at the time of appointment by the authority appointing them as "Alternate No. 1," "Alternate No. 2," "Alternate No. 3" and "Alternate No. 4." The terms of the members first appointed under this act shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of each regular member shall be four years, and the term of each alternate member shall be two years. No member may hold any elective office or position under the municipality. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, alternate members shall vote in the order of their numerical designations.
[Amended 3-11-1980 by Ord. No. 1909; 7-9-2013 by Ord. No. 4409-13]
B. 
Terms. The members of the Board of Adjustment shall continue in office until their respective terms expire.
C. 
Conflicts. No member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest, and no member may hold elective office or position under the municipality. If the Board of Adjustment lacks a quorum because so many of its regular and alternate members are prohibited from acting on a matter due to their personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve for this matter only as temporary members of the Board of Adjustment in order of seniority of continuous service to the Planning Board until there are a minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, either direct or indirect If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice.
[Amended 5-13-1992 by Ord. No. 2911-92]
D. 
Vacancies. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only, as here and above provided.
E. 
Removal. A member may, after public hearing if he requests one, be removed by the Township Committee for cause.
F. 
Officers. The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also select a Secretary who may or may not be a Board member or another municipal employee.
G. 
Board of Adjustment Attorney. There is hereby created the office of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint and fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Municipal Attorney.
H. 
Experts and staff. The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.
I. 
Rules and regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.
J. 
Powers of Zoning Board of Adjustment. The Board of Adjustment shall have the power to:
(1) 
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the Zoning Ordinance.
[Amended 3-11-1980 by Ord. No. 1909; 6-11-1985 by Ord. No. 2329-85]
(a) 
Appeals to the Board of Adjustment may be taken by any interested party. Each appeal shall be taken within the 20 days prescribed by N.J.S.A. 40:55D-72 by filing a notice of appeal with the office from whom the appeal was taken, together with three copies of said notice with the Secretary of the Board of Adjustment. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(b) 
An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
(c) 
The Board of Adjustment may, in conformity with the provisions of P.L. 1975, c. 291, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.
(2) 
Hear and decide requests for interpretation of the Zoning Map or Ordinance or for decisions upon other special questions upon which such board is authorized to pass by any Zoning or Official Map Ordinance in accordance with this Act.
[Amended 6-11-1985 by Ord. No. 2329-85]
(3) 
General variances.
[Amended 3-11-1980 by Ord. No. 1909; 6-11-1985 by Ord. No. 2329-85]
(a) 
Where, by reason of exceptional narrowness, shallowness or shape of a specific property; or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Article 8 of the Act[1] would result in peculiar and exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship.
[1]:
Editor's Note: See N.J.S.A. 40:55D-62 et seq.
(b) 
Where, in an application or appeal relating to a specific piece of property, the purposes of the Act would be advanced by a deviation from the zoning ordinance requirement and the benefit of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article 8 of the Act;[2] provided, however, that no variance from those departures enumerated in Subsection J(4) of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to Subsection 47a of the Act (N.J.S.A. 40:55D-60a).
[2]:
Editor's Note: See N.J.S.A. 40:55D-62 et seq.
(4) 
Additional variances.
[Amended 3-11-1980 by Ord. No. 1909; 6-11-1985 by Ord. No. 2329-85]
(a) 
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article 8 of the Act[3] to permit:
[1] 
A use or principal structure in a district restricted against such use or principal structure.
[2] 
An expansion of a nonconforming use.
[3] 
Deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use.
[4] 
An increase in the permitted floor area ratio as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4).
[5] 
An increase in the permitted density as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4), except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this subsection shall be granted only by affirmative vote of at least five members, in the case of a municipal board, or 2/3 of the full authorized membership, in the case of a regional board pursuant to Article 10 of the Act.[4]
[4]:
Editor's Note: See N.J.S.A. 40:55D-77 et seq.
[6] 
Height of a principal structure which exceeds by the greater of 10 feet or 10% the maximum height permitted in the zone district for a principal structure.
[Added 5-13-1992 by Ord. No. 2911-92]
[3]:
Editor's Note: See N.J.S.A. 40:55D-62 et seq.
(b) 
No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinances. In respect of any airport hazard areas delineated under the Air Safety and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this section permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that act except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
(5) 
Direct issuance of a permit pursuant to NJ.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved on the Official Map, except if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit.
[Amended 5-13-1992 by Ord. No. 2911-92]
(6) 
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street except if the proposed development requires approval by Planning Board of a subdivision, site plan or conditional use in conjunction with the Planning Board has power to direct the issuance of a permit
[Amended 5-13-1992 by Ord. No. 2911-92]
K. 
Referral. The Board of Adjustment may, at its option, refer an application to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
[Amended 6-11-1985 by Ord. No. 2329-85]
L. 
Time for decision. The Board of Adjustment shall render its decision not later than 120 days after the date that an appeal is taken from the decision of a municipal officer or of the submission of a complete application for development to the Administrative Officer. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the applicant for approval of the variance. The period for granting or denying any subsequent approval shall be otherwise provided in this act. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to failure of the Board of Adjustment to act shall be issued on request of the applicant, and it 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 subdivision plats.
[Amended 3-11-1980 by Ord. No. 1909]
M. 
Appeal to the governing body. Any interested party may appeal to the Township Committee any final decision of the Board of Adjustment approving an application for development subject to Article III, § 348-3.2J(4), of this chapter, pursuant to the provisions of N.J.S.A. 40:55D-17. An affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse or remand to the Board of Adjustment or to impose or alter conditions to any final action of the Board of Adjustment. Otherwise, the final action of the Board of Adjustment shall be deemed to be affirmed; a tie vote of the governing body shall constitute affirmation of the decision of the Board of Adjustment.
[Amended 2-23-1988 by Ord. No. 2548-88; 5-13-1992 by Ord. No. 2911-92]
N. 
Expiration of variance. Any variance hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such development has actually been commenced, within a time period specified by the Board of Adjustment from the date of publication of the notice of the judgment or determination of the Board of Adjustment; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the Township Committee, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding. Where subdivision or site plan approval is required, the period of time for commencement of the development specified by the Board of Adjustment shall be the same as the period of time for which other rights are conferred upon the applicant by such subdivision or site plan approval pursuant to the provisions of this chapter.

§ 348-3.3 Provisions applicable to both Planning Board and Zoning Board of Adjustment.

A. 
Meetings.
(1) 
Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
(2) 
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to the Board's members and the public in accordance with all applicable legal requirements.
(3) 
No action shall be taken at any meeting without a quorum being present.
(4) 
All actions shall be taken by majority vote of a quorum except as otherwise required by any provision of P.L. 1975, c. 291.
(5) 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, P.L. 1975, c. 231.
B. 
Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney; the action taken by the Board; and the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes in an amount sufficient to cover the cost of such reproduction.
C. 
Hearings.
(1) 
Rules. The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development and shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of P.L. 1975, c. 291, or of this chapter.
(2) 
Filing of documents. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Administrative Officer. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
(3) 
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
(4) 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(5) 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
(6) 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
D. 
Notice requirements for hearing. Whenever public notice of a hearing is required on an application, the applicant shall give notice thereof at least 10 days prior to the date of the hearing in accordance with the following:
[Amended 3-11-1980 by Ord. No. 1909; 2-9-1982 by Ord. No. 2068; 4-11-1990 by Ord. No. 2729-90; 5-13-1992 by Ord. No. 2911-92; 2-22-1995 by Ord. No. 3084-95]
(1) 
Public notice of a hearing on an application shall be given for all of the following:
(a) 
Appeal, interpretation or variance pursuant to N.J.S.A. 40:55D-70 or any subsequent application pursuant to N.J.S.A. 40:55D-12a.
(b) 
Directive for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
(c) 
Conditional uses pursuant to N.J.S.A. 44:55D-67.
(d) 
Preliminary subdivision plats or extension of such approval or extension of statutory guaranties.
(e) 
Conventional preliminary site plans which:
[1] 
Contain proposed buildings or proposed building additions with a total new floor area in excess of 20,000 square feet; or
[2] 
Contain proposed additional off-street parking areas for 100 or more vehicles.
(f) 
Planned development preliminary site plans or extension of such approval or extension of statutory guaranties.
(g) 
Extension of minor subdivision or minor site plan approval of a variance pursuant to N.J.S.A. 40:55D-70, conditional use permit pursuant to N.J.S.A. 40:55D-67 or direction for issuance of building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36 was granted as part of the preceding application.
(h) 
Extension of approval or extension of statutory guaranties for any final subdivision or final site plan application.
(i) 
Extension of approval or extension of statutory guaranties for any preliminary site plan.
(j) 
Any application to the Board of Adjustment for a certificate of nonconformance pursuant to N.J.S.A. 40:55D-68.
(k) 
Any request to the Planning Board for a zoning change recommendation to the Township Committee.
(l) 
Any request to establish an aircraft landing area.
[Added 8-26-1997 by Ord. No. 3283-97]
(2) 
Public notice shall be given by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.
(3) 
Notice of hearing requiring public notice pursuant to this section shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located, provided that this requirement shall be deemed satisfied by notice to the condominium association in the case of any unit owner whose unit has a unit above or below it or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Such notice shall be given by serving a copy thereof on the owner, as shown on said current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common element or area located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
(4) 
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to § 348-3.3D(3) of this chapter to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(5) 
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on all applications for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
(6) 
Notice shall be given by personal service or certified mall to the Commissioner of the New Jersey Department of Transportation of a hearing on any application for development of property adjacent to a state highway.
(7) 
Notice shall be given by personal service or certified mail to the State Planning Commission of any hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Administrative Officer pursuant to N.J.S.A. 40:55D-106.
(8) 
Notice to local utilities, public utilities and cable television companies. Notice of hearings on applications for approval requiring public notice pursuant to Subsection D(1)(d), (e), (f), (h) and (i) above, shall be given by person service or certified mail to all local and public utilities and all cable television companies that possess a right-of-way or easement within the Township which have registered with the Administrative Officer. Said notice shall be given in the same manner as notice given to property owners to the person named on the registration form submitted.
(9) 
The applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
(10) 
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
(11) 
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing; the nature of the matters to be considered; identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office; and the location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.
E. 
List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Administrative Officer shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10 or $0.25 per name of property owner furnished, whichever amount is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 348-3.3D(3) of this chapter.
[Amended 3-28-2006 by Ord. No. 3992-06]
F. 
Decisions.
(1) 
Each decision on any application for development shall be set forth in writing as a resolution of the Board, which resolution shall include findings of fact and legal conclusions based thereon.
(2) 
A copy of the decision shall be mailed by the Administrative Officer within 10 days of the date of decision to the applicant, or if represented then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee in an amount sufficient to cover the cost of such mailing. A copy of the decision shall also be filed by the municipal agency in the office of the Administrative Officer. The Administrative Officer shall make a copy of such filed decision available to any interested party for a reasonable fee in the amount sufficient to cover the cost of such copy and available for public inspection at his office during reasonable hours.
(3) 
A brief notice of the decision shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant, and proof of publication shall be submitted to the Administrative Officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
G. 
Conditional approvals.
(1) 
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with the provisions of P.L. 1975, c. 291, and this chapter, and, if such application for development complies with the provisions of this chapter, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.
(2) 
In the event that development proposed by an application for development requires an approval of a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the municipal agency shall make a decision on any application for development within the time period provided in this chapter and P.L. 1975, c. 291, or within an extension of such period as has been agreed to by the applicant unless the municipal agency is prevented or relieved from so acting by the operation of law.
(3) 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the municipal agency 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.
H. 
Tolling of running of period of approval. In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval shall be suspended for the period of time said legal action is pending or such directive or order is in effect.[1]
[1]:
Editor's Note: Former Subsection I, which immediately followed this subsection and pertained to payment of taxes, was repealed 2-9-1982 by Ord. No. 2068.

§ 348-3.4 Fees.

[Amended 2-9-1982 by Ord. No. 2068; 9-14-1982 by Ord. No. 2116; 5-22-1984 by Ord. No. 2244-86; 6-9-1987 by Ord. No. 2494-87; 1-26-1988 by Ord. No. 2539-88; 1-26-1988 by Ord. No. 2541-88; 8-14-1991 by Ord. No. 2848-91; 12-26-1991 by Ord. No. 2881-91; 4-8-1992 by Ord. No. 2906-92; 6-28-1995 by Ord. No. 3110-95; 9-24-1996 by Ord. No. 3196-96; 9-12-2000 by Ord. No. 3551-00; 7-23-2002 by Ord. No. 3713-02; 9-28-2004 by Ord. No. 3899-04; 11-9-2004 by Ord. No. 3915-04; 12-27-2005 by Ord. No. 3980-05]
A. 
Application and escrow review fees.
(1) 
The following fees shall be due and payable in connection with the following categories of land use development applications submitted to the Township Planning Board and Board of Adjustment (hereinafter referred collectively as "the Board"). The fee denoted as "Application Fee" shall be nonrefundable and shall be used solely to cover the administrative and overhead costs associated with the processing of the application. The fee denoted as "Escrow Review Fee" shall be utilized exclusively to cover the cost of professional reviews of the application by the engineers, planners, attorneys and other professionals retained by the respective reviewing Board and other reviewing agencies of the Township. No application may be deemed complete until all applicable nonrefundable application fees and escrow review fee deposit have been paid.
(2) 
All volunteer fire and first aid squads located within the Township of Toms River serving the residents of the Township of Toms River which are holders of tax-exempt status under the Federal Internal Revenue Code of 1954 [26C U.S.C. § 501(c) or (d)] and the Toms River Regional Board of Education, the Toms River Municipal Utilities Authority, The Board of Fire Commissioners (Toms River Township District Number 1 and 2), any municipal agency, the County of Ocean, the State of New Jersey and the federal government or any of their agencies are hereby exempt from the payment of any fee charged pursuant to this section.
[Amended 5-25-2010 by Ord. No. 4268-10]
Application Category Nonrefundable Application Fee Escrow Review Fee Deposit
Administrative Approvals
Development/zoning permits
Single-family residential accessory structures, fences and additions not exceeding 150 square feet $50 0
New single-family residential dwellings and additions exceeding 150 square feet $75 0
All other categories $75 0
Subdivision certificate $50 0
Nonconforming use certificate (N.J.S.A. 40:55D-68)
Zoning Officer Review $100 0
Board of Adjustment Review $100 $1,000
Subdivision exemption certificate $50 0
Zoning regulation compliance certificate $100 0
Street/easement vacation request $250 $750
Subdivisions
Minor $750 $1,000
Resubdivisions (lot line adjustment (no additional lots created) $300 $500
Preliminary major $750, plus $25 per lot $2,500, plus $50 per lot
Final major $750 $1,000
Map filing review (all subdivisions) $50 0
Fire safety review fee
Minor $100 0
Preliminary major $150 0
Tax Map maintenance fee
Minor $100 0
Final major $20 per lot/unit (minimum $250) 0
Site plans
Conditionally exempt $300 $500
Minor $500 $1,000
Preliminary major $1,500 $2,500 plus $100 per acre or portion thereof
Site plan exemption request $300 $500
Note: In cases where only a portion of the parcel or site are to be involved in the proposed site plan, site area charge shall be based upon an area extending 20 feet outside the limits of all construction, including grading and landscaping, but not beyond the site limits.
Final major $500 $1,000
Fire safety review
Minor site plan $100 0
Major site plan $150 0
Tax map maintenance fee (if required) $20 per lot/unit (minimum $250) 0
Variances
N.J.S.A. 40:55D-70c
Single- or two-family in-ground pools and detached garages $100 $600
All other single- or two-family residential accessory structures (decks, sheds, fences and other similar structures) $100 $150
Undersized/nonconforming lots or principal structures, additions and other single- or two-family residential applications $250 $1,500
Commercial/multifamily residential/residential subdivisions $750 $2,000
N.J.S.A. 40:55D-70d
One single- or two-family residential dwelling $250 $1,500
Commercial/multifamily residential/variances related to residential subdivisions $500 $2,000
N.J.S.A. 40:55D-34 40:55D-35 $300 $1,000
Other
Appeals (N.J.S.A. 40:55D-70a) $100 $750
Interpretation (N.J.S.A. 40:55D-70b) $100 $750
Conditional use $500 $1,000
Zone change request $500 $1,500
Informal review of proposed site plan/subdivision or landscape/architectural review not in conjunction with site plan $300 $500
Note: If application for development for preliminary plat of a major site plan or subdivision is filed within one year from the date of approval of a sketch plat, the application fees paid for the sketch plat may be deducted from the above fees.
Amended applications requiring formal hearing $50% of total base fee(s) 50% of total base fee(s)
Note: For the purpose of this subsection, "base fee" include all prior fees including variances, design exception and plat waivers.
Amended application not requiring Board approval/field changes $100 $250
Amended resolution $100 $300
Request for waiver of design standards (Article V or VII) $100 per waiver 0
Requests for waiver of map details (Article VI)
Minor subdivision or site plan $50 per wavier/$250 max. 0
Major subdivision or site plan $50 per waiver/$750 max. 0
Requests for extension of approval or time (per year or portion thereof.
Minor subdivision and minor site plan: $500 $500
Major subdivision and major site plan: $500 $500
(a) 
Reproduction fees: $25 per sheet of the subdivision map(s) to be filed.
(b) 
Special meetings (requested by applicant): $2,000 per meeting, (3 hours maximum), excluding escrow review fees
(3) 
Amended application (formal hearing). After the Planning Board or Zoning Board of Adjustment has granted approval, an applicant may request amended approval. An amended approval shall be required for any request to increase the approved number of lots or units; to increase the floor area of any commercial or multifamily residential structure; increase the number of required or proposed parking spaces; to substantially modify any significant design detail, including but not limited to grading, drainage, street design or layout, landscaping or architectural design, curbs and sidewalks; to eliminate or modify any condition of approval; or create any new variance or design waiver relief.
(4) 
Amended application/field change approval (Board review required). Where minor changes in the plans have been made by the applicant or requested by other governmental agencies, whose approval was a condition of the Board's approval, involving no additional building area, parking or significant change in design and where such changes are technical in nature and do not affect the basis upon which the approval was granted, and do not require changes in any condition of approval, the applicant, through the Board Engineer, may request that the Board administratively approve the changes. Said administrative approval shall be considered during the next available Board meeting. Additional copies of the plat incorporating the changes as necessary for distribution must be submitted to the Board Engineer.
B. 
Resolution compliance review fee. As a condition of any approval granted by the Board, the applicant shall post an additional escrow fee deposit in an amount equal to 25% of the base escrow fee under Subsection A, unless the Board Clerk determines that funds exist in the applicant's escrow account greater than or equal to 25% of the base escrow fee. Said additional fee shall be posted at the time that the plans, which have been revised in accordance with the resolution of approval, are submitted for compliance review.
C. 
Bond estimate preparation fee. Upon determination by the Board professionals that the plans have been revised in conformance with the resolution of approval, the applicant shall submit a quantity estimate and request the Township Engineer to prepare an estimate of the installation costs of the associated improvements of the approved development. The cost of the preparation of this estimate shall be reimbursed from the escrow review fees previously paid by the applicant.
D. 
Disposition of escrow review fees. The Chief Financial Officer (hereinafter "CFO") of the Township shall segregate the escrow review fees in individual accounts pursuant to N.J.S.A. 40:55D-53.2. Thereafter, the reviewing professionals shall prepare and submit vouchers to the CFO on a monthly basis in accordance with the schedules and procedures of the Township. Said voucher shall identify the personnel performing the service, the date the service was performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred. If the services are provided by a municipal employee, said employee shall prepare and submit to the CFO on a monthly basis a statement containing the same information as required on a voucher. The municipal employee shall charge the escrow account an amount equal to 200% of the sum of the product resulting from multiplying the hour base rate of the employee by the number of hours spent by the employee in reviewing the application or the inspection of the developer's improvements. The method of the notification to the applicant of the charges applied against the escrow account and the close-out procedure relating to the escrowed funds shall be in accordance with the provisions of N.J.S.A. 40:55D-53.2c and d, respectively.
E. 
Disposition of escrow review fees in excess of $5,000. Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with a municipality for professional services employed by the Township to review applications for development, for municipal inspection fees in accordance with N.J.S.A. 40:55D-53h or to satisfy the guarantee requirements of N.J.S.A. 40:55D-53a, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided in this section, shall continue to be the property of the applicant and shall be held in trust by the Township. Money deposited shall be held in escrow. The municipality receiving the money shall deposit it in a banking institution or savings and loan association in this state insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
F. 
Escrow deficiency/replenishment. When it has been determined by the Board Clerk that an escrow account has been depleted by 75% of the original fee or that there exists a deficiency in the escrow account, the Township shall so notify the applicant of the same, via first class mail, and the applicant shall pay any deficiency and replenish the escrow account in an amount equal to 50% of the original escrow deposit. Said payment shall be made to the Township within 10 days following the mailing of the notice. Failure of the applicant to pay any deficiency and/or replenish the escrow account within this time period shall result in the suspension of all work associated with the review, processing and/or inspection of the application until the required payment is made. Notice of the suspension of the review shall be sent to the applicant in a subsequent mailing via first class mail. In the event that said deficiency/replenishment payment is not received by the Township within 20 days of said subsequent mailing, then the Board may dismiss the pending application without prejudice without further notice to the applicant. Any resubmission of an application so dismissed will require the submission of a new complete application, including all associated nonrefundable application fees and escrow deposits.
G. 
Refund of escrow deposits.
(1) 
Upon completion of the application and at the time that the applicant posts all required inspection fees (see Subsection H below), any unused escrow deposits shall be refunded to the applicant. Prior to the execution of a subdivision map or site plan by the appropriate Board officials or the issuance of a zoning permit or building permit, the Board Clerk shall require written confirmation from the Board professionals that there are no outstanding fees in conjunction with the application that are to be charged to the escrow account. In the event that additional fees to be charged to the escrow account are submitted and there is not sufficient funds to pay said fees, the applicant shall be notified to post such additional escrow deposit prior to the execution and release of the subdivision maps or site plan or the issuance of a zoning or building permit.
(2) 
In the event an application is denied, all unused escrow deposits shall be refunded to the applicant within 90 days of the date of the adoption of the resolution of denial.
H. 
Applicant notification to dispute charges and appeal.
(1) 
An applicant shall notify in writing the governing body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to the provisions of this section. The governing body, or its designee, shall within a reasonable time period attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals established under N.J.S.A. 52:27D-127 any charge to an escrow account or a deposit by any municipal professional or consultant or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or his authorized agent shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by this section, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account. An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(2) 
During the pendency of any appeal, the municipality or approving authority shall continue to process, hear and decide the application for development, and to inspect the development in the normal course, and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
I. 
Inspection fees.
(1) 
Prior to the signing and recording of the final subdivision plat or the signing and release of the final site plan map or as a condition to the issuance of a zoning permit for the proposed development, the developer shall post a performance guarantee in favor of the Township in an amount equal to 120% of the estimated cost of the associated improvements and shall also post a deposit in the escrow fund to cover the Township's cost for inspecting said improvements in an amount equal to the greater of $500 or 5% of the estimated cost of said improvements.
(2) 
For those developments for which the inspection fees are less than $10,000, the inspection fees may, at the option of the developer, be paid in two installments. When the balance on deposit drops to 10% of the total inspection fee amount because the deposit paid by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining 50% of the inspection fee. For those developments for which the inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial deposit shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the total inspection fee amount because the deposit paid by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the total inspection fee amount. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
(3) 
In the event that the development project has been approved in phases or sections pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall be applied by phases or sections.
J. 
Educational fee. Pursuant to N.J.S.A. 40:55D-8(b), the following fees shall be due and payable in connection with the following categories of land use development applications submitted to the Township Planning Board and Board of Adjustment (hereinafter referred collectively as "the Board"). The fee shall supplement the administrative fees currently charged to applicants and shall be nonrefundable and shall be used solely to offset requisite educational fees incurred by the Board. The fee denoted as “educational fee” shall be utilized exclusively to offset the cost of continuing educational costs and fees incurred by members of the Board as necessitated in order to maintain valid Board status. No application may be deemed complete until all applicable nonrefundable educational fees have been paid as follows:
[Added 10-24-2006 by Ord. No. 4046-06]
(1) 
Major subdivision, site plan approval: $50, due and payable at the time of application for preliminary approval.
(2) 
Variances pursuant to N.J.S.A. 40:55D-70(d): $50, due and payable at the time of application for a conditional use permit.
(3) 
Minor subdivision, minor site plan approval: $25, due and payable at time of submission of application.
(4) 
Variance pursuant to N.J.S.A. 40:55D-70(c) not connected with any other approval: $25, due and payable at time of submission of application.

§ 348-3.5 Site Plan Review Advisory Board.

A. 
Purpose. The purpose of establishing the Site Plan Review Advisory Board includes providing advice and assistance to the Planning Board in achieving the following specific objectives:
(1) 
To promote the goal of fostering civic pride in the beautiful and noble accomplishments of the past by promoting the protection, enhancement and perpetuation of such landmarks which represent or reflect elements of the Township's cultural, social, economic, political and architectural history.
(2) 
To promote the use of historic landmarks for the education, pleasure and welfare of the citizens of the Township and its visitors.
(3) 
To maintain and protect the environmental quality the various areas of the Township offer to their residents and the Township, including scenic vistas, landscaping, waterways and open spaces.
(4) 
To preserve and protect any unique architectural quality.
(5) 
To preserve and protect the quality of planning, including vehicular and pedestrian circulation, balance between buildings and open spaces and harmonious scale of development.
(6) 
To guide future development that is consistent with the existing character, quality and historic significance of the area.
(7) 
To channel private expenditures into development, beautification and maintenance of public areas, parks and landmark buildings.
(8) 
To promote the most desirable use of land and thus to conserve the value of the land and buildings, thereby protecting the Township's tax revenue.
(9) 
To encourage the provisions of facilities to serve visitors, such as recreation and parking facilities.
(10) 
To alleviate vehicular traffic congestion and promote pedestrian circulation.
(11) 
To promote the most desirable use of land in accordance with a well-considered plan to preserve the special character and quality of the Township.
B. 
Creation of the Site Plan Review Advisory Board is hereby authorized. The Board members shall be appointed by the Township Committee.
C. 
Membership and terms.
(1) 
The Board shall consist of five members, appointed to terms of three years. However, members first appointed shall be for the following terms:
(a) 
One member shall be appointed for a one-year term.
(b) 
Two members shall be appointed for a two-year term.
(c) 
Two members shall be appointed for a full three-year term.
(2) 
Thereafter, the successors of each member shall be appointed for the full term of three years. Two alternates may be appointed.
D. 
Qualification of members. Members shall have the following qualifications:
(1) 
A majority of members shall be persons educated, trained or licensed in the fields of architecture, planning, landscape architecture or engineering. At least one of the members shall be an architect. Members should be licensed professionals in the State of New Jersey and/or with professional degrees from an accredited higher education institution. Other fields considered important are ecology, education, architecture or art history, real estate, public relations and government.
(2) 
Not more than one municipal officer, official or employee may be appointed to the Site Plan Review Advisory Board.
(3) 
A member of the Planning Board shall be appointed as liaison to the Site Plan Review Advisory Board by the Chairman of the Planning Board but shall not have a vote on the Site Plan Review Advisory Board.
E. 
Organization. The Board shall elect a Chairman and Vice Chairman to preside at meetings, and the Board shall formulate rules and procedures for the conduct of business and shall meet regularly as appropriate to properly execute its review responsibilities.
F. 
Powers and duties. The Site Plan Review Advisory Board shall:
(1) 
Prepare and submit to the Planning Board, for its approval, architectural guidelines for the restoration of existing structures and new development in the Village Business Zone, the Village Seaport Zone and the Village Office Zone within 120 days (or such extension thereof as the Planning Board may approve) from the date of the first organizational meeting of the Advisory Board which shall be held not later than 30 days after appointment of the full membership of the Advisory Board.
(2) 
Prepare and submit to the Planning Board, for its approval, alternate site development regulations in the Village Business Zone, the Village Seaport Zone and the Village Office Zone within 90 days (or such extension thereof as the Planning Board may approve) from the date of Planning Board approval of the architectural guidelines cited above.
(3) 
Review all plans for the restoration of existing buildings and/or new developments in the Village Business Zone, the Village Seaport Zone and the Village Office Zone, and within 21 days of referral from the Planning Board make recommendations to the Planning Board based upon the architectural guidelines and the regulations of the zoning district.
(4) 
Review any other plans which the Planning Board may refer to the Site Plan Review Advisory Board and, within 21 days of such referral, make recommendations to the Planning Board.

§ 348-3.6 Enforcement.

The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Administrative Officer, who shall have such powers as are conferred upon him by this chapter and as reasonably may be implied. He shall be appointed as provided in the Administrative Code. In no case shall a development permit be granted for a subdivision or the construction of or alteration of any building or site where the proposed construction, alteration or use thereof would be in violation of any provisions of this chapter. It shall be the duty of the Administrative Officer to cause any building, plans or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of this chapter, and he shall have the right to enter any buildings or premises during the daytime, or other normal business hours of the premises, in the course of his duties.

§ 348-3.7 Certificates and permits.

A. 
Development permit.
(1) 
Development permits shall hereafter be secured from the Administrative Officer prior to filing of a subdivision; or the issuance of a building permit for the construction, erection or alteration of any structure or sign or part of a structure; or upon a change in the use of a structure or land; or prior to any use of or alteration of the natural condition of a parcel of land or the construction of any improvement above or below the ground. Where no building permit is required, the development permit shall be secured prior to the issuance of a certificate of occupancy.
(2) 
Prior to issuance of a development permit, the applicant shall have, where applicable, secured other required permits, including but not limited to:
(a) 
Access permit from the New Jersey Department of Transportation and/or Ocean County Engineering Department.
(b) 
Drainage permit from the New Jersey Department of Transportation.
(c) 
Stream encroachment permit from the New Jersey Department of Environmental Protection.
(d) 
Coastal Area Facility Review Act (CAFRA) permit from the New Jersey Department of Environmental Protection.
(e) 
Wetlands permit from the New Jersey Department of Environmental Protection.
(f) 
Riparian construction permit from the New Jersey Department of Environmental Protection.
(g) 
Sewage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection.
(h) 
Land disturbance permit from the Toms River Township Environmental Commission.
(i) 
Tree removal permit from the Toms River Township Environmental Commission.
(j) 
Floodplain permit as required by Chapter 313, Flood Damage Prevention, of the Code of the Township of Toms River.
(k) 
Wetlands permit required by Chapter 497, Watercourses and Coastal Wetlands, of the Code of the Township of Toms River.
(3) 
Plot plans and as-built survey.
[Added 9-23-2008 by Ord. No. 4158-08]
(a) 
Permit.
[1] 
Any permit relating to the following land development activities shall include the submission of two copies of a plot plan prepared by a professional engineer, licensed in the State of New Jersey:
[a] 
New single- or two-family residential dwellings including but not limited to new dwellings to be constructed on lots approved by a Toms River land use board;
[b] 
All additions to existing single- or two-family dwellings;
[c] 
In-ground swimming pools;
[d] 
Driveway expansions exceeding 150 square feet in total area;
[e] 
Curb installation;
[f] 
Any structure with a footprint exceeding 150 square feet in total area;
[g] 
Any regrading or disturbance of a lot exceeding 150 square feet in total area;
[h] 
Any new paving of a lot exceeding 150 square feet in total area.
[2] 
No permit for the above activities shall be issued until the submitted plot plan is reviewed and approved by the Township Engineer's office. This requirement is intended to be in addition to those of N.J.A.C. 7:8 with regard to minor/major projects as defined in said regulations.
(b) 
Individual plot plans should include the following information:
[1] 
Bearing and distances.
[2] 
North arrow; written and graphic scale.
[3] 
Existing/proposed easement and dedications.
[4] 
Existing/proposed building dimensions; pool dimensions.
[5] 
Existing/proposed sidewalks, driveways, and retaining walls.
[6] 
Building envelope graphically depicting and dimensioning zoning setback requirements and/or setbacks approved by the Board, if applicable.
[7] 
Street name, right-of-way width and pavement width of the street(s) fronting the lot.
[8] 
The title block on the plot plan which must include the property address, the block and lot number of the property in question and the name of the applicant.
[9] 
Limits of clearing and soil disturbance.
[10] 
Existing trees to be protected and remain.
[11] 
Location of wetlands and/or any other environmental constraints to the property. If there are no wetlands, then a note should be added to the plan stating that no wetlands exist on the subject property.
[12] 
Sufficient street elevations including center line, gutter and top of curb (if applicable); existing and proposed lot elevations to include, at a minimum, property corners, midpoints of property lines, building corners and center of lot; the finished first floor, basement and garage floor elevations of the proposed structure; top of pool and sidewalk elevations. All elevations shall be according to the NGVD (National Geodetic Vertical Datum) and the source of datum so noted. Any specific circumstances for which elevation requirements cannot be met will be subject to review by the Township Engineer and Construction Official on a case-by-case basis. Under no circumstances shall individual lots be graded in such a manner as to redirect stormwater runoff onto an adjacent and/or downstream property or disturb or change the existing drainage patterns of an adjacent lot. Drainage flow arrows shall be provided to clearly depict the directions of stormwater runoff. No grading or the creation of sump conditions shall be permitted on adjacent lot(s) unless permission has been specifically granted, in writing, by the owner of said adjacent lot(s).
[13] 
Location of any storm drainage pipes within 25 feet of the property including pipe size, grade, and invert.
[14] 
Lot grading which shall be designed to provide positive runoff with grades at a minimum slope of 2%.
[15] 
Other items that may be required by the Township Engineer for proper construction of the site.
(c) 
The Township Engineer will review the submitted documents and either disapprove or approve the submitted plot plan. The applicant will be notified if any revisions are required. (All plot plan reviews will be copied to the Construction Official.)
(d) 
The Construction Official shall not issue a construction permit until the Township Engineer approves the proposed individual plot plan.
(e) 
Each individual plot plan shall be drawn to a scale (not less than one inch equals 50 feet), signed and sealed by a professional, as defined in N.J.A.C. 13:40-7.3, licensed to practice in the State of New Jersey, and shall be no smaller than 8 1/2 inches by 14 inches.
(f) 
Plot plans of Board-approved projects shall match approved subdivision/site plans.
(g) 
If a basement is proposed, a subsurface soil investigation certified by a licensed engineer shall be submitted with the plot plan.
(h) 
The applicant shall submit a foundation survey prior to an inspection of the foundation for approval and backfilling. This survey shall include the location of the foundation. If the as-built survey establishes locations or elevations different from those submitted in the plot plan, changes in the proposed grading shall be noted.
(i) 
The applicant shall submit a final as-built topographical survey for new residential/commercial construction signed and sealed by a professional engineer or land surveyor prior to requesting a final certificate of occupancy (CO) inspection from the Township Engineer. An as-built survey of a swimming pool may be required at the discretion of the Township Engineer.
(j) 
A final inspection for a swimming pool is required from the Engineering Department prior to use.
(k) 
Fee. All plot plans shall be accompanied by a fee of $100.
B. 
Certificates as to approval of subdivision of land.
(1) 
The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three years preceding the effective date of P.L. 1975, c. 291, may apply in writing to the Administrative Officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board, and whenever such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
[Amended 3-11-1980 by Ord. No. 1909]
(2) 
The Administrative Officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said Officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
(3) 
Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land," and shall certify:
(a) 
Whether there exists in Toms River Township a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of P.L. 1975, c. 291.
(b) 
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.
(4) 
The Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to the municipality.
(5) 
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to the provisions of N.J.S.A. 40:55D-55 and § 348-3.11 of this chapter.
(6) 
If the Administrative Officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to N.J.S.A. 40:55D-55 and § 348-3.11 of this chapter.
(7) 
Any such application addressed to the Township Clerk shall be deemed to be addressed to the proper designated officer, and the Township shall be bound thereby to the same extent as though the same was addressed to the designated official.
C. 
Building permit. No building or structure shall be erected, restored, added to or structurally altered until a permit therefor has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the Building Code. No building permit shall be issued unless the applicant shall have first secured a development permit.
D. 
Certificate of occupancy.
(1) 
New uses.
(a) 
No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official. In addition, certificates of occupancy shall not be issued for any change of ownership, change of use or new use other than one- and two-family homes until approval shall have been received from the Toms River Township Bureau of Fire Prevention.
(b) 
Such certificate shall be issued upon application by the owner, prospective occupant or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Building Code and other codes and ordinances affecting construction and occupancy.
(c) 
A temporary certificate of occupancy may be issued pursuant to § 348-7.8 of this chapter for any structure or use for which site plan approval has been secured but for which not all conditions of approval have been complied with.
(2) 
Existing uses.
(a) 
At time of passage of this chapter. Upon written request from the owner, tenant, occupant or purchaser under contract, the Construction Official, after inspection, shall issue an occupancy permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms to the provisions of this chapter.
(b) 
Nonconforming uses and buildings. No change or extension of use and no alterations shall be made in a nonconforming structure, use or premises without an occupancy permit having first been issued by the Construction Official stating that such change, extension or alteration is in conformity with the provisions of this chapter or that same has been permitted by action of the Zoning Board of Adjustment or Planning Board.
(3) 
Change of use. Whenever there occurs a change in the use of a building, structure or land, a new certificate of occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. For the purposes of this section, "change in use" shall be broadly construed and shall, for example, include substitution of one type of retail trade use for another and of a particular industrial manufacturing use for another. A certificate of occupancy shall be obtained for each and every change and/or addition of commercial or industrial occupancy. The Construction Official may issue such certificate if the Administrative Officer determines that the requirements of this chapter are not more stringent than those of the previous occupancy and provided that the applicant has met the requirements of other applicable regulations.
(4) 
Scope of certificate of occupancy. The certificate of occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.
(5) 
Improvement required. No certificate of occupancy shall be issued until required improvements have been installed in accordance with the provisions of this chapter.
(6) 
Development permit required. No certificate of occupancy shall be issued for the use of any building, structure or land unless a development permit shall have first been issued for the use of such building, structure or land.
E. 
Certificate of nonconformance. Pursuant to N.J.S.A. 40:55D-68, any person interested in any land upon which a nonconforming use or structure exists may apply, in accordance with the following requirements, for the issuance of a certificate of nonconformance. Such application may be made to the Zoning Officer within one year of the adoption of the ordinance rendering such use nonconforming or at any time to the Board of Adjustment. The applicant shall have the burden of proof in all cases.
[Amended 2-22-1995 by Ord. No. 3084-95]
(1) 
The certificate of nonconformance shall state in what specific respects the use, building or lot does not comply with the provisions of this chapter.
(2) 
Application for a certificate of nonconformance shall be made on a printed form to be supplied by the Administrative Officer and shall contain accurate information as to use, the size and location of buildings or structures on the lot, the dimensions of all yards and open spaces and such other information as may be required to determine nonconformance.
(3) 
A record of all certificates of nonconformance shall be kept on file in the office of the Administrative Officer, and copies may be furnished, on request, to any person having a proprietary or tenancy interest in the building or land affected.
F. 
Land disturbance permit. Except as otherwise provided in Chapter 438, Soil Disturbance, of the Code of the Township of Toms River, a land disturbance permit shall be obtained from the Toms River Township Environmental Commission prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No land disturbance permit shall be issued until a development permit shall have first been issued for the subdivision, building, structure or use, except that the Planning Board and Township Engineer may authorize the issuance of a land disturbance permit prior to issuance of a development permit as provided for in § 348-6.9F or 348-6.10F of this chapter.

§ 348-3.8 Records.

A. 
It shall be the duty of the Administrative Officer to keep a record of all applications for and all development permits issued, together with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Township Committee and of other officials of the Township of Toms River.
B. 
The Administrative Officer shall prepare a monthly report for the Township Committee, summarizing for the period since his last previous report all development permits issued and all complaints of violations and the action taken by him consequent thereto. A copy of each such report shall be filed with the Township Tax Assessor at the same time it is filed with the Township Committee.

§ 348-3.9 Interpretation.

In the application and interpretation of this chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience and general welfare of the Township of Toms River. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

§ 348-3.10 Conflict with other laws; repealer.

Chapter 145, Zoning, and Chapter 134, Subdivision of Land, of the Code of the Township of Toms River, New Jersey, are hereby repealed in their entirety, and any portions of other ordinances which contain provisions inconsistent with this chapter are hereby repealed to the extent of such inconsistency, except that any building permit, variance, special use permit, occupancy permit or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance.

§ 348-3.11 Violations and penalties.

A. 
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist shall, for each and every day that such violation continues, be subject to a minimum fine of $100 for the first offense and a minimum fine of $200 for every subsequent offense and shall be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5, and as same shall be amended from time to time. Each and every day a violation of this chapter shall exist shall constitute a separate violation.
[Amended 5-13-1992 by Ord. No. 2911-92; 6-29-2010 by Ord. No. 4270-10]
B. 
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter pursuant to P.L. 1975, c. 291, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation. In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with § 348-3.7B of this chapter. 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 developer or his assigns or successors, to secure the return of any deposits made or purchase price paid and, also, to a reasonable search fee, survey expense and title-closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six years if unrecorded.
C. 
If, after final approval, it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the Planning Board or the Township Committee may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.
D. 
If the developer or agent of the developer, after notification by certified mail from the Township Engineer, fails to cease the construction of improvements, fails to cease the use of certain construction methods and procedures or fails to cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property, or continues to carry on the activities specifically prohibited in the cessation order(s) of the Township Engineer, then any such developer or agent of such developer shall be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5, and as same shall be amended from time to time. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order by the Township Engineer shall be considered a separate and specific violation.
[Amended 6-29-2010 by Ord. No. 4270-10]
E. 
Enforcement of conditions in a development approval.
[Added 6-29-2010 by Ord. No. 4270-10]
(1) 
In the event that the Construction Official, Zoning Officer or Code Enforcement Officer of the Township shall determine that any condition contained in a resolution or court order approving an application for development or any condition shown on any map that is part of a development approval is being violated, he/she shall notify the property owner, in writing, of his/her findings and order that the violation be corrected within 30 days of the notice. Conditions contained in a resolution approving an application for development and conditions shown on any map that is part of a development approval shall be deemed to be continuing conditions, and the property owner or subsequent transferees of the real property shall be responsible for the maintenance, replacement and repair of any improvements required by such conditions, including, but not limited to, the replacement of any required plantings which fail to survive.
(2) 
A property owner shall have the right to appeal the determination of the Construction Official, Zoning Officer or Code Enforcement Officer to the Division of Law by filing a written appeal with the Township Clerk no later than the expiration of the thirty-day period provided in the notice. Upon receipt of the appeal, the Division of Law shall establish a hearing date. The thirty-day period provided in the notice shall be tolled from the date of receipt of the notice of appeal by the Township Clerk until the date of the determination of the appeal by the Division of Law. The Division of Law may, as part of its determination of the appeal, allow a greater number of days to correct the violation.
(3) 
If the property owner fails to correct the violation within the time provided in the notice, or within such further time as may be allowed by the Division of Law in the event of an appeal, the Division of Law may order that the violation be corrected at the property owner's expense and may revoke the certificate of occupancy or certificate of approval for the property and require that it be vacated. If the Division of Law expends money to correct the violation, the amount of the expenditure shall become a lien on the real property and be subject to collection in the same manner as real property taxes.
(4) 
Any person or entity who fails to correct a violation after receiving written notice thereof and expiration of the time period in the notice shall be subject to the fines and penalties established in Subsection A above.

§ 348-3.12 Amendments.

[Amended 12-26-1990 by Ord. No. 2779-90]
All amendments to this chapter and to the Zoning Map, which forms a part hereof, shall be adopted in accordance with the provisions of P.L. 1975, c. 291,[1] as amended and supplemented. No amendment to this chapter or to the Township's Master Plan shall be effective until the Township has submitted such amendment to the Pinelands Commission for review pursuant to N.J.A.C. 7:50-3.45.
[1]:
Editor's Note: See N.J.S.A. 40:55D-1 et seq.

§ 348-3.13 Severability.

If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.

§ 348-3.14 Effect on pending and new applications.

A. 
After the effective date of this chapter, all new applications for development shall be subject to the provisions of this chapter. Within 45 days of submission of such application for development the Administrative Officer shall notify the developer in writing if an application for development is found to be incomplete, or it shall be deemed to be properly submitted and shall constitute a complete application 45 days after the date of submission. If a developer is notified that an application for development is incomplete, the Administrative Officer shall further notify the developer, within 45 days of submission of all the additional plans and supporting documentation requested, if an application for development is still found to be incomplete, or it shall be deemed to be properly submitted and shall constitute a complete application 45 days after submission of all the additional plans and supporting documentation requested.
B. 
All applications for development filed prior to the effective date of this chapter may be continued, subject to the following:
(1) 
The time limits for approval by the municipal agency set forth within this chapter shall not apply unless the developer shall notify the municipal agency in writing that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of Subsection A of this section and all other provisions of this chapter.
(2) 
If the developer does not notify the municipal agency that he desires the application for development to be considered within the time limits set forth in this chapter, such application for development shall be processed and acted upon pursuant to the procedures heretofore in effect at the time of such application.
(3) 
All approvals granted after the effective date of this chapter shall confer upon the applicant all the rights set forth in this chapter.

§ 348-3.15 Copy to be filed with County Planning Board.

Upon adoption of this chapter, the Township Clerk shall file a copy of this chapter with the Ocean County Planning Board as required by N.J.S.A. 40:55D-16.

§ 348-3.16 Pinelands Area development procedures.

[Added 12-26-1990 by Ord. No. 2779-90]
A. 
No person shall carry out any development which constitutes development under the provisions of the Comprehensive Management Plan within the Pinelands Area (Block 1, Lot 1, and Block 2, Lots 3080, 3081, 3082, 3083, 3084, 3085, 3086, 3087, 3088 and 3089) without obtaining a certificate of filing from the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34.
B. 
All development in the Pinelands Area must conform to the land use and development standards of the Comprehensive Management Plan pursuant to N.J.A.C. 7:50-5 and 7:50-6. To the extent that any of these Pinelands standards conflict with other requirements of this Code, the Pinelands requirements shall be followed.
C. 
All development approvals in the Pinelands Area shall be forwarded to the Pinelands Commission pursuant to the Pinelands notice and review procedures set forth in N.J.A.C. 7:50-4.3.
D. 
In the Pinelands Area, any local variance for an approval of residential development at a density that exceeds the maximum permitted in the R-800 Zone or for approval of residential development in the I Zone in which residential development is not permitted shall require that Pinelands development credits be used pursuant to N.J.A.C. 7:50-5.28(a)4, 5 and 6.

§ 348-4 ARTICLE IV: Nonconforming Uses, Lots and Buildings

[Amended 11-10-1980 by Ord. No. 1984; 11-9-2004 by Ord. No. 3918-04]

§ 348-4.1 Continuance of nonconforming uses and structures.

Except as otherwise provided in this chapter, the once lawful use of the land or a structure existing at the date of the adoption of this chapter may be continued although such use or structure does not now conform to the regulations specified by this chapter for the zoning district in which such use, lot or building is located.

§ 348-4.2 Abandonment.

A. 
Any cessation or discontinuance of a nonconforming use for a period of one year shall give rise to a rebuttable presumption that said nonconforming use has been abandoned. Such use shall not thereafter be reinstated, and any structures relating to said use shall not be reoccupied except in conformance with this chapter.
B. 
Any owner, tenant or any other person claiming an interest in the subject property contesting a finding of abandonment of a nonconforming use may appeal such determination to the Board of Adjustment pursuant to N.J.S.A. 40:55D-70a. Said appellant shall have the burden of proof in establishing the nonabandonment of the nonconforming use.

§ 348-4.3 Certification of nonconforming use or structure.

The prospective purchaser, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the administrative officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Board of Adjustment.

§ 348-4.4 Restoration and repair.

In conformance with N.J.S.A. 40:55D-68, any nonconforming use or structure existing at the date of the adoption of this chapter may be restored or repaired in the event of a partial destruction thereof. Any nonconforming use or structure which has been more than partially destroyed may not be restored or repaired.

§ 348-4.5 Nonconforming use; expansion.

No nonconforming use may be intensified, expanded or enlarged without the prior approval of the Board of Adjustment pursuant to N.J.S.A. 40:55D-70d(2).

§ 348-4.6 Nonconforming structures; expansion.

[Amended 12-18-2007 by Ord. No. 4123-07]
A. 
Any nonconforming single-family residential principal structure may be altered and/or improved, provided that said alteration or improvement does not result in the enlargement of the total square footage of the existing structure or the expansion of the existing footprint of the existing structure.
B. 
Any nonconforming single-family residential principal structure may be expanded and/or enlarged, provided that the following criteria are met:
(1) 
Said nonconforming structure is and/or contains a permitted use within the zoning district in which it is situated; and
(2) 
Said enlargement or addition is otherwise in compliance with the setback and height regulations of the zoning district in which the structure is located; and
(3) 
That said structure after the enlargement or addition continues to comply with the lot coverage and floor area ratio regulations of the zoning district in which the structure is located.
C. 
No nonconforming commercial, industrial or multifamily structure may be expanded or enlarged without the grant of a prior use variance [N.J.S.A. 40:55D-70d(2)] and/or site plan approval, as the case may be, by the appropriate municipal land use agency.
[Added 2-10-2009 by Ord. No. 4175-09]

§ 348-4.7 Nonconforming lots.

[Amended 10-11-2011 by Ord. No. 4331-11]
A. 
No nonconforming lot may be further reduced in size.
B. 
No nonconforming lot may be developed without the prior approval of the approving authority, except an existing single-family residential dwelling situated on a nonconforming lot may be expanded and/or enlarged, provided that such expansion and/or enlargement meets the criteria of § 348-4.6B(1), (2) and (3) and, further, permits for the construction of accessory structures on nonconforming single-family residential lots shall be issued provided that said accessory structures otherwise conform to the setback, height, lot coverage and other applicable requirements of the zoning district in which the nonconforming lot is located.
C. 
An existing undersized nonconforming lot in a single-family residential zoning district that is or was improved with a single-family dwelling may be developed, redeveloped, rebuilt, or reconstructed with a single-family dwelling without the need for a variance if such development can meet all lot coverage, front, side and rear yard setback requirements for the zone.

§ 348-4.8 Reversion of nonconforming use.

No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.

§ 348-4.9 Prior approved construction.

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and substantial construction has taken place prior to the date of the adoption of this chapter.

§ 348-4.10 District boundary changes.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this chapter shall also apply to any nonconforming uses existing therein or created thereby.

§ 348-5 ARTICLE V: General Provisions.

§ 348-5.1 Provisions of other ordinances.

Any restrictions or requirements with respect to buildings or land which appear in other ordinances of the Township of Toms River or are established by law and which are greater than those set forth herein shall take precedence over the provisions of this chapter.

§ 348-5.2 Application of regulations.

Except as herein otherwise provided:
A. 
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used, for any purposes or in any manner other than as specified among the uses hereinafter listed as permitted in the zone in which such building or land is located.
B. 
No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the zone in which such building or open space is located.
C. 
No off-street parking area or loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure shall be considered as providing off-street parking, loading or unloading area for a use or structure on any other lot, unless specifically permitted elsewhere in this chapter.
D. 
No subdivision may be approved unless each lot contained in said subdivision complies with all the requirements of the zone in which said lot is located or unless a variance has been granted therefrom.
E. 
No use shall be considered a permitted use or a conditional use in a zone district unless included as such in the particular zone district.

§ 348-5.3 Lot depth.

Wherever the depth of lots is established by existing street patterns in any residential zone, the depth requirements of the zone shall be waived as long as all setback lines are maintained.

§ 348-5.4 Frontage on improved street.

A. 
*Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Township requirements or for which such improvement has been guaranteed by the posting of a performance guaranty pursuant to this chapter unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.[1]
[Amended 9-25-1991 by Ord. No. 2859-91]
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. 
*Where a building lot has frontage on a street which the Master Plan or the Official Map of the Township or the Subdivision and Site Plan Resolution of the County of Ocean indicates is proposed for right-of-way widening or the street does not conform to the minimum right-of-way width requirements in this chapter or the above-indicated documents, the required front yard setback shall be measured from such required or proposed right-of-way line.[2]
[Amended 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
[2]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
C. 
Access to every lot shall conform to the standards of the State Highway Access Management Code or any county or municipal access management code adopted.
[Added 8-14-1992 by Ord. No. 2848-91]

§ 348-5.5 Yard areas.

A. 
No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
B. 
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located, except as otherwise provided in this chapter.
C. 
*Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code, including but not limited to sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves; provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter. Unroofed entrance porches, decks, balconies or terraces which do not rise above the height of 36 inches may extend into any required side or rear yard. Unroofed entrance porches, decks, balconies or terraces which do not rise above the height of 12 inches may extend into any required front yard. Notwithstanding the limitations set forth in this subsection, stairs and handicapped ramps may extend into the rear or one side yard, provided that a minimum of three feet of access remains in the other side yard.[1]
[Amended 9-25-1991 by Ord. No. 2859-91; 5-28-2013 by Ord. No. 4403-13]
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
D. 
*No structure shall be constructed closer than 20 feet to the water's edge of any stream, lake, lagoon or other body of water. In those zoning districts that have a required setback that is less than 20 feet, the setback shall be the required setback from the water's edge or 10 feet, whichever is greater. This provision shall not apply to structures less than four feet in height or unroofed decks, porches and terraces less than four feet in height as measured to the top of the railing or any other structure.[2]
[Added 6-13-1978 by Ord. No. 1759; amended 9-25-1991 by Ord. No. 2859-91; 5-28-2013 by Ord. No. 4403-13]
[2]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
E. 
Additions or alterations to existing single-family dwellings that remain within the existing footprint of the enclosed roofed area shall be permitted, provided said additions or alterations do not violate any other requirements of this chapter and meet all front, side and rear yard setbacks for the additions or alterations.
[Added 2-9-1982 by Ord. No. 2068; amended 4-11-1990 by Ord. No. 2729-90; 12-18-2007 by Ord. No. 4123-07]
F. 
*Yard areas. Within any residential zone, no heating, ventilating and/or air-conditioning units, ducts, heaters, furnaces, well pumps or other aboveground mechanicals shall be placed within four feet of any property line or within any front yard setback, except that such mechanicals may be closer than four feet to a side or rear property line if the permitted side or rear yard setback for the principal building is less than four feet.[3]
[Added 6-11-1985 by Ord. No. 2329-85; amended 9-25-1991 by Ord. No. 2859-91; 9-24-1996 by Ord. No. 3196-96; 12-18-2007 by Ord. No. 4123-07]
[3]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
G. 
Where a commercial use or structure is proposed to be constructed, expanded or otherwise altered which requires site plan approval pursuant to this chapter and such commercial use is situated in a commercial zoning district which abuts a residential zoning district, the minimum setback required of that yard in a commercial zoning district immediately abutting said residential zone shall be twice the minimum setback otherwise required by this chapter. These restrictions shall not apply to the GB Zone.
[Added 4-25-2006 by Ord. No. 4000-06; amended 12-18-2007 by Ord. No. 4123-07]

§ 348-5.5.1 *Decks. [1]

[Added 5-28-2013 by Ord. No. 4403-13]
A. 
In addition to the provisions for decks that are found in § 348-5.5C and D of this chapter, a landing area at the top of stairs leading to an entry of the dwelling shall be permitted in the required yard area, subject to the following restrictions:
(1) 
The entry serves the first habitable floor.
(2) 
The total area of any landing serving a single entry shall not exceed 40 square feet.
(3) 
The landings and stairs shall be unroofed.
(4) 
The landings and stairs shall be no closer than three feet to any property line.
(5) 
The landings and stairs shall be no closer than 10 feet to any body of water.
B. 
A deck shall be permitted in the required front yard setback, provided it does not exceed the height of 12 inches and is located no closer than three feet to any property line.
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.

§ 348-5.6 Corner lots.

A. 
*On all corner lots, the depth of all yards abutting on streets shall not be less than the minimum front yard depth required on all adjoining interior lots fronting on such street. However, provisions of this section shall not apply so as to reduce the buildable width to less than 50% of any lot less than 100 feet in width. No corner lot setback shall, in any case, be less than 20 feet, unless otherwise permitted in this chapter.[1]
[Amended 9-25-1991 by Ord. No. 2859-91]
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. 
*Where the corner lot abuts interior lots located in an adjoining zone having lesser front setback requirements, buildings may assume the minimum front setback dimension of the adjoining zone only if the adjoining zone is immediately adjacent and contiguous to the property and the proposed building is to be situated within 100 feet of said adjacent zone.[2]
[Amended 9-25-1991 by Ord. No. 2859-91]
[2]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
C. 
Lot lines of corner lots that are coexistent with side lines of abutting lots shall be considered side lines.
D. 
Lot lines of corner lots that are coexistent with rear lines of adjoining lots shall be considered rear lines.
E. 
Lot lines of corner lots that are coexistent with lot lines of adjoining corner lots shall be considered side lines.

§ 348-5.7 *Sight triangles at intersections. [1]

[Amended 9-25-1991 by Ord. No. 2859-91; 12-18-2007 by Ord. No. 4123-07]
Unless more stringent regulations are provided by other provision of this chapter, at the intersection of two or more streets, no hedge, fence, screening strip or wall higher than 30 inches above curb level and no obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding said lot, or the projection of such lines, and by a line connecting a point on each street line located 25 feet from the intersection of the street lines. These restrictions shall not apply to buildings in the R-40A and R-40B Zones or to buildings located within the restricted area on any other property in the Township lying east of Barnegat Bay.
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.

§ 348-5.8 *Location of accessory buildings. [1]

[Amended 9-25-1991 by Ord. No. 2859-91]
Unless otherwise specified in this chapter, accessory buildings shall conform to the following regulations as to their locations on the lot:
A. 
An accessory building attached to a principal building shall comply in all respects to the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located in other than a front yard and, if located in a side or rear yard area, shall conform to side or rear setback requirements of this chapter for the particular zoning district, except that one storage shed containing less than 100 square feet of floor area may be located not less than three feet from any side or rear lot line.
[Amended 5-13-1992 by Ord. No. 2911-92]
B. 
Accessory buildings may occupy not more than 25% of the rear or side yard area in any residential zone. With the exception of one storage shed containing less than 100 square feet of floor area, accessory buildings are also subject to the maximum lot coverage by buildings requirement for each zone. Accessory buildings shall not exceed 16 feet in height.
[Added 12-9-2003 by Ord. No. 3843-03]
C. 
No detached accessory structure in any residential zone shall be less than five feet from the principal building or other accessory buildings.
[Amended 5-13-1992 by Ord. No. 2911-92]
D. 
On any residential lot having an area of 20,000 square feet or more, no accessory structure may exceed 750 square feet and the aggregate area of all accessory structures, excluding private swimming pools, may not exceed 1,000 square feet. In all other zones, the maximum size of any individual accessory structure shall be 500 square feet and the aggregate area of all accessory structures, excluding private swimming pools, may not exceed 1,000 square feet.
[Added 2-22-1995 by Ord. No. 3084-95]
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.

§ 348-5.9 *Number of principal buildings. [1]

[Amended 9-25-1991 by Ord. No. 2859-91]
No lot utilized for single-family or two-family dwelling purposes shall contain more than one principal building.
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.

§ 348-5.10 Nonapplicability to underground services.

The provisions of this chapter shall not apply to customary underground essential services, except that all facilities such as pumping stations, repeater stations and electric substations which require a building above ground or any other aboveground appurtenance of any type more than 40 feet high shall require approval as a conditional use subject to the provisions of this chapter.

§ 348-5.11 Contiguous lot ownership.

Where two or more lots created by the filing of a map pursuant to the Map Filing Law prior to establishment of the Toms River Township Planning Board have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.

§ 348-5.12 *Height limitations. [1]

[Amended 9-25-1991 by Ord. No. 2859-91]
A. 
No structure shall extend higher than the limit provided in each zone created hereunder for building height, except in nonresidential zones, elevated water towers, antenna towers or similar such structures for use by a public utility operating within the Township of Toms River subject to such structure not exceeding 100 feet in height and upon the issuance of conditional use permit by the Toms River Township Planning Board.
[Amended 5-13-1992 by Ord. No. 2911-92]
B. 
The height limitations created hereunder shall not apply to spires, belfries, cupolas or domes not used for human occupancy or to parapets, walls or cornices extending not more than four feet above the building height limit.
C. 
The height limitations created hereunder shall apply to chimneys, ventilators, skylights, tanks, stair towers, elevator towers, appurtenances usually carried above the roof level and noncommercial radio and television antennas attached to a building, except that the same may exceed said height limitation by not more than 15 feet, except that skylights, heating and air-conditioning equipment and ventilators may exceed the height limitation by no more than 10 feet. Such features shall not exceed, in total coverage, 20% of the total roof area.
D. 
Freestanding noncommercial radio and television antennas, flagpoles and windmills may exceed the height limits created hereunder by not more than 15 feet.
[Amended 2-9-1982 by Ord. No. 2068]
E. 
Notwithstanding height limitations in any zone, a residential building which existed on or before October 28, 2012, that is located within a flood zone as shown on the most current Federal Emergency Management Agency (FEMA) advisory or final maps may be elevated to a greater height, subject to the following conditions:
[Added 4-9-2013 by Ord. No. 4397-13]
(1) 
The residential building must maintain the same footprint that existed on or before October 28, 2012.
(2) 
Changes to the number of usable floor levels, building area, or rooflines shall not be permitted.
(3) 
A residential building located in a flood zone shall be permitted to be raised to the minimum allowable height to meet FEMA criteria. In an A Zone, this shall be one foot above the most current FEMA advisory or final base flood elevation level as measured to the lowest finished floor, not including basement floors and crawl spaces. In a V Zone, this shall be one foot above the most current FEMA advisory or final base flood elevation as measured to the lowest horizontal structural member. If a residential building elevated pursuant to this section is subsequently substantially destroyed or razed, then any new residential building must be constructed in accordance with the applicable height limitations for the zone in which the structure is located.
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.

§ 348-5.13 Preservation of natural features.

Wherever feasible, all of the following shall be preserved in their natural state:
A. 
Floodway and flood hazard areas as defined by Chapter 313, Flood Damage Prevention, of the Code of the Township of Toms River.
B. 
Wetlands as defined by Chapter 497, Watercourses and Coastal Wetlands, of the Code of the Township of Toms River.
C. 
Areas containing a significant number of specimen trees as defined in Chapter 471, Trees, of the Code of the Township of Toms River.
D. 
Land with slopes in excess of 10%.
E. 
Existing watercourses, ponds, bogs and swamps.
F. 
Land with a seasonal high-water table of less than two feet. Berryland and Atsion soils usually have a seasonal high-water table of less than two feet.
G. 
Wetlands as defined by the New Jersey Wetlands Act of 1970 and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.
H. 
Lands classified as "tidal wetland," "flood hazard area," "wet soil woodland," "wet soil old field" or "prime agricultural land" in the Environmental Base Study prepared for the Toms River Township Planning Board and the Toms River Township Environmental Commission in 1974 and incorporated as a part of the 1976 revision of the Toms River Township Master Plan adopted by the Planning Board on December 20, 1976.

§ 348-5.14 Riparian grants.

Whenever a person acquires title to the land under water adjacent to his property by virtue of a riparian grant from the State of New Jersey, then the grant area shall automatically be zoned the same as the upland property adjacent to the grant; provided, however, that any part of this grant not filled, graded and stabilized pursuant to a valid construction permit shall not be applicable to meeting the minimum lot area for the governing zone.

§ 348-5.15 Easements.

Where applicable, the Planning Beard shall require, as a condition of site plan approval, that the owner convey to the Township of Toms River drainage easements, conservation easements, sight easements and/or shade tree and utility easements which may be required.

§ 348-5.16 Solid waste storage for single- and two-family homes.

[Amended 4-11-1990 by Ord. No. 2729-90]
Solid wastes from single- and two-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight-fitting covers. Such receptacles shall not be stored or placed within any front yard area prior to the time at which solid wastes are permitted to be placed at the curblines for collection. Such receptacles may be stored in either the rear or side yard area, but if within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing. Proposed developments of 25 or more single- or two-family residential dwelling units shall provide an area for the storage of mandatory recyclable materials, either indoors or outdoors.

§ 348-5.17 Solid waste disposal.

The dumping of refuse, waste material or other substances is prohibited in all districts within the Township, with the exception of designated landfill sites.

§ 348-5.18 Outdoor storage of materials.

No person shall store materials of any kind outdoors in any district, except for the construction of a structure to be erected on the premises, unless specifically permitted elsewhere in this chapter.

§ 348-5.19 *Minimum lot area for water and sewer requirements. [1]

[Amended 9-25-1991 by Ord. No. 2859-91]
Notwithstanding any other provisions of this chapter, the minimum lot area for any dwelling not served by either public water or sanitary sewers shall be 30,000 square feet.
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.

§ 348-5.20 Outdoor display of goods.

[Amended 4-11-1990 by Ord. No. 2729-90; 11-28-1990 by Ord. No. 2769-90; 9-25-1991 by Ord. No. 2859-91; 12-9-2003 by Ord. No. 3843-03; 8-14-2007 by Ord. No. 4097-07]
A. 
Permanent outdoor display of goods for sale. The permanent outdoor display of goods for sale, including motor vehicles (see § 348-5.37, Automotive facilities), shall not be permitted in any zone except in accordance with a site plan approval granted by the Planning Board.
B. 
Temporary outdoor display of goods for sale. The temporary outdoor display of goods for sale may be permitted in accordance with the following provisions:
(1) 
Such temporary outdoor displays shall be permitted only where the goods displayed are the merchandise of a business enclosed within a structure located on the subject property.
(2) 
Such temporary outdoor display shall be limited to 14 consecutive days per event. Each business shall be limited to two events per calendar year. The second permitted event shall not commence within 30 days from the termination of the first permitted event.
(3) 
No temporary outdoor display shall be located within any designated fire lane, vehicular circulation aisle or parking space.
(4) 
All temporary outdoor displays shall not be located closer than the required front parking setback line or 25 feet from any street right-of-way line, whichever is greater, and shall not be located within 15 feet from any side or rear property line.
(5) 
Any applicant seeking approval for the temporary outdoor display of goods for sale shall apply for a zoning permit. In addition to the payment of the applicable fee, the applicant shall provide a sketch plat depicting the location and size of the proposed temporary outdoor display. Provided that the application comports with the requirements of this section, the Township Zoning Officer shall issue a zoning permit authorizing the requested temporary outdoor display. The applicant may appeal the denial of any requested permit to the Township Board of Adjustment in accordance with N.J.S.A. 40:55D-70(a).
C. 
Coin-operated vending machines shall not be located farther than two feet from a related business structure.
D. 
Flea markets. Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods for sale out-of-doors shall not be permitted in any zone within the Township.

§ 348-5.21 Appearance of single- and two-family dwellings.

A. 
The design of single- and two-family dwellings shall be subject to the provisions of Chapter 273, Dwellings, Design and Appearance of, of the Code of the Township of Toms River.
B. 
Within any residential district, no building with a permitted home professional office or home occupation shall be constructed or altered so as to be inharmonious to the residential character of adjacent structures. The types of construction not considered to be residential in character include storefront type of construction, garage doors larger than needed for passenger vehicles or light commercial vehicles and unfinished concrete blocks or cinder block wall surfaces.

§ 348-5.22 Appearance of nonresidential buildings.

The exterior elevations shall be arranged and outer walls of nonresidential buildings shall be faced with materials approved by the Planning Board in conjunction with site plan approval. The architecture of all buildings shall be compatible with structures on adjacent lands and in the neighborhood.

§ 348-5.23 Storage of boats and travel trailers.

[Amended 6-13-1978 by Ord. No. 1758; 11-23-1982 by Ord. No. 2129; 9-25-1991 by Ord. No. 2859-91; 10-27-1998 by Ord. No. 3383-98]
A. 
The outdoor storage of an unoccupied travel trailer, camper or small boat shall be permitted on single-family properties, provided that:
(1) 
*In all residential zones, except R-40A, R-40B, R-50 and R-75, such storage shall not be permitted within any required front yard.[1]
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(2) 
*A travel trailer, camper or small boat shall not exceed 28 feet in length and 10 feet in width.[2]
[2]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(3) 
*Only one such travel trailer or camper and one small boat or two small boats shall be permitted to be stored outdoors at any single-family residence.[3]
[3]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(4) 
All watercraft less than 12 feet in length, including row boats, canoes, personal watercraft, jet skis, sail boats and other such watercraft, shall be exempt from the provisions of this section when located in the R-40A, R-40B, R-50 and R-75 Zones.
(5) 
*Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections.[4]
[4]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(6) 
Notwithstanding the requirements of § 348-5.5D of this chapter, the storage of small boats on davits over dry land and/or lagoons will be permitted.
(7) 
The storage of trailers capable of transporting vessels larger than small boats is prohibited.
B. 
The outdoor storage of an unoccupied recreational vehicle or motor home shall be permitted on single-family properties, provided that:
(1) 
*In all residential zones, except R-40A, R-40B, R-50 and R-75, such storage shall not be permitted within any required front yard.[5]
[5]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(2) 
*Recreational vehicles or motor homes that exceed 28 feet in length may be stored only within the required building setback lines.[6]
[6]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(3) 
*Any such vehicles stored in accordance with this section shall be duly registered and shall not be occupied and shall not be provided with utility connections.[7]
[7]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.

§ 348-5.24 Animals.

[Amended 2-9-1982 by Ord. No. 2068]
Animals shall be a permitted use in any residential zone; provided, however, that they adhere to the following:
A. 
Adherence to the minimum health standards established and administered by the Toms River Township Board of Health.
B. 
*Structures used for the sheltering of horses shall not be located closer than 50 feet to any property line nor closer than 150 feet to any residence on another lot.[1]
[Amended 9-25-1991 by Ord. No. 2859-91; 9-24-1996 by Ord. No. 3196-96]
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
C. 
Not for commercial use.
D. 
Adherence to the provisions of Chapter 165, Animals and Animal Establishments, and Chapter 516, Animals, of the Code of the Township of Toms River.

§ 348-5.25 Farms; sale of produce; gardens.

A. 
*Farms for raising crops, hay, sod, trees, plants and fruit, but not livestock or poultry, shall be permitted in any zone district, provided that all buildings and structures utilized for farm purposes are set back at least 100 feet from all property lines, or in accordance with the setback requirements of the zone if such requirements are greater, and provided that roadside stands for the sale of products raised on the farm shall not be located closer than 40 feet to any street line.[1]
[Amended 9-25-1991 by Ord. No. 2859-91]
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. 
The raising of vegetables and fruits for personal use, but not for sale, shall be permitted on any lot in any zone.

§ 348-5.25.1 Right to farm.

[Added 10-13-1998 by Ord. No. 3372-98]
A. 
The right to farm all land is hereby recognized to exist as a natural right and is also hereby ordained to exist as a permitted use in all zones where it currently legally exists or is currently an allowed use under this chapter and all other ordinances of the Township, county and state dealing with health, sanitation and environmental protection. The "right to farm," as it is used in this section, includes the use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, farm laborers and the application of chemical fertilizers, insecticides and herbicides, as well as other mechanized equipment and modern procedures, including composting and on-site disposal of organic waste, all for the purpose of producing from the land agricultural products such as but not limited to vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds, as well as the propagation and maintenance of horses, cows and other grazing livestock, fowl production, the maintenance of swine (as per and in accordance with Board of Health regulations) and providing for the processing and packaging, wholesaling and retailing of such products as contribute to farm income, including the construction of buildings, fences and parking areas in conformance with Township codes. Livestock fencing shall conform to the use intended and shall require a permit with no fee.
B. 
Definitions. For the purposes of interpretation of this chapter, the following definitions shall apply:
COMMERCIAL AGRICULTURE
The production principally for sale to others of plants and animals or their products, including but not limited to forage and sod crops, grain and feed crops, dairy animals and dairy products, livestock, including beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; the breeding and grazing of such animals, bees and apiary products, fruits of all kinds, including grapes, nuts and berries; vegetables, nursery, floral, ornamental and greenhouse products.
FARM
An area of land of single or multiple contiguous or noncontiguous parcels which is actively devoted to agricultural or horticultural use, including but not limited to crop land, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and certain farm buildings and other enclosures related to agricultural pursuits.
HOME AGRICULTURE
The production principally for home use or consumption of plants, animals or their products and for sale to others where such sales are incidental, including but not limited to gardening, fruit production and poultry and livestock products for household use only.
C. 
The foregoing uses and activities included in the right to farm, when reasonable and necessary for the particular agricultural/farming, livestock and/or fowl production and when conducted in accordance with generally accepted agricultural/farming practices, can and may occur on holidays, Sundays and weekdays, at night and in the day, and the usual noise, odors, dust and fumes that are caused by them are also specifically permitted as part of the exercise of this right.
D. 
It is expressly found that whatever inconveniences may be caused to others not of the farming community by such uses and activities so conducted is legal for the farmer and is more than offset by the benefits from farming to the neighborhood, community and to society in general, by the preservation of open space, the beauty of the countryside and clean air and by the preservation and continuance of farming operations in Toms River Township and in New Jersey as a source of agricultural products for this and future generations.
E. 
If a developer plans to build or sell 10 or more homes by creating a new subdivision or site plan with multifamily development in an area within 500 feet in any direction of a property currently in active farm use or zoned to allow said use, the developer or his or her agent must inform prospective purchasers, in writing, that they are near or next to an active farm and therefore may be subjected to such usual noises, odors, dust and/or fumes that an active farm may normally have. Furthermore, they should be aware of this § 348-5.25.1 which allows the farmer to pursue his endeavors without complaints and/or harassment. Also, any such development that occurs in the area of an active farm use shall do so in a manner so as not to infringe oh the rights of the farm. Particular attention must be paid to the water problems in said area as well as environmental issues. Such development cannot and will not cause flooding problems for the farmer or the neighborhood. Furthermore, if a development is erected next to an active use, the developer must erect and maintain a buffer use of at least 50 feet on his property for protection of both the existing farm and the new development.
F. 
In an effort to preserve and continue farming in the Township of Toms River, residents involved in active farming and agricultural pursuits should and can be allowed to construct buildings on their land that are directly related to the farming pursuit, e.g., barns, storage buildings, equipment buildings, etc. Said buildings must be erected in accordance with Township building codes and shall follow the schedule as set for the Township.
G. 
These statements are of a general intent and meant to express a basic philosophy by which all other ordinances are to be considered and interpreted.

§ 348-5.26 Storage of commercial vehicles.

[Amended 6-12-1984 by Ord. No. 2246-84]
A. 
*No person, firm or corporation shall park or store, between the hours of 9:00 p.m. and 6:00 a.m., a motor-drawn vehicle, omnibus, pole trailer, road tractor or commercial motor vehicle upon any land, property or lot which is primarily used or zoned for residential purposes. The words and phrases stated and used in this section are intended to have the meanings set forth for such words and phrases respectively as set forth in Subtitle 1 of Title 39 of the New Jersey Revised Statutes.[1]
[Amended 9-25-1991 by Ord. No. 2859-91]
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. 
The provisions of this section shall not apply to the following:
(1) 
One commercial vehicle having a gross weight of four tons or less.
[Amended 2-22-1995 by Ord. No. 3084-95]
(2) 
Any vehicles used at or stored upon an active construction site.
C. 
No vehicle which contains, carries or transports hazardous materials and which is or should be placarded according to and complying with the Department of Transportation Hazardous Materials Regulations as published in Code of Federal Regulations, Title 49, shall be parked or stored in the Township of Toms River unless such area or place for parking or storage has received approval for such use by the appropriate agencies of the Township of Toms River. No such area shall be approved for parking or storage of such vehicles unless such area or place is sufficiently secured by fencing so as to prevent any tampering with such vehicle. In determining the suitability of such fences, review shall be in conformance with the standards of § 348-8.13, Fences, of the Land Use and Development Regulations of the Code of the Township of Toms River.

§ 348-5.27 Tidal wetlands permit.

No building, structure or use shall be permitted within areas defined as wetlands by the New Jersey Wetlands Act of 1970 and delineated on the wetlands map prepared by the New Jersey Department of Environmental Protection, except in accordance with a permit issued under the Act.

§ 348-5.28 Municipal wetlands permit.

No building, structure or use shall be permitted within areas defined as wetlands in Chapter 497, Watercourses and Coastal Wetlands, of the Code of the Township of Toms River, except in accordance with a permit issued under that chapter.

§ 348-5.29 *Noncommercial radio and television antennas. [1]

[Amended 9-25-1991 by Ord. No. 2859-91]
A. 
Freestanding radio and television antennas shall only be placed in the rear yard area and shall be located no closer than 15 feet to any property line.
B. 
Freestanding antennas over 20 feet in height or antennas extending 20 feet above the point of attachment to a building shall be built to withstand winds of 100 miles per hour.
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.

§ 348-5.30 Floodplain management. [1]

A. 
All new construction and substantial improvements to residential structures shall have the lowest floor, including basements, elevated to or above the base flood level, unless the Township is granted an exception by the Federal Insurance Administration for the allowance of basements and/or storm cellars.
B. 
All new construction or substantial improvements to nonresidential structures shall have the lowest floor, including basements, elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Where floodproofing is utilized for structures constructed below the base flood elevation, a registered New Jersey professional engineer and/or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressure, velocities, impact and uplift forces and other factors associated with the base flood. The Construction Official shall maintain a record of such certificates indicating the specific elevation, in relation to mean sea level, to which such structures are floodproofed.
C. 
Plans submitted with applications for building permits for all new construction or substantial improvements to residential and nonresidential structures on land having an elevation of less than the base flood elevation and/or within any "A" Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration shall include the elevation of the first finished floor and the elevation of the basement or cellar, where provided. Data shall be United States Coast and Geodetic Survey data (MSL-0) and the source of data shall be noted. The Construction Official shall maintain a record of all such first finished floor, basement and cellar elevations submitted.
D. 
Prior to the issuance of any building permit on land located within an unnumbered "A" Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, the applicant shall undertake and submit such studies as are necessary to determine the base flood elevation.
E. 
Whenever an applicant proposes to alter or relocate a watercourse, he shall notify adjacent communities and the New Jersey Department of Environmental Protection and submit copies of such notification to the Federal Insurance Administration. The design of the alteration or relocation of any watercourse shall be required to demonstrate that the flood-carrying capacity of the watercourse is maintained.
F. 
All mobile homes located on land having an elevation less than the base flood elevation shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be as follows:
(1) 
Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, and mobile homes less than 50 feet long shall require one additional tie per side.
(2) 
Frame ties shall be provided at each corner of the home, with five additional ties per side at intermediate points, and mobile homes less than 50 feet long shall require four additional ties per side.
(3) 
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
(4) 
Any additions to the mobile home be similarly anchored.
G. 
All new mobile home parks, expansion to existing mobile home parks, and existing mobile home parks where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, located on land having an elevation below the base flood elevation, shall make provision that stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level, adequate surface drainage and access for a hauler are provided and, in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for pilings more than six feet above the ground level.
H. 
New mobile home parks shall not be permitted within any floodway or flood hazard area.
I. 
All mobile homes, not within mobile home parks, which are located on land having an elevation below the base flood elevation shall make provision that stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level, adequate surface drainage and access for a hauler are provided and, in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for piers more than six feet above ground level.
J. 
Along the Atlantic Ocean within Zone V6, as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, no new buildings shall be permitted, and any substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such piles or columns so that the lowest portion of the structural members of the lowest floor, excluding the pilings or columns, is elevated to or above the base flood level, and a registered professional engineer or architect shall certify that the structure is securely anchored to adequately anchored pilings or columns in order to withstand high-velocity waters and hurricane wave wash. The space below the lowest floor shall be free of obstructions or be constructed with breakaway walls intended to collapse under stress without jeopardizing the structural support of the structure so that the impact on the structure by abnormally high tides or wind-driven water is minimized. Such temporarily enclosed space shall not be used for human habitation.
K. 
No alteration of sand dunes and their natural vegetation which would increase potential flood damage shall be permitted.
L. 
No building, structure or use shall be permitted within floodways or flood hazard areas as defined in Chapter 313, Flood Damage Prevention, of the Code of the Township of Toms River, except in accordance with a permit issued under that chapter.
M. 
With any application for development on land located within a floodway and/or having an elevation of less than the base flood elevation, the Planning Board shall require that the applicant submit a plan, certified by a registered New Jersey professional engineer and/or registered architect, of the flood protection measures to be taken. Such flood protection measures shall include, where applicable, the following:
(1) 
Anchoring to resist flotation, collapse and lateral movement.
(2) 
Installation of watertight doors, bulkheads and shutters, or similar methods of construction to protect against winds or wave action.
(3) 
Reinforcement of walls to resist water pressures.
(4) 
Use of paint, membranes or mortars to reduce seepage of water through walls.
(5) 
Addition of mass or weight to structures to prevent flotation or lateral movement.
(6) 
Installation of pumps to lower water levels in structures.
(7) 
Construction of water supply and waste treatment systems so as to prevent the infiltration of floodwaters.
(8) 
Pumping facilities or comparable practices for subsurface drainage system for buildings to relieve external foundation wall and basement flood pressures.
(9) 
Construction to resist rupture or collapse caused by water pressure or floating debris.
(10) 
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwaters into the buildings or structures. Gravity drainage of basements may be eliminated by mechanical devices.
(11) 
Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure that they are not subject to flooding and to provide protection for inundation by the base flood.
(12) 
Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare in a manner which will assure that the facilities are situated at elevations above the base flood elevation or are adequately floodproofed to prevent flotation of storage containers or damage to storage containers which could result in the escape of toxic materials into floodwaters.
(13) 
Location and construction of parking areas and access drives to permit safety of access for emergency vehicles in times of flood.
[1]:
Editor's Note: See also Ch. 313, Flood Damage Prevention.

§ 348-5.31 Performance standards.

As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Planning Board or to its designated representative, that the proposed use, structure, process or equipment will conform fully to all of the applicable performance standards. As evidence of compliance, the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The Planning Board may require that specific types of equipment, machinery or devices be installed or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes. The Planning Board and/or governing body may require that instruments and/or other devices or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use, and the cost thereof shall be borne by the owner, applicant or specific use in question.
A. 
Conditional permit.
(1) 
In the event that a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this section, the Planning Board may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.
(2) 
Within 30 days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence submitted that all standards established by this section have been met.
B. 
Noise.
(1) 
Any noise produced on the premises shall not be in excess of the standards listed below when measured at any property line of the lot on which the use is located:
Frequency Band (cycles per second) Sound Pressure Level (decibels re 0.0002 dyne/cm 2)
20 - 75 69
75 - 150 54
150 - 300 47
300 - 600 41
600 - 1,200 37
1,200 - 2,400 34
2,400 - 4,800 31
4,800 - 10,000 28
(2) 
If the noise is not smooth and continuous, but is of an impulsive or periodic character, the decibel levels indicated above shall be reduced by 15%.
C. 
Air pollution. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Township. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented, and all the following provisions stated, whichever shall be more stringent, shall be complied with.
(1) 
Smoke. In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 30 consecutive minutes.
(2) 
Solid particles.
(a) 
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission, in pounds per hour, established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
(b) 
In any other zone, except the Industrial Zone, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Code.
(c) 
In the Industrial Zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.
(d) 
No open building shall be permitted in any zone.
(e) 
All incinerators shall be approved by the State Department of Environmental Protection.
(f) 
Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.
(3) 
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained. Table I (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted October 1968 by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
D. 
Liquid waste. No liquid waste shall be discharged into any watercourse or sewage collection and disposal system, except in accordance with plans approved by the Toms River Township Sewerage Authority and, where required, by the New Jersey Department of Environmental Protection.
E. 
Solid waste. All uses in the Township shall:
(1) 
Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.
(2) 
Comply with all applicable provisions of the Air Pollution Control Code.
(3) 
Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council of the State Department of Environmental Protection.
(4) 
Permit no accumulation on the property of any solid waste, junk or other objectionable materials.
(5) 
Not engage in any sanitary landfill operation on the property, except as may be permitted by other Township codes and ordinances.
F. 
Radiation. All use of materials, equipment or facilities which are or may be sources of radiation shall comply with all controls, standards and requirements of the Atomic Energy Act of 1954, as amended, and any codes, rules or regulations promulgated under such Act, as well as the Radiation Protection Act, P.L. 1958, c. 116, as amended, whichever shall be more stringent.
G. 
Fire and explosion hazards. If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Planning Board may require the applicant to supply proof of:
(1) 
Approval of the use, structure, process or resulting product or material from the State Department of Labor and Industry indicating that adequate safeguards against fire and explosion have been or will be taken or installed.
(2) 
Approval from the Township Fire Prevention Bureau that the applicant has complied with all applicable Township fire prevention regulations.[1]
[1]:
Editor's Note: See Ch. 308, Fire Prevention and Protection.
H. 
No activity shall be maintained on the premises which will produce heat or glare beyond any property line.
I. 
No machinery or operation shall be permitted which shall cause perceptible earth-shaking vibration beyond the property lines of the lot on which the use is located.
J. 
Storage of flammable material. The storage of all flammable and combustible liquids and gases shall be subject to approval by the Fire Prevention Bureau and the following regulations:
(1) 
The storage of fuel oil in aboveground tanks of a capacity greater than 275 gallons, or of a capacity greater than 10 gallons within structures, shall be prohibited in residential areas or in connection with residential uses. (Gallonage shall be determined by water capacity measurement.)
(2) 
The aboveground storage of any other flammable liquids or materials in tanks of a capacity greater than five gallons or combustible liquids or materials greater than 60 gallons and all underground storage of any other flammable or combustible liquids or materials, including dispensing equipment, shall be prohibited in residential areas. (Gallonage shall be determined by water capacity measurement.)
(3) 
The storage of liquefied petroleum gases or other types of bottled gas, supplied or delivered for residential consumption, shall be limited to a tank or tanks with a combined equivalent water capacity of 500 gallons for each residential dwelling or structure serviced.
(4) 
All installations of storage tanks for liquefied petroleum gas or other types of bottled gas with a combined equivalent water capacity in excess of 1,200 gallons shall comply with all requirements of the Fire Prevention Code,[2] and all installations of storage tanks for liquefied petroleum gas or other types of bottled gas with a combined equivalent water capacity in excess of 4,000 gallons shall be prohibited in areas not served by public water mains and fire hydrants complying with the requirements of the Fire Prevention Code. The bulk storage, processing or manufacturing of liquefied petroleum gas or other types of bottled gas or facilities therefor shall not be permitted in any residential zone.
[2]:
Editor's Note: See Ch. 308, Fire Prevention and Protection.
(5) 
All installations of flammable or combustible liquids, compressed gases or other hazardous fuels shall comply with the requirements of the Toms River Township Fire Prevention Code and amendments thereto.
K. 
Fire-resistant construction. All new construction and additions shall be fire-resistant construction in accordance with the requirements of the State Uniform Construction Code.
L. 
Lighting and illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
(1) 
The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandle beyond any property line.
(2) 
Spotlights or other types of artificial lighting that provides a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property lines.
(3) 
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.

§ 348-5.32 Property maintenance. [1]

It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition all buildings and land in the Township of Toms River which he owns, uses, occupies or has maintenance responsibility for. In addition to the regulations set forth in Chapter 210, Building Maintenance, and Chapter 399, Property Maintenance, of the Code of the Township of Toms River, land uses within the Township of Toms River shall also be maintained in accordance with the following regulations:
A. 
Maintenance of all land uses within the Township shall include but is not limited to the following:
(1) 
Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of 30 days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
(2) 
Paint striping, traffic control signs and markings and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
(3) 
Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians or are unsightly.
(4) 
Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
(5) 
All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping carts or similar items shall be either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours. Shopping carts shall be marked with the name of the establishment, the title and telephone number of the person responsible for maintenance of the shopping carts and a notice that they are not to be removed from the property on which the business is located. If shopping carts are removed from the property and abandoned, they shall be picked up by the business to which the cart belongs within 24 hours of notice from the Township. Failure to pick up such shopping carts within 24 hours of notice shall be a violation of this chapter, subject to the penalties prescribed herein.
(6) 
All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced. If such plantings are required under this article, they shall be replaced only. All lawn or other nonpaved areas shall be kept trimmed and free from weeds and other noxious growth.
(7) 
Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
(8) 
All refuse stored outdoors shall be kept within containers having lids, in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within side or rear yard areas and shall not be so located as to interfere with vehicular or pedestrian circulation.
(9) 
All outdoor lighting shall be maintained in a working condition.
B. 
All land uses for which future development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision in a safe and orderly condition. In addition to the maintenance responsibilities specified in Subsection A above, additional maintenance responsibilities shall include but are not limited to the following:
(1) 
All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first 30 days of the next planting season.
(2) 
Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such area. Refuse containers located elsewhere on the site shall not be permitted.
C. 
Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall be a violation of this chapter subject to the penalties prescribed in § 348-3.11 of this chapter.
[1]:
Editor's Note: See also Ch. 335, Housing and Rental Property Standards, and Ch. 399, Property Maintenance.

§ 348-5.33 Shopping cart corrals.

[Added 2-9-1982 by Ord. No. 2068]
Any commercial site utilizing shopping carts shall make provisions to restrict shopping carts from entering parking lot areas.

§ 348-5.34 *Dimensions of residential structures. [1]

[Added 6-11-1985 by Ord. No. 2329-85; amended 9-25-1991 by Ord. No. 2859-91; 9-24-1996 by Ord. No. 3196-96; 10-26-2004 by Ord. No. 3912-04]
No principal structure to be located, placed or erected on any residential parcel shall have a width or depth less than 22 feet, except that in the R-40A and R-40B Zoning Districts, there shall be no minimum width or depth requirements for a principal structure.
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.

§ 348-5.35 Appearance of residential structures.

[Added 6-11-1985 by Ord. No. 2329-85]
No residential structure, be it manufactured or otherwise, shall be located, placed or erected unless such structure shall have a finished elevation which gives the same appearance as a residence that has been constructed on a foundation.

§ 348-5.36 Child-care centers.

[Added 8-14-1991 by Ord. No. 2848-91; amended 12-9-2003 by Ord. No. 3843-03]
A building or portion of a building utilized as a child-care center, licensed by the State of New Jersey and located in any nonresidential zone shall be permitted and is exempt from § 348-8.20, entitled "Off-street parking," and/or any maximum lot coverage by buildings calculation for the building or portion thereof utilized as a licensed child-care center.

§ 348-5.37 Automotive facilities.

[Added 8-14-1991 by Ord. No. 2848-91; amended 9-25-1991 by Ord. No. 2859-91; 5-13-1992 by Ord. No. 2911-92]
Any facility engaged in the rental/lease, sale, repair or service of motor vehicles/automobiles, including but not limited to motor vehicle service stations, repair garages, used or new car lots or retail uses such as windshield repair shops, muffler shops and lubrication shops, shall comply with the following:
A. 
*Display or storage of vehicles:[1]
[Amended 12-9-2003 by Ord. No. 3843-03]
(1) 
Front setback: 35 feet, except 50 feet along Route 9.
(2) 
Rear yard setback and side yard setback: 25 feet.
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. 
*No storage of vehicles awaiting service or repair shall be permitted within any yard area and any overnight storage area shall be enclosed with suitable fencing and shall be screened from public view.[2]
[2]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
C. 
*Fuel pump setbacks:[3]
(1) 
Front setback: 35 feet, except 50 feet in the Rural Highway Business Zone and 65 feet along Route 9.
(2) 
Side yard and rear yard setbacks: 35 feet.
[3]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
D. 
*Canopies shall be permitted to be constructed not closer than the required parking setback or 25 feet, whichever is greater, and not closer to any side or rear property line than the minimum principal building setback. Any such canopy shall either be attached to or separated by not less than five feet in a horizontal direction from any other building on the site except any building which is entirely under said canopy. All canopies shall be included in any maximum lot coverage by buildings calculation.[4]
[Amended 12-9-2003 by Ord. No. 3843-03]
[4]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
E. 
All fuel tanks shall be installed underground.
F. 
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
G. 
Any repair or service of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicles may be stored out of doors.
H. 
*No motor vehicle repair garage or service station shall be located within 500 feet of any public entrance to a school, library, hospital or fire station. The distance shall be measured in a straight line along the center line of the streets forming the shortest route from the point opposite the nearest boundary from said public entrance to a point opposite the nearest boundary of the property in question.[5]
[5]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
I. 
Any outdoor display of goods shall be in accordance with the applicable provisions of § 348-5.20 or those requirements noted above.
J. 
Facilities established for the purpose of storing vehicles shall comply with § 348-8.6, Bulk storage.
[Added 12-9-2003 by Ord. No. 3843-03]
K. 
For the purposes of this chapter, automobile facilities shall include those uses engaged in the rental/lease/sale, repair, service or storage of vehicles, including but not limited to trailers, trucks, autos, boats, equipment, water craft, etc.
[Added 12-9-2003 by Ord. No. 3843-03]

§ 348-5.38 Hotels and motels.

[Added 8-14-1991 by Ord. No. 2848-91]
Hotels and motels may be permitted in those zones specified and shall comply with the following:
A. 
*Minimum lot area per unit: 1,500 square feet.[1]
[Amended 9-25-1991 by Ord. No. 2859-91]
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. 
Efficiency apartments may be permitted by the Planning Board, provided that the applicant satisfactorily demonstrates that they will be used primarily for transients.
C. 
*Minimum number of units: 20.[2]
[Amended 9-25-1991 by Ord. No. 2859-91]
[2]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
D. 
No additional parking shall be required for swimming pools, provided that the pools are not open for use by the general public but are primarily for the use of the guests at the hotel or motel. Swimming pools shall otherwise be subject to the provisions of § 348-8.8 of this chapter.

§ 348-5.39 Quasi-public, private club and commercial recreation areas.

[Added 8-14-1991 by Ord. No. 2848-91]
Quasi-public, private club and commercial recreation areas, including but not limited to clubhouses, playgrounds, golf courses, tennis courts, theaters, bowling alleys, arcades and commercial swimming pools shall adhere to the following:
A. 
Swimming pools shall be subject to § 348-8.8 of this chapter.
B. 
Any quasi-public or private organization which operates the above and restricts the use of the facilities provided shall furnish the Planning Board with the number of members of the organization, and the maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate with the amount of land to be used and the facilities provided. No further expansion of said membership shall be made unless supplemental application is made to the Planning Board.
C. 
Off-street parking requirements shall be determined by the Planning Board based upon a Traffic Engineer's report submitted by the applicant, but if a swimming pool is provided, the parking requirements shall not be less than that required pursuant to § 348-8.8C, plus such additional parking as may be deemed necessary by the Planning Board.

§ 348-5.40 Groundwater remedial action activities.

[Added 9-24-1996 by Ord. No. 3196-96]
A. 
Groundwater remedial action activities shall, in accordance with N.J.S.A. 40:55D-66.8, be deemed a permitted accessory use in all zones in the Township, and any structures installed to further said activities shall be deemed accessory structures. Said structures shall comply with the setbacks for accessory buildings in the particular zone such use is located, except when greater setbacks for accessory structures are required due to applicable conditional use requirements and shall not exceed a height of 16 feet.
B. 
Proof of issuance of a discharge permit shall be submitted.

§ 348-5.41 *Residential construction near power lines.

[Added 9-12-2000 by Ord. No. 3551-00]
Residential structures, both principal and accessory, are prohibited within 200 feet of any high-voltage power transmission line.[1]
[1]:
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.

§ 348-5.42 Residential development connecting links.

[Added 9-12-2000 by Ord. No. 3551-00]
The Planning Board shall require, insofar as is practical, that builders of new residential major subdivisions construct connecting links between the subdivision and adjacent properties, including bicycle and walking paths as designated by the Planning Board.

§ 348-5.43 Development roadways, driveways and other forms of ingress and egress.

[Added 9-12-2000 by Ord. No. 3551-00]
It is hereby prohibited for a developer to connect any roadways, driveways and other forms of ingress and egress from a development onto any jughandle or exit ramp.

§ 348-5.44 Ingress/egress from multifamily housing projects.

[Added 9-12-2000 by Ord. No. 3551-00]
The Planning Board shall require at least two separate means of ingress/egress from all multifamily housing projects.

§ 348-6 ARTICLE VI: Development Applications; Procedures and Plat Details.

§ 348-6.1 Approval required.

In all zones, for all proposed uses, subdivision, site development or construction, other than an exempt development, site plan and/or subdivision approval shall be required prior to:
A. 
Subdivision of land.
B. 
Issuance of a development permit.
C. 
The issuance of a building permit for any new structure or for any addition to or alteration of an existing structure other than single-family or two-family detached dwellings on individual lots.
[Amended 12-26-1990 by Ord. No. 2780-90]
D. 
Any change of use of land or structure to a use for which any of the standards of this chapter are more restrictive or stringent or which requires parking and/or storage space for vehicles larger than passenger automobiles or increases the number of vehicles larger than passenger automobiles to be stored on the site.
[Amended 12-26-1990 by Ord. No. 2780-90]
E. 
Any expansion of the total number of employees, number of employees in any shift or the number of vehicles to be stored or parked on the site exceeding 15% of the amount existing at the time of passage of this chapter or as set forth at the time of a previous site plan approval.
F. 
The construction or alteration of any public facility, structure or building for which referral to the Planning Board for review and recommendation is required by N.J.S.A. 40:55D-31.
G. 
The construction or alteration of or addition to any off-street parking area which provides an increase of five or more vehicle parking spaces as compared to the last approved and/or developed site plan or the number existing at the time of the adoption of this chapter.
[Amended 12-26-1990 by Ord. No. 2780-90]
H. 
Interior alterations which increase the required number of off-street parking spaces.
[Added 12-26-1990 by Ord. No. 2780-90]
I. 
Construction or installation of underground facilities which alter the general use, appearance or grade of the site.
[Added 12-26-1990 by Ord. No. 2780-90]
J. 
Home professional offices of 500 square feet or more.
[Added 12-26-1990 by Ord. No. 2780-90]
K. 
Alteration of any parking area, entrance and/or exit drive, buffer area or other site improvement in conjunction with or subsequent to any condemnation or taking proceeding.
[Added 5-13-1992 by Ord. No. 2911-92]
L. 
The bulk storage of materials, equipment or goods on any parcel of land.
[Added 9-24-1996 by Ord. No. 3196-96]
M. 
The issuance of the first automobile, boat or other vehicle/trailer sales license on any parcel of land.
[Added 12-9-2003 by Ord. No. 3843-03]

§ 348-6.2 Application for development permit; when required.

A. 
Application shall first be made to the Administrative Officer for issuance of a development permit by any person wishing to undertake any of the following:
(1) 
Subdivision of land.
(2) 
Construct a new building or structure.
(3) 
Add to or structurally alter any existing building.
(4) 
Change the use on any land or within any building or structure.
(5) 
Any expansion of the total number of employees, number of employees in any shift or the number of vehicles to be stored or parked on the site exceeding 15% of the amount existing at the time of passage of this chapter or as set forth at the time of a previous site plan approval.
(6) 
Construct, add to or alter any parking area, signs, lighting, drainage facility or any other site improvement above and/or below ground level.
(7) 
Alter the existing condition of any parcel of land.
(8) 
Erect a tent pursuant to the provisions of this chapter.
[Added 4-11-1990 by Ord. No. 2729-90]
(9) 
Change in lot size in conjunction with or subsequent to any condemnation or taking proceeding.
[Added 5-13-1992 by Ord. No. 2911-92]
(10) 
The bulk storage of materials, equipment or goods on any parcel of land.
[Added 9-24-1996 by Ord. No. 3196-96]
B. 
If the Administrative Officer shall determine that the proposed undertaking is an exempt development which conforms in all aspects to the requirements of this chapter and does not require direction for issuance of a building permit pursuant to Section 25 or Section 27 of P.L. 1975, c. 291 (Municipal Land Use Law), he shall issue a development permit, and the applicant may then apply for a building permit and/or other permits that may be required.
C. 
If the Administrative Officer shall determine that the proposed undertaking is an exempt development but does not conform in all aspects to the requirements of this chapter and/or requires direction for issuance of a building permit pursuant to Section 25 or 27 of P.L. 1975, c. 291, he shall instruct the applicant that Board of Adjustment approval of an application for development for variance and/or direction for issuance of a building permit is required before a development permit may be issued allowing the applicant to apply for a building permit and/or other permits that may be required.
D. 
If the Administrative Officer shall determine that the proposed undertaking is not an exempt development, he shall instruct the applicant that Planning Board or Board of Adjustment approval of an application for development is required. He shall further advise the applicant which Board has jurisdiction over the application for development and which of the following approvals are required:
(1) 
Site plan.
(2) 
Subdivision.
(3) 
Variance.
(4) 
Conditional use.
(5) 
Direction for issuance of a building permit.
E. 
The Planning Board or Board of Adjustment shall hear and act upon any requests for granting of variances, conditional use approval and/or direction for issuance of a building permit at the same time that it hears and acts upon a minor subdivision, minor site plan, preliminary plat of a major subdivision or a preliminary plat of a major site plan. No such action shall be taken simultaneously with any action on a sketch plat of a major subdivision or major site plan. Such simultaneous action shall not be taken in conjunction with a final plat of a major subdivision or major site plan unless revisions in the plat subsequent to preliminary plat approval shall have created the need for such simultaneous action.

§ 348-6.3 Preliminary discussion.

Any person who desires to obtain approval of a site plan or subdivision may request to be scheduled at a conference meeting of the Planning Board for an informal discussion of the proposed development. The purpose of the informal discussion shall be to establish general guidelines to be followed by the applicant in preparing the submission.

§ 348-6.4 Applications for development; procedure.

A. 
Submission requirements. All applications for development shall be submitted in triplicate and shall be accompanied by at least three copies of the required plat maps and supporting attachments, exhibits and information. Applications for development shall not be accepted by the Administrative Officer unless they are accompanied by the required fees as set forth in Article III, § 348-3.4, of this chapter.
[Amended 2-9-1982 by Ord. No. 2068]
B. 
Administrative review. Upon receipt of an application for development, the Administrative Officer shall review the application for compliance with submission requirements, plat details and supporting exhibits and information. Upon completion of his review, the Administrative Officer shall also, upon receipt of an application for development for a site plan, subdivision and/or conditional use, forward one copy each of the application, plat and attachments to the Township Engineer and Toms River Township Environmental Commission and one copy of the application and one copy of the plat and attachments to the Planning Board Engineer or Board of Adjustment Engineer (where application has been made for variance to allow a use or structure in a district restricted against such use or structure).
[Amended 2-9-1982 by Ord. No. 2068]
C. 
Engineering review. The Township Engineer and the Planning Board Engineer or Board of Adjustment Engineer shall review applications for development for site plans, subdivisions and conditional uses and shall advise the Administrative Officer and the applicant of any technical deficiencies, required changes and/or recommended changes. Five copies of revised plans and attachments, which correct all deficiencies, incorporate all required changes and satisfactorily consider all recommended changes shall be submitted to the Administrative Officer for further review.
D. 
Certificate of completeness. When all submission requirements have been fulfilled and, in the case of site plans, subdivisions and conditional uses, when reports have been received from the Township Engineer and the Planning Board Engineer or Board of Adjustment Engineer that the plans and attachments submitted are in technical compliance, the Administrative Officer shall issue a certificate of completeness and schedule the application for development for consideration by the Classification Committee or for public hearing before the Planning Board or Board of Adjustment.
E. 
Conditional approvals.
(1) 
After issuance of a certificate of completeness, all applications for development shall be acted upon by the Planning Board or Board of Adjustment within the time limits set forth within Article III of this chapter, or within such further time as may be consented to by the applicant. If required approvals from other government agencies have not been received prior to Planning Board or Board of Adjustment approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.
(2) 
If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board or Board of Adjustment to an extent that the Administrative Officer determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board or Board of Adjustment and pay the fees for such revised approval set forth in Article III, § 348-3.4, of this chapter.
F. 
Planning Board action. In acting upon an application for development for a subdivision or site plan, the Planning Board shall consider whether the submittal complies to the following standards and regulations:
(1) 
The proposed use is consistent with the Master Plan.
(2) 
The plat submission contains all of the information and data required by this chapter.
(3) 
The details and improvement standards of the plat are in accord with the standards of this chapter.
(4) 
Adequate provision is made for safe and convenient vehicular traffic access, circulation and parking.
(5) 
Adequate provision is made for safe and convenient pedestrian circulation.
(6) 
Ingress and egress for the site will not unduly impede or obstruct the flow of traffic on public streets.
(7) 
Adequate provision has been made for the collection and disposal of stormwater runoff and the proposed drainage facilities have been approved by the Township Engineer.
(8) 
Adequate provision has been made to screen adjoining residential properties from any adverse effects that might result from outdoor lighting, buildings, parking areas, refuse storage areas, recreation areas, equipment areas, bulk storage areas or similar utilities or structures located on the site.
(9) 
Adequate provision has been made for compliance with the performance standards of this chapter.
(10) 
Adequate provision has been made to provide structures and uses of a quality and design which will not produce adverse effects on existing developments in the surrounding area or future uses designated for the surrounding area in the Master Plan.
(11) 
The proposed development is compatible with approved subdivisions and/or site plans for adjacent and nearby parcels of land.
(12) 
Access to the proposed development conforms to the standards of the State Highway Access Management Code adopted by the Commission of Transportation under Section 3c of the State Highway Access Management Act, P.L. 1989, c. 32, N.J.S.A. 27:7-91, in the case of a state highway or with the standards of any access management code adopted by the county or Township.
[Added 8-14-1991 by Ord. No. 2848-91]
G. 
Reproduction fee and issuance of development permit. Approvals of all applications for development shall not be valid until all of the following have taken place:
(1) 
The Administrative Officer shall certify that all conditions of approval have been satisfied.
(2) 
In the case of applications for development for site plans and subdivisions, the applicant shall submit the reproducible original of the plat for the signature of the Chairman and Secretary or Assistant Secretary of the Planning Board or Board of Adjustment and, in the case of minor subdivisions or final plats of major subdivisions, the Township Engineer.
(3) 
In the case of applications for development for site plans and subdivisions, the applicant shall pay a reproduction fee equal to $3 per sheet of the plat and attachments, except that the minimum fee shall be $5.
(4) 
The Administrative Officer shall cause three copies of the signed plat and attachments to be reproduced. One copy shall be retained in the files of the Administrative Officer, one copy shall be retained in the files of the Township Engineer and one copy shall be retained in the files of the Board's Engineer.
(5) 
After signature and reproduction, the Administrative Officer shall return the reproducible original of the plat and attachments to the applicant.
(6) 
For all applications for development that receive minor or final plat approval, the Administrative Officer shall issue a development permit after the plat has been signed. The date of the development permit shall be the date upon which the approval becomes valid. The date upon which the approval of applications for development related to sketch or preliminary plats become valid shall be the date on which the plat is signed by the Chairman and Secretary or Assistant Secretary of the Planning Board or Board of Adjustment. However, the period of time for which certain rights are conferred upon the applicant shall commence on the date which the Planning Board or Board of Adjustment granted the approval.

§ 348-6.5 Minor subdivisions.

A. 
Required documents. Prior to the issuance of a certificate of completeness or scheduling of a minor subdivision for consideration by the Classification Committee, the Administrative Officer shall determine that the following has been submitted in proper form:
[Amended 2-9-1982 by Ord. No. 2068]
(1) 
A certificate of title, which may be in letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate should confirm that the owner of the premises in question is the owner as shown on the plat.
(2) 
Application for final Ocean County Planning Board approval.
(3) 
Application for Toms River Municipal Utilities Authority approval.
(4) 
Application for a floodplain encroachment, where required.
(5) 
Application for municipal and/or state wetlands approval, where required.
(6) 
Other submittals that may be required by the Planning Board Engineer, Planning Board or federal, state or local law.
(7) 
The application for development for a minor subdivision shall include a request for the granting of any variances required or other approval required from the Planning Board.
(8) 
Required application fees.
(9) 
Ten copies of a plat and attachments meeting the requirements set forth below.
[Amended 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
B. 
Plat requirements.
(1) 
General requirements. The plat for a minor subdivision shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provisions of Chapter 141 of the Laws of 1960 of the State of New Jersey, as amended and supplemented, and shall include or be accompanied by the information specified below:
(a) 
All dimensions, both linear and angular, of the exterior boundaries of the subdivision. All lots and lands reserved or dedicated for public use shall balance and their descriptions shall close within a limit of error of not more than one part in 10,000.
(b) 
The minor subdivision shall be based upon a current boundary survey certified to by the subdivider and prepared or recertified not less than 12 months prior to the date of application.
(2) 
Title block. The title block shall appear on all sheets and shall include:
(a) 
Title of "Minor Subdivision."
(b) 
Name of the subdivision, if any.
(c) 
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.
(d) 
Acreage of the tract being subdivided to the nearest tenth of an acre.
(e) 
Names and addresses of owner and subdivider so designated.
(f) 
Date of original and all revisions.
(g) 
Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map and made the survey. The plat shall bear the embossed seal of said engineer and/or land surveyor.
(3) 
Detailed information.
(a) 
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 500 feet of the subdivision.
[Amended 2-9-1982 by Ord. No. 2068]
(b) 
The names of all owners of and property lines of parcels adjacent to the land to be subdivided, including properties across the street, as shown by the most recent records of the Township of Toms River, or of the municipality of which the property is a part.
(c) 
All zone boundaries and Tax Map sheet, lot and block numbers, existing streets and watercourses within 200 feet of the boundaries thereof, and both the width of the paving and the width of the right-of-way of each street, existing public easement and Township border within 200 feet of the subdivision.
(d) 
All existing structures, with an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain, referenced to proposed lot lines.
(e) 
All proposed public easements or rights-of-way and the purposes thereof.
(f) 
The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
(g) 
All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified shall be shown to the nearest hundredth of a square foot or hundredth of a linear foot.
(h) 
North arrow.
(i) 
Written and graphic scales.
(j) 
(Reserved)[1]
[1]:
Editor's Note: Former Subsection B(3)(j), which required a copy of applicable covenants or deed restrictions or proof that none existed, was repealed 9-14-1982 by Ord. No. 2116.
(k) 
Proposed lot and block numbers approved by the Township Engineer.
(l) 
Such other information as the Planning Board and/or Planning Board Engineer may require or request during the review of the application for classification and approval as a minor subdivision.
C. 
(Reserved)[2]
[2]:
Editor's Note: Former Subsection C, which required that minor subdivision applications be referred to the Classification Committee, was repealed 2-9-1982 by Ord. No. 2068.
D. 
(Reserved)[3]
[3]:
Editor's Note: Former Subsection D, which dealt with the vote of the Classification Committee on minor subdivision applications and subsequent referral to the Planning Board for public hearing, was repealed 2-9-1982 by Ord. No. 2068.
E. 
Conditions of approval. Any approval of an application for development for a minor subdivision granted by the Classification Committee or the Planning Board shall be subject to the following conditions being satisfied prior to signing of the plat or issuance of a development permit:
(1) 
Installation of or posting of performance guaranties for the installation of any improvements required by the Planning Board.
(2) 
Proof of payment of any outstanding real estate taxes.[4]
[Added 6-11-1985 by Ord. No. 2329-85]
[4]:
Editor's Note: Former Subsection E(2), which required payment of any outstanding real estate taxes, was repealed 2-9-1982 by Ord. No. 2088.
(3) 
Ocean County Planning Board approval, if not previously granted.
(4) 
Toms River Sewerage Authority approval or waiver of sewer requirements, if not previously granted.
(5) 
Payment of the required reproduction fee.
(6) 
Submission of additional prints of the plat map and attachments for distribution, if required.
(7) 
Publication of a notice of the decision by the applicant.
(8) 
Any other conditions which may be imposed by the Planning Board or which may be required by federal, state or local law.
(9) 
When improvements are required in public rights-of-way, evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, identifying and saving harmless the Township of Toms River and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementing of the approved subdivision. The insurance policy shall provide for 30 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.
[Added 5-22-1984 by Ord. No. 2244-84]
(10) 
Any minor subdivision approval shall expire unless the plat or deed describing the subdivision is filed as provided with the county recording officer within 190 days of the date of the resolution of approval or such further time in accordance with § 348-3.1J(1)(d) herein.
[Added 5-13-1992 by Ord. No. 2911-92]
(11) 
Proof of filing of a developer's agreement in the Ocean County Clerk's Office. Prior to filing, the developer must execute the agreement with the Township governing body to guarantee the installation of improvements.
[Added 12-9-2003 by Ord. No. 3843-03]
F. 
Certification. In the event that the application for development for a minor subdivision is approved, a certification to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Classified and approved as a minor subdivision by the Toms River Township Planning Board on ________________________.
______________________ Chairperson
Attest:
_______________________ Secretary ______________________ Date
This plat (or a deed describing this subdivision) must be filed in the office of the Clerk of Ocean County on or before ________________, which date is 190 days after approval as a minor subdivision by the Toms River Township Planning Board
______________________ Secretary
shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board and the Township Engineer (as to the Map Filing Law certification) after they receive a certification from the Administrative Officer that the conditions of approval have been satisfied. After signature, the plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to the applicant for filing.
G. 
Filing of approved plat. If the applicant desires to proceed with a subdivision for which approval as a minor subdivision has been granted, he shall file with the county recording officer a deed or an approved minor subdivision plat, drawn in compliance with Chapter 141 of the Laws of 1960, as amended and supplemented, within 190 days or such further time as provided in accordance with § 348-3.1J(1)(d) from the date of approval by the Planning Board. The applicant shall, within one week after filing the subdivision, notify, in writing, the Township Engineer of the date of the filing of the subdivision with the county recording officer and the case and sheet or page number for the filed plat or deed. A duplicate tracing of the filed map or copy of the deed indicating thereon the filing date shall be obtained from the county recording officer by the Township Engineer, who shall distribute copies of the filed map to appropriate municipal officials. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire.
[Amended 2-9-1982 by Ord. No. 2008; 5-13-1992 by Ord. No. 2911-92]

§ 348-6.6 Minor site plans.

A. 
Required documents. Prior to issuance of a certificate of completeness or scheduling of a minor site plan for consideration by the Planning Board, the Administrative Officer shall determine that the following has been submitted in proper form:
[Amended 2-9-1982 by Ord. No. 2068]
(1) 
Application for final approval by the Ocean County Planning Board.
(2) 
Application for Toms River Municipal Utilities Authority approval.
(3) 
Application for a land disturbance permit.
(4) 
Application for Bureau of Fire Prevention approval.
(5) 
Application for a tree removal permit, where required.
(6) 
Application for a floodplain encroachment permit, where required.
(7) 
Application for a municipal and/or state wetlands permit, where required.
(8) 
Other submittals that may be required by the Planning Board or federal, state or local law.
(9) 
The application for development for a minor site plan shall include a request for the granting of any variances required or other approvals required from the Planning Board.
(10) 
Required application fees.
(11) 
Ten copies of a plat and attachments meeting the requirements set forth below.
[Amended 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
(12) 
Two copies of a survey of the property in question prepared within 12 months of the application submission date. The copies shall include the signature and embossed seal of the professional land surveyor responsible for preparation of the survey.
[Added 12-9-2003 by Ord. No. 3843-03]
B. 
Plat requirements.
(1) 
General requirements.
(a) 
Any minor site plan presented to the Planning Board for its approval shall be drawn, signed and appropriately sealed by an architect, professional engineer, land surveyor and/or professional planner licensed to practice in the State of New Jersey.
(b) 
Site plans shall not be drawn at a scale smaller than one inch equals 50 feet nor larger than one inch equals 10 feet.
(c) 
The site plan shall be based on a monumented, current, certified boundary survey. The date of the survey and the name of the person making same shall be shown on the map. If 12 months or more has passed since the date of (or date of last recertification of) the survey, it shall be recertified and, if necessary, brought up-to-date.
(2) 
Title block. The title block shall appear on all sheets and shall include:
(a) 
Title of "Minor Site Plan."
(b) 
Name of the development, if any.
(c) 
Tax Map sheet, block and lot number of the site, as shown on the latest Township Tax Map, the date of which should also be shown.
(d) 
Date of original and all revisions.
(e) 
Names and addresses of owner and developer, so designated.
(f) 
Name(s), signature(s), address(es) and license number(s) of engineer, architect, land surveyor or planner who prepared the plat and their embossed seal.
(g) 
If the site plan contains more than one sheet, each sheet shall be numbered and titled.
(3) 
A schedule shall be placed on the site plan indicating:
(a) 
The acreage of the tract and site (the portion of the tract involved in the site plan).
(b) 
The floor area of the existing and proposed building, listed separately.
(c) 
The proposed use or uses and the floor area devoted to each use.
(d) 
The zone in which the site is located.
(e) 
Proposed and required lot dimensions and front, rear and side setbacks.
(f) 
Proposed and required off-street parking spaces.
(g) 
Square footage and percentage of the site retained in unoccupied open space.
(4) 
North arrow and written and graphic scales.
(5) 
Sufficient spot elevations (United States Coast and Geodetic data) and/or contour lines to indicate the proposed system of surface drainage and the relationship of proposed grading to the land surrounding the site.
(6) 
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Planning Board in the determination of floodway and flood hazard area limits.
(7) 
Paving and right-of-way widths of existing streets within 200 feet of the site.
(8) 
The boundary, nature and extent of wooded areas, swamps, bogs and ponds within the site and within 200 feet thereof. Where required for a tree removal permit, on-site specimen trees, as defined in Chapter 471, Trees, of the Code of the Township of Toms River, shall be located on the site plan.
(9) 
(Reserved)[1]
[1]:
Editor's Note: Former Subsection B(9), which required indication of topographical features of a physical or engineering nature, was repealed 9-14-1982 by Ord. No. 2116.
(10) 
All existing structures on the site and within 200 feet, including the use thereof, indicating those to be destroyed or removed and those to remain.
(11) 
Location, use, finished grade level, ground coverage, first floor and basement elevations, front, rear and side setbacks of all buildings and other pertinent improvements.
(12) 
Existing and proposed public easements or rights-of-way and the purposes thereof.
(13) 
Zone boundaries and Tax Map sheet, lot and block numbers and names of owners of all properties within 200 feet of the site.
(14) 
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 500 feet of the subdivision.
[Amended 2-9-1982 by Ord. No. 2068]
(15) 
The capacity of off-street parking areas and the location and dimensions of all access drives, aisles and parking stalls.
(16) 
The location and size of proposed loading docks.
(17) 
Location of curbs and sidewalks.
(18) 
Cross section(s) showing the composition of pavement areas, curbs and sidewalks.
(19) 
Exterior lighting plan, including the location and drawn details of all outdoor lighting standards and fixtures and a notation on the plat indicating conformance or nonconformance with the minimum design standards of the Toms River Township Land Use and Development Regulations.
[Amended 2-9-1982 by Ord. No. 2068]
(20) 
Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub and the location, type and amount of each type of ground cover to be utilized.
(21) 
Location of signs and drawn details showing the size, nature of construction, height and content of all signs.
(22) 
Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.
(23) 
Floor plans and building elevation drawings of any proposed structure or structures, or existing structures to be renovated.
(24) 
Written description of the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards. The written description of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site and provisions to be made for site maintenance.
(25) 
Such other information as the Planning Board and/or Planning Board Engineer may request during site plan review.
C. 
(Reserved)[2]
[2]:
Editor's Note: Former Subsection C, which required that minor site plan applications be referred to the Classification Committee, was repealed 2-9-1982 by Ord. No. 2068.
D. 
(Reserved)[3]
[3]:
Editor's Note: Former Subsection D, which dealt with the vote of the Classification Committee on minor site plan applications and subsequent referral to the Planning Board for public hearing, was repealed 2-9-1982 by Ord. No. 2068.
E. 
Conditions of approvals. Any approval of an application for development for a minor site plan granted by the Planning Board shall be subject to the following conditions being satisfied prior to signing of the site plan or issuance of a development permit:
[Amended 2-9-1982 by Ord. No. 2068]
(1) 
Installation and approval of, or posting of performance guaranties for the installation of, those improvements which are necessary to protect adjacent property and the public interest in the event that development of the site was not completed.
(2) 
Proof of payment of any outstanding real estate taxes.[4]
[Added 6-11-1985 by Ord. No. 2329-85]
[4]:
Editor's Note: Former Subsection E(2), which required payment of any outstanding real estate taxes, was repealed 2-9-1982 by Ord. No. 2068.
(3) 
Ocean County Planning Board approval, if not previously granted.
(4) 
Bureau of Fire Prevention approval, if not previously granted.
(5) 
Toms River Sewerage Authority approval or waiver of sewer requirements, if not previously granted.
(6) 
Submission of additional prints of the site plan and attachments for distribution, if required.
(7) 
Payment of required reproduction fee.
(8) 
Filing of an appropriate instrument with the Ocean County Clerk consolidating the lots constituting the site, if required.
(9) 
Publication of a notice of the decision by the applicant.
(10) 
Any other conditions which may be imposed by the Planning Board or which may be required by federal, state or local law.
(11) 
When improvements are required in public rights-of-way, evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, identifying and saving harmless the Township of Toms River and its agencies, employees and agents from any liability for any acts of the developer or his agents, contractors or employees in the implementing of the approved site plan. The insurance policy shall provide for 30 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner, developer or builder to carry on the construction of the site without having current valid evidence of insurance on file.
[Added 5-22-1984 by Ord. No. 2244-84]
F. 
Certification. In the event that the application for development for a minor site plan is approved, a certification to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Approved as a minor site plan by the Toms River Township Planning Board on ___________________.
______________________ Chairperson
Attest:
_______________________ Secretary ______________________ Date
shall be endorsed on the site plan, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Administrative Officer that all conditions of approval have been satisfied. After signature, the site plan shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to applicant.
G. 
Effect of approval. The approval of a minor site plan shall expire two years after the date of approval or within such further time as provided in accordance with § 348-3.1J(2)(c), if a building permit or, where a building permit is not required, a certificate of occupancy has not been obtained.
[Amended 5-13-1992 by Ord. No. 2911-92]

§ 348-6.7 Sketch plat of major subdivision.

A. 
Submission optional. Applicants are encouraged to submit a sketch plat of a major subdivision during the early design stages containing that information necessary to form a basis for discussion of alternatives for development. A detailed review of a sketch plat will minimize the necessity of major revisions in the more detailed preliminary plat submission. Application fees paid at the sketch plat submission stage will be deducted from the required application fees at the preliminary plat stage if submittal of the preliminary plat is made within one year from the date of sketch plat approval.
B. 
Required documents. Prior to issuance of a certificate of completeness or scheduling of a sketch plat of a major subdivision for public hearing before the Planning Board, the Administrative Officer shall determine that the following have been submitted in proper form:
[Amended 2-9-1982 by Ord. No. 2068]
(1) 
Application fees.
(2) 
Eight copies of a plat and attachments meeting the requirements set forth below (to the extent that the Planning Board determines such information is necessary to evaluate the proposal and discuss alternatives).
[Amended 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96]
C. 
Plat requirements.
(1) 
General requirements. The sketch plat shall be based on a land survey, a deed plotting, the current Tax Map or other suitable base map and shall be drawn at a scale not less than 100 feet to the inch for subdivisions up to 100 acres in size and not less than 200 feet to the inch for subdivisions over 100 acres in size and shall show or be accompanied by the information specified below.
(2) 
Title block. The title block shall appear on all sheets and shall include:
(a) 
Title of "Sketch Plat — Major Subdivision."
(b) 
Name of the subdivision, if any.
(c) 
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which should also be shown.
(d) 
Date of original and all revisions.
(e) 
Names and addresses of owner and subdivider so designated.
(f) 
Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. The plat should bear the embossed seal of said engineer and/or land surveyor.
(3) 
Detailed information.
(a) 
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 500 feet of the subdivision.
[Amended 2-9-1982 by Ord. No. 2068]
(b) 
A schedule should be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks and dimensions.
(c) 
Zone boundaries, Tax Map sheet, lot and block numbers and property lines of parcels within 200 feet of the land to be subdivided, including properties across the street, as shown by the most recent records of the Township, or of adjoining municipalities.
(d) 
All existing streets, watercourses, floodplains, floodways and flood hazard areas within the proposed subdivision and within 200 feet of the boundaries thereof, both the width of the paving and the width of the rights-of-way of each street, existing public easements and Township borders within 200 feet of the subdivision.
(e) 
All existing structures, an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain.
(f) 
The boundaries, nature and extent of wooded areas and the location of any other significant physical features, including swamps, bogs and ponds, within the proposed subdivision and within 200 feet thereof.
(g) 
The layout of the proposed subdivision drawn in compliance with the provisions of this chapter.
(h) 
All existing and proposed public easements or rights-of-way and the purposes thereof, and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way width(s).
(i) 
If known, the maximum anticipated extent of the areas of excavation or embankment where any grade changes are proposed, including those for streets.
(j) 
The existing directions of surface flow and the system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
(k) 
The acreage of the drainage area or areas of each natural or man-made watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision.
(l) 
The locations of all stakes, if any, placed on the property to aid in on-site inspections.
(m) 
North arrow.
(n) 
Written and graphic scales.
(o) 
The preliminary utility layouts showing the methods of connection and the courses of service.
(p) 
Existing five-foot (or less) interval contours based on United States Coast and Geodetic Survey data (MSL=0) shall be shown extending a minimum of 100 feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that where the slopes exceed 5%, a ten-foot interval may be used, and if the slopes exceed 10%, a twenty-foot interval is permissible. The source of elevation datum base shall be noted.
(q) 
Such other information as the Planning Board Engineer or Planning Board may require or request.
D. 
Conditions of approval. Any approval of an application for a sketch plat of a major subdivision granted by the Planning Board shall be subject to the following conditions being satisfied prior to signing of the plat:
(1) 
Payment of required reproduction fee.
(2) 
Submission of additional prints of the plat map and attachments for distribution, if required.
(3) 
Any other conditions which may be imposed by the Planning Board.
E. 
Certification. In the event that the application for development for a sketch plat of a major subdivision is approved, a certification to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Approved with regard to general planning and design concepts as a sketch plat of a major subdivision by the Toms River Township Planning Board on ___________________.
______________________ Chairperson
Attest:
_______________________ Secretary ______________________ Date
shall be endorsed on the sketch plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Administrative Officer that all conditions of approval have been satisfied. After signature, the sketch plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to the applicant.
F. 
Applicant's rights upon approval. Approval of a sketch plat shall confer upon the applicant, for a period of one year following the date of sketch plat approval by the Planning Board, the right to submit an application for development for a preliminary plat conforming to the approved sketch plat.

§ 348-6.8 Sketch plat of major site plan.

A. 
Submission optional. Applicants are encouraged to submit a sketch plat of a major site plan during the early design stages containing that information necessary to form a basis for discussions of alternatives for development. A detailed review of a sketch plat will minimize the necessity of major revisions in the more involved and detailed preliminary plat submission. Application fees paid at the sketch plat submission stage will be deducted from the required application fees at the preliminary plat stage.
B. 
Required documents. Prior to issuance of a certificate of completeness or scheduling of a sketch plat of a major site plan for public hearing before the Planning Board, the Administrative Officer shall determine that the following have been submitted in proper form:
(1) 
(Reserved)[1]
[1]:
Editor's Note: Former Subsection B(1), which required submission of a report from the Township Engineer and Planning Board Engineer, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Application fees.
(3) 
Eight copies of a plat and attachments meeting the requirements set forth below (to the extent that the Planning Board determines such information is necessary to evaluate the proposal and discuss alternatives).
[Amended 2-9-1982 by Ord. No. 2068; 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96]
C. 
Plat requirements.
(1) 
General requirements. The sketch plat shall be based on a land survey, a deed plotting, the current Tax Map or other suitable base map and shall be drawn at a scale not less than one inch equals 50 feet nor greater than one inch equals 10 feet. If the size of the site would require the use of sheets larger than 30 inches by 42 inches in order to show the entire site on one sheet, the detailed information for the site plan shall be shown in sections on sheets not larger than 30 inches by 42 inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one inch equals 200 feet.
(2) 
Title block. The title block shall appear on all sheets and shall include:
(a) 
Title of "Sketch Plat — Major Site Plan."
(b) 
Name of development.
(c) 
Tax Map sheet, block and lot number of the site, as shown on the latest Township Tax Map, the date of which should also be shown.
(d) 
Date of original and all revisions.
(e) 
Names and addresses of owner and developer, so designated.
(f) 
Name(s), signature(s), address(es) and license number(s) of engineer, architect, land surveyor or planner who prepared the plan and their embossed seal.
(g) 
If the site plan contains more than one sheet, each sheet shall be numbered and titled.
(3) 
A schedule shall be placed on the site plan indicating:
(a) 
The acreage of the tract and site (the portion of the tract involved in the site plan).
(b) 
The floor area of the existing and proposed buildings, listed separately.
(c) 
The proposed use or uses and the floor area devoted to each use.
(d) 
The zone district in which the site is located.
(e) 
Proposed and required lot dimensions and front, rear and side setbacks.
(f) 
Proposed and required off-street parking spaces.
(g) 
Square footage and percentage of the site retained in unoccupied open space.
(4) 
North arrow and written and graphic scales.
(5) 
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 500 feet of the subdivision.
[Amended 2-9-1982 by Ord. No. 2068]
(6) 
Zone boundaries, Tax Map sheet, lot and block numbers and property lines of parcels within 200 feet of the site, including properties across the street, as shown by the most recent records of the Township, or of adjoining municipalities.
(7) 
The existing direction of surface flow and the system of drainage of the site and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
(8) 
The acreage of the drainage area or areas of each natural or man-made watercourse or conduit receiving runoff from the site including the area upstream from the site.
(9) 
Existing and proposed spot elevations and/or contours.
(10) 
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Planning Board in the determination of floodway and flood hazard area limits.
(11) 
Paving and right-of-way widths of existing streets within 200 feet of the site.
(12) 
The boundary, nature and extent of wooded areas, swamps, bogs and ponds within the site and within 200 feet thereof.
(13) 
Existing and proposed manholes, sewer lines, fire hydrants, waterlines, utility pools and other topographical features of a physical or engineering nature within the site and within 200 feet thereof.
(14) 
All existing structures on the site and within 200 feet thereof, including their use, indicating those to be destroyed or removed and those to remain.
(15) 
Location, use, ground coverage, front, rear and side setbacks of all buildings and other pertinent improvements.
(16) 
Existing and proposed public easements or rights-of-way and the purposes thereof.
D. 
Conditions of approval. Any approval of an application for development for a sketch plat of a major site plan granted by the Planning Board shall be subject to the following conditions being satisfied prior to signing of the plat:
(1) 
Payment of required reproduction fee.
(2) 
Submission of additional prints of the plan and attachments for distribution, if required.
(3) 
Any other conditions which may be imposed by the Planning Board.
E. 
Certification. In the event that the application for development for a sketch plat of a major site plan is approved, a certification to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Approved with regard to general planning and design concepts as a sketch plat of a major site plan by the Toms River Township Planning Board on ___________________.
______________________ Chairperson
Attest:
_______________________ Secretary ______________________ Date
shall be endorsed on the sketch plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Administrative Officer that all conditions of approval have been satisfied. After signature, the sketch plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to the applicant.
F. 
Applicant's rights upon approval. Approval of a sketch plat shall confer upon the applicant, for a period of one year following the date of sketch plat approval by the Planning Board, the right to submit an application for development for a preliminary plat conforming to the approved sketch plat.

§ 348-6.9 Preliminary plat of major subdivision.

A. 
Required documents. Prior to issuance of a certificate of completeness or scheduling of a preliminary plat of a major subdivision for public hearing before the Planning Board, the Administrative Officer shall determine that the following have been submitted in proper form:
(1) 
(Reserved)[1]
[1]:
Editor's Note: Former Subsection A(1), which required submission of a report from the Township Engineer and the Planning Board Engineer, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Application for preliminary Ocean County Planning Board approval.
(3) 
Application for preliminary Toms River Sewerage Authority approval.
(4) 
Application for land disturbance permit.
(5) 
Application for Bureau of Fire Prevention approval.
(6) 
Copy of application for granting of a Coastal Area Facility Review Act (CAFRA) permit, where required and if submitted.
(7) 
Application for tree removal permit, where required.
(8) 
Traffic Safety Officer's report, where required.
(9) 
Application for floodplain encroachment permit, where required.
(10) 
Application for municipal and/or state wetlands permit, where required.
(11) 
Other submittals which may be required by the Planning Board Engineer, Planning Board or federal, state or local law.
(12) 
The application for development for a preliminary plat of a major subdivision shall include a request for the granting of any variances required or other approvals required from the Planning Board.
(13) 
Required application fees.
(14) 
Ten copies of a plat and attachments meeting the requirements set forth below.
[Amended 2-9-1982 by Ord. No. 2068; 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
B. 
Plat requirements.
(1) 
General requirements. All plats containing proposals or designs for drainage, streets and subdivision layouts shall be prepared by a professional engineer licensed to practice in the State of New Jersey and shall bear the address, signature, embossed seal and license number of said professional engineer. The preliminary plat shall be based on a land survey conducted not more than five years prior to the date of application and certified to the subdivider and shall be drawn at a scale of not less than 100 feet to the inch, for subdivisions up to 100 acres in size and not less than 200 feet to the inch for subdivisions over 100 acres in size and shall show or be accompanied by the information specified below.
(2) 
Title block. The title block shall appear on all sheets and shall include:
(a) 
The title of "preliminary plat — Major Subdivision."
(b) 
Name of subdivision, if any.
(c) 
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.
(d) 
Date of original and all revisions.
(e) 
Names and addresses of owner and subdivider, so designated.
(f) 
Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. The plat shall bear the embossed seal of said engineer and land surveyor.
(3) 
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 500 feet of the subdivision.
[Amended 2-9-1982 by Ord. No. 2068]
(4) 
A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks, yards and the dimensions and percentage of recreation acreage provided.
(5) 
Zone boundaries and the names of all owners, Tax Map sheet, lot and block numbers and property lines of parcels within 200 feet of the land to be subdivided, including properties across the street, as shown by the most recent records of the Township of Toms River, or of the municipality of which the property is a part.
(6) 
The preliminary plat shall be based on a current certified boundary survey as required above with sufficient lines of the adjoining tracts surveyed to establish any overlap or gap between the adjoining boundary lines and the boundary lines of the tract in question. The date of the survey and the name of the person making the same shall be shown on the map.
(7) 
Contours.
(a) 
Existing one-foot interval contours based on United States Coast and Geodetic Survey data (MSL=0) shall be shown extending a minimum of 100 feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that, where the slopes exceed 5%, a two-foot interval may be used, and if the slopes exceed 10%, a five-foot interval is permissible. The source of elevation datum base shall be noted. If contours have been established by aerial photography, a check profile shall be made on the boundary line of the tract and certified by a New Jersey licensed land surveyor.
(b) 
Ninety percent of elevations interpolated from contour lines will be within 1/2 the contour interval when referred to the nearest bench mark. All spot elevations shall be to the nearest 0.1 foot and accurate to within 0.3 foot.
(c) 
Ninety percent of all planimetric features shown on the map will be within 1/40 inch of their true position, and no planimetric features will be out of true position more than 1/20 inch at map scale when referenced to the nearest field-established station. A statement of compliance and/or a complete statement concerning any areas of noncompliance with this requirement shall be placed on the tentative plat.
(8) 
All existing streets, watercourses, floodplains, floodways and flood areas within the proposed subdivision and within 200 feet of the boundaries thereof, both the width of the paving and the width of the right-of-way of each street, existing public easements and Township borders within 200 feet of the subdivision.
(9) 
All existing structures, an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain.
(10) 
The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs and ponds within the proposed subdivision and within 200 feet thereof.
(11) 
The layout of the proposed subdivision drawn in compliance with the provisions of this chapter.
(12) 
All existing and proposed public easements or rights-of-way and the purposes thereof, and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width.
(13) 
The existing system of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
(14) 
The acreage of the drainage area or areas of each natural or man-made watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision.
(15) 
All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified should be accurate to within -0% and +4% (for example, a lot line specified as 250 feet long should not be less than 250 feet but may be as long as 260 feet).
(16) 
North arrow and basis therefor and written and graphic scales.
(17) 
Preliminary utility layouts showing methods of connection and sources of service.
(18) 
The proposed location and area, in acres or square feet, of all proposed common open space areas.
(19) 
The types and locations of all stakes, marks or flagged points, if any, placed on the property to aid in on-site inspections. The Planning Board may require that the marks or stakes, as a minimum, be placed at the intersection of all lines of the tract boundary with existing streets, at the center of all culs-de-sac, at all internal street intersections, along street tangents at intervals not exceeding 500 feet and at such additional locations as the Planning Board may deem necessary. The locations indicated on the plat shall be accurate within plus or minus 10 feet. Any traverse lines cut out and/or marked on the site shall be shown on the plat. If such on-site points, as above discussed, have not been established at the time of submission of a tentative plat, the Planning Board may give the subdivider 15 days' notice of the date of any proposed site inspection by the Board, so the points can be set.
(20) 
The tentative plat shall show, on the property to be subdivided and within 200 feet of that property, all existing paper streets, dirt roads, paved streets, curbs, manholes, sewer lines, water and gas pipes, utility poles, ponds, swamps and all other topographical features of a physical or engineering nature.
(21) 
Preliminary on-site grading and drainage plan.
(a) 
The preliminary plat shall show or be accompanied by a preliminary grading and drainage plan which shall show locations of all existing and proposed drainage swales and channels, retention-recharge basins, the scheme of surface drainage and other items pertinent to drainage, including the approximate proposed grading contours at one-foot intervals, except that if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Data shall be United States Coast and Geodetic Survey data (MSL=0), and the source of data shall be noted.
(b) 
The plan shall outline the approximate area contributing to each inlet.
(c) 
All proposed drainage shall be shown with preliminary pipe types and sizes, invert elevations, grades and direction of flow. The direction of flow of all surface waters and all watercourses shall be shown.
(d) 
The preliminary grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth in this chapter.
(22) 
Preliminary off-site drainage plan. The preliminary plat shall also be accompanied by a preliminary off-site drainage plan prepared in accordance with the following standards:
(a) 
The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
(b) 
Pertinent off-site existing drainage, which receives or discharges runoff from or onto the site, shall be shown with elevations of inverts, pipe types and sizes or other appropriate physical data for open or nonpipe conduits.
(c) 
To the extent that information is available and may be obtained from the county or municipal engineer(s), any existing plans for drainage improvements shall be shown.
(d) 
In the event that a temporary drainage system is proposed, tentative plans of that system shall be shown.
(23) 
Preliminary center-line profiles showing all proposed drainage; all existing and proposed finished roadway grades; channel section details; pipe sizes, type and inverts; road crowns and slopes; and all other proposed drainage structures and connections shall be shown.
(24) 
Boring logs. Unless the Planning Board Engineer shall determine that fewer boring logs are required or that some or all of the boring logs may be deferred to the final plat stage, the preliminary plat shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:
(a) 
Borings shall be spaced evenly throughout the tract.
(b) 
One boring not less than 15 feet below the proposed grade or 20 feet minimum depth shall be made for every five acres, or portion thereof, of land within a tract where the water table is found to be 10 feet or more below the proposed or existing grade at all boring locations.
(c) 
One additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than 10 feet below the proposed or existing grade.
(d) 
In addition to the above, in those areas where the water table is found to be five feet or less below the existing or proposed grade, two additional borings per acre, or portion thereof, will be required. If construction of homes with basements is contemplated, at least one boring will be located on each lot within the building setback lines.
(e) 
Boring logs shall show soil types and characteristics encountered, groundwater depths, the methods and equipment used, the name of the firm, if any, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest 0.1 foot.
(f) 
Based on the borings, the preliminary plat shall clearly indicate all areas having a water table within two feet of the existing surface of the land, or within two feet of proposed grade, or all areas within which two feet or more of fill is contemplated or has previously been placed.
(25) 
The location, dimensions, area and disposition of any park and recreation areas shall be shown and noted on the preliminary plat and shall be subject to the approval of the Planning Board.
(26) 
Sectionalization and staging plans. The preliminary sectionalization and staging plan showing the following:
(a) 
If the subdivision is proposed to be filed for final approval in sections, the plan shall show each such section and the anticipated date of filing for each section. The staging of the various sections in the subdivision shall be such that if development of the subdivision were to be discontinued after the completion of any section, the developed portion of the subdivision would be provided with adequate street drainage and utility systems. The size and staging of the section in a subdivision shall be established to promote orderly development and shall be subject to the approval of the Planning Board. In no instance shall any single section of a subdivision include more than 100 lots.
(b) 
The sectionalization and staging plan shall identify for each lot or group of lots in the subdivision those improvements that will be completed prior to application for certificates of occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied buildings in the subdivision and adjoining properties.
(27) 
If the Planning Board Engineer, Planning Board or Environmental Commission determines that specimen trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, caliper and type be shown on the plat for the following:
(a) 
Living deciduous trees having a trunk of six-inch diameter or more at breast height.
(b) 
All living coniferous trees having a trunk of six-inch or more diameter at breast height.
(c) 
All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one-inch or greater diameter at breast height.
(d) 
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
(28) 
The location of proposed depressed pedestrian ramps and other facilities for the handicapped.
(29) 
Such other information as the Planning Board and/or Planning Board Engineer may require or request during the review of the preliminary plat.
(30) 
It is recognized that in certain instances, the uniqueness of a particular proposal may require the waiver of some of the information required herein. The Planning Board may consider and for cause shown may waive strict conformance with such of these plat map details and other engineering documents as it sees fit. Any developer desiring such action should present with his application for development a listing of all such waivers desired, together with the reasons therefor. It shall also be indicated on the plat map that this plan, as some plat map details and engineering documents are not so indicated on the plat map, will not be used for construction purposes.
[Added 9-14-1982 by Ord. No. 2116]
C. 
Conditions of approval.
(1) 
Any approval of an application for development for a preliminary plat of a major subdivision by the Planning Board shall be subject to the following conditions being satisfied prior to the signing of the plat:
(a) 
Payment of required reproduction fee.
(b) 
Submission of additional prints of the plat and attachments for distribution, if required.
(c) 
Preliminary Ocean County Planning Board approval, if not previously granted.
(d) 
Preliminary Toms River Sewerage Authority approval, if not previously granted.
(e) 
Bureau of Fire Prevention approval, if not previously granted.
(f) 
Publication of a notice of decision by the applicant.
(g) 
Any other conditions which may be imposed by the Planning Board or may be required by federal, state or local law.
(2) 
The Planning Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions to the final plat submission.
D. 
Certification. In the event that the application for development for a preliminary plat of a major subdivision is approved, a certificate to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Approved as a preliminary plat of a major subdivision by the Toms River Township Planning Board on ___________________.
______________________ Chairperson
Attest:
_______________________ Secretary ______________________ Date
shall be endorsed as the preliminary plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Administrative Officer that all conditions of approval have been satisfied. After signature, the preliminary plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to the applicant.
E. 
Applicant's rights upon approval. Approval of a preliminary plat shall confer upon the applicant the rights set forth in N.J.S.A. 40:55D-49 and § 348-3.1J(5) of this chapter.
F. 
Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning Board and the Township Engineer that such clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the subdivision is not undertaken and that required inspection fees have been paid and adequate performance guaranties have been posted to provide for the cost to the Township of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvement is not completed and/or further development of the subdivision is not undertaken. Such performance guaranties shall include but are not limited to the cost to the Township of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract acres from flooding, screening or fencing that may be required and all improvements to be undertaken which are within public rights-of-way or easements.

§ 348-6.10 Preliminary plat of major site plan.

A. 
Required documents. Prior to issuance of a certificate of completeness or scheduling of a preliminary plat of a major site plan for public hearing before the Planning Board, the Administrative Officer shall determine that the following has been submitted in proper form:
(1) 
(Reserved)[1]
[1]:
Editor's Note: Former Subsection A(1), which required submission of a report from the Township Engineer and Plumbing Board Engineer, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Application for preliminary Ocean County Planning Board approval.
(3) 
Application for preliminary Toms River Sewerage Authority approval.
(4) 
Application for land disturbance permit.
(5) 
Application for Bureau of Fire Prevention approval.
(6) 
Copy of application for granting of a Coastal Area Facility Review Act (CAFRA) permit, where required and if submitted.
(7) 
Application for tree removal permit, where required.
(8) 
Traffic Safety Officer's report, where required.
(9) 
Application for floodplain encroachment permit, where required.
(10) 
Application for municipal and/or state wetlands permit, where required.
(11) 
(Reserved)[2]
[2]:
Editor's Note: Former Subsection A(11), which required submission of a letter from the water company on the availability of public water, was repealed 2-9-1982 by Ord. No. 2068.
(12) 
Other submittals that may be required by the Planning Board Engineer, Planning Board or federal, state or local law.
(13) 
The application for development for a preliminary plat of a major site plan shall include a request for the granting of any variances required or other approvals required from the Planning Board.
(14) 
Required application fees.
(15) 
Ten copies of a plat and attachments meeting the requirements set forth below.
[Amended 2-9-1982 by Ord. No. 2068; 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
B. 
Plat requirements.
(1) 
General requirements.
(a) 
Any preliminary plat of a major site plan presented to the Planning Board for its approval shall be signed and appropriately sealed by an architect, professional engineer, land surveyor and/or professional planner licensed to practice in the State of New Jersey; provided, however, that sanitary sewer, water distribution and storm drainage plans and water and sewage treatment plans may only be signed and sealed by a professional engineer.
(b) 
Site plans shall not be drawn at a scale smaller than one inch equals 50 feet nor larger than one inch equals 10 feet. If the size of the site would require the use of sheets larger than 30 inches by 42 inches in order to show the entire site on one sheet, the detailed information for the site plan shall be shown in sections on sheets not larger than 30 inches by 42 inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one inch equals 200 feet. The site plan shall be based on a monumented, current certified boundary survey. The date of the survey and the name of the person making same shall be shown on the map. If 12 months or more has passed since the date of (or date of last recertification of) the survey, it shall be recertified and, if necessary, brought up-to-date.
(2) 
Title block. The title block shall appear on all sheets and shall include:
(a) 
Title of "preliminary plat — Major Site Plan."
(b) 
Name of the development, if any.
(c) 
Tax Map sheet, block and lot number of the site, as shown on the latest Township Tax Map, the date of which should also be shown.
(d) 
Date of original and all revisions.
(e) 
Names and addresses of owner and developer, so designated.
(f) 
Names(s), signature(s), address(es) and license number(s) of engineer, architect, land surveyor or planner who prepared the plan and their embossed seal.
(g) 
If the site plan contains more than one sheet, each sheet shall be numbered and titled.
(3) 
A schedule shall be placed on the site plan indicating:
(a) 
The acreage of the tract and site (the portion of the tract involved in the site plan).
(b) 
The floor area of the existing and proposed buildings, listed separately.
(c) 
The proposed use or uses and the floor area devoted to each use.
(d) 
The zone in which the site is located.
(e) 
Proposed and required lot dimensions and front, rear and side setbacks.
(f) 
Proposed and required off-street parking spaces.
(g) 
Square footage and percentage of the site retained in unoccupied open space.
(4) 
North arrow and written and graphic scales.
(5) 
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Planning Board in the determination of floodway and flood hazard area limits. In cases where all or a portion of a site within the R-800 Zone is located in an unnumbered "A" Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, the applicant shall undertake and submit such studies as are necessary to determine the base flood elevation.
(6) 
Paving and right-of-way widths of existing streets within 200 feet of the site.
(7) 
The boundary, nature and extent of wooded areas, swamps, bogs and ponds within the site and within 200 feet thereof.
(8) 
Existing and proposed manholes, sewer lines, fire hydrants, waterlines, utility poles and all other topographical features of a physical or engineering nature within the site and within 200 feet thereof.
(9) 
All existing structures on the site and within 200 feet thereof, including their use, indicating those to be destroyed or removed and those to remain.
(10) 
Location, use, finished grade level, ground coverage, first floor and basement elevations, front, rear and side setbacks of all existing buildings and other pertinent improvements.
(11) 
Existing and proposed public easements or rights-of-way and the purposes thereof.
(12) 
A grading plan showing existing and proposed grading contours at one-foot intervals throughout the tract, except that if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Data shall be United States Coast and Geodetic Survey data (MSL=0) and source of data shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading.
(13) 
On-site drainage plan.
(a) 
The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage, including existing and proposed contours as previously required.
(b) 
The plan shall outline each area contributing to each inlet.
(c) 
All proposed drainage shall be shown with pipe type and sizes, invert and grate or rim elevations, grades and direction of flow. The direction of flow of all surface waters and of all streams shall be shown.
(d) 
The drainage plan shall be accompanied by complete drainage calculations made in accordance with the standards set forth in this chapter.
(14) 
Off-site drainage plan. The plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:
(a) 
The plan shall consist of an outline of the entire drainage basin in which the site is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
(b) 
The pertinent off-site existing drainage shall be shown with elevations of inverts and grade to the nearest 0.1 foot.
(c) 
To the extent that information is available and may be obtained from the county or municipal engineer(s), any existing plans for drainage improvements shall be shown.
(d) 
In the event that a temporary drainage system is proposed, full plans of that system shall be shown.
(e) 
The off-site drainage plans shall be accomplished by profiles of all proposed drainage, showing existing details; pipe sizes, types, inverts, crowns and slopes; all proposed structures and connections; and design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross sections at intervals not exceeding 100 feet shall be shown for all open channels.
(15) 
If required by the Planning Board Engineer, center-line profiles of streets bordering the site, internal roadways and major circulation aisles showing:
(a) 
Existing and proposed final grades and slopes.
(b) 
Pipe sizes, slope, type, inverts and grate or rim elevation of drainage and sanitary sewage facilities.
(16) 
Boring logs. Unless the Planning Board Engineer shall determine that fewer boring logs are required or that some or all of the boring logs may be deferred to the final plat stage, the site plan shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:
(a) 
Borings shall be spaced evenly throughout the site.
(b) 
One boring not less than 15 feet below grade or 20 feet minimum depth shall be made for every five acres, or portion thereof, of land where the water table is found to be 10 feet or more below proposed or existing grade at all boring locations.
(c) 
One additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than 10 feet below proposed or existing grade.
(d) 
In addition to the above, in those areas where the water table is found to be five feet or less below existing or proposed grade, two additional borings per acre, or portion thereof, will be required if construction of basements is contemplated. Borings shall be located where such basements are proposed.
(e) 
Boring logs shall show soil types and characteristics encountered, groundwater depths, the methods and equipment used, the name of the firm, if any, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest 0.1 foot.
(f) 
Based on the borings, the site plan shall clearly indicate all areas having a water table within two feet of the existing surface of the land, or within two feet of proposed grade, or all areas within which two feet or more of fill is contemplated or has previously been placed.
(17) 
Zone boundaries and the Tax Map sheet, lot and block numbers and names of owners of all properties within 200 feet of the site.
(18) 
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 500 feet of the subdivision.
[Amended 2-9-1982 by Ord. No. 2068]
(19) 
The location, area, dimensions and proposed disposition of any area or areas of the site proposed to be retained as common open space, indicating the facilities to be provided in such areas.
(20) 
The capacity of off-street parking areas and the location and dimensions of all access drives, aisles and parking stalls. The location and treatment of existing and proposed entrances and exits to public rights-of-way, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional width and any other device necessary for traffic safety and/or convenience and the estimated average number of passenger vehicles, single-unit trucks or buses and semitrailers that will enter the site each day.
(21) 
Graphic depiction of the anticipated routes and details of the system of on-site vehicular and pedestrian circulation. If the developer desires to have the appropriate provisions of Title 39 of the New Jersey Revised Statutes governing motor vehicle operation made applicable to the site, thereby allowing municipal police regulation of traffic control devices, he shall submit a formal request and a detailed plan meeting the requirements of the New Jersey Department of Transportation. The Township Engineer will advise the developer regarding the details of such a plan.
(22) 
The location and size of proposed loading docks.
(23) 
Location of curbs and sidewalks.
(24) 
Cross section(s) showing the composition of pavement areas, curbs and sidewalks.
(25) 
Exterior lighting plan, including the location and drawn details of all outdoor lighting standards and fixtures and a notation on the plat indicating conformance or nonconformance with the minimum design standards of the Toms River Township Land Use and Development Regulations.
[Amended 2-9-1982 by Ord. No. 2068]
(26) 
Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub and the location, type and amount of each type of ground cover to be utilized.
(27) 
Location of signs and drawn details showing the size, nature of construction, height and content of all signs.
(28) 
Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.
(29) 
Floor plans and building elevation drawings of any proposed structure or structures, or existing structures to be renovated.
(30) 
Location of handicapped facilities, including parking spaces and ramps, where applicable.
(31) 
If the Planning Board Engineer, Planning Board or Environmental Commission determines that specimen trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, caliper and type be shown on the plat for the following:
(a) 
Living deciduous trees having a trunk of six-inch diameter or more at breast height.
(b) 
All living coniferous trees having a trunk of six-inch or more diameter at breast height.
(c) 
All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one-inch or greater diameter at breast height.
(d) 
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
(32) 
Sectionalization and staging plan. Developers of large uses, such as shopping centers, multifamily dwellings, industrial parks or other such uses proposed to be developed in stages, shall submit a sectionalization and staging plan showing the following:
(a) 
The anticipated date for commencing construction of each section or stage. The staging of development on the site shall be such that if development of the site were discontinued after the completion of any stage, the developed portion of the site would comply in all respects to the requirements of this chapter and be provided with adequate drainage and utility systems.
(b) 
Those improvements that will be completed in each stage prior to application for certificate of occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied buildings in the site and adjoining properties.
(33) 
Written description of the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards. The written description shall also include the hours of operation of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site and provisions to be made for site maintenance.
(34) 
Such other information as the Planning Board and/or Planning Board Engineer may request during site plan review.
(35) 
It is recognized that in certain instances, the uniqueness of a particular proposal may require the waiver of some of the information required herein. The Planning Board may consider and for cause shown may waive strict conformance with such of these plat map details and other engineering documents as it sees fit. Any developer desiring such action should present with his application for development a listing of all such waivers desired, together with the reasons therefor. It shall also be indicated on the plat map that this plan, as some plat map details and engineering documents are not so indicated on the plat map, will not be used for construction purposes.
[Added 9-14-1982 by Ord. No. 2116]
C. 
Conditions of approval.
(1) 
Any approval of an application for development for a preliminary plat of a major site plan by the Planning Board shall be subject to the following conditions being satisfied prior to the signing of the plat:
(a) 
Payment of required reproduction fee.
(b) 
Submission of additional prints of the plat and attachments for distribution, if required.
(c) 
Preliminary Ocean County Planning Board approval, if not previously granted.
(d) 
Preliminary Toms River Sewerage Authority approval, if not previously granted.
(e) 
Bureau of Fire Prevention approval, if not previously granted.
(f) 
Publication of a notice of the decision by the applicant.
(g) 
Any other conditions which may be imposed by the Planning Board or may be required by federal, state or local law.
(2) 
The Planning Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions to the final plat submission.
D. 
Certification. In the event that the application for development for a preliminary plat of a major subdivision is approved, a certification to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Approved as a preliminary plat of a major subdivision by the Toms River Township Planning Board on ___________________.
______________________ Chairperson
Attest:
_______________________ Secretary ______________________ Date
shall be endorsed on the preliminary plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Administrative Officer that all conditions of approval have been satisfied. After signature the preliminary plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to the applicant.
E. 
Applicant's rights upon approval. Approval of a preliminary plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-49 and § 348-3.1J(5) of this chapter.
F. 
Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning Board and the Township Engineer that said clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the site plan is not undertaken and that required inspection fees have been paid, and adequate performance guaranties have been posted to provide for the cost to the Township of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvements is not completed and/or further development of the site is not undertaken. Such performance guaranties shall include but are not limited to the cost to the Township of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract areas from flooding, screening or fencing that may be required and all improvements to be undertaken which are within public rights-of-way or easements.

§ 348-6.11 Final plat of major subdivision.

A. 
Required documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major subdivision for public hearing before the Planning Board, the Administrative Officer shall determine that the following has been submitted in proper form:
(1) 
(Reserved)[1]
[1]:
Editor's Note: Former Subsection A(1), which required submission of a report from the Township Engineer and the Planning Board Engineer, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Application for final Ocean County Planning Board approval.
(3) 
Application for final Toms River Sewerage Authority approval.
(4) 
Application for land disturbance permit.
(5) 
Application for Bureau of Fire Prevention approval.
(6) 
Application for tree removal permit, where required.
(7) 
Traffic Safety Officer's report, where required.
(8) 
Application for municipal and/or state wetlands approval, where required.
(9) 
Application for floodplain encroachment permit, where required.
(10) 
Application for stream encroachment permit, where required.
(11) 
Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
(12) 
A certificate of title, which may be in letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.
(13) 
Other submittals that may be required by the Planning Board Engineer, Planning Board or federal, state or local law.
(14) 
Unless waived by the Planning Board, a formal request, in appropriate statutory form, requesting that the applicable provisions of Title 39 of the New Jersey Revised Statutes be made applicable to the site in order to permit police regulation of traffic control devices prior to acceptance of streets.
(15) 
Required application fees.
(16) 
Ten copies of a plat and attachments meeting the requirements set forth below.
[Amended 2-9-1982 by Ord. No. 2068; 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
B. 
Plat requirements.
(1) 
General requirements. A final plat may, for all or any portion of an approved preliminary plat, be submitted to the Planning Board within three years of the date of approval of the preliminary plat. In general, all requirements set forth in this chapter for tentative plats shall apply to final plats with the addition of the specific additional requirements set forth herein.
(a) 
A final plat shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provisions of Chapter 141 of the Laws of 1960 of the State of New Jersey, as amended and supplemented, and shall include or be accompanied by the information specified herein.
(b) 
All dimensions, both linear and angular, of the exterior boundaries of the subdivision and all lots and all lands reserved or dedicated for public use shall balance, and their description shall close within a limit of error of not more than one part in 10,000.[2]
[2]:
Editor's Note: Former Subsection B(1)(c), (d) and (e), which immediately followed this subsection and which pertained to use of the New Jersey State Plane Coordinate System for bearings and coordinates shown on the final plat, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Purpose of final plat. A final plat and supporting drawings and documents for a proposed subdivision constitute the complete and fully detailed and documented development of the subdivision proposal and becomes the basis for the construction of the subdivision and inspection by the Township Engineer, other officials and Planning Board. The portion of the plat intended for filing must be recorded at the County Clerk's office to have legal status.
(3) 
Title block. The title block shall appear on all sheets and shall include:
(a) 
Title of "Final Plat — Major Subdivision."
(b) 
Development name, if any.
(c) 
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.
(d) 
Date of original and all revisions.
(e) 
Names and addresses of owner and subdivider, so designated.
(f) 
The name(s), signature(s), address(es) and license number(s) of the engineer and land surveyor who prepared the map. The plat shall bear the embossed seal of said engineer and land surveyor.
(4) 
The final plat shall be based on a monumented, current, certified boundary survey. The date of the survey and the name of the person making the same shall be shown on the map. If 12 months or more has passed since the date of (or date of last recertification of) the survey, it shall be recertified and, if necessary, brought up-to-date. Any necessary revisions from the survey used as a base for the tentative plat shall be specifically noted.
(5) 
A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the dimensions and percentage of recreation acreage provided.
(6) 
All design information submissions required by the provisions of the improvements and design standards portions of this chapter shall accompany the final plat.
(7) 
A grading plan showing existing and proposed grading contours at one-foot intervals throughout the tract, except that if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Data shall be United States Coast and Geodetic Survey data (MSL=0), and the source of data shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading, including corner elevations of buildings and first floor and basement elevations.
(8) 
The limits of all areas of proposed cuts and fills, exclusive of excavations for basements, shall be clearly designated.
(9) 
On-site drainage plan.
(a) 
The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage, including existing and proposed contours as previously required.
(b) 
The plan shall outline each area contributing to each inlet.
(c) 
All proposed drainage shall be shown with pipe types and sizes, invert and grate or rim elevations, grades and direction of flow. The direction of flow of all surface waters and of all streams shall be shown.
(d) 
The drainage plan shall be accompanied by complete drainage calculations made in accordance with standards set forth herein.
(10) 
Off-site drainage plan. The final plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:
(a) 
The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
(b) 
The pertinent off-site existing drainage shall be shown with elevations of inverts and grade to the nearest 0.1 foot.
(c) 
To the extent that information is available and may be obtained from the county or municipal engineer(s), any existing plans for drainage improvements shall be shown.
(d) 
In the event that a temporary drainage system is proposed, full plans of that system shall be shown.
(e) 
The off-site drainage plans shall be accompanied by profiles of all proposed drainage, showing existing and proposed finished grades, channel section details; pipe sizes, types, inverts, crowns and slopes; all proposed structures and connections; and design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross sections at intervals not exceeding 100 feet shall be shown for all open channels.
(11) 
Center-line profiles of all proposed streets showing:
(a) 
Existing and proposed finished grades and slopes.
(b) 
Pipe sizes, slope, type, inverts and grate or rim elevations of drainage and sanitary sewage facilities.
(12) 
Where required by the Township Engineer, cross sections of proposed streets to at least 10 feet outside of any grading limit at intervals of at least every 100 feet, of all proposed streets.
(13) 
The location, caliper and type of the following may be required to be shown on the plat for a tree removal permit:
[Amended 9-14-1982 by Ord. No. 2116]
(a) 
Living deciduous trees having a trunk of six-inch diameter or more at breast height.
(b) 
All living coniferous trees having a trunk of six-inch or more diameter at breast height.
(c) 
All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one-inch or greater diameter at breast height.
(d) 
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
(14) 
The number, location and species of all proposed shade trees or other plantings.
(15) 
Detailed utility layouts, specifications and cross sections (sewers, water, gas, electric, telephone, etc.), showing feasible connections to any existing or proposed utility systems; provided, however, that detailed layouts of gas, electric and telephone lines are not required. An indication of these on a typical road cross section shall be sufficient. Layouts shall include proposed locations of streetlights and fire hydrants. If private utilities are proposed, they shall comply with all local, county and state regulations.
(16) 
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Planning Board in the determination of floodway and flood hazard area limits. In cases where all or a portion of a subdivision within the R-800 Zone is located in an unnumbered "A" Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, the applicant shall undertake and submit such studies as are necessary to determine the base flood elevation.
(17) 
Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way; land to be reserved or dedicated to public use, all lot lines and site easement lines, with accurate dimensions and bearings and radii, tangents, chords, arcs and central angles of all curves and all front, rear and side (or yard) setback lines.
(18) 
All monuments in accordance with Chapter 141 of the Laws of 1960 of the State of New Jersey, including all monuments found, monuments set and monuments to be set, and an indication of monumentation found and reset.
(19) 
Certificate of engineer or land surveyor as to accuracy of the details of the plat.
(20) 
Lot and block numbers shown on the final plat shall conform to the Township Tax Map, or proposed revisions thereof, and shall be obtained by the applicant's engineer from the Township Engineer. Proposed house numbers shall also be obtained from the Township Engineer and shall be shown encircled on the final plat, or one of the attachments thereto. The Township Engineer shall not affix his signature to the final plat unless the applicant has fully complied in this regard.
(21) 
Subdivision names and street names shown on the final plat shall not be the same or similar to any name of any existing subdivision or street in the Township of Toms River and shall be approved by the Township Engineer.
(22) 
The location of areas dedicated for park and recreation facilities or common open space as approved by the Planning Board.
(23) 
Unless waived by the Planning Board, a detailed plan setting forth the type and location of all traffic control and regulatory devices. This plan shall have been approved by, or in the opinion of the Township Engineer be likely to be approved by, the New Jersey Department of Transportation. This plan shall be prepared in consultation with the Township Engineer and the Toms River Township Police Department and shall provide for all appropriate traffic control measures necessary for the health, safety, convenience and well-being of those occupying, or likely to occupy, the subdivision between final approval and final acceptance. This plan shall be accompanied by the formal request referred to in § 348-6.11A(14).
(24) 
Such other information as the Planning Board and/or Planning Board Engineer may request during review.
(25) 
All plats submitted to the Planning Board for final approval shall comply with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) and shall not contain more than 100 lots. Simultaneous consideration of approval of multiple final sections, each containing not more than 100 lots, may be entertained by the Board.
(26) 
Sectionalization of final plats shall be in conformance with the sectionalization and staging plan, if any, approved with the preliminary plat.
C. 
Conditions of approval. Any approval of an application for development of a final plat of a major subdivision shall be subject to the following conditions being satisfied within a period of time specified by the Planning Board, prior to the signing of the plat or issuance of a development permit.
(1) 
Proof of payment of any outstanding real estate taxes.[3]
[Added 6-11-1985 by Ord. No. 2329-85]
[3]:
Editor's Note: Former Subsection C(1), which required payment of any outstanding real estate taxes, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Submission of additional prints of the plat map and attachments for distribution, if required.
(3) 
Publication of a notice of the decision by the applicant.
(4) 
Final Ocean County Planning Board approval, if not previously obtained.
(5) 
Final Toms River Sewerage Authority approval, if not previously obtained.
(6) 
Payment of required reproduction fees.
(7) 
Issuance of a land disturbance permit.
(8) 
Bureau of Fire Prevention approval, if not previously obtained.
(9) 
Issuance of a tree removal permit, if not previously obtained.
(10) 
Granting of state or municipal wetlands permit, if required.
(11) 
Granting of a floodplain permit, if required.
(12) 
Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey, Department of Environmental Protection, where required.
(13) 
Granting of a Coastal Area Facility Review Act (CAFRA) permit, where required.
(14) 
Granting of drainage and/or access permits by the New Jersey Department of Transportation, where required.
(15) 
Approval of any required riparian grants or licenses.
(16) 
Granting of any required construction permits.
(17) 
Posting of required performance guaranties. In the event that the development does not propose the construction of a new roadway, the Planning Board may, upon favorable recommendations of the Township Engineer, permit the installation and approval of, or posting of performance guaranties for the installation of, any improvements required by the Planning Board.
[Amended 5-22-1984 by Ord. No. 2244-84]
(18) 
Payment of required inspection fees. In the event that the development does not propose the construction of a new roadway, the Planning Board may, upon favorable recommendation of the Township Engineer, reduce the required inspection fees as indicated in § 348-3.4.
[Amended 5-22-1984 by Ord. No. 2244-84]
(19) 
Evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, identifying and saving harmless the Township of Toms River and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementing of the approved subdivision. The insurance policy shall provide for 30 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.
[Amended 5-22-1984 by Ord. No. 2244-84]
(20) 
Submission of an agreement from the applicant authorizing proposed roadways to be governed by State Statute Title 39, Subtitle 1.
[Amended 6-11-1985 by Ord. No. 2329-85[4]]
[4]:
Editor's Note: This ordinance also provided for the renumbering of former Subsection C(20) as Subsection C(21).
(21) 
Any other conditions which may be imposed by the Planning Board or may be required by federal, state or local law.
(22) 
Any final plat major subdivision approval shall expire unless the plat is filed with the county recording officer in compliance with Chapter 141 of the Laws of 1960, as amended and supplemented, within two years of the date of approval or such further time as provided in accordance with § 348-3.1J(7)(d) herein.
[Added 5 13-1992 by Ord. No. 2911-92]
(23) 
Proof of filing of a developer's agreement in the Ocean County Clerk's Office. Prior to filing, the developer must execute the agreement with the Township governing body to guarantee the installation of improvements.
[Added 12-9-2003 by Ord. No. 3843-03]
D. 
Certification. In the event that the application for development for a final plat of a major subdivision is approved, a certification to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Approved as a final plat of a major subdivision by the Toms River Township Planning Board on ___________________.
______________________ Chairperson
Attest:
_______________________ Secretary ______________________ Date
This plat must be filed in the office of the Clerk of Ocean County on or before ___________________, which date is 95 days after the date upon which this plat was signed.
_______________________ Secretary
shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board and the Township Engineer (as to the Map Filing Law certification) after they receive a certification from the Administrative Officer that all conditions of approval have been satisfied. After signature, the plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to the applicant for filing.
E. 
Filing of approved plat. If the applicant desires to proceed with a subdivision for which final approval has been granted, he shall file with the county recording officer a plat map drawn in compliance with Chapter 141 of the Laws of 1960, as amended and supplemented, within 95 days from the date upon which the plat was signed by the Planning Board Chairman and Secretary or Assistant Secretary. The applicant shall, within one week after filing the subdivision with the county recording officer, notify, in writing, the Township Engineer of the date of filing of the subdivision with the county recording officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map indicating thereon the filing date shall be obtained from the county recording officer by the Township Engineer, who shall distribute copies of the filed map to appropriate municipal officials. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire unless such time is extended by the Planning Board in accordance with § 348-3.1J(6)(b) herein.
[Amended 5-13-1992 by Ord. No. 2911-92]
F. 
Applicant's rights upon approval. Approval of a final plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-52 and § 348-3.1J(7) of this chapter.
G. 
Display of final plat. The subdivider or his agent shall keep a clear and legible copy of the approved final plat in plain view in a prominent location in his offices and/or salesrooms from which sales in the approved subdivision are made so that prospective purchasers may have the opportunity to learn the special conditions, if any, under which approval was given.

§ 348-6.12 Final plat of major site plan.

A. 
Required documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major site plan for public hearing before the Planning Board, the Administrative Officer shall determine that the following has been submitted in proper form:
(1) 
Proof of payment of any outstanding real estate taxes.[1]
[Added 6-11-1985 by Ord. No. 2329-85]
[1]:
Editor's Note: Former Subsection A(1), which required submission of a report from the Township Engineer and the Planning Board Engineer, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Application for final Ocean County Planning Board approval.
(3) 
Application for final Toms River Sewerage Authority approval.
(4) 
Application for a land disturbance permit.
(5) 
Application for Bureau of Fire Prevention approval.
(6) 
Application for a tree removal permit, where required.
(7) 
Traffic Safety Officer's report, where required.
(8) 
Application for municipal and/or state wetlands approval, where required.
(9) 
Application for a floodplain encroachment permit, where required.
(10) 
Application for a stream encroachment permit, where required.
(11) 
Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
(12) 
Other submittals that may be required by the Planning Board Engineer, Planning Board or federal, state or local law.
(13) 
Required application fees.
(14) 
Ten copies of a plat and attachments meeting the requirements set forth below.
[Amended 2-9-1982 by Ord. No. 2068; 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
(15) 
Two copies of a survey plat of the property in question prepared within 12 months of the application submission date. The copies shall include the signature and embossed seal of the professional land surveyor responsible for preparation of the survey.
[Added 12-9-2003 by Ord. No. 3843-03]
B. 
Plat requirements. The final plat shall include all data required for the preliminary plat of the major site plan and shall be drawn to incorporate all changes required as a condition of preliminary approval and shall be drawn by persons and to specifications as required for a preliminary plat and shall be titled "Final Plat — Major Site Plan."
C. 
Conditions of approval. Any approval of an application for development of a final plat of a major site plan shall be subject to the following conditions being satisfied, within a period of time specified by the Planning Board, prior to signing of the plat or issuance of a development permit:
(1) 
Proof of payment of any outstanding real estate taxes.[2]
[Added 4-11-1990 by Ord. No. 2729-90]
[2]:
Editor's Note: Former Subsection C(1), which required payment of any outstanding real estate taxes, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Submission of additional permits of the plat map and attachments for distribution, if required.
(3) 
Publication of a notice of the decision by the applicant.
(4) 
Final Ocean County Planning Board approval, if not previously obtained.
(5) 
Final Toms River Sewerage Authority approval, if not previously obtained.
(6) 
Payment of required reproduction fees.
(7) 
Issuance of land disturbance permit, if not previously obtained.
(8) 
Bureau of Fire Prevention approval, if not previously obtained.
(9) 
Issuance of tree removal permit, if required and not previously obtained.
(10) 
Granting of state or municipal wetlands permit, if required.
(11) 
Granting of a floodplain permit, if required.
(12) 
Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey, Department of Environmental Protection, where required.
(13) 
Granting of a Coastal Area Facility Review Act permit, where required.
(14) 
Granting of drainage and/or access permits by the New Jersey Department of Transportation, where required.
(15) 
Approval of any required riparian grants or licenses.
(16) 
Granting of any required construction permits.
(17) 
Posting of required performance guaranties.
(18) 
Payment of required inspection fees.
(19) 
Evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, identifying and saving harmless the Township of Toms River and its agencies, employees and agents from any liability for any acts of the developer or his agents, contractors or employees in the implementing of the approved site plan. The insurance policy shall provide for 30 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.
[Amended 5-22-1984 by Ord. No. 2244-84]
(20) 
Any other conditions which may be imposed by the Planning Board or may be required by federal, state or local law.
(21) 
The approval of a final plat major site plan shall expire two years after the date of approval or such further time as extended by the Planning Board if a building permit or, where a building permit is not required, a certificate of occupancy has not been obtained.
[Added 5-13-1992 by Ord. No. 2911-92]
D. 
Certification. In the event that the application for development for a final plat of a major site plan is approved, a certification to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Approved as a final plat of a major site plan by the Toms River Township Planning Board on ___________________.
______________________ Chairperson
Attest:
_______________________ Secretary ______________________ Date
shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board after they receive a certification from the Administrative Officer that all conditions of approval have been satisfied. After signature, the plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the original shall be returned to the applicant.
E. 
Applicant's rights upon approval. Approval of a final plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-52 and § 348-3.1J of this chapter.

§ 348-6.13 Exempt development.

A. 
Required documents. In cases where a proposed exempt development requires Board of Adjustment action on an application for development for either the granting of a variance pursuant to N.J.S.A. 40:55D-70 or direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36, prior to issuance of a certificate of completeness or scheduling of the application for development for public hearing before the Board of Adjustment, the Administrative Officer shall determine that the following have been submitted in proper form:
(1) 
Required application fees.
(2) 
Three copies of a plot plan/survey prepared by a licensed professional sanctioned pursuant to state regulations and updated to reflect conditions as they exist on the date of the application, including a certification as to accuracy. For applications for a variance or direction to issue a building permit, said plot plan must be based upon a survey dated within six months of submission of the application.
[Amended 2-9-1982 by Ord. No. 2068; 9-24-1996 by Ord. No. 3196-96]
(3) 
Three copies of an area map showing the tax lot and block numbers of all properties located within 200 feet of the property for which the application is being made.
[Amended 2-9-1982 by Ord. No. 2068]
(4) 
Any other documents which the Board of Adjustment may request.
B. 
Conditions of approval. Any approval of an application for development by the Board of Adjustment or issuance of a development permit under this section shall be subject to the following:
(1) 
The applicant obtaining a building permit, or certificate of occupancy where a building permit is not required, within a period of time specified by the Board of Adjustment. The approval shall expire and the development permit shall become invalid if the required permit is not obtained within the specified period.
(2) 
Any other conditions which the Board of Adjustment may impose.
(3) 
Proof of payment of any outstanding real estate taxes.
[Added 4-11-1990 by Ord. No. 2729-90]

§ 348-6.14 Recreation area dedication.

[Added 2-15-2005 by Ord. No. 3930-05]
All applicants seeking preliminary major subdivision approval to create single-family residential lots shall be required to provide for active and passive recreational areas and facilities within the subject property of the proposed subdivision in accordance with the following standards:
A. 
Reservation of recreational lands.
(1) 
All applicants shall reserve an area equal to 5% of the overall tract area for active and passive recreational needs of the future residents of the proposed subdivision.
(2) 
The area so reserved shall consist of contiguous lands; the exact location and configuration thereof to be approved by the Board.
(3) 
At least 50% of the reserved tract area shall be devoted to active recreational uses, including but not limited to children's playground, athletic fields, bocce courts, tennis courts and other similar facilities.
(4) 
The remaining portion of the reserved recreational area may be devoted to passive recreational uses, including but not limited to nature trails, dedicated open space and animal/bird sanctuaries.
(5) 
All reserved recreation areas shall be outside any established wetland or wetland buffer areas and/or areas of steep slopes, except that 50% of the area to be reserved for passive recreation may consist of such lands.
B. 
Construction provision of active recreation facilities. As a condition of any approval, the applicant shall construct and/or provide all proposed recreational facilities within the areas reserved for active recreation. These facilities shall be a bondable item and shall be included within applicant's performance guarantees following approval.
C. 
Recreation plan. At the time of submission of the application for preliminary major subdivision approval, the applicant shall be required to submit a recreation plan to show the location and configuration of the reserved recreation area, together with the location and specifications of the proposed facilities to be constructed therein. Said plan is to be prepared by a New Jersey licensed engineer, land surveyor or landscape architect. The submission of said plan shall be required prior to the application being deemed complete in accordance with N.J.S.A. 40:55D-10.3, unless a waiver is sought by the applicant and approved by the Board in accordance with Subsection E(1) below.
D. 
Ownership/maintenance of reserved recreation area.
(1) 
As a condition of approval, the applicant shall establish a homeowners' association, which shall consist of the record owners of all residential lots within the proposed subdivision. Said homeowners' association shall be responsible for the future maintenance and repair of the reserved recreational areas and facilities located therein. Prior to the signing of the preliminary subdivision plat, the applicant shall deliver copies of the proposed articles of incorporation and bylaws of said association for review and approval by the Board Attorney. Said documents shall establish the right of the municipality to enforce the obligation of the future homeowners to maintain and repair the reserved recreation area and facilities by instituting the appropriate legal proceeding and shall also provide assessment powers to the municipality. The applicant shall also prepare and record a deed restriction outlining the obligations of the homeowners' association prior to conveyance of any lot within the subdivision and further shall provide a point of sale disclosure of the same to all prospective purchasers within the subdivision.
(2) 
As an alternative to the establishment of a homeowners' association, the applicant may dedicate the reserved recreation area to the Township of Toms River upon payment of a fee equal to $750 per residential unit approved. This dedication shall occur following the filing of the final subdivision plat with the Ocean County Clerk or upon the construction, inspection and approval of the required recreational facilities within the reserved recreation area, whichever shall occur last.
E. 
Contribution in lieu of reservation.
(1) 
The Board may grant a waiver of the required reservation of recreational lands pursuant to this chapter only upon the applicant's agreement to pay a contribution in lieu thereof equal to $1,500 per residential unit approved within the subdivision.
(2) 
All payments made by applicants pursuant to Subsection D(2) or E(1) of this section shall be deposited into the Township's Special Recreation Trust Account, which fund