[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.]
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."
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."
[Amended 12-26-2017 by Ord. No. 4569-17]
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 plan element and the housing plan element of the Master
Plan, in accordance with the provisions of the Municipal Land Use
Law (N.J.S.A. 40:55D-1 et seq.).
[Amended 12-26-1978 by Ord. No. 1801; 3-11-1980 by Ord. No. 1909; 2-9-1982 by Ord. No. 2068; 9-14-1982 by Ord. No. 2116; 8-23-1983 by Ord. No. 2195-83; 6-11-1985 by Ord. No. 2329-85; 11-25-1986 by Ord. No. 2452-86; 1-26-1988 by Ord. No.
2539-88; 3-8-1989 by Ord. No. 2638-89; 8-9-1989 by Ord. No. 2670-89; 4-11-1990 by Ord. No. 2729-90; 6-13-1990 by Ord. No. 2748-90; 7-10-1991 by Ord. No.
2840-91; 9-25-1991 by Ord. No. 2859-91; 12-26-1991 by Ord. No. 2881-91; 5-13-1992 by Ord. No. 2911-92; 11-10-1992 by Ord. No. 2943-92; 11-9-1994 by Ord. No.
3059-94; 2-22-1995 by Ord. No. 3084-95; 3-12-1996 by Ord. No. 3164-96; 9-24-1996 by Ord. No. 3196-96; 7-8-1997 by Ord. No. 3271-97; 8-12-1997 by Ord. No.
3277-97; 11-24-1998 by Ord. No. 3386-98; 9-12-2000 by Ord. No. 3551-00; 2-13-2002 by Ord. No. 3665-02; 12-9-2003 by Ord. No. 3843-03; 6-9-2004 by Ord. No.
3880-04; 12-27-2006 by Ord. No. 4064-06; 8-14-2007 by Ord. No. 4097-07; 12-18-2007 by Ord. No. 4123-07; 2-12-2008 by Ord. No. 4127-08; 10-28-2008 by Ord.
No. 4164-08; 2-10-2009 by Ord. No. 4173-09; 3-10-2009 by Ord. No. 4183-09; 5-26-2009 by Ord. No. 4201-09; 3-23-2010 by Ord. No.
4245-10; 5-14-2013 by Ord. No. 4402-13; 5-28-2013 by Ord. No. 4403-13; 3-25-2014 by Ord. No. 4429-14; 10-14-2014 by Ord. No. 4459-14; 11-25-2014 by Ord.
No. 4467-14; 3-10-2015 by Ord. No. 4476-15; 12-12-2017 by Ord. No. 4562-17; 12-26-2017 by Ord. No. 4569-17]
Whenever a term which is defined in N.J.S.A. 40:55D-1 et seq. and/or the New Jersey State Uniform Construction Code, N.J.S.A. 52:27D-119 et seq., or which is defined in N.J.S.A. 40:55D-28, 40:55D-62, and 40:55D-329, and/or the Procedural Rules of the New Jersey Council on Affordable Housing is used in this chapter, 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 chapter, unless the context clearly indicates a different meaning.
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; the plural number includes the singular;
the word "zone" includes the word "district"; the word "use" includes
the words "arranged," "designed," and the phrase "intended to be used";
and the word "shall" is mandatory and not directory.
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.
Certain words, phrases and terms in this chapter are defined
for the purpose herein as follows:
A subordinate use or structure, the purpose of which is incidental
to that of a principal use on the same lot.
The Township Planner for matters under the jurisdiction of
the Planning Board or the Zoning Board of Adjustment; and the Township
Clerk for matters under the jurisdiction of the governing body. The
Zoning Officer, the Township Engineer and the Township Planner are
authorized to perform any function of the Administrative Officer that
is set forth in this chapter or is otherwise provided for under the
provisions of the Municipal Land Use Law.
A nonresidential facility maintained for the care, development
and/or supervision of persons age 18 or older.
The Township Planner of the Township of Toms River, and other
municipal official(s) and/or designee(s) appointed or contracted by
the Township Council of the Township of Toms River to administer the
compliance and/or implementation of the Township's affordable housing
plan. This term shall apply to the designated Municipal Housing Liaison
and to the designated administrative agent.
A multifamily residential development created to provide
housing opportunities for low-income and moderate-income senior citizens.
At least one member of the household which qualifies for the low-income
or moderate-income status must be at least 55 years of age or older.
The same as "dwelling unit."
An establishment licensed by the Alcoholic Beverage Commission,
also known as a "craft distillery," that produces small quantities
of beverage-grade spirit alcohol in single batches.
[Amended 3-9-2021 by Ord.
No. 4695-21]
An attic under a sloped roof that has a fixed and permanent
stairway as a means of providing access and egress to and from a common
hallway of the floor below and which the ceiling area at a minimum
height of seven feet above the attic floor is not more than 1/3 the
area of the next floor below. No habitable attic above a second usable
floor level from finished grade shall be used as a bedroom, as defined
herein.
[Added 9-24-2019 by Ord.
No. 4646-19]
Any premises on which are held, at periodic times, auction
sales of merchandise or any other personal property.
The statistically inferred structural attributes of a vegetative
group, as described by the mean trees per acre, mean DBH and height,
for each species of tree occurring in sampling and extrapolated to
a per-acre basis.
The cross-sectional area of tree trunk in square inches,
measured on living trees only and at 4.5 feet above uphill grade (i.e.,
at DBH). This is a measure that describes attributes of a single tree,
a group of trees, or all of the trees in an area.
The elevation, based on mean sea level (USGS datum), of a
flood that has a one-percent or greater chance of occurrence in any
given year as established by the Federal Insurance Administration
and as shown on the Flood Insurance Rate Maps of the Federal Insurance
Administration.
A space partly underground and having one-half or more of
its floor to ceiling height above the average level of the finished
grade as measured along the perimeter of the building. See the definition
of "story."
An owner-occupied establishment where guest rooms are provided
to paying guests for a limited tenure stay and where such limited
tenure stay may include breakfast or other meals.
Any enclosed room of 70 square feet or greater within a residential
dwelling containing a closet and egress approvable under the Uniform
Construction Code for sleeping purposes.
Any building with two or more rooms designed and intended
for single room occupancy in which more than two persons are housed
or lodged, with or without meals. Any hotel or motel in which more
than 15% of the guest rooms are occupied by persons for longer than
90 days shall also be considered a rooming house.
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, fuel sales and rental
business activities related to the primary use.
An establishment licensed by the Alcoholic Beverage Commission
as a restaurant wherein the service of alcoholic beverages is restricted
to that which is produced on site in accordance with the issued license.
The total of areas of outside dimensions on a horizontal
plane at ground level of the principal building and all accessory
buildings, exclusive of unroofed porches, terraces or steps having
vertical faces, which at all points are less than three feet above
the level of the ground.
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, except that where
there is a roof deck with a railing, the height would be measured
to the top of the ridge of a pitched roof on the same level as the
roof deck, or to the top of a railing surrounding roof deck on a roof
that is flat over the entire floor below; to the mean height level
(between the ridge and the plate) of the uppermost roof 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.
The line beyond which a building shall not extend unless
otherwise provided in this chapter.
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.
A building in which is conducted the principal use of the
site on which it is situated. In any district, any single-family dwelling
shall be deemed to be a principal building on the lot on which it
is located.
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.
Those areas within boundaries accepted by the Department
of Environmental Protection in accordance with the State Development
and Redevelopment Plan, pursuant to N.J.A.C. 7:8E-5B.
The geographic depiction of the boundaries for Coastal Planning
Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C.
7:7E-5B.3.
The diameter measurement of a tree measured at 12 inches
above ground level.
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.
A space wholly or partly underground and having 1/2 or more
of its floor to ceiling height below the average level of the finished
grade as measured along the perimeter of the building. See the definition
of "story."
A document issued by the Administrative Officer after all
required submissions have been made in proper form, certifying that
an application for development is complete.
A certificate issued by the Administrative Officer, in accordance
with the provisions of N.J.S.A. 40:55D-68, for a use or structure
which is not in conformance with the provisions of this chapter.
A certificate issued upon completion of construction and/or
alteration of any building or the change in occupancy of a commercial
or industrial building. The certificate shall acknowledge compliance
with all requirements of this chapter, such variances or design waivers
thereto granted by the Zoning Board of Adjustment or Planning Board,
and/or all other applicable requirements.
A nonresidential facility, licensed by the Department of
Human Services pursuant to N.J.S.A. 30:5B-1 et seq., maintained for
the care, development or supervision of children.
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, synagogues (including shuls), mosques and other
similar designations, as well as parish houses, convents, and related
accessory uses. Schools shall not be considered customary accessory
buildings to a church or place of worship. A building that was designed
and intended as a residential dwelling shall not be deemed a place
of worship unless it is altered, modified or arranged for use in accordance
with the Uniform Construction Code and open to the general public
for worship on a regular basis.
The removal of all or substantially all standing trees on
a lot or portion of a lot.
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, insurance company,
or by a business for its employees and their families.
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.
An application for development which complies in all respects
to the appropriate submission requirements set forth in this chapter.
The unilateral placement or recording of a deed restriction
or conservation easement by a property owner which is not part of
an approved plan for development approved by the Township Planning
Board or Zoning Board of Adjustment.
[Added 3-7-2023by Ord.
No. 4771-23]
This term is to be read with the same meaning as "building
permit."
A mobile trailer, container or modular unit temporarily located
at a construction site and utilized for storage, office or warehousing
purposes, but not as a sales trailer.
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.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
A lot fronting on two or more streets at their intersection.
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.
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 not having
walls, as measured to the supporting columns, pillars, or posts in
the same manner and under the same terms as if the supporting elements
were building facades.
The area of a lot covered by all impervious surfaces, expressed
as a percentage of lot area.
All of the living branches, twigs and foliage of a tree after
the first bifurcation from the main trunk or trunks.
A facility designed to provide daytime care for children
age six and under.
Calendar days.
A flat surface capable of supporting weight similar to a
floor, constructed outdoors and elevated from the ground.
The height of a deck measured to the top of the highest attached
structure, including deck railing and any built-in accessory, such
as furniture, fireplace, outdoor kitchen, or similar permanent structures.
Any roofed or covered structure, including covered decks, pergolas,
outdoor showers, etc., shall be considered either accessory buildings
if detached, or part of the principal building if attached, and shall
meet the applicable height requirements of the zone.
The New Jersey Department of Environmental Protection, unless
otherwise set forth herein.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design, and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
A plan submitted by the developer and approved by the Township's
Affordable Housing Administrator, which shall identify the manner
in which the developer plans to develop, price, market, and restrict
the low-income and moderate-income dwelling units in accordance with
this article.
Money paid by an individual, person, partnership, association,
company, or corporation for the improvement of property, as set forth
in Article XI and as permitted pursuant to N.J.A.C. 5:92.18 et seq.
Development fees are to be used to assist in the provision of affordable
housing.
The diameter of a tree measured at a point on the tree 4.5
feet from the uphill ground level. This phrase may appear in this
chapter as the abbreviation "DBH" or "dbh."
Any part of the territory of the Township of Toms River which
is designated on the Township Zoning Map and to which certain uniform
regulations and requirements of this chapter apply.
The same as "restaurant, drive-in."
Any building or portion thereof designed or used exclusively
for one or more dwelling units.
DWELLING UNITA building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one family and with an independent means of access.
DWELLING, SINGLE-FAMILYA building designed for or containing one dwelling unit.
DWELLING, TWO-FAMILYA building designed for or containing two dwelling units.
DWELLING, MULTIPLEA building designed for or containing three or more dwelling units.
DWELLING, EFFICIENCY APARTMENTAn 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.
DWELLING, ONE-BEDROOM APARTMENTAn 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.
DWELLING, TWO-BEDROOM APARTMENTAn 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.
DWELLING, THREE-BEDROOM APARTMENTAn 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.
DWELLING, TOWNHOUSEA 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.
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.
Public (including charter), 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.
The Township Engineer, Planning Board Engineer, Zoning Board
of Adjustment Engineer, or other appointed board engineers.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors; natural heritage
priority sites; habitats of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the New Jersey Department
of Environmental Protection's Landscape Project as approved by the
Department's Endangered and Nongame Species Program.
The value of the property determined by the Municipal Tax
Assessor through the process designed to ensure that all property
in the Township is assessed at the same assessment ratio or ratios
required by law. Estimates at the time of the building permit may
be obtained by the Tax Assessor utilizing estimates for construction
costs. Final equalized assessed value will be determined at unit/project
completion by the Municipal Tax Assessor.
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;
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;
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.
The primary activity, under one proprietorship, of a parcel
or building or a section thereof.
Site plan and/or subdivision approval shall not be required
for the following:
Construction, additions or alterations related to single-family
detached or two-family detached dwellings on individual lots.
Interior alterations which do not increase the required number
of off-street parking spaces.
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.
Exterior alterations which involve architectural enhancements
to rooflines, cornices, windows and doors.
Construction or installation of underground facilities which
do not alter the general use, appearance or grade of the site.
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.
The construction of less than 1,000 square feet of additional
space, including accessory structures that otherwise meet the parking,
bulk and setback requirements in the zone.
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 the Municipal Land
Use Law at N.J.S.A. 40:55D-7.
Home professional offices and home occupations of less than
500 square feet within existing buildings located in districts where
such home professional offices and home occupations are permitted
as either accessory uses or conditional uses, provided that all of
the following conditions are met:
All persons employed reside on the premises;
There is no change in the residential appearance of the dwelling;
Any sign would be no larger than that permitted for a single-family
dwelling in that zone;
No customers, patients or patrons regularly visit the site.
Commercial vehicles are not permitted unless the requirements of § 348-5.26 as applied to single-family dwellings are met. Vehicles licensed as limousines or taxis are considered to be commercial vehicles in the context of this provision.
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.
Modification to site to improve handicap accessibility not involving
additional building area.
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.
Temporary outdoor display of goods for sale in accordance with § 348-5.20.
Clothing bins which are regulated in Chapter 391 of this Code.
Outdoor seating in accordance with § 348-5.45.
Includes the transfer of ownership between husband and wife
and transfers of ownership between former spouses as a result of a
judicial decree of divorce or a judicial separation but not including
sales to third parties; the transfer of ownership between family members
as a result of inheritance; the transfer of ownership through an executors
deed to a Class A beneficiary; and a transfer of ownership by court
order.
The unrestricted price of a low-income or moderate-income
housing unit if sold at a current real estate market rate.
One or more persons living together as a single entity, household
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.
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.
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 is necessary to the operation
of a farm.
A commercial business or cooperative gathering primarily
for the display and sale of locally grown produce.
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials.
A fence in which a minimum percentage of the area between
grade level and the top cross member (wire, wood or other material)
is open. For example, a picket fence where the space between two pickets
is twice as wide as the picket would be 66% open and a picket fence
where the picket width equals the width of the space between the pickets
would be 50% open.
The final map of all or a portion of the site plan or subdivision
which is presented to the Planning Board or Zoning Board of Adjustment
for final approval in accordance with the provisions of this chapter.
The sum, measured in square feet, 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 all habitable floors.
The sum of the gross habitable floor area of all floors of
buildings compared to the total area of the lot.
A formal forest and natural resource management plan that
meets the requirements of such plans as described by the New Jersey
Department of Environmental Protection, Division of Parks and Forestry-Forest
Service.
Any foundation consisting of nonmortared blocks, wheels,
a concrete slab, runners, or any combination thereof, or any other
system approved by the Commissioner of the New Jersey Department of
Community Affairs for the installation and anchorage of a manufactured
home on other than a permanent foundation.
A system of support installed either partially or entirely
below grade, which is:
A building or structure intended or suitable for the storage
of motor vehicles.
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."
The same as "motor vehicle service station."
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.
The Township Council of the Township of Toms River.
The same as "finished grade."
The completed surface elevations 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.
The same as "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 height above the finished floor of seven feet or greater,
but not including any cellar or any garage space, breezeway, or floors
that lie below base flood elevation in areas that are subject to flooding,
or accessory building space. A basement shall be included in gross
habitable floor area as long as it is not located in an area that
is subject to flooding.
[Amended 8-14-2018 by Ord. No. 4597-18]
A community residence or other domicile where adult individuals
with disabilities live in a single-family dwelling with or without
supervision and support services, including self-run, self-supported
recovery homes. A group home shall be deemed a single-family use if
determined to be of a type that is covered under the Federal Fair
Housing Act (42 United States Code §§ 3601 to 3619
and 3631).
Any public or private establishment other than a foster home
that provides board, lodging, care and treatment services on a twenty-four-hour
basis to 12 or fewer children pursuant to N.J.A.C. 10:128-1.2. A child
group home or foster care home shall be deemed to be a single-family
use.
The same as "gross habitable floor area."
A residential substance use disorders treatment facility
licensed under N.J.A.C. 10:161A-1.3, operating in a physically separate
location, in which the halfway house treatment is programmatically
separate and distinct from short-term substance use disorders residential
services or long-term substance use disorders residential services.
For purposes of this chapter "halfway house" shall not include a residential
facility for prerelease or reentry programs for incarcerated persons
(see "reentry residential facility").
A 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, halfway house or other facility for the care
or treatment of substance use disorders, bioanalytical laboratory
(except as specifically excluded hereunder), or central services facility
with 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.
A landing place for helicopters.
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. A business conducted from the dwelling
by the resident household shall be permitted in all zoning districts
and shall not be regulated as a home occupation if it meets the following
criteria:
No outside employees work from the dwelling.
No more than one commercial vehicle not to exceed four tons.
No change in the residential appearance of the dwelling.
No sign indicating that the dwelling is used for business purposes.
No tractor trailer deliveries to the location, with deliveries
limited to those commercial vehicles that would customarily serve
residential areas.
No outside storage of equipment, items under or awaiting repair,
or goods.
No customers or clients visit the site.
No noise, glare, furnes, odors, or electrical interference.
The business is conducted entirely within the dwelling or a
building accessory to the dwelling.
Any professional office conducted entirely within the dwelling
or accessory building to the dwelling which is the bona fide residence
of the practitioner.
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.
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. For purposes of this chapter, a minimum of 85%
of the guest rooms must be devoted to guests of limited tenure (a
stay at the establishment of less than 90 days, regardless of the
number of guest rooms used by the guest).
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water, including
but not limited to asphalt, pavers, concrete, buildings, and hard
gravel. Pools, spas and man-made ponds are exempt.
A housing development in which at least 20% of the housing
units are reserved for low-income and moderate-income households.
A permanent structure containing facilities for recreational
activities such as tennis, platform games, swimming, exercise rooms,
handball and similar activities.
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.
The process by which water seeps into the soil from precipitation.
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.
A lot bounded by a street on one side only.
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." Also see Chapter 344 of the Code of the Township of Toms River.
Any tree with a diameter at breast height of 16 inches or
greater, or other individual tree of unique scientific, historic,
cultural or ecological value. Exceptions will be made based on species,
health or conditions as determined by the Township Forester. A landmark
tree is an historic resource, and must be designated as such and placed
on a list by the Township Forester.
A person licensed by the State of New Jersey in the field
of landscape architecture.
A person who has completed the education and testing requirements
to be licensed and recognized as such by the state of New Jersey DEP,
Division of Parks and Forestry - Board of Tree Experts.
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.
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.
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.
A 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.
The area of a lot contained within the lot lines of the property.
Any portion of the lot included in a street right-of-way shall not
be included in calculating lot area. Portions of lots encumbered by
easements 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.
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, each side lot line shall
be considered a rear lot line for the purpose of determining lot depth
only.
The length of the front lot line measured along the street
line. Each abutting street shall be considered separately in the calculation
of lot frontage.
Any line designating the extent or boundary of a lot. As applied to corner lots, see the provisions of § 348-5.6.
FRONT LOT LINEA lot line which is coexistent with a street line and along which the lot frontage is calculated.
REAR LOT LINEThe lot line most distant and generally opposite and parallel to the front lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
The shortest distance between the side lot lines measured
at the required minimum front setback line. On corner lots, each front
lot line shall be considered a side lot line for the purpose of determining
lot width.
Housing affordable and occupied or reserved for occupancy
by households with a gross household income equal to 50% or less of
the median gross household income for households the same size within
the housing region in which the house is located in and subject to
affordability controls as promulgated by the State of New Jersey.
Any site plan not classified as a minor site plan or exempt
site development.
A unit of housing which:
Consists of one or more transportable sections which are substantially
constructed off site and, if more than one section, are joined together
on site;
Is built on a permanent chassis;
Is designed to be used, which connected to utilities, as a dwelling
on a permanent or nonpermanent foundation; and
Is manufactured in accordance with the standards promulgated
for a manufactured home by the Secretary of the United States Department
of Housing and Urban Development pursuant to the National Manufactured
Housing Construction and Safety Standards Act of 1974, and the standards
promulgated for a manufactured or mobile home by the Commissioner
of the New Jersey Department of Community Affairs pursuant to the
State Uniform Construction Code Act, (N.J.S.A. 52:27D-119 et seq.),
and includes any unit of housing manufactured before the effective
date of the standards promulgated by the Secretary or, as appropriate,
by the Commissioner, but which otherwise meets the criteria set forth
in this subsection.
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.
Any waterfront facility wherein berthing spaces for any and
all watercraft or boats are provided. A marina shall be deemed to
include, in addition: motor vehicle 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.
An establishment licensed by the Alcoholic Beverage Commission
to produce not more than 15,000 barrels of beer on an annual basis.
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.
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.
A development for which site plan approval is required and
which meets the following conditions:
The construction of drainage facilities is not required.
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.
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.
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:
Curbs and sidewalks exist or where the developer agrees to install
and post performance guaranties for curbs and sidewalks.
The subdivision does not require the extension of municipal
facilities at the expense of the municipality.
The subdivision and construction resulting therefrom will not
adversely affect drainage patterns of the basin in which the lots
are situated.
The subdivision will not adversely affect the development of
the remainder of the parcel or the adjoining property.
No portion of the lands involved have constituted a part of
a minor subdivision within two years preceding the application.
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.
A parcel of land, or two or more contiguous parcels of land,
containing no fewer than 10 sites equipped for the installation of
manufactured homes, where these sites are under common ownership and
control, other than as a cooperative, for the purpose of leasing each
site to the owner of a manufactured home for the installation thereof,
and where the owner or owners provide services, which are provided
by the municipality in which the park is located for the property
owners outside the park, which services may include but shall not
be limited to:
Housing affordable and occupied or reserved for occupancy
by households with a gross household income of more than 50% but less
than 80% of the median gross household income for households of the
same size within the housing region in which the house is located
and subject to affordability controls, as promulgated by the State
of New Jersey.
A hotel where each unit has convenient access to a parking
space or parking spaces for the use of the unit's occupants. For purposes
of this chapter, a minimum of 85% of the guest rooms must be devoted
to guests of limited tenure (a stay at the establishment of less than
90 days, regardless of the number of guest rooms used by the guest).
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.
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 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.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township of Toms River or other public body, and is designed
and used for collecting and conveying stormwater.
A small microbrewery licensed by the Alcoholic Beverage Commission
(see definition of "microbrewery").
[Amended 3-9-2021 by Ord.
No. 4695-21]
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A structure or building in which there will be no persons
residing/living for a continuous period of habitating in a nontransient
manner.
A place where trees, shrubs, vines and ornamental plants
are propagated and/or grown for gain.
A school designed to provide daytime care or instruction
of two or more children age six and under.
The specific purpose for which land or a building is used,
designed or maintained.
A business establishment, including but not limited to offices
of insurance agents, mortgage brokers, title agents or travel agents,
which does not offer a product or merchandise for sale to the public,
but which offers a service to the public. Personal services are not
to be included within the definition of "office, business."
An office that offers a service to the public and shall include:
1) medical professional services such as physicians, dentists, optometrists,
podiatrists, and chiropractors; 2) licensed professional services
such as attorneys, engineers, landscape architects, architects, land
surveyors and accountants; and 3) service providers where the customer
is primarily served outside the office, such as ministers, home health
care, and real estate services. Personal services are not to be included
within the definition of "office, professional." (Also see "office,
business.")
An unenclosed outdoor dining area operated on a seasonal
basis by a restaurant on the same lot occupied by the restaurant.
An unenclosed, temporary outdoor seating area operated by an adjoining eating or drinking establishment, and meeting the standards set forth in § 348-5.45.
An open area, other than a street, intended for the same
use as a private garage.
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.
An off-street space provided for the parking of a motor vehicle.
Any individual, firm, company, partnership, association,
corporation, limited-liability company, or developer other than the
Township, the County of Ocean, and the State of New Jersey.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel. Personal
service providers include dry cleaners, tailors, shoe repair, barber
shops, nail salons, beauty shops, computer repair, appliance repair,
and similar uses that do not involve retail sales.
An area of land containing dwellings and recreational, cultural,
and medical facilities, and services for the benefit of the permanent
residents who are persons 55 years of age or over.
A licensed New Jersey professional engineer 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.
Any trailer, container, storage unit or portable structure
(commonly known as PODS®) with or without wheels designed to be
used for short-term storage of tangible property and not for occupancy
by persons, and without a foundation.
A lot or tract of land or any combination thereof held under
single ownership or control.
The average setback of buildings within 200 feet on the same
side of the street. 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.
The difference between the controlled unit sale price and
the fair market value as determined at the date of the proposed contract
sale after reasonable real estate broker fees have been paid.
The primary or principal purpose for which a building, structure
or lot is used.
A use that is not specifically allowed or permitted in a
particular zone.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
An area of land designated by resolution of the Township
Council as an Area In Need of Redevelopment pursuant to N.J.S.A. 40A:12A-5.
A plan for the redevelopment or rehabilitation of a redevelopment
area or rehabilitation area, adopted by Township Council pursuant
to N.J.S.A. 40A:12A-7.
A residential facility operated by or under the jurisdiction
of the New Jersey Department of Corrections for the purpose of housing
persons about to be released from serving a term of incarceration.
An area of land designated by resolution of the Township
Council as an Area In Need of Rehabilitation pursuant to N.J.S.A.
40A:12A-14.
Obligation of a seller exercising the repayment option to
pay 95% of the price differential to a municipality at closing for
use within the municipal housing plan.
The option of a seller of a low- or moderate-income unit
to sell a unit pursuant to N.J.A.C. 5:93-12.7 at a fair market value
subject to compliance with the terms of the repayment clause.
A nursery-grown tree, either balled and burlapped or containerized,
and marked with a durable label indicating genus, species and variety
having a minimum caliper of 2 1/2 inches for nonconiferous trees
and a minimum height of eight feet for conifers. Every replacement
tree shall, at a minimum, comply with ANSI Standard Z60.1-1996, American
Standard for Nursery Stock.
Any establishment, however designated, at which food is sold
for consumption on the premises, but normally to patrons seated within
an enclosed building. 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.
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. This term also includes an establishment
where food and/or beverages are sold in a form ready for consumption,
where all or a significant part of the consumption takes place outside
the confines of the restaurant, and where ordering and pickup of food
may take place from an automobile.
An establishment at which food is sold either for consumption
on the premises by patrons seated within an enclosed building, and/or
for the ordering and pickup of food directly from a vehicle using
a drive-through lane.
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.
The land and vegetation within and adjacent to a regulated
water as described and defined at N.J.A.C. 7:13-4.1.
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. Bathrooms shall not count as rooms.
The same as "boardinghouse."
A mobile trailer or modular unit temporarily located at a
construction site and utilized as a sales or rental center and open
to the general public. A sales trailer may be used in part as a construction
trailer.
Any concentration or grouping of trees or shrubbery as may
be required by this chapter.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The removal of certain, often larger, trees on an individual
basis while leaving other trees, possibly of lesser size, for future
silvicultural harvest.
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.
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 or structure is closest to such
lot lines.
The line beyond which a building or structure shall not extend
unless otherwise provided in this chapter.
An integrated development of such uses as retail stores and shops, personal service establishments, professional and business offices, banks, and restaurants, 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. Medical professional uses, while permitted in a shopping center, shall be considered separately in the determination of off-street parking requirements in accordance with the standards set forth in § 348-8.20.
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, buildings, 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.
ANIMATED SIGNA 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.
BANNERA sign having characters, letters or illustrations applied to cloth, paper or fabric of any kind, with only such material for backdrop.
BILLBOARDA 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.
BOX SIGNA sign, the face of which is enclosed with a box-like structure.
DIRECTIONAL SIGNA 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.
GROUND SIGNA self-supporting sign connected to the ground and independent of any other structure.
As applied to a sign:
A word, abbreviation, initial or the name of the establishment
or proprietor up to a limit of seven words.
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.
An illustration or design element and each broken plane of a
sign, if there is more than one.
The following shall not constitute an "item of information":
The second, third, fourth, fifth, sixth and seventh words of
the name of the establishment.
Lettering four inches or less in height.
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.
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."
Directional signs.
Street numbers.
NAMEPLATE SIGNA sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.
POLITICAL SIGNA 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.
PROJECTING SIGNA 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.
REAL ESTATE SIGNA sign erected by the owner or his agent indicating that the property on which the sign is located is for rent, sale or lease.
ROOF SIGNA sign erected or constructed above the eaves, roofline or parapet line of any building.
SHINGLEA small sign identifying a professional use.
SIDEWALK OR SANDWICH SIGNA movable sign not secured or attached to the ground.
SIGNABLE AREAThe 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 AREAFor 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.
SNIPE SIGNA 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.
SUBDIVISION SIGNA sign designating and identifying a subdivision or housing development.
SUPER GRAPHICThe application of paint, acrylic or other material directly onto a permanent wall in such a manner as to create an aesthetic design.
TEMPORARY SIGNOne which indicates a special event or transient feature lasting 30 days or less, which sign is displayed for 35 days or less.
TIME-AND-TEMPERATURE SIGNA sign which indicates actual time and/or current temperature.
WALL SIGNA 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.
WINDOW SIGNA sign affixed to a window or visible through that window from the exterior.
The scientifically based management of any forested tract
of land, to insure its continued persistence, productivity and health
whether for commercial or noncommercial purposes, pursuant to a current
forest stewardship plan approved by the State of New Jersey Department
OF Environmental Protection, Division of Parks and Forestry - Forest
Service.
The debris, derived from the aboveground portions of trees,
that remains on site after a tree or timber removal operation.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
nonstormwater discharges into stormwater conveyances.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
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 floor shall be counted as a story if the headroom
that is at least seven feet above finished floor covers over 1/3 of
the area of the floor next below it. A basement shall be considered
a story unless the finished floor of the basement lies below base
flood elevation in areas that are subject to flooding.
The adopted Traffic Circulation Plan Element of the Toms
River Master Plan identifies street classification, which serves as
the basis for street improvement standards for properties that abut
or include such streets.
IMPROVED STREETA 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.
INTERIOR STREET OR ROADA street or road that is developed wholly or within a parcel under one ownership and meeting all Township standards.
That line determining the limit of the highway rights of
the public, either existing or contemplated.
Any person or entity commencing proceedings under this chapter
to effect the subdivision of land hereunder.
Any reconstruction, rehabilitation, addition or other improvement
to a building, the cost of which equals or exceeds 50% of the market
value of the building before the start of construction of the improvement.
Any structure which has the capacity to contain water over
24 inches in depth and which is used or intended to be used for swimming
or recreational bathing in connection with a single-family residential
dwelling and which is available only to the family and guests of the
householder. This includes in-ground, aboveground and on-ground swimming
pools as well as hot tubs and spas.
Any swimming pool, spa or hot tub which does not meet the
definition of private swimming pool.
A structure designed and used for the presentation of motion
pictures or stage entertainment.
A flood hazard area which may be influenced by stormwater
runoff from inland areas, but which is primarily caused by the Atlantic
Ocean.
The duly appointed Township Engineer for the Township of
Toms River or his designee.
An employee, or other designee or agent, of the Township
of Toms River who is an individual who is currently classified both
as an approved consulting forester and a licensed tree expert (LTE)
by the State of New Jersey DEP, Division of Parks and Forestry - Forest
Service.
Any woody species which reaches a typical mature height of
25 feet and a typical mature DBH of four inches or greater.
The written plan required and described in Article XII of this chapter, and containing the proposed methods and procedures to be employed in conjunction with a tree preservation, removal or replacement project.
A fence as described in Article XII of this chapter, installed for the primary purpose of delineating the tree protection zone of a tree to be retained during a disturbance event.
An area at the base of the tree, and usually predicated on
tree size, that will be delineated by a tree protection fence and
held inviolate during planned disturbances including but not limited
to construction, excavation, compaction, etc.
A permit to remove trees issued by the Township Engineer
after review and approval of an application for removal and replacement
of trees in accordance with the provisions of this chapter. Tree removal
permits shall be issued only after approval of a tree management plan.
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.
The receipt of any temporary or final certificate of occupancy
or final certificate of use.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
Any floor or level of a building counted vertically at any
point in the building above the grade level as determined by the average
grade elevation of the corners of the building and that contains gross
habitable floor area as defined in this section.
[Added 8-14-2018 by Ord.
No. 4597-18]
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.
An open area used primarily for the storage and sale of operative
new or used motor vehicles.
Permission to depart from the literal requirements of a zoning
ordinance pursuant to §§ 47 and 29.2b, 57c and 57d
of P.L. 1975, c. 291.[1] Those sections, paragraphs and/or subsections within Article
V, entitled "General Provisions," and Article VIII, entitled "Design
Standards and Improvement Specifications," identified by an asterisk
are considered to be variances pursuant to the above sections.
A plant community that, based on species abundances and physical
characteristics, is dissimilar from adjacent plant communities.
A place where animals are given medical care and the boarding
of animals is limited to short-term care incidental to the hospital
use, and such boarding is entirely inside a building. This definition
shall not include animal boarding, outside pens or kennels, experimental
laboratories, or animal breeding.
The ocean and its estuaries, all springs, streams, rivers,
wetlands, and bodies of surface- or groundwater, whether natural or
artificial, within the boundaries of the State of New Jersey or subject
to its jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
Terms used in § 348-9.31 are defined as follows:
ANTENNAA system of electrical conductors that transmit or receive radio frequency signals for wireless communications.
ANTENNA SUPPORT STRUCTUREA structure other than a telecommunications tower which is attached to a building and on which one or more antennas are located.
COLLOCATIONUse of a common PWTF or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communication technology and/or placement of a PWTF on a structure.
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFs)Facilities for the provision of wireless communications services, including, but not limited to, antennas, antenna support structure, telecommunications towers, and related facilities other than PWTEFs.
PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEFs)Facilities serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, equipment cabinets, storage sheds, storage buildings, and security fencing.
TOMS RIVER COMMUNITYThe Township of Toms River, in the County of Ocean, and State of New Jersey.
TELECOMMUNICATIONS TOWERA freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.
WIRELESS COMMUNICATIONSAny personal wireless services as defined in the Federal Telecommunications Act of 1996 (FTA) which includes FCC-licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.
An open unoccupied space on the same lot with a building and unobstructed from the ground to the sky. See the provisions of § 348-5.6 for the classification of yards on corner lots.
A yard extending the full width of the lot and not less in
depth than the minimum distance between the street line and the required
front yard building setback in each district.
A yard extending the full width of the lot between the extreme
rear line of the principal building and the rear lot line.
A yard between the principal building and the nearest side
line of the lot and extending from the required front yard to the
rear yard.
The licensed New Jersey professional engineer specifically
retained by the Zoning 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 Zoning Board of Adjustment Engineer, the Township Engineer may
assume the duties of the office.
[1]
Editor's Note: See N.J.S.A. 40:55D-60, 40:55D-40b and 40:55D-70c
and d, respectively.
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]
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]
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.
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.
(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.
[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.
[Amended 5-25-2010 by Ord. No. 4268-10; 3-10-2015 by Ord. No.
4476-15; 2-21-2017 by Ord. No. 4534-17; 2-9-2021 by Ord. No. 4685-21]
(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 deposits have
been paid. Both the applicant and the landowner shall sign the escrow
replenishment agreement, which provides, in part, that in the event
there is a failure to replenish the escrow account in accordance with
the terms of the agreement, the Township has the right to withhold
the zoning permit or the issuance of a certificate of occupancy until
the deficiency is paid, and if the escrow review fees are not paid
within 30 days of the billing date, the Township shall have the right
to lien the property in the amount of the deficiency.
[Amended 2-23-2022 by Ord. No. 4733-22]
(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.
|
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; resubmittal
|
$75
|
0
| ||
|
New single-family residential dwellings and
additions exceeding 150 square feet
|
$120
|
0
| ||
|
All other categories
|
$120
|
0
| ||
|
Reinspection
|
$75
|
0
| ||
|
Engineering plot plan/grading review
|
$135
|
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
| ||
|
General development plan
[Added 2-23-2022 by Ord. No. 4733-22] |
$500
|
$2,500 plus $100 per acre or portion thereof
| ||
(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.
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.
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.
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.
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 either a professional engineer licensed to practice in the State
of New Jersey or an architect registered to practice in the State
of New Jersey:
[Amended 8-26-2014 by Ord. No. 4454-14]
[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.
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.
(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 or through the issuance of a development permit in accordance with § 348-6.2C.
[Amended 10-23-2018 by Ord. No. 4607-18]
(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.
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.
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.
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.
A.
For any and every violation of the provisions of this chapter, including
construction that is not authorized by a zoning permit required under
this chapter, a notice of violation shall be issued by an authorized
enforcement officer of the Township stating a period for compliance
of 10 business days or more, subject to the discretion of the enforcement
officer. If compliance has not been achieved to the satisfaction of
the enforcement officer, 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 beyond the compliance period, 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; 10-23-2018 by Ord. No. 4607-18]
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.
F.
All zoning requirements shall be met at the time of any erection,
enlargement, moving or change in use. If a new structure is added
to an existing complex of structures or if an existing structure has
an addition, the site plan provisions of this chapter shall apply
to the enlargement or new structure.
[Added 12-26-2017 by Ord.
No. 4569-17]
[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.
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.
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.
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.
[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.
[Amended 11-10-1980 by Ord. No. 1984; 11-9-2004 by Ord. No.
3918-04]
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.
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.
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.
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.
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).
[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]
[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 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.
[Amended 12-26-2017 by Ord. No. 4569-17]
No nonconforming use shall, if once changed
into a conforming use, be changed back again into a nonconforming
use.
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.
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.
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.
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.
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.
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]
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]
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]
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]
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 principal building setback that
is less than 20 feet, the required setback from the water's edge shall
be the required principal building setback or 10 feet, whichever is
greater. This provision shall apply to both principal and accessory
buildings and structures, but 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.[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; 11-12-2013 by Ord. No.
4414-13]
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
the setback for such mechanicals from a side or rear property line
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, but must not extend beyond the side or rear property
line.[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; 12-26-2017 by Ord. No. 4569-17]
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]
[Added 5-28-2013 by Ord. No. 4403-13; amended 11-12-2013 by Ord. No.
4414-13; 11-25-2014 by Ord. No. 4467-14; 12-26-2017 by Ord. No. 4569-17; 2-23-2022 by Ord. No. 4733-22 ]
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.
C.
Notwithstanding the provisions of § 348-5.5D, in the R-75, R-50, R-40A, R-40B, R-40E, R-40W, R-B-1, R-B-2, R-B-3, R-B-4, R-B-5, R-B-6, and R-B-7 Zones, exclusively, landings and stairs, regardless of height, may extend into rear yard areas provided they are at least 10 feet from the water's edge or rear property line, whichever is greater.
D.
A deck that requires railings shall have railings that are no higher
than 42 inches, and that 2/3 of the area between the surface of the
deck and the top cross member is open.
E.
The installation of an under-deck drainage system such as TrexRainEscape® or equivalent under an elevated deck shall be
considered the equivalent of an impervious deck surface such as fiberglass
and such a deck shall be considered part of the impervious surface
calculation as well as building coverage calculation to the same extent
as covered porches or fiberglass decks. A zoning permit shall be required
prior to the installation of such a system under an elevated open
deck or clearly labeled on a plot plan that includes the proposed
construction of an elevated deck that will include such a system.
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]
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]
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.
F.
In the Residential Barrier Island Zones on corner lots of 50 feet
or less on both street frontages, the narrower of the two street frontages
shall be considered a side yard solely for purposes of meeting a required
combined side yard greater than 12 feet as applied to principal buildings
and decks.
[Added 2-26-2019 by Ord.
No. 4622-19]
[Amended 9-25-1991 by Ord. No. 2859-91; 12-18-2007 by Ord. No. 4123-07; 12-26-2017 by Ord. No. 4569-17]
Unless more stringent regulations are provided by other provisions
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,
R-40B, R-40E, R-40W, R-B-1, R-B-2, R-B-3, R-B-4, R-B-5, R-B-6, and
R-B-7 Zones or to buildings located within the restricted area on
any other property in the Township lying east of Barnegat Bay.
[Amended 9-25-1991 by Ord. No. 2859-91; 5-13-1992 by Ord. No. 2911-92; 2-22-1995 by Ord. No. 3084-95; 12-9-2003 by Ord. No. 3843-03; 10-14-2014 by Ord. No. 4459-14]
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 required 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 less
than 150 square feet in size may be located not less than three feet
from any side or rear lot line.
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 less than 150 square feet in size, accessory buildings are subject
to the maximum building coverage requirement for each zone.
C.
No accessory building in any residential zone shall be less than
five feet from the principal building or other accessory buildings,
except that a shed or comparable permanent structure of less than
150 square feet may be not less than one foot from the principal building
or other accessory building.
[Amended 12-26-2017 by Ord. No. 4569-17]
D.
On any residential lot having an area of 20,000 square feet or more,
no accessory building may exceed 750 square feet in building coverage
and the aggregate building coverage of all accessory buildings may
not exceed 1,000 square feet. On residential lots having an area less
than 20,000 square feet, the maximum building coverage of any individual
accessory building shall be 500 square feet and the aggregate building
coverage of all accessory buildings may not exceed 1,000 square feet.
E.
Accessory buildings shall not exceed 16 feet in height as measured
from the average grade at the corners of the building to the top of
the roof.
[Amended 9-25-1991 by Ord. No. 2859-91; 12-26-2017 by Ord. No. 4569-17]
No lot utilized for single-family or two-family dwelling purposes
shall contain more than one principal building. In nonresidential
and multifamily residential zones, there is no restriction on the
number of principal buildings or principal uses permitted on a site,
subject to meeting all other requirements of this chapter.
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.
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.
[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.
Height limitations 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.
Exemptions from the height limitations regarding parapets, walls or
cornices shall not apply to residential buildings unless retail or
other permitted nonresidential uses occupy the entire street level
floor of the building.
[Amended 12-26-2017 by Ord. No. 4569-17]
Illustration of parapet wall extending above flat roof.
|
C.
The height limitations created hereunder shall apply to chimneys,
ventilators, skylights, tanks, 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 10 feet.
[Amended 3-10-2015 by Ord. No. 4476-15]
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.
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.
I.
Riparian zones as described and defined at N.J.A.C. 7:13-4.1 of the
New Jersey Flood Hazard Area Control Act Rules.
[Added 12-12-2017 by Ord.
No. 4562-17]
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.
[Amended 12-12-2017 by Ord. No. 4562-17]
Where applicable, the Planning Board shall require, as a condition
of site plan approval, that the owner convey to the Township of Toms
River drainage easements, conservation easements, sight triangle easements,
shade tree and utility easements and/or riparian easements that may
be required.
[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.
The dumping of refuse, waste material or other
substances is prohibited in all districts within the Township, with
the exception of designated landfill sites.
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.
[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.
[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; 12-26-2017 by Ord. No. 4569-17]
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 approving authority.
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. Special event tents shall have a limit of 30 days per event, with a thirty-day minimum interval between events, and a maximum of two events per calendar year. All proposals for tents require approval by the Bureau of Fire Prevention as well as the Zoning Officer. Tents exceeding 900 square feet or 30 feet in any dimension require approval under the Uniform Construction Code. Tents must comply with § 348-8.37 of this chapter.
(3)
No temporary outdoor display shall be located within any designated
fire lane, vehicular circulation aisle or parking space. The Zoning
Officer may permit a temporary outdoor display to be located on parking
spaces and related vehicular circulation aisles if it would not consume
spaces that are needed to meet the parking requirements of this chapter.
(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)
The applicant may appeal the denial of any requested permit
to the Zoning Board of Adjustment in accordance with N.J.S.A. 40:55D-70(a).
Proposals for the temporary display of goods for sale that exceed
or otherwise are inconsistent with the time limits set forth herein
shall require Planning Board approval.
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.
E.
Special events. For those special events that do not involve the
erection of tents or the temporary outdoor display of goods for sale,
there shall be no more than four special events permitted during any
calendar year, no single special event shall exceed 30 days, and the
aggregate duration of all special events shall not exceed 60 days
during any calendar year. Signs for special events shall not be animated,
and shall not exceed two signs per event. This category of special
event also requires issuance of a zoning permit by the Zoning Officer.
F.
All requests for the temporary outdoor display of goods for sale,
the erection of a tent, or the holding of a special event 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 event, the location of any temporary structures or
goods to be displayed, a description of the purpose of the proposed
event, the start date and duration of the event, a drawing depicting
sign size and details such as construction material and location,
and a letter of authorization from the owner of the property approving
the event. The applicant may appeal the denial of any requested permit
to the Zoning Board of Adjustment in accordance with N.J.S.A. 40:55D-70(a).
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.
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.
[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; 12-26-2017 by Ord. No. 4569-17; 5-8-2018 by Ord. No. 4584-18]
A.
The outdoor storage of an unoccupied/empty, travel trailer, single-axle
noncommercial open/unenclosed trailer, camper or small boat shall
be permitted on single-family properties, provided that:
(1)
*In all residential zones, except R-75, R-50, R-40A, R-40B,
R-40E, R-40W, R-B-1, R-B-2, R-B-3, R-B-4, R-B-5, R-B-6, and R-B-7,
such storage shall not be permitted within any required front yard,
except that in the R-90 Zone such storage shall be permitted not closer
than 25 feet from the front property line.[1]
[Amended 2-26-2019 by Ord. No. 4622-19]
(2)
*A travel trailer, camper or small boat shall not exceed 28
feet in length and 10 feet in width and a single-axle noncommercial
open/unenclosed trailer shall not exceed 20 feet in length and 10
feet in width.[2]
(3)
*Only one such travel trailer, noncommercial open/unenclosed
trailer or camper and one small boat or two small boats shall be permitted
to be stored outdoors at any single-family residence.[3]
[Amended 7-10-2018 by Ord. No. 4593-18]
(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-75, R-50, R-40A, R-40B, R-40E, R-40W, R-B-1, R-B-2, R-B-3, R-B-4,
R-B-5, R-B-6, and R-B-7 Zones.
(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:
[Amended 2-9-1982 by Ord. No. 2068; 9-25-1991 by Ord. No.
2859-91; 9-24-1996 by Ord. No. 3196-96; 12-26-2017 by Ord. No. 4569-17]
Animals shall be a permitted use in any residential zone, subject
to the following:
C.
Animals shall not be kept for commercial use.
D.
The keeping of poultry or livestock (other than horses and not more than six chickens, but excluding roosters) for personal use shall only be permitted in the Rural Residential Zone provided that all buildings and structures utilized for housing such livestock or poultry shall be set back in accordance with § 348-10.5E.
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]
B.
The raising of vegetables and fruits for personal
use, but not for sale, shall be permitted on any lot in any zone.
[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.
COMMERCIAL AGRICULTURE
FARM
HOME AGRICULTURE
Definitions. For the purposes of interpretation of
this chapter, the following definitions shall apply:
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.
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.
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.
[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]
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.
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.
[Added 11-12-2019 by Ord.
No. 4649-19]
A minimum of two feet of pervious surface shall be provided
along the side and rear lot lines, or in other similar locations subject
to the approval of the Township Engineer for any building or improvement
constructed after the effective date of this ordinance.[2] Exceptions can be made at the discretion of the Township
Engineer or Assistant Township Engineer if the applicant's professionals
can prove that the stormwater runoff will be maintained on site and
handled using the best management practices as set forth by the New
Jersey Department of Environmental Protection.
[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.
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.
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.
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.
(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.
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.
[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.
[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; 12-26-2017 by Ord. No. 4569-17]
A.
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, R-40B, R-40E, R-40W, R-B-1, R-B-2, R-B-3, R-B-4, R-B-5,
R-B-6, and R-B-7 Zoning Districts, there shall be no minimum width
or depth requirements for a principal structure. Metal clad buildings
and pole barns shall not be permitted in a residential zone except
for commercial farms in the Rural Residential Zone and the total ground
level floor area of an attached accessory garage for a single-family
or two-family dwelling shall not exceed the total ground floor living
area of the dwelling.
B.
No dwelling unit, as defined in this chapter, shall have more than
two kitchens, provided that the two kitchens shall be located, arranged
and designed for the exclusive use of the household of one dwelling
unit.
[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.
[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.
[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:
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]
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]
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]
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]
[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:
[Added 8-14-1991 by Ord. No. 2848-91; amended 12-26-2017 by Ord. No.
4569-17]
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:
B.
Any quasi-public or private organization which operates the above
and restricts the use of the facilities provided shall furnish the
approving authority 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 approving authority.
C.
Off-street parking requirements shall be determined by the approving authority in accordance with the provisions of § 348-8.20, 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 approving authority.
D.
Where permitted as a principal use in Article X of this chapter,
the use shall conform in all respects with the standards of the zoning
district in which it is located. In addition, the property on which
the use is to be located fronts on and has access to a principal arterial,
minor arterial or major collector roadway; any building on the property
is located at least 50 feet from a residential property line; and
that swimming pools associated with such use are located at least
100 feet from a residential property and adequately buffered to screen
the swimming pool from any adjoining residential property.
[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.
[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]
[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.
[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.
[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.
[Added 10-14-2014 by Ord. No. 4459-14]
A.
Outdoor seating is a separate and distinct use from an outdoor cafe. Outdoor cafes are regulated under the provisions of § 348-8.41 and are required to meet the definition set forth in this chapter.
B.
Outdoor seating, as defined herein, can be provided at any eating
or drinking establishment without the need for site plan approval,
subject to the issuance of a zoning permit in accordance with the
following standards:
(1)
Seating is limited to outdoor areas that immediately adjoin
the eating or drinking establishment and shall not exceed four tables
and 16 chairs.
(2)
Where outdoor seating is provided in a location that is not
on the premises of the eating or drinking establishment, such as in
a shopping center or on a sidewalk that is part of a public street
right-of-way, applicant will be required to submit the consent of
the owner or provide evidence of consent by the entity with jurisdiction
over the street right-of-way.
(3)
Applicant shall clearly show the location of the tables and
chairs in sufficient detail to assure that they will not obstruct
pedestrian traffic, access for the handicapped, or emergency access.
As part of that review, and prior to the issuance of a zoning permit,
approval shall be required from the Bureau of Fire Prevention and
the Division of Engineering.
(4)
All tables and chairs shall be placed a minimum of five feet
from any curb, driveway, roadway or other vehicular travel way.
[Added 11-25-2014 by Ord. No. 4467-14]
No trailers shall be allowed to exist at any location within
the Township of Toms River, except as set forth herein.
A.
Exemptions from prohibition. Trailers exempted from this section
are as follows:
(1)
Trailers located inside mobile home parks or trailer camps which
are conducted, maintained and licensed in full and complete compliance
with the Code of the Township of Toms River.
(2)
Trailers which are in the process of being loaded or unloaded
and which are registered with the New Jersey Division of Motor Vehicles
or the equivalent agency of any other state and which are capable
of traveling over a road or highway.
(4)
Trailers offered for sale or rent or awaiting servicing, which
are located on premises owned or leased by a person in the business
of trailer sales, rental or servicing.
B.
Permitted temporary uses. A trailer shall be permitted to be used
temporarily in the following circumstances:
(1)
A construction trailer as defined herein (§ 348-2.3) may be allowed upon a site where there has been an accelerated approval granted under § 348-7.2.1; or there is active construction of a nonresidential building, pursuant to a valid zoning permit. Such trailer shall be used only in connection with such construction and shall not remain upon the premises for longer than two weeks past the completion of said construction. In no event will any trailer used in connection with nonresidential development remain on said premises for more than two years from the date of issuance of a construction permit or zoning permit, or past the date of issuance of a certificate of occupancy, whichever shall occur first.
[Amended 9-24-2019 by Ord. No. 4646-19]
(2)
A trailer, container or modular unit utilized for storage of
merchandise shall be permitted to be used for a period of no longer
than 30 days in connection with a commercial sale provided the goods
within the trailer, container or modular unit are the merchandise
of a business located within a building on the subject property. This
provision, however, shall not be used by a single commercial enterprise
more frequently than two times per calendar year, and there shall
be a minimum of 60 days between such sales events. There shall be
a maximum of one trailer per premises at any one time, regardless,
of how many commercial enterprises are located on the premises. For
these commercial sales events, the Township Planner or Township Zoning
Officer shall review the application for a trailer permit to make
certain that the temporary location of a trailer and its related sales
activities will not adversely affect the approved site plan.
(a)
No temporary merchandise trailer shall be located within any
designated fire lane, vehicular circulation aisle or parking space.
(b)
A temporary merchandise trailer shall not be located closer
than the required front parking setback line or 25 feet from any street
right-of-way, whichever is greater, and shall not be located within
15 feet from any side or rear property line.
(3)
A trailer utilized for storage may be allowed upon a site where
there is active construction of a residential development, provided
that prior subdivision or site plan approval has been obtained and
that such trailer shall be used only in connection with such development
and shall not remain upon the premises for longer than two weeks past
the completion of the last residential unit. In no event will any
trailer, used in connection with a residential development, remain
on said premises for more than two years from the date of construction
of the first residential unit, or past the issuance of a certificate
of occupancy for the last residential unit, whichever shall occur
first.
(4)
A trailer or trailers may be allowed upon a premises as a sales
and/or construction office when said trailer is part of the equipment
of any person, persons, corporation or partnership that is in the
business of constructing residential and nonresidential buildings,
provided that the use of the trailer meets the requirements of this
chapter, and that said trailer is not used for storing construction
materials, and that prior subdivision or site plan approval has been
obtained for the development. Where a sales trailer is proposed, site
plan or subdivision approval shall identify the location of said trailer
and the location and surface materials of parking areas and pedestrian
ways in order to provide effective and safe access not only for the
public but for emergency service vehicles as well. In no event will
any trailer, used under the terms of this subsection, remain on said
premises for more than two years from the date of issuance of a construction
permit, or past the issuance of a certificate of occupancy for the
last residential or nonresidential unit, whichever shall occur first.
(5)
A trailer may be allowed upon a business site wherein there
is an emergency, defined as the unintended loss or destruction of
a building or pad thereof that would require the use of a trailer
on the site for purposes of storage of goods, equipment, or materials.
Where such emergency use of a storage trailer is requested, the Township
Zoning Officer, upon application, shall determine whether approval
is granted to use the trailer. This approval will be granted for a
period of 90 days and is renewable at the discretion of the Township
Zoning Officer for one additional ninety-day period. An emergency
that calls for more than 180 days of trailer use involving the storage
or sale of merchandise shall require application to the Township Planning
Board for site plan approval prior to the expiration of the first
ninety-day permit.
(6)
A trailer for the storage of construction materials or household
items may be allowed upon the premises of a one- or two-family residential
dwelling. Where such trailer is related to the construction of a new
one- or two-family residential dwelling, the trailer permit shall
be granted for a period of 180 days and is renewable for additional
ninety-day periods. Said trailer shall be removed prior to the issuance
of the certificate of occupancy. Where such trailer is related to
the renovation or remodeling of an existing one- or two-family residential
dwelling, the trailer permit shall be granted for a period not to
exceed 90 days. One additional ninety-day period is permitted.
(7)
One portable storage container as defined herein (§ 348-2.3) may be allowed upon the premises of a one- or two-family residential dwelling. The permit for a portable storage container shall be granted for a period not to exceed 30 days and is not renewable. A motor-drawn vehicle conforming to the provisions of § 348-5.26 is exempt from this section.
(8)
One trailer may be allowed upon the premises of a one- or two-family
residential dwelling for temporary residential occupancy in the event
of a total or partial destruction of the residential dwelling. Under
the aforementioned circumstances, the Township Code Enforcement Officer
and Zoning Officer, upon application by the affected resident, shall
determine whether approval is granted to use the trailer. This approval
will be granted for a period of 180 days and is renewable at the discretion
of the Township Code Enforcement Officer and Zoning Officer for additional
ninety-day periods.
C.
Permits; applications; fees. Applications for the permitted use of
a trailer may be obtained from the Township Zoning Officer in the
form of an application for a zoning permit. The application shall
be submitted to the Township Zoning Officer with a survey or site
plan marked to show the location of the trailer on the site and detailing
the distance of trailers from other buildings, fire hydrants, Fire
Department connections and/or utilities and side and rear yard setbacks.
Separate applications shall be submitted for each trailer requested
to be used by the applicant. The application and permit fee shall
be $50 per trailer. Fees shall be payable to the Township of Toms
River,
D.
Violations and penalties. Any person, partnership, limited-liability
company, corporation or other entity who shall violate any provision
of this section, shall, upon conviction thereof, be subject to the
maximum fines and penalties established under N.J.S.A. 40:49-5 and
40:69A-29, and as same shall be amended from time to time. Each and
every day a violation of this section shall exist shall constitute
a separate violation.
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]
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[1] (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.
[1]
Editor's Note: See N.J. S.A. 40:55D-34 and 40:55D-36.
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 § 25 or 27 of P.L. 1975,
c. 291,[2] 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. In the case of one-
or two-family residential uses, if the proposed development or improvement
is conforming to the requirements of this chapter but existing improvements,
such as accessory buildings or structures, pools, decks, porches or
fences, do not conform but have either been authorized by a prior
permit or have been determined by the Zoning Officer to be present
on the property for 10 years or more, a development permit may be
issued allowing the applicant to apply for a building permit and/or
other permits that may be required. Any replacement of a preexisting
nonconforming building, structure or improvement shall conform with
the requirements of this chapter.
[Amended 10-23-2018 by Ord. No. 4607-18]
[2]
Editor's Note: See N.J.S.A. 40:55D-34 and 40:55D-36.
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:
E.
All developments resulting from subdivision or site plan approvals shall comply with all the design and performance standards, including conditions imposed by the approving authority as shown on the approved plat and/or included in the resolution adopted by the approving authority. Violation of any standard or condition imposed by the approving authority is subject to the enforcement provisions of § 348-3.11.
[Amended 12-26-2017 by Ord. No. 4569-17]
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.
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.
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.
(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.
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.
(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]
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, ponds and riparian zones 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.
[Amended 12-12-2017 by Ord. No. 4562-17]
(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.
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.
(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]
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,
ponds, and riparian zones within the proposed subdivision and within
200 feet thereof.
[Amended 12-12-2017 by Ord. No. 4562-17]
(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:
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.
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:
(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 boundaries, nature and extent of wooded areas, swamps, bogs,
ponds and riparian zones within the site and within 200 feet thereof.
[Amended 12-12-2017 by Ord. No. 4562-17]
(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:
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.
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:
(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, ponds and
riparian zones within the proposed subdivision and within 200 feet
thereof.
[Amended 12-12-2017 by Ord. No. 4562-17]
(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.
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:
(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.
(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 boundaries, nature, extent and acreage of wooded areas swamps,
bogs, ponds and riparian zones within the site and within 200 feet
thereof.
[Amended 12-12-2017 by Ord. No. 4562-17]
(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:
(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 ___________________.
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|---|---|---|
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______________________
Chairperson
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|
Attest:
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_______________________
Secretary
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______________________
Date
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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.
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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.
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:
(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.
(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.[3]) 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.
[3]
Editor's Note: N.J.S.A. 46:23-9.9 et seq. was repealed by
L.2011, c. 217, § 2, effective 5-1-2012.
(26)
Sectionalization of final plats shall be in
conformance with the sectionalization and staging plan, if any, approved
with the preliminary plat.
(27)
The boundaries, nature, extent and acreage of wooded areas swamps,
bogs, ponds and riparian zones within the site and within 200 feet
thereof.
[Added 12-12-2017 by Ord.
No. 4562-17]
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.
(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]
(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.
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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.
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:
(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:
(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.
|
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.
A.
Requirements; form; rights.
[Amended 7-25-1978 by Ord. No. 1770; 6-24-1986 by Ord. No.
2417-86]
(1)
Before the filing of final subdivision plats, or recording of
minor subdivision deeds, or as a condition of final site plan approval,
or as a condition to the issuance of a zoning permit, the developer
must furnish a performance guarantee in amount not to exceed 120%
of the total cost to the Township, for installation of only those
improvements required by an approval or developer's agreement, ordinance,
or regulations to be dedicated to a public entity that have not yet
been installed, which cost shall be determined by the Township Engineer
in accordance with N.J.S.A. 40:55D-53.4, including the following improvements
shown on the approved plans or plat: streets; pavement; gutters; curbs;
sidewalks; streetlighting; street trees; surveyor's monuments; water
mains; sanitary sewers; community septic systems; drainage structures;
public improvements of open space; grading necessitated by the aforementioned
improvements; privately owned perimeter buffer landscaping; provided,
however, that a developer may choose to post a separate performance
guarantee for such landscaping.
[Amended 5-24-1988 by Ord. No. 2577-88; 5-13-1992 by Ord. No. 2911-92; 9-11-2018 by Ord. No. 4600-18]
(a)
The performance guarantee shall assure the installation of such
improvements on or before an agreed date, guarantee the completion
of all improvements without damage to or interference with adjacent
properties or public facilities and, to the fullest extent permitted
by law, hold the Township, all its agencies, officials, boards, agents,
successors, and assigns harmless with respect to any acts of the developer,
its agents, successors, or assigns.
(b)
Total estimated cost to the Township of constructing all improvements
shall be based on the documented construction costs for public improvements,
which would prevail upon expiration of the guarantee in the general
area of the Township, and shall also include appropriate allowances
for contractrelated costs, such as engineering, legal, financial,
and other usual costs, which shall be estimated at 20% of the estimated
construction costs.
(c)
Such performance guarantee may be in the form of cash, certified
check, negotiable securities, a performance bond issued by a bonding
company or security company and approved by the Township Council or
any other type of security acceptable to and approved by the Township
Attorney and Township Council, provided that at least 10% of the performance
guarantee shall be in cash or certified check. The balance of the
performance guarantee shall be in the form of cash, certified check,
certificate of deposit, an irrevocable letter of credit (issued by
a financial institution whose deposits are insured by the Federal
Savings and Loan Insurance Corporation or the Federal Deposit Insurance
Corporation) or a bond issued by a surety or bonding company authorized
to do business in New Jersey; provided, however, that all rights,
including the right to interest with dividends, shall be assigned
to the Township in a form of assignment acceptable to the Township
Attorney for the period of the bond and that the principal amount
of the passbook or certificate of deposit, together with interest,
shall be returned to the developer upon completion of the bonded improvements
or, in the event of default, both interest and principal shall be
used by and for the benefit of the Township in the completion of said
improvements.
(2)
The form of the performance guarantee is subject to the approval
of the Township Attorney.
[Amended 9-11-2018 by Ord. No. 4600-18]
(3)
Subject to N.J.S.A. 40:55D-1 et seq., as amended
and supplemented, all rights in the performance guaranty, including
the right to any interest earned on any deposits, shall belong to
the Township of Toms River.
(4)
Notwithstanding the requirements of Subsection A(1) and (6), when a letter of credit which has been previously accepted as a performance guaranty is about to expire, it may either be renewed administratively by the Township Comptroller, provided that all pertinent requirements are met by the applicant, or may be drawn upon by the Township if the obligor fails to furnish a new letter of credit which complies with the provisions of this chapter not less than 30 days in advance of the expiration date of the letter of credit or such longer period of time in advance thereof as is stated in the letter of credit.
[Amended 8-25-1987 by Ord. No. 2517-87; 5-13-1992 by Ord. No. 2911-92]
(5)
In the event of default, the principal and any
interest shall be used for the benefit of the Township in the completion
of the improvements.
(6)
Irrevocable letters of credit. The Township of Toms River shall accept as a performance or maintenance guaranty an irrevocable letter of credit if it constitutes an unconditional payment obligation of the issuer running solely to the municipality for an expressed initial period of time in the amount required pursuant to § 348-7.1A(1) above; is issued by a banking or savings institution authorized to do and doing business in the State of New Jersey; is for a period of time of not less than one year; and permits the municipality to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this section 30 days or more in advance of the expiration date of such letter of credit or such longer period in advance thereof as is stated in the letter of credit.
[Added 5-13-1992 by Ord. No. 2911-92]
(7)
Appeal of performance bond estimate. The cost
of installation of improvements for purposes of this section shall
be estimated by the Municipal Engineer based upon documented construction
costs for public improvements prevailing in the general area of Toms
River Township. The developer may appeal this estimate to the governing
body and the governing body shall decide such appeal within 45 days
of the receipt of the appeal, in writing, by the Municipal Clerk.
In the event that a developer posts a guaranty with a municipality
based upon the cost of installation of improvements as determined
by the governing body, he shall institute legal action within one
year of such posting or order to preserve the right to a judicial
determination as to fairness and reasonableness of such guaranties.
[Added 5-13-1992 by Ord. No. 2911-92]
B.
If, at the time the performance guaranty is filed
with the Township, the developer has not also filed with the Township
proof that any other necessary performance guaranties have been filed
and accepted by governmental bodies, authorities, public utility companies
and private utility companies other than the Township, which have
jurisdiction over improvements in the site or subdivision, the amount
of the performance guaranty shall be increased to reflect the cost
of such improvements.
C.
All performance guaranties shall run to and be in
favor of the Township of Toms River in the County of Ocean.
D.
The performance guarantee shall be approved by the Township Attorney
as to form, sufficiency and execution. The performance guarantee shall
remain in full force and effect until such time as all improvements
covered by the performance guarantee have been approved or accepted
by resolution of the Township Council. The performance guarantee shall
be substantially in the form established by N.J.A.C. 5:36-4.1 or 5:36-4.3.
The amount of the performance guarantee may be revised by the Township
Council from time to time to reflect work progress, increasing costs
and changing conditions in regard to the uncompleted or unacceptable
portions of the required improvement. If the bonded improvements have
not been installed in accordance with the performance guarantee, the
obligor and surety shall be liable thereon, at the option of the municipality
for:
[Amended 9-14-2010 by Ord. No. 4292-10; 9-11-2018 by Ord. No. 4600-18]
E.
If, during the period of the performance guaranty,
the developer fails to prosecute the work of completing the improvements
so as to create hazards to life, health, property or public safety,
the Township may, after five days' notice, perform or cause to be
performed any necessary corrective work and deduct the cost thereof
from the ten-percent-cash-or-certified check portion of the guaranty.
Upon notice of any such deduction, the subdivider shall, within 10
days, restore the full ten-percent-cash balance, or his performance
guaranty will be held to be void, and the Township may take action
as if final plat approval had not been obtained.
F.
Engineer's report on release/reduction of performance
guaranties.
[Amended 5-13-1992 by Ord. No. 2911-92]
(1)
Upon substantial completion of all required
street improvements and the appurtenant utility improvements, and
the connection of the same to the public system, the obligor may request
of the Township Committee, in writing, by certified mail addressed
in care of the Township Clerk, that the Municipal Engineer, in accordance
with the estimate appended to the performance guaranty posted, prepare
a list of all uncompleted or unsatisfactorily completed improvements
and shall send a copy of such notice to the Municipal Engineer. The
request shall indicate which improvements have been completed and
which improvements remain incomplete in the judgment of the obligor.
Thereupon, the Municipal Engineer shall inspect all improvements covered
by the obligor's request and shall file a detailed list and report,
in writing, with the Township Committee and shall simultaneously send
a copy thereof to the obligor not later than 45 days after receipt
of the obligor's request. The list prepared by the Municipal Engineer
shall state, in detail, in respect to each improvement determined
to be incomplete or unsatisfactory, the nature and extent of the incompleteness
of each incomplete improvement or the nature and extent and remedy
for the unsatisfactory state of each completed improvement determined
to be unsatisfactory. The report by the Municipal Engineer shall identify
each improvement determined to be complete and satisfactory, together
with a recommendation as to the amount of any reduction to be made
in the performance guaranty relating to the complete and satisfactory
improvements.
(2)
If the Township Engineer fails to send or provide
such list or report as requested by obligor hereunder within 45 days
from the receipt of such request, the obligor may apply to the Superior
Court in a summary manner for an order compelling the Municipal Engineer
to provide the list or report within a stated time and the cost of
the application, including reasonable attorney's fees, may be awarded
to the prevailing party.
G.
Township Council action on release/reduction of performance guarantees.
[Amended 5-13-1992 by Ord. No. 2911-92; 9-11-2018 by Ord. No. 4600-18]
(1)
The Township Council, by resolution, shall either approve the
bonded improvement(s) determined to be complete and satisfactory by
the Township Engineer, or reject any or all of the bonded improvement(s)
upon the establishment in the resolution of cause for rejection, and
shall approve and authorize the amount of reduction to be made in
the performance guarantee and the safety and stabilization guarantee
relating to the improvements accepted, in accordance with the itemized
cost estimate prepared by the Township Engineer and appended to the
performance guarantee.
(2)
This resolution shall be adopted not later than 45 days after
receipt of the list and report prepared by the Township Engineer.
Upon adoption of the resolution by the Township Council, the obligor
shall be released from all liability pursuant to its performance guarantee
and safety and stabilization guarantee, with respect to those bonded
improvements, except for that portion adequately sufficient to secure
completion of correction of the improvements not yet approved; provided
that 30% of the amount of the total performance guarantee and safety
and stabilization guarantee posted may be retained to ensure completion
and acceptability of all improvements. The safety and stabilization
guarantee shall be reduced by the same percentage as the performance
guarantee is being reduced at the time of each performance guarantee
reduction.
(3)
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate which formed the basis of the performance guarantee and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and "safety and stabilization guarantee" to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a "temporary certificate of occupancy guarantee" has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.
H.
If any portion of the required improvements are rejected,
the Township Committee may require the obligor to complete or correct
such improvements, and upon completion or correction, the same procedure
of notification as set forth in this section shall be followed.
[Amended 5-13-1992 by Ord. No. 2911-92]
I.
Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceedings any determination
of the Township Committee or the Township Engineer.
A.
Duties of Township Engineer, Township Attorney and
Township Clerk. No performance guaranties shall be presented for approval
of the Township Committee until the municipal officials listed below
have performed the following and make certification of their performance,
in writing, to the Township Committee.
(1)
Township Engineer. The Township Engineer shall:
(a)
Where applicable, examine the plat map of a
subdivision to make certain that it complies with all state laws and
this chapter relative to the preparation and filing of maps or plans
for the subdivision of land.
(b)
Ascertain that the plat of a site plan or subdivision
has been approved by the Ocean County and Toms River Township Planning
Boards.
(c)
Determine those acts or things the applicant
is to do to protect Toms River Township, such as to provide proper
drainage, streets, curbs, signs, monuments or any other item or thing
and the cost of each, as well as the maximum time he recommends granting
the applicant to provide each item or all items.
(d)
Determine if the landowner is an individual,
corporation or partnership and, if an individual, his full name and
address; if a corporation, its correct name, date and state of incorporation,
the name of its president and secretary and location of its principal
office in this state; if a partnership, the names and addresses of
all partners.
(e)
Give the applicant a form of the surety company bond required by the Township of Toms River and all figures, dates and details required by Subsection A(1)(c) above so that same may be included in the bond to be furnished to the Township and, also, advise the applicant of the amount required to pay the Township as a proper inspection, testing and administration fee.
(g)
The Township Engineer's certificate shall also
state and give the nature of cash, or its equivalent, deposited as
a portion or all of the performance guaranty (i.e., cash, certified
check, cash escrow deposit or other security).
(2)
Township Attorney. Upon the receipt from the
Township Engineer of the surety bond and Engineer's certificate, the
Township Attorney shall promptly examine said bond and determine whether
or not it is correct in form, content and execution. If the bond is
not correct, the Township Attorney shall notify the applicant of its
shortcomings. When the bond is or has been correct, the Township Attorney
shall make a written certificate to that effect to the Township Committee.
Thereupon said Attorney shall deliver the bond and Engineer's and
Attorney's certificates to the Township Clerk.
(3)
Township Clerk. Upon the receipt from the Township
Attorney of the bond and certificates of the Engineer and Attorney,
the Township Clerk shall:
(a)
Collect from the applicant the proper fee or
fees, if any, payable to the Township in accordance with the Engineer's
certificate.
(b)
Place the matter of approval of bond(s) on the
agenda of the next regular meeting of the Township Committee for its
consideration.
(c)
Submit the bond, certificate and fees to the
Township Committee at the next regular meeting of said Committee.
B.
Certificates; form, dating. Each of said certificates
shall be dated and written in letter form upon the stationery of the
maker or of the Township and shall be signed by him or his authorized
agent or representative.
C.
Requirements for performance bonds and letters of
credit.
[Amended 5-13-1992 by Ord. No. 2911-92]
(1)
Performance bond requirements. There must be
attached to said bond an authority of the surety company empowering
the person or persons who executed said bond for the surety company
to do so. If the bonding company is not a New Jersey corporation,
there should also be attached to the bond proof of its authority to
do business in New Jersey and a copy of its last financial statement,
made not more than one year before, showing its financial conditions.
If the principal on the bond is a corporation, there must be attached
to the bond a certified copy of a resolution adopted by its Board
of Directors authorizing the execution and delivery of said bond.
Said bond must also bear the corporate seal of the surety company
and the seal, corporate or otherwise, of the principal.
(2)
Letter of credit requirements. If the bank or
savings institution is not a New Jersey corporation, there must also
be attached to the letter of credit, proof of its authority to do
business in New Jersey and proof of its operation within the State
of New Jersey and a copy of its last financial statement, made not
more than one year before, showing its financial conditions. If the
principal on the letter of credit is a corporation, there must be
attached to the letter of credit a certified copy of the resolution
adopted by the Board of Directors authorizing the execution and delivery
of said letter of credit.
D.
Copies. The Township Clerk shall keep a supply of
copies of these bond requirements in his office for the use of applicants
and the general public.
[Added 9-11-1979 by Ord. No. 1868]
The Township Engineer may, if the applicant shall so elect, notify the applicant that he and the Township Attorney have completed all steps required pursuant to § 348-7.2. Upon such notification, the applicant may begin construction pending acceptance of performance guaranties by the Township Committee pursuant to N.J.S.A. 40:55D-53. The applicant shall notify the Township Engineer of his election to begin construction pursuant to this section and shall further certify, in writing, that he will comply with all conditions imposed by the Township Committee for acceptance of the performance guaranties pursuant to N.J.S.A. 40:55D-53. Notification of approval by the Township Engineer shall be without prejudice to the right of the Township Committee to refuse to accept such performance guaranties in accordance with law.
A.
General requirements. Where the Planning Board determines
that off-tract improvements are necessary for the proper development
and utilization of the proposed site or subdivision and the surrounding
area, it may require either that such off-tract improvements be installed
or that the developer contribute to the installation of such off-tract
improvements. Where the Planning Board has determined that off-tract
improvements are required, it shall be a condition of the granting
of final approval that such improvements be constructed or that the
developer shall make payments toward the ultimate installation of
off-tract improvements, such as but not limited to streets, curbs
and gutters, sidewalks, water mains, sanitary sewers, storm sewers
and culverts, monuments and streetlights, all in accordance with the
specifications governing on-tract improvements.
B.
Cost allocation. If the Planning Board determines
that the developer may contribute toward required off-tract improvements
in lieu of such improvements being installed, the Planning Board shall
allocate the cost of said off-tract improvements in accordance with
the standards hereinafter set forth. The improvement of a stream and/or
widening of, or the construction of drainage or other improvements
in, a street or road fronting on the tract to be subdivided and/or
developed shall not constitute an off-tract improvement, and the cost
of said improvement shall not be allocated.
(1)
The allocation of the cost of off-tract improvements
shall be determined in accordance with the following:
(a)
The Planning Board may consider the total cost
of the off-tract improvements, the benefits conferred upon the site
or subdivision, the needs created by the site or subdivision, population
and land use projects for the general areas of the site or subdivision
and other areas to be served by the off-tract improvements, the estimated
times of construction of off-tract improvements and the condition
and periods of usefulness, which periods may be based upon the criteria
of N.J.S.A. 40A:2-22. The Planning Board may further consider the
criteria set forth below.
(b)
Road, curb, gutter and sidewalk improvements
may be based upon the anticipated increase of traffic generated by
the site or subdivision. In determining such traffic increase, the
Planning Board may consider traffic counts, existing and projected
traffic patterns, quality of roads and sidewalks in the area and the
other factors related to the need created by the site or subdivision
and anticipated thereto.
(c)
Drainage facilities may be based upon the percentage
relationship between the site or subdivision acreage and the acreage
of the total drainage basins involved or upon calculations developing
the percentage contribution that the storm runoff from a particular
site or subdivision bears to the total design capacity of any improvement.
The particular methods shall be selected in each instance by the Planning
Board Engineer.
(d)
Sewage facilities shall be based upon a proportion
as determined by the current rules and regulations of the Toms River
Sewerage Authority.
(e)
Water supply and distribution facilities may
be based upon the current rules and regulations governing the particular
utility supplying water service.
(2)
All moneys received by the municipality in accordance
with the provisions of this section shall be paid to the Municipal
Treasurer, who shall provide for a suitable depository therefor. Such
funds shall be used only for the improvements for which they are deposited
or improvements serving the same purposes unless such improvements
are not initiated for a period of five years from the date of payment,
after which time said funds shall be transferred to the capital improvement
fund of the municipality.
(3)
The apportionment of costs shall be determined
by the Planning Board. The developer shall be afforded an opportunity
before said Board to present evidence relative thereto.
C.
Assessment not precluded. Nothing in this section
of the chapter shall preclude the municipality from assessing any
property benefiting from installation of any off-tract improvements
as provided in this section pursuant to the provisions of the Revised
Statutes of New Jersey, an allowance being made to the respective
parcels of realty for payments herein.
Before any developer effectively assigns any
of his interest in any preliminary or final approval, he must notify
the Administrative Officer and supply detailed information with regard
to the name, address, principals, type of organization, competency,
experience and past performance of the assignee, transferee or agent.
Notice of such assignment or transfer shall be given no later than
10 days after its effective date. The assignee must be made acquainted
with all the conditions of approval, and the developer shall so certify.
A.
No contractor, builder, developer or subcontractor
shall engage any personnel in any of the work on constructing any
improvements unless they are continually supervised by a competent,
English-speaking supervisor acceptable to the Township Engineer.
B.
No less than five days prior to commencing construction
of any improvements on the site, the developer or his agent shall
provide the Township Engineer with the names, addresses, phone numbers
and emergency phone numbers of the subdivider and/or a representative
empowered to act for the developer and/or each contractor and their
supervisor in charge of the construction, setting forth the aspect
of construction for which each is responsible.
C.
The developer may retain throughout the course of
construction a registered New Jersey professional engineer to supervise
the implementation of the approved subdivision or site design and
to make periodic reports to the Township as well as to the developer
regarding conformance of the construction with the requirements of
final approval.
D.
If the developer proposes to retain someone other
than the engineer who prepared the final plat to supervise construction,
he shall notify the Township Engineer and the Planning Board of the
name, address and license number of the engineer retained. If at any
time during the course of construction the developer elects or is
required to replace the responsible engineer and/or employ additional
engineers, he shall likewise notify the Township Engineer and the
Planning Board.
E.
The supervising engineer shall immediately notify
the Township Engineer of any deviation, observed or proposed, from
the requirements of final approval and/or this chapter.
F.
At regular intervals during the course of construction,
but not less often than at monthly intervals, the supervising engineer
shall submit to the Township Engineer a report listing his observations
of the work undertaken during the reporting period, specifically noting
any deviation from the requirements of final approval and/or this
chapter and listing those improvements expected to be undertaken during
the next reporting period. The developer shall accompany any request
for acceptance of public improvements and/or release of performance
guaranties with a certification by the responsible supervising engineer
attesting to the completion of the improvements in full conformance
with the requirements of final approval and this chapter and/or specifically
noting any deviation therefrom.
A.
Inspection, testing, and administration fees.
[Amended 9-11-2018 by Ord. No. 4600-18]
(1)
The obligor shall reimburse the municipality for reasonable
inspection fees incurred by the Township for the inspection of bonded
improvements, which fees shall not exceed the sum of the amount set
forth in N.J.S.A. 40:55D-53. The municipality may require the developer
to post the inspection fees in escrow in an amount calculated as follows:
a) except for extraordinary circumstances, the greater of $500 or
5% of the cost of improvements subject to a performance guarantee;
plus b) an amount not to exceed 5% of the cost of private site improvements
not subject to a performance guarantee, which cost shall be determined
pursuant to N.J.S.A. 40:55D-53.4.
(2)
If the Township determines that the amount in escrow for the
payment of inspection fees, as calculated herein, is insufficient
to cover the cost of additional required inspections, the Township
may require the developer to deposit additional funds in escrow provided
that the Township delivers to the developer a written inspection escrow
deposit request which informs the developer of the need for additional
inspections, details the items or undertakings that require inspection,
estimates the time required for those inspections, and estimates the
cost of performing those inspections.
B.
Inspection notice. All required improvements, except
those utility improvements which are not the responsibility of the
Township, shall be subject to inspection and approval by the Township
Engineer, who shall be notified by the developer at least five days
prior to the initial start of construction and again 24 hours prior
to the resumption of work after any idle period exceeding one working
day. All of the utility improvements shall be subject to inspection
and approval by the owner of or agency controlling the utility, who
shall be notified by the developer in accordance with the utilities
requirements. No underground installation shall be covered until it
is inspected and approved by the owner of or agency controlling the
utility or by the Township Engineer in all other cases.
C.
Modification of improvements. At any time, whether
as a result of his inspection of work underway or otherwise, the Township
Engineer may recommend that the developer be required to modify the
design and extent of the improvements required, notifying the Planning
Board of his recommendations. The Planning Board shall, if it considers
such modifications to be major, or if requested by the developer or
Township Engineer, take formal action to approve or disapprove such
recommendations; provided, however, that it must first afford the
developer an opportunity to be heard. If the Board takes no formal
action within 30 days of such recommendations, or where the developer
has not requested formal Planning Board action, its approval will
be assumed. Similarly, the Planning Board may grant or deny the developer
permission to effect such modification upon his application and the
Township Engineer's approval. In either event, where such modification
is to be effected, the appropriate plat must be revised by the developer
or his engineer to reflect such modification and sufficient copies
thereof submitted to the Administrative Officer for distribution.
D.
General inspection requirements. All improvements,
except as otherwise provided, shall be subject to inspection and approval
by the Township Engineer. No underground installation shall be covered
until inspected and approved by the Township Engineer or those agencies
having jurisdiction over the particular installation. If such installation
is covered prior to inspection, it shall be uncovered or other inspection
means used, such as a television or other pipeline camera, as may
be deemed necessary by the Township Engineer, and charges for such
work will be paid for by the developer.
E.
Inspection not acceptance. Inspection of any work
by the Township Engineer or his authorized representative shall not
be considered to be final approval or rejection of the work but shall
only be considered to be a determination of whether or not the specific
work involved was being done to Township specifications or other required
standards at the time of inspection. Any damage to such work or other
unforeseen circumstances, such as the effect of the weather, other
construction, changing conditions, settlement, etc., between the time
of installation and the time that the developer wishes to be released
from his performance guaranty shall be the full responsibility of
the developer, and no work shall be considered accepted until release
of the performance guaranty.
F.
Payment to contractors. No developer shall enter into
any contract requiring the Township Committee, the Township Engineer
or any of their agents, employees or other representatives to make
any declarations, written or otherwise, as a condition of payment
of said developer to a contractor as to the acceptance or rejection
of the work. Neither the Township Committee, the Township Engineer
nor any of their agents, employees or representatives shall make any
such declaration.
G.
Procedure on acceptance of public improvements. When
the developer has constructed and installed the streets, drainage
facilities, curbs, sidewalks, street signs, monuments and other improvements
in accordance with Township regulations, standards and specifications
and desires the Township to accept the said improvements, he shall,
in writing, addressed to and in a form approved by the Township Committee,
with copies thereof to the Township Engineer, request the Township
Engineer to make a semifinal inspection of the said improvements.
If the improvements have been constructed under a performance guaranty
after approval of a final plat, the developer shall submit an as-built
plan showing as-built grades, profiles and sections and locations
of all subsurface utilities, such as french drains, combination drains,
sanitary sewage disposal systems, both public and individual waterlines
and control valves, gas lines, telephone conduits, monuments, iron
property markers and any other utilities or improvements installed
other than as shown on the approved final plat. Said as-built plan
shall be certified to by a licensed New Jersey professional engineer.
If any improvements are constructed prior to final plat approval,
the final plat shall reflect all changes and as-built conditions and
be so certified. Said as-built plan(s) shall be submitted on reproducible
media.
H.
If a municipal agency includes as a condition of approval
of an application for development the installation of streetlighting
on a dedicated public street connected to a public utility, that upon
notification in writing by the developer to the municipal agency and
the Township Committee that streetlighting on such dedicated public
street has been installed and accepted for service by the public utility,
and that certificates of occupancy have been issued for not less than
50% of the dwelling units and not less than 50% of the floor area
of any nonresidential uses on such dedicated public street or portion
thereof, the municipality shall, within 30 days following receipt
of said notice, make appropriate arrangements with the public utility
and assume the payment of the cost of the streetlighting on said dedicated
public street on a continuing basis. Compliance with the provisions
of the section shall not be deemed acceptance of the street by Toms
River Township.
[Added 5-13-1992 by Ord. No. 2911-92]
A.
It shall be the responsibility of the developer to
maintain the entire site or subdivision in a safe and orderly condition
during construction. Necessary steps shall be taken by the developer
to protect occupants of the site or subdivision and the general public
from hazardous and unsightly conditions during the entire construction
period. These steps shall include but are not limited to the following:
(1)
Open excavations shall be enclosed by fencing
or barricades during nonconstruction hours. Movable barricades shall
be equipped with yellow flashing hazard markers or other lighting
during the hours of darkness.
(2)
The excavation of previously installed sidewalk
and pavement areas which provide access to occupied building in the
site or subdivision shall be clearly marked with signs and barricades.
Alternate safe access shall be provided for pedestrians and vehicles
to the occupied buildings.
(3)
Materials stored on the site shall be screened
from the view of occupants of the subdivision or site and adjoining
streets and properties.
(4)
Construction equipment, materials and trucks
shall not be stored within 150 feet of occupied buildings in the site
or subdivision and adjoining streets and properties during nonconstruction
hours.
(5)
Safe vehicular and pedestrian access to occupied
buildings in the site or subdivision shall be provided at all times.
(6)
Construction activities which create obnoxious
and unnecessary dust, fumes, odors, smoke, vibrations or glare noticeable
in occupied buildings in the subdivision or site and adjoining properties
and streets shall not be permitted.
(7)
Construction activities which will result in
damage to trees and landscaping in occupied buildings in the site
or subdivision or adjoining properties shall not be permitted.
(8)
All locations and activities in the site or
subdivision which present potential hazards shall be marked with signs
indicating the potential hazard.
(9)
Unsightly construction debris, including scrap
materials, cartons, boxes and wrappings must be removed daily at the
end of each working day.
(10)
Whenever construction activities take place
within or adjacent to any traveled way or interfere with existing
traffic patterns in any manner, suitable warning signs, conforming
to the requirements of the Uniform Manual on Traffic Control Devices,
will be erected and maintained by the developer.
(11)
It is the developer's obligation to maintain
roads that have not been accepted by Toms River Township. The foregoing
notwithstanding, the Township may provide snowplowing on roads serving
properties with certificates of occupancy that are complete, including
the top course of paving. The Township will do so if it finds for
health and safety reasons it is necessary to do so. In such an event,
however, the cost of plowing shall be a developer's responsibility
and at the developer's expense. The Township, in the event of the
developer's failure to pay, may seek recourse against the posted performance
guarantees.
[Added 10-14-2003 by Ord. No. 3830-03]
B.
Should the developer fail in his obligation to maintain
the site or subdivision in a safe and orderly condition, the Township
may, on five days' written notice, or immediately in the case of hazard
to life, health or property, undertake whatever work may be necessary
to return the site or subdivision to a safe and orderly condition
and deduct the cost thereof from the ten-percent-cash-or-certified-check
portion of the performance guaranty. Upon notice of such deduction,
the developer shall, within 10 days, restore the full ten-percent-cash
balance, or his performance guaranty will be held to be void, and
the Township may take action as if final plat approval had not been
obtained.
C.
The Construction Official shall, upon receiving notice
from the Township Engineer that a developer is in violation of this
section, suspend further issuance of certificates of occupancy and
building permits and may order cessation of work on any outstanding
permits.
[Amended 3-11-1992 by Ord. No. 2892-92]
A.
No certificate of occupancy shall be issued for any
use or building involving the installation of utilities or street
improvements, parking areas, buffer areas, storm drainage facilities,
other site improvements, the alteration of the existing grade on a
lot or the utilization of a new on-site well or sanitary disposal
system unless all required improvements are installed and approved
by the Township Engineer or other appropriate authority, or the Township
Engineer or other appropriate authority, where applicable, shall have
certified occupancy can occur with no detrimental impact on the health,
welfare and/or safety of the occupants and the general public.
B.
The following items shall be considered in the view
of a request for a certificate of occupancy:
(1)
Utilities and drainage. All utilities, including
but not limited to water, gas, storm drains, sanitary sewers, electric
lines and telephone lines, shall have been properly installed and
service to the lot, building or use from such utilities shall be available.
(2)
Grading of street rights-of-way. All street
rights-of-way necessary to provide access to the lot in question shall
have been completely graded, and all slope retaining devices or slope
plantings shall have been installed.
(3)
Street rights-of-way. All street rights-of-way
necessary to provide access to the lot, building or use in question
shall have been completely graded, and all slope retaining devices
or slope planting shall have been installed.
(4)
Sidewalks. All sidewalks necessary to provide
access to the lot, building or use in question shall have been properly
installed.
(5)
Streets. Curbing and the bituminous base course
of bituminous concrete streets or the curbing and pavement course
for portland cement concrete streets necessary to provide access to
the proposed lot, building or use shall have been properly installed.
(6)
Curbing and parking areas. Curbing and the bituminous
base course of parking areas necessary to provide access to the required
number of parking spaces for the building or use in question shall
have been properly installed.
(7)
Obstructions. All exposed obstructions in parking
areas, access drives or streets, such as manhole frames, water boxes,
gas boxes and the like, shall be protected by building to the top
of such exposures with bituminous concrete as directed by the Township
Engineer.
(8)
Screening, fences and landscaping. All required
screening, fencing and/or landscaping related to the lot, building
or use in question shall have been properly installed unless the Township
Engineer, upon the advice of the Toms River Township Environmental
Commission, shall direct the developer to delay the planting of screening
and landscaping until the next planting season in order to improve
the chances of survival of such plantings.
(9)
Site grading. All site grading necessary to
permit proper surface drainage and prevent erosion of soils shall
have been completed in accordance with the approved soil disturbance
plans.
(10)
On-site wells. All on-site wells shall have
been installed, tested and approved by the Township Board of Health.
(11)
On-site sanitary disposal systems. All on-site
sanitary disposal systems shall have been installed and approved by
the Township Board of Health.
(12)
Public water supply. Where the proposed lot,
building or use is served by a public water supply, said supply shall
have been installed and tested and all required fire hydrants or fire
connections shall have been installed and tested and approved by the
Chief of the Bureau of Fire Prevention and/or the Board of Fire Commissioners.
(13)
Lighting. All outdoor lighting shall have been
installed and shall be operational.
(14)
Street signs and traffic control devices. All
street signs, paint lining and/or traffic control devices affecting
the proposed lot, building or use, and required under the terms of
approval of a subdivision or site plan or by federal, state, county
or municipal rules, regulations or laws, shall have been installed.
(15)
Other. Any other conditions established for
issuance of a certificate of occupancy by the Planning Board as a
condition of final site plan approval shall be complied with.
[Amended 5-13-1992 by Ord. No. 2911-92; 9-11-2018 by Ord. No. 4600-18]
A.
Prior to the release of a performance guarantee issued pursuant to § 348-7.1, the developer must furnish a maintenance guarantee in an amount equal to 15% of the installation of the improvements which are being released.
B.
The developer shall furnish, upon the inspection and issuance of
final approval of the Township Engineer, a maintenance guarantee in
amount not to exceed 15% of the cost of the installation of following
private site improvements: stormwater management basins; in-flow and
water quality structures within those basins; and the out-flow pipes
and structures of the stormwater management system. The costs shall
be determined in accordance with N.J.S.A. 40:55D-53.4.
C.
The term of the maintenance guarantee shall be for a period of two
years and shall automatically expire at the end of the established
term.
D.
The developer may elect to furnish a maintenance guarantee either by maintaining on deposit with the Township the 10% cash or certified check portion of the performance guarantee provided in accordance with § 348-7.1 or by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the Township Attorney and Township Council.
E.
The maintenance guarantee shall be to the effect that the applicant,
developer, owner or user guarantees the complete maintenance of all
improvements for a period of two years from the release of the performance
guarantee. Should the applicant, developer, owner or user fail in
that obligation, the Township may, on 10 days' written notice, or
immediately in the case of hazard to life, health, or property, proceed
with necessary repair or replacement of any unacceptable improvements
and charge the cost thereof against the maintenance guarantee.
F.
At the end of the maintenance guarantee, the cash or certified check
on deposit will be returned to the developer less any sums, properly
documented by the Township, which have been expended to repair or
replace any unsatisfactory improvements.
[Added 9-11-2018 by Ord.
No. 4600-18]
A.
Temporary certificate of occupancy guarantees. As a condition to
the issuance of a temporary certificate of occupancy ("TCO") for a
development unit, lot, building, or phase of development, the developer
must furnish a separate guarantee in favor of the Township, referred
to herein as a TCO guarantee, in an amount equal to 120% of the cost
of installation of only those improvements or items which remain to
be completed under the terms of the TCO and which are required to
be installed or completed as a condition precedent to the issuance
of a permanent certificate of occupancy, and which are not covered
by an existing performance guarantee.
(1)
Upon posting of a TCO guarantee, all sums remaining under a performance guarantee required pursuant to Subsection A, which relate to the development unit, lot, building, or phase of development for which the TCO is sought, shall be released.
(2)
The scope and amount of the TCO guarantee shall be determined
by the Township Engineer.
(3)
The TCO bond guarantee shall be released upon the issuance of
a permanent certificate of occupancy with regard to the development
unit, lot, building, or phase as to which the TCO relates.
B.
Safety and stabilization guarantees. In addition to a performance guarantee required pursuant to § 348-7.1A, a developer shall furnish to the Township a separate guarantee, referred to as a safety and stabilization guarantee.
(1)
The safety and stabilization guarantee shall be available to
the Township solely for the purpose of returning property that has
been disturbed to a safe and stable condition or otherwise implementing
measures to protect the public from access to an unsafe or unstable
condition, only in the circumstance that:
(a)
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
(b)
Work has not recommenced within 30 days following the provision
of written notice by the Township to the developer of the Township's
intent to claim payment under the safety and stabilization guarantee.
(2)
The Township shall not provide notice of its intent to claim
payment under a safety and stabilization guarantee until a period
of at least 60 days has elapsed during which all work on the development
has ceased for reasons other than force majeure. Written notice shall
be provided by certified mail or some other form of delivery providing
evidence of receipt.
(3)
The developer may choose to furnish the safety and stabilization
guarantee either as a separate guarantee or as a line item of the
performance guarantee.
(4)
The amount of the safety and stabilization guarantee shall be
established by the Township Engineer as follows:
(5)
The Township shall release a safety and stabilization guarantee
upon the developer furnishing a performance guarantee that includes
a line item for safety and stabilization in the amount required hereunder.
(6)
The Township shall release a safety and stabilization guarantee
upon the Township Engineer's determination that the development of
the project site has progressed to the point that the improvements
installed are adequate to avoid any potential threat to public safety.
A.
General. All improvements shall be installed in complete
accordance with the standards of this chapter, with other particular
specifications approved by the Planning Board and Township Engineer
and with all other applicable municipal, county, state and federal
regulations. Should improvements be required which are not provided
for within the particular sections of this chapter, they shall be
designed and constructed in accordance with good engineering practice
and recognized design standards. The developer, or his engineer, shall
submit detailed design calculations and construction specifications
in each such instance. Prior to the initiation of such specialized
design, the particular standards to be utilized shall be submitted
for review by the Planning Board and Township Engineer.
B.
Standard specifications and construction details.
The Standard Specifications for Road and Bridge Construction of the
New Jersey Department of Transportation (latest edition), including
all addenda, and the Standard Construction Details of the New Jersey
Department of Transportation (latest revision), as modified, supplemented,
amended or superseded by the requirements of this chapter, by the
approved final plat, by particular agreement among the Planning Board,
Township Committee and subdivider or by other applicable municipal,
county, state or federal regulations, shall govern the completion
of the required improvements. Such Standard Specifications and Standard
Construction Details are made a part of this chapter by reference
and will not be herein repeated. It is the responsibility of all developers
to familiarize themselves with these standards, copies of which may
be examined at the offices of the Township Clerk and Township Engineer
and may be obtained, upon payment of the cost thereof, from the New
Jersey Department of Transportation. The requirements of this chapter,
of an approved final plat or of particular agreements and conditions
of approval and of applicable municipal, county, state or federal
regulations shall govern and prevail in the case of conflict between
them and the Standard Specifications or Standard Construction Details.
Should the Township adopt, subsequent to the effective date of this
chapter, particular and specific Standard Construction Details for
Toms River Township, they shall govern and prevail over the Standard
Construction Details of the New Jersey Department of Transportation
previously referred to.
A.
Objectives. All site plan and subdivision plats shall
conform to design standards that will encourage desirable development
patterns within the Township. Where either or both an Official Map
or Master Plan have been adopted, the site plan or subdivision shall
conform to the proposals and conditions shown thereon. The streets,
drainage rights-of-way, school sites, public parks and playgrounds
and other municipal facilities shown on an adopted Master Plan or
Official Map shall be considered in the review of site plans and subdivision
plats. Where no Master Plan or Official Map exists, or makes no provisions
therefor, streets and drainage rights-of-way shall be shown on the
final plat in accordance with N.J.S.A. 40:55D-38 and shall be such
as to lend themselves to the harmonious development of the municipality
and the enhancement of the public welfare.
B.
Responsibility for design. Within the criteria established
by and subject to the review and approval of the Planning Board, all
design of a site plan or subdivision is the responsibility of the
developer, and he shall be responsible for and bear the entire cost
of any and all investigations, tests, reports, surveys, samples, calculations,
environmental assessments, designs, researches or any other activity
necessary to the completion of the design. The standards set forth
in this chapter shall be taken to be the minimum necessary to meet
its purposes, as set forth elsewhere herein. The responsibility of
the Planning Board shall be to see that these minimum standards are
followed and, in those cases not covered by these standards, sufficient
precautions are taken to assure that the eventual design is conducive
to the implementation of the purposes of this chapter and the Township
Master Plan. The Planning Board may employ professionals in various
disciplines to advise and assist it in its determinations. Any decisions
of the Planning Board regarding the suitability or sufficiency of
any design proposal, taken upon advice of its professionals and subject
to the provisions of this chapter, shall be deemed conclusive.
C.
Design data. To properly execute the design of a site
plan or subdivision, it is anticipated that the developer will obtain
or cause to be obtained certain design data, including but not limited
to soil tests and analyses, environmental assessments, traffic studies
and traffic projections, surveys, reports and similar design data.
Any and all such data obtained by the developer, or by others retained
by him to complete the design, shall be made available to the Planning
Board and its employees and professional consultants for the purpose
of reviewing the proposed design. Should the Planning Board determine
that the design data submitted is not sufficient for the purpose of
completing a full review of the proposal, it may request the applicant
to provide such additional information as is deemed necessary. Until
the applicant supplies such information, no submission under the provisions
of this chapter shall be termed complete. Nothing contained herein
shall be interpreted to prevent the Planning Board from making or
causing to be made such independent studies, calculations or other
undertakings as it deems necessary in the review of any application
for development.
D.
Design standards. When a developer determines that
it will be necessary to utilize design standards in addition to or
other than those minimum requirements established herein, he is advised
to consult with the Planning Board Engineer, prior to beginning his
detailed design, for review and approval of his proposed design standards.
Standards utilized should generally be nationally recognized and in
common use in this area. Design standards may not be utilized if they
do not have the approval of the Planning Board Engineer.
E.
Waiver of requirements. It is recognized that, in
certain instances, preexisting conditions or the uniqueness of a particular
proposal may require the waiver of some of the standards presented
herein. The Planning Board may consider and, for cause shown, may
waive strict conformance with such of these detailed design standards
as it sees fit. Any developer desiring such action shall present with
his application for development a listing of all such waivers desired,
together with the reasons therefor.
A.
The block length, width and acreage within bounding
roads shall be such as to accommodate the size and dimensions of lots
required for the zoning district by this chapter and to provide for
convenient access, circulation control and safety of vehicles and
pedestrians.
B.
Block lengths may vary between 500 and 3,000 feet,
but blocks along other than local, local collector, minor collector
or major collector streets shall not be less than 1,200 feet long.
C.
Interior crosswalks with a right-of-way 20 feet wide
containing a sidewalk of four feet or greater in width and fenced
on both sides may be required for blocks longer than 1,200 feet, from
the ends of the culs-de-sac to adjacent streets and elsewhere as required
by the public convenience, including the provision of walks giving
access to schools, playgrounds and shopping centers, without the necessity
of crossing traffic thoroughfares.
[Amended 9-14-1982 by Ord. No. 2116; 4-26-1983 by Ord. No.
2166-83; 4-26-1983 by Ord. No. 2169-83; 4-9-1985 by Ord. No.
2309-85; 6-11-1985 by Ord. No. 2329-85; 9-12-2000 by Ord. No.
3551-00; 1-28-2003 by Ord. No. 3766-03; 5-13-2003 by Ord. No.
3793-03; 12-9-2003 by Ord. No. 3843-03; 12-12-2017 by Ord. No. 4562-17; 8-11-2020 by Ord. No. 4676-20]
A.
*Buffer areas. All uses, other than single-family detached and two-family detached dwellings and their accessory uses (except as otherwise provided in this chapter), shall provide buffer areas along all side and rear property lines which abut areas zoned residentially (including single-family detached, two-family or multifamily detached dwellings) and along front property lines on local, local collector, minor collector and major collector streets which abut areas zoned for such residential uses. For purposes of these buffer areas, a planned residential retirement development having a density of 4.0 units per acre shall not be considered single-family detached and two-family detached dwellings and shall require provisions for buffer areas as provided herein. [Also refer to § 348-8.20J(2)(b).]
(1)
The width of the buffer area shall be determined in accordance
with the following:
|
Zone
|
Minimum Buffer Width
(feet)
|
|---|---|
|
HB, RHB, O-10, O-15, I, LI
|
60
|
|
R-800, Rural, R-400, R-400C, R-200
|
50
|
|
RC
|
150 average, 100 minimum
|
|
All other zones and any parking area of 10 or more spaces in
a residential zone
|
20 feet along side and rear property lines
|
(2)
If a proposed single-family detached or two-family detached
subdivision abuts a major collector or minor or principal arterial
highway or an area zoned for or occupied by other uses, the board
of jurisdiction shall consider the need for buffer areas and may require:
(a)
That a buffer strip not exceeding 50 feet in width be provided
and maintained in its natural state and/or suitably planted with screening
and landscaping; or
(b)
That the adjacent lots front on an interior street and have
a depth of at least 200 feet with suitable screening and landscaping
planted at the rear; or
(c)
That other suitable means of separation be provided.
(3)
Buffer areas shall be maintained and kept free of all debris,
rubbish, weeds and tall grass.
(4)
No structure, activity, storage of materials or parking of vehicles
shall be permitted within the buffer area, except that where permitted
by the board of jurisdiction the buffer area may be broken for vehicular
or pedestrian access and appropriate directional and safety signs
provided.
(5)
(Reserved)
B.
*Screening. Within buffer areas required by Subsection A above, there shall be provided screening in accordance with the following regulations:
(1)
Location.
(a)
The location of screening within buffer areas wider than 20
feet shall be arranged in order to provide a continuous visual screen
and maximum protection to adjacent properties and to avoid damage
to or interference within desirable existing plant material and shall
be subject to approval by the board of jurisdiction. Possible arrangements
include but are not limited to those shown in Figures 1A, 1B and 1C.
 |
(b)
Those portions of the buffer area not included within the screening
strip shall either contain existing vegetation approved by the board
of jurisdiction or its designee and/or be planted with trees and shrubs
in accordance with a landscape plan approved by the Toms River Township
Planning Board or its designee.
(2)
Except as otherwise provided herein, the screening area shall
be a minimum of 20 feet in width and shall be planted with evergreen
trees specified in this chapter or otherwise approved by the board
of jurisdiction. Trees shall be planted in two staggered rows eight
feet apart and shall be between six feet and eight feet in height
and shall conform to the current American Standard for Nursery Stock
sponsored by the American Association of Nurserymen, Inc. Within each
row, the trees shall be planted on six-foot centers. (See Figure 2A
below.)
 FIGURE 2A
STANDARD SCREENING
|
(3)
In cases where it is determined to be necessary or desirable
by the board of jurisdiction to create an effective screen, the developer
shall install a solid six-foot-high solid vinyl fence, or a substitute
acceptable to the board, along the outside of the required screening
strips prior to commencing the construction of improvements on the
site.
(4)
Where existing specimen trees, as defined in Chapter 471, Trees, of the Code of the Township of Toms River, exist within a screening area, they should be retained and supplemented with shade-tolerant evergreen trees to provide the equivalent of the required screening as determined by the board of jurisdiction.
(5)
Where all proposed buildings, parking areas and other improvements
are located 100 feet or more from a property line abutting a residential
zone or a permitted residential use and there is sufficient existing
vegetation to contribute to the effective screening of the proposed
development, the board of jurisdiction may permit a screening strip
of 10 feet in width planted with a single row of evergreen trees in
a location approved by the board of jurisdiction planted on five-foot
centers with a minimum height of six feet to eight feet of a type
and species to be substituted for the screening area required in Figure
2A. (See Figure 2B below.)
|
FIGURE 2B
MODIFIED SCREENING
 |
(6)
The required height for a screening area shall be measured in
relationship to the elevation of the land at the nearest required
rear, side or front yard setback line of the abutting residentially
zoned properties. Where the average ground elevation of the location
at which the screening strip is to be planted is less than the average
ground elevation at the nearest required rear, side or front setback
line on the abutting residentially zoned property, the board of jurisdiction
shall require that the screening strip be bermed and the height of
trees planted in the required screening strip be increased so that
the height of the berm and increased height of the trees is equal
to the difference in elevation.
(7)
All trees in a screening area shall be watered weekly through
the first growing season. The developer shall construct a six-inch-deep
earth saucer around each tree to hold water and fill with woodchips
or other suitable mulch. Trees shall be nursery grown, balled and
bagged, sheared and shaped, of the required height and planted according
to accepted horticultural standards. Plant material planted in combination
with a constructed berm shall be installed and the berm designed so
that sufficient rainfall or irrigation water reaches the root zones
of the plants.
(8)
At the following locations within required screening areas,
evergreen shrubs with a maximum mature height of 30 inches or less
shall be provided in lieu of the evergreen trees specified above:
(9)
Waiver. The board of jurisdiction, after favorable recommendation
by the Board Engineer and, if requested, the Environmental Commission
and after examination and review, may waive, fully or partially, provisions
of this section in heavily wooded areas, in areas unsuitable for plantings
or because of other exceptional conditions and/or may require supplementary
plantings.
C.
Landscaping.
(1)
Topsoil preservation. No topsoil shall be removed from the site
or used as spoil, except as may be provided for in a topsoil removal
permit issued in accordance with the ordinances of Toms River Township
regulating mining operations or excess topsoil remaining after all
improvements have been installed in accordance with an approved site
plan or subdivision map after topsoil has been redistributed in accordance
with this subsection. All topsoil moved during the course of construction
shall be redistributed on all regraded surfaces so as to provide an
even cover and shall be stabilized by seeding or planting. All regraded
areas and all lawn areas shall be covered by a four-inch minimum thickness
of topsoil. If sufficient topsoil is not available on the site, topsoil
meeting the requirements of the Standard Specifications shall be provided
to result in a four-inch minimum thickness.
(3)
Protection of trees. No material or temporary soil deposits
shall be placed within six feet of any trees or shrubs designated
to be retained on the preliminary and/or final plat. Where grading
may be required, trees not shown for removal shall be walled in and
extension tiled to the outer crown of the tree.
(4)
Removal of debris. All tree stumps and other tree parts or other
debris shall be removed from the site and disposed of in accordance
with law. No tree stumps, portions of a tree trunk or limbs shall
be buried anywhere in the development. All dead or dying trees, standing
or fallen, shall be removed from the site. If trees and limbs are
reduced to chips they may, subject to the approval of the Township
Engineer, be used as mulch in landscaped areas.
(5)
Slope plantings. Landscaping of the area of all cuts or fills
and terraces shall be sufficient to prevent erosion, shall be approved
by the board of jurisdiction and shall be in accordance with applicable
portions of Chapter 438, Soil Disturbance, of the Code of the Township
of Toms River. All roadway slopes steeper than one foot vertically
to three feet horizontally shall be planted with suitable cover plants
combined with grasses and/or sodding. Grasses or sodding alone shall
not be acceptable.
(6)
Selective thinning. Throughout the development, except in areas
specifically designated to remain in their natural state, in landscaped
or buffer areas, on building lots and in open space areas for public
or quasi-public use, the developer shall selectively thin or remove
all dead or dying vegetation, either standing or fallen, and shall
remove, including grubbing out stumps, all undesirable trees and other
growth in accordance with a tree management plan approved by the Township
Forester. The developer shall, in accordance with overall site development
and his proposed landscaping scheme, provide cleared, graded and drained
pathways approximately four feet wide through all public or quasi-public
open space in heavily wooded areas. Such pathways should be sited
to conform to the existing natural conditions and should remain unobstructed.
They are not intended to provide improved walkways but only to provide
easy access through open space areas.
(7)
Additional trees in single-family and two-family subdivisions.
Besides the screening and shade tree requirements, additional trees
shall be planted throughout the subdivision in accordance with a planting
plan approved by the Planning Board at the time of final approval.
The number of trees planted shall be not less than 10 per acre, calculated
on the basis of the entire subdivision tract. The variety of plantings
may vary from those listed under shade tree requirements and may include
flowering types and/or evergreens, not exceeding 30% of the total
plantings.
(8)
Additional landscaping for nonresidential uses. In conjunction
with all uses other than single- and two-family homes, all areas of
the site not occupied by buildings, pavement, sidewalks, required
screening, required parking area landscaping, required safety islands
or other required improvements shall be landscaped by the planting
of grass or other ground cover acceptable to the Planning Board and
a minimum of two shrubs and one tree for each 250 square feet of open
space.
(9)
Trees shall be planted with a minimum diameter of two inches
breast high.
(10)
Waiver. The Planning Board, after favorable recommendation by
the Planning Board Engineer, Conservation Officer and Environmental
Commission and after examination and review, may waive, fully or partially,
provisions of this section in heavily wooded areas, in areas unsuitable
for plantings or because of other exceptional conditions and/or may
require supplementary plantings.
(11)
Specification. All planting, clearing, selective thinning, topsoiling,
seeding and other landscaping work shall conform to the applicable
requirements of the Standard Specifications.
(12)
Landscaping plan. The placement of landscaping shall be in accordance
with a landscaping plan submitted with the final plat.
(13)
Relocated plantings. Existing plants may be salvaged and/or relocated from clearing areas within the development and utilized to meet the planting requirements of Subsection C(7) and (8), provided that:
(a)
Each three items of salvaged and/or relocated plant material
shall be considered equivalent to two items of new plant material.
(b)
All such salvaged and/or relocated plant material shall be of
a type, size and quality acceptable to the Conservation Officer and
the Township Engineer.
(c)
All such salvaged and/or relocated plant material shall be dug,
transported and replanted at a season of the year and using a schedule
and equipment, methods and materials conforming to the requirements
of the Standard Specifications and subject to the approval of the
Conservation Officer and the Township Engineer.
(d)
The developer has received the approval of the Conservation
Officer and the Township Engineer of the items to be relocated and
the schedule and methods of relocation prior to any work of salvaging
and/or relocation taking place.
(14)
All landscape areas other than single-family lots shall provide
an irrigation system acceptable to the Planning Board.
(15)
A landscape plan shall be submitted to vegetate clear areas of open space for each application. For the purpose of this section, a "clear area" shall be any area that has an average of less than one tree for each 250 square feet of open space. [The definition of "tree" is any living deciduous trees having a trunk of a diameter greater than three inches DBH (diameter breast high), any living coniferous tree having a trunk of a diameter greater than four inches DBH or any living dogwood (cornus florida) or American holly (ilex opaca) tree having a diameter of one inch or greater DBH as described in Chapter 471, Trees, § 471-3, Definitions.] This plan shall provide a minimum of one tree for every 250 square feet of open space. Thirty percent of the total can be coniferous (evergreen) and/or ornamental trees. The minimum size for deciduous trees shall be two-inch caliper with the minimum height for evergreens to be six feet. These trees must meet the standard set by the American Nursery Standards.
D.
Shade trees. All street trees, or those planted along the street
in conjunction with a subdivision or site plan, are recommended to
be from the following list planted in the manner indicated:
(1)
For purposes of this section, any reference to "small trees"
shall include the following trees, which shall be planted 30 feet
on center and which shall be planted in accordance with the following:
(The reference to "B&B" shall mean balled and burlapped.)
|
Botanical Name
|
Common Name
|
Mature Height
(feet)
|
Planting Height and Method
(feet)
|
|---|---|---|---|
|
Carpinus betulus fastigiate
|
Pyramidal European hornbeam
|
35
|
8 to 10, B&B
|
|
Cornus florida
|
White flowering dogwood
|
25
|
8 to 10, B&B
|
|
Cornus florida ruba
|
Red flowering dogwood
|
20
|
8 to 10, B&B
|
|
Malus baccata
|
Siberian crab
|
25
|
8 to 9, 2" to 2.5" caliper, B&B
|
|
Malus scheideckeri "Superba"
|
Scheidecker crab
|
15
|
8 to 10, B&B
|
|
Prunus serrulata Kwanzan
|
Kwanzan cherry
|
40
|
8 to 10, B&B
|
|
Pyrus calleryana "Redspire" Plant Patent No. 3815
|
Redspire Pear
|
35
|
8 to 10, B&B
|
|
Sophora Japonica "Regent"
|
Regent scholar tree
|
35
|
8 to 10, B&B
|
|
Ulmus parvifolia
|
Laceback elm
|
40
|
8 to 10, B&B
|
|
Species not listed may be approved at the discretion of the
Planning Board.
|
(2)
For purposes of this section, any reference to "average sized
trees" shall include the following trees, which shall be planted at
a maximum of 40 feet on center and which shall be planted in accordance
with the following: (The reference to "B&B" shall mean balled
and burlapped.)
|
Botanical Name
|
Common Name
|
Mature Height
(feet)
|
Planting Height and Method
(feet)
|
|---|---|---|---|
|
Ginkgo biloba "Princeton Sentry" (Plant Patent No. 2726)
|
Maidenhair tree
|
75
|
10 to 12, 2.5" to 3" caliper, B&B
|
|
Gleditsia triacanthos inermis "Shademaster"
|
Shademaster honey locust (or Halka)
|
60
|
12 to 14, 2.5" to 3" caliper, B&B
|
|
Gymnocladus dioicus
|
Kentucky coffee tree
|
46
|
12 to 14, 2.5" to 3" caliper, B&B
|
|
Tilia cordata "Greenspire" (Plant Patent No. 2086)
|
Greenspire linden
|
60
|
12 to 14, 2.5" to 3" caliper, B&B
|
|
Zelkova serrata "Village Green" (Plant Patent No. 2337)
|
60
|
12 to 14, 2.5" to 3" caliper, B&B
|
|
Species not listed may be approved at the discretion of the
Planning Board.
|
(3)
For purposes of this section, any reference to "large trees"
shall include the following trees, which shall be planted at a maximum
of 50 feet on center and which shall be planted in accordance with
the following: (The reference to "B & B" shall mean balled and
burlapped.)
|
Name
|
Name
|
Approx. Mature Height
(feet)
|
Planting Height and
(feet)
|
|---|---|---|---|
|
Acer rubrum "October glory"
|
October glory Red maple
|
60
|
12 to 14, 2.5" to 3" caliper, B&B
|
|
Cercidiphyllum Japonicum
|
Katsura tree
|
45
|
9 to 10, 2" to 2.5" caliper, B&B
|
|
Acer saccharm "Green Mountain" (Plant Patent No. 21191)
|
Green mountain Sugar maple
|
75
|
12 to 14, 2.5" to 3" caliper, B&B
|
|
Platanus acerifolia
|
London plane tree
|
80
|
12 to 14, 2.5" to 3" caliper, B&B
|
|
Quercus borealis
|
Northern red oak
|
75
|
12 to 14, 2.5" to 3" caliper, B&B
|
|
Quercus palustris "Sovereign" (Plant Patent No. 2662)
|
Sovereign pin oak
|
80
|
12 to 14, 2.5" to 3" caliper, B&B
|
|
Quercus phellos
|
Willow oak
|
75
|
12 to 14, 2.5" to 3" caliper, B&B
|
|
Species not listed may be approved at the discretion of the
Planning Board.
|
(4)
Planting requirements. All trees must be planted at the following
minimum sizes and in the following manner unless otherwise specified:
(b)
Tagged with a durable label indicating the genus, species, variety
and cultural requirements, including watering and fertilization.
(c)
Planted in a tree pit that is 12 inches wider than the root
ball on all sides, and backfilled with a planting soil mix that is
1/3 leaf compost, 1/3 original soil, and 1/3 topsoil by volume.
(d)
With a saucer or ring of packed soil around the finished planting
hole to catch and hold water.
(e)
Mulch (four inches thick) applied around each individual or
group of trees.
(5)
All shade trees to be hereafter planted in accordance with this
chapter shall be nursery grown or of substantially uniform size and
shape and shall have straight trunks. The use of ornamental trees
as street trees is permitted only under overhead wires and with species
with a mature height of 30 feet or less and with lowest branches at
six feet or higher. In the event that other circumstances arise where
the use of an ornamental tree is applicable, a formal request should
be made to the board of jurisdiction for review.
(6)
All trees planted pursuant to this chapter shall be planted
in a dormant state.
(7)
Subsequent replacement plants shall conform to the type of existing
tree in a given area, provided that, if any deviation is anticipated,
it must be done only with the permission of the Toms River Township
Department of Parks, Buildings and Grounds. In a newly planted area,
only one type of tree may be used on a given street, unless otherwise
specified by the Toms River Township Department of Parks, Buildings
and Grounds. Trees shall be planted with a minimum diameter of 1 3/4
inches to two inches measured at six inches from the ground level.
(8)
A hole in which a tree is to be planted shall, in each case,
be 1/3 larger in width and in depth than the existing root ball of
the particular tree to be planted. The hole for a tree to be planted
shall contain proper amounts of topsoil and peat moss, but no chemical
fertilizer shall be added until the tree has been planted for one
year.
(9)
Any curbed island planter must be a minimum width of 7 1/2
feet. The minimum depth of topsoil in such planters must be one foot
for shrubs and two feet for trees.
(10)
All soils must be of a proper physical and chemical property
to support the proposed plant materials.
(11)
All planting beds must specify a minimum of four inches of mulch
shall be used in all nongrassed landscape bed areas.
(12)
All landscaping should be planted as to not interfere with utility
lines, sight triangles, underground utilities or public walkways.
(13)
All planted landscaped areas must be irrigated with an underground
irrigation system.
(14)
Where practicable, all turf areas located in the front yard
area shall be irrigated with an underground irrigation system.
(15)
A minimum of 30% of all planted shrub material must be either
flowering material or ornamental grasses capable of withstanding typical
streetscape areas.
(16)
(18)
In the upland, which is away from rivers, bays and lagoons,
and not adjacent to large bodies of water, plantings shall be one
of the following kinds of trees:
(a)
Sugar maple (Acer saccharum).
(b)
Sassafras (Sassafras albidum): must be single-trunked, nursery
grown and planted only in the spring.
(c)
Callery pear (Pyrus calleryana): any cultivar except Bradford.
(d)
Zelkova (Zelkova serrata).
(e)
Hophornbeam (Ostrya virginiana).
(f)
Silver linden (Tilia tomentosa).
(g)
Littleleaf linden (Tilia cordata).
(h)
London planetree (Platanus acerifolia).
(i)
Hardy rubber tree (Eucommia ulmoides).
(j)
Japanese scholar tree (Sophora japonica).
(k)
Ginko (Ginko biloba).
(19)
In areas adjacent to freshwater rivers and lakes but not located
in a riparian zone and/or riparian easement, plantings shall be one
of the following kinds of trees, except in riparian zones:
(20)
On outer beaches, both oceanfront and bay front but not located
in a riparian zone and/or riparian easement:
(a)
Oak species: red (Quercus rubra), willow (Quercus phellos),
chestnut (Quercus prinus), pin (Quercus palustris) and scarlet (Quercus
coccinea) are subject to special approval by the Planning Board.
(21)
All shade trees shall be planted in accordance with the landscaping
requirements of the Standard Specifications.
E.
Corridor landscape design standards. These standards apply to all
properties fronting on N.J. Route 9, N.J. Route 37 and N.J. Route
70 and located in the Highway Business (HB), Rural Highway Business
(RHB), Industrial (I) and Light Industrical (LI) Zoning Districts.
They shall apply specifically to the area within 50 feet of the highway
right-of-way line. All subdivision and site plan applications involving
such properties shall provide a landscape plan that demonstrates compliance
with these standards. If unique site-specific circumstances such as
wetlands, existing vegetation, or unusual lot configuration preclude
the installation of any of the prescribed landscaping elements, the
applicant shall provide an alternative plan that incorporates as many
elements as is feasible.
(1)
General corridor plan. Diagrams 1 and 2 depict the overall design
concept to be achieved along the corridors.
(2)
Planting details (general). Plant selection should conform to
the following general design principles:
(a)
All landscape plants shall be typical full specimens conforming
to the American Association of Nurserymen Standards (ANA) for quality
and installation.
(b)
Local soil conditions and water availability shall be considered
in the plant selection. All plants shall be tolerant of specific site
conditions. The use of indigenous species may be appropriate.
(c)
Landscaping shall not inhibit access by emergency vehicles or
inhibit visibility within required vehicular sight triangles.
(d)
Irrigation systems are to be provided for all new plantings.
(e)
An appropriate variety of tree species shall be provided to
avoid die-out due to species-specific diseases.
(3)
Street tree details. Street trees shall be provided in accordance
with the following:
(a)
Placement of street trees shall conform to Diagrams 1 and 2.
(b)
The number of street trees shall average one for every 35 linear
feet of property frontage.
(c)
Spacing between trees shall be determined based upon species
selection. In general, trees should be between 30 feet and 50 feet
on center.
(d)
Trees should be a minimum of 3 1/2 inches caliper, based
on ANA standards.
(e)
Trees are to be disease resistant and tolerant of road salts
and air pollution.
(f)
On properties with more than one tree species, species shall
not be alternated one by one; instead a single species shall be grouped
together to create a canopy effect.
(g)
Branching height shall bear a relationship to the size and species
of tree but shall have a minimum clearance height of seven feet above
grade before branching begins.
(h)
Acceptable street tree species shall be chosen from the list of street trees and planted in accordance with Subsection D above.
(i)
Unacceptable trees include:
[1]
Acer platanoides, Norway Maple: roots grow near surface and
can uproot sidewalks.
[2]
Acer saccharinum, Silver Maple: tree has weak branches and is
susceptible to various insects and diseases.
[3]
Plantus occidentalis, American Sycamore: excess litter.
[4]
Liquidambar, Sweetgum: excess litter.
[5]
Pyrus Calleryana "Bradford", Bradford Callery Pear.
|
Diagram 1
 |
(4)
Buffer details. A landscaped buffer shall be provided in the
last 10 feet of the setback area in accordance with the following:
(a)
A shrub mass of deciduous and/or evergreen species shall be
planted within the required buffer area to provide for a visual and
physical screen of a minimum of three feet in height along the entire
frontage to mask the view of parking lots and minimize headlight glare.
Shrubs within the buffer shall primarily include evergreen species,
although deciduous plants may be used provided that their use does
not result in significant visual openings during the winter season.
This landscape mass shall be interspersed with the required ornamental
and shade trees to provide for a natural, random and visually interesting
plant scheme.
(b)
Location, placement and spacing of plant material shall conform
to Diagrams 1 and 2.
(c)
Selection of plants species shall provide for a variety and
mixture of plant types. Varieties shall consider susceptibility to
disease, shapes, seasonal display, textures, flowers, and foliage.
(d)
The plant quantities constituting the buffer shall include:
[1]
Shrubs averaging 25 per 100 linear feet of frontage.
[2]
Ornamental trees averaging two per 100 linear feet of frontage.
[3]
Shade trees averaging two per 100 linear feet of frontage.
[4]
Lawn or groundcover to complete the required ten-foot-wide landscape
buffer outside of the required shrub/tree planted area.
(e)
The planting mass of the mix of shrubs/trees shall be mulched
to a depth of three inches in a continuous bed.
(f)
Required plantings in the buffer area shall meet the minimum
size requirements as follows:
[1]
Shrubs: planted size is to be a minimum of 36 inches in height.
[2]
Ornamental trees: planted size is to be a minimum of 2 1/2
inches caliper measured at one foot above the top of the root ball.
[3]
Evergreen trees: planted size is to be a minimum of five feet
to six feet in height.
[4]
Shade trees: planted size to be a minimum of 3 1/2 inches
caliper measured at one foot above the root ball.
(5)
Flower pocket details. Flower pockets shall be provided in accordance
with the following:
(a)
Location and placement of flower pockets shall conform to Diagrams
1 and 2.
(b)
A minimum of 200 square feet of wildflowers and/or perennials
constitutes one pocket. One pocket shall be provided per 100 linear
feet of frontage with additional pockets provided at driveway crossings.
(c)
Wildflowers, if used, are to be hardy and native regional mixtures.
Mixture selection shall provide for a blend of species in approximate
equal amounts. Mixtures shall include a variety of colors. The selection
of mixtures should consider the existing soil conditions. The specific
blend is subject to the approval of the Board in consultation with
its professionals. Wildflower pockets shall be mowed once a year.
Mowing shall occur in the late fall while the wildflowers are dormant.
(d)
Perennials shall be hardy and include either a mix of colors
or single stands of one color. Perennials shall be approved by the
Board in consultation with its professionals.
(6)
Grass berm details. Grass berms shall be provided in accordance
with the following:
(a)
Berms shall be limited to the areas indicated in Diagrams 1
and 2.
(b)
Berms are to be both vertically and horizontally meandering
to achieve a naturalistic landscape by de-emphasizing the linearity
of the highway corridor. Requirements for berm design are noted in
Diagrams 1 and 2. Berms are not to be continuous for the entire length
of the frontage but shall allow for breaks as indicated in Diagram
1. Berms are not to be terminated abruptly at the ends of the lot
lines but are to transition to existing grade in a naturalistic fashion.
(c)
Berm design shall not adversely affect natural drainage or impair
access to rain or irrigation water by plant materials.
(d)
Berms at driveway openings should conform to Diagram 2.
(7)
Sidewalk details. A continuous sidewalk or multipurpose path
shall be provided in accordance with the following:
(8)
Driveway crossing details. The following elements and standards
apply to all driveway crossings. Driveway crossing treatment is necessary
to warn both pedestrians and motorists of each other's presence. Certain
elements contained herein will provide visual cues to motorists that
pedestrian crossing zones are nearby. The arrangement of the design
elements is depicted in Diagram 2. Additional elements and standards
specific to the driveway crossings are set forth below.
(a)
Painted crosswalks shall be provided in accordance with the
following:
[1]
Location and placement of painted crosswalks shall conform to
Diagram 2.
[2]
Standard Township construction details for such striping shall
be utilized and shall be approved by the Township Engineer. In the
event that the Township has not adopted such standards, then generally
accepted engineering standards, as set forth in engineering and construction
manuals, shall be used as approved by the Township Engineer.
[3]
Painted crosswalks shall be skid-resistant.
(b)
Handicapped ramps shall be provided in accordance with the following:
[1]
Location and placement of handicapped ramps shall conform to
Diagram 2 as applicable.
[2]
All sidewalks and multipurpose paths shall taper down to meet
grade at the intersection with a driveway. Ramps shall be provided
in these areas to allow for full accessibility as per Americans with
Disabilities Act (ADA) guidelines. Standard Township construction
details for such ramps shall be utilized and approved by the Township
Engineer. In the event that the Township has not adopted such standards,
then generally accepted engineering standards, as set forth in engineering
and construction manuals, shall be used as approved by the Township
Engineer.
(c)
A raised median shall be provided if the driveway opening into
the developed property exceeds two lanes and shall conform to the
following:
[1]
Median shall be placed at the center line of all new driveways
extending from the intersection with the corridor right-of-way to
the fifty-foot minimum setback line required for parking and/or interior
drives into new developments.
[2]
Median shall be a four-foot-wide brick paver island edged by
a six-inch vertical granite block curb.
[3]
Brick shall be a four-inch-by-eight-inch rectangular shape and
placed in a herringbone pattern. Brick color shall be a red/charcoal
blend.
[4]
The median shall allow for an opening at the crosswalk locations.
Location and placement of crosswalks shall conform to Diagram 2.
(d)
Bollards shall be provided wherever a sidewalk engages a driveway
in accordance with Diagram 2. Bollards shall conform to the following:
[1]
Lighted bollards shall be located and placed to warn both pedestrians
and motorists of each other's presence at the crosswalks. Lighted
bollards will provide visual cues to motorists.
[2]
Lighted bollards shall be a minimum 36 inches in height with
a 100-watt metal halide or high-pressure sodium lamp. Bollards should
provide a minimum maintained illumination level of 0.5 footcandle
in the crosswalk area.
|
Diagram 2
 |
A.
All development on tidal lagoons, navigable waterways
or other bodies of water, either existing or proposed, shall provide
for bulkheading. All development on nontidal bodies of water, either
existing or proposed, shall provide for bulkheading or other appropriate
permanent bank stabilization, acceptable to the Planning Board. In
no case shall bank slopes, bulkhead, riprap, revetments or other elements
of bank stabilization be located within required minimum yard areas.
B.
Bulkheads may be constructed of treated timber, reinforced
concrete, marine alloy steel or other materials in accordance with
approved details, if adopted, and a detailed design to be submitted
by the developer in each case for approval by the Township Engineer,
and such other approval authorities, including but not limited to
the United States Army Corps of Engineers, as may be necessary. New
or reconstructed lagoons shall have a minimum width of 100 feet and
shall be provided with suitable turning basins.
C.
The Planning Board may consider waiver and/or modification
of this requirement when necessary to preserve wetlands or other natural
features, provided that minimum lot sizes may be maintained and that
all development may be made reasonably secure from erosion.
In zoning districts where bulk storage is a
permitted accessory use, the following minimum requirements shall
apply:
A.
*No bulk storage of materials or equipment shall be
permitted in any required front yard area or within 100 feet of any
public street, whichever is greater.[1]
[Amended 9-25-1991 by Ord. No. 2859-91]
C.
*All bulk storage area shall be screened from public view by means of suitable fencing and/or evergreen plantings as required by the Planning Board. Where the property is adjacent to a residential zone, the screening shall meet the minimum requirements of § 348-8.4 of this chapter.[3]
[Amended 9-25-1991 by Ord. No. 2859-91]
D.
*No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side or rear setbacks, and all setback areas shall be landscaped in accordance with the requirements of § 348-8.4 of this chapter.[4]
[Amended 9-25-1991 by Ord. No. 2859-91]
E.
All service roads, driveways and bulk storage areas
shall be paved with bituminous concrete or other surfacing materials,
as required by the Planning Board, which shall be of sufficient strength
to handle the anticipated use.
A.
Grading plan; grading, excavation and embankment construction.
[Amended 9-23-2008 by Ord. No. 4157-08]
(1)
All grading and clearing of any property proposed for development shall be in accordance with a grading plan approved by a Toms River land use board and in conformance with the tree management plan approved pursuant to § 348-12.1 et seq. of this article. All proposed grading plans shall be designed, to the greatest extent practicable, to reduce the amount of clearing of the natural vegetation existing on the subject property thereby furthering the goals and objectives of the Toms River Township Woodlands Management Ordinance, codified at § 348-12.1 et seq.
(2)
All grading, excavation or embankment construction shall be
in accordance with the approved final plat and shall provide for the
disposal of all stormwater runoff and such groundwater seepage as
may be encountered. All clearing, excavation and embankment construction
shall be in accordance with the applicable requirements of the Standard
Specifications. No excavated material may be removed from the site
except in accordance with an approved final plat nor without the prior
approval of the Township Engineer. Where borrow excavation materials
from off-site sources are required to complete the necessary grading,
such material shall meet the requirements of the Standard Specifications
for Borrow Excavations, Zone 3, and shall be subject to the approval
of the Township Engineer.
B.
Material which the Township Engineer judges unsuitable
for use in roadway embankment may be used for grading outside the
roadway right-of-way or in building areas with the permission of the
Township Engineer and the Construction Official (for building areas).
Any unsuitable material which cannot be satisfactorily utilized on
the site shall be removed from the site and disposed of at places
to be provided by the developer.
C.
All construction layout and grading stakes shall be
set by a licensed land surveyor or professional engineer employed
by the developer or his contractor.
D.
All rough grading must be completed prior to the construction
of roadway sub grade. All sidewalk areas and slope areas must be fully
graded prior to the construction of finished pavements or pavement
base courses.
E.
To preserve the integrity of pavements, embankments
and excavations for streets or roadways shall be provided with slopes
no steeper than one foot vertical rise for every three feet of horizontal
distance.
F.
Such slopes shall be suitably planted with perennial
grasses or other ground cover plantings in accordance with the plans
approved by the Planning Board. In areas where excavations or embankments
would extend significantly beyond road rights-of-way, thereby causing
disruption to the natural environment of the development, the Planning
Board may, upon the application of the developer, consider or may,
upon its own initiative, direct the use of terraces, retaining walls,
crib walls or other means of maintaining roadway slopes. In any event,
the entire roadway right-of-way shall be fully graded, and any retaining
walls, crib walls or terraces shall be located outside of the roadway
right-of-way, and their maintenance shall be the responsibility of
the owner of the property on which they are constructed. The developer
shall make suitable provisions in the instruments transferring title
to any property containing such terraces, retaining walls or crib
walls and shall provide a copy thereof to the Planning Board and the
Township Clerk. All graded areas within or outside of the roadway
right-of-way shall be neatly graded, topsoiled, fertilized and seeded
to establish a stand of perennial grasses.
G.
Top of slopes in excavations and the toe of slopes
in embankment areas shall not extend beyond the right-of-way line
or, where provided, the exterior line of the six-foot-wide shade tree
and utility easement required herein. Sidewalk and easement areas
shall slope at 2% to the top of the curb elevation, and sidewalk construction
shall conform to this slope.
H.
Lot grading. Lots shall be graded to secure proper
drainage and to prevent the collection of stormwater. Said grading
shall be performed in a manner which will minimize the damage to or
destruction of trees growing on the land. Topsoil shall be provided
and/or redistributed on the surface as cover and shall be stabilized
by seeding or planting. Grading plans shall have been submitted with
the preliminary and final plats, and any departure from these plans
must be approved in accordance with the requirements of this chapters
for the modification of improvements. Grading shall be designed to
prevent or minimize drainage to structures or improvements when major
storms exceeding the design basis of the storm drainage system occur.
(1)
Wherever possible, the land shall be graded
so that the stormwater from each lot shall drain directly to the street.
If it is impossible to drain directly to the street, it shall be drained
to a system of interior yard drainage designed in accordance with
the standards for drainage facilities, and suitable drainage easements
shall be provided.
(2)
Unless otherwise required by the Standard Specifications,
all tree stumps, masonry and other obstructions shall be removed to
a depth of two feet below finished grade.
(3)
The minimum slope for lawns shall be 3/4 of
1% and, for smooth hard-finished surfaces, other than roadways, 4/10
of 1%.
(4)
The maximum grade for lawns within five feet
of a building shall be 10% and, for lawns more than five feet from
a building, 25%.
(5)
Retaining walls installed in slope control areas shall be constructed of heavy treated timber or logs, reinforced concrete, other reinforced masonry or of other construction acceptable to the Planning Board Engineer and adequately designed and detailed on the development plans to carry all earth pressures, including any surcharges. The height of retaining walls shall not exceed 1/3 of the horizontal distance from the foundation wall of any building to the face of the retaining wall. Should the Township adopt, subsequently to this chapter, standard details for such construction, the same shall govern. (See § 348-8.20M.)
[Amended 12-9-2003 by Ord. No. 3843-03]
(6)
The developer shall take all necessary precautions
to prevent any siltation of streams during construction. The developer
shall provide adequate provisions in accordance with Chapter 438,
Soil Disturbance, of the Code of the Township of Toms River, as amended
or supplemented, to prevent all deposition of silt or other eroded
material in any stream or watercourse. Such provisions may include
but are not limited to construction and maintenance of siltation basins
or holding ponds and diversion berms throughout the course of construction.
A.
*Location of club or bathhouse. All commercial or
private club swimming pools shall provide a suitable club- or bathhouse
building. The club- or bathhouse, for an outdoor commercial or private
club swimming pool, shall be set back not less than 100 feet from
the front property line and not closer than 50 feet to the side and
rear property lines. However, no club- or bathhouse shall be required
for a hotel or a motel.[1]
[Amended 9-25-1991 by Ord. No. 2859-91]
B.
*Pool location. An outdoor commercial or private club
swimming pool shall be located not less than 25 feet from the side
or rear of the clubhouse, bathhouse, motel or hotel on the building
lot, and not less than 100 feet from the front property line and not
less than 50 feet from the side and rear property lines.[2]
[Amended 9-25-1991 by Ord. No. 2859-91]
C.
Off-street parking.
(1)
Ample parking spaces shall be provided in an
area or areas located not less than 100 feet from the front property
line and no less than 50 feet from the side or rear residential property
lines.
(2)
For a private club with a membership of up to
100 members, not less than 80 car spaces shall be provided. For each
additional 25 members or fraction thereof, not less than 20 additional
car spaces shall be provided.
(3)
For a commercial pool with up to 100 lockers
or clothes baskets, there shall be provided not less than 40 car spaces,
and for each additional 25 lockers or clothes baskets, not less than
10 additional car spaces, and in addition thereto, two car spaces
for each three family lockers.
D.
*Size of pool.[3]
[Amended 9-25-1991 by Ord. No. 2859-91]
(1)
A swimming pool for a private club, limited
to a maximum of 100 members, shall have a minimum size of 1,800 square
feet, and for each additional 25 members or fraction thereof, the
pool shall be enlarged by 450 square feet.
(2)
For a commercial swimming pool limited to a
total of 100 lockers or baskets for bathers' clothing, the minimum
size of the pool shall be 2,000 square feet, and for every additional
25 lockers or baskets or fraction thereof, the pool shall be enlarged
by 500 square feet.
E.
Swimming section. The diving section shall be greater
than 5 1/2 feet in depth; the nondiving section shall be less than
5 1/2 feet in depth. The area reserved around each diving board or
platform provided for diving purposes shall be not less than 300 square
feet.
F.
*Pump location. The pump of a filtration or pumping
system of a commercial swimming pool or private club pool shall be
located not less than 50 feet from any side or rear property line.[4]
[Amended 9-25-1991 by Ord. No. 2859-91]
G.
Lounging and spectator area. In addition to the decks
or walks surrounding the swimming pool, an area shall be provided
for lounging or spectator use.
H.
Club- and bathhouse facilities. The club- or bathhouse
shall be equipped with separate facilities for men and women. These
facilities shall include adequate dressing rooms, lockers, showers
and toilets.
J.
*Pool enclosure. To provide safety and a degree of
privacy, an outdoor swimming pool for private club or commercial use
shall be surrounded entirely by a suitably strong tight fence, capable
of holding a live load of 250 pounds between posts, located not more
than eight feet apart; however, one side or sides of the club- or
bathhouse may serve as a part of the enclosure. The fence shall be
located not less than 15 feet from the closest edge of the pool. The
fence shall be from eight feet to 10 feet high, having no opening
larger than a two-inch square. All supporting structures shall be
on the inside of the fence, and the top of such support shall be at
least one inch lower than the top of the fence.[6]
[Amended 9-25-1991 by Ord. No. 2859-91]
K.
*Gate. Any opening or openings in the fence to afford
entry to the pool shall be equipped with a substantial gate similar
to the fence and shall extend from not less than two inches above
the ground to the height of the fence. The gate shall be of a self-losing
type, opening outwardly only, and shall be equipped with a lock and
key or chain and padlock and shall be kept locked, except when the
pool is in use.[7]
[Amended 9-25-1991 by Ord. No. 2859-91]
L.
Lighting. A complete system of artificial lighting
shall be provided for a swimming pool, including lounging and parking
areas, which is operated by a private club or for commercial use.
Arrangement and design of lights shall be such that all parts of the
pool and its appurtenances shall be clearly visible to attendants.
All lighting fixtures shall be shielded so as to prevent any direct
beam from falling upon any adjoining property. Overhead wires shall
not be carried across the swimming pool and wading pool proper, decks
and lounging areas. Underwater lighting shall be designed, installed
and grounded so as not to create a hazard to bathers.
M.
Noise. No sound amplifying system shall be operated
or other activities permitted at any swimming pool for commercial
or private club use which shall cause undue noise or constitute a
nuisance to the surrounding neighbors. Closing time shall be no later
than 10:30 p.m.
Common open space or public open space areas
proposed to be provided in conjunction with applications for development
for subdivisions or site plans shall be subject to the following requirements:
A.
Cluster (reduced-lot-size) development open space
requirements. Open space areas within cluster (reduced-lot-size) subdivisions
shall be subject to all provisions of this section and the following
specific requirements:
(1)
*A minimum of 20% of the tract of land proposed for development
shall not be included in building lots or streets and shall be set
aside for open space, except that in the RC-3, R-800 and R-400C Zones
a minimum of 50% of the tract proposed for development shall be set
aside for open space. If the subdivision is to be developed in sections,
it shall be designed in a manner that at any stage of development
at least 20% of the land area of the sections approved is set aside
for open space, except that for cluster developments in the RC-3,
R-800 and R-400C Zones the open space shall be contiguous within the
sections and at least 50% of each section shall be set aside as open
space so that at least 50% of the total tract is preserved as open
space upon the completion of all sections of the cluster development.[1]
[Amended 9-25-1991 by Ord. No. 2859-91; 5-8-2018 by Ord. No. 4584-18]
(3)
*Open space areas shall not be less than 50
feet in width at any location, except that where such open space is
to be utilized primarily for walkway access from a public street to
the open space at the rear of building lots, it may have a minimum
width of 20 feet for a length not to exceed 250 feet.[3]
[Amended 9-25-1991 by Ord. No. 2859-91]
(4)
Where possible, all of the following land areas
and features shall be preserved as open space:
(a)
Floodway and flood hazard areas, as defined in Chapter 313, Flood Damage Prevention, 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 and slopes in excess of 10%.
(e)
Existing watercourses, ponds, bogs, swamps and riparian zones.
[Amended 12-12-2017 by Ord. No. 4562-17]
(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" by the Environmental Base Study prepared for the
Toms River Township Planning Board and the Toms River Township Environmental
Commission.
B.
Site preparation. Within open space areas, the Planning
Board may require a developer to make certain site preparation improvements
which may include but are not limited to the following:
[Amended 12-12-2017 by Ord. No. 4562-17]
(1)
Removal of dead or diseased trees, except in riparian zones
where removal of dead or diseased trees may only be removed when they
pose a threat to public safety.
(2)
Thinning of tree or other growth to encourage more desirable
growth, except in riparian zones where such activity is prohibited.
(3)
Removal of trees in areas planned for ponds, lakes, active recreational
facilities or pathways, except in riparian zones where removal of
trees from dams and similar man-made structures designed to impound
water is permitted only.
(4)
Grading and seeding, except in riparian areas where such activity
is prohibited.
C.
Reservation of public areas.
(1)
If the Master Plan or the Official Map provides
for the reservation of designated streets, public drainageways, flood
control basins or public areas within the proposed development, before
approving a subdivision or site plan the Planning Board may further
require that such streets, ways, basins or areas be shown on the plat
in locations and sizes suitable to their intended uses. The Planning
Board may reserve the location and extent of such streets, ways, basins
or areas shown on the plat for a period of one year after the approval
of the final plat or within such further time as may be agreed to
by the developer. Unless during such period or extension thereof the
municipality shall have entered into a contract to purchase or institute
condemnation proceedings according to law for the fee or a lesser
interest in the land comprising such streets, ways, basins or areas,
the developer shall not be bound by such reservations shown on the
plat and may proceed to use such land for private use in accordance
with applicable development regulations. The provisions of this section
shall not apply to streets and roads, flood control basins or public
drainageways necessitated by the subdivision or land development and
required for final approval.
(2)
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use. In such instance, unless a lesser amount has previously
been mutually agreed upon, just compensation shall be deemed to be
the fair market value of an option to purchase the land reserved for
the period of reservation, provided that determination of such fair
market value shall include but shall not be limited to consideration
of the real property tax apportioned to the land reserved and prorated
for the period of reservation. The developer shall be compensated
for the reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, as the case may be, caused by the reservation.
D.
Recreation areas. Where it is considered appropriate
by the Planning Board, portions of proposed open spaces may be designated
for passive and/or active recreational activities. Passive recreational
activities may include but are not limited to pedestrian paths, bicycle
paths, sitting areas and naturally preserved areas. Active recreational
activities may include but are not limited to swimming pools, tennis
courts and ball fields. The location and shape of any land to be designated
for recreational activities shall be approved by the Planning Board
based on but not limited to the following standards:
(1)
The Board shall consider the natural topography
and shall attempt to preserve the same to the greatest extent possible.
(2)
The Board shall attempt to tailor the location
and shape of recreational areas to harmonize with the shape of the
entire development.
(3)
The Board shall consider the recreational areas
in terms of their effect upon the ordinances of the Township of Toms
River governing tree removal, soil disturbance and other environmental
factors.
(4)
The Board shall consider the extent to which
specific recreational areas shall be used for passive or active recreational
purposes.
(5)
The Board shall request and consider recommendations
from the Township Recreation Department and other appropriate officials.
(6)
The Board shall consider the extent to which
the residents of the development shall be served by other existing
or future recreational facilities or lands within or in the vicinity
of the development.
(7)
The Board shall consider the sequence of development.
(8)
The Board shall consider the effect which the
location and shape of recreational areas in the development will have
upon the application of sound planning principles as well as the general
welfare, health and safety of the residents of the development.
E.
Open space ownership.
(1)
The type of ownership of land dedicated for
open space purposes shall be selected by the owner, developer or subdivider
subject to the approval of the Planning Board and may include but
is not necessarily limited to the following:
(a)
The Township of Toms River, subject to acceptance
by the Township Committee.
(b)
Other public jurisdictions or agencies, subject
to their acceptance.
(c)
Quasi-public organizations, subject to their
acceptance.
(d)
Homeowners' or condominium associations or organizations.
(e)
Shared, undivided interest by all property owners
in the subdivision.
(2)
Any lands dedicated for open space purposes
shall contain appropriate covenants and deed restrictions approved
by the Planning Board, which ensure that:
F.
Maintenance of common open space.
(1)
The Township or other governmental agency may,
at any time and from time to time, accept the dedication of land or
any interest therein for public use and maintenance, but the Planning
Board shall not require, as a condition of approval, that land proposed
to be set aside for common open space be dedicated or made available
to public use.
(2)
The developer shall provide for an organization
for the ownership and maintenance of any open space for the benefit
of owners or residents of the development, if said open space is not
dedicated to the Township or other governmental agency. Such organization
shall not be dissolved and shall not dispose of any open space, by
sale or otherwise, except to an organization conceived and established
to own and maintain the open space for the benefit of such development,
and thereafter such organization shall not be dissolved or dispose
of any of its open space without first offering to dedicate the same
to the Township.
(3)
In the event that such organization shall fail
to maintain the open space in reasonable order and condition, the
Administrative Officer may serve written notice upon such organization
or upon the owners of the development setting forth the manner in
which the organization has failed to maintain the open space in reasonable
condition, and said notice shall include a demand that such deficiencies
of maintenance be cured within 35 days thereof, shall state the date
and place of a hearing thereon which shall be held within 15 days
of the notice. At such hearing, the Administrative Officer may modify
the terms of the original notice as to deficiencies and may give a
reasonable extension of time not to exceed 65 days within which they
shall be cured. If the deficiencies set forth in the original notice
or in the modification thereof shall not be cured within said 35 days
or any permitted extension thereof, the Township, in order to preserve
the open space and maintain the same for a period of one year, may
enter upon and maintain such land. Said entry and maintenance shall
not vest in the public any rights to use the open space except when
the same is voluntarily dedicated to the public by the owners. Before
the expiration of said year, the Administrative Officer shall, upon
his initiative or upon the request of the organization theretofore
responsible for the maintenance of the open space, call a public hearing
upon 15 days' written notice to such organization and to the owners
of the development, to be held by the Administrative Officer, at which
hearing such organization and the owners of the development shall
show cause why such maintenance by the Township shall not, at the
election of the Township, continue for a succeeding year. If the Administrative
Officer shall determine that such organization is ready and able to
maintain said open space in reasonable condition, the Township shall
cease to maintain said open space at the end of said year. If the
Administrative Officer shall determine that such organization is not
ready and able to maintain said open space in a reasonable condition,
the Township may, in its discretion, continue to maintain said open
space during the next succeeding year, subject to a similar hearing
and determination in each year thereafter. The decision of the Administrative
Officer in any such case shall constitute a final administrative decision
subject to judicial review.
(4)
The cost of such maintenance by the Township
shall be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space in accordance with
assessed value at the time of imposition of the lien and shall become
a lien and tax on said properties and shall be added to and be a part
of the taxes to be levied and assessed thereon and shall be enforced
and collected with interest by the same officers and in the same manner
as other taxes.
A.
All concrete used in any subdivision or site improvement
shall be prepared in accordance with the requirements of the Standard
Specifications for the various classes of concrete used, except that
the twenty-eight-day compressive strength of the concrete used shall
not be less than the following:
|
Type of Concrete
|
Strength
(pounds per square inch)
| |
|---|---|---|
|
Class A
|
4,500
| |
|
Class B
|
3,500
| |
|
Class C
|
3,000
| |
|
Class D
|
2,500
|
B.
Unless specific written permission is obtained from
the Township Engineer to the contrary, only concrete obtained from
dry-batched redi-mixed trucks shall be allowed.
[Amended 12-26-2017 by Ord. No. 4569-17]
A.
General requirements. Curb shall be constructed along both sides
of every street within a development. Any existing pavements damaged
by curb construction shall be repaired to the standards herein and/or
as shown on the approved subdivision or site plan. Where one side
of the development boundary is along an existing street, the curb
shall be constructed only on the development side. Curbs shall be
constructed of Class B concrete, air-entrained, in accordance with
the requirements of the Standard Specifications. Preformed bituminous
cellular-type joint filler, 1/2 inch thick, cut to match the cross
section of the curb, shall be used at all expansion joints at intervals
not greater than 20 feet. Intermediate plate joints shall be provided
at intervals not exceeding 10 feet. At places where a concrete curb
abuts portland cement concrete pavement, joints in the curb shall
be placed to match the paving joints, and intermediate joints shall
be placed so as to create equal curb panels not longer than 20 feet.
When concrete curb and gutter is required, the gutter shall be eight
inches thick and shall be constructed of Class B air-entrained concrete.
Joints in the gutter shall be formed simultaneously with joints in
the curb. Curb cross sections shall be as shown on the figures listed
below. The requirements of the Standard Specifications regarding curing
precautions must be strictly observed.
 |
 |
 |
 |
 |
 |
B.
(Reserved)
C.
Timing of curb construction. In areas with bituminous concrete pavement,
required curb shall be constructed prior to the construction of the
bituminous base courses. Any required repairs to curbs which are not
suitable for acceptance shall be made prior to construction of the
final pavement wearing course. In those areas having portland cement
concrete pavement, the curb shall be constructed after the construction
and curing of the portland cement concrete pavement.
D.
Alternate curb types. In certain instances it may be necessary or
desirable to construct alternate curb types. For example, these may
be required by the approving authority on the perimeter of channelizing
islands or in the areas of unusually heavy gutter drainage flow, or
may be desired by the developer for decorative purposes or to preserve
vegetation (e.g., granite block curb, rolled concrete curb, etc.).
If alternate curb types are to be permitted, an appropriate construction
detail shall be submitted for approval with the preliminary and final
plats. Continuous slip-formed curb or combination curb and gutter
may be permitted if such is considered to be acceptable by the Township
Engineer. The use of continuous slip-formed curb or combination curb
and gutter may only be permitted if the applicant submits for review
and approval details and specifications concerning equipment, materials
and methods proposed for use and if the Township Engineer has inspected
the installation and tested and approved a suitable sample section
of curb or combination curb and gutter. In the event that the Township
Engineer does not approve the sample section of curb or combination
curb and gutter, the developer shall remove the sample section and
replace it with a type of curb or curb and gutter permitted by this
chapter or such other alternate as may be approved by the approving
authority.
[Added 10-14-2014 by Ord. No. 4459-14; amended 12-26-2017 by Ord. No. 4569-17; 5-8-2018 by Ord. No. 4584-18]
A.
All single-family and two-family dwellings shall be served by a driveway, either paved or unpaved, for purposes of providing parking required under § 348-8.20O(15). Except as otherwise provided in § 348-8.20I(6) for residential zones on the barrier island, all driveways shall be a minimum of 10 feet and a maximum of 26 feet wide within the Township right-of-way. Turnarounds provided on lots that front on collector streets or higher, as classified in the Master Plan, shall not count toward maximum driveway width.
[Amended 9-24-2019 by Ord. No. 4646-19]
B.
Paved driveways must have a center-line grade of not less than 0.5%
and not greater than 10%.
C.
Unpaved driveways shall be clearly defined with gravel or equivalent stabilized material approved by the Township Engineer as necessary to provide access to a garage or to provide required parking on the property, and shall only be permitted with one- or two-family dwellings. No parking shall be permitted on unstabilized surfaces such as turf. Driveway aprons may be required by the Township Engineer pursuant to § 348-8.20I(6).
D.
Driveways serving one-or two-family dwellings shall be no closer than five feet to a side or rear lot line, except that lots less than 4,000 square feet in lot area or 40 feet or less in lot width and properties located in the PRC Zone shall have driveways no closer than two feet to a side or rear lot line. See the related provisions of § 348-8.20I(6).
[Amended 5-24-2023 by Ord. No. 4783-23]
E.
In order for a driveway to be counted as an off-street parking area,
each space so designated must be at least nine feet by 18 feet, and
must be located entirely on the lot itself.
A.
Drainage easements.
(1)
If the property on which a proposed development
is to be located is or is proposed to be traversed by a drainage facility
of any kind, including a pipe, channel, stream or swale, the Planning
Board may require that a stormwater and drainage easement or right-of-way
along said facility be provided by the developer. If existing land
drainage structures, such as french drains, are encountered during
the course of construction of any development, such drainage structures
shall either be removed entirely or a revised final plat showing the
location of such drainage structures and accompanied with detailed
cross sections thereof shall be filed with the Planning Board Engineer
for consideration by the Planning Board. The Planning Board, after
consulting its Engineer and other appropriate agencies, shall either
require a drainage easement, require that the structure be removed
in part or in its entirety or recommend such other action to the governing
body as it deems appropriate.
(2)
All easements shall be shown on the final plat
with a notation as to the purpose and restrictions of the easement.
Easement lines on the final plat shall be shown with accurate dimensions
and bearings unless the easement lines are parallel or concentric
with lot lines.
(3)
The land which is the subject of an easement
or right-of-way shall, in the case of storm drains or constructed
channels, be of a suitable width meeting the requirements for design
of drainage facilities or be a strip which conforms substantially
to the floodplain of any watercourse along both sides of the watercourse
to a width of 50 feet in each direction from the center line of the
watercourse, whichever is the greater; except, however, that if the
location of such watercourse is at or near the boundary of the subdivision,
the dimensions of the easement and right-of-way shall be modified
to retain it within the confines of the development. Said easement
and right-of-way shall include provisions assuring the following:
(a)
Preservation of the channel of the watercourse.
(b)
Except in the course of an authorized drainage
improvement, prohibition of alteration of the contour, topography
or composition of the land within the easement and right-of-way.
(c)
Prohibition of construction within the boundaries
of the easement and right-of-way which will obstruct or interfere
with the natural flow of the watercourse.
(d)
Reservation of a public right-of-entry for the
purpose of maintaining the storm drain, drainage channel or the natural
flow of drainage through the watercourse, of maintaining any and all
structures related to the exercise of the easement and right-of-way
and of installing and maintaining a storm or sanitary sewer system
or other public utility.
B.
Conservation easement.
[Amended 10-14-2014 by Ord. No. 4459-14
(1)
Conservation easements may be required along all drainage and
stormwater rights-of-way in the development and may be required in
forested or buffer areas, and also along ponds, marshes, bogs and
streams or other watercourses along which drainage rights-of-way are
not required. Such easements are intended to help protect existing
stands of trees, preserve open space in areas designated for that
purpose as part of a cluster development, prevent the siltation of
streams and other courses and the erosion of stream banks, other watercourses
and adjacent lands. The land subjected to a conservation easement
shall be a strip at least 25 feet in width independently located or
running adjacent to each side of any required open space, forested
area, or drainage or stormwater right-of-way. Such conservation easement
shall contain provisions to restrict the removal of trees and ground
cover except for the following purposes: removal of dead or diseased
trees; thinning of trees and other growth to encourage the more desirable
growth; removal of trees to allow for structures designed to impound
water; and removal of trees in areas to be flooded for the creation
of ponds or lakes. The easements shall also prohibit filling or grading
of the lands or the disposal of refuse or waste material of any type
within the limits of the easement. Fences, swimming pools, sheds,
patios, outdoor cooking facilities, and other improvements are strictly
prohibited in all conservation areas.
(2)
The easement shall be indicated on the plat and shall be marked
on the land by iron stakes or approved equal wherever the lines of
such easement change direction or intersect lot lines.
C.
Sight triangle easements. In addition to right-of-way
widths required for the full design of all streets and the wider intersections
as specified, sight triangle easements may be required on all corners
at all street intersections. Such easements shall include provisions
to restrict the planting of trees or other plantings or the location
of structures exceeding 30 inches in height that would obstruct the
clear sight across the area of the easements and a reservation to
the public of a right-of-entry for the purpose of removing any object,
natural or otherwise, that obstructs the clear sight. Such easements
shall include the area on each street corner that is bounded by the
right-of-way line and a straight line connecting points on the right-of-way
lines, which points are the following distances from the intersection
of the right-of-way lines, or of their prolongations:
(1)
Where a local, local collector or minor collector
street intersects another local, local collector or minor collector:
50 feet on each right-of-way line.
(2)
Where a local, local collector or minor collector
street intersects a major collector street: 50 feet on the local,
local collector or minor collector and 150 feet on the major collector.
(3)
Where a local, local collector, minor collector
or major collector street intersects a minor arterial or principal
arterial highway: 50 feet on the local street, local collector or
minor collector, 150 feet on the major collector and 250 feet on the
minor arterial or principal arterial highway.
(4)
Where a minor arterial or principal arterial
highway intersects a minor arterial or principal arterial highway:
250 feet on each right-of-way line.
(5)
Where intersections occur on highways or roadways
under the jurisdiction of the State of New Jersey or County of Ocean,
the sight triangle easements required by the state or the County of
Ocean may be substituted in lieu of the requirements above.
D.
Shade tree and utility easement.
(1)
There shall be provided, where possible and
practical, a shade tree and utility easement with a minimum width
of six feet in the following locations:
(2)
Such shade tree and utility easements will be
utilized for the construction and maintenance of drainage, utilities,
landscaping and shade trees and for such other municipal or public
utility purposes as required. Such easements shall be considered part
of the lots they traverse for the purpose of determining lot depths,
setbacks, frontages and areas.
(3)
In cases where a proposed development provides
for the extension of an existing street or abuts an existing street,
where shade trees and utilities have already been installed in a location
other than as specified above, the Planning Board may approve alternate
shade tree and utility easement locations in order to provide for
the continuation of existing construction.
E.
Riparian easement.
[Added 12-12-2017 by Ord.
No. 4562-17]
(1)
Riparian easements may be required within any riparian zone,
as defined herein and in N.J.A.C. 7:13-4.1, as amended. Such riparian
easements shall contain provisions to restrict the removal of trees
and ground cover except for the following purposes:
(a)
Removal of dead or diseased trees that pose a threat to public
safety as determined by a licensed tree expert or certified arborist
or as determined by the Township Forester;
(b)
Removal of trees from dams and similar man-made structures designed
to impound water, subject to the approval of the Township Engineer.
(2)
The filling or grading of lands within a riparian easement,
as well as the disposal of refuse or waste material of any type and
the erection of fences, swimming pools, shed, patios, outdoor cooking
facilities and other improvements are strictly prohibited within the
limits of a riparian easement.
[Amended 7-10-1979 by Ord. No. 1860; 2-9-1982 by Ord. No. 2068; 4-11-1990 by Ord. No. 2729-90; 9-25-1991 by Ord. No. 2859-91; 5-13-1992 by Ord. No. 2911-92; 3-10-2015 by Ord. No. 4476-15]
A.
Fences hereafter erected, altered or reconstructed in any zone in
the Township of Toms River shall be 66% open fences not to exceed
48 inches in height above the lowest existing ground level as measured
to the highest point of the fence when located in a required front
yard or within the required principal building setback from any body
of water or fences not exceeding six feet in height above ground level
when located in any nonwaterfront side or rear yard area, except as
follows:
[Amended 10-23-2018 by Ord. No. 4607-18; 12-23-2019 by Ord. No. 4652-19]
(1)
In any business or industrial zone, 66% or greater open wire
fences not exceeding eight feet in height may be erected in the rear
or side yard areas and behind the required front yard setback from
any street. Solid fences up to eight feet in height may be erected
along property lines that separate business or industrial zones from
residential zones, except for those locations that lie within the
required front yard setback from any street.
(2)
On park, recreation or school properties, 66% or greater open
wire fences not exceeding eight feet may be erected, except that fences
enclosing outdoor tennis courts, baseball backstops and other fences
normally provided with recreation facilities may be 66% open wire
fences not exceeding 12 feet in height.
(3)
Fences specifically required by other provisions of this chapter
and other municipal and state regulations.
(4)
On any residential parcel having an area of less than 2,000
square feet and on any lot line contiguous to a parcel having an area
of less than 2,000 square feet, only 50% or greater open fences not
exceeding 36 inches in height above ground level may be erected in
any front, side or rear yard areas.
(5)
On single-family residential parcels containing recreational
facilities installed for the benefit of the residents, 66% open wire
fences not exceeding 10 feet in height with a fabric-type windscreen
not exceeding six feet in height above ground level may be erected
behind the building setback line not less than 20 feet from any side
property line and not less than 30 feet from any rear property line.
Except for a front yard or within the principal building setback from
any body of water, a solid privacy fence not exceeding eight feet
in height and constructed of finished wood, aluminum or vinyl may
be erected around or adjacent to a private swimming pool not closer
than six feet from the pool water and shall not be located nearer
a side or rear property line than the minimum accessory building setback
of the zoning district unless it conforms with the height requirements
of this chapter. No such privacy fence, enclosure or screen shall
consist of tarps, canvas or other coverings.
(6)
Open fences that do not exceed 36 inches in height and are at least 50% open are permitted throughout the Township provided they do not interfere with sight triangles at intersections. See related provisions of § 348-5.7.
(7)
Fences atop of walls shall be limited to six feet in height
(fence plus wall) within the principal building setback. If additional
fill is needed or desired, additional parallel walls and fencing shall
be used with the minimum of 30 inches of separation. Fences and/or
walls more than 30 inches apart shall be considered separate structures
and their heights shall be measured independently. The Township Engineer
may require that the area in between such fences be provided with
permanent landscaping and irrigation. A combination of staggered walls
and fences within the principal building setback shall not exceed
10 feet in total height otherwise a design waiver is required.
 |
B.
All fences must be erected within property lines, and no fence shall
be erected so as to encroach upon a public right-of-way, or upon easements
dedicated for drainage, conservation, shade trees, riparian zones
or utilities. With the exception of riparian easements, fences for
residential properties that are erected in the right-of-way or easements
are permitted if the developer or homeowner can provide evidence of
a deed restriction for the property that compels the homeowner to
remove this fence at their cost in the event access is required that
impacts the fence in the easement.
[Amended 12-12-2017 by Ord. No. 4562-17]
C.
*The following fences and fencing construction materials are specifically
prohibited in all zones in the Township of Toms River: barbed wire,
canvas, cloth, electrically charged, expandable and collapsible fences.[1]
[Amended 6-11-1985 by Ord. No. 2329-85; 8-12-1986 by Ord. No. 2429-86; 12-26-2017 by Ord. No. 4569-17]
A.
Proximity of residential structures to hydrants. No construction
permit shall be issued for any residential structure located in an
area served by a public or private water company unless the distance
from the midpoint of the frontage of such premises to a fire hydrant
as measured down the center line of connecting public streets is no
more than 250 feet. All hydrants, both existing and proposed, are
to be shown on subdivision plats. All temporary roads shall be accessible
to fire apparatus by way of an approved temporary driving surface
capable of supporting the imposed load of fire apparatus weighing
at least 75,000 pounds. Existing fire hydrants on public streets are
allowed to be considered as available. Existing fire hydrants on adjacent
properties shall not be considered available unless fire apparatus
access roads extend between properties and easements are established
to prevent obstruction of such roads.
B.
Major subdivision. No preliminary subdivision plat shall be approved
by the approving authority unless fire hydrants are indicated on the
preliminary plat in accordance with the requirement herein contained
as to location of and distances between fire hydrants. Prior to issuance
of a certificate of occupancy, such hydrant shall be full functioning
and shall have been tested and approved by the Toms River Township
Bureau of Fire Prevention.
C.
Hydrants in cul-de-sac turnarounds. No fire hydrant shall be placed
at the closed end of a turnaround of a cul-de-sac unless the distance
between the open end and the closed end is greater than 400 feet,
in which event, the fire hydrants shall be placed at both the open
end and the closed end of the cul-de-sac. Where a waterline dead ends
at a hydrant, such waterline shall be no less than eight inches in
diameter. Hydrants shall be set plumb with nozzles 18 inches above
the ground or, where they are to be placed in hose houses, 18 inches
above the floor. Where a fire hydrant is located on a fire apparatus
access road, the minimum road width shall be 26 feet. Prior to any
certificate of occupancy, facilities, buildings or portions of buildings
hereafter constructed shall be accessible to fire department apparatus
by way of an approved fire apparatus access road with an asphalt,
concrete or other approved driving surface capable of supporting the
imposed load of fire apparatus weighing at least 75,000 pounds. Dead-end
fire apparatus access roads in excess of 150 feet in length shall
be provided with a minimum width of 26 feet and turnaround provisions
in accordance with the following: 150 feet to 750 feet in length:
ninety-five-foot cul-de-sac or one-hundred-twenty-foot hammerhead
or other configuration acceptable to the Toms River Bureau of Fire
Prevention. The minimum turning radius for all buildings and structures
shall be determined by the fire official.
D.
Installation in subdivision required prior to issuance of certificate
of occupancy. The installation of fire hydrants with respect to any
subdivision shall not be considered a subdivision improvement to be
included in the bonding requirements of this chapter, but rather the
proper installation of fire hydrants shall be a condition of the issuance
of certificates of occupancy.
E.
Fire flow requirements for residential structures. The procedure
for determining fire flow requirements for buildings or portions of
buildings hereafter constructed shall be in accordance with the latest
edition of the New Jersey adoption of the International Fire Code
and its Appendix B and any subsequent appendices.
F.
All fire hydrants shall be painted in accordance with the following
schedule:
(1)
All public hydrants, i.e., those to be maintained by a public
water company or authority, shall be painted in a color combination
of yellow tops and nozzle caps and silver barrels.
(2)
All private hydrants, i.e., hydrants other than public hydrants,
shall be entirely painted in yellow.
(3)
Each public hydrant shall be marked or identified by numbers
no less than three inches high and placed above the steamer connection
and below the bonnet, where feasible, indicating the size main, in
inches, to which the hydrant is connected. Such markings or identification
shall be painted on each hydrant and shall face the street or, in
the absence of a public street, the direction from which it would
be reasonably expected fire apparatus would respond. Notwithstanding
the foregoing, the size and color of such markings or identification
shall be readily visible to a person with 20/20 vision from a distance
of 75 feet in clear weather in daylight.
(4)
The Bureau of Fire Prevention shall inspect such hydrants to
ensure compliance herewith.
(5)
The owners of existing public hydrants shall comply with this
section by December 31, 1985, provided that the hydrants owned by
public water companies or authorities operating within Toms River
Township shall conform to this section by June 30, 1985.
G.
(Reserved)
H.
All fire hydrants installed in the municipality shall have no less
than two two-and-one-half-inch hose connection nozzles and one four-and-one-half-inch
pumper nozzle. All threads are to be National Standard fire hose threads.
I.
Hydrants shall be set plumb with nozzles 18 inches above the ground
or, where they are to be placed in hose houses, 18 inches above the
floor.
J.
Fire stations. The location of fire stations and fire lanes shall
be designated by the Bureau of Fire Prevention. Fire hydrants of a
type designated by the Bureau of Fire Prevention shall be located
at each fire station. At waterfront fire stations, a fire hydrant
and suction line shall be installed in accordance with the approved
details and a detailed design to be submitted to and approved by the
Township Engineer in each case.
Guardrails, pipe railing or other appropriate
barricades, as required by the Planning Board, shall be designed and
placed at drainage structures, streams, embankment limits, curves
and other required locations. Guardrails shall be standard steel-beam
type with galvanized steel posts in accordance with the Standard Construction
Details. Alternate designs of guardrails and barricades may be used
and shall be submitted for approval as part of the final plat submission.
A.
Lot size. Minimum lot size and dimensions shall be
governed by the requirements of the respective zoning districts as
set forth in this chapter, except that:
(1)
When either on-site sewage disposal or water
supply, or both, are proposed, the minimum lot size shall not be less
than 30,000 square feet. However, the Board of Health may require
a larger lot size if it deems that such increased lot size is necessary
for such purposes. The Planning Board shall abide by the decisions
of the Board of Health in this matter.
(2)
The Planning Board may require larger lots where
additional area will partially or completely eliminate the necessity
of changes in grade which in the opinion of the Board would cause
unreasonable destruction of the topography or environment or would
create drainage or erosion problems.
(3)
The Planning Board may require larger lots adjacent
to major collector, minor arterial or principal arterial streets where,
in the opinion of the Board, the larger lots would promote the health,
safety and general welfare of the public and the residents of the
development.
B.
Lot and block numbers.
(1)
In accordance with the Tax Map specifications
of the State of New Jersey dated May 1975, prepared by the State of
New Jersey Department of the Treasury, as amended, subdivided lots
and blocks shall generally bear the original numbers with a number
added as a subscript. The use of letter designations should particularly
be avoided.
(2)
Prior to final plat approval by the Planning
Board, two copies of the map shall be submitted to the Township Engineer
for proper assignment of lot and block numbers. One copy of said map
shall be returned with the new lot and block numbers shown. The other
copy will be retained for Tax Map purposes.
C.
House numbers.[1]
(1)
House numbers shall be assigned each lot by
the Township Engineer prior to final plat approval by the Planning
Board.
(2)
The subdivider, upon completion of curbs and
streets, shall place the street number of each lot in the subdivision
on the curb or other conspicuous place approved by the Township Engineer
in size and color designed to make said street numbers readily and
distinctly discernible from the street. Unless otherwise permitted
by the Engineer, such numbers shall be block style, four inches in
height, 3/4 inch shape width, painted in white fluorescent paint on
a black background extending at least one inch beyond the number on
all sides.
D.
Area and side lot lines. Except as otherwise provided
in this chapter, lot dimensions and area shall not be less than the
requirements of the zoning district. Insofar as is practical, side
lot lines shall be at right angles to straight streets and radial
to curved streets.
E.
Lot frontage. Each lot shall front on an approved
street accepted or to be accepted by the Township.
F.
Lot line on widened street. Where extra width is to
be provided for the widening of existing streets, lot measurements
shall begin at the proposed right-of-way line, and all setbacks shall
be measured from such lines unless otherwise provided by this chapter.
G.
Unsuitable lots. All lots shall be suitable for the
purpose for which they are intended to be used. To prevent the use
of lots which are not suitable because of adverse topography, rock
formation, flood conditions or similar circumstances, the Planning
Board may require such revisions in a layout of the subdivision as
will accomplish one of the following:
(1)
That the area of the unsuitable lot is included
in other lots by increasing the size of the remaining lots.
(2)
That it is included in an area to be deeded
to the Township or other public or quasi-public body and will be held
in its natural state for conservation and/or recreation purposes.
(3)
That some other suitable arrangement is made.[2]
[2]
Editor's Note: Former Subsection H, Driveways, which immediately followed this subsection, was repealed 10-14-2014 by Ord. No. 4459-14. See now § 348-8.11.1, Driveways.
[Amended 2-9-1982 by Ord. No. 2068]
Monuments shall be of a size and shape required
by Section 4, Chapter 358 of the Laws of 1953,[1] and shall be placed in accordance with said statute.
In addition to regulations applicable within
zones where multifamily dwellings are a permitted use or are a conditional
use, the following regulations shall apply to all multifamily dwellings:
A.
*Setback from public streets. All buildings, parking
areas and other aboveground improvements, with the exception of access
drives or access roadways, landscaping and screening areas, shall
be set back a minimum of 25 feet from the right-of-way of all public
streets unless the required front yard setback for the zone is greater,
in which case the zone regulations shall take precedence.[1]
[Amended 9-25-1991 by Ord. No. 2859-91]
B.
*Setback from other property lines. All buildings,
parking areas and other aboveground improvements, including access
drives, with the exception of landscaping and screening areas, shall
be set back a minimum of 20 feet from all side and rear lot lines,
unless the required side or rear yard setbacks for the zone are greater,
in which case the zone regulations shall take precedence.[2]
[Amended 9-25-1991 by Ord. No. 2859-91]
C.
D.
*Courtyards. Courtyards bounded on three or more sides
by wings of the same building or by the walls of separate buildings
shall have a minimum court width of three feet for each one foot in
height of the tallest building or building wing.[4]
[Amended 9-25-1991 by Ord. No. 2859-91]
F.
*Garages and/or carports, when not attached to a principal
building, shall be located no closer than 40 feet to a facing wall
of a principal building containing windows, nor closer than 20 feet
to a facing wall of a principal building which does not contain windows.[6]
[Amended 9-25-1991 by Ord. No. 2859-91]
G.
*Distance between principal buildings and internal
drives. No multifamily dwellings shall be located closer than 35 feet
to any access drive or internal roadway.[7]
[Amended 9-25-1991 by Ord. No. 2859-91]
H.
*Distance between principal buildings and parking
areas. No principal building shall be located closer than 20 feet
to any parking area, except for access aisles or driveways to garages
and/or carports which are attached to principal buildings.[8]
[Amended 9-25-1991 by Ord. No. 2859-91]
I.
Garage and/or carport parking spaces shall not be
counted toward meeting off-street parking requirements, unless the
garage or carport space has a driveway in front of it which is a minimum
of 20 feet in depth and which driveway is adjacent and accessible
from an access aisle or internal roadway.
J.
Refuse storage. There shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located and arranged for access and ease of collection and shall not be part of, restrict or occupy any parking aisle and shall not be located further than 300 feet from the entrance to any unit which it is intended to serve and shall be screened in accordance with the requirements of § 348-8.27 of this chapter.
K.
Outdoor lighting. Interior development roads, parking
areas, dwelling entranceways and pedestrian walks shall be provided
with sufficient illumination to minimize hazards to pedestrians and
motor vehicles utilizing the same, but in no case shall such lighting
be less than is required to provide a minimum lighting level of 0.5
horizontal footcandle throughout such areas from dawn to dusk. Where
necessary, lights shall be shielded to avoid glare disturbing to occupants
of the buildings. Lighting shall be so arranged as to reflect away
from all adjoining residential buildings.
L.
Recreation. Passive recreation areas, such as pathways, natural woods and fields, seating areas and lawns, shall be provided, suitably arranged, throughout any multifamily site. In addition, an active recreation area or areas shall be provided at the rate of at least 250 square feet per dwelling unit. Outdoor play equipment shall be installed in each recreation area in sufficient amount and variety to service the occupants of the project. If a swimming pool area or areas are to be installed, they are to include a pool of a size at least equivalent to 15 square feet per unit, except that no pool less than 500 square feet will be allowed, and no pool greater than 2,000 square feet shall be required. An auxiliary building or buildings providing for lavatories and storage shall also be erected in conjunction with pools. Swimming pools shall be subject to the provisions of § 348-8.8 of this chapter.
[Amended 2-26-2019 by Ord. No. 4622-19]
N.
Concrete walkways, at least four feet wide or of such
other dimension and composition as may be approved by the Planning
Board, shall be provided where normal pedestrian traffic is likely
to occur.
O.
Internal roadways shall be constructed in accordance
with the standards for public streets in this chapter.
R.
All rooms, exclusive of living rooms, dining rooms,
kitchens and bathrooms, which contain 70 square feet or more of floor
area, shall be considered bedrooms. If a dining room is not directly
accessible from and adjacent to both the kitchen and living room,
it shall also be considered a bedroom.
A.
For every building, structure or part thereof having
over 10,000 square feet of gross floor area erected and occupied for
any use other than residential, there shall be provided at least one
truck standing, loading and unloading space on the premises, not less
than 12 feet in width, 35 feet in length and with a minimum vertical
clearance of 14 feet. Buildings that contain in excess of 15,000 square
feet of gross floor area shall be required to provide additional off-street
loading spaces as determined by the Planning Board during site plan
review.
B.
Access to truck standing, loading and unloading areas
may be provided directly from a public street or alley or from any
right-of-way that will not interfere with public convenience and will
permit orderly and safe movement of truck vehicles.
C.
Unless otherwise permitted, fire zones designated
by the Toms River Township Bureau of Fire Prevention shall not be
used as standing, loading or unloading areas.
D.
Loading areas, as required under this section, shall
be provided in addition to off-street parking spaces and shall not
be considered as supplying off-street parking spaces.
[Amended 2-9-1982 by Ord. No. 2068; 6-11-1985 by Ord. No.
2329-85; 4-11-1990 by Ord. No. 2729-90; 8-14-1992 by Ord. No.
2848-91]
In all zones and in connection with every industrial,
commercial, institutional, professional, recreational, residential
or other use, except licensed child-care centers located in nonresidential
zones, there shall be provided off-street parking spaces in accordance
with the following requirements and parking lot standards except as
otherwise provided herein:
A.
Type of parking permitted. Each dead storage bay of an off-street
parking space may be perpendicular with the aisle, parallel with the
aisle or at any angle between 60° and 90°. No angle parking
layout shall be permitted with the angle less than 60°. Except
on a lot improved with a one-family or two-family dwelling, the stacking
of parking spaces (vertically or horizontally) is prohibited.
[Amended 12-9-2003 by Ord. No. 3843-03; 7-24-2012 by Ord. No. 4365-12; 12-26-2017 by Ord. No. 4569-17]
B.
Stall size.
(1)
Automobiles. Each perpendicular or angle off-street
parking space shall occupy a rectangular area of not less than nine
feet in width and 18 feet in depth exclusive of access drives and
aisles, except that parking spaces for the physically handicapped
shall be 12 feet wide. Parallel parking spaces shall occupy a rectangular
area 10 feet by 23 feet.
(2)
Other vehicles.
(a)
Uses that own, rent or service motor vehicles
larger than automobiles which must be parked and/or stored on the
site shall indicate, in the statement of operations submitted with
the site plan, the size of such vehicles and the anticipated largest
number of such vehicles to be stored and/or parked on the site at
any single time, and the site plan shall show a sufficient number
of parking and/or storage stalls at an adequate size for the largest
number of such vehicles to be parked and/or stored on the site at
any one time. Aisles providing for access to such parking and/or storage
stalls shall be of adequate width for the vehicles to be served.
(b)
Failure of an applicant to indicate, where applicable,
in the statement of operations that vehicles larger than automobiles
are to be parked and/or stored on the site and provide for such parking
and/or storage on the site plan shall be a violation of this chapter,
and any building permit or certificate of occupancy that has been
issued shall not be valid and may be revoked.
(c)
Any change of use to a use which requires parking
and/or storage space for a greater number of vehicles larger than
automobiles than the previous use shall be required to make application
for site plan approval.
(3)
When off-street parking is provided in connection
with a use which will assign or can control the utilization of parking
areas (for example, employee-only parking areas), the Planning Board
may approve separate parking areas for subcompact vehicles having
a length of less than 17 feet and a width of six feet or less. Within
such areas, the Planning Board may approve the reduction of stall
size to a width of 8 1/2 feet and a length of 17 feet. Appropriate
signing and marking shall be required. The number of parking stalls
which may be designed for subcompact vehicles shall be determined
by the Planning Board based upon documentation submitted by the applicant.
C.
Aisle widths.
(1)
Aisles from which cars directly enter or leave
parking spaces shall not be less than 24 feet wide for perpendicular
parking or for parking at any angle greater than 60° and 20 feet
wide for sixty-degree-angle parking, except that all two-way aisles
shall be a minimum of 24 feet wide.
(2)
Only angle parking stalls or parallel parking
stalls shall be used with one-way aisles.
D.
Access drives (see Figures 5 and 6).
(1)
Entrance and exit drives shall have a minimum
width of 18 feet for those designed for one-way traffic and 24 feet
for those carrying two-way traffic.
(2)
Parking areas for 25 or more cars and access
drives for all parking areas on major thoroughfares or major arterial
highways shall provide curbed return radii of not less than 15 feet
for all right-turn movements and left-turn access from one-way streets
and concrete aprons on entrance and exit drives.
(3)
Parking areas for less than 25 cars may utilize
concrete aprons without curb returns at entrance and exit drives which
are not located on a minor arterial or principal arterial highway.
 |
 |
E.
Paint striping. All parking areas shall provide paint
striping to delineate parking stalls, barrier lines, lane lines, directional
arrows, stop lines, fire lanes and other striping as may be required
to ensure safe and convenient traffic circulation. Such striping shall
be in substantial conformance with the Uniform Manual on Traffic Control
Devices.
F.
Traffic signs. All parking areas shall provide traffic
control signs and devices necessary to ensure safe and convenient
traffic circulation. Such devices shall be in substantial conformance
with the Uniform Manual on Traffic Control Devices.
G.
Curbing. The perimeter of all parking areas and internal
islands within all parking areas open to the general public shall
have continuous cast-in-place concrete curbing (see Figure No. 3[1]) with a six-inch face or such alternate curb types as
may be approved by the Planning Board at the time of site plan approval.
The Planning Board may waive the requirement for curb in parking areas
open only to employees, service vehicles or for loading and unloading,
provided that drainage, vehicle control and safety can be properly
accommodated by alternate means.
H.
Paving. All parking areas shall provide pavement in accordance with the requirements of local, local collector and minor collector streets set forth in § 348-8.22 of this chapter, except as follows:
(1)
Parking areas for less than 50 cars, which the Planning Board determines are not likely to be utilized by heavy truck traffic or drive-up window service, may be paved with two inches of pavement, Type FABC-1, over a six-inch gravel base, all in accordance with the specifications contained in § 348-8.22.
(2)
In parking areas for between 50 cars and 100 cars, access drives and aisles shall provide a minimum surface of not less than 1 1/2 inches of pavement, Type FABC-1, a minimum stabilized base course of not less than two inches and a dense aggregate base course of six inches in conformance with the standards of § 348-8.22. Alternate design specifications may be approved subject to approval by the Toms River Township Engineer.
I.
Location of parking.
(1)
*Parking areas in residential zones and the
Village Office Zone for uses other than single-family and two-family
dwellings may be located in the rear or side yard, but may not be
located in any required front yard setback.[2]
[Amended 9-25-1991 by Ord. No. 2859-91]
(2)
No area shall be used for parking unless it
is large enough to provide for at least three contiguous stalls.
[Amended 9-25-1991 by Ord. No. 2859-91]
(3)
Where parking is permitted between the front
building line and the street line, whether by this chapter or variance,
a safety island or raised median separating the public street from
the parking area shall be provided in accordance with the following
minimum requirements (see Figures 5 and 6[3]):
[Amended 9-25-1991 by Ord. No. 2859-91]
(a)
The width of the safety island
shall be that width between the proposed curbline and a point eight
feet inside the property line. When this width is less than 18 feet,
the parking area shall be reduced to provide a minimum width for the
safety island of 18 feet. All required tree and shrub plantings shall
be placed on the on-site portion of the safety island.
(b)
When perpendicular or angled parking spaces
abut the safety island, the stall depth shall be measured from a point
two feet outside the face of the curb for perpendicular spaces or
angled spaces greater than 60° and three feet outside the face
of curb for sixty-degree-angle spaces. Such parking spaces shall be
separated from access drives by curbed islands with a minimum width
of 10 feet.
(c)
Safety islands shall be landscaped, topsoiled
and seeded, except that they may, as an alternative to seeding, be
provided with a cover or mulch of maintenance-free materials which
provide a clear and unmistakable distinction between the parking area
and the safety island.
(d)
Notwithstanding the use of maintenance-free
materials, there shall be provided at least one deciduous tree two
inches in diameter at breast height every 40 feet, or part thereof,
on all safety islands. A greater distance will be allowed for plantings
if necessary for traffic safety. The area between trees shall be planted
with a minimum of three evergreen-type shrubs. The portions of the
safety island within 25 feet of any access drive or street intersection
shall be planted with evergreen shrubs less than 30 inches in height.
Alternate or additional plantings may be permitted by the Planning
Board in accordance with an approved site plan.
(e)
No commercial signs, light standards or other
aboveground obstructions other than plantings shall be permitted within
10 feet of the street right-of-way.
(4)
*All required parking spaces and facilities
shall be located on the same lot or parcel as the structure or use
it shall serve. In the case of nonresidential uses, parking facilities
may be provided on other lots or parcels within a radius of 1,000
feet from the boundary of the lot containing the use to which said
parking spaces and facilities are accessory, provided that said lots
are a permitted accessory use for the nonresidential use in the zone
where they are located and are in the same ownership as the lot containing
the principal use and subject to deed restrictions binding the owner
and his heirs, successors and assigns to maintain the required number
of spaces available and required facilities throughout the life of
such use.[4]
[Amended 9-25-1991 by Ord. No. 2859-91; 7-13-2022 by Ord. No. 4752-22]
(5)
Required parking spaces for the physically handicapped should be located to provide convenient access to building entrances by way of depressed curbs and ramps in accordance with federal and state regulations and § 348-8.38 entitled, "Handicapped facilities" of this chapter.
[Amended 11-10-1992 by Ord. No. 2941-92]
(6)
In the R-40A, R-40B, R-40E, R-40W, R-B-1, R-B-2, R-B-3, R-B-4, R-B-5, R-B-6, and R-B-7 Residential Zones, all residential uses shall provide off-street parking as provided for in § 348-8.20O(15), having an access of a minimum of nine feet and a maximum of 18 feet in width. The access drive shall be designated on each lot by curb cuts for areas having curbing and by a driveway apron where there are no curbs, subject to the discretion of the Township Engineer based on sound engineering practices. More than one driveway is allowed on a street frontage provided the aggregate width of the driveways shall not exceed 18 feet, and a parking space is provided on the street in a location acceptable to the Township Engineer. When the owner of the property has not designated an access drive, it shall be assumed to be located on the side of the structure having the greatest side yard setback and shall be considered to be a ten-foot drive in width. Properties located on streets with a right-of-way width of less than 30 feet, or which adjoin a street frontage where parking is prohibited, shall not be bound by these driveway width restrictions. See the related provisions of § 348-8.11.1.
[Amended 2-25-2014 by Ord. No. 4427-14; 3-10-2015 by Ord. No.
4476-15; 12-26-2017 by Ord. No. 4569-17]
J.
Small parking areas. Parking lots having 50 or less
spaces shall be designed to provide the following minimum design requirements:
(1)
A safety island where parking is provided in
the front yard area.
(2)
A five-foot unbroken landscaping strip along
side and rear property lines. The five-foot landscaping strips shall
have the same minimum planting requirements as safety islands, except
that:
(3)
Not more than one two-way access drive or two
one-way access drives shall be permitted on any street.
(4)
Where possible, access drives shall not be located
closer than 100 feet to the nearest right-of-way line of an intersecting
street.
(5)
No parking stall shall be located to require
a vehicle to back into any portion of the right-of-way in order to
enter or exit the parking stall.
(6)
All parking areas for 10 or more vehicles shall
have artificial lighting that will provide a minimum lighting level
of 0.5 horizontal footcandle throughout the parking area and access
drives. For multifamily uses, such lights shall be operated from dusk
to dawn and for all other uses when the site or structure is occupied.
Freestanding light poles shall be no higher than the height of the
highest principal building plus five feet. Shielding shall be required
where necessary to prevent glare upon adjacent properties or streets.
(7)
Dead-end parking circulation aisles which do
not provide continuous flow through the parking field/area is prohibited.
[Added 12-9-2003 by Ord. No. 3843-03]
(8)
Islands separating parking stalls from circulation
and entrance/exit drives shall be at least 10 feet wide.
[Added 12-9-2003 by Ord. No. 3843-03]
K.
Large parking areas. Parking lots which have a capacity
for parking more than 50 vehicles shall incorporate the following
minimum design standards:
(1)
All the minimum design standards for small parking
areas.
(2)
All entrance drives shall extend a minimum distance
of 100 feet back from the street curbline or to an access aisle.
(3)
All exit drives shall extend a minimum distance
of 60 feet back from the street curb or to a major access aisle.
(4)
No parking stalls shall utilize the required
entrance and exit drives or major circulation drives as access aisles.
(5)
Wherever feasible, access drives located along
one-way streets or divided highways shall be separate one-way drives.
Said drives shall be located so that vehicles enter the parking area
at the beginning of the property and exit at the far end of the property
unless other considerations, such as a median opening, dictate otherwise.
(6)
Access drives shall not be located closer than
100 feet to the nearest right-of-way line of an intersecting street,
except that for uses such as shopping centers which, in the opinion
of the Planning Board, will generate large traffic volumes, access
drives shall not be located closer than 200 feet to the nearest right-of-way
line of an intersecting street.
(7)
No driveway shall be located less than 10 feet
from the side property line or within 30 feet of an existing drive,
whichever is greater.
(8)
Properties having a frontage in excess of 500
feet on any one street shall be permitted two-way and one-way access
drives providing for not more than two entrance and two exit movements
on the street. Properties having a frontage in excess of 1,000 feet
on any one street may be permitted to have additional access drives
subject to the approval of the Planning Board.
(9)
Where the Planning Board determines that the
total number of off-street parking spaces required by this chapter
may not be immediately required for a particular use, it may permit
a staged development plan which requires that only a portion of the
parking area, but not less than 65% of the required spaces, be completed
initially, subject to the following regulations:
(a)
The site plan shall clearly indicate both that
portion of the parking area to be initially paved and the total parking
needed to provide the number of spaces required by this chapter.
(b)
The site plan shall provide for adequate drainage
of both the partial and total parking areas.
(c)
The portion of the parking area not to be paved initially shall be landscaped in accordance with § 348-8.4C of this chapter.
(d)
The applicant shall post separate performance
guaranties, in addition to the performance guaranties required under
Article VII of this chapter, which shall reflect the cost of installing
the additional parking facilities necessary to provide the total number
of parking spaces required.
(e)
In lieu of a permanent certificate of occupancy,
a temporary certificate of occupancy shall be issued for a period
of two years. Prior to the expiration of the two-year period, the
applicant may either install the additional parking shown on the site
plan and apply to the Construction Official for issuance of a permanent
certificate of occupancy or apply to the Planning Board after the
use has been in operation a minimum of 18 months for a determination
as to whether or not the initial parking area provided is adequate.
If the Planning Board determines that the parking facility is adequate
as originally constructed, the performance guaranties may be released
and a permanent certificate of occupancy issued. If, however, the
Planning Board determines that the partial off-street parking area
is not adequate, the applicant shall be required to install the additional
parking facilities in accordance with the terms of the performance
guaranties prior to issuance of a permanent certificate of occupancy.
(f)
Any change of use, on a site for which the Planning
Board may have approved a partial paving of off-street parking areas,
to a use which requires more parking spaces than are provided on the
site shall require submission of a new site plan.
L.
Parking area landscaping. Every parking lot with more
than 100 spaces shall be divided as nearly as possible into smaller
lots of 50 spaces separated by landscaped dividing strips, except
the area for access aisles. The plantings required within the parking
area shall be considered exclusive from any other plantings that may
be required for screening or safety island planting. All landscaping
for dividing strips shall be shown as part of the detailed landscaping
plan submission, where required. The following criteria shall apply
for internal landscaped dividing strips:
(1)
They shall have a minimum width of 10 feet.
(2)
They shall be seeded and topsoiled. The use
of maintenance-free material other than seeding and topsoil may be
permitted if the same provides a safe and attractive alternative.
(3)
Unless otherwise approved by the Planning Board, they shall be planted with deciduous trees of two-inch diameter at breast height with a maximum distance between trees at ground level of 40 feet. All trees shall be planted in a dormant state and in accordance with the appropriate requirements of § 348-8.4. The area between trees shall be planted with a minimum of three evergreen-type shrubs.
(4)
The depth of perpendicular or angled parking
stalls which abut a landscaped dividing strip shall be measured from
a point two feet outside the face of the curb for perpendicular spaces
or angled spaces greater than 60° and three feet outside the face
of the curb for sixty-degree-angle spaces.
M.
Retaining walls and embankment slopes. [Also refer to § 348-8.7H(5).]
[Amended 12-9-2003 by Ord. No. 3843-03]
(1)
In the event that parking is proposed on a lot
or site having a slope greater than 10%, regardless of size, it shall
be terraced, utilizing retaining walls or properly reinforced embankment
slopes, and providing for adequate safety, stability and drainage.
At no time should an embankment slope that is not reinforced, or any
other earthen material having a greater elevation than the adjacent
parking area, have a slope exceeding a ratio of three to one.
(2)
When retaining walls, terraces, embankment slopes
or similar types of earthen retaining devices are necessitated adjacent
to or within the parking area, they shall be kept in good repair or
otherwise maintained so as to keep the parking area free of debris
and dirt.
N.
Access to adjoining property. No unrestricted vehicular
access shall be permitted between adjacent properties. Vehicular access,
if agreed upon by the owners or possessors of adjacent properties,
or if required by the Planning Board, shall normally be limited to
one opening providing two lanes of traffic and shall be located in
such a manner as to offer continuity of a similar access drive on
the adjacent property. The opening shall occur at a point having the
greatest distance from the street line which would facilitate the
joining of properties. Access shall normally be denied across the
remainder of the side lines by construction of a landscaped dividing
strip, five feet in width, on the property being developed. If and
when the adjacent property is developed, there shall be a similar
dividing strip at least five feet wide. All dividing strips shall
be landscaped as provided in this section. The Planning Board may
also require that provision be made for future connection to adjacent
undeveloped properties.
O.
*Minimum off-street parking spaces required.[5]
[Amended 7-10-1991 by Ord. No. 2840-91; 5-13-1992 by Ord. No. 2911-92; 9-24-1996 by Ord. No.
3196-96; 2-13-2002 by Ord. No. 3665-02; 12-9-2003 by Ord. No.
3843-03; 7-22-2008 by Ord. No. 4146-08]
(1)
Automotive repair garage or body shop: four
parking spaces for each service bay but no less than one space for
each 400 square feet of gross floor area.
(2)
Automotive sales and service: one parking space
for each 400 square feet of gross floor area shall be provided for
customer and employee parking. These areas shall be in addition to
areas utilized for display and storage of vehicles. Site plans shall
specify which parking spaces are designated for customers, employees,
display and storage.
(3)
Automotive service station: four parking spaces
for each service bay, exclusive of vehicle service area. In no instance
shall there be less than five off-street parking spaces.
(4)
Banks, savings and loan associations and similar
financial institutions: one parking space for each 300 square feet
of gross floor area.
(5)
Barber and beauty shop: three parking spaces
for each chair (if known), but not less than one parking space per
200 square feet of gross floor area.
(6)
Bowling alley: four parking spaces for each
alley. Other commercial uses within the same building will be computed
separately in accordance with this section.
(7)
Business offices: one parking space for each
250 square feet of gross floor area.
(8)
Car washes: five parking spaces for employees
plus off-street storage (stacking) space equal to at least five times
the number of cars that can be in the wash process at one time. For
self-wash or self-service car washes, the requirement for employee
parking shall be eliminated.
(12)
Convalescent home, nursing home, rest home:
one parking space for each two beds based on its licensed bed capacity.
(13)
Convenience stores and similar self-service
food markets: one parking space for each 175 square feet of gross
floor area.
(14)
All places of assembly, to include a meeting
room, place of worship, assembly or exhibition hall, community center,
library, museum, art gallery, community club, private club or lodge,
or theater: one parking space for each 100 square feet of gross floor
area.
[Amended 7-13-2021 by Ord. No. 4700-21; 7-13-2022 by Ord. No. 4752-22]
(15)
Dwellings: Parking requirements for dwellings shall be in accordance
with the Residential Site Improvement Standards, N.J.A.C. 5:21 et
seq., with the following exceptions;
[Amended 3-10-2015 by Ord. No. 4476-15]
(16)
Dental or medical professional offices: one parking space for
each 150 square feet of gross floor area.
[Amended 10-14-2014 by Ord. No. 4459-14]
(17)
Drive-in restaurant: one parking space for each
30 square feet of gross floor area.
(18)
Driving range, miniature golf: one parking space
for each tee or hole.
(19)
Farmers' market, auction market: one parking
space for each 1,000 square feet of land area in the site.
(20)
Furniture and appliance stores or similar types
of uses requiring large amounts of storage: one parking space for
each 400 square feet up to 4,000 square feet, plus one parking space
for each 800 square feet of gross floor area above 4,000 square feet.
(21)
Government office: to be determined by the Planning
Board, except that governmental offices within privately owned buildings
shall provide a minimum of one parking space for each 250 square feet
of gross floor area.
(22)
Hardware and auto supply stores: one parking
space for each 250 square feet of gross floor area.
(23)
Hospital (general, mental, sanatorium): one
parking space for each two beds based on its licensed capacity.
(24)
Hotel, motel: one parking space for each rental
unit. Each commercial use within the building shall be computed separately
according to the requirements for such use set forth herein. The Planning
Board may allow up to 50% of the required parking for commercial uses
in the hotel or motel to be satisfied by guest room parking.
(25)
Laundromats or similar coin-operated cleaning:
one parking space for each 200 square feet of gross floor area.
(26)
Manufacturing or industrial establishment, research
or testing laboratory, bottling plant or similar uses: one parking
space for each 500 square feet of gross floor area.
(27)
Marina, boatyard, boat sales: one parking space
for each two boat slips. where no boat slips exist, there shall be
one space for each 300 square feet of gross floor area.
(28)
Mortuary, funeral home: one parking space for
every 100 square feet of gross floor area.
(29)
Nursery schools, day camps, adult or child-care
centers. day nurseries or similar uses: one parking space per each
100 square feet of gross floor area, except as otherwise provided
for in N.J.S.A. 40: 55D-66a through 40:55D-66.7a.
[Amended 7-13-2022 by Ord. No. 4752-22]
(30)
Professional office: one parking space for each
250 square feet of gross floor area.
(31)
Public and private utilities, electrical substation,
gas regulator, waterworks, pumping station and similar facilities:
to be determined by the Planning Board based on the specific need
of the use.
(32)
Restaurant, cafe or diner providing seating
for more than 12 patrons: one parking space for each three seats.
(33)
Restaurants with bars, cocktail lounges, nightclubs:
one parking space for each two seats, but no less than one space for
each 75 square feet of gross floor area.
(34)
Recreation facilities: those not specifically
mentioned herein shall be determined by the Planning Board.
(35)
Retail stores, except as otherwise specified:
on parking space for each 225 square feet of gross floor area.
(36)
Studio (art, music, dance, gymnastics and similar
for the purpose of giving instruction rather than shows or exhibitions):
one parking space for each 200 square feet of gross floor area.
(37)
Schools:
(a)
Elementary: one parking space for each eight
students based on design capacity.
(b)
Middle or junior high school: one space for
each five students based on design capacity.
(c)
High school: one space for each three students
based on design capacity.
(d)
College or university: one space for each 1 1/2
students based on design capacity.
(38)
Shopping centers: four parking spaces for each
1,000 square feet of gross floor area for centers having less than
400,000 square feet. Shopping centers having 400,000 square feet or
more shall provide parking at the rate of 4.5 spaces for each 1,000
square feet of gross floor area. If more than 5% of the enclosed gross
floor area of any shopping center is occupied by malls, lobbies, corridors,
heating plants or other space not utilized for direct commercial purposes
which, in the opinion of the Planning Board, will not generate a need
for parking, the Planning Board shall allow the parking required to
be based on the gross leasable area of the shopping center at the
above rate. The "gross leasable area," for the purposes of this chapter,
shall be defined as the total floor area designed for tenant occupancy
and exclusive use, including basements, mezzanines and upper floors.
See parking standard for theatres.
(40)
Veterinary clinics or hospitals or animal care
facilities: one parking space for each 400 square feet of gross floor
area.
(41)
Warehouse, wholesale, machinery or large equipment
sales: one parking space for each 1,500 square feet of gross floor
area, plus one parking space for each vehicle used in connection with
the business.
(42)
Continuing-care retirement community, health
car and long-term residential health care facilities: one space per
independent living unit and one space per six health care beds, and
one space per 10 independent living units for visitor parking. Parking
for such uses shall be the cumulative total of all the above requirements.
(43)
Senior Citizen Affordable Housing - 1 Zone:
1.25 spaces per dwelling unit.
(44)
Senior Citizen Affordable Housing - 2 zone:
0.75 space per dwelling unit, with provision for additional parking
to a maximum of 1.25 spaces per unit if required in the future.
(45)
Gymnasiums, fitness facilities and similar physical training
facilities: the greater of: a) one per two exercise machines, one
per game court, one per 50 square feet of open exercise area; or b)
one space per 200 square feet of gross floor area.
[Added 12-26-2017 by Ord.
No. 4569-17]
P.
Criteria for determining required parking spaces.
In computing the number of the above-required parking spaces, the
following rules shall govern:
[Amended 9-25-1991 by Ord. No. 2859-91; 7-22-2008 by Ord. No. 4146-08]
(1)
Where fractional spaces result, the required
number shall be construed to be the nearest whole number.
(2)
The parking space requirements for a use not
specifically mentioned herein shall be the same as required for a
use of similar nature as determined by the Toms River Township Planning
Board based upon that use enumerated herein which is most similar
to the proposed use. If there is no use enumerated herein having sufficient
similarity to the use proposed to enable the Planning Board to establish
rational parking requirements, the Planning Board may, in its discretion,
direct the applicant to furnish the Planning Board with such data
as may be necessary to enable the Planning Board to establish rational
parking requirements.
(3)
Nothing in the above requirements shall be construed
to prevent the joint use of off-street parking facilities by two or
more uses on the same site, provided that the total of such spaces
shall not be less than the sum of the requirements for various individual
uses computed separately by the above requirements.
(4)
No part of off-street parking required by a
structure or use shall be included as part of an off-street parking
requirement of another use unless substantial proof and assurances
are presented and it is determined by the Planning Board that the
use of this parking will not be simultaneous.
(5)
Basement and cellar areas in nonresidential
buildings deed restricted for storage and/or utility purposes only
shall not be included in gross floor area or gross leasable area calculations
for parking purposes.
Q.
Accessory off-street parking within buildings and
underground.
[Added 7-22-2008 by Ord. No. 4146-08]
(1)
Accessory off-street parking within buildings
and underground is only permitted where specified in Article X, Zoning
District Regulations.
(2)
Parking is not permitted in the portion of the
first floor (or of any basement or cellar not entirely below ground)
extending 30 feet back from the building line facing any street. Such
area shall be utilized for a permitted principal use in the zone district
in which the building is located.
(3)
Notwithstanding the above, in a building on a corner lot, parking is permitted in the front portion of the first floor (or basement or cellar not entirely below ground) facing the street with the lower traffic function. Along the street frontage, such parking shall be concealed with facade materials comparable to those used on the remainder of the building. To the extent practical, eye-level fenestration with translucent, but not transparent, glass shall be provided, or the portion of the building devoted to parking shall be screened in accordance with the requirements of § 348-8.4B.
(4)
To the extent practical, the vehicular entrance
to the internal parking shall be situated at a rear or side elevation
of the building (for example, from a rear service alley or an adjoining
side street). However, a vehicular entrance to the parking lot on
the front elevation is preferable to the interruption of the street
wall by a driveway adjoining the side of a building. Notwithstanding
the above, vehicular entrances to parking, including side driveways,
are prohibited in the Village Business Zone on Washington Street and
on Main Street south of Legion Court. Vehicular access to parking
within buildings on these streets shall be provided only from rear
or side streets or rear alleys.
R.
Shared parking. The approving agency may allow off-street
parking and loading spaces required for uses, buildings or structures
on the same or on more than one lot to be provided in a common semipublic
parking lot, or more than one said parking lot, subject to the following:
[Added 7-22-2008 by Ord. No. 4146-08]
(1)
The total capacity of the common facility shall
be the sum of the requirements of each individual use, except that
said total capacity may be reduced by the approving agency, providing
the applicant provides credible evidence to the satisfaction of the
approving agency that the peak parking demand of the two or more uses
sharing such a facility do not coincide, and that the accumulated
parking demand at any one time of the two or more uses sharing the
facility shall not exceed the total capacity of the facility. Such
evidence shall indicate the use of the facility by residents, employees,
customers and visitors on both weekdays and weekends, and both during
the day and overnight.
(2)
In cases where the capacity of the common facility is reduced based on the criteria in Subsection R(1) above, the applicant shall submit a shared parking analysis prepared by a licensed engineer in the State of New Jersey, with expertise in the field of transportation engineering.
(3)
Where parking is shared between two separate
properties, the owners of the properties shall file with the Township
a contractual agreement approved by the Township's Administrative
Officer providing for the shared parking use. The agreement shall
be recorded on the title records of each affected property.
(4)
Shared parking facilities serving uses not on
the same lot as the parking facility shall be subject to the following
limitations:
S.
Banked parking. Where the total number of off-street parking spaces
required by this section may not be immediately required for a particular
use, a banked parking/staged development plan may be permitted which
requires that only a portion of the parking area, but not less than
65% of the required spaces, be completed initially, subject to the
following regulations:
[Added 10-13-2020 by Ord.
No. 4680-20]
(1)
The site plan shall clearly indicate both that portion of the
parking area to be initially paved and the total parking needed to
provide the number of spaces required.
(2)
The site plan shall provide for adequate drainage of both the
partial and total parking areas in accordance with the drainage, lighting
and landscaping sections of this section.
(3)
The portion of the parking area not to be paved initially shall
be landscaped in accordance with this section.
(4)
Separate from the performance bond, a temporary land-banked
parking bond will be provided for the full value of the outstanding
parking for a two-year period. Prior to the expiration of the two-year
period, the applicant may either install the additional parking shown
on the site plan and apply for release of the temporary land-banked
parking bond, or, apply for an administrative hearing to the board
of jurisdiction for release of the temporary land-banked parking bond
based on the current functionality of the site.
(5)
Any change of use on a site for which the board of jurisdiction
has approved land-banked parking, which requires more parking spaces
than are provided on the site plan, shall require submission of a
new site plan.
A.
Types of pools.
[Amended 2-22-1995 by Ord. No. 3084-95]
(1)
Private swimming pool: any structure which has
the capacity to contain water over 24 inches in depth and which is
used or intended to be used for swimming or recreational bathing in
connection with a single-family residential dwelling and which is
available only to the family and guests of the householder. This includes
in-ground, aboveground and on-ground swimming pools as well as hot
tubs and spas.
(2)
Public swimming pool: any swimming pool, spa
or hot tub which does not meet the definition of private swimming
pool.
B.
Lighting. All lighting fixtures for a private swimming
pool shall be installed so as to comply with all applicable safety
regulations and shall be shielded so as to prevent any direct beam
of light from shining on any adjoining property.
C.
Electric lines. No overhead electric lines shall be
carried across any swimming pool or wading area.
D.
Noise. No activities shall be conducted at any private
swimming pool which shall cause undue noise or constitute a nuisance
to any neighbor.
E.
Building permit. When an application is made for a
permit to construct and locate a private swimming pool, the applicant
shall show an approval from the Board of Health of the Township of
Toms River as to the suitability and adequacy of design, materials
and construction or construction specifications of said pool, including
all accessory equipment, apparatus and appurtenances thereto. The
application for a private swimming pool building permit shall identify
the building lot, the location of the residence, location of swimming
pool, all accessory equipment and apparatus, type of pool, all basic
dimensions, location of steps, diving stands, boards and location
and detail specification of enclosure and gate on the lot.
F.
Outdoor swimming pools shall be located behind the
front building setback line and, with the exception of hot tubs and
spas containing less than 501 gallons, at least eight feet from any
building or railing required on an elevated deck. Elevated decks that
adjoin aboveground pools shall be exempt from this setback requirement.
Hot tubs and spas containing less than 501 gallons may be located
not less than three feet from any building, property line, handrail,
unenclosed porch and deck edge.
[Amended 9-25-1991 by Ord. No. 2859-91; 5-13-1992 by Ord. No. 2911-92; 7-8-1997 by Ord. No. 3270-97; 12-23-2013 by Ord. No.
4422-13]
G.
*Pump location. The pump of a filtration or pumping
station of a private swimming pool shall be located not less than
10 feet from any side or rear property line.[1]
[Amended 9-25-1991 by Ord. No. 2859-91]
H.
Drainage. Private pools situated or extended above
ground level and less than 50 feet from an abutting property shall
be surrounded by a suitable drainage system leading to a street or
brook so as to be able to carry away all the water in the pool in
the case of a break.
I.
*Enclosure.[2]
[Amended 9-26-1978 by Ord. No. 1784; 9-25-1991 by Ord. No.
2859-91]
(1)
Permanent underground pools shall be surrounded
entirely by a fence, with no openings greater than a two-inch square,
and shall be capable of holding a live load of 250 pounds between
posts located not more than eight feet apart; however, side(s) of
the residence may serve as part of the enclosure. The fence shall
be located not less than six feet from the closest edge of the pool.
Fences shall be at least four feet high, and, if made of wire, they
must be of the chain-link type. All supporting structures shall be
on the inside of the fence, and the top of such support shall be at
least one inch lower than the top of the fence.
(2)
Permanent aboveground pools constructed with
an attached fence being at least four feet in height above ground
level and capable of holding a live load of 250 pounds between posts
located not more than eight feet apart need no additional fencing.
(3)
Temporary aboveground pools, when not in use,
must be emptied or covered with a suitable protective covering, securely
fastened or locked in place unless enclosed by a fence meeting the
requirements for a permanent underground pool.
J.
Gate. Any opening or openings in the fence to afford
entry to the pool shall be equipped with a gate similar to the fence
and shall extend from not more than two inches above the ground to
the height of the fence. The gate shall be of a self-closing type,
opening outwardly only, and shall be equipped with a lock and key
or padlock and chain and shall be kept locked, except when the pool
is in use.
A.
General requirements. Roadways and all appurtenances,
including subgrade, subbase, base courses and pavements, shall be
constructed in accordance with the applicable requirements of the
Standard Specifications as modified herein. All subsurface utilities,
including service connections (terminating at least two feet behind
sidewalk) to each lot, and all storm drains shall be installed in
all roadway areas prior to the construction of final pavement surfaces.
B.
Type of pavement. All roadways shall be constructed
with either a bituminous concrete flexible-pavement structure or a
portland cement concrete rigid pavement structure. Only one type of
pavement shall be utilized throughout any development.
C.
Pavement structure design.
(1)
The pavement structure design for each particular
development utilizing either a flexible- or rigid-pavement type shall
be the responsibility of the developer or his engineer. The pavement
design shall be based upon traffic loading projections and field sampling
and laboratory analysis of the subgrade soils to be encountered in
roadway areas in the development and shall follow current design recommendations
of the Asphalt Institute, the Portland Cement Concrete Association
or such other generally recognized standards as may be acceptable
to the Township Engineer.
(2)
As minimum requirements, rigid portland cement
paving shall be expansion-joint-type paving utilizing joints similar
to Type A expansion joints, according to the Standard Construction
Details of the New Jersey Department of Transportation, shall be reinforced,
constructed with Class B air-entrained concrete and shall have a minimum
thickness of 6 1/2 inches for local, local collector and minor collector
streets and eight inches for other classifications. Flexible bituminous
concrete pavements shall have an equivalent structural depth of at
least 10 inches for local, local collector and minor collector streets,
having a minimum wearing surface of not less than 1 1/2 inches of
pavement, Type FABC-1, a minimum bituminous stabilized base course
of not less than 2 1/2 inches and a dense graded aggregate base course
to provide the remaining depth; and an equivalent structural depth
of at least 13 inches for other street classifications, having a minimum
wearing surface of not less than two inches of pavement, Type FABC-1,
a minimum bituminous stabilized base course of not less than three
inches and a dense graded aggregate base to provide the remaining
depth. Bituminous stabilized base may be substituted for aggregate
base on a one to three ratio (stabilized base to aggregate base),
all in accordance with the applicable requirements of the Standard
Specifications.
D.
Subgrades. All subgrade shall be prepared in accordance
with the applicable requirements of the Standard Specifications for
bituminous concrete and reinforced concrete pavements. Prior to the
construction of any subbase, base or pavement course, all soft or
unyielding portions of the subgrade which do not attain the required
stability will be removed and replaced with the suitable material,
and the whole surface of the subgrade shall be compacted. The provision
of a uniform roadway subgrade meeting the requirements of the Standard
Specifications shall be the full responsibility of the developer.
In certain cases, special treatment may be required because of the
character or nature of the subsoil. Such special treatment may include
lime or cement stabilization, wet excavation or construction of underdrainage
fields. Any proposal by the developer to stabilize subgrade shall
be subject to the approval of the Township Engineer.
E.
Subbase and/or aggregate base courses. Where granular
subbase courses are included in the pavement design section proposed
by the developer, they shall be constructed in accordance with the
applicable requirements of the Standard Specifications. Bituminous
concrete pavements (and stabilized bases) may be constructed on subgrade
without subbase or aggregate base courses, provided that the sub grade
can be satisfactorily prepared as hereinbefore described. Dense graded
aggregate base courses shall comply with the requirements of the Standard
Specifications for Soil Aggregate, Type 5, Class A, or Type 2, Class
A or B. Portland cement concrete pavements must be constructed with
a minimum of six inches of a granular-type subbase meeting the requirements
of the Standard Specifications for Soil Aggregate, Type 4, Class E.
Any subbase course of aggregate base course to be utilized with any
type of pavement shall have a minimum thickness of four inches.
F.
Bituminous base courses.
(1)
Bituminous base courses for use with bituminous
concrete pavements shall consist of plant-mixed bituminous stabilized
base course (stone mix or gravel mix) in accordance with the requirements
of the Standard Specifications, except that the requirements for the
construction of the base course shall be amended to allow the laying
of the base course with a single lift maximum thickness not exceeding
four inches.
(2)
Prior to placement of any bituminous stabilized
base course, the finished surface of any underlying subbase or aggregate
base shall receive a prime coat in accordance with the requirements
of the Standard Specifications.
G.
Bituminous pavements. Bituminous pavements shall consist
of a bituminous concrete surface course, Type FABC-1, in accordance
with the requirements of the Standard Specifications. The bituminous
pavement wearing surface should generally not be installed until just
prior to the time the streets are prepared for final acceptance. Prior
to the installation of a bituminous concrete surface, the bituminous
base course shall be inspected by the Township Engineer. Any areas
of the base course in need of repair shall be removed and replaced
at the direction of the Township Engineer. If the Township Engineer
directs, a leveling course of FABC material shall be placed on any
uneven or below-grade base courses prior to the placement of finished
pavement. No pavement surfaces shall be placed unless permission to
do so has been granted by the Township Engineer.
H.
Concrete pavements. Concrete pavements shall be constructed
in accordance with the requirements of the Standard Specifications.
Expansion joints shall be New Jersey State Department of Transportation
Type A expansion joints. The developer may submit, at the time of
the submission of the preliminary plat, an alternate expansion joint
detail. The use of such an alternate detail must be recommended by
the Township Engineer and approved by the Planning Board. Where existing
concrete roadways are being widened as the result of the development
of abutting properties, the widened pavement shall be required to
be of portland cement concrete. The remaining pavement in the development
may, if the subdivider elects, be bituminous concrete. This will be
an exception to the requirements that all pavement constructed within
a development be of one type.
I.
Alternate pavement types. In areas where alternate
pavement types are proposed or desired either for decorative purposes,
because of physical restrictions or existing conditions, or because
of limitations or shortages in certain types of construction materials,
a detail of the type and/or location of alternate pavement types proposed
shall be submitted for approval with the preliminary and/or final
plat. The use of alternate pavement types may only be permitted if
the applicant submits for review and approval details and specifications
concerning the equipment, materials and methods proposed for use,
and if the Township Engineer has inspected the installation of and
tested and approved a suitable sample section of such pavement. In
the event that the Township Engineer does not approve the sample section
of pavement, the developer shall remove the same section and replace
it with a type of pavement permitted by this chapter or such other
alternate as may be approved by the Planning Board.
A.
When the effective operation of a building or structure,
or equipment within a building or structure, necessitates placing
machinery, motors, generators or similar devices for cooling, heating
or generating purposes outside or on top of any structure, they shall
be screened from public view. Said screening may consist of the following:
(1)
Densely planted evergreen shrubs, which shall
grow to not less than five feet after one growing season; and
(2)
A solid and uniform fence at least five feet
in height on four sides of said equipment; or
(3)
A masonry wall at least five feet in height
on four sides of said equipment; or
(4)
Extensions of parapet walls or mansard rooflines
or structural or ornamental screens or baffles; or
(5)
Any similar type of solid or uniform screening
which will prevent exposure of such equipment to public view.
B.
The above requirements shall not be construed to prevent
an opening in any required screening for maintenance purposes. However,
any such opening shall be made as inconspicuous as is possible so
as not to present any unsightly display of said equipment to public
view.
A.
The design and construction or approval of all public
systems for extensions of existing system(s), either publicly or privately
owned, shall be under the jurisdiction of the Toms River Sewerage
Authority.
B.
Prior to the approval of any final plat, the full
approval of any sewage disposal system must have been obtained from
the Toms River Sewerage Authority and filed with the Planning Board,
or the final approval will be conditioned upon full approval of the
Toms River Sewerage Authority.
C.
In the event that the Toms River Sewerage Authority
determines that the lots in any major subdivision cannot be served
at the time of application by a public sewage disposal system, septic
systems may be installed, provided that:
(1)
The requirements of state statute, including
the New Jersey Realty Improvements Act, are met.
(2)
They are installed in accordance with the regulations
of the Toms River Township Board of Health.
(3)
The minimum lot size shall not be less than
30,000 square feet. However, the Board of Health may require a larger
lot size if it deems such increased lot size is necessary for such
purposes. The Planning Board shall abide by the decisions of the Board
of Health in this matter.
(4)
If any existing land drainage structures, such
as french drains, are encountered during the course of construction
of any development, no septic system or any part thereof shall be
installed on any lot within 400 feet thereof without the prior approval
of the Toms River Township Board of Health. Such approval shall only
be granted if new percolation tests, taken at least two months after
such drainage structures are removed, show that satisfactory soil
conditions exist and that installation of such septic system in the
area affected by the removal of the drainage structures will not be
detrimental to the health of the Township residents or cause pollution
of any of its waters.
(5)
The developer conforms to all conditions set
forth in the report of the Toms River Sewerage Authority which originally
provided that public sewage was not available.
A.
General requirements.
(1)
Sidewalks shall be constructed on both sides
of all streets within a development and entirely around the perimeter
of all culs-de-sac. Where the development abuts an existing street,
the sidewalk shall be constructed only on that side. Sidewalks shall
also be constructed at any other places, such as pedestrian walkways
or access points to open space, as shown on or required at the approval
of the final plat.
(2)
The requirements of the Standard Specifications
regarding curing precautions must be strictly observed.
B.
Location. Sidewalks within street rights-of-way shall
generally be located with the sidewalk edge farthest from the roadway
placed one foot from the property line. Sidewalks not within street
rights-of-way shall be located to provide for the most likely routes
of pedestrian travel. In cases where the topography dictates or a
proposed development provides for the extension of an existing street
or abuts an existing street, where sidewalks have already been installed
in a location other than as specified above or where such variations
in sidewalk locations are needed to preserve trees or natural features,
the Planning Board may approve alternate sidewalk locations in order
to provide for the preservation of physical features or the continuation
of the existing sidewalks.
C.
Sidewalk construction.
(1)
Sidewalks shall be four feet wide and four inches
thick, except crossing driveways, where the thickness shall be increased
to six inches for residential uses and all drives to parking areas
of less than 50 spaces and to eight inches for all other uses. Where
the Planning Board determines that a sidewalk may be subject to unusually
heavy pedestrian traffic it may require that its width be increased
(to a maximum of eight feet). All sidewalk construction shall be in
accordance with the applicable requirements of the Standard Specifications.
Concrete shall be Class C, air-entrained. Preformed bituminous cellular
joint fillers 1/2 inch thick shall be placed at intervals not exceeding
20 feet. Dummy (formed) joints shall be cut into the concrete sidewalk
between the expansion joints at equal intervals not exceeding the
width of the sidewalk.
(2)
The sidewalk subgrade shall be compacted prior
to the placement of any sidewalk. Any unsuitable material encountered
in the subgrade shall be removed and replaced with suitable material
acceptable to the Engineer. All six-inch or eight-inch sidewalk areas
crossing driveways shall be reinforced at the midpoint or one-third
points, respectively, of the sidewalk section. Reinforcing shall be
welded wire fabric (66-1212) or an equivalent approved by the Township
Engineer.
D.
Apron construction. Reinforced concrete aprons shall
be constructed at all driveways between the concrete curb (or combination
curb and gutter) and the concrete sidewalk. Such aprons shall be six
inches thick for residential uses and all drives to parking areas
of less than 50 spaces and eight inches for all other uses and shall
be reinforced with welded wire fabric (66-1212) or an equivalent approved
by the Township Engineer, located at the midpoint or one-third points,
respectively, of the apron section. Concrete shall be Class C, air-entrained.
The width of the apron at the curbline shall be not less than the
width of the driveway plus 10 feet or a minimum of 20 feet, whichever
is greater.
E.
Driveway depressions. At each driveway without curb
return radii, the concrete curb or combination curb and gutter shall
be depressed to form a driveway opening. The depression shall be equal
in length to the width of the driveway plus 10 feet, but not less
than 20 feet. At driveways with curb return radii, the curb depression
shall accommodate the exterior limits of the radii. The depression
shall be smoothly formed to maintain a lowered curb face across the
depression of at least one inch, but not more than two inches. The
bottom of the curb shall be lowered to maintain full curb depth across
the depression.
F.
Alternate sidewalk or apron types and/or locations.
(1)
In areas where alternate sidewalk or apron types
and/or locations are proposed or desired, either for decorative purposes
or because of physical restrictions or existing conditions, a detail
of the type and/or location of sidewalk and apron proposed shall be
submitted for approval with the preliminary and/or final plat.
(2)
Continuous slip-formed sidewalks may be permitted
if such is considered to be desirable by the Township Engineer. The
use of continuous slip-formed sidewalks may only be permitted if the
applicant submits, for review and approval, details and specifications
concerning the equipment, materials and methods proposed for use and
if the Township Engineer has inspected the installation and tested
and approved a suitable sample section of such sidewalk. In the event
the Township Engineer does not approve the sample section of continuous
slip-formed sidewalk, the developer shall remove the sample section
and replace it with a type of sidewalk permitted by this chapter or
such other alternate as may be approved by the Planning Board.
G.
Sidewalks and curbing; Pedestrian Safety Fund.[1]
[Added 7-19-2005 by Ord. No. 3958-05]
(1)
Sidewalk and curbing requirements. Notwithstanding any provision to the contrary in Chapter 348, sidewalks and curbing shall be required along all street frontages as a condition relating to any minor subdivision, major subdivision, minor site plan or major site plan approval granted by the Toms River Township Planning Board or Toms River Township Board of Adjustment. The proposed curbing shall be designed and constructed in accordance with the requirements of § 348-8.11 of Chapter 348 and the proposed sidewalk shall be designed and constructed in accordance with the requirements of this section.
(2)
Payment in lieu of sidewalk and curbing.
(a)
Any developer seeking minor subdivision, major
subdivision, minor site plan and/or major site plan approval may request
a waiver of the requirement to install curbing and sidewalks along
all street frontages of the subject property by agreeing to pay a
sum to the Toms River Township Pedestrian Safety Fund equal to the
cost of said curbing and sidewalk. Said cost shall be determined by
the Township Engineer based on documented construction costs for public
improvements prevailing in the general area of the municipality.
(b)
In determining whether to grant the requested
waiver and accept a payment in lieu of the installation of sidewalk
and curbing, the Planning Board or Board of Adjustment shall consider
the following factors:
[1]
The presence or absence of curbing
and sidewalks in the general vicinity of the subject property.
[2]
The practical difficulty as established
by the applicant of installing such improvements in or adjacent to
the subject property due to exceptional topographic conditions, drainage
concerns and/or the deleterious impact to surrounding properties as
a result of the installation of such improvements.
[3]
The recommendation of the Board
or Township Engineer.
(3)
Toms River Township Pedestrian Safety Fund.
(a)
There is hereby established the Toms River Township
Pedestrian Safety Fund (hereinafter "fund").
(b)
Said fund shall be dedicated to pay for the
cost of designing and constructing various pedestrian safety projects
within Toms River Township.
(c)
All monies paid by developers in accordance
with this section shall be deposited into said fund.
(d)
The Chief Financial Officer of the Township
is hereby directed to establish and maintain the fund and to make
disbursements upon the request of the Township Engineer for designated
pedestrian safety improvements.
(4)
Appeal process. Any developer objecting to the payment of monies
into the Pedestrian Safety Fund shall have the right to appeal to
the Township Division of Law concerning the application of this section.
The Director of the Division of Law shall review all documents submitted
by the developer for the purpose of determining if the developer should
be exempt from making payment to the fund. The decision of the Director
shall be final and binding on the developer.
[Added 5-26-2009 by Ord. No. 4202-09]
[1]
Editor's Note: Former Subsection G, Curb ramps
for the physically handicapped, was repealed 11-10-1992 by Ord. No.
2941-92.
[Amended 2-24-1981 by Ord. No. 1998; 9-14-1982 by Ord. No. 2116; 4-11-1990 by Ord. No. 2729-90; 11-28-1990 by Ord.
No. 2769-90; 9-25-1991 by Ord. No. 2859-91; 3-25-1992 by Ord. No. 2897-92; 5-13-1992 by Ord. No.
2911-92; 11-9-1994 by Ord. No. 3059-94; 2-22-1995 by Ord. No. 3084-95; 6-11-2002 by Ord. No. 3698-02; 12-9-2003 by Ord. No. 3843-03; 4-25-2006 by Ord. No. 4004-06; 12-27-2011 by Ord. No. 4342-11; 6-12-2012 by Ord. No. 4354-12; 4-25-2017 by Ord. No. 4545-17; 2-26-2019 by Ord. No. 4622-19; 9-24-2019 by Ord. No.
4646-19; 9-14-2021 by Ord. No. 4713-21]
A.
General design guidelines for all signage are as follows:
(1)
Signs should strengthen the architectural diversity of the municipality's
buildings. Signs which obscure or ignore a building's architecture
should be avoided. Signs should be integrated with a building's architecture
in terms of form, materials, color, and size.
(2)
Signs should be appropriate for the era in which the building
was constructed.
(3)
Signs should not alter the way in which a building functions.
(4)
Designers should strive for creativity in the form and variety
of signage within the size limitations set forth herein.
(5)
Designers are strongly encouraged to include symbols, images,
and other graphic objects to convey the type of establishment using
the sign.
(6)
The typeface used to represent words should convey the character
of the establishment and the era of the building.
(7)
Contrast. The contrast of a sign's lettering and symbols with
its background should be disparate to convey legibility.
(8)
Outside of the Downtown Toms River Business Improvement District (BID), backlighted individual letter channel signs to convey text, mounted on masonry, is preferred. See Subsection J for design standards specific to the BID.
(9)
The background of internally illuminated signs should not be
lighted but only the individual letters, logos, or symbols that convey
the sign's message.
B.
Awning sign requirements. For the purposes of this section, "awnings" and "canopies" shall be synonymous as referenced in the definition of "sign" in § 348-2.3. Awning signs, where permitted, shall comply with the following provisions and any more specific regulations in this section:
(1)
An awning shall only be permitted in lieu of an allowed wall sign, except as permitted in Subsection B(5), below.
(2)
Sign letters shall be aligned with the lower edge of the awning
and shall not extend higher than the vertical flap or 1/5 of the arc
of the curve, whichever may be the case, but in no event shall the
lettering height exceed nine inches.
(3)
Company logos or symbols may be placed on the sloped portion
or upper curved area of the awning.
(5)
An awning sign that is part of an entrance canopy, where the long axis of the canopy is perpendicular to the face of the building, may be used in conjunction with a wall sign. The sides of the canopy may be lettered as permitted in Subsection B(2), above, except that any lettering shall be no higher than six inches. The end of a canopy that is parallel with the facade of the building shall be permitted a sign or symbol not exceeding 20 square feet in area.
C.
Changeable copy sign requirements. Changeable copy signs, where permitted,
shall comply with the following provisions and any more specific regulations
in this section:
(1)
Changeable copy signs shall be allowed only as an integral part
of a ground or wall sign, except as may otherwise be allowed in this
section. The area of a changeable copy sign shall be included in the
sign area calculation for the ground or wall sign and shall not exceed
30% of the total sign area, excepting movie theater marquee and variable
message signs.
(2)
Changeable copy signs shall not be permitted on temporary or
portable signage.
(3)
Copy shall not be changed more than once every 24 hours, excepting
advisable data displays. Changeable copy signs that are changed more
frequently shall be considered animated signs and are prohibited.
(4)
The maximum number of lines of changeable copy shall be four
lines, except for variable message signs.
(5)
The minimum height of changeable copy letters shall be four
inches.
(6)
No changeable copy sign, excepting advisory data signs, variable
message signs and fuel pricing signs, shall be changed by electronic
or electromechanical means.
(7)
Changeable copy signs that are variable message signs shall
adhere to the following standards and any other standards specific
to the zoning district in which they are permitted:
(a)
The variable message sign shall be equipped with a dimmer control
and a photocell which automatically adjusts the intensity of the display
in response to natural ambient light conditions;
(b)
The displayed message shall not change more frequently than
once per eight seconds. The sign shall only display static messages
and shall be changed instantaneously from one message to the next;
(c)
The sign shall be equipped with a default mode of operation
that turns the sign message entirely to black should a malfunction
in static image display, dimmer control and/or photocell occur.
(8)
Changeable copy signs that are for fuel pricing shall adhere
to the following additional standards and any other standards specific
to the zoning district in which they are permitted.
(a)
The fuel pricing sign shall be equipped with a dimmer control
and a photocell which automatically adjusts the intensity of the display
in response to natural ambient light conditions
(b)
The sign shall be equipped with a default mode of operation
that turns the sign message entirely to black should a malfunction
in static image display, dimmer control and/or photocell occur.
D.
Directional sign requirements. Directional signs shall comply with
the following requirements:
(1)
Directional signs for indicating the path of pedestrian or vehicular
traffic from a public street shall meet the following regulations:
(a)
Such signs may contain more than one commercial message and
may be illuminated.
(b)
The size of each sign shall not exceed four square feet and
exceed 2 1/2 feet in height.
(c)
The number of signs shall be limited to the number of driveway
or pedestrian walkway intersections with a public street or public
sidewalk, respectively.
(2)
Directional signs for indicating the path of pedestrian or vehicular
traffic internal to a site shall meet the following regulations:
(a)
The sign shall not be located within 20 feet of the tract perimeter.
(b)
The sign shall be ground, unless otherwise provided in this
section.
(c)
Such signs may contain more than one commercial message and
may be illuminated.
(d)
Any such sign shall not exceed 16 square feet in area or six
feet in height.
(e)
Such signs are intended for large retail, office park, research
and development, and institutional complexes but may be appropriate
in other circumstances as approved by the board of jurisdiction.
E.
Directory sign requirements. Directory signs shall comply with the
following requirements:
(1)
The sign shall be located within the site or complex so as to
allow motorists to leave the flow of traffic and safely read the directory;
or, shall be placed at the main entrance to a building.
(2)
The sign shall contain a site map or floor plan diagram, as
the case may be, indicating the location of the buildings or offices
listed on the directory.
(3)
Any such sign shall not exceed 12 square feet in sign area for
building mounted signs and 16 square feet in area for ground signs,
unless otherwise provided in this section.
(4)
A ground directory sign shall not exceed six feet in height.
(5)
Directory signs may contain more than one commercial message.
F.
Wall sign requirements. Wall signs, where permitted, shall comply
with the following provisions and the more specific regulations in
this section:
(1)
Size limitation. Unless otherwise modified herein, no wall sign
shall exceed 20% of the total facade area to which it is attached,
not to exceed 100 square feet. Additional limitations may apply in
specific zoning district.
(2)
One wall sign per building, or ground-level store in a shopping
center, shall be permitted. Where the building is located on a corner
lot, a second wall sign shall be permitted provided:
(4)
Bonus for individual letter sign types. The sign area limitations
may be increased by 10% when the message consists of individual letters
or symbols and by 20% when the message consists of individual backlighted
letters or symbols.
(5)
Construction of signs flat against buildings. Any sign attached
flat against the surface of a building shall be constructed of durable
material and attached securely to the building with rustproof metal
hardware. When a sign is to be installed on a masonry building, holes
shall be drilled in the masonry, and proper rustproof expansion bolts
shall be used. The use of wood or fiber plugs is prohibited.
(6)
Menu sign. Restaurants or other eating establishments may erect
one additional wall sign for the placement of a menu or other bill
of fare at the main entrance, provided the sign does not exceed six
square feet in area.
(7)
Murals are permitted on building walls of buildings located
in the RC, RHB, HB, GB, and GB-MF Zones, but shall not be considered
wall signs for the purpose of limiting the permitted area of the mural.
In order to qualify for consideration as a mural, it must not contain
advertising and it shall not identify the name of a business. Murals
shall be subject to the prior approval of the TR Community Arts Project,
Inc. (CAP) and Toms River Planning Board, and shall have a civic theme.
G.
Ground sign requirements. Ground signs, where permitted, shall comply
with the following provisions and any more specific regulations herein:
(1)
Unless otherwise modified, the following sign area limitations
and requirements shall apply to all ground signs (minimum letter height
shall apply to the primary message on the sign):
|
Table 1
Ground Sign Area
| ||||
|---|---|---|---|---|
|
No. of Travel Lanes
|
Posted Speed Limit
(miles per hour)
|
Maximum Sign Area
|
Minimum Letter Height
(inches)
| |
|
No Residential Use Abutting Side Yard or Across the Street
(square feet)
|
Residential Use Abutting Side Yard or Across the Street
(square feet)
| |||
|
2
|
0 to 25
|
15
|
10
|
5
|
|
26 to 45
|
35
|
20
|
8
| |
|
46+
|
75
|
50
|
12
| |
|
4
|
0 to 25
|
20
|
15
|
6
|
|
26 to 45
|
50
|
35
|
10
| |
|
46+
|
100
|
80
|
15
| |
|
6
|
26 to 45
|
65
|
40
|
11
|
|
46+
|
100
|
90
|
16
| |
(2)
Bonus for individual letter sign types. The sign area limitations
in Table 1 may be increased by 10% when the message consists of individual
letters or symbols and by 20% when the message consists of individual
backlighted letters or symbols.
(3)
No ground sign shall be permitted if the building line is less
than 30 feet from the street line, except that a ground identification
sign may be erected in lieu of a wall-mounted identification sign
on an establishment fronting Route 35 even if the building or structure
is set back less than 30 feet from the street right-of-way, provided
that the sign is not located within a sight triangle.
(4)
No ground sign shall block the view of any existing signs. All
signs shall be placed in a location which will allow sufficient reaction
time for drivers on the adjacent road(s) to safely exit the street
into the entrance to the site of the business or commercial use.
(5)
Ground signs shall be permitted only in the front yard.
(6)
No ground sign, excepting viewpoint expression (political) and
real estate signs, shall be directed towards a street from which the
property does not have direct access.
(7)
Ground signs shall not exceed a height of 10 feet unless otherwise
specified in this section.
(8)
Ground signs with pylons, where permitted, shall be skirted to enclose the supporting pole(s) or pylon(s) of the sign, except for signage otherwise regulated under Subsection J below. The skirting shall extend from ground to sign to not less than 50% of the full dimension of the lower edge of the sign. The skirting shall not be included in the sign size calculation unless it displays a message.
[Amended 7-13-2022 by Ord. No. 4752-22]
(9)
The base of the ground sign shall be liberally landscaped with
a combination of shrubs, ground cover, flowers, or other plant material.
H.
Projecting sign requirements. Projecting signs, where permitted,
shall comply with the following provisions and any more specific regulations
herein:
(1)
One projecting sign per frontage is permitted, provided that
the following conditions are met. All such signs must:
(a)
Clear the grade or sidewalk by at least eight feet.
(b)
Project no more than four feet from the building wall or 1/3
the width of the sidewalk, whichever is less.
(c)
Be clear of the wall to which it is attached by a minimum of
six inches.
(d)
Be attached to a building which is at least 20 feet in width
and be no closer than 40 feet to another then-existing projecting
sign unless either sign consists only of a logo, a symbol or a store
identification.
(e)
Project only at right angles to a wall.
I.
Off-premises sign requirements. Off-premises signs, where permitted,
shall comply with the size and locational limitations for ground signs,
unless otherwise modified.
J.
Downtown Business Improvement District signs. Signs within areas
zoned VO, VB, DS and VS and lying south of Route 37, east of the Garden
State Parkway, north of the Toms River and west of Lexington Avenue
and otherwise included within the Downtown Toms River Business Improvement
District shall comply with the requirements of this subsection, notwithstanding
the zoning district in which the property is located. The majority
of the background area of ground, wall and projecting signs, exclusive
of any letters, words or symbols, shall be earth tones or dark color.
Earth tone is a muted or flat color scheme that draws from a color
palette of browns, tans, grays, greens, whites and some reds, emulating
natural colors found in soil, moss, trees and rocks.
|
Table 2
| |||
|---|---|---|---|
|
Ground Sign
|
Height
|
Projecting Sign
|
Wall Sign Percentage of Signable Area
|
|
32 square feet
|
10 feet
|
6 square feet
|
40% but not to exceed 60 square feet
|
(1)
Wall signs.
(a)
Super graphic designs and wall signs, including "ghost signs"
painted on a building wall, are permitted. Murals are permitted, but
shall not be considered wall signs for the purpose of limiting the
permitted area of the mural. In order to qualify for consideration
as a mural, it must not contain advertising and it shall not identify
the name of a business. Murals shall be subject to the prior approval
of the TR BID and Toms River Planning Board, and shall have a historic
or civic theme.
 Figure 1: Example of a "ghost" sign, which is designed to be
antiqued and painted directly on brick or masonry walls.
|
(b)
External illumination is permitted.
(c)
Internally illuminated signs are prohibited. However, individual
letters of raceway-type signs may be internally illuminated, provided
the internally illuminated portion of the sign is limited to the business
name and logo.
(d)
Raceways must be painted or constructed so as to match the building
color or construction.
(e)
No wall sign may extend above the roofline.
(f)
Wall signs shall not exceed 18 feet in height and shall not
extend above the height of the facade to which it is attached.
(g)
Each establishment is limited to one wall sign on each side
of the building that is located on and faces a street, parking area
and/or vehicle circulation aisle.
(h)
The maximum area devoted to wall signs shall be separately applied
to each facade to which they are applied.
(i)
In multitenant buildings, the wall sign shall not extend beyond
the tenant's wall.
(2)
Ground signs.
(a)
Signs shall be placed on private property at least 15 feet from
the street curb and five feet from the sidewalk.
(b)
External illumination is permitted.
(c)
There shall be no internal illumination.
(d)
In order for a ground sign to be placed between a building and
the street, the building must be set back at least 20 feet from the
street right-of-way line it faces.
(e)
The sign must be at least 25 feet from a ground sign on an adjacent
property.
(f)
Notwithstanding other sight triangle provisions in this Code
to the contrary, signs located within 20 feet of a street curbline,
and for a distance 100 feet from an intersecting street curbline,
shall not occupy the space between 30 inches and 7.5 feet above the
ground. This prohibition does not apply to sign supports one foot
or less in diameter.
(3)
Window signs.
(a)
Lettering and logos, consisting of individual silk-screened,
vinyl, foil or painted lettering, may be applied directly to windows
and shall not exceed 25% of each such window area or 10 square feet,
whichever is less.
(b)
Business name, logo, credit card decals, and hours of operation
may be applied to the glass area of a door and shall not exceed 25%
of such glass area or five square feet, whichever is less.
(c)
Temporary signage for sales or promotions related to business use are permitted to be placed in the window area as long as the total signage in the window area does not exceed the standards set forth in Subsection J(3)(a) of this section. For the purposes of this subsection, signage shall be considered temporary if it is easily removable and is displayed for a maximum of 14 days for any particular promotion. Temporary signs shall not be electronic or internally illuminated.
(d)
In multitenant buildings, window signs may only be used for
the tenant with the window frontage. Nonresidential tenants located
above the first floor may place a sign in one of their windows on
each wall of the building indicating only the name of the nonresidential
use, subject to the sign not exceeding 25% of the window area or four
square feet, whichever is less.
(e)
For the purpose of this Code subsection only, window area shall
include the total area of all frame(s), sashes, and glass located
in the wall of a building. Glass area in a door shall not be considered
window area.
(4)
Prohibited signs:
(a)
Reader boards, changeable-letter signs, electronic displays
and similar devices.
(b)
Backlighted plastic or translucent signs.
(c)
Internally illuminated signs.
(d)
Neon light signs, outlines or borders.
(e)
Bare-bulb illumination.
(f)
Revolving, blinking, flashing, or sequential lighting.
(g)
Roof signs.
(h)
Pennants, pennant banners, streamers or balloons, except as
provided under "Special events."
(i)
Signs using items of information such as "Stop," "Slow," "Warning,"
or "Danger," except as may customarily be called for in the public
domain or as may otherwise be required by the approving authority
as a part of site plan review.
(j)
Fabric signs, with the exception of awning, special event, and
temporary window signs.
(5)
(7)
Awnings and awning signs.
(a)
Awnings shall not be supported from the ground.
(b)
Items of information on the vertical awning face parallel to
the street frontage is limited to lettering and one logo occupying
no more than 2/3 of the height of the awning vertical surface.
(c)
Items of information may also occupy up to 1/4 of slanted awning
surface.
(d)
Awnings may project up to six feet from the first floor wall
and have a maximum vertical height of four feet.
(e)
Awnings projecting into a public right-of-way must have prior
approval from the appropriate public entity.
(f)
Above the first floor, awnings are limited to cover the individual
window areas only.
(g)
Items of information such as lettering and logos may not exceed
the wall sign height limitation.
(h)
Internal illumination is prohibited.
(8)
Special signs for retail, restaurant and service businesses
only:
(a)
One cafe or restaurant menu as used on the table may be mounted
on the building neatly in a wood or metal frame covered by glass,
or applied to the inside of the window.
(b)
One chalkboard menu or sandwich board sign may be used by each
tenant at sites that do not have ground signs. The chalkboard or sandwich
board sign may be placed on the ground or sidewalk adjacent to the
building in front of the tenant space, but it shall not obstruct pedestrians.
Said sign must be framed black, white or green chalkboards with the
establishment name or logo permanently affixed and have a maximum
size of 24 inches by 36 inches; they are to be used only during the
establishment's business hours and stored indoors after hours. Signs
can only advertise or relate to the business on the premises.
(c)
Temporary signs for sidewalk sales and other promotions not
covered elsewhere herein shall be subject to the issuance of permits
for special events.
(d)
Removable window or door signs for operational information,
e.g., "Open," "Closed," "On Vacation," must be typed or professionally
lettered and no larger than one square foot in size.
(9)
Exempted signs. The following signs do not need a permit:
(a)
Building tenant directory wall signs up to a maximum size of
18 inches by 24 inches that do not project more than six inches from
the wall surface.
(b)
One real estate sign, limited in size to 12 square feet and four feet in height in all nonresidential zones within the TR BID. Said sign shall not be placed within the sight triangle area set forth in Subsection J(2)(f) of this section regulating the location of ground signs.
(c)
Temporary window signs.
(10)
Additional provisions.
(a)
Lettering style shall be limited to serif style, Souvenir Bold,
Caslon, Korinna, nonserif, Copperplate, Helvetica, or other style
approved by the special review board for the village area appointed
by resolution of Township Council.
(b)
Signs shall be removed within three months after the business
has ceased.
(11)
The Design Committee of the Downtown Toms River Business Improvement
District shall have the authority to review and approve or disapprove
signs. Approval shall only be given for signs that fully conform to
the provisions set forth herein. Variances or other deviations from
the provisions herein shall be heard by the Planning Board except
in the case of signs proposed in connection with a special reasons
variance, in which case any variances or deviations from these provisions
shall be heard by the Zoning Board of Adjustment.
K.
Signs permitted in the Village Office District. Signs erected in the Village Office Zone, other than as regulated in Subsection J herein, shall comply with the following provisions:
|
Table 3
| |||
|---|---|---|---|
|
Ground Sign
|
Height
|
Projecting Sign
|
Wall Sign Percentage of Signable Area
|
|
28 square feet
|
6 feet
|
Not allowed
|
Not allowed
|
(1)
No neon signs permitted.
(2)
No window signs permitted with the exception of small signs
on doors labeling the name of the business and informing pedestrians
of business hours.
(3)
Indirect lighting and backlighted signs permitted. Direct lighting
permitted, provided that fixtures are ground-mounted with adequate
shielding and/or landscaping.
(4)
No reader boards, changeable-letter signs, electronic display
signage nor similar type devices will be permitted.
(5)
A two-square-foot shingle shall be permitted on each wall of
the building.
(6)
Letter style, color, material and general design shall be in
keeping with the residential professional office neighborhood character.
L.
Additional standards for the signs permitted in the HB, RHB, LI,
I, and RC Zones.
(2)
An establishment having frontage on more than one street may
display signs on each frontage as if it had no other frontage.
(3)
Shopping centers and multiple use or joint occupancy of a site
or building.
(a)
If a site or building is shared by distinctly separate proprietorships
as in the case of a shopping center, each such establishment shall
be treated separately as to items of information and other factors.
This exception shall not apply to ground signs. Those premises having
in excess of 600 feet of frontage on a street shall be allowed an
additional ground sign for each 500 feet in excess of 100 feet, provided
that such signs are located at least 300 feet apart. Each ground sign
so provided for may contain up to seven items of information.
(b)
A shopping center of over 15 acres is permitted, per frontage,
one ground sign which exceeds by 50% the basic design element height
and area limitations at that location, provided that the items of
information on the sign are limited to the name of the center and
the names of attractions at theaters within the center, if any.
(c)
Wall signs shall conform to Subsection F and shall not exceed 100 square feet, whichever is less, excepting regional shopping malls.
(d)
Wall signs for regional shopping malls shall conform to Subsection F and the following requirements:
[1]
Where a principal use occupying at least 750 square
feet of segregated area has direct access from the outside, a wall
sign not exceeding 3% of the total wall area or 80 square feet in
area, whichever is less, shall be permitted.
[2]
Where a principal use in a regional shopping mall
exceeds 50,000 square feet of gross leasable area, the area of the
wall sign shall not exceed 5% of the total wall area or 400 square
feet, whichever is less. Such signs shall be permitted on up to three
elevations which face the parking lots of the regional shopping mall.
(e)
Changeable copy signage pursuant to Subsection C shall be permitted to be integrated into a ground sign otherwise permitted under Subsection L(3)(b) above for a theatre or live entertainment use in a regional shopping mall. Notwithstanding any other provision to the contrary, movie theatres shall be permitted the following:
(f)
Directional signs pursuant to Subsection D, except that ground directory signs internal to a regional shopping mall site may be up to 50 square feet in area and may be eight feet in height and may contain commercial messages for business with 50,000 square feet or more of gross leasable area.
(g)
Directory signs pursuant to Subsection E, except that at an enclosed entrance to a common access point in a regional shopping mall, the directory sign may be 50 square feet in area, either wall-mounted or ground, if such sign is located with 50 feet of such enclosed entrance.
(h)
One off-premises sign with a noncommercial message in lieu of
a ground sign.
(4)
Ground signs shall be set back from all property lines a minimum
distance of 15 feet.
(5)
New car and truck nationally franchised dealerships with at
least 400 feet of contiguous street frontage shall be permitted one
additional ground sign, pursuant to the size limitations of Table
1. The additional sign may be attached to the primary ground sign
or located on a second support structure.
(6)
Service stations shall also be permitted a changeable copy sign
on each fuel dispensing pump not to exceed three square feet in area
and on each ground sign not to exceed 18 square feet.
(7)
Fast-food restaurants with a drive-through facility shall be
permitted two menu signs. Any such sign shall not be legible from
the public right-of-way. The sign shall not exceed 60 square feet
in area and seven feet in height.
(8)
An A-frame sign for a tenant at a shopping center must conform
to the following:
(a)
The sign may be displayed only during business hours.
(b)
Each side of the sign may not exceed six square feet or five
feet in height.
(c)
The sign shall be located on the sidewalk in front of the store
to which it relates.
(d)
The design, materials and color of the sign and supporting frame
shall complement the building design and shall be consistent with
that of other A-frame signs at the shopping center, if applicable.
(e)
The location of the sign shall not interfere with pedestrian,
vehicular traffic or clear sight distance requirements.
(9)
Parking structures. Where there are multiple parking structures,
each structure may have one sign attached to each side, but not to
exceed four such signs on any one structure. Such sign shall be located
on a spandrel or stair tower and shall be limited to a single letter
or number, not exceeding 10 square feet in area. Directional signs
internal to the parking structure shall be permitted without limitation.
Each entrance and exit to a parking garage shall be marked with an
incidental sign attached to the facade of the structure. Each vehicular
entrance shall be marked with an incidental sign indicating the maximum
height of vehicles permitted to enter the structure. In the event
that a fee is charged for parking within the structure each vehicular
entrance shall be marked with a bill of fare, no less than six square
feet or more than 10 square feet in area, indicating at a minimum
the hours and rates applying thereto, the maximum charge, the operator
of the facility and an active telephone number in the event of a dispute
between the user and the operator.
M.
Exempted signs. The following described signs shall be exempted from
licensing and control if they contain seven or fewer items of information
and meet the specific requirements set forth below and the setback
requirements noted above in § 348-8.26A(3)(c). If the criteria
are met, no application need be made or license need to be obtained
to allow the erection of such signs. All signs which are not located
or designed to be seen from the right-of-way of a street or highway
or any vehicular circulation area shall also be exempt from the provisions
of this section. All signs which are located or designed to be seen
from the right-of-way of a street or highway and which are considered
exempted signs shall not exceed the sign area limitations for the
specified portion of the Township in which the sign is located.
(1)
Construction signs. One nonilluminated sign, not exceeding 40
square feet in area or eight feet in height, denoting the architect,
engineer, contractors or other participants in construction and owners
and future occupants, may be placed upon the property where the work
is under construction.
(2)
Directional signs. Signs not exceeding four square feet, containing
lettering not exceeding six inches in height and designed to direct
and inform the public as to entry, exit, service areas, loading or
special parking instructions or similar information, whether internally
lighted or not, are exempt. Moving directional lights are allowed
where required for safety reasons. Any such signs must be not less
than 10 feet from the street right-of-way and may not exceed 30 inches
in height within 25 feet of any access drive.
(3)
Government flags and historic markers. Any flag of the United
States of America, the State of New Jersey, the Township of Toms River,
any other governmental entity or any other religious, social, civic
or fraternal organization or group, and memorial or historic tablets,
information as to the name of a building, date of erection, special
description or other material of historic interest, when cut into
a masonry surface or constructed of bronze or other similar material
and not exceeding six square feet, shall be exempt.
(4)
Nameplates. One nameplate sign, as defined above, is allowed
per frontage, provided that it does not exceed two square feet in
size and is not illuminated by a total of more than 25 watts.
(5)
Political signs. Political signs shall be exempt for a period commencing 30 days prior to the election and five days subsequent to the election. All such political signs shall be subject to the requirements of § 427-3D(5), (6) and (7) and § 427-5 of the Code of the Township of Toms River, New Jersey.
(6)
Real estate signs. One nonilluminated sign per frontage shall
be exempt, provided that the same does not exceed 12 square feet and
four feet in height in residential areas, nor 32 square feet and eight
feet in height in all other zones. In residential areas, all real
estate signs must be removed no later than seven days after the closing
of the sale of the subject property.
(7)
Outdoor holiday decorations. Outdoor holiday decorations are
exempt, provided that they do not advertise a product or establishment.
(8)
Special events signs. Special events signs are exempt, provided
that the event advertised has been approved by the Zoning Officer,
and provided that the sign is not erected for a period longer than
30 days prior to the event. Special events signs must be removed no
later than seven days after the advertised event.
(9)
Subdivision sign. One nonilluminated sign advertising premises
under development shall be exempt, provided that the same does not
exceed 40 square feet in area nor eight feet in height.
(10)
Temporary window signs. Any window sign meeting the definition
of a temporary sign is exempt.
(11)
Traffic or other municipal signs. Any sign erected by the Township
of Toms River, County of Ocean or State of New Jersey or required
to be erected by law; and no-trespassing or no-hunting signs, provided
that the same do not exceed two square feet in area, are exempt.
(12)
Signs painted on or attached to motor vehicles or trailers or
other portable devices. Signs painted on or attached to motor vehicles
or trailers or other portable devices are exempt, provided that such
signs pertain to the function of the vehicle or to the business of
its owner. The parking or storing of these motor vehicles, trailers
or portable devices is prohibited, except:
(a)
Sites containing only residential uses may have one motor vehicle
with a gross weight of four tons or less if the occupant of the residence
owns the motor vehicle.
(b)
In all other sites, the parking or storing of these motor vehicles,
trailers or portable devices may be located:
[1]
In the side yard or rear yard as established by
the zoning designation where the subject property is located.
[2]
In the front yard as established by the zoning
designation where the subject property is located, if parking spaces
are approved for such uses by the Toms River Township Planning Board
or Zoning Board.
N.
Prohibited signs. No sign shall be constructed, reconstructed, erected
or maintained which:
(1)
Is located in the public right-of-way.
(2)
Offends public morals or decency.
(3)
Is an imitation of or resembles an official traffic sign.
(4)
By reason of its size, location, movement, content, coloring
or manner of illumination may be confused with or hide a traffic control
device.
(5)
Advertises or publicizes an activity, business, product or service which is itself not available on the site upon which the sign is located. The only exception to this prohibition shall be those signs which are provided for under Subsection C(7), Motorist information signs, Subsection C(9). Off-site subdivision signs, and § 348-9.23, Billboards, of Chapter 348, Land Use and Development Regulations.
(6)
Consists of streamers, propellers, pennants or other wind-activated
devices.
(7)
Is animated.
(8)
Is a snipe sign, a sandwich or a portable sign.
(9)
Obstructs motorist's view on ingress or egress.
(10)
Is unsafe in construction according to applicable structural
and electrical codes.
(11)
Is illuminated in such a manner that it produces glare sufficient
to be a safety hazard.
(12)
Violates the purpose, intent and specific regulations of this
section.
(13)
Is an air-supported or inflated sign.
Solid wastes from all uses other than single-
or two-family homes, if stored outdoors, shall be placed in metal
receptacles within a screened refuse area subject to the following
minimum standards:
B.
The refuse storage area shall be surrounded on three
sides by a solid uniform fence or wall not less than five feet nor
more than eight feet in height. Such fence shall be exempt from the
provisions of any ordinance of the Township of Toms River regulating
the height of fences and requiring permits therefor.[2]
[Amended 9-25-1991 by Ord. No. 2859-1]
C.
A five-foot minimum width landscaping area shall be
provided along the fence or wall enclosing the refuse storage area.
The landscaping to be provided shall be shown on the site plan submitted
for Planning Board approval.
D.
The container and solid uniform fence or wall comprising
the refuse area shall be painted subject to the approval of the Toms
River Township Planning Board's Architectural/Landscape Review Committee,
and the opening of said enclosure shall be located to minimize the
view of the refuse container(s) from adjoining properties or public
streets.
[Amended 12-26-1990 by Ord. No. 2781-90]
E.
If located within or adjacent to a parking area or
access drive, the enclosed refuse areas shall be separated from such
parking area or access drive by curbing.
F.
The enclosed refuse area shall not be located so as
to interfere with traffic circulation or the parking of vehicles.
G.
All refuse shall be deposited in containers maintained
within the refuse area. No containers shall be maintained anywhere
on a site except in a refuse area meeting these requirements.
H.
If outdoor storage of solid waste is not proposed,
the site plan submission shall detail the methods proposed for accommodating
solid waste within the structure. The Planning Board may require that
a suitable area be set aside, but not improved, for a future solid
waste storage area meeting these requirements even if indoor accommodations
for solid waste are proposed.
I.
*No refuse storage area shall be placed within 10
feet of any public right-of-way or any property line and shall conform
to the provisions for refuse storage areas in accordance with Ordinance
No. 2-80, Solid and Liquid Waste Code, of the Code of the Township
of Toms River.[3]
[Added 2-9-1982 by Ord. No. 2068; amended 9-25-1991 by Ord. No.
2859-91]
J.
All uses, other than single- or two-family dwellings,
shall provide adequate areas for the storage of mandatory recyclable
materials.
[Added 4-11-1990 by Ord. No. 2729-90]
K.
The base of the proposed refuse area shall provide
a means to reduce noise generated during the loading and unloading
of containers reserved for refuse and recyclable materials to the
extent as may be required by the Toms River Township Planning Board.
[Added 12-26-1990 by Ord. No. 2781-90]
[Added 12-13-2006 by Ord. No. 4060-06; amended 12-18-2007 by Ord. No. 4119-07]
A.
General requirements. All storm drainage facilities
shall be constructed in accordance with the applicable requirements
of the Standard Specifications. The developer or his engineer shall
submit complete calculations, specifications, plans and details for
all proposed storm drainage facilities. Any field samples or laboratory
tests required to document the conclusions of such calculations shall
be formed at the sole expense of the developer.
B.
Storm drain pipe.
[Amended 6-26-2018 by Ord. No. 4591-18]
(1)
All storm drains shall be tangent between inlets, manholes or
other structures, except that the use of fittings or factory-curved
or mitered pipe may be allowed by the Township Engineer when necessary
to accommodate existing geometry or utilities. Prior to laying any
storm drains, the bottom of all trenches shall be inspected by the
Township Engineer. Should the Township Engineer determine that the
trench is unsuitable for placement of the pipe, the developer shall
take all necessary action to remove or eliminate any unsuitable conditions.
These may include, but are not limited to, excavation and backfilling
with suitable material, placement of bedding material, construction
of pipe cradles or such other action necessary to remove all unsuitable
conditions. Proposed storm drainage installations which do not conform
to the above must be fully detailed and approved as part of the final
plat.
(2)
Materials used in the construction of storm sewers shall be
constructed of reinforced concrete, ductile iron, corrugated polyethylene,
or corrugated polypropylene or, when approved by the municipal engineer,
corrugated metal. The most cost-effective materials shall be permitted
that conform to local site conditions and reflect the relevant operations,
maintenance, and system character of the municipal stormwater system.
In unpaved areas, design engineers shall have the option to use inline
drains and catch basins made from polyvinyl chloride (PVC). Installation
shall conform to manufacturers' specifications. Specifications referred
to, such as ASTM or AWWA, shall be the latest revision in effect at
the time of application.
(a)
The following apply to reinforced concrete pipe:
[1]
Circular reinforced concrete pipe and fittings
shall meet the requirements of ASTM C76.
[2]
Elliptical reinforced concrete pipe shall meet
the requirements of ASTM C507.
[3]
If rubber gaskets are used for circular pipe, the
joint design and joint material shall conform to ASTM C443.
[4]
If external sealing bands are used for joints for
elliptical pipe, they shall conform to ASTM C877.
[5]
Mortar joints shall conform to Sections 602.05
and 914.03 of the New Jersey Department of Transportation's "Standard
Specifications for Road and Bridge Construction," incorporated herein
by reference, as amended and supplemented.
[6]
All pipe shall be Class III, minimum, unless loading
conditions call for stronger pipe (that is, higher class).
[7]
The minimum depth of cover over the concrete pipe
shall be as designated by the American Concrete Pipe Association in
Table 7.4 below as follows:
|
Table 7.4
| ||
|---|---|---|
|
Minimum Depth of Coverage Over Concrete Pipe
| ||
|
Pipe Diameter
(in inches)
|
ASTM Class Pipe
|
Minimum Cover
(surface to top of pipe in inches)
|
|
III
|
17
| |
|
12
|
IV
|
12
|
|
V
|
7
| |
|
III
|
16
| |
|
15
|
IV
|
11
|
|
V
|
7
| |
|
III
|
16
| |
|
18
|
IV
|
10
|
|
V
|
6
| |
|
III
|
15
| |
|
24
|
IV
|
6
|
|
V
|
6
| |
|
III
|
10
| |
|
30
|
IV
|
6
|
|
V
|
6
| |
|
36 and above
|
III
|
6
|
|
IV
|
6
| |
|
Minimum depth of coverage as designated by the American Concrete
Pipe Association.
|
[8]
Minimum depth of cover standards for ductile iron
and corrugated polyethylene pipe shall conform to manufacturer standards.
(b)
Ductile iron pipe shall conform to ANSI/AWWA C151/A21.51. Joints
shall conform to ANSI/AWWA C111/A21.11 or ANSI/AWWA C115/A21.15 as
appropriate. Pipe shall be designed in accordance with ANSI/AWWA C150/A21.50.
The outside of the pipe shall be coated in accordance with ANSI/AWWA
C151/A21.51, and the inside lined in accordance with ANSI/AWWA C104/A21.4.
Ductile iron pipe shall be installed in accordance with AWWA C600.
(c)
Corrugated polyethylene pipe shall conform to AASHTO M252 for
three inches through 10 inches and AASHTO M294 for size 12 inches
and larger. All pipes greater than 12 inches in diameter shall be
Type S, unless conditions dictate otherwise. Materials shall conform
to ASTM D3350, "Standard Specification for Polyethylene Plastics Pipe
and Fittings Materials." Pipe joints and fittings shall be compatible
with the pipe material and shall conform to the same standards and
specifications as the pipe material. Pipe couplers shall not cover
less than one full corrugation on each section of pipe. Installation
shall be in accordance with ASTM D2321, "Standard Practice for Underground
Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow
Applications." Backfill material shall be placed in six-inch lifts
and compacted to 95% minimum dry density, per AASHTO T99. In areas
of high groundwater tables, design engineers shall check for flotation.
(d)
Corrugated polypropylene pipe shall conform to ASTM D4101, "Standard
Specification for Polypropylene Injection and Extrusion Materials."
Polypropylene pipe and fittings shall conform to ASTM F2764 or ASTM
F2736, depending on size. Pipe joints and fittings shall be compatible
with this material and conform to the same standard. Installation
shall be in accordance with ASTM D2321, "Standard Practice for Underground
Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow
Applications." Backfill material shall be placed in six-inch lifts
and compacted to 95% minimum dry density per AASHTO T99. In areas
of high groundwater tables, design engineers shall check for flotation.
(e)
Corrugated metal pipe, when approved by the municipal engineer.
C.
Inlets and manholes. Inlets and manholes shall be
constructed, where required, in accordance with the requirements of
the Standard Specifications and Standard Construction Details.
D.
Headwalls. All pipe terminations shall be provided
with poured-concrete headwalls, precast-concrete end sections or corrugated-metal
end sections in accordance with the approved final plat. Poured-concrete
headwalls shall be wing-type headwalls with aprons in accordance with
the Standard Construction Details.
E.
Inlet and manhole location.
(1)
In continuous conduit runs, spacing between
structures (inlets or manholes) shall not exceed 600 feet.
(2)
Structures (inlets or manholes) shall be located
so as not to interfere with primary routes of pedestrian travel or
any proposed handicapped ramp or similar facility.
(3)
In general, surface flow length, for flows of
four or more cubic feet per second, on paved surfaces shall not exceed
750 feet, provided that:
(a)
Gutter flow widths on local and local collector
streets shall not exceed 11 feet or such narrower width as may be
necessary to provide a twelve-foot-wide clear lane in the center of
the roadway.
(b)
Gutter flow widths on minor collector streets
shall not exceed nine feet or such narrower width as may be necessary
to provide two twelve-foot-wide clear lanes in the center of the roadway.
(c)
Gutter flow widths on major collector streets
without shoulders shall not exceed five feet or such narrower width
as may be necessary to provide four ten-foot-wide clear lanes in the
center of the roadway.
(d)
Gutter flow widths on minor and principal arterial
streets and major collector streets with shoulders shall be retained
within the shoulder areas.
(e)
Swale gutter flow widths in parking areas shall
not exceed 12 feet.
(5)
Only Type B inlets shall be used in curbed roadways
or curbed access or major circulation drives.
(6)
Generally, sufficient inlets will be placed
to eliminate any flow exceeding two cubic feet per second across any
intersections.
(7)
Parking areas may be designed to allow ponding in order to decrease intensity of runoff. In such case, ponding will not be allowed in any access or major circulation drive or in any area of heavy pedestrian activity and shall not exceed six inches at any point calculated for the appropriate design storm in accordance with Subsection H(1) and shall meet the criteria set forth in Subsection H(11).
F.
Type of inlets and manholes. All curb inlets shall
be New Jersey Department of Transportation Standard Type B and all
yard inlets shall be Standard Type E; all manholes shall be New Jersey
Department of Transportation standard four-foot diameter, unless a
larger diameter is necessary. Casting heights on curb inlets shall
be two inches greater than the specified curb face, and the gutter
shall be properly transitioned approximately 10 feet on either side
of the inlet.
G.
Open channels.
(1)
Open channels shall be designed to contain the
required flow and shall have a design velocity low enough, in the
judgment of the Planning Board Engineer, to prevent erosion. The minimum
easement for open channel sections shall be the maximum design top
width of the channel section segment plus 25 feet rounded to the next
highest five-foot increment. The excess easement area shall be provided
offset to that side of the channel most convenient for use by maintenance
crews. The minimum distance between the channel top edge and any easement
line shall be five feet. Excess velocity, if any, as determined by
the Planning Board Engineer, in open channels must be controlled by
sod, riprap, paving, ditch checks or other suitable methods. Changes
of direction in open channels must have a maximum radius of 800 feet
or be adequately paved or riprapped.
(2)
Generally, unlined open channel cross sections
shall have side slopes not steeper than 4:1 for channel depths of
two feet or less and not steeper than 8:1 for channel depths of more
than two feet. Lined open channel side slopes shall not be steeper
than 2:1.
(3)
The bottoms of all unlined open channels and
the channel side slopes, to at least the design flow level, will be
sodded with suitable coarse grass sod.
(4)
All unlined open channel side slopes above the
design minimum flow level will be topsoiled and seeded or otherwise
suitably stabilized in accordance with an approved soil disturbance
permit.
(5)
All unlined open channels which can be expected
to have a base flow of five cubic feet per second or more for at least
two out of every 12 months will be provided with a low flow channel
using gabions, riprap, lining, one-third pipe sections or other arrangements
approved as part of the final plat submission.
H.
Minimum basis for calculations.
(1)
Design storm frequency.
(a)
For closed conduits: five years; or if the above
results in a conduit size at least equivalent to a twenty-one-inch
reinforced-concrete pipe, then 10 years; or if the above results in
a conduit size at least equivalent to a thirty-inch reinforced-concrete
pipe, then 25 years; or if the above results in a conduit size at
least equivalent to a fifty-four-inch reinforced-concrete pipe, then
50 years.
(b)
For open channels: 10 years; of if the tributary
area exceeds 50 acres, then 25 years; or if the tributary area exceeds
250 acres, then 50 years. The flooding limits for storms with a return
period of twice the design storm shall be determined for all open
channels. Such limits shall be the drainage or conservation easements
delineated on the plat.
(c)
For detention facilities: a twenty-four-hour
flood with a return period not less than 50 years or, if the tributary
area exceeds 50 acres, then 100 years.
(d)
For retention facilities: double the capacity
obtained by applying the requirements for detention facilities.
(e)
For gutter flow calculations: 10 years for local,
local collector and minor collector streets, 25 years for major collectors
and minor arterials and 50 years for principal arterials.
(2)
Runoff calculations. Runoff determinations should
be made using the rational formula or, in unusual cases, other methods
with the prior approval of the Planning Board. Upstream areas should
be considered based on their full development potential according
to current zoning or the current use, whichever produces the greatest
runoff. Runoff coefficients used should generally fall in the following
ranges:
|
Classification Fully Developed
|
Range of Coefficient
| |
|---|---|---|
|
Public parks, open space and land conservation
|
0.15 - 0.30
| |
|
Low-density residential
|
0.30 - 0.45
| |
|
Medium-density residential
|
0.40 - 0.60
| |
|
High-density residential
|
0.55 - 0.70
| |
|
Commercial and industrial
|
0.60 - 0.90
| |
|
Pavements, roadways, shoulders
|
1.00
|
(3)
Velocity restriction.
(a)
In general, velocities in closed conduits at
design flow should be at least two feet per second but not more than
that velocity which will cause erosion damage to the conduit. In general,
velocities in open channels at design flow shall not be less than
one-half-foot per second and not greater than that velocity which
will begin to cause erosion or scouring of the channel. For unlined
earth channels the maximum velocity allowed will be two feet per second.
For other channels sufficient design data and soil tests to determine
the character of the channel shall be made by the developer and shall
be made available to the Planning Board at the time of drainage review.
(b)
At transitions between closed conduits and open
channels or different types of open channels, suitable provisions
must be made to accommodate the velocity transitions. These provisions
may include riprapping, gabions, lining, aprons, chutes and checks,
or others, all suitably detailed and approved as part of the final
plat submission. For all flow of 40 cubic feet per second or more,
tailwater depth and velocity calculations shall be submitted.
(4)
Design formulas and friction factors. In general,
the Manning formula will be used by the Planning Board to review the
adequacy of proposed drainage facilities. Other formulas may be used
in particular cases with the previous agreement of the Board. A friction
factor (n) of 0.012 will be used for nonporous concrete pipe; a factor
of 0.020 will be used for fully coated corrugated-metal pipe with
paved invert. Commensurate factors will be used for other pipe types
or shapes. A friction factor (n) of not less than 0.012 will be used
for fully lined concrete channels; a factor of not less than 0.025
will be used for good earth channels; and a factor of not less than
0.100 will be used for fair to poor natural streams and watercourses.
Commensurate factors will be used for other channel types.
(5)
All drainage facilities carrying runoff from
tributary areas larger than 1/2 square mile must have the approval
of the New Jersey Division of Water Policy and Supply.
(6)
All encroachments of natural waterways must
be referred to the New Jersey Division of Water Policy and Supply
for approval in accordance with statute. The state may retain jurisdiction,
in which case a permit will be necessary as set forth above, or may
refer the matter to the County Engineer for review.
(7)
All nonpipe culverts shall be designed for AASHO
H20-44 loading. All culverts of any type shall be carried to the roadway
right-of-way and shall terminate with headwalls or other approved
end treatment. All conduits terminating or beginning in open channels
shall be provided with headwalls or other appropriate end treatment.
(8)
Guardrails and/or railings shall be placed at
all drainage structures where the interests of pedestrian or vehicular
safety would dictate. The Planning Board may require that any open
channel, other than naturally occurring streams, be fenced with chain
link fencing 48 inches high if the banks of the channel are steeper
than one foot vertically for every four feet horizontally and either
the total depth of the channel exceeds four feet, or the channel would
be expected to have a depth of flow greater than two feet more often
than once every 10 years. For maintenance purposes, gates may be required
by the Planning Board at approximately two-hundred-foot intervals.
(9)
Storm drainage systems shall be designed to
include not only the proper drainage of the actual area of the specific
development and the area tributary thereto but shall also include
the disposal of the stormwater runoff to an adequate outlet or other
means of final disposal of the stormwater, such as an ocean, river,
running stream, lagoon or an existing adequate storm sewer.
(10)
The use of siltation and oil separation basins
with controlled outflows will be required to prevent pollution of
waterways when discharge is into a lagoon, bay or other standing body
of water.
(11)
Whenever sump conditions occur, an analysis
shall be made of the effect of the occurrence of a major storm having
at least a one-hundred-year return frequency. The effect of such storm
and the flooding limits anticipated shall be shown. Site design, grading
and drainage shall anticipate such major storm and be so arranged
as to prevent damage to existing or proposed structures or adjacent
properties under such conditions.
I.
Special drainage provisions.
(1)
The existing system of natural drainage within
each development shall be preserved to the maximum extent possible.
To this end, the Board may require the preservation of natural drainage
swales, recharge areas, wet weather ponds and similar features and
may require suitable drainage and conservation easements and possible
increases in lot size to allow usable lots with the preservation of
such features.
(2)
Subject to review and approval by the Board,
the design of the development may be modified to take advantage of
the natural drainage features of the land. In such review, the Board
will use the following criteria:
(a)
The utilization of the natural drainage system
to the fullest extent possible.
(b)
The maintenance of the natural drainage system
as much as possible in its unimproved state.
(c)
When drainage channels are required, wide shallow
swales with natural vegetation will be preferred to other sections.
(d)
The construction of flow-retarding devices,
detention areas and recharge berms to minimize runoff value increases.
(e)
Maintenance of the base flow in streams, reservoirs
and ponds.
(f)
The reinforcement, improvement and/or extension
of the natural drainage system to such an extent as is necessary to
eliminate flooding and excess maintenance requirements.
(3)
All developments or portions of total schemes
of development which, based upon the preliminary plat submission,
total 15 or more acres will be expected, to the extent that the Board
considers possible, to limit the total stormwater runoff from the
site after development to not more than 115% of the runoff from the
site in its undeveloped state. The utilization of the provisions of
this section to limit such runoff are encouraged. However, the Board
may require the use of reasonable artificial methods of detention
and/or recharge if it determines that natural provisions are not feasible.
The Board may waive the provisions of this section if the nature of
the development, the character of adjacent previously developed areas
or other factors make the utilization of natural drainage features
or runoff-limiting devices inadvisable or impractical.
J.
Ownership/dedication of storm drainage facilities.
[Added 2-15-2005 by Ord. No. 3931-05; amended 12-27-2006 by Ord. No.
4062-06; 10-10-2017 by Ord. No. 4557-17]
(1)
Single-family/two-family residential subdivisions and multifamily
residential developments.
(a)
All storm drainage facilities constructed and/or located within single- or two-family residential subdivisions and within multifamily residential developments shall be conveyed by the developer to a homeowners' association prior to the release of all performance bonds and/or other guarantees required by Article VII of this chapter; subject, however, to the obligations of the developer to post a satisfactory maintenance guaranty pursuant to § 348-7.9 of this chapter. A note referencing this proposed conveyance shall be included on the subdivision plat or the approved site plan, as the case may be.
(b)
Prior to the conveyance of the storm drainage facilities, said
facilities shall be inspected and approved by the Township Engineer
or his designee.
(c)
Any and all stormwater detention or retention basins, ponds
or similar structures shall not be incorporated within any lot which
is to contain a residential structure but shall be situated on a separate
stormwater management lot which is to be conveyed to a homeowners'
association. This stormwater management lot shall not be required
to meet the minimum bulk requirements of the Township Zoning Ordinance
but shall have adequate road frontage to ensure adequate accessibility
and shall be so configured so as to facilitate the future reconstruction,
maintenance and/or repair of the facilities located thereon. The size,
location, configuration and degree of road frontage of said stormwater
management lot shall be subject to the approval of the Township Engineer
or his designee.
(d)
All other storm drainage pipes, culverts, swales, manholes,
culverts, inlets and other drainage facilities shall be dedicated
to the Township. These facilities shall either be located within dedicated
public rights-of-way or within dedicated easements. The location,
size and configuration of the dedicated easements shall be shown on
the subdivision plat or site plan and shall be subject to the review
and approval of the Township Engineer or his designee. Further, the
developer shall prepare a deed of easement which shall contain a metes
and bounds description of the dedicated easement. Said deed of easement
shall be reviewed and approved by the Attorney for the Planning Board
or Board of Adjustment, as the case may be, and the Township Engineer
or his designee. Upon approval, said deed of easement shall be filed
with the Ocean County Clerk simultaneously with the subdivision plat
or prior to the signing of the site plan.
(e)
Prior to and as a condition of the filing of the subdivision
plat with the Ocean County Clerk or prior to the signing of the site
plan, the developer shall establish a homeowners' association and
provide all documentation thereof in a format that is acceptable to
the Township Attorney and the Township Engineer.
(2)
Nonresidential subdivisions, commercial and/or industrial developments.
All storm drainage facilities constructed and/or located within nonresidential
subdivisions or associated with commercial and/or industrial developments
shall not be dedicated to the Township. The repair, construction and/or
maintenance of such facilities shall remain the responsibility of
the developer and all subsequent owners of the subject property. All
proposed drainage facilities shall, however, meet all standards of
this chapter and shall be subject to the review and approval of the
Planning Board, the Board of Adjustment or the Township Engineer,
as the case may be. Notwithstanding this provision, the developer
shall grant to the Township an easement permitting the Township to
enter upon the subject property to repair, reconstruct and/or maintain
such private drainage facilities in the event of a default by the
developer or any subsequent owner to so repair, reconstruct and/or
maintain said drainage facilities. Said easement shall provide that
the Township shall have the right but not the obligation to enter
onto the subject property to perform all acts necessary to repair,
reconstruct and/or maintain such facilities. Said easement shall further
provide that in such an event the Township shall assess the developer
or the subsequent owner a sum equal to 120% of the actual costs incurred
by the Township relating to the repair, reconstruction and/or maintenance
of said facilities and reasonable attorney fees and court costs. The
rights of the Township shall be enforceable in a court of competent
jurisdiction. The form of said easement shall be reviewed and approved
by the Attorney for the Planning Board, Board of Adjustment and by
the Township Engineer or his designee. Upon approval, said easement
shall be recorded by the developer with the Ocean County Clerk prior
to the signing of the approved site plan or issuance of a building
permit, as the case may be.
[Added 12-13-2006 by Ord. No. 4060-06; amended 12-18-2007 by Ord. No. 4119-07; 12-12-2017 by Ord. No. 4562-17; 8-25-2020 by Ord. No. 4677-20; 5-11-2021 by Ord. No.
4697-21]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for major development, as defined below in Section II. It is also the purpose of this section to provide for the incorporation of nonstructural and/or low-impact techniques for improvements requiring site plan approval for development in an urban redevelopment area involving disturbance of less than one acre (not major development as defined in Subsection B.
(3)
Applicability.
(a)
This section shall be applicable to the following major developments:
[1]
Nonresidential major developments; and
[2]
Aspects of residential major developments that
are not preempted by the Residential Site Improvement Standards at
N.J.A.C. 5:21.
[3]
Site plans for nonresidential development in an
urban redevelopment area, as defined in this section, involving a
disturbance of less than one acre, subject to a determination by the
Township Engineer pursuant to Subsection D(5)(a) of this section.
For purposes of this section, the incorporation of the following will
meet this requirement:
[a]
Incorporation of roof drainage directly to dry
wells, rain barrels or planting beds;
[b]
Intercept runoff from driveways draining onto public
roads or rights-of-way and direct into landscape strips, bioswales
or rain gardens.
[c]
Direct runoff from parking lots into landscape
strips, bioswales or rain gardens.
(b)
This section shall also be applicable to all major developments
undertaken by Toms River Township.
(4)
Compatibility with other permit and ordinance requirements.
(a)
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(b)
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
B.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
coastal planning areas, CAFRA Centers, CAFRA Cores, and CAFRA Nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Commissioners to review
municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
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 structure, 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 is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. In the case of development of agricultural land,
"development" means any activity that requires a state permit, any
activity reviewed by the County Agricultural Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
in consultation and conjunction with the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in:
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (1)(a), (b), or (c) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope-grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, Township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, groundwaters
or surface waters of the state, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
C.
Design and performance standards for stormwater management measures.
(1)
Stormwater management measures for major development shall be
designed to provide erosion control, groundwater recharge, stormwater
runoff quantity control, and stormwater runoff quality treatment as
follows:
(a)
The minimum standards for erosion control are those established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq., and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.
(2)
Stormwater management measures shall avoid adverse impacts of
concentrated flow on habitat for threatened and endangered species
as documented in the Department's Landscape Project or Natural Heritage
Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150,
particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergi
(bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18):
(a)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
(4)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17) and (18) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17) and (18) that were not achievable on-site.
(5)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), (16), (17) and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://njstormwater.org/bmp_manual2.htm.
(6)
Where the BMP tables in the NJ Stormwater Management Rule are
different due to updates or amendments with the tables in this section,
the BMP tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation From Seasonal High Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
[Notes corresponding to annotations (a) through (g) are found at the end of Table
3.]
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
With a Waiver or Variance From N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation From Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
[Notes corresponding to annotations(b) through (d) are found at the end of Table
3.]
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
Only With a Waiver or Variance From N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation From Seasonal High Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
NOTES TO TABLES 1, 2, AND 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b).
|
|
(b)
|
Designed to infiltrate into the subsoil.
|
|
(c)
|
Designed with underdrains.
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
|
(e)
|
Designed with a slope of less than 2%.
|
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at Subsection B.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B.
|
(7)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of green infrastructure at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).
(8)
Whenever the stormwater management design includes one or more
BMPs that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(9)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3);
(c)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion-resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and
(e)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(10)
Manufactured treatment devices may be used to meet the requirements of this subsection, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B may be used only under the circumstances described at Subsection D(15)(d).
(11)
Any application for a new agricultural development that meets the definition of major development at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D(15), (16), (17) and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(12)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(13)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16), (17) and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(14)
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of the County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(13) above.
(15)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).
(16)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and
performance standards for groundwater recharge as follows:
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[1]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual preconstruction groundwater recharge volume
for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from preconstruction
to post-construction for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection D(16)(d) below.
(d)
The following types of stormwater shall not be
recharged:
[1]
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied, areas where pesticides are loaded/unloaded or
stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with Department-approved remedial action
work plan or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
[2]
Industrial stormwater exposed to source material.
"Source material" means any material(s) or machinery, located at an
industrial facility, that is directly or indirectly related to process,
manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater.
Source materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
(17)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and
performance standards to control stormwater runoff quality impacts
of major development. Stormwater runoff quality standards are applicable
when the major development results in an increase of 1/4 acre or more
of regulated motor vehicle surface.
(b)
Stormwater management measures shall be designed
to reduce the post-construction load of total suspended solids (TSS)
in stormwater runoff generated from the water quality design storm
as follows:
[1]
Eighty percent TSS removal of the anticipated load,
expressed as an annual average shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of
rainfall in two hours. Water quality calculations shall take into
account the distribution of rain from the water quality design storm,
as reflected in Table 4, below. The calculation of the volume of runoff
may take into account the implementation of stormwater management
measures.
|
Table 4
| |||||
|---|---|---|---|---|---|
|
Water Quality Design Storm Distribution
| |||||
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04500
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(e)
If more than one BMP in series is necessary to
achieve the required 80% TSS reduction for a site, the applicant shall
utilize the following formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
Total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
The TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
The TSS percent removal rate applicable to the second BMP.
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(16), (17) and (18).
(g)
In accordance with the definition of FW1 at N.J.A.C.
7:9B-1.4, stormwater management measures shall be designed to prevent
any increase in stormwater runoff to waters classified as FW1.
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-4.1(c)1 establish 300-foot riparian zones along Category One
waters, as designated in the surface water quality standards at N.J.A.C.
7:9B, and certain upstream tributaries to Category One waters. A person
shall not undertake a major development that is located within or
discharges into a 300-foot riparian zone without prior authorization
from the Department under N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules
at N.J.A.C. 7:13-11.2(j)3i, runoff from the water quality design storm
that is discharged within a 300-foot riparian zone shall be treated
in accordance with this subsection to reduce the post-construction
load of total suspended solids by 95% of the anticipated load from
the developed site, expressed as an annual average.
(j)
This stormwater runoff quality standards do not
apply to the construction of one individual single-family dwelling,
provided that it is not part of a larger development or subdivision
that has received preliminary or final site plan approval prior to
December 3, 2018, and that the motor vehicle surfaces are made of
permeable material(s) such as gravel, dirt, and/or shells.
(18)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and
performance standards to control stormwater runoff quantity impacts
of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the preconstruction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the
post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50%, 75% and 80%, respectively, of the preconstruction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(18)(b)[1], [2] and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall
be applied at the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
E.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated in accordance with the
following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
[1]
The USDA Natural Resources Conservation Service
(NRCS) methodology, including the NRCS Runoff Equation and Dimensionless
Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part
630, Hydrology National Engineering Handbook, incorporated herein
by reference as amended and supplemented. This methodology is additionally
described in Technical Release 55 - Urban Hydrology for Small Watersheds
(TR-55), dated June 1986, incorporated herein by reference as amended
and supplemented. Information regarding the methodology is available
from the Natural Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE
DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture
Natural Resources Conservation Service, 220 Davison Avenue, Somerset,
New Jersey 08873; or
[2]
The Rational Method for peak flow and the Modified
Rational Method for hydrograph computations. The rational and modified
rational methods are described in "Appendix A-9 Modified Rational
Method" in the Standards for Soil Erosion and Sediment Control in
New Jersey, January 2014. This document is available from the State
Soil Conservation Committee or any of the Soil Conservation Districts
listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone
number for each Soil Conservation District is available from the State
Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625.
The document is also available at http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection E(1)(a)[1] and the Rational and Modified Rational Methods at Subsection E(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(2)
Groundwater recharge may be calculated in accordance with the
following: The New Jersey Geological Survey Report GSR-32, A Method
for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated
herein by reference as amended and supplemented. Information regarding
the methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf;
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
F.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the Department's website at http://www.nj.gov/dep/stormwater/bmpmanual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Department's
website at https://www.njstormwater.org/maintenanceguidance.htm.
(2)
Submissions required for review by the Department should be
mailed to: The Division of Water Quality, New Jersey Department of
Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
G.
Solids and floatable materials control standards. Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see Subsection G(1)(b) below.
(1)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inches across the smallest dimension. Examples of grates
subject to this standard include grates in grate inlets, the grate
portion (non-curb-opening portion) of combination inlets, grates on
storm sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
(2)
The standard in Subsection G(1)(a) above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end-of-pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[1]
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[2]
A bar screen having a bar spacing of 0.5 inch.
[3]
Note that these exemptions do not authorize any
infringement of requirements in the Residential Site Improvement Standards
for bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
H.
Safety standards for stormwater management basins.
(1)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(2)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b) and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no
greater than six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely
affect the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean trash
rack is not to exceed 2.5 feet per second under the full range of
stage and discharge. Velocity is to be computed on the basis of the
net area of opening through the rack; and
[4]
The trash rack shall be constructed of rigid, durable,
and corrosion-resistant material and designed to withstand a perpendicular
live loading of 300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
[1]
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than
two inches across the smallest dimension.
[3]
The overflow grate shall be constructed and installed
to be rigid, durable, and corrosion-resistant, and shall be designed
to withstand a perpendicular live loading of 300 pounds per square
foot.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a freestanding outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than three horizontal to one vertical.
(4)
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
(5)
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
I.
Requirements for site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection I(3) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site development stormwater plan approval. The applicant's site
development project shall be reviewed as a part of the review process
by the municipal board or official from which municipal approval is
sought. That municipal board or official shall consult the municipality's
review engineer to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this section.
(3)
Submission of site development stormwater plan. The following
information shall be required:
(a)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(c)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
Total area to be disturbed, paved or built upon,
proposed surface contours, land area to be occupied by the stormwater
management facilities and the type of vegetation thereon, and details
of the proposed plan to control and dispose of stormwater.
[2]
Details of all stormwater management facility designs,
during and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection D of this section.
[2]
When the proposed stormwater management control
measures depend on the hydrologic properties of soils or require certain
separation from the seasonal high water table, then a soils report
shall be submitted. The soils report shall be based on on-site boring
logs or soil pit profiles. The number and location of required soil
borings or soil pits shall be determined based on what is needed to
determine the suitability and distribution of soils present at the
location of the control measure.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection I(3)(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
J.
Maintenance and repair.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the NJ BMP Manual,
as well as the tasks specific to the type of BMP, as described in
the applicable chapter containing design specifics.
(c)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(d)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(e)
If the party responsible for maintenance identified under Subsection J(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated linings.
(g)
The party responsible for maintenance identified under Subsection J(2)(c) above shall perform all of the following requirements:
[1]
Maintain a detailed log of all preventative and
corrective maintenance for the structural stormwater management measures
incorporated into the design of the development, including a record
of all inspections and copies of all maintenance-related work orders;
[2]
Evaluate the effectiveness of the maintenance plan
at least once per year and adjust the plan and the deed as needed;
and
(i)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person, in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(3)
Nothing in this subsection shall preclude the municipality in
which the major development is located from requiring the posting
of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53.
K.
Penalties. Any person(s) who erects, constructs, alters, repairs,
converts, maintains, or uses any building, structure or land in violation
of this section shall be subject to the following penalties: A fine
of $2,000 per violation.
L.
Severability. Each section, subsection, sentence, clause and phrase
of this section is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this section to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
section.
M.
Effective date.
(1)
All ordinances or parts of ordinances which are inconsistent herewith are repealed, but only to the extent of such inconsistency. All other parts of Chapter 348 of the Code of the Township of Toms River not inconsistent herewith remain in full force and effect.
(2)
If any part or parts of this section are for any reason held
to be invalid, such adjudication shall not affect the validity of
the remaining portions of this section.
(3)
This section shall take effect following its final passage by
the Township Council, approval by the Mayor, and 20 days after publication
as required by law.
[Added 6-14-2011 by Ord. No. 4313-11]
A.
Purpose. This section requires the retrofitting of existing storm
drain inlets which are in direct contact with repaving, repairing,
reconstruction, or resurfacing or alterations of facilities on private
property, to prevent the discharge of solids and floatables (such
as plastic bottles, cans, food wrappers and other litter) to the municipal
separate storm sewer system(s) operated by the Township of Toms River
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
B.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORM DRAIN INLET
WATERS OF THE STATE
Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township of Toms River or other public body, and is designed
and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
The ocean and its estuaries, all springs, streams and bodies
of surface- or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
C.
Prohibited conduct. No person in control of private property (except
a residential lot with one single-family house) shall authorize the
repaving, repairing (excluding the repair of individual potholes),
resurfacing (including top coating or chip sealing with asphalt emulsion
or a thin base of hot bitumen), reconstructing or altering any surface
that is in direct contact with an existing storm drain inlet on that
property unless the storm drain inlet either:
D.
Design standard. Storm drain inlets identified in Subsection C above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection D(3) below.
(1)
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines (April
1996); or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension.
(c)
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
(2)
Whenever design engineers use a curb-opening inlet, the clear
space in that curb opening (or each individual clear space, if the
curb opening has two or more clear spaces) shall have an area of no
more than 7.0 square inches, or be no greater than 2.0 inches across
the smallest dimension.
(3)
This standard does not apply:
(a)
Where the Municipal Engineer agrees that this standard would
cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets that
meet these standards;
(b)
Where flows are conveyed through any device (e.g., end-of-pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(c)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars; or
(d)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
E.
Enforcement. This section shall be enforced by the Division of Code
Enforcement with the consent of the Township Engineer of the Township
of Toms River.
F.
Violations and penalties. Any person, partnership, limited-liability
company, corporation, or other entity who shall violate any provision
of this section shall, upon conviction thereof, 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 section shall exist shall constitute a separate violation.
A.
Street extensions. The arrangement of streets within
a development shall provide for the extension and/or realignment of
existing streets, except that local and local collector streets should
only be extended when such extension is necessary and the Planning
Board concurs that such extension will promote safety and conform
to the street standards contained elsewhere in this chapter.
B.
Street widening. Where developments abut existing
roadways, sufficient rights-of-way shall be reserved to provide the
right-of-way width proposed for the functional classification of the
street in question. For all properties on Route 9 between the Garden
State Parkway and the Township of Lakewood, the reserved right-of-way
shall be 57 feet from the existing center line of the highway.
[Amended 12-27-2006 by Ord. No. 4064-06]
C.
Design of local streets. Local streets shall be designed
in accordance with the Schedule of Street Design Standards and the
following requirements:
(1)
Local streets shall be arranged so that there
exists a minimum possibility of their use by traffic which does not
have its origin or destination at the lots to which the local streets
provide access.
(2)
Culs-de-sac (dead-end streets) should have center
line length, from the intersecting street center line to the center
point of the turnaround of the cul-de-sac, of not less than 100 feet
nor longer than 1,200 feet and should not provide access to more than
25 lots. They shall provide an end turnaround with a pavement radius
of not less than 65 feet and a property line radius of not less than
75 feet, which shall have its center point at or to the left of the
center line of the street, when viewed toward the closed end. In the
event that it is contemplated that a dead-end street shall be extended
in the future, a temporary turnaround, meeting the aforementioned
design criteria, shall be required.
[Amended 7-26-1995 by Ord. No. 3118-95]
(3)
Loop streets should provide access to not more
than 45 lots, except that where access is provided by a combination
of a short loop street and culs-de-sac, the maximum shall be 60 lots,
provided that the length of the loop street alone will not exceed
3,000 feet. Loop streets shall have both of their termini located
on the same street.
(4)
P-loops, which are loop streets with a single
access point, should have an entrance not exceeding 700 feet in distance
from the loop intersection. There should also be provided an emergency
vehicular and pedestrian right-of-way of 15 feet minimum width from
the loop and providing access to a street which is not a part of the
P-loop. The loop of a P-loop should have a street length not exceeding
3,000 feet. P-loops should provide access to no more than 60 lots,
and the entrance street should be designed in accordance with the
design standards for minor collector streets.
(5)
Artificial modifications in street rights-of-way
for the purpose of increasing lot frontage shall be prohibited. Such
prohibited modification shall include but shall not be limited to
widening the right-of-way of a continuous street through the use of
semicircular projections.
(6)
Reduced paving width. When a cul-de-sac or loop
street provides access to 25 or fewer lots, the Planning Board may
consider the use of reduced paving width where, by reason of topography,
physical features or other conditions, the reduced paving width would
substantially reduce disruption of the development's environment.
In no case shall the paving width of a two-way cul-de-sac or loop
street be reduced to less than 28 feet. The Planning Board may consider
the use of one-way loop streets with a minimum paving width of 22
feet. Such one-way streets with reduced paving width are subject to
the review and approval of the Traffic Bureau of the New Jersey Department
of Transportation. Such review and approval must be obtained by the
developer before approval of a final plat will be granted.
D.
Classification of streets. In any development it shall
be the duty of the Planning Board to approve classification of proposed
streets according to their use. In making its decisions, the Planning
Board shall refer to the Master Plan and shall consider conditions
within the development and the surrounding areas and shall use as
a guide the following street classifications and criteria:
(1)
Local street. A local street is a street serving
only single-family residences and where feasible should be either
a cul-de-sac or a loop street meeting the requirements hereinabove
set forth. A street which serves traffic having origins and destinations
other than within the lots which abut the street shall not be considered
a local street. The maximum traffic normally expected on a local street
shall be 400 vehicles per day.
(2)
Local collector or minor collector street. A
local collector or minor collector is generally a street gathering
traffic from local streets and feeding it into a system of major collectors,
minor arterial and major arterial highways. Even if laid out as a
local street, a street should be considered a local or minor collector
street if it provides access or could provide access to more than
60 lots or, in the case of a cul-de-sac, more than 25 lots, or could
be utilized by traffic other than residential in nature. Local or
minor collector streets should generally not be expected to carry
traffic exceeding 1,000 vehicles per day. The design speed of local
or minor collectors, for alignment and sight distance purposes, should
be 40 miles per hour.
(3)
Major collector streets. A major collector street
is generally a street gathering traffic from local streets or minor
collector streets and feeding it into a system of arterial highways.
Even if laid out as a local or minor collector street, a street should
be considered a major collector street if it provides access or could
provide access to more than 150 lots or would be utilized by traffic
other than residential in nature. Major collector streets should generally
not be expected to carry traffic exceeding 2,500 vehicles per day.
The design speed of major collector streets, for alignment and sight
distance purposes, should be 50 miles per hour.
(4)
Minor arterials. Minor arterials are streets
gathering traffic from more than one local, minor or major collector
street and leading it to a system of other minor arterials or principal
arterial streets. Minor arterials shall have a design speed, for alignment
and sight distance purposes, of 60 miles per hour and should generally
be designed to carry traffic volume approaching 10,000 vehicles per
day.
(5)
Principal arterial highways. Principal arterials
are any federal, state or county highways or municipal streets or
roads intended to carry traffic between other major arterials and
minor arterials and between the various neighborhoods of the Township
or from the Township's neighborhoods to destinations outside the Township.
Principal arterial highways should have a design speed of 60 miles
per hour and should be designed to carry traffic exceeding 10,000
vehicles per day.
(6)
Classification criteria. Street classifications
will be approved by the Planning Board in accordance with the foregoing
definitions, in accordance with the provisions of the Master Plan
and Official Map if such are adopted, in accordance with the provisions
of applicable county and state regulations or plans or, in the absence
of specific information from the above, in accordance with its own
best judgment concerning the use to which the various streets in any
development will be put.
E.
Lots abutting major collector, minor arterial and
arterial highways. In any subdivision abutting or being traversed
by a major collector street, minor arterial or principal arterial
highway, one of the following conditions shall be required by the
Board:
(1)
A marginal street meeting the classifications
herein for a local street shall be provided along each major collector,
minor arterial or principal arterial highway and shall be separated
from the major collector, minor arterial or principal arterial highway
by a landscaped strip at least 25 feet in width.
(2)
The frontage of all lots abutting the major
collector, minor arterial or principal arterial highway shall be reversed
so that the lots will front on an internal local street; a natural
wooded or landscaped buffer strip at least 50 feet in width will be
provided on the abutting lots along the right-of-way of the major
collector, minor arterial or principal arterial highway. The area
of such buffer strip shall not be considered part of the required
minimum lot size.
(3)
All lots abutting major collector streets may,
in lieu of the above, be provided with suitable driveway turnarounds
eliminating any necessity for vehicles to back into the collector
street.
(4)
Other means of providing a satisfactory buffer
separating through and local traffic shall be provided as may be deemed
proper by the Planning Board.
(5)
Dwellings on corner lots shall have their driveway
access on the roadway designed and intended to carry the lesser amount
of traffic.
F.
Street design standards. Street design standards shall
be appropriate to the expected use of the street, soil, topographical
and other physical conditions and to the maintenance of the purposes
of this chapter but shall not be less than those set forth in the
Schedule of Street Design Standards (Figure No. 9).[1]
[1]
Editor's Note: Figure 9, Schedule of Street Design Standards, is included at the end of this chapter.
G.
Street intersections. Street intersections shall be
designed according to the following standards:
(1)
No more than two streets shall cross the same
point. Street intersections shall be at right angles wherever possible,
and intersections of less than 70°, measured at the center line
of streets, shall not be permitted.
(2)
Streets should not enter the same side of local,
minor or major collector streets at intervals of less than 500 feet,
minor arterials at intervals of less than 1,200 feet or principal
arterials at intervals of less than 2,500 feet. Streets which enter
collectors, minor arterials or principal arterials from opposite sides
shall be directly opposite to each other or must be separated by at
least 300 feet between their center lines measured along the center
line of an intersected collector or 500 feet along the center line
of a minor arterial or 800 feet along the center line of a principal
arterial.
(3)
Approaches of any major collector, minor arterial
or principal arterial street to any intersection of another major
collector, minor arterial or principal arterial street shall be tangent
or have a center line radius greater than 5,000 feet for at least
500 feet from the intersection.
(4)
Where a minor or major collector, major thoroughfare
or major arterial street intersects with a major collector, major
thoroughfare or major arterial street, the right-of-way of each minor
collector shall be widened by 10 feet (five feet for each side) for
a distance of 300 feet in all directions from the intersection of
the center lines, and the right-of-way of each major collector, minor
arterial and principal arterial shall be widened by 20 feet (10 feet
for each side) for 500 feet in all directions from the intersection
of the center lines.
(5)
Approaches of any local, local collector or
minor collector street to any other street shall:
(a)
Be tangent (straight) for a distance of at least
50 feet from the intersection, or
(b)
Have a center-line radius greater than 1,000
feet for at least 150 feet from the intersection, and
(c)
Have a clear sight of a point three feet high
in the intersection for a distance of not less than 400 feet.
H.
Street layout.
(1)
Curved local, local collector and minor collector
streets are preferred to discourage speed and monotony. The maximum
straight-line distance should not exceed 1,000 feet.
(2)
The Planning Board in all cases may, and in
the case of subdivisions having 100 or more lots shall, require provisions
for continuing circulation patterns onto adjacent properties and,
for this purpose, may require the provision of stub streets abutting
adjacent properties.
(3)
Subdivisions containing more than 150 lots should
have two access points from collector streets or arterial highways.
I.
Street names. Street names and development names shall
not duplicate, nearly duplicate or be phonetically similar to the
names of any existing streets or development in Toms River Township
or contiguous areas of other communities. Any continuation of an existing
street shall have the same street name.
J.
Limit of improvements. The developer shall complete
all improvements to the limits of the development, unless other provisions
have been made and approved by the Planning Board. In those instances
where completion of certain improvements would not be possible until
the development of adjacent land takes place, alternate temporary
improvements may be constructed subject to the approval of the Planning
Board, and cash or a certified check representing the difference between
the value of the temporary improvements and the required improvements
may be accepted by the Township Committee to be credited toward the
completion of such improvements at such time as the adjacent land
develops.
K.
Streets serving other than single-family detached
homes. The right-of-way width and other standards for internal roads
and alleys in multifamily, commercial and industrial developments
shall be determined by the Board on an individual basis and shall
in all cases be of sufficient width and design to safely accommodate
maximum traffic, parking and loading needs and maximum access for
fire-fighting equipment and shall generally conform to the requirements
herein.
L.
Reserve strips. There shall be no reserve strips or
areas controlling access to streets except where control and disposal
of the land comprising such strips or areas have been placed in the
hands of the governing body under conditions approved by the Planing
Board.
[Amended 5-13-1992 by Ord. No. 2911-92]
Streetlights shall be of a type approved by resolution of the Township Committee and by the electric utility company serving the proposed development installed on poles 30 feet in height and approved by the Township Planning Board and located so as to provide a minimum lighting level of 0.5 horizontal footcandle on all local, local collector and minor collector streets and one horizontal footcandle on all major collector, minor arterial and principal arterial streets. The developer shall pay the full cost for initial installation of any streetlights and, in accordance with § 348-7.6H herein, the operation and maintenance costs until such time as the municipality assumes payment for the operation and maintenance costs of such streetlighting.
[Amended 2-9-1982 by Ord. No. 2068]
A.
Street-name signs shall be reflectorized four-way
type (two head), aluminum construction known as a "tomcat," vandal-proof
street-name sign or equivalent, with the following features:
(1)
The construction of the tomcat vandal-proof,
street-name sign shall be as manufactured with all extensions to be
made of 6063-T5 aluminum alloy with a solid three-fourths-inch-diameter
metal threaded center staff, consisting of a compression spring and
locking nut for mounting inside the wall of the post.
(2)
Lettering on street-name signs shall be at least
four inches, with supplementary lettering to indicate the type of
street (e.g., street, avenue, road, etc.), which shall be in smaller
lettering at least two inches in height. Conventional abbreviations
are acceptable, except for the street name itself.
(3)
The reflectorized legend and background shall
be of a contrasting color and should have a white message and border
on a green background. The sign faces shall be of a high-intensity
type, fabricated from scotch lites brand reflective sheeting, high-intensity
grade as manufactured by 3M or an approved equal. All numbers and
letters shall be of a heat-sealed type.
(4)
The posts shall be of a galvanized-steel type
or approved equal and shall be of a length of 12 feet, installed in
a concrete base.
B.
Street signs shall be properly installed at each street
intersection. Street signs shall be placed, two per intersection,
on the near right-hand corner, as viewed from both directions, on
the street which is expected to carry the greatest traffic through
the intersection. Mounting shall be in accordance with the standard
procedures of the Township or with requirements adopted by the Township
Committee. Street signs shall be placed before any certificate of
occupancy for houses on the subject street are issued.
The developer shall, prior to final acceptance,
install all traffic control devices required within any development
or, with the consent of the Township Committee, may pay to the Township
Treasure a nonrefundable sum, in cash or certified check, in the amount
set by the Township Engineer equal to the cost of all necessary traffic
control devices not installed by the developer. Traffic control devices
shall include but are not limited to signs, traffic lines, lights,
reflectors and channelizing markers. The number, type, legend, placement
and size of all traffic control devices shall be in accordance with
the Manual on Uniform Traffic Control Devices by the United States
Department of Transportation and the requirements of municipal, county
and state regulations and shall be according to an approved plan submitted
at the time of final plat approval. Construction details of all proposed
traffic control devices shall be in accordance with standards prepared
by the Township Engineer and approved by the Township Committee.
[Amended 12-18-2007 by Ord. No. 4118-07]
With the exception of water distribution systems which shall be governed by § 348-8.34 of this chapter, all utility lines and necessary appurtenances, including but not limited to electric transmission and electric, gas, communications, street lighting and cable television, shall be installed underground within easements or dedicated public rights-of-way. The developer shall arrange with the serving utility for the underground installation of the utility's supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions of its tariff, as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and shall submit to the Planning Board, prior to the granting of approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this section; provided, however, that lots which abut existing easements or public rights-of-way where overhead utility lines have theretofore been installed may be supplied with service from such overhead lines if no new utility poles are required. In any event, new building service connections for all multifamily developments, shopping centers, industrial parks and planned retirement communities, and for any industrial, commercial or office development containing a floor area of 10,000 square feet or more, shall be installed underground. All other new building service connections shall also be installed underground unless specific waiver is granted by the Planning Board. Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 25 feet in width shall be provided.
A.
Prior to the approval of any final plat, site plan or subdivision
which requires the installation of any public and/or individual water
supply systems, or an extension of existing systems, the developer
shall submit the design plans of said water supply systems to the
Township's serving water utility franchisee and the Planning Board
or Zoning Board of Adjustment, if applicable, for the review and approval
of the aforesaid respective utility and agencies.
B.
Upon the approval of the developer's design plans, the serving water
utility franchisee shall notify the Planning Board or Zoning Board
of Adjustment, if applicable, and the Township Engineer in writing.
Said written approval shall also include confirmation that the serving
water utility franchisee will provide public water supply service
to the developer's property.
C.
The developer shall also provide proof of approval of any and all
other federal, state, county or local approval relating to public
water supply service.
D.
Prior to the approval of any final, site plan or subdivision, if
applicable, or prior to the issuance of any building permit, the developer
shall dedicate all water supply utility lines and related appurtenances
to the serving water utility franchisee. The applicant shall also
convey all necessary easements to the Township and the serving water
utility franchisee. All dedications shall be in a form approved by
the serving water utility franchisee.
E.
The developer shall arrange with the serving water utility franchisee
for the underground installation of the water supply lines, related
appurtenances and service connections in accordance with the provisions
of the applicable standard terms and provisions of its tariff, as
the same are then on file with the State of New Jersey Board of Public
Utility Commissioners, unless otherwise approved by the serving water
utility franchisee.
F.
All water utility lines and related appurtenances shall be installed
within dedicated public rights-of-way or within easements, not less
than 25 feet in width, provided by the developer to the Township and
the utility, unless the configuration of the easement is otherwise
approved by the serving water utility franchisee.
[1]
Editor's Note: This ordinance also provided
that the effect of this ordinance shall be prospective and all developers
who obtained land use approvals which required the installation and
dedication of water supply lines prior to the effective date of this
ordinance shall dedicate all said water supply utility lines and related
appurtenances to the existing water utility franchisee. This ordinance
shall not affect any agreements executed between a developer and the
water utility franchisee prior to the effective date of this legislation.
[Added 3-23-1982 by Ord. No. 2081]
In zoning districts where the placement of umbrellas
is a permitted accessory use, the following minimum requirements shall
apply:
A.
No more than three umbrellas shall be permitted on
any site.
B.
Umbrellas shall have a maximum height of 16 feet.
C.
No umbrellas shall be greater than 18 feet in diameter
or width.
D.
No umbrellas shall be located closer than 25 feet
to any street right-of-way.
E.
Umbrellas shall adhere to the minimum side and rear
setback requirements for principal buildings within the highway business
zone.
F.
No lettering or words shall be permitted on any umbrella
which would be used to identify or advertise the place of business.
G.
No umbrella shall be closer than 25 feet to any other
umbrella as measured from the tip of the umbrella to the tip of the
adjoining umbrella.
H.
No umbrella shall be placed closer than 25 feet to
any principal structure.
I.
In the event that three umbrellas are placed on any
one site, the total minimum front setback from any street right-of-way
shall be a minimum of 100 total feet; provided, however, that no individual
umbrella shall be located closer than 25 feet to any street right-of-way.
[Added 4-11-1990 by Ord. No. 2729-90]
In zoning districts where the placement of tents
is a permitted accessory use, the following minimum requirements shall
apply:
A.
No tent(s) erected upon any site may exceed 2,000
square feet.
B.
Tents shall have a maximum height of 20 feet.
C.
No tent(s) shall have a dimension greater than 60
feet.
D.
No tent(s) shall be located closer to any property
line than the required principal building setback or within any vehicular
circulation aisle.
E.
No tent(s) may be utilized to advertise or identify
the name of or the place of business.
F.
No tent(s) may be erected upon any site closer than
25 feet to another tent, umbrella and/or any building on the site
upon which the tent is erected.
[Added 11-10-1992 by Ord. No. 2941-92]
In accordance with the provisions of state and
federal regulations, the following standards shall be utilized in
the design of all facilities to provide access for the physically
handicapped.
A.
Curb ramps for the physically handicapped.
(1)
Curb ramps for the physically handicapped shall
be constructed on all street curb returns and, where appropriate,
in parking areas. In general, two curb ramps shall be constructed
at each corner. A single ramp at the center of the corner is acceptable
when site conditions preclude the use of the two-ramp system.
(2)
Curb ramps for the physically handicapped shall
be constructed in accordance with the standards shown on Figures 7A,
7B or 7C. If there is a grass or landscaped area between the curb
and the sidewalk, side ramps need not be provided. Curb ramps shall
be provided at all four corners of full intersections and at the two
corners plus a location across the street from both of the ramps at
T-intersections.
 |
|
NOTE: If X is less than 48 inches, then the
slope of the fanned or flared side may not exceed 1:12 (8.33%).
|
 |
 |
|
NOTE: When X is less than 48 inches, the slope
of the fanned or flared side must not exceed 1:12 (8.33%).
|
(3)
The developer shall submit a detailed intersection
grading plan for the approval of the Township Engineer prior to installation
of curbs, sidewalks and curb ramps at the intersection.
(4)
Curb ramps shall be constructed with a rough
broom finish in accordance with New Jersey Department of Transportation
specifications and shall be flush with the street pavements at the
gutter line, and transitions from walks to ramps, gutters or streets
shall be flush and free of abrupt changes.
(5)
A detectable warning shall be provided on the
ramp extending the full width and depth of the ramp. Such detectable
warning shall contrast visually with adjoining surfaces, either light
on dark or dark on light. The material used to provide contrast shall
be an integral part of the walking surface. The detectable warning
shall be in accordance with Figure 7D.
 |
|
NOTES:
| ||
|---|---|---|
|
1)
|
Detectable warning shall contrast visually with
adjoining surfaces, either light on dark or dark on light.
| |
|
2)
|
The material used to provide contrast shall
be an integral part of the walking surface.
| |
(6)
Built-up ramps shall be permitted within parking
areas only and may not encroach on any loading/unloading zone, parking
space, vehicular traffic lane or fire lane. The design of such ramp
shall be in accordance with Figure 7E, and such ramp shall otherwise
comply with all standards applicable to curb ramps above.
 |
|
NOTE: Built-up ramps are not allowed to encroach
into loading/unloading zones, parking spaces or vehicular traffic
areas.
|
B.
Handicapped parking spaces. Parking spaces for the
physically handicapped shall be provided in accordance with the following
table:
|
Total Parking Spaces in Parking Area
|
Minimum Number of Spaces to be Provided
for Physically Handicapped
| |
|---|---|---|
|
Up to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
101 to 150
|
5
| |
|
151 to 200
|
6
| |
|
201 to 300
|
7
| |
|
301 to 400
|
8
| |
|
401 to 500
|
9
| |
|
501 to 1,000
|
2% of total
| |
|
Over 1,000
|
20, plus 1 for each 100 over 1,000
|
C.
Parking space design.
(2)
Each parking space shall have a minimum width
of eight feet and shall be adjoined by a minimum five-foot-wide access
aisle. The access aisle shall be located on the passenger side of
the parking space. (See Figure 7F.)
 |
|
GENERAL PARKING NOTES:
| ||
|---|---|---|
|
1)
|
Handicapped space must permit use of either
of car doors.
| |
|
2)
|
A bumper is required when no curb or barrier
is provided which will prevent encroachment of cars over walkway.
| |
|
3)
|
A maximum crossfall of 2% is allowed in parking
space and access aisle.
| |
|
4)
|
Loading/unloading area must connect to an accessible
path of travel.
| |
|
5)
|
Refer to handicap formula in Item #2.
| |
(3)
For double parking space design, a minimum twenty-one-foot
width shall be provided for two spaces and access aisle area. The
access aisle shall be located between the parking spaces. (See Figure
7G.)
.tif.png) |
.tif.png) |
(4)
Van-accessible parking spaces.
(a)
One of every eight handicapped parking spaces
provided, but not less than one, shall be a van-accessible parking
space.
(b)
Each van-accessible parking space shall have
a minimum width of eight feet with passenger side access of a minimum
eight feet wide. (See Figure 7H.) Alternate parking design specifications
may be provided in accordance with Figure 7I providing a total twenty-seven-foot-wide
width for two stalls or a minimum sixteen-foot width for single parking
stalls.
 |
 |
D.
Parking space signage. Each reserved handicapped parking
space shall be provided with signage in accordance with Figure 7J,
and every van-accessible parking stall shall be provided with signage
identifying the stall as van-accessible. The parking spaces shall
also be delineated by light blue striping, and an emblem with minimum
dimensions of 36 inches by 36 inches being a profile view of a wheelchair
and occupant in white on a light blue background shall be installed
on each handicapped space and shall be located such that the base
of said emblem is located at the open end of the parking stall. (See
Figure 7K.)
 |
 |
E.
Accessible route. At least one accessible route within
the boundary of each site developed shall be provided from public
transportation stops, accessible parking and accessible passenger
loading zones and public streets and sidewalks to the accessible building
entrance they serve.
(1)
Width. The minimum clear width of an accessible
route shall be three feet and shall provide a passing space having
minimum dimensions of five feet by five feet at reasonable intervals
not to exceed 200 feet.
(2)
Surface. The surface texture shall be stable,
firm and slip-resistant.
(a)
Changes in level. Changes in level of less than
1/4 inch may be vertical, of between 1/4 inch and 1/2 inch shall be
beveled with a slope no greater than 1:2. For changes in level of
greater than 1/2 inch, a ramp in accordance with the requirements
herein shall be required.
(b)
Gratings. If gratings are located within the
accessible route, they shall have spaces no greater than 1/2 inch
wide in one direction, and if the grading has elongated openings,
the long dimension shall be perpendicular to the route of travel.
(c)
Slope. The maximum cross slope of an accessible
route shall be 1:50, and any accessible route with a running slope
of greater than 1:20 shall be considered a ramp and comply with the
requirements herein for the same.
(3)
Detectable warning. If an accessible route crosses
or adjoins a vehicular way and the pedestrian area and vehicular area
are not separated by curbs, railings or other elements, the boundary
between the areas shall be defined by a continuous detectable warning
having a minimum width of three feet and installed in accordance with
Figure 7D above.
F.
Bus stops and shelters. To the extent that the construction of bus
stops and shelters is within the control of Toms River Township or
is constructed within a Township right-of-way, the ADA requirements
per Section 810.2 of the Federal Transportation Authority, as amended,
shall be followed.
[Added 11-12-2019 by Ord.
No. 4649-19]
(1)
Bus boarding and alighting areas shall provide a clear length
of 96 inches (2,440 mm), measured perpendicular to the curb or vehicle
roadway edge, and a clear width of 60 inches (1,525 mm), measured
parallel to the vehicle roadway.
(2)
Connection. Bus stop boarding and alighting areas shall be connected
to streets, sidewalks, or pedestrian paths by an accessible route.
(3)
Slope. Parallel to the roadway, the slope of the bus stop boarding
and alighting area shall be the same as the roadway, to the maximum
extent practicable. Perpendicular to the roadway, the slope of the
bus stop boarding and alighting area shall not be steeper than 1:48.
(4)
Bus shelters. Bus shelters shall provide a minimum clear floor
or ground space complying with Section 305 of the FTA ADA requirements,
entirely within the shelter. Bus shelters shall be connected by an
accessible route to a boarding and alighting area complying with Section
810.2.
|
Bus Shelters
 |
[Added 12-27-2006 by Ord. No. 4064-06]
[Added 12-27-2006 by Ord. No. 4064-06]
A.
*Site requirements.[1]
(1)
Open space.
(a)
The following standards shall apply to projects
with more than 25 dwelling units:
[1]
Minimum common open space: 250
square feet for each dwelling unit.
[2]
Required common open space shall
be physically integrated into the design of the development as a unifying
element such as a park, playground or linear greenway trail. Therefore,
no single open area measuring less than 5,000 square feet in area
shall count toward the open space requirement. If the open space is
developed as a park or playground, it should be at the center of the
development, with the front facades of buildings facing the open space.
If developed as a greenway trail or natural corridor, the open space
should be designed to link to other surrounding developments or to
natural features such as stream corridors.
[3]
Common open space shall be conveyed
to a homeowner's association, nonprofit organization or the Township,
conditioned on the Township's acceptance of such open space.
[4]
Minimum private open space: 750
square feet for each unit. Such open space shall be designed to maximize
privacy for each unit through the use of such design elements as walls
and hedging.
(b)
For projects with 25 or fewer units, at least
1,000 square feet of open space shall be provided for each unit, but
the open space shall not be required to be common open space.
B.
*Lot and yard requirements for individual dwelling
units.[2]
(1)
Minimum lot area: 2,000 square feet.
(2)
Minimum lot width: 20 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front setback shall be as required for
the zoning district in which the development is located. In no event
shall the front setback be less than 20 feet. However, if parking
is provided in the rear and no driveways are provided along the front,
the minimum front setback may be reduced to 10 feet.
(5)
Minimum rear setback: 40 feet.
(6)
Minimum side setback: 10 feet.
C.
Circulation requirements.
(1)
All developments involving townhouse dwellings
shall provide for a logical grid of streets to serve the development,
which shall be organized into a layout of blocks and lots. To the
extent practical, such streets shall be extensions of existing Township
streets.
(2)
Maximum block length: 500 feet.
(3)
Streets shall conform to the standards specified
in the Residential Site Improvement Standards at N.J.A.C. 5:21 et
seq. Sidewalks shall be provided on both sides of all streets.
(4)
Rear service alleys to provide access to garages
and parking areas are encouraged.
[Added 12-27-2006 by Ord. No. 4064-06]
B.
*An outdoor cafe shall not be enclosed with a permanent
roof or walls. However, awnings shall be permitted.
C.
*An outdoor cafe shall be delimited with a portable
rail, rope or picket fence not greater than four feet in height, which
fence shall be removed at the close of business each day and stored
inside the building or in the rear yard.
[Amended 10-10-2017 by Ord. No. 4558-17]
Recognizing that certain uses, activities and structures are
necessary to serve the needs and provide for the convenience of the
citizens of the Township of Toms River and at the same time appreciating
the fact that they or any one of them may be or may become inimical
to the public health, safety and general welfare of the community
if located without due consideration to the existing conditions and
surroundings, such uses are designated as conditional uses subject
to the standards and regulations hereby established. These standards
and regulations are intended to provide the approving authority with
a guide for reviewing applications for conditional uses as provided
for by this chapter. As a result of the review procedure, the applicant
may be required to meet additional standards and regulations imposed
by the approving authority during site plan review which are in keeping
with and will further the intent of these standards and regulations.
Such standards and regulations shall be provided for and maintained
as a condition of the establishment and maintenance of any use to
which they are a condition of approval. In acting upon an application
for conditional use approval, the approving authority shall be guided
by the following standards and principles:
A.
All conditional uses shall be required to obtain site plan approval,
unless otherwise specified in this chapter.
B.
Conditional uses shall adhere to the standards set forth in this
article and as may apply under the development standards set forth
elsewhere in this chapter.
C.
No use set forth in this article shall be considered a conditional
use unless it is specifically listed as a conditional use in the zone
district regulations, unless otherwise specified herein.
[1]
Editor's Note: Former § 348-9.2, Multifamily dwellings,
was repealed 10-10-2017 by Ord. No. 4558-17.
[Amended 4-11-1990 by Ord. No. 2729-90; 8-14-1991 by Ord. No. 2848-91; 12-9-2003 by Ord. No. 3843-03; 10-10-2017 by Ord. No. 4558-17]
Motor vehicle service stations are permitted as a conditional
use in those zones specified, subject to the following standards:
A.
(Reserved)
B.
Motor vehicle service stations shall have a lot area of not less
than 15,000 square feet with a minimum frontage of 100 feet on one
street.
C.
(Reserved)
D.
(Reserved)
E.
(Reserved)
F.
(Reserved)
G.
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
H.
Any repair of motor vehicles shall be performed in a fully enclosed
building. No parts or partially dismantled motor vehicle may be stored
out-of-doors.
I.
(Reserved)
J.
No auto bodywork shall be permitted.
K.
(Reserved)
L.
Sale of new or used cars is prohibited.
M.
(Reserved)
N.
The maximum building coverage shall be 10% of the lot area and a
maximum of 20% of the lot area with a canopy.
O.
The maximum impervious coverage shall be 80% of the lot area.
P.
The canopy setback shall be 25 feet.
Q.
All motor vehicle service stations shall have frontage on and access
to a roadway classified as a principal arterial.
[Added 10-10-2017 by Ord.
No. 4558-17]
Private and parochial schools shall be permitted in applicable
zones where they are listed as conditional uses subject to the standards
specified below:
A.
The school shall be licensed by the State of New Jersey.
B.
The curriculum of the school shall be approved by the New Jersey
Department of Education.
C.
Location. Schools shall only be located along an arterial or collector
road as identified in the Master Plan.
E.
Minimum lot size: 10 acres.
F.
Maximum building coverage shall be 15%.
G.
Maximum impervious coverage shall be 40%.
H.
Height: The height of the structure shall not exceed the maximum height permitted in the zone in which the structure will be built pursuant to § 348-5.12.
I.
A dormitory building or portion of a school building devoted to dormitory
use shall be allowable only as an accessory use to a private or parochial
school and shall meet the principal building setback requirements
of the zone or 50 feet, whichever is greater, and shall meet the requirements
of the New Jersey Department of Education.
[1]
Editor's Note: Former § 101-9.4,
Motor vehicle repair garages, previously included in this chapter,
was repealed 8-14-1991 by Ord. No. 2848-91.
[Amended 8-14-1991 by Ord. No. 2848-91; 12-9-2003 by Ord. No. 3843-03; 10-10-2017 by Ord. No. 4558-17; 7-13-2021 by Ord. No. 4700-21]
Churches and places of worship are permitted as a conditional
use in those zones specified, subject to the following standards:
A.
The minimum lot area shall be two acres.
B.
The minimum lot width shall be 300 feet on lots of more than four
acres and 200 feet for lots of four acres or less.
C.
No principal building shall be located closer than 50 feet to any
side or rear property line.
D.
No accessory building shall be located closer than 30 feet to any
side or rear residential property line.
E.
Maximum lot building coverage shall be 15%.
F.
On lots of more than four acres, maximum impervious coverage shall
be 40%. On lots of four acres or less with fewer than 50 parking spaces
and more than 150 feet from beaches, dunes or the mean high-water
line of tidal waters, maximum impervious coverage shall be 50%, unless
the New Jersey Department of Environmental Protection determines,
in writing, that a permit is required under the Coastal Area Facility
Review Act (CAFRA)[1] for impervious coverage limits at or below these thresholds.
[1]
Editor's Note: See N.J.S.A. 13:19-1 et seq.
G.
The height of structures to be constructed may exceed the maximum
height requirements of this chapter; provided, however, that the front,
rear and side yard requirements set forth above shall be increased
by two feet for each foot by which the height of the structure exceeds
the maximum height which would otherwise be permitted by the chapter,
and further provided that in no case shall any proposed structure
exceed 50 feet in height.
H.
Churches and houses of worship with a lot size greater than 2.5 acres
must front on a street classified as a major collector, minor arterial,
or principal arterial roadway. Churches and houses of worship with
a lot size of not less than two and not more than 2.5 acres must front
on a minor collector, major collector, minor arterial, or principal
arterial roadway. Churches and houses of worship, regardless of lot
size, may not locate on a roadway classified as a local collector
or local street. For the purposes of this exclusion, Maine Street,
Shenandoah Boulevard, and Indian Hill Road are regarded as local streets.
[Amended 10-10-2017 by Ord. No. 4558-17]
Public utility uses, such as water towers, pumping stations,
electric substations, radio towers, transmission lines and switching
stations, which must be provided aboveground, are permitted as a conditional
use in those zones specified, subject to the following standards:
A.
A statement is submitted setting forth the reasons that the proposed
installation must be provided aboveground in a specific location and
why it is necessary and convenient for the efficiency of the public
utility system or for the satisfactory and convenient provision of
service by the utility to the neighborhood or area in which the particular
use is to be located.
B.
The design of any building in connection with such facility conforms
to the general character of the area.
C.
Adequate and attractive fences and other safety devices will be provided.
D.
Sufficient landscaping and buffering are provided.
E.
All of the setback and building coverage requirements of the respective
zone will be met, except that no setback (front, side or rear) of
any structure shall be less than 125% of the height of the structure.
F.
The proposed use shall be located on a lot of not less than 20,000
square feet, except that in those zoning districts that have a minimum
lot area of less than 20,000 square feet, the minimum lot area shall
adhere to the standard of the zoning district.
[Amended 8-14-1991 by Ord. No. 2848-91; 10-27-1993 by Ord. No. 3009-93; 3-12-1996 by Ord. No. 3164-96; 12-9-2003 by Ord. No. 3843-03; 10-10-2017 by Ord. No. 4558-17]
Nursery schools and day nurseries are permitted as a conditional
use in those zones specified, subject to the following standards:
A.
(Reserved)
B.
The lot upon which such use is proposed shall conform to the following
standards and requirements:
[Amended 7-13-2021 by Ord. No. 4700-21]
(1)
Minimum lot area: two acres.
(2)
The minimum lot width shall be 300 feet on lots of more than
four acres and 200 feet for lots of four acres or less.
(3)
Minimum front yard setback: 100 feet.
(4)
Minimum side and rear yard setbacks: 50 feet.
(5)
Maximum building coverage: 10%.
(6)
Maximum impervious coverage: 40%.
(7)
The site must front on a street classified as a major collector,
minor arterial, or principal arterial roadway.
C.
Accessory buildings shall not be located closer than 30 feet to any
residential property line.
D.
The property must front on and have access to a roadway classified
as a major collector, minor arterial or principal arterial roadway.
E.
The maximum floor area in any single building used as a nursery school
or day nursery shall be limited to 5,000 square feet above grade;
and any areas constructed below grade shall not be utilized to house
recreation or classroom areas.
F.
Buildings shall be designed to be compatible in appearance with the
residential area in which they are located.
[1]
Editor's Note: Former § 348-9.8, Health care facilities,
as amended, was repealed 10-10-2017 by Ord. No. 4558-17.
[1]
Editor's Note: Former § 348-9.9, Cemeteries, was repealed
10-10-2017 by Ord. No. 4558-17.
[Amended 10-10-2017 by Ord. No. 4558-17]
Boatyards and/or marinas are permitted as a conditional use
in those zones specified, subject to the following standards:
A.
No principal or accessory building shall be located closer than 50
feet to any street line or 25 feet to other property lines, except
that buildings for boat construction, repair or maintenance shall
not be located closer than 50 feet to any property line.
B.
Boats shall not be stored or displayed closer than 35 feet to any
street line or 20 feet to any other property line.
C.
No railway or other launching facility shall be located closer than
20 feet to any property line.
D.
Adequate utilities shall be supplied to each boat slip, including
electricity, lighting and water supply.
[Amended 12-26-1979 by Ord. No. 1892; 4-11-1990 by Ord. No. 2729-90; 10-10-2017 by Ord. No. 4558-17]
Home professional offices are permitted as a conditional use
in those zones specified, provided that the use and/or structures
shall adhere to the minimum standards of the particular zone and the
following:
A.
Not more than one professional and one professional only, without
associates or partners, may utilize the office, except that one additional
professional may be permitted, provided that both professionals are
members of the same immediate family which includes parent, children
and spouses only.
B.
Not more than two persons may be employed as office personnel.
C.
The portion of the dwelling devoted to professional office use shall
not exceed 30% of the total floor area of the dwelling.
D.
Minimum lot size requirements.
(3)
In all zones where any of the minimum requirements exceed the
minimum requirements as hereinabove provided, the greater requirement
shall be observed.
E.
The property must front on a street classified as a minor collector,
major collector, minor arterial or principal arterial roadway.
[Amended 8-14-1991 by Ord. No. 2848-91; 10-10-2017 by Ord. No. 4558-17]
Home occupations are permitted as a conditional use in those
zones specified, subject to the following standards:
A.
There shall be no more than two employees other than the bona fide
residents of the dwelling.
B.
The portion of the dwelling utilized for the home occupation shall
not exceed 50% of the first floor area of the dwelling.
C.
The occupation shall be conducted entirely within the dwelling or
within an accessory building or buildings.
D.
No sounds shall be audible outside the building.
E.
The property must front on and have driveway access to and sign location
on a street classified as a minor collector, major collector, minor
arterial or principal arterial roadway.
[Amended 10-10-2017 by Ord. No. 4558-17]
Boardinghouses and/or rooming houses are permitted as a conditional
use in those zones specified, subject to the following standards:
A.
The structure or use shall conform to all requirements for one-family
dwellings in the zoning district.
B.
Off-street parking facilities shall be provided on the premises in
the rear and/or side yards, but not in the front yard, of not less
than one parking space for each boarder or roomer and two parking
spaces for the owner.
C.
No structure or lot shall provide lodgings for more than three roomers
or boarders.
D.
The owner of the property shall have his place of residence in the
same house.
[1]
Editor's Note: Former § 101-9.14,
Drive-in restaurants, previously included in this chapter, was repealed
8-14-1991 by Ord. No. 2848-91.
[Amended 12-9-2003 by Ord. No. 3843-03; 10-28-2008 by Ord. No. 4164-08;[1] 10-10-2017 by Ord.
No. 4558-17; 7-13-2021 by Ord. No. 4700-21]
Hotels and motels are permitted as a conditional use in those
zones specified, subject to the following standards:
A.
Minimum lot area: two acres.
B.
Minimum lot area per unit: 1,500 square feet.
C.
The minimum lot width shall be 300 feet on lots of more than four
acres and 200 feet for lots of four acres or less.
D.
Maximum building coverage: 20%.
E.
On lots of more than four acres, maximum impervious coverage shall
be 40%. On lots of four acres or less with fewer than 50 parking spaces
and more than 150 feet from beaches, dunes or the mean high-water
line of tidal waters, maximum impervious coverage shall be 50%, unless
a lesser impervious coverage is mandated by the NJDEP under the Coastal
Area Facilities Review Act (CAFRA).[2]
[2]
Editor's Note: See N.J.S.A. 13:19-1 et seq.
F.
No building shall be located closer than 50 feet to any residential
property line.
G.
Minimum number of units: 20.
H.
No accessory building or parking area shall be located closer than
20 feet to a residential property line.
I.
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 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.
J.
The height of structures to be constructed may exceed the maximum
height requirements of this chapter; provided, however, that the front,
rear and side yard requirements set forth above shall be increased
by four feet for each foot by which the height of the structures exceeds
the maximum height which would be otherwise permitted by this chapter,
and further provided that in no case shall any proposed structure
exceed 50 feet in height.
K.
The maximum length of stay shall be 30 days.
L.
The site must front on a street classified as a minor arterial or
principal arterial roadway.
[1]
Editor's Note: This ordinance was readopted 3-10-2009 by Ord.
No. 4183-09.
[1]
Editor's Note: Former § 348-9.16, Shopping centers, as
amended, was repealed 10-10-2017 by Ord. No. 4558-17.
[Amended 8-14-1991 by Ord. No. 2848-91; 10-10-2017 by Ord. No. 4558-17; 7-13-2021 by Ord. No. 4700-21]
Veterinary clinics or hospitals or animal care facilities are
permitted as a conditional use in those zones specified, subject to
the following standards:
A.
Minimum lot area: two acres.
B.
The minimum lot width shall be 300 feet on lots of more than four
acres and 200 feet for lots of four acres or less.
C.
Minimum front yard setback, principal or accessory structures, including
kennels, pens and runs: 100 feet.
D.
Minimum side and rear yard setbacks, principal or accessory structures,
including kennels, pens and runs: 50 feet.
E.
On lots of more than four acres, maximum impervious coverage shall
be 40%. On lots of four acres or less with fewer than 50 parking spaces
and more than 150 feet from beaches, dunes or the mean high-water
line of tidal waters, maximum impervious coverage shall be 50%, unless
a lesser impervious coverage is mandated by the NJDEP under the Coastal
Area Facilities Review Act (CAFRA).[1]
[1]
Editor's Note: See N.J.S.A. 13:19-1 et seq.
F.
No building or area used for kennels, pens or runs shall be located
closer than 150 feet to any dwelling.
G.
Sufficient space shall be provided indoors for all animals kept at
the facility, and no animals may be kept out-of-doors between 9:00
p.m. and 7:00 a.m.
H.
Detailed plans and proposals for sanitary sewage and solid waste
disposal shall be submitted to the approving authority.
I.
Provisions shall be made for noise control which as a minimum shall
include the following:
J.
Soundproofing of all enclosed structures.
K.
Noise baffles or dense screening and landscaping of all outside pens,
kennels, cages and runs.
L.
Secondary buffer plantings between pens, kennels, cages and runs
and any exterior property line buffer strip when required by the approving
authority.
M.
All such facilities shall be licensed by and meet the requirements
of any appropriate county, state or federal regulatory agencies.
N.
The property must front on a street classified as a major collector,
minor arterial or principal arterial roadway.
[Amended 8-14-1991 by Ord. No. 2848-91; 10-27-1993 by Ord. No. 3009-93; 3-12-2002 by Ord. No. 3674-02; 12-9-2003 by Ord. No. 3843-03; 6-23-2009 by Ord. No. 4209-09; 10-10-2017 by Ord. No. 4558-17; 7-13-2021 by Ord. No.
4700-21]
Quasi-public and private club recreation areas are permitted
as a conditional use in those zones specified, subject to the following
standards:
A.
Quasi-public or private club buildings and recreation areas, including
clubhouses, parks, playgrounds, golf courses, tennis courts, swimming
pools, boat slips, docks and other such activities, are permitted
as a conditional use in those zones specified, subject to the following
standards, except that such facilities owned and operated by existing
beach clubs or yacht clubs are exempt from the requirements of the
section, but any alterations of facilities or expansion in area shall
require site plan approval from the Planning Board:
(1)
Minimum lot area: five acres.
(2)
Maximum building coverage by buildings and structures, including
swimming pools: 20% of the lot area.
(3)
Maximum impervious coverage: 40%.
(4)
No building shall be located closer than 50 feet to a residential
property line.
(5)
The property must front on and have access to a principal arterial
or minor arterial roadway.
(6)
The minimum lot width shall be 300 feet on lots of more than
four acres and 200 feet on lots of four acres or less.
[1]
Editor's Note: Former § 348-9.19, Commercial recreation
activities, as amended, was repealed 10-10-2017 by Ord. No. 4558-17.
[Amended 10-27-1993 by Ord. No. 3009-93; 10-10-2017 by Ord. No. 4558-17]
Farmers' markets, auction markets and similar businesses are
permitted as a conditional use in those zones specified, subject to
the following standards:
A.
Minimum lot area: two acres.
[Amended 7-13-2021 by Ord. No. 4700-21]
B.
No area utilized for outdoor sales shall be located closer than 50
feet to any residential property line and/or closer to any street
or other property line than the requirements for the zone in which
located.
C.
All areas utilized for parking vehicles, including vehicles of concessionaires,
shall be paved in accordance with the standards of this chapter.
D.
The property must front on and have access to a principal arterial
roadway.
[Amended 10-10-2017 by Ord. No. 4558-17]
Retail and office uses may be permitted as a conditional use
in the Industrial Zone, provided that the use and/or structures shall
adhere to the minimum standards of the Industrial Zone and the following:
[Amended 10-27-1993 by Ord. No. 3009-93; 12-9-2003 by Ord. No. 3843-03; 10-10-2017 by Ord. No. 4558-17]
Administrative office buildings limited to the executive or
administrative offices of industrial or business concerns and which
are not normally involved in conducting business with the general
public, and industrial research laboratories limited to experimental,
research and testing laboratories at which products or goods are not
produced for sale, are permitted as a conditional use in those zones
specified, subject to the following standards:
A.
Minimum lot area: five acres.
B.
Minimum lot width: 400 feet.
C.
Minimum lot depth: 400 feet.
D.
No building shall be located closer than 150 feet to any property
line.
E.
Maximum building coverage: 10%.
F.
Maximum impervious coverage: 80%.
G.
No parking area or accessory structure shall be located closer than
50 feet to any property line.
H.
The height of buildings to be constructed may exceed the maximum
height requirements of this chapter; provided, however, that the front,
rear and side yard requirements set forth above shall be increased
by four feet for each foot by which the height of the building exceeds
the maximum height which would be otherwise permitted by this chapter,
and further provided that in no case shall any proposed building exceed
50 feet in height.
I.
The lot shall have frontage on and all access shall be from a principal
arterial roadway.
J.
Research laboratories involving materials or processes that present
inherent danger of fire or explosion or which may provide objectionable
odors or smoke shall not be permitted.
[Amended 12-27-2011 by Ord. No. 4342-11; 10-10-2017 by Ord. No. 4558-17]
Billboards are permitted as a conditional use in those zones
specified, subject to the following standards:
A.
Maximum size: 15 feet vertically and 20 feet horizontally.
B.
Minimum front yard setback: 50 feet, but no less than 107 feet from
the center line of Route 9.
C.
Minimum side and rear yard setbacks: 50 feet.
D.
(Reserved)
E.
Maximum height: 30 feet.
F.
An off-premises multiple message sign, as regulated under N.J.A.C.
16:41C-8.8, shall meet all the standards required by that chapter,
and such standards are treated herein as conditional use standards.
No existing billboard, whether it be a conforming or nonconforming
structure, shall be permitted to convert to an off-premises multiple
message sign unless it meets all the conditional use standards for
billboards as set forth herein.
[Added 8-22-2017 by Ord.
No. 4554-17; amended 10-10-2017 by Ord. No. 4558-17]
Planned unit developments (PUDs) may be permitted as a conditional
use in those zones specified in accordance with the following:
A.
Planned unit developments shall only be permitted on parcels having
a minimum area of 20 acres. The nonresidential component of a planned
unit development shall occupy a minimum of 50% of the total area of
the site and shall consist of a minimum of 150 square feet of gross
floor area for each dwelling unit in the planned unit development.
B.
All nonresidential uses permitted in the RHB Rural Highway Business Zone are permitted in a planned unit development. Buffering, screening and landscaping shall be incorporated into the design as a means of either separating or integrating the uses into a cohesive design, in accordance with the standards set forth in § 348-8.4.
C.
Other conditional uses listed in the RHB District shall not be permitted
in a planned unit development, except that bulk storage of fuel used
solely in conjunction with a retail or wholesale outlet may be included
in the commercial component of a PUD as part of the conditional use
approval of the PUD.
D.
The residential component of the planned unit development shall not
exceed 50% of the total site area, and the number of dwelling units
in the entire development shall not exceed the product of the land
area of the residential component multiplied by the maximum density
of the residential component of 7.2 units per acre. Wetland transition
areas may be included in the calculation of allowable residential
units, but wetland areas as regulated and defined by the New Jersey
Department of Environmental Protection shall not be included in the
calculation of allowable residential units.
E.
Within a planned unit development, residential uses may be integrated into the nonresidential portion of the site, provided that the overall number of dwelling units in the entire development does not exceed the calculation set forth in Subsection D above. In addition, the bedroom count shall average no more than 2.0 bedrooms per unit for the entire development, except that single-family dwellings and three-bedroom units that are deed-restricted as affordable shall not be included in the overall calculation of average bedroom density.
F.
At least 20% of the residential units shall be affordable to low- and moderate-income households, as set forth in § 348-11.2. If the low- and moderate-income units are rentals, the overall residential yield may be increased by 15% as an incentive to develop such rental affordable housing.
G.
In designing a planned unit development, residential uses shall be placed in locations that can serve as transitional areas to nearby residential zoning districts and shall meet the fifty-foot buffer requirement as set forth in § 348-8.4A. Similarly, nonresidential uses may be functionally integrated into the overall development so they will be convenient to the nearby residents and accessible from the existing arterial highway system. Construction permits shall not be issued for more than 80% of the total dwelling units in the planned unit development unless construction permits have been issued for at least 80% of the required nonresidential component of the development, as set forth in Subsection A above.
H.
Open space, pedestrian, vehicular and bicycle networks shall be coordinated
with the circulation and open space objectives of the Township, with
particular attention given to areas that may be in centers as may
be designated by the State Planning Commission through the plan endorsement
process.
I.
Building height: 35 feet and two stories. May be increased to three stories, provided the density, impervious coverage, and lot coverage by building limitations established in this zoning district are not exceeded. The height of buildings with one or more floors devoted to retail, office or commercial use in a planned unit development shall be governed by § 348-10.27E(8).
J.
A minimum of 15% of the residential component of the plan shall be
set aside for open space. Open space to be created within the planned
unit development shall be suitable for passive or active recreation
uses and may include wetlands and forested areas that are valuable
for the protection of the natural environment. Such required open
space shall be located entirely within the residential component of
the plan.
K.
Any development approval of a planned unit development by the approving
authority shall contain a condition mandating a deed restriction to
enforce the requirements set forth in this section.
[1]
Editor's Note: Former § 348-9.24,
Community residences for the developmentally disabled, added 12-26-1978
by Ord. No. 1801, and as amended 1-23-1979 by Ord. No. 1806, was repealed
11-26-2002 by Ord. No. 3748-02.
[Added 12-14-2021 by Ord. No. 4720-21[1]]
Planned commercial developments, as defined in NJSA 40:55D-6,
are permitted as a conditional use in those zones specified, subject
to the following standards:
A.
Minimum tract area: 20 acres.
B.
The tract upon which the planned commercial development is proposed
shall conform to the following standards and requirements:
(1)
Such facility shall be located on a minor arterial or higher
order street and shall be so located as to not draw vehicular traffic
to and through residential streets.
(2)
A traffic impact study report shall be provided to the Planning
Board as part of site plan approval, even if a general development
plan approval was previously granted.
[1]
Editor's Note: Former § 348-9.25, Single-family attached
dwellings, added 4-26-1983 by Ord. No. 2166-83, was repealed 10-10-2017
by Ord. No. 4558-17.
[Added 12-14-2021 by Ord. No. 4720-21[1]]
Planned industrial developments, as defined in NJSA 40:55D-6,
are permitted as a conditional use in those zones specified, subject
to the following standards:
A.
Minimum tract area: 20 acres.
B.
The tract upon which the planned industrial development is proposed
shall conform to the following standards and requirements:
(1)
Such facility shall be located on a minor arterial or higher
order street and shall be so located as to not draw vehicular traffic
to and through residential streets.
(2)
Adequate fences, barriers and other safety devices shall be
provided to protect the safety of motorists and pedestrians.
(3)
Buffers, landscaping, berms and similar measures pursuant to § 348-8.4 shall be required by the Planning Board as part of site plan review.
(4)
A traffic impact study report shall be provided to the Planning
Board as part of site plan approval, even if a general development
plan approval was previously granted.
[1]
Editor's Note: Former § 348-9.26, Planned residential
retirement developments, added 4-9-1985 by Ord. No. 2309-85, as amended,
was repealed 10-10-2017 by Ord. No. 4558-17.
[Added 11-25-1986 by Ord. No. 2452-86; amended 7-10-1991 by Ord. No. 2840-91; 12-9-2003 by Ord. No. 3843-03; 10-10-2017 by Ord. No. 4558-17]
A continuing-care retirement community is permitted as a conditional
use in those zones specified, subject to the following standards:
A.
Minimum lot area: five acres.
[Added 7-13-2021 by Ord.
No. 4700-21]
B.
The site must have frontage on, and access to, a principal arterial
or minor arterial.
C.
The lot upon which the use is proposed shall conform to the following
standards and requirements:
[Amended 7-13-2021 by Ord. No. 4700-21]
D.
The permanent residents of the facilities shall be restricted to
those 65 years of age or older; however, nothing herein shall prohibit
a spouse from residing in the facility who is under the age of 65,
provided that such spouse is married to a resident who is 65 years
of age or older.
E.
All support facilities, functions and services shall be intended
for the use and benefit of the resident users of the facility and
their guests.
F.
Health care and support services, functions and facilities within
a life-care facility or development may include the following:
(1)
Indoor and outdoor recreational facilities.
(2)
Physical therapy facilities.
(3)
Entertainment facilities.
(4)
Libraries.
(5)
Food preparation facilities.
(6)
Dining facilities.
(7)
Linen service facilities.
(8)
Nursing service.
(9)
Housekeeping service.
(10)
Health care facilities and services, including nursing beds,
security facilities, administrative offices, storage facilities, chapels,
facilities for the temporary lodging of guests and limited service
facilities.
G.
Maximum building height: 35 feet, subject to the provisions of § 348-5.12; provided, however, that the height of the building or portion thereof may exceed the maximum as otherwise permitted, provided that the front, rear and side yard requirements set forth within the zone shall be increased by five feet for each foot by which the height of the building or part thereof exceeds the permitted maximum height, and further provided that in no case shall any proposed building or part thereof exceed 40 feet in height and three usable floor areas counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
H.
Any health care facility shall be licensed by and/or meet all appropriate
standards of federal, state or county regulatory agencies.
[1]
Editor's Note: Former § 348-9.28, Community shelters
for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90,
was repealed 10-10-2017 by Ord. No. 4558-17.
[1]
Editor's Note: Former § 348-9.29, Long-term residential
health care facilities, added 7-10-1991 by Ord. No. 2840-91, as amended,
was repealed 10-10-2017 by Ord. No. 4558-17.
[Added 12-27-2006 by Ord. No. 4064-06]
A.
The maximum size of a building used to house guests
shall be 5,000 square feet of floor area.
B.
The maximum number of rooms to be let for each establishment
shall be five.
C.
No more than two adults and two children may be accommodated
as guests in any single room.
D.
One parking space shall be provided for each room. Off-street parking facilities shall comply with § 348-8.20.
E.
Individual cooking facilities for guests are prohibited.
F.
In zones in which restaurants are not permitted, meals
may be served only to overnight guests. In other zones, a restaurant
may be operated as a second principal use, subject to all other applicable
requirements of this chapter.
G.
The maximum length of stay shall be 14 nights.
H.
Customarily incidental accessory recreational facilities
such as swimming pools and tennis courts shall be permitted as accessory
uses subject to the requirements of this chapter for such accessory
uses. Use of the facilities shall be restricted to the owner and overnight
guests.
I.
The establishment shall comply with all lot area and
setback requirements in the district in which it is located.
[Added 9-28-2010 by Ord. No. 4296-10]
A.
Legislative intent. The Township Council finds and determines that:
(1)
The federal government, through the Federal Communications Commission
(FCC), has issued personal wireless telecommunications licenses for
personal telecommunications services and other wireless technologies.
(2)
The FCC requires license holders to provide coverage to areas
where personal wireless telecommunications licenses have been acquired,
and this may require that such facilities be constructed in specified
locations and manners determined by engineering standards to achieve
such coverage.
(3)
The Federal Telecommunications Act of 1996 (FTA) preserves local
zoning authority to reasonably regulate personal wireless telecommunications
facilities (PWTFs), but the FTA mandates that localities may not unreasonably
discriminate among FCC license holders and that localities cannot
prohibit or adopt regulations which have the effect of prohibiting
the provision of wireless services, and the FTA gives the FCC sole
jurisdiction over radio frequency emissions of PWTFs so long as PWTFs
meet FCC standards.
(4)
It is necessary to reasonably regulate PWTFs and associated
personal wireless telecommunications equipment facilities (PWTEFs)
to minimize potential aesthetic impacts.
(5)
There is a need to establish provisions in the Toms River Township
land use code to address the siting of PWTFs and PWTEFs.
B.
ANTENNA
ANTENNA SUPPORT STRUCTURE
CO-LOCATION
PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEFs)
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFs)
TELECOMMUNICATIONS TOWER
TOMS RIVER COMMUNITY
WIRELESS COMMUNICATIONS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A system of electrical conductors that transmit or receive
radio frequency signals for wireless communications.
A structure other than a telecommunications tower which is
attached to a building and on which one or more antennas are located.
Use of a common PWTF or a common site by two or more wireless
license holders or by one wireless license holder for more than one
type of communication technology and/or placement of a PWTF on a structure.
Facilities serving and subordinate in area, extent and purpose
to, and on the same lot as, a telecommunications tower or antenna
location. Such facilities include, but are not limited to, transmission
equipment, equipment cabinets, storage sheds, storage buildings and
security fencing.
Facilities for the provision of wireless communications services,
including, but not limited to, antennas, antenna support structures,
telecommunications towers and related facilities other than PWTEFs.
A freestanding structure on which one or more antennas are
located, including lattice towers, guyed towers, monopoles and similar
structures.
The Township of Toms River, in the County of Ocean, State
of New Jersey.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 (FTA) which include FCC-licensed commercial
wireless telecommunications services, including cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging and similar services that
currently exist or that may in the future be developed. It does not
include any amateur radio facility that is owned and operated by a
federally licensed amateur radio station operator or is used exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
C.
Purpose and goals. The purpose of this section is to provide sound
land use policies, procedures and regulations for personal wireless
telecommunications facilities to protect the Toms River community
from the visual or other adverse impacts of these facilities, while
encouraging their unobtrusive development to provide comprehensive
wireless telecommunications services in the Toms River community with
its benefits to residents and businesses. This section expresses a
preference that antennas be located on existing buildings and towers,
preferably on municipal or other public property, and not on newly
constructed telecommunications towers, and encourages co-location
and site sharing of new and existing PWTFs.
D.
Development standards.
(1)
Height standards. Where permitted, PWTFs may exceed the maximum
building height limitations, provided the height has the least visual
impact and is no greater than required to achieve service area requirements
and potential co-location, when visually appropriate. PWTEFs are limited
to 12 feet in height.
(2)
Setback standards. All PWTFs and PWTEFs shall be subject to
the minimum yard requirements of the zoning district in which it is
located, provided the minimum setback may be increased where necessary
to address safety concerns. If PWTEFs are located on the roof of a
building, the area of the PWTEFs and other equipment and structures
shall not occupy more than 25% of the roof area.
E.
Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless communications service within the Toms River community, PWTFs and PWTEFs shall be permitted as a conditional use in all districts. Proposals on lower priority sites with less visual impact, assessed under Subsection F below, shall take preference over higher priority sites. Locational priorities shall consist of the following:
(1)
The first priority location shall be on lands or structures
owned by Toms River Township, if feasible and available.
(2)
The second priority location shall be on lands or structures
owned by the Toms River Regional School District, if feasible and
available.
(3)
The third priority location shall be co-location on existing
PWTFs (or existing water tanks), provided that the new installation
does not increase the height by more than 10%.
(4)
The fourth priority location shall be existing buildings, steeples,
bell towers, poles or other structures which can be used for PWTEFs
and PWTFs in such a manner as to render the antennas and related equipment
as visually unobtrusive as possible.
(5)
The fifth priority location shall be such locations as the applicant
proves are essential to provide required service to the Toms River
community.
F.
Conditional use standards. All PWTFs and PWTEFs shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under Subsection E above shall be deemed more acceptable than lower priority sites.
(1)
Sites for PWTFs and PWTEFs must demonstrate that they provide
the least visual impact on residential areas and public ways. All
potential visual impacts must be analyzed to illustrate that the selected
site provides the best opportunity to minimize the visual impact of
the proposed facility.
(2)
PWTEFs should be located to avoid being visually solitary or
prominent when viewed from residential areas and the public way. The
facility should be obscured by vegetation, tree cover, topographic
features and/or other structures to the maximum extent feasible.
(3)
PWTFs and PWTEFs shall be placed to ensure that historically
significant viewscapes, streetscapes and landscapes are protected.
The views of and vistas from architecturally and/or significant structures
should not be impaired or diminished by the placement of telecommunications
facilities.
(4)
The applicant must document he or she is using the least visually
obtrusive technology to provide the required service. The applicant
must present to the applicable land use board of jurisdiction information
on the available technologies for the proposed location and document
that the selected technology has the least visual impact.
(5)
The applicable land use board may waive any of the above standards
upon the applicant showing that enforcement would prevent the applicant
from satisfying its license requirements.
G.
Site design standards. The following design standards shall apply
to PWTFs and PWTEFs installed or constructed pursuant to the terms
of this section:
(1)
Co-location. Any ordinance limitation on the number of structures
on a lot shall not apply when PWTFs and PWTEFs are located on a lot
with existing buildings or structures.
(2)
Fencing and other safety devices. PWTFs and PWTEFs shall be
surrounded by security features, such as a fence, which prevent unauthorized
access. Other safety measures such as anticlimbing devices may be
considered by the applicable land use board in accordance with applicable
federal U.S. Department of Labor, Occupational Safety and Health Administration
standards and state building code requirements.
(3)
Landscaping. Landscaping shall be provided along the perimeter
of the security fence to provide a visual screen or buffer for adjoining
private properties and the public right-of-way. Required front yard
setback areas shall be landscaped. All PWTEFs shall be screened by
an evergreen hedge eight to 10 feet in height at planting time and/or
a solid fence eight feet in height.
(4)
Signs. Signs shall not be permitted except for signs displaying
owner contact information, warnings, equipment information and safety
instructions. Such signs shall not exceed two square feet in area.
No commercial advertising shall be permitted on any PWTF or PWTEF.
(5)
Color. PWTFs and PWTEFs shall be of a color appropriate to the
locational context and to make them as unobtrusive as possible, unless
otherwise required by the Federal Aviation Administration (FAA).
(6)
Activity and access. All equipment shall be designed and automated
to the greatest extent possible in order to reduce the need for on-site
maintenance and thereby to minimize the need for vehicular trips to
and from the site. Access shall be from established site access points
whenever possible. Minimal off-street parking shall be permitted as
needed and as approved by the applicable land use board.
(7)
Dish antennas. Dish antennas shall be colored, camouflaged or
screened to make them as unobtrusive as possible, and in no case shall
the diameter of a dish antenna exceed 18 inches.
(8)
Lighting. No lighting is permitted except as follows:
(a)
PWTEFs enclosing electronic equipment may have security and
safety lighting at the entrance or point of enclosure, provided that
the light is attached to the facility, is focused downward and is
on timing devices and/or sensors so that the light is turned off when
not needed for safety or security purposes; and
(b)
No lighting is permitted on a PWTF except lighting that specifically
is required by the Federal Aviation Administration (FAA), and any
such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
(9)
Monopole. Any proposed new telecommunications tower shall be
a monopole unless the applicant can demonstrate that a different type
of pole is necessary for the co-location of additional antennas on
the tower. Such towers may employ camouflage technology.
(10)
Noise. No equipment shall be operated so as to produce noise
in excess of the limits set by the local noise ordinance, except for
in emergency situations requiring the use of a backup generator.
(11)
Radio frequency (RF) emissions. The FTA gives the FCC sole jurisdiction
of the field of regulation of RF emissions. PWTFs which meet FCC standards
shall not be conditioned or denied on the basis of RF impacts. Applicants
shall provide current FCC information concerning PWTFs and RF emission
standards. PWTFs shall be required to provide information on the projected
power density of the proposed facility and how this meets the FCC
standards.
(12)
Structural integrity. PWTFs must be constructed to the Electronics
Industries Association/Telecommunications Industries Association (EIA/TIA)
222 Revision F Standard, entitled "Structural Standards for Steel
Antenna Towers and Antenna Supporting Structures" (or equivalent),
as it may be updated or amended.
(13)
Maintenance. PWTFs shall be maintained to assure their continued
structural integrity. The owner of the PWTF shall also perform such
other maintenance of the structure and of the site as to assure that
it does not create a visual nuisance.
H.
Co-location policy. It is the policy of the Township of Toms River
to minimize the number of PWTFs and to encourage the co-location of
antenna arrays of more than one wireless telecommunications service
provider on a single support tower. In furtherance of this policy:
(1)
The municipal engineer shall maintain an inventory of existing
PWTF locations within or near the Toms River community.
(2)
An applicant proposing a PWTF at a new location shall demonstrate
that it made a reasonable attempt to find a co-location site that
is technically feasible and that none was practically or economically
feasible. The applicant shall include in its design the opportunity
for co-location by others or explain why co-location is not feasible.
Applications within the fourth locational priority are exempt from
this requirement.
(3)
Each application for a PWTF shall be accompanied by a plan which
shall reference all existing PWTF locations in the Toms River community
inventory, any such facilities in the abutting towns which provide
service to areas within the Toms River community and any changes proposed
within the following twelve-month period, including plans for new
locations and the discontinuance or relocation of existing facilities.
(4)
Each applicant shall include a site location alternative analysis
describing the location of other sites considered, the availability
of those sites, the extent to which other sites do or do not meet
the provider's service or engineering needs and the reason why the
subject site was chosen.
(a)
The analysis shall address the following issues:
[1]
How the proposed location of the PWTF relates to
the objective of providing full wireless communication services within
the Toms River community at the time full service is provided by the
applicant throughout the Toms River community;
[2]
How the proposed location of the proposed PWTF
relates to the location of any existing antennas within and near the
Toms River community;
[3]
How the proposed location of the proposed PWTF
relates to the anticipated need for additional antennas within and
near the Toms River community by the applicant and, to the extent
known, by other providers of wireless communication services within
the Toms River community;
[4]
How the proposed location of the proposed PWTF
relates to the objective of co-locating the antennas of many different
providers of wireless communication services on the same PWTF. Applications
within the fourth locational priority are exempt from this requirement;
and
[5]
How its plan specifically relates to and is coordinated
with the needs of all other providers, to the extent known, of wireless
communication services within the Toms River community.
(b)
The applicable land use board may retain technical consultants
as it deems necessary to provide assistance in the review of the site
location alternatives analysis. The service provider shall bear the
reasonable cost associated with such consultation, which cost shall
be deposited in accordance with Toms River's escrow provisions.
I.
Removal of abandoned PWTFs. Any PWTF that is not operated for a continuous
period of 12 months shall be considered abandoned. If there are two
or more users of a single PWTF, then the abandonment shall not become
effective until all users cease using the PWTF for a continuous period
of 12 months. The owner of such PWTF shall remove same within 90 days
of notice from the Zoning Officer that the PWTF is abandoned. If such
PWTF is not removed within said 90 days, the municipality may remove
such PWTF at the owner's expense. If the facility is to be retained,
the provider(s) shall establish that the facility will be reused within
one year of such discontinuance. If a facility is not reused within
one year, a demolition permit shall be obtained and the facility removed.
At the discretion of the Zoning Officer, upon good cause shown, the
one-year reuse period may be extended for a period not to exceed one
additional year.
J.
Nonconforming PWTFs. PWTFs in existence on the date of the adoption
of this section which do not comply with the requirements of this
section (nonconforming PWTFs) are subject to the following provisions.
(1)
Nonconforming PWTFs may continue in use for the purpose now
used, but may not be expanded without complying with this section.
(2)
Nonconforming PWTFs which are partially damaged or destroyed
due to any reason or cause may be repaired and restored to their former
use, location and physical dimensions, subject to obtaining a construction
permit therefor, but without otherwise complying with this section.
If this destruction is greater than partial, then repair or restoration
will require compliance with this section.
(3)
The owner of any nonconforming PWTF may repair, rebuild and/or
upgrade (but not expand such PWTF or increase its height or reduce
its setbacks) in order to improve the structural integrity of the
facility, to allow the facility to accommodate co-located antennas
or facilities or to upgrade the facilities to current engineering,
technological or communications standards without having to conform
to the provisions of this section.
K.
Additional site plan submission requirements. In addition to the
applicable documentation and items of information required for site
plan approval, the following additional documentation and items of
information are required to be submitted to the applicable land use
board for review and approval as part of the site plan submission:
(1)
Documentation by a qualified expert regarding the capacity of
any proposed PWTF for the number and type of antennas;
(2)
Documentation by a qualified expert that any proposed PWTF will
have sufficient structural integrity to support the proposed antennas
and the anticipated future co-located antennas and that the structural
standards developed for antennas by the Electronic Industries Association
(EIA) and/or the Telecommunications Industry Association (TIA) have
been met;
(3)
A letter of intent by the applicant, in a form which is reviewed
and approved by the Township Attorney, indicating that the applicant
will share the use of any PWTF with other approved providers of wireless
communication services; and
(4)
A visual impact study, graphically simulating through models,
computer-enhanced graphics or similar techniques, the appearance of
any proposed tower and indicating its view from at least the five
locations around and within one mile of the proposed PWTF where the
PWTF will be most visible. Aerial photographs of the impact area shall
also be submitted.
[Added 7-25-2017 by Ord.
No. 4552-17; amended 4-27-2021 by Ord. No. 4696-21; 12-28-2022 by Ord. No. 4764-22]
A.
Definitions.
(1)
All definitions of words, terms and phrases that are set forth
in the Communications Act of 1934, P.L. 73-416, as amended by various
statutory enactments including, but not limited to, the Telecommunications
Act of 1996 P.L. 104-104, are incorporated herein and are made apart
hereof.
(2)
All definitions of words, terms and phrases that are set forth
in the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et. seq.,
are incorporated herein and are made a part hereof.
(3)
All of the definitions of words, terms and phrases that are
set forth in the Code of Federal Regulations at 47 CFR 1.6002, as
amended, are incorporated herein and are made a part hereof.
(4)
ADMINISTRATIVE REVIEW
ANTENNA
APPLICABLE CODES
APPLICANT
APPLICATION
AUTHORITY
CO-LOCATE
COLLOCATION
COMMUNICATIONS FACILITY
COMMUNICATIONS SERVICE
COMMUNICATIONS SERVICE PROVIDER
CONSULTANT
FCC
LAWS
ORDINARY MAINTENANCE AND REPAIR
PERMIT, ROW PERMIT or SMALL CELL PERMIT
PERMITTEE
PERSON
PERSONAL WIRELESS SERVICES
PUBLIC RIGHT-OF-WAY
SMALL WIRELESS FACILITIES INFRASTRUCTURE
SMALL WIRELESS FACILITY
(a)
(b)
SMART POLE
UTILITY POLE
WIRELESS COMMUNICATIONS INFRASTRUCTURE
In addition to the foregoing, the following words, terms and
phrases shall have the meanings indicated unless an alternate meaning
clearly is discernable from the context in which the word, term or
phrase is used:
Ministerial review of an application by the Township to determine
whether the issuance of a permit is in conformity with the applicable
provisions of this section.
Communications equipment that transmits and/or receives electromagnetic
radio frequency signals used in the provision of wireless services.
This definition does not apply to broadcast antennas, antennas designed
for amateur radio use, or satellite dishes for residential or household
purposes.
Uniform building, fire, safety, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization
to the extent such codes have been adopted by the Authority, including
any amendments adopted by the Authority, or otherwise are applicable
in the jurisdiction.
Any person or entity who submits an application under this
section, such as a provider described herein.
A written request, on a form provided by the Township of
Toms River.
The Township Council of the Township of Toms River or its
designee.
To install or mount a small wireless facility in the public
right-of-way on an existing support structure, on an existing pole,
on a new pole, or smart pole.
Has a corresponding meaning.
Collectively, the equipment at a fixed location or locations
within the public ROW that enables communications services, including;
(i) radio transceivers, antennas, coaxial, fiber-optic or other cabling,
power supply (including backup battery), and comparable equipment,
regardless of technological configuration; and (ii) all other equipment
associated with any of the foregoing. A communications facility does
not include the pole or support structure to which the equipment is
attached.
Cable service, as defined in 47 U.S.C. § 522(6);
information service, as defined in 47 U.S.C. § 153(24);
or telecommunications service, as defined in 47 U.S.C. § 153(53).
A provider of communications services and includes a cable
operator as defined in 47 U.S.C. § 522(5).
Any person appointed by the Borough to serve as a consultant
for the Borough for all matters concerning this section, and who may
be contracted for professional services.
The Federal Communications Commission of the United States.
Collectively, any and all federal, state or local law, statute,
common law, code, rule, regulation, order, or ordinance.
Inspections, testing and/or repair that maintain functional
capacity, aesthetic and structural integrity of a communications facility
and/or the associated support structure or pole that does not require
blocking, damaging or disturbing any portion of the public ROW.
A written authorization to install, at a specified location(s)
in the public ROW, a communications facility or a pole to support
a communications facility.
An applicant that has received a permit under this section.
An individual, corporation, limited liability company, partnership,
association, trust or other entity or organization, including a governmental
entity.
As defined in 47 U.S.C. § 332(c)(7)(C), as supplemented
and/or as amended.
The surface, the airspace above the surface and the area
below the surface of any street, road, highway, lane, alley, boulevard
or drive, including the sidewalk, shoulder and area for utilities
owned by Toms River.
A smart pole meeting the above definition or other co-locatable
infrastructure designed or deployed for the purpose of supporting
small wireless facility, the types of which may be approved by geographical
zones as defined by Toms River.
As defined in the Code of Federal Regulations at 47 C.F.R. § 1.6002(1),
as supplemented and/or as amended.
A wireless facility that meets both of the following qualifications:
i) each antenna is located inside an enclosure of no more than six
cubic feet in volume or, in the case of an antenna that has exposed
elements, the antenna and all of its exposed elements could fit within
an imaginary enclosure of no more than six cubic feet; and ii) all
other wireless equipment attached directly to a utility pole associated
with the facility is cumulatively no more than 25 cubic feet in volume.
The following types of associated ancillary equipment are not included
in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, ground-based enclosures,
grounding equipment, power transfer switch, cut-off switch, and vertical
cable runs for the connection of power and other services.
A decorative utility pole that conceals three or more small
wireless facility installation(s) and may include other features such
as Street lighting, 911 call service access, public access wi-fi and
surveillance cameras. A smart pole must allow for multiple occupants
and allow space for municipal use for other services and/or equipment.
Smart poles shall neither have external latches, external hinges,
external cabling, or other attachments. The pole should be made of
an inherently rust-resistant material (ie. aluminum alloys or stainless
steel).
A wooden or metal pole that is used by public utilities to
support electrical wires, telephone wires, coaxial cables, fiber optic
cables and like and similar appurtenances.
Infrastructure designed specifically for the purpose of supporting
wireless facility equipment deployments, including large-scale (macro)
co-locatable infrastructure as well as small wireless facilities infrastructure.
(5)
In the event that a term, word or phrase is not defined in any
of the aforementioned statutes and is not otherwise defined herein
then that term, word or phrase shall have its common, ordinary meaning.
B.
Small wireless facility siting permit required; consent to use rights-of-way
required.
(1)
No person shall place a small wireless facility in any right-of-way
without first filing a small wireless facility siting permit application,
in the form specified herein and in accordance with the procedures
specified herein, with the Township Clerk and obtaining a siting permit
therefore, except as otherwise may be provided in this section. Upon
approval of a siting permit application, the siting permit authorizing
placement of a small wireless facility in a public right-of-way shall
not be issued by the Township Clerk to any applicant unless:
(a)
All siting permit application fees and escrow fees, as established
herein, have been paid; and
(b)
All other governmental permits or other governmental approvals
that are required for the deployment(s) proposed by the applicant's
siting permit application under the New Jersey Uniform Construction
Code Act, N.J.S.A. 52:27D-119, et. seq., and the administrative regulations
adopted thereunder, XXXXXXX, Street Openings, of the Code of the Township
of Toms River,[1] and by any other applicable federal, state or municipal
law have been issued by the appropriate issuing authority therefor
to the applicant and the applicant has supplied copies of such other
permits or approvals to the Township Clerk for inclusion with the
applicant's application documents; and
(c)
The applicant has entered into a "right-of-way use agreement,"
the approved form of which is set forth in Appendix "A" to this section,[2] with the Toms River. The approved form of "right-of-way
use agreement" may from time-to-time be revised, supplemented or otherwise
amended or replaced. All such revisions, supplements, amendments or
replacements shall be approved by resolution of Township Council.
The Township Clerk shall maintain on file the currently approved right-of-way
use agreement version and shall provide a copy to all siting permit
applicants. Minor deviations to the terms and conditions that are
set forth in the approved form of right-of-way use agreement may be
approved by Toms River Council at the time that it grants consent
to use a right-of-way to a siting permit applicant.
[2]
Editor's Note: Said appendix is on file in the Township
offices.
(2)
No siting permit authorizing placement of a small wireless facility
in a public right-of-way shall be issued to any applicant unless the
Township Council, in the manner prescribed by applicable laws of the
State of New Jersey, has granted to the siting permit applicant its
consent to use public rights-of-way within the Township. No siting
of a small wireless facility shall be permitted within 500 feet of
another small wireless facility unless it can be established by clear
and convincing evidence that compliance with these regulations would
effectively prohibit the applicant from providing service and that
co-location on an existing or previously approved small wireless facility
is not feasible. Any claims of applicants of technical incompatibility
or inability to co-locate need to be demonstrated scientifically by
the applicant how technical incompatibility exists, not disproven
by the municipality. Responsibility for judging proof of said claims
lies solely with the municipality and/or or its chosen representative(s).
C.
Installation of new structures; installation on existing structures.
(1)
No application for a small wireless facility siting permit shall be approved if the application proposes the deployment of a small wireless facility upon an existing structure in a right-of-way unless the structure is one of the types of smart poles that are set forth in Subsection A, Definitions, of this section and such smart pole specifically is designed to accommodate the reasonable and customary equipment necessary for a small wireless facility installation which will accommodate at least three carriers per small wireless facility deployment. Any exception to this requirement must be accompanied by clear and convincing evidence that co-location on an existing or previously approved small wireless facility is not feasible. Any claims of applicants of technical incompatibility or inability to comply with this requirement need to be demonstrated scientifically by the applicant, not disproven by the municipality. Responsibility for judging proof of said claims lies solely with the municipality and/or or its chosen representative(s).
(2)
No small wireless facility shall be installed upon any new structure within any right-of-way unless the new structure is one of the types of smart poles that are identified in Subsection A, Definitions, of this section. A replacement pole is a new structure. The restrictions on new structures set forth herein shall not apply to new structures to be constructed in the following zoning district: INSERT ZONE IF APPLICABLE.[3]
[3]
Editor's Note: So in original.
(3)
No application for a small wireless facility siting permit shall
be approved if the application proposes the deployment of a small
wireless facility in an area other than those specific locations set
forth within the City's Wireless Siting Plan, which can be found
on file with the Office of the City Clerk. All small wireless facilities
must be placed within a twenty-five-foot radius of those specific
locations set forth on the City's Wireless Siting Plan. No more
than one smart pole shall be permitted per intersection or block if
the Siting Plan calls for the deployment of a small wireless facility
at any location other than an intersection, unless otherwise specified
within the Wireless Siting Plan. No smart poles shall be located within
500 feet of another. Any claims of carriers of technical incompatibility
or inability to comply with this requirement need to be proven by
the carrier, not disproven by the municipality. Responsibility for
judging proof of said claims lies solely with the municipality and/or
or its chosen representative(s).
D.
Siting permit application process.
(1)
Application filing. An application for a siting permit to place
one or more small wireless facility within a right-of-way shall be
made on forms which shall be available from the Office of the Township
Clerk. The application, along with the required application fee and
the required escrow fee, shall be filed with the Township Clerk. Immediately
upon receipt of an application, the Township Clerk shall provide copies
of the application and all supporting documents that were submitted
by the applicant with the application, to the Township Engineer, Zoning
Official, Construction Official and the Township Attorney.
(2)
Application form. The small wireless facility siting permit
application shall be made by a provider of personal wireless services,
its duly authorized representative, as noted in a notarized statement
from the provider of personal wireless services, on whose behalf the
representative is acting, or an entity in the business of deploying
wireless communications facilities or infrastructure, and shall contain
the following:
(a)
The applicant's name, address, telephone number and e-mail
address;
(b)
The names, addresses, telephone numbers, and e-mail addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application;
(c)
A general description of the proposed small wireless facility,
existing structure and new structure work to be performed. The scope
and detail of such description shall be appropriate to the nature
and character of the work to be performed, with particular emphasis
on those matters, including, but not limited to, subsurface utilities
likely to be affected or impacted by the work proposed along with
a description of such other governmental permits or approvals as may
be required by applicable law with respect to the proposed installation(s)
and a description of such other permits or approvals for which the
applicant has applied;
(d)
Authorization for any consultant acting on behalf of the applicant
to speak with the Township or a designee of the Township, on the area
of consultation for the applicant even if the applicant cannot be
available;
(e)
Verification via sworn statement from an appropriate professional
that the small wireless facility shall comply with all applicable
federal, state and local laws, administrative regulations and codes;
[1]
With respect to radio frequency emissions, the
applicant must provide a sworn statement from a qualified radio frequency
engineer that the application will comply with all applicable federal,
state, and local laws regarding radio frequency emissions.
(f)
The applicant shall certify that they shall make available approved
facilities to all major wireless carriers in the marketplace. The
applicant shall further certify that they will encourage, manage and
coordinate the location and placement of any interested carrier's
equipment on their structure.
(3)
An applicant seeking to deploy a network of small wireless facilities,
all of which are to be located in rights-of-way, may file a batched
application for up to 25 small wireless facilities and receive a single
siting permit for multiple small wireless facilities. Any denial of
any individual small wireless facilities within a batched application,
will not impact the consideration of other sites within the same application.
E.
Procedure on permit application; no exclusive rights.
(1)
Toms River shall review the application for a small wireless
facility siting permit in light of its conformity with the provisions
of this section, and shall approve or deny a siting permit on nondiscriminatory
terms and conditions subject to the following requirements:
(2)
Time frames.
(a)
Toms River shall make its final decision to approve or deny
the application within the following time frames:
[1]
Sixty days from the submission of a complete application
to install a small wireless facility upon one or more existing structures.
[2]
Ninety days from the submission of a complete application
to install a small wireless facility upon one or more new structures.
[3]
Ninety days from the submission of a complete batched
application to install small wireless facilities upon both existing
and new structures.
(b)
The time frames described above by which an application shall
be either approved or denied may be extended by mutual consent of
the applicant and Toms River. Such consent shall be set forth on a
form for such purposes which shall be available from the Office of
the Township Clerk. Such consent on behalf of the Township shall be
exercised by the Township Engineer in his/her reasonable discretion.
(3)
The Township Clerk shall notify the applicant in writing of
the final decision, and if the application is denied specify the basis
for denial; and cite such specific provisions, as may be recommended
by the Township Attorney, from federal, state, or local laws, administrative
regulations or codes as to why the application was denied.
(4)
Notwithstanding an initial denial, the applicant may cure any
deficiencies identified by the Township within 30 days of the denial
without paying an additional application fee, provided the Township
Clerk shall approve or deny the revised application within 30 days
of receipt of the amended application which shall be limited to the
deficiencies specified in the original notice of denial.
(5)
A siting permit from the Township authorizes an applicant to
undertake only certain activities in accordance with this section.
No approval or consent granted, or siting permit issued, pursuant
to this section shall confer any exclusive right, privilege, license
or franchise to occupy or use any public right-of-way within the Toms
River for the delivery of telecommunications services or for any other
purpose.
(6)
Nothing in this section affects an applicant's obligation
to apply for other permits that may be required under this code, such
as street opening permits or construction permits, for which the applicant
has not yet applied. No small wireless facility siting permit shall
be approved until the applicant has applied for all other permits
and approvals required by all other laws and regulations that are
applicable to the applicant's proposed small wireless facility
deployment.
F.
Duration. No siting permit issued under this section shall be valid
for a period longer than 12 months unless construction has actually
begun and continuously and diligently is pursued to completion. Upon
written request from the applicant, the Mayor, upon consultation with
the Construction Official, may extend the siting permit for a period
of up to 12 months so long as construction has begun at the time that
the applicant's request for an extension is made.
G.
Routine maintenance and replacement.
(1)
A small wireless facility siting permit shall not be required
for:
(a)
Routine maintenance of a small wireless facility.
(b)
The replacement of a small wireless facility with another small
wireless facility that is the same or smaller in size, weight and
height to the small wireless facility that is being replaced:
[1]
Provided, however, that on a location where the
Township and/or another provider has placed equipment or facilities,
any routine maintenance or replacement that is done shall not occur
until written authorization from the Township and/or the other provider,
as the case may be, to proceed is provided to the Township, which
authorization to proceed shall not unreasonably be withheld by the
Township and/or the other provider;
[2]
Provided, further, that if the replacement of a
small wireless facility with another small wireless facility includes
replacement of the structure to which the small wireless facility
is attached, then an application for a siting permit shall be required.
H.
Fees.
(1)
Application fees. All applications for approval and issuance
of a small wireless facility siting permit pursuant to this section
shall be accompanied by a fee as follows:
(a)
For applications that do not include the installation of any
new structures within a right-of-way the application fee shall be
$500 for up to five small wireless facilities with an additional $100
for each small wireless facility beyond five.
(b)
For applications that include the installation of a new structure
within a right-of-way the application fee shall be $1,000 for up to
five small wireless facilities with an additional $100 for each small
wireless facility beyond five.
(2)
Other fees. No pole attachment fees will be assessed by the
Township unless and until an applicant applies for pole attachment
to a Township-owned pole.
(3)
Annual rate: $270 Annual ROW maintenance rate per small wireless
facility, starting on the anniversary of the permit.
I.
Escrow fee for third-party professionals and consultants.
(1)
In addition to the application fee, all applications for approval
and issuance of a small wireless facility siting permit shall be accompanied
by an escrow fee as follows:
(a)
For applications whose proposed small wireless facility deployment(s)
will not require a street opening permit pursuant to the Code of the
Township of Toms River: $5,000.
(b)
For applications whose proposed small wireless facility deployment(s)
will require a street opening permit pursuant to the Code of the Township
of Toms River: $7,500.
(2)
The escrow account deposits are required to pay for the costs
of professional services, including engineering, planning, legal and
other third-party professional consulting expenses connected with
the review of submitted materials, including any traffic engineering
review or other special analyses related to the Township's review
of the materials submitted by the applicant and the preparation of
any reports or any necessary legal agreement regarding rights-of-way
use. An applicant is required to reimburse the Township for all fees,
costs and expenses of third-party professionals and consultants incurred
and paid by the municipality for the review process of a small wireless
facility siting permit application, such as, but not limited to:
(a)
Professional fees for reviews by third-party professionals or
consultants of applications, plans and accompanying documents;
(b)
Issuance of reports or analyses by third-party professionals
or consultants to the Township setting forth recommendations resulting
from the review of any documents submitted by the applicant;
(c)
Charges for any telephone conference(s) or meeting(s), including
travel expenses, requested or initiated by the applicant, the applicant's
attorney or any of the applicant's experts or representatives;
(d)
Review of additional documents submitted by the applicant and
issuance of reports or analyses relating thereto;
(e)
Review or preparation of right-of-way use agreements, easements,
deeds, right-of-way municipal consent ordinances or resolutions and
any and all other like or similar documents; and
(f)
Preparation for and attendance at all meetings by third-party
professionals or consultants serving the Township, such as the Township
Attorney, Township Engineer and Township Planner or other experts
as required.
(3)
The escrow account deposits shall be placed in a separate account
by the Chief Financial Officer at the request of the Township Clerk
and an accounting shall be kept of each applicant's deposit.
Thereafter:
(a)
All third-party professional or consultant fees, costs, expenses
and charges shall be paid from the escrow account and charged to the
applicant. Third-party professional or consultant fees shall not be
disbursed from escrow if they are for a service performed in the context
of an identical paid service between the applicant and same third
party who may otherwise be entitled to said fees.
(b)
Upon either final denial of a small wireless facility siting
permit application or upon issuance of a small wireless facility siting
permit, any moneys not expended for third-party professional or consulting
services shall be returned to the applicant within 90 days upon written
request by the applicant and as authorized by the Township Council.
(c)
If at any time during the application review process 75% of
the money originally posted shall have been expended, the applicant
shall be required to replenish the escrow deposit to 100% of the amount
originally deposited by the applicant.
(d)
No small wireless facility siting permit application shall be
considered complete until such time as the required escrow fee has
been posted to guarantee payment of third-party professional or consultant
fees, costs, expenses and charges.
(e)
All payments charged to the escrow deposit shall be pursuant
to vouchers from the third-party professionals or consultants stating
the hours spent, the hourly rate and the fees, costs, expenses and
charges incurred.
(f)
Third-party professionals and consultants submitting charges
pursuant to this section shall be permitted to charge for such services
at the same rates as they would charge their private clients for like
or similar work provided that:
[1]
Professional fees are billed at rates that do not
exceed such professional fees as are customarily charged by other
like professionals and consultants performing similar work within
the Township; and
[2]
Out-of-pocket costs, expenses and charges are billed
on a dollar-for-dollar basis with no mark-up being permitted.
(4)
The Township shall render a written final accounting to the
applicant on the uses to which the escrow deposit was applied. The
written final accounting shall include copies of all vouchers that
were submitted by third-party professionals and consultants and paid
by the Township.
J.
Municipal access to new structures. An applicant whose siting permit includes the installation of any new smart pole structure of any of the types that are defined in in Subsection A, Definitions, of this section shall provide the Township with access to space within the smart pole structure for the purpose of deploying Township's own equipment, including, but not limited to, public access wi-fi, 911 call service or security cameras. Notwithstanding the foregoing, the municipal use shall not interfere with small wireless facilities of any other users of that smart pole. Any municipal use pursuant to this section shall include a reimbursement to the applicant, on an annual basis, of the costs, on a dollar-for-dollar basis, of providing the Township with such access. Such costs shall be limited to the costs of providing electricity to the components used by the Township and the costs of any repairs required to be made to the components used by the Township, unless the repair costs are necessitated by the acts of the applicant or subsequent owner of the structure, without regard to whether such acts are negligent or intentional.
K.
Effect on other communications services. Notwithstanding any provision
to the contrary, nothing in this Code should be interpreted to have
the effect of prohibiting or effectively prohibiting the deployment
of broadband or other communications services.
[Amended 9-14-1982 by Ord. No. 2116; 4-16-1987 by Ord. No.
2481-87; 12-22-1987 by Ord. No. 2533-87; 7-12-1988 by Ord. No.
2592-88; 12-26-1991 by Ord. No. 2881-91; 5-11-1994 by Ord. No.
3036-94; 2-22-1995 by Ord. No. 3084-95; 1-26-1999 by Ord. No.
3403-99; 2-13-2002 by Ord. No. 3665-02; 4-9-2002 by Ord. No.
3688-02; 3-25-2003 by Ord. No. 3781-03; 6-9-2004 by Ord. No.
3880-04; 10-26-2004 by Ord. No. 3914-04; 12-27-2006 by Ord. No.
4064-06; 6-23-2009 by Ord. No. 4208-09; 3-28-2017 by Ord. No. 4537-17; 3-28-2017 by Ord. No. 4538-17; 8-22-2017 by Ord. No.
4554-17]
For the purpose of this chapter, the Township
of Toms River is divided into the following zoning districts:
|
R/C-3 Conservation Residential Zone
|
|
R-800 Residential Zone
|
|
Rural Residential Zone
|
|
R-400 Residential Zone
|
|
R-400C Conservation Residential Zone
|
|
R-200 Residential Zone
|
|
R-150 Residential Zone
|
|
R-120 Residential Zone
|
|
R-100 Residential Zone
|
|
R-90 Residential Zone
|
|
R-75 Residential Zone
|
|
R-50 Residential Zone
|
|
R-40A Residential Zone
|
|
R-40B Residential Zone
|
|
R-40E Residential Zone
|
|
R-40W Residential Zone
|
|
R-B-1 Barrier Island Residential Zone 1
|
|
R-B-2 Barrier Island Residential Zone 2
|
|
R-B-3 Barrier Island Residential Zone 3
|
|
R-B-4 Barrier Island Residential Zone 4
|
|
R-B-5 Barrier Island Residential Zone 5
|
|
R-B-6 Barrier Island Residential Zone 6
|
|
R-B-7 Barrier Island Residential Zone 7
|
|
SMF — Shore Multifamily
|
|
MF-6 Multifamily Zone
|
|
MF-10-AH Multifamily Affordable Housing Zone
|
|
MF-4 Multifamily Zone
|
|
MF-12-AH Multifamily Affordable Housing Zone
|
|
MF-16 Multifamily Zone
|
|
MF-8 Multifamily Zone
|
|
MF-10 Multifamily Zone
|
|
EMF-10 Existing Multifamily Zone
|
|
EMF-18 Existing Multifamily Zone
|
|
O-10C Office Zone
|
|
O-10 Office Zone
|
|
O-15 Office Zone
|
|
VO Village Office Zone
|
|
VB Village Business Zone
|
|
VOB Village Office Business Zone
|
|
VS Village Seaport Zone
|
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DS Downtown Service Zone
|
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RC Regional Commercial Zone
|
|
HB Highway Business Zone
|
|
RHB Rural Highway Business Zone
|
|
RHB-AH9 Rural Highway Business — Affordable Housing Rt.
9
|
|
RHB-AH37 Rural Highway Business — Affordable Housing Rt.
37
|
|
GB General Business Zone
|
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GB-MF General Business Multifamily Zone
|
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LI Light Industrial Zone
|
|
I Industrial Zone
|
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HMS Hospital-Medical Service Zone
|
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PRC Planned Retirement Community Zone
|
|
PRC-3 Planned Retirement Community Zone
|
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PRC-4 Planned Retirement Community Zone
|
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MHP Mobile Home Parks Zone
|
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SC-AH-1 Senior Citizen Affordable Housing - 1 Zone
|
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SC-AH-2 Senior Citizen Affordable Housing - 2 Zone
|
[Amended 12-27-2006 by Ord. No. 4064-06; 8-22-2017 by Ord. No. 4554-17; 12-26-2017 by Ord.
No. 4569-17]
The boundaries of all zoning districts set forth in this chapter
are shown on a map entitled, "Zoning Map, Township of Toms River,
Ocean County New Jersey,"[1] dated July 25, 2017, adopted by ordinance on August 22,
2017, except that Blocks 919.01, 919.02, 919.03, 919.04 and 919.04,
which are shown on the map within an unlabeled boundary line, shall
be shown as being included in the adjacent R-40A Zone.
[1]
Editor's Note: The Zoning Map and amendments thereto are on
file in the office of the Township Clerk.
[Amended 4-9-2002 by Ord. No. 3688-02;
amended 3-25-2003 by Ord. No. 3781-03]
A.
Zone boundaries are intended to follow street, lot
or property lines or other natural lines, such as the center line
of watercourses, ditches or lagoons, unless such district or zone
boundaries are fixed by dimension on the Zoning Map or by description,
and shall include contiguous riparian lands subsequently acquired
and/or filled and lands acquired by accretion or stream diversion
by natural causes.
B.
Where a zone boundary fixed by dimensions approximately
follows and is not more than 20 feet distant from a lot line, such
lot line shall be construed to be the zone boundary.
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
All farm and agriculture activities, including
nurseries and livestock and poultry raising, except the keeping or
raising of swine. Minimum lot size for agricultural uses shall be
six acres.
(4)
Public or semipublic parks or open space. Privately
owned parks or open spaces that are created under the cluster option
herein for the sole use of residents and members of a homeowners'
association shall be permitted.
(5)
Essential services.
(6)
Community residences for the developmentally
disabled and community shelters for victims of domestic violence,
community residences for persons with head injuries and community
residences for the terminally ill, per N.J.S.A. 40:55D-66.1 et seq.
C.
D.
Conditional uses subject to the provisions of Article
IX of this chapter, including:
E.
Area, yard and building requirements. No building,
structure or land shall be used or erected, altered, enlarged or maintained
except for uses set forth above unless it is in accordance with a
site plan or subdivision approved by the Planning Board. Said site
plan or subdivision shall meet the following minimum requirements:
(1)
Minimum lot area: three acres.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot frontage: 100 feet.
(4)
Minimum lot depth: 400 feet.
(6)
Maximum total impervious lot coverage, including
buildings and impervious surfaces: 10%.
(7)
Minimum rear yard and side yard setback for
private swimming pool: 15 feet.
(8)
Minimum perimeter setback for buildings containing
livestock: 100 feet.
(9)
Maximum building height: 35 feet, subject to the provisions of § 348-5.12 and as otherwise provided in § 348-9.27G. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above grade level as determined by the average grade elevation of the corners of the buildings.
F.
Cluster development option. Certain modifications
may be permitted for a major residential subdivision under this option
by the Planning Board in such cases requested by the applicant and
deemed appropriate by the Planning Board. The following conditions
shall be met by the applicant for consideration of cluster development:
(1)
Minimum tract size shall be 30 gross acres.
In determining permitted density, fully contiguous and noncontiguous
parcels shall be considered.
[Amended 12-27-2006 by Ord. No. 4064-06]
(2)
The clustered lots shall be served by public
sanitary sewer and public water.
(3)
Yield plan.
(a)
A yield plan based on the minimum zoning standards for single-family residential uses per Subsection E above shall be prepared to determine lot yield under an as-of-right scenario. The yield plan shall take all development constraints into consideration, including, but not limited to, wetlands, wetlands transition areas and floodplains, and shall be approved by the Board.
(b)
All yield plan lots shall have a reasonable
probability of being in accordance with all local, county and state
standards, including septic disposal, and accessible from a proposed
roadway system. All lots on the yield plan shall have a minimum unconstrained,
buildable area of at least 43,560 square feet.
(c)
If there is any question to the suitability
of any lot, and hence the number of lots in the cluster development,
the final number of lots will be based on an approved preliminary
plat using the standard subdivision design.
(4)
Area, yard and setback requirements. The minimum
building lot requirements for cluster development shall meet the standards
for noncluster single-family residential development of the R-150
Residential Zone.
[Added 12-27-2006 by Ord. No. 4064-06]
[1]
Editor's Note: This ordinance also redesignated former § 101-10.3, Zone boundaries, as § 101-10.2.1 (now § 348-10.2.1).
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
All farm and agriculture activities, including
nurseries; livestock and poultry raising, except the keeping or raising
of swine, unless part of a general farming operation on a property
of not less than 10 acres, and provided further that not more than
10 head shall be allowed in any case.
(5)
Essential services.
(6)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
C.
D.
Conditional uses subject to the provisions of Article
IX of this chapter.
[Amended 12-26-1978 by Ord. No. 1801; 4-11-1990 by Ord. No.
2729-90; 7-10-1991 by Ord. No. 2840-91; 10-27-1993 by Ord. No.
3009-93]
E.
Area, yard and building requirements.
(1)
Minimum lot area: 80,000 square feet.
(2)
Minimum lot width: 150 feet.
(4)
Minimum lot depth: 250 feet.
(6)
Minimum rear yard setback: 30 feet for principal
and accessory buildings, except:
(7)
Minimum side yard setback: 20 feet for principal
and accessory buildings, except:
(8)
Maximum building height: 35 feet, subject to the provisions of § 348-5.12 and as otherwise provided in § 348-9.27G. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above grade level as determined by the average grade elevation of the corners of the buildings.
[Amended 7-10-1991 by Ord. No. 2840-91]
(10)
Maximum impervious coverage: 20%.
[Added 3-25-2014 by Ord. No. 4429-14]
F.
Cluster (reduced lot size) development. In accordance
with the regulations of this section, an owner, developer or subdivider
may elect to develop lots for single-family detached dwellings in
a manner which will preserve desirable open spaces, conservation areas,
floodplains and wetlands and/or to provide areas and lands for other
public or quasi-public purposes compatible with residential uses by
permitting a reduction of lot sizes and the application of certain
other regulations hereinafter stated without increasing the number
of lots in the total areas to be developed.
(1)
Required findings by Planning Board. Prior to
granting approval of any cluster (reduced lot size) development election,
the Planning Board must find that:
(a)
The proposal will produce economy in layout
and design.
(b)
The proposal is not inconsistent with and will
not create hazards relating to traffic patterns already established
by surrounding development.
(c)
Open space to be created by the proposal must
be suitable for passive or active recreation uses and/or valuable
for the protection of the natural environment and/or necessary for
a public or quasi-public purpose.
(d)
There is reasonable assurance that the improvement
and maintenance of the open space can be secured by the methods and
arrangements proposed by the developer.
(e)
The proposal is consistent with the intent and
purposes of the Master Plan.
(2)
Minimum tract size. The minimum size of the
tract or parcel of land proposed for development under the cluster
development provisions of this chapter must be 20 contiguous acres.
(3)
Maximum density. The maximum number of residential
building lots for each cluster development shall be computed on the
basis of 0.50 lot per gross acre. 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]
(4)
Area, yard and setback requirements. The minimum
building lot requirements for cluster development shall be as follows:
(5)
Other building lot standards.
(a)
Wherever possible, building lots should front on culs-de-sac, loop streets or P-loops meeting the standards set forth in § 348-8.29.
(b)
Lots proposed within a cluster development which
will front on streets which border the tract of land proposed for
cluster development shall provide area, yard and building requirements
equal to that of adjoining zone requirements or requirements to this
section, whichever is greater. If such lots front on a minor or principal
arterial highway, such lots shall provide a minimum front setback
of 60 feet.
[Amended 7-12-1983 by Ord. No. 2182-83]
(c)
Lots proposed to abut rear or side lot lines
of the tract shall provide a minimum lot width of 150 feet, a minimum
lot depth of 200 feet and a minimum rear setback of 30 feet for principal
and accessory buildings, except that in-ground swimming pools shall
have a minimum rear setback of 15 feet. Only rear lot lines of proposed
interior building lots shall abut rear or side lot lines of the tract
of land proposed for cluster development.
(6)
Open space requirements. Reduced-lot-size (cluster) developments shall provide open space subject to the requirements and standards in § 348-8.9 of this chapter.
(7)
For the portion of the R-800 Zone consisting of approximately 50 acres known as Block 171.09, Lots 1 and 37, the cluster provisions in § 348-10.7F (R-400C) of this chapter shall apply except where amended as follows:
[Added 6-23-2020 by Ord.
No. 4672-20]
(a)
Maximum density. The maximum number of residential building
lots for each cluster development shall be computed on the basis of
1.0 lot per gross acre. If this calculation results in a remaining
fraction of a lot, the fraction shall be rounded to the nearest whole
number, but not higher than a total of 25 lots for either Lot 1 or
Lot 37 or 50 lots for both.
(b)
Area, yard and setback requirements. The minimum building lot
requirements for single-family residential cluster development shall
be as follows:
[1]
Minimum lot area: 12,000 square feet.
[3]
Minimum lot width: 90 feet.
[4]
Minimum lot depth: 135 feet.
[5]
Minimum front setback: 30 feet.
[8]
Maximum impervious coverage: 50%.
[9]
Lots bordering adjoining zones shall meet the cluster standards of Subsection F(7)(b)[1] through [8] above.
[10]
Reduced lot size (cluster) developments shall provide open space subject to the requirements and standards in § 348-8.9, except that the open space requirement shall be based on gross acreage prior to development. Land devoted to pedestrian walkways, trails, clubhouses and/or recreation amenities with their associated parking, and storm management facilities shall be included in satisfying the open space requirement of § 348-8.9. Other improvements or amenities within the required open space area may be approved by the Planning Board.
[11]
Residential developments shall be organized under
and governed by one or more homeowners' associations established and
operating pursuant to New Jersey law. Land devoted to open space,
and all amenities located therein, including, but not limited to,
pedestrian walkways, trails, clubhouses and/or recreation amenities
with their associated parking, will be perpetually owned, operated,
and maintained by these homeowners' associations. The aforementioned
amenities shall be available for all lawful uses by association members
on a nonexclusionary basis.
[12]
Pedestrian walkways between adjoining subdivisions
shall be encouraged and planned whenever reasonably feasible.
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
All farm and agriculture activities, including
nurseries; livestock and poultry raising, except the keeping or raising
of swine, unless part of a general farming operation on a property
of not less than 10 acres, and provided further that not more than
10 head shall be allowed in any case.
(5)
Essential services.
(6)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
C.
D.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 43,560 square feet.
(2)
Minimum lot width: 150 feet.
(4)
Minimum lot depth: 200 feet.
(5)
Minimum front setback for principal and accessory
buildings: 40 feet on local, local collector and minor collector streets
and 60 feet on major collector, minor or principal arterial highways,
except:
[Amended 2-22-1995 by Ord. No. 3084-95]
(a)
Building for enclosure for swine: 200 feet.
(b)
Building for the shelter of 100 or more poultry
or more than two head of livestock: 100 feet, except that, where the
front yard borders another residential zone, other than the R-800
Zone, it shall be 150 feet.
(c)
Building for the shelter of fewer than 100 poultry
or fewer than two head of livestock: 50 feet, except where on a minor
or major arterial highway, it shall be 60 feet.
(6)
Minimum rear yard setback for principal and
accessory buildings: 30 feet, except:
(a)
Building for enclosure of swine: 200 feet.
(b)
Building for the shelter of 100 or more poultry
or more than two head of livestock: 100 feet, except that, where the
rear yard abuts another residential zone, other than the R-800 Zone,
it shall be 150 feet.
(c)
Building for the shelter of fewer than 100 poultry
or fewer than two head of livestock: 50 feet.
(d)
Private swimming pool: 10 feet.
(7)
Minimum side yard setback for principal and
accessory building: 20 feet, except:
(a)
Building for enclosure of swine: 200 feet.
(b)
Building for the shelter of 100 or more poultry
or more than two head of livestock: 100 feet, except that, where the
rear yard abuts another residential zone, other than the R-800 Zone,
it shall be 150 feet.
(c)
Building for the shelter of less than 100 poultry
or less than two head of livestock: 50 feet.
(d)
Private swimming pool: 10 feet.
(8)
Maximum building height: 35 feet, subject to the provisions of § 348-5.12 and as otherwise provided in § 348-9.27G. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above grade level as determined by the average grade elevation of the corners of the buildings.
[Amended 7-10-1991 by Ord. No. 2840-91]
(10)
Maximum impervious coverage: 25%.
[Added 3-25-2014 by Ord. No. 4429-14]
F.
Cluster (reduced lot size) development. In accordance
with the regulations of this section, an owner, developer or subdivider
may elect to develop lots for single-family detached dwellings in
a manner which will preserve desirable open spaces, conservation areas,
floodplains and wetlands and/or to provide areas and lands for other
public or quasi-public purposes compatible with residential uses by
permitting a reduction of lot sizes and the application of certain
other regulations hereinafter stated without increasing the number
of lots in the total areas to be developed.
(1)
Required findings by Planning Board. Prior to
granting approval of any cluster (reduced lot size) development election,
the Planning Board must find that:
(a)
The proposal will produce economy in layout
and design.
(b)
The proposal is not inconsistent with and will
not create hazards relating to traffic patterns already established
by surrounding development.
(c)
Open space to be created by the proposal must
be suitable for passive or active recreation uses and/or valuable
for the protection of the natural environment and/or necessary for
a public or quasi-public purpose.
(d)
There is reasonable assurance that the improvement
and maintenance of the open space can be secured by the methods and
arrangements proposed by the developer.
(e)
The proposal is consistent with the intent and
purposes of the Master Plan.
(2)
Minimum tract size. The minimum size of a tract
or parcel of land proposed for development under the cluster development
provisions of this chapter must be 10 contiguous acres.
(3)
Maximum density. The maximum number of residential
building lots for each cluster development shall be computed on the
basis of 0.85 lot per gross acre. 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]
(4)
Area, yard and setback requirements. The minimum
building lot requirements for cluster development shall be as follows:
[Amended 9-28-1994 by Ord. No. 3054-94]
(a)
Minimum lot area: 20,000 square feet.
(c)
Minimum lot width: 125 feet.
(d)
Minimum lot depth: 150 feet.
(e)
Minimum front setback: 40 feet on local, local
collector and minor collector streets and 60 feet on major collector,
minor or principal arterial highways.
[Amended 2-2-1995 by Ord. No. 3084-95]
(h)
Maximum impervious coverage: 40%.
[Added 3-25-2014 by Ord. No. 4429-14]
(5)
Other building lot standards.
(a)
Wherever possible, building lots should front on culs-de-sac, loop streets or P-loops meeting the standards set forth in § 348-8.29 of this chapter.
(b)
Lots proposed within a cluster development which
will front on streets which border the tract of land proposed for
cluster development shall provide area, yard and building requirements
equal to that of adjoining zone requirements or to requirements of
this section, whichever is greater. If such lots front on a minor
or principal arterial highway, such lots shall provide a minimum front
setback of 60 feet.
[Amended 7-12-1983 by Ord. No. 2182-83]
(c)
Lots proposed to abut rear or side lot lines
of the tract shall provide a minimum lot width of 150 feet, a minimum
lot depth of 190 feet and a minimum rear setback of 30 feet for principal
and accessory buildings, except that swimming pools shall have a minimum
rear and side setback of 10 feet. Only rear lot lines of proposed
interior building lots shall abut rear or side lot lines of the tract
of land proposed for cluster development.
[Amended 9-28-1994 by Ord. No. 3054-94]
A.
Permitted uses.
(1)
Single-family dwellings.
(4)
Essential services.
(5)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
C.
Permitted accessory uses.
D.
Conditional uses subject to the provisions of Article
IX of this chapter.
[Amended 12-26-1978 by Ord. No. 1801; 11-25-1986 by Ord. No.
2452-86; 4-11-1990 by Ord. No. 2729-90; 7-10-1991 by Ord. No.
2840-91; 10-27-1993 by Ord. No. 3009-93]
E.
Area, yard and building requirements.
(1)
Minimum lot area: 43,560 square feet.
(2)
Minimum lot width: 150 feet.
(4)
Minimum lot depth: 200 feet.
(5)
Minimum front setback: 40 feet on local, local
collector and minor collector streets and 60 feet on major collector,
minor or principal arterial highways.
[Amended 2-2-1995 by Ord. No. 3084-95]
(8)
Maximum building height: 35 feet, subject to the provisions of § 348-5.12 and as otherwise provided in § 348-9.27G. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above grade level as determined by the average grade elevation of the corners of the buildings.
[Amended 7-10-1991 by Ord. No. 2840-91]
(10)
Maximum impervious coverage: 25%.
[Added 3-25-2014 by Ord. No. 4429-14]
F.
Cluster (reduced lot size) development. In accordance
with the regulations of this section, an owner, developer or subdivider
may elect to develop lots for single-family detached dwellings in
a manner which will preserve desirable open spaces, conservation areas,
floodplains and wetlands and/or to provide areas and lands for other
public or quasi-public purposes compatible with residential uses by
permitting a reduction of lot sizes and the application of certain
other regulations hereinafter stated without increasing the number
of lots in the total areas to be developed.
(1)
Required findings by Planning Board. Prior to
granting approval of any cluster (reduced lot size) development election,
the Planning Board must find that:
(a)
The proposal will produce economy in layout
and design.
(b)
The proposal is not inconsistent with and will
not create hazards relating to traffic patterns already established
by surrounding development.
(c)
Open space to be created by the proposal must
be suitable for passive or active recreation uses and/or valuable
for the protection of the natural environment and/or necessary for
a public or quasi-public purpose.
(d)
There is reasonable assurance that the improvement
and maintenance of the open space can be secured by the methods and
arrangements proposed by the developer.
(e)
The proposal is consistent with the intent and
purposes of the Master Plan.
(2)
Minimum tract size. The minimum size of a tract
or parcel of land proposed for development under the cluster development
provisions of this chapter must be 10 contiguous acres.
(3)
Maximum density. The maximum number of residential
building lots for each cluster development shall be computed on the
basis of 0.85 lot per gross acre. 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; 3-28-1990 by Ord. No.
2725-90; 11-10-1992 by Ord. No. 2943-92]
(4)
Area, yard and setback requirements. The minimum
building lot requirements for cluster development shall be as follows:
[Amended 9-28-1994 by Ord. No. 3054-94]
(a)
Minimum lot area: 20,000 square feet.
(c)
Minimum lot width: 125 feet.
(d)
Minimum lot depth: 150 feet.
(e)
Minimum front setback: 40 feet on local, local
collector and minor collector streets and 60 feet on major collector,
minor or principal arterial highways.
[Amended 2-2-1995 by Ord. No. 3084-95]
(h)
Maximum impervious coverage: 40%.
[Added 3-25-2014 by Ord. No. 4429-14]
(5)
Other building lot standards.
(a)
Wherever possible, building lots should front on culs-de-sac, loop streets or P-loops meeting the standards set forth in § 348-8.29 of this chapter.
(b)
Lots proposed within a cluster development which
will front on streets which border the tract of land proposed for
cluster development shall provide area, yard and building requirements
equal to that of adjoining zone requirements or to requirements of
this section, whichever is greater. If such lots front on a minor
or principal arterial highway, such lots shall provide a minimum front
setback of 60 feet.
[Amended 7-12-1983 by Ord. No. 2182-83]
(c)
Lots proposed to abut rear or side lot lines
of the tract shall provide a minimum lot width of 150 feet, a minimum
lot depth of 190 feet and a minimum rear setback of 30 feet for principal
and accessory buildings, except that swimming pools shall have a minimum
rear setback of 10 feet. Only rear lot lines of proposed interior
building lots shall abut rear or side lot lines of the tract of land
proposed for development.
[Amended 9-28-1994 by Ord. No. 3054-94]
A.
Permitted uses.
(1)
Single-family dwellings.
(4)
Essential services.
(5)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
C.
Permitted accessory uses.
D.
Conditional uses subject to the provisions of Article
IX of this chapter.
[Amended 12-26-1978 by Ord. No. 1801; 3-13-1979 by Ord. No.
1822; 4-11-1990 by Ord. No. 2729-90; 7-10-1991 by Ord. No.
2840-91; 10-27-1993 by Ord. No. 3009-93]
(6)
Shopping centers (§ 348-9.16), provided that:
(a)
The property has frontage on, and all access
(ingress and egress) is from, New Jersey State Highway Route 37.
(b)
In addition to the requirements of § 348-9.16, the site shall conform to the provisions of § 348-10.25B(2) and E(11).
E.
Area, yard and building requirements.
(1)
Minimum lot area: 43,560 square feet.
(2)
Minimum lot width: 150 feet.
(4)
Minimum lot depth: 200 feet.
(5)
Minimum front setback: 40 feet on local, local
collector and minor collector streets and 60 feet on major collector,
minor or principal arterial highways.
[Amended 2-2-1995 by Ord. No. 3084-95]
(8)
Maximum building height: 35 feet, subject to the provisions of § 348-5.12 and as otherwise provided in § 348-9.27G. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above grade level as determined by the average grade elevation of the corners of the buildings.
[Amended 7-10-1991 by Ord. No. 2840-91]
(10)
Maximum impervious coverage: 20%.
[Added 3-25-2014 by Ord. No. 4429-14]
F.
Cluster (reduced lot size) development. In accordance
with the regulations of this section, an owner, developer or subdivider
may elect to develop lots for single-family detached dwellings in
a manner which will preserve desirable open spaces, conservation areas,
floodplains and wetlands and/or to provide areas and lands for other
public or quasi-public purposes compatible with residential uses by
permitting a reduction of lot sizes and the application of certain
other regulations hereinafter stated without increasing the number
of lots in the total areas to be developed.
(1)
Required findings by Planning Board. Prior to
granting approval of any cluster (reduced lot size) development election,
the Planning Board must find that:
(a)
The proposal will produce economy in layout
and design.
(b)
The proposal is not inconsistent with and will
not create hazards relating to traffic patterns already established
by surrounding development.
(c)
Open space to be created by the proposal must
be suitable for passive or active recreation uses and/or valuable
for the protection of the natural environment and/or necessary for
a public or quasi-public purpose.
(d)
There is reasonable assurance that the improvement
and maintenance of the open space can be secured by the methods and
arrangements proposed by the developer.
(e)
The proposal is consistent with the intent and
purposes of the Master Plan.
(2)
Minimum tract size. The minimum size of a tract
or parcel of land proposed for development under the cluster development
provisions of this chapter must be 10 contiguous acres.
(3)
Maximum density. The maximum number of residential
building lots for each cluster development shall be computed on the
basis of 0.85 lot per gross acre, except that clustering to provide
age-restricted multifamily residential development shall be computed
on the basis of 2.0 dwelling units per gross acre. 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; 3-28-1990 by Ord. No.
2725-90; 11-10-1992 by Ord. No. 2943-92; 12-27-2006 by Ord. No.
4064-06]
(4)
Area, yard and setback requirements. The minimum
building lot requirements for single-family residential cluster development
shall be as follows:
[Amended 9-28-1994 by Ord. No. 3054-94; 12-27-2006 by Ord. No. 4064-06]
(a)
Minimum lot area: 12,000 square feet.
(c)
Minimum lot width: 90 feet.
(d)
Minimum lot depth: 135 feet.
(e)
Minimum front setback: 40 feet on local, local
collector and minor collector streets and 60 feet on major collector,
minor or principal arterial highways.
[Amended 2-2-1995 by Ord. No. 3084-95]
(h)
Maximum impervious coverage: 50%.
[Added 3-25-2014 by Ord. No. 4429-14]
(5)
Other building lot standards.
(a)
Wherever possible, building lots should front on culs-de-sac, loop streets or P-loops meeting the standards set forth in § 348-8.29 of this chapter.
(b)
Lots proposed within a cluster development which
will front on streets which border the tract of land proposed for
cluster development shall provide area, yard and building requirements
equal to that of adjoining zone requirements or requirements of this
section, whichever is greater. If such lots front on a minor or principal
arterial highway, such lots shall provide a minimum front setback
of 60 feet.
[Amended 7-12-1983 by Ord. No. 2182-83]
(c)
Lots proposed to abut rear or side lot lines
of the tract shall provide a minimum lot width of 150 feet, a minimum
lot depth of 190 feet and a minimum rear setback of 30 feet for principal
and accessory buildings, except that private swimming pools shall
have a minimum rear setback of 10 feet. Only rear lot lines of proposed
interior building lots shall abut rear or side lot lines of the tract
of land proposed for cluster development.
[Amended 9-28-1994 by Ord. No. 3054-94]
(6)
Open space requirements. Reduced lot size (cluster) developments shall provide open space subject to the requirements and standards in § 348-8.9.
(7)
Age-restricted multifamily residential development
shall be required to preserve as public open space or recreation dedicated
to the Township of Toms River at least 75% of the land lying within
the R-400C Conservation Residential Zone. Development of age-restricted
multifamily residential development may be combined with contiguous
lots of at least 15 acres that do not lie within the R-400C Zone,
provided such contiguous lots lie within a zoning district that permits
such development.
[Added 12-27-2006 by Ord. No. 4064-06]
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Federal, state, county and municipal buildings
and grounds, including schools, parks and playgrounds, but not workshops,
warehouses, garages and storage yards.
(3)
Private and parochial schools not operated for
profit.
(4)
Essential services.
(5)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
C.
Permitted accessory uses.
D.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum lot width: 125 feet.
(4)
Minimum lot depth: 150 feet.
(5)
Minimum front setback: 40 feet on local, local
collector and minor collector streets and 60 feet on major collector,
minor or principal arterial highways.
[Amended 2-2-1995 by Ord. No. 3084-95]
(8)
Maximum building height: 35 feet, subject to the provisions of § 348-5.12 and as otherwise provided in § 348-9.27G. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above grade level as determined by the average grade elevation of the corners of the buildings.
[Amended 7-10-1991 by Ord. No. 2840-91]
(10)
Maximum impervious coverage: 40%.
[Added 3-25-2014 by Ord. No. 4429-14]
F.
Cluster (reduced lot size) development. In accordance
with the regulations of this section, an owner, developer or subdivider
may elect to develop lots for single-family detached dwellings in
a manner which will preserve desirable open spaces, conservation areas,
floodplains and wetlands and/or to provide areas and lands for other
public or quasi-public purposes compatible with residential uses by
permitting a reduction of lot sizes and the application of certain
other regulations hereinafter stated without increasing the number
of lots in the total areas to be developed.
(1)
Required findings by Planning Board. Prior to
granting approval of any cluster (reduced lot size) development election,
the Planning Board must find that:
(a)
The proposal will produce economy in layout
and design.
(b)
The proposal is not inconsistent with and will
not create hazards relating to traffic patterns already established
by surrounding development.
(c)
Open space to be created by the proposal must
be suitable for passive or active recreation uses and/or valuable
for the protection of the natural environment and/or necessary for
a public or quasi-public purpose.
(d)
There is reasonable assurance that the improvement
and maintenance of the open space can be secured by the methods and
arrangements proposed by the developer.
(e)
The proposal is consistent with the intent and
purposes of the Master Plan.
(2)
Minimum tract size. The minimum size of a tract
or parcel of land proposed for development under the cluster development
provisions of this chapter must be 10 contiguous acres.
(3)
Maximum density. The maximum number of residential
building lots for each cluster development shall be computed on the
basis of 2.00 lots per gross acre. If this calculation results in
a remaining fraction of a lot, the fraction shall be rounded to the
nearest whole number.
[Amended 6-24-1986 by Ord. No. 2420-86; 8-9-1989 by Ord. No. 2670-89; 11-10-1992 by Ord. No. 2943-92]
(4)
Area, yard and setback requirements. The minimum
building lot requirements for cluster development shall be as follows:
[Amended 6-24-1986 by Ord. No. 2420-86; 9-28-1994 by Ord. No. 3054-94]
(a)
Minimum lot area: 15,000 square feet.
(c)
Minimum lot width: 100 feet.
(d)
Minimum lot depth: 140 feet.
(e)
Minimum front setback: 30 feet on local, local
collector and minor collector streets and 60 feet on major collector,
minor or principal arterial highways.
[Amended 2-22-1995 by Ord. No. 3084-95]
(h)
Maximum impervious coverage: 50%.
[Added 3-25-2014 by Ord. No. 4429-14]
(5)
Other building lot standards.
(a)
Wherever possible, building lots should front on culs-de-sac, loop streets or P-loops meeting the standards set forth in § 348-8.29 of this chapter.
(b)
Lots proposed within a cluster development which
will front on streets which border the tract of land proposed for
cluster development shall provide area, yard and building requirements
equal to that of adjoining zone requirements or requirements of this
section, whichever is greater. If such lots front on a minor or principal
arterial highway, such lots shall provide a minimum front setback
of 60 feet.
[Amended 7-12-1983 by Ord. No. 2182-83]
(c)
Lots proposed to abut rear or side lot lines
of the tract shall provide a minimum lot width of 125 feet, a minimum
lot depth of 150 feet and a minimum rear setback of 30 feet for principal
buildings and 20 feet for accessory buildings, except that private
swimming pools shall have a minimum rear and side setback of 10 feet.
Only rear lot lines of proposed interior building lots shall abut
rear or side lot lines of the tract of land proposed for cluster development.
[Amended 9-28-1994 by Ord. No. 3054-94]
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Federal, state, county and municipal buildings
and grounds, including schools, parks and playgrounds, but not workshops,
warehouses, garages and storage yards.
(3)
Private and parochial schools not operated for
profit.
(4)
Essential services.
(5)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
(6)
Age-restricted multifamily residential development at a maximum density of 8.0 units per acre and a maximum building height of 65 feet. The minimum lot size for such developments shall be 15 acres, and the site density may be increased to accommodate age-restricted housing pursuant to the provisions of § 348-10.7F(3) and (7). All affected contiguous lots shall be subject to site plan review and the identification of preserved open space resulting from such combined developments. In no event shall the total yield of such combined developments exceed 200 dwelling units, and such developments shall comply with the multifamily development standards set forth in § 348-8.18, except that buildings shall not be required to be more than 50 feet apart, building length shall not exceed 200 feet, distance between principal buildings and internal drives shall not be closer than five feet to any access drive or internal roadway, principal buildings shall not be closer than four feet to any parking area, and if a swimming pool is provided, the standard shall be four square feet per dwelling unit. A planted buffer a minimum of 20 feet in width shall be provided along all portions of the age-restricted multifamily residential development portion of the site that adjoins existing single-family dwellings. Such planted buffer shall meet the standards set forth in § 348-8.4B. Multifamily housing without an age restriction shall be permitted subject to all the standards set forth herein for age-restricted development, and subject further to a ten-percent reduction in permitted density, and subject further to an average of no more than two bedrooms per dwelling unit. Efficiency units shall be considered to contain one bedroom. The applicant shall submit detailed floor plans for each unit type proposed, and the site plan and building plan shall specify the location of each unit type within the proposed buildings. Any change in the floor plan of a dwelling unit type or the location of dwelling unit types after the approval of a site plan shall require the approval of the Planning Board prior to the issuance of a building permit. In the event such housing is developed outside of a center designated by the State Planning Commission through the plan endorsement process, the impervious coverage shall not exceed 30%.
[Added 12-27-2006 by Ord. No. 4064-06; amended 3-10-2009 by Ord. No. 4182-09]
C.
Permitted accessory uses.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 15,000 square feet.
(2)
Minimum lot width: 100 feet.
(4)
Minimum lot depth: 140 feet.
(5)
Minimum front setback: 40 feet on local, local
collector, minor collector and major collector streets and 60 feet
on minor or principal arterial highways.
(8)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
(10)
In this zone, notwithstanding limitations imposed
by other provisions of this chapter, a single-family dwelling and
customary accessory buildings may be erected on a parcel existing
at the date of adoption of this chapter, which parcel shall have a
width not less than 90 feet, a depth not less than 100 feet and an
area not less than 12,000 square feet, provided that:
(a)
Such parcel shall consist of a single lot which
is not contiguous to other lots in the same ownership; or
(b)
Such parcel shall consist of all the contiguous
lots that are in the same ownership; or
(c)
If such parcel consists of a single lot contiguous
to another lot or lots in the same ownership, the lot comprising the
parcel shall have been created by a subdivision previously granted
approved by the Toms River Township Planning Board; and
(d)
The yard dimensions and other requirements not
involving area, depth or width shall conform to the regulations for
the R-150 Residential Zone.
(11)
Maximum impervious coverage: 50%.
[Added 3-25-2014 by Ord. No. 4429-14]
F.
Cluster (reduced lot size) development. In accordance
with the regulations of this section, an owner, developer or subdivider
may elect to develop lots for single-family detached dwellings in
a manner which will preserve desirable open spaces, conservation areas,
floodplains and wetlands and/or to provide areas and lands for other
public or quasi-public purposes compatible with residential uses by
permitting a reduction of lot sizes and the application of certain
other regulations hereinafter stated without increasing the number
of lots in the total areas to be developed.
(1)
Required findings by Planning Board. Prior to
granting approval of any cluster (reduced lot size) development election
the Planning Board must find that:
(a)
The proposal will produce economy in layout
and design.
(b)
The proposal is not inconsistent with and will
not create hazards relating to traffic patterns already established
by surrounding development.
(c)
Open space to be created by the proposal must
be suitable for passive or active recreation uses and/or valuable
for the protection of the natural environment and/or necessary for
a public or quasi-public purpose.
(d)
There is reasonable assurance that the improvement
and maintenance of the open space can be secured by the methods and
arrangements proposed by the developer.
(e)
The proposal is consistent with the intent and
purposes of the Master Plan.
(2)
Minimum tract size. The minimum size of a tract
or parcel of land proposed for development under the cluster development
provisions of this chapter must be 10 contiguous acres.
(3)
Maximum density. The maximum number of residential
building lots for each cluster development shall be computed on the
basis of 2.00 lot per gross acre. 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]
(4)
Area, yard and setback requirements. The minimum
building lot requirements for cluster development shall be as follows:
(5)
Other building lot standards.
(a)
Wherever possible, building lots should front on culs-de-sac, loop streets or P-loops meeting the standards set forth in § 348-8.29 of this chapter.
(b)
Lots proposed within a cluster development which
will front on streets which border the tract of land proposed for
cluster development shall provide area, yard and building requirements
equal to that of adjoining zone requirements or requirements of this
section, whichever is greater. If such lots front on a minor or principal
arterial highway, such lots shall provide a minimum front setback
of 60 feet.
[Amended 7-12-1983 by Ord. No. 2182-83]
(c)
Lots proposed to abut rear or side lot lines
of the tract shall provide a minimum lot width of 100 feet, a minimum
lot depth of 140 feet and a minimum rear setback of 30 feet for all
principal buildings and 20 feet for accessory buildings, except that
in-ground swimming pools shall have a minimum rear setback of eight
feet. Only rear lot lines of proposed building lots shall abut rear
or side lot lines of the tract of land proposed for development.
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Federal, state, county and municipal buildings
and grounds, including schools, parks and playgrounds, but not workshops,
warehouses, garages and storage yards.
(3)
Private and parochial schools not operated for
profit.
(4)
Essential services.
(5)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
C.
Permitted accessory uses.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 12,000 square feet.
(2)
Minimum lot width: 90 feet.
(4)
Minimum lot depth: 135 feet.
(5)
Minimum front setback: 40 feet on local, local
collector, minor collector and major collector streets and 60 feet
on minor or principal arterial highways.
(8)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
(10)
In this zone, notwithstanding limitations imposed
by other provisions of this chapter, a single-family dwelling and
customary accessory buildings may be erected on a parcel existing
at the date of adoption of this chapter, which parcel shall have a
width not less than 80 feet, a depth not less than 100 feet and an
area not less than 10,000 square feet, provided that:
(a)
Such parcel shall consist of a single lot which
is not contiguous to other lots in the same ownership; or
(b)
Such parcel shall consist of all the contiguous
lots that are in the same ownership; or
(c)
If such parcel consists of a single lot contiguous
to another lot or lots in the same ownership, the lot comprising the
parcel shall have been created by a subdivision previously granted
approval by the Toms River Township Planning Board; and
(d)
The yard dimensions and other requirements not
involving area, depth or width shall conform to the regulations for
the R-120 Residential Zone, except that corner lots may have a reduced
lot frontage on one street of not less than 100 feet.
[Amended 8-22-1978 by Ord. No. 1775]
(11)
Maximum impervious coverage: 50%.
[Added 3-25-2014 by Ord. No. 4429-14]
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Federal, state, county and municipal buildings
and grounds, including schools, parks and playgrounds, but not workshops,
warehouses, garages and storage yards.
(3)
Private and parochial schools not operated for
profit.
(4)
Essential services.
(5)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
C.
Permitted accessory uses.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum lot width: 80 feet.
(4)
Minimum lot depth: 120 feet.
(5)
Minimum front setback: 40 feet on local, local
collector, minor collector and major collector streets and 60 feet
on minor or principal highways.
(7.1)
Maximum building coverage: 30%.
[Added 12-9-2003 by Ord. No. 3843-03; amended 3-25-2014 by Ord. No. 4429-14]
(8)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
(10)
In this zone, notwithstanding limitations imposed
by other provisions of this chapter, a single-family dwelling and
customary accessory buildings may be erected on a parcel existing
at the date of adoption of this chapter, which parcel shall have a
width not less than 75 feet, a depth not less than 100 feet and an
area not less than 9,000 square feet, provided that:
(a)
Such parcel shall consist of a single lot which
is not contiguous to other lots in the same ownership; or
(b)
Such parcel shall consist of all the contiguous
lots that are in the same ownership; or
(c)
If such parcel consists of a single lot contiguous
to another lot or lots in the same ownership, the lot comprising the
parcel shall have been created by a subdivision previously granted
approval by the Toms River Township Planning Board; and
(d)
The yard dimensions and other requirements not
involving area, depth or width shall conform to the regulations for
the R-100 Residential Zone, except that corner lots may have a reduced
lot frontage on one street of not less than 100 feet.
[Amended 8-22-1978 by Ord. No. 1775]
(11)
Maximum impervious coverage: 60%.
[Added 3-25-2014 by Ord. No. 4429-14]
(12)
Maximum floor area ratio: 0.6.
[Added 3-25-2014 by Ord. No. 4429-14]
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Federal, state, county and municipal buildings
and grounds, including schools, parks and playgrounds, but not workshops,
warehouses, garages and storage yards.
(3)
Private and parochial schools not operated for
profit.
(4)
Essential services.
(5)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
C.
Permitted accessory uses.
D.
Conditional uses subject to the provisions of Article
IX of this chapter.
(6)
Multifamily dwellings (§ 348-9.2) only in that portion of the R-90 Zone located south of River Terrace, west of the Toms River and east of the block limit line separating Block 533.01 from Block 538.
[Added 5-23-1978 by Ord. No. 1750; amended 9-28-2001 by Ord. No.
3632-01]
(a)
This conditional use is designated in recognition
of the unique topographical and locational features of the subject
property which makes it suitable for multifamily development but which
requires special protection of the existing residential development
and minimization of the use of the existing local roadways for access
to a multifamily development.
(b)
The following regulations shall apply in addition to and shall govern if and where in conflict with § 348-8.18 or other provisions of this section:
[1]
Maximum density: eight dwelling
units per acre.
[2]
Minimum lot area: 10 acres.
[5]
Maximum lot coverage by buildings:
15%.
[Amended 12-9-2003 by Ord. No. 3843-03]
[6]
Minimum unoccupied open space:
30%.
[7]
Any multifamily development within
this area shall be designed to minimize the use of Gem Avenue as access
to the multifamily area and shall provide direct vehicular traffic
access to the existing multifamily development located to the east
of Gem Avenue.
[8]
Not less than 10% of the lot area
of any multifamily development within this area shall be developed
for recreational use and shall be made available for the use of the
general public.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 9,000 square feet.
(2)
Minimum lot width: 75 feet.
(4)
Minimum lot depth: 120 feet.
(5)
Minimum front setback: 40 feet on local, local
collector, minor collector and major collector streets and 60 feet
on minor or principal arterial highways.
(7.1)
Maximum building coverage: 30%.
[Added 12-9-2003 by Ord. No. 3843-03; amended 3-25-2014 by Ord. No. 4429-14]
(8)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
(10)
In this zone, notwithstanding limitations imposed
by other provisions of this chapter, a single-family dwelling and
customary accessory buildings may be erected on a parcel existing
at the date of adoption of this chapter, which parcel shall have a
width not less than 75 feet, a depth not less than 100 feet and an
area not less than 7,500 square feet, provided that:
(a)
Such parcel shall consist of a single lot which
is not contiguous to other lots in the same ownership; or
(b)
Such parcel shall consist of all the contiguous
lots that are in the same ownership; or
(c)
If such parcel consists of a single lot contiguous
to another lot or lots in the same ownership, the lot comprising the
parcel shall have been created by a subdivision previously granted
approval by the Toms River Township Planning Board; and
(d)
The yard dimensions and other requirements not
involving area, depth or width shall conform to the regulations for
the R-90 Residential Zone, except that corner lots may have a reduced
lot frontage on both streets of not less than 100 feet.
[Amended 8-22-1978 by Ord. No. 1775]
(11)
Maximum impervious coverage: 60%.
[Added 3-25-2014 by Ord. No. 4429-14]
(12)
Maximum floor area ratio: 0.6.
[Added 3-25-2014 by Ord. No. 4429-14]
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Federal, state, county and municipal buildings
and grounds, including schools, parks and playgrounds, but not workshops,
warehouses, garages and storage yards.
(3)
Private and parochial schools not operated for
profit.
(4)
Essential services.
(5)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
C.
Permitted accessory uses.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 7,500 square feet.
(2)
Minimum lot width: 75 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front setback: 25 feet on local, local
collector, and major collector streets and 60 feet on minor or principal
arterial highways.
(6)
(7)
Minimum side yard setback:
(a)
Principal buildings: eight feet with two combined
side yards not less than 20 feet.
(b)
Accessory buildings: eight feet.
(c)
Private swimming pools: eight feet.
(d)
Decks: decks greater than 36 inches in height, eight feet with
two combined side yards not less than 20 feet.
[Added 5-28-2013 by Ord. No. 4403-13]
(7.1)
Maximum building coverage: 35%.
[Added 12-9-2003 by Ord. No. 3843-03; amended 3-25-2014 by Ord. No. 4429-14]
(8)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
(10)
In this zone, notwithstanding limitations imposed
by other provisions of this chapter, a single-family dwelling and
customary accessory buildings may be erected on a parcel existing
at the date of adoption of this chapter, which parcel shall have a
width not less than 50 feet, a depth not less than 90 feet and an
area not less than 5,000 square feet, provided that:
(a)
Such parcel shall consist of a single lot which
is not contiguous to other lots in the same ownership; or
(b)
Such parcel shall consist of all the contiguous
lots that are in the same ownership; or
(c)
If such parcel consists of a single lot contiguous
to another lot or lots in the same ownership, the lot comprising the
parcel shall have been created by a subdivision previously granted
approval by the Toms River Township Planning Board; and
(d)
The yard dimensions and other requirements not
involving area, depth or width shall conform to the regulations for
the R-75 Residential Zone, except that the side setback requirements
shall be reduced to eight feet minimum on each side for lots less
than 75 feet in width; and corner lots may have a reduced lot frontage
on one street of not less than 70 feet.
[Amended 8-22-1978 by Ord. No. 1775; 2-9-1982 by Ord. No.
2068]
(11)
Maximum impervious coverage: 70%.
[Added 3-25-2014 by Ord. No. 4429-14]
(12)
Maximum floor area ratio: 0.7.
[Added 3-25-2014 by Ord. No. 4429-14]
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Federal, state, county and municipal buildings
and grounds, including schools, parks and playgrounds, but not workshops,
warehouses, garages and storage yards.
(3)
Private and parochial schools not operated for
profit.
(4)
Essential services.
(5)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
C.
Permitted accessory uses.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum lot width: 50 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front setback: 25 feet on local, local
collector, minor collector and major collector streets and 60 feet
on minor or principal arterial highways.
(6)
(7)
Minimum side yard setback:
(a)
Principal buildings: five feet with two combined
side yards not less than 15 feet.
(b)
Accessory buildings: five feet.
(c)
Private swimming pools: five feet.
(d)
Decks: decks greater than 36 inches in height, five feet with
two combined side yards not less than 15 feet.
[Added 5-28-2013 by Ord. No. 4403-13]
(7.1)
Maximum building coverage: 35%.
[Added 12-9-2003 by Ord. No. 3843-03; amended 3-25-2014 by Ord. No. 4429-14]
(8)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
(10)
In this zone, notwithstanding limitations imposed
by other provisions of this chapter, a single-family dwelling and
customary accessory buildings may be erected on a parcel existing
at the date of adoption of this chapter, which parcel shall have a
width not less than 40 feet, a depth not less than 90 feet and an
area not less than 4,000 square feet, provided that:
(a)
Such parcel shall consist of a single lot which
is not contiguous to other lots in the same ownership; or
(b)
Such parcel shall consist of all the contiguous
lots that are in the same ownership; or
(c)
If such parcel consists of a single lot contiguous
to another lot or lots in the same ownership, the lot comprising the
parcel shall have been created by a subdivision previously granted
approval by the Toms River Township Planning Board; and
(d)
The yard dimensions and other requirements not
involving area, depth or width shall conform to the regulations for
the R-50 Residential Zone, except that corner lots may have a reduced
lot frontage on one street of not less than 50 feet.
[Amended 8-22-1978 by Ord. No. 1775]
(11)
Maximum impervious coverage: 70%.
[Added 3-25-2014 by Ord. No. 4429-14]
(12)
Maximum floor area ratio: 0.7.
[Added 3-25-2014 by Ord. No. 4429-14]
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Federal, state, county and municipal buildings
and grounds, including schools, parks and playgrounds, but not workshops,
warehouses, garages and storage yards.
(3)
Private and parochial schools not operated for
profit.
(4)
Essential services.
(5)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
C.
Permitted accessory uses.
D.
Conditional uses subject to the provisions of Article
IX of this chapter:
[Amended 12-26-1978 by Ord. No. 1801; 4-8-1986 by Ord. No.
2389-86]
E.
Area, yard and building requirements.
(1)
Minimum lot area: 4,000 square feet.
(2)
Minimum lot width: 40 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Front yard setbacks.
[Amended 5-13-1992 by Ord. No. 2911-92; 2-22-1995 by Ord. No. 3084-95; 9-24-1996 by Ord. No. 3196-96; 5-28-2013 by Ord. No. 4403-13]
(6)
Minimum rear yard setback:
(a)
Principal buildings: 20 feet or 20% of lot depth, whichever
is less, except that for lots having a depth of 70 feet or less, then
the minimum rear setback shall be 20 feet or 20% of lot depth or the
average rear setback of all principal buildings fronting on the same
street and within the same block, whichever is less.
[Amended 2-22-1995 by Ord. No. 3084-95; 11-9-2004 by Ord. No. 3916-04; 5-28-2013 by Ord. No. 4403-13]
(b)
Accessory buildings: eight feet.
(c)
Private swimming pools: eight feet.
(7)
Minimum side yard setback:
(a)
Principal buildings: four feet with two combined
side yards not less than 12 feet.
(b)
Accessory buildings: four feet.
(c)
Private swimming pools: four feet.
(d)
Decks: decks greater than 36 inches in height, four feet with
two combined side yards not less than 12 feet.
[Added 5-28-2013 by Ord. No. 4403-13]
(7.1)
Maximum building coverage:
[Added 12-9-2003 by Ord. No. 3843-03; amended 10-26-2004 by Ord. No. 3909-04; 12-18-2007 by Ord. No.
4123-07; 3-25-2014 by Ord. No. 4429-14]
|
Lot Area
(square feet)
|
Coverage
(percentage)
| |
|---|---|---|
|
Up to 2,000
|
47 1/2%
| |
|
Over 2,000
|
950 square feet plus 25% of the lot area over
2,000 square feet
|
(8)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
(10)
In this zone, notwithstanding limitations imposed
by other provisions of this chapter, a single-family dwelling and
customary accessory buildings may be erected on a parcel existing
at the date of adoption of this chapter, which parcel shall have a
width of not less than 40 feet, a depth not less than 70 feet and
an area not less than 4,000 square feet, provided that:
(a)
Such parcel shall consist of a single lot which
is not contiguous to other lots in the same ownership; or
(b)
Such parcel shall consist of all the contiguous
lots that are in the same ownership; or
(c)
If such parcel consists of a single lot contiguous
to another lot or lots in the same ownership, the lot comprising the
parcel shall have been created by a subdivision previously granted
approval by the Toms River Township Planning Board; and
(d)
The yard dimensions and other requirements not
involving area, depth or width shall conform to the regulations for
the R-40A Residential Zone, except that corner lots may have a reduced
lot frontage on one street of not less than 40 feet.
[Amended 8-22-1978 by Ord. No. 1775]
(11)
Maximum impervious coverage: two times permitted building coverage,
not to exceed 90%.
(12)
A minimum of two feet of pervious surface shall be provided
along the side and rear lot lines, or in other similar locations subject
to the approval of the Township Engineer. Exceptions can be made if
the applicant's professionals can prove that the stormwater runoff
will be maintained on site and handled using the best management practices
as set forth by the New Jersey Department of Environmental Protection.
[Added 8-22-2017 by Ord.
No. 4554-17; amended 11-12-2019 by Ord. No. 4649-19]
(13)
Maximum floor area ratio: two times permitted building coverage,
not to exceed 0.8.
[Added 3-25-2014 by Ord.
No. 4429-14]
[Added 8-22-2017 by Ord.
No. 4554-17]
E.
Area, yard and building requirements.
(1)
Minimum lot area: 1,500 square feet, except that oceanfront
lots shall be a minimum of 3,000 square feet.
(2)
Minimum lot width: 40 feet.
(4)
Minimum lot depth: not applicable.
(5)
Minimum front yard setback:
(a)
Two feet.
(b)
On lots fronting the east side of Sea View Road,
no portion of a building shall extend further from Sea View Road than
37 feet.
(c)
On lots fronting the west side of Sea View Road,
all buildings shall be two feet from the street, except that no portion
of a building shall extend more than 34 feet from Sea View Road.
(6)
Minimum rear yard setback:
(a)
Principal buildings minimum rear setback: 20 feet
or 20% of lot depth, or the prevailing rear setback, whichever is
less, but in any event the rear setback shall be a minimum of two
feet.
[Amended 12-26-2017 by Ord. No. 4569-17]
(b)
Accessory buildings: 10% of lot depth.
(c)
Private swimming pools: eight feet.
(7)
Minimum side yard setback:
[Amended 5-8-2018 by Ord.
No. 4584-18; 2-26-2019 by Ord. No. 4622-19]
(a)
Principal building: two feet.
(b)
Combined principal building: 22 feet, except lots with a width of less than 50 feet, which are permitted a minimum combined side yard of 12 feet (see § 348-5.6F).
(c)
Accessory buildings: two feet.
(d)
Private swimming pools: four feet from lot line;
six feet from any fence.
(9)
Maximum building height: 20 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than one usable floor level counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. Habitable attic space, roof decks with enclosed storage space and other architectural treatments above the counted usable floor(s) may be approved by the Zoning Officer, subject to prior approval by the homeowners' association.
[Amended 8-14-2018 by Ord. No. 4597-18]
(10)
Maximum impervious coverage: 90%.
(11)
A minimum of two feet of pervious surface shall be provided
along the side and rear lot lines, or in other similar locations subject
to the approval of the Township Engineer. Exceptions can be made if
the applicant's professionals can prove that the stormwater runoff
will be maintained on site and handled using the best management practices
as set forth by the New Jersey Department of Environmental Protection.
[Amended 11-12-2019 by Ord. No. 4649-19]
(12)
Maximum floor area ratio: 0.8.
F.
Other requirements.
(1)
All applications for construction permits and zoning permits
shall include proof of notice to the Ocean Beach and Bay Club for
the area known as Ocean Beach Unit III.
(2)
Applications to the Zoning Board of Adjustment and/or Planning
Board of the Township of Toms River shall include proof of notice
to the Ocean Beach and Bay Club for the area known as Ocean Beach
Unit III.
[Added 8-22-2017 by Ord.
No. 4554-17]
E.
Area, yard and building requirements.
(1)
Minimum lot area: 3,500 square feet.
(2)
Minimum lot width: 50 feet.
(4)
Minimum lot depth: 70 feet.
(6)
(7)
Minimum side yard setback:
[Amended 10-23-2018 by Ord. No. 4607-18]
(9)
Maximum building height: 20 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than one usable floor level counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. Habitable attic space, roof decks with enclosed storage space and other architectural treatments above the counted usable floor(s) may be approved by the Zoning Officer, subject to prior approval by the homeowners' association.
[Amended 8-14-2018 by Ord. No. 4597-18]
(10)
Maximum impervious coverage: 90%.
(11)
A minimum of two feet of pervious surface shall be provided
along the side and rear lot lines, or in other similar locations subject
to the approval of the Township Engineer. Exceptions can be made if
the applicant's professionals can prove that the stormwater runoff
will be maintained on site and handled using the best management practices
as set forth by the New Jersey Department of Environmental Protection.
[Amended 11-12-2019 by Ord. No. 4649-19]
(12)
Maximum floor area ratio: 0.8.
F.
Other requirements.
[Added 8-22-2017 by Ord.
No. 4554-17]
E.
Area, yard and building requirements.
(1)
Minimum lot area: 4,000 square feet.
(2)
Minimum lot width: 40 feet.
(4)
Minimum lot depth: 70 feet.
(5)
Minimum front yard setback: 20 feet. The front setback may be
less than 20 feet but it shall not be less than 15 feet, and the reduction
shall be based on the average setback of all principal buildings fronting
on the same side of the street and within 200 feet.
(6)
(9)
Maximum building height: 28 feet, except oceanfront properties shall be permitted 35 feet, subject to the provisions of § 348-5.12. In any event, the building shall not contain more than two usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. Habitable attic space, roof decks with enclosed storage space and other architectural treatments above the counted usable floor(s) may be approved by the Zoning Officer, subject to prior approval by the homeowners' association.
[Amended 8-14-2018 by Ord. No. 4597-18]
(10)
Maximum impervious coverage: 90%.
(11)
A minimum of two feet of pervious surface shall be provided
along the side and rear lot lines, or in other similar locations subject
to the approval of the Township Engineer. Exceptions can be made if
the applicant's professionals can prove that the stormwater runoff
will be maintained on site and handled using the best management practices
as set forth by the New Jersey Department of Environmental Protection.
[Amended 11-12-2019 by Ord. No. 4649-19]
(12)
Maximum floor area ratio: 0.70.
F.
Other requirements.
(1)
All applications for construction permits and zoning permits
shall include proof of notice to the Seacrest Homeowners Association.
(2)
Applications to the Zoning Board of Adjustment and/or Planning
Board of the Township of Toms River shall include proof of notice
to the Seacrest Homeowners Association.
[Added 8-22-2017 by Ord.
No. 4554-17]
C.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 1,500 square feet, except that oceanfront
lots shall be a minimum of 3,000 square feet.
(2)
Minimum lot width: 38 feet.
(4)
Minimum lot depth: not applicable.
(6)
(7)
Minimum side yard setback:
[Amended 12-26-2017 by Ord. No. 4569-17; 2-26-2019 by Ord. No. 4622-19]
(a)
Principal building: two feet.
(b)
Combined principal building: 22 feet, except lots with a width of less than 50 feet, which are permitted a minimum combined side yard of 12 feet (see § 348-5.6F).
(c)
Accessory buildings: two feet.
(d)
Private swimming pools: four feet from lot line;
six feet from any fence.
(9)
Maximum building height: 28 feet, except oceanfront properties shall be permitted 35 feet, subject to the provisions of § 348-5.12. In any event, the building shall not contain more than two usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. Habitable attic space, roof decks with enclosed storage space and other architectural treatments above the counted usable floor(s) may be approved by the Zoning Officer, subject to prior approval by the homeowners' association.
[Amended 8-14-2018 by Ord. No. 4597-18]
(10)
Maximum impervious coverage: 90%.
(11)
A minimum of two feet of pervious surface shall be provided
along the side and rear lot lines, or in other similar locations subject
to the approval of the Township Engineer. Exceptions can be made if
the applicant's professionals can prove that the stormwater runoff
will be maintained on site and handled using the best management practices
as set forth by the New Jersey Department of Environmental Protection.
[Amended 11-12-2019 by Ord. No. 4649-19]
(12)
Maximum floor area ratio: 0.8.
F.
Other requirements.
(1)
All applications for construction permits and zoning permits
shall include proof of notice to the Ocean Beach and Yacht Club for
the area known as Ocean Beach Unit II.
(2)
Applications to the Zoning Board of Adjustment and/or Planning
Board of the Township of Toms River shall include proof of notice
to the Ocean Beach and Yacht Club for the area known as Ocean Beach
Unit II.
[Added 8-22-2017 by Ord.
No. 4554-17]
E.
Area, yard and building requirements.
(1)
Minimum lot area: 3,950 square feet.
(2)
Minimum lot width: 40 feet.
(4)
Minimum lot depth: not applicable.
(5)
Minimum front yard setback: 20 feet.
(6)
(7)
Minimum side yard setback: four feet on one side and eight feet
on the other, and provide a minimum of 12 feet between buildings on
adjoining lots. Oceanfront lots shall provide a minimum side yard
setback of eight feet on both sides.
(a)
Principal building: four feet, eight feet for oceanfront
lots.
(b)
Combined principal building: 12 feet, except oceanfront
lots which are permitted a minimum of 16 feet.
(c)
Accessory buildings: four feet, eight feet for
oceanfront lots.
(d)
Private swimming pools: four feet from lot line;
six feet from any fence.
(9)
Maximum building height: 25 feet, subject to the provisions of § 348-5.12. In any event, the building shall not contain more than one usable floor level counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. Habitable attic space, roof decks with enclosed storage space and other architectural treatments above the counted usable floor(s) may be approved by the Zoning Officer, subject to prior approval by the homeowners' association.
[Amended 8-14-2018 by Ord. No. 4597-18; 10-13-2020 by Ord. No. 4680-20]
(10)
Maximum impervious coverage: 90%.
(11)
A minimum of two feet of pervious surface shall be provided
along the side and rear lot lines, or in other similar locations subject
to the approval of the Township Engineer. Exceptions can be made if
the applicant's professionals can prove that the stormwater runoff
will be maintained on site and handled using the best management practices
as set forth by the New Jersey Department of Environmental Protection.
[Amended 11-12-2019 by Ord. No. 4649-19]
(12)
Maximum floor area ratio: 0.8.
F.
Other requirements.
[Added 8-22-2017 by Ord.
No. 4554-17]
E.
Area, yard and building requirements.
(1)
Minimum lot area: 1,500 square feet.
(2)
Minimum lot width: 50 feet, except that oceanfront lots shall
be a minimum of 35 feet in width.
(4)
Minimum lot depth: 30 feet.
(5)
Minimum front yard setback:
(6)
Minimum rear yard setback:
[Amended 2-26-2019 by Ord. No. 4622-19]
(7)
(9)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than two usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. Habitable attic space, roof decks with enclosed storage space and other architectural treatments above the counted usable floor(s) may be approved by the Zoning Officer, subject to prior approval by the homeowners' association.
[Amended 8-14-2018 by Ord. No. 4597-18]
(10)
Maximum impervious coverage: 90%.
(11)
A minimum of two feet of pervious surface shall be provided
along the side and rear lot lines, or in other similar locations subject
to the approval of the Township Engineer. Exceptions can be made if
the applicant's professionals can prove that the stormwater runoff
will be maintained on site and handled using the best management practices
as set forth by the New Jersey Department of Environmental Protection.
[Amended 11-12-2019 by Ord. No. 4649-19]
(12)
Maximum floor area ratio: 0.8.
[Added 8-22-2017 by Ord.
No. 4554-17]
C.
Permitted accessory uses.
(1)
Fences subject to the provisions of § 348-8.13, subject to a fence height limit of 24 inches along the side and rear property lines. Stockade fences or other solid fences up to six feet in height are allowed on property lines that abut the communities of Lavallette, Rutherford Association and Brightwater Beach.
(3)
Other customary accessory uses and buildings which are clearly
incidental to the principal use and building.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 1,250 square feet.
(2)
Minimum lot width: 50 feet, except that oceanfront lots shall
be a minimum of 32 feet in width.
(5)
Minimum rear yard setback:
[Amended 2-26-2019 by Ord. No. 4622-19]
(6)
Minimum side yard setback:
[Amended 2-26-2019 by Ord. No. 4622-19]
(a)
Principal building: two feet, except oceanfront
lots which shall require 10 feet.
(b)
Combined principal building: 22 feet, except lots with a width of less than 50 feet which require 12 feet (see § 348-5.6F).
(c)
Accessory buildings: two feet, except oceanfront
lots, which require 10 feet.
(d)
Private swimming pools: two feet; from lot line;
six feet from any fence.
(e)
Decks: Decks greater than 36 inches in height are
subject to the same minimum and combined side yard setback requirements
as a principal building.
(8)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than two usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. Habitable attic space, roof decks with enclosed storage space and other architectural treatments above the counted usable floor(s) may be approved by the Zoning Officer, subject to prior approval by the homeowners' association.
[Amended 8-14-2018 by Ord. No. 4597-18]
(9)
Maximum impervious coverage: 90%.
(10)
A minimum of two feet of pervious surface shall be provided
along the side and rear lot lines, or in other similar locations subject
to the approval of the Township Engineer. Exceptions can be made if
the applicant's professionals can prove that the stormwater runoff
will be maintained on site and handled using the best management practices
as set forth by the New Jersey Department of Environmental Protection.
[Amended 11-12-2019 by Ord. No. 4649-19]
(11)
Maximum floor area ratio: 0.8.
F.
Other requirements.
[Added 8-22-2017 by Ord.
No. 4554-17]
C.
Permitted accessory uses.
E.
Area, yard and building requirements.
(1)
Minimum tract size: one acre.
(2)
Minimum tract setbacks: 15 feet adjacent to Route 35, two feet
on all other sides.
(3)
Maximum density: 23 dwelling units per acre.
(4)
Minimum dwelling unit setback between units: eight feet.
(5)
Minimum distance to private drive: two feet.
(6)
Maximum building height: 20 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than one usable floor level counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building. In the event that a dwelling is separated from an adjacent dwelling by at least eight feet on each side, the maximum building height may be increased to 30 feet and two usable floor levels, subject to prior approval by the applicable homeowners' association.
[Amended 9-24-2019 by Ord. No. 4646-19]
F.
Other requirements.
(1)
All applications for construction permits and zoning permits
shall include proof of notice to the West Brighton Association, Bay
Villa Condo Association, Rutherford Homeowners Association, or the
Brightwater Cottage and Trailer Association.
(2)
Applications to the Zoning Board of Adjustment and/or Planning
Board of the Township of Toms River shall include proof of notice
to the West Brighton Association, Bay Villa Condo Association, Rutherford
Homeowners Association, or the Brightwater Cottage and Trailer Association.
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Two-family dwellings.
(3)
Federal, state, county and municipal buildings
and grounds, including schools, parks and playgrounds, but not workshops,
warehouses, garages and storage yards.
(4)
Private and parochial schools not operated for
profit.
(5)
Essential services.
(6)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
C.
Permitted accessory uses.
D.
Conditional uses subject to the provisions of Article
IX of this chapter:
[Amended 12-26-1978 by Ord. No. 1801; 6-11-1985 by Ord. No.
2329-85; 4-8-1986 by Ord. No. 2389-86]
E.
Area, yard and building requirements.
(4)
Minimum lot depth: 100 feet.
(5)
Front yard setbacks.
[Amended 6-13-1978 by Ord. No. 1760; 2-22-1995 by Ord. No.
3084-95; 9-24-1996 by Ord. No. 3196-96; 5-28-2013 by Ord. No.
4403-13]
(6)
Minimum rear yard setback.
[Amended 6-13-1978 by Ord. No. 1760; 5-13-1992 by Ord. No.
2911-92]
(a)
Principal buildings: 20 feet or 20% of lot depth,
whichever is less, except that for lots having a depth of 70 feet
or less, then the minimum rear setback shall be 20 feet or 20% of
lot depth or the average rear setback of all principal buildings fronting
on the same street and within the same block, whichever is less.
[Amended 11-9-2004 by Ord. No. 3916-04; 5-28-2013 by Ord. No. 4403-13]
(b)
Accessory buildings: eight feet.
(c)
Private swimming pools: eight feet.
(7)
Minimum side yard setback:
(a)
Principal buildings: four feet with two combined
yards not less than 12 feet.
[Amended 10-26-2004 by Ord. No. 3913-04; 8-22-2017 by Ord. No. 4554-17]
(b)
Accessory buildings: four feet.
(c)
Private swimming pools: four feet, but not less than six feet from a fence per § 348-8.21I(1).
[Amended 8-22-2017 by Ord. No. 4554-17]
(d)
Decks: decks greater than 36 inches in height, four feet with
two combined side yards not less than 12 feet.
[Added 5-28-2013 by Ord. No. 4403-13; amended 8-22-2017 by Ord. No. 4554-17]
(7.1)
Maximum building coverage:
[Added 12-9-2003 by Ord. No. 3843-03; amended 10-26-2004 by Ord. No. 3910-04; 12-18-2007 by Ord. No.
4123-07; 3-25-2014 by Ord. No. 4429-14]
|
Lot Area
(square feet)
|
Coverage
(percentage)
| |
|---|---|---|
|
Up to 2,000
|
47 1/2%
| |
|
Over 2,000
|
950 square feet plus 25% of the lot area over
2,000 square feet
|
(8)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
(10)
Maximum impervious coverage: two times permitted building coverage,
not to exceed 90%.
(11)
A minimum of two feet of pervious surface shall be provided
along the side and rear lot lines, or in other similar locations subject
to the approval of the Township Engineer. Exceptions can be made if
the applicant's professionals can prove that the stormwater runoff
will be maintained on site and handled using the best management practices
as set forth by the New Jersey Department of Environmental Protection.
[Added 8-22-2017 by Ord.
No. 4554-17; amended 11-12-2019 by Ord. No. 4649-19]
(12)
Maximum floor area ratio: two times permitted building coverage,
not to exceed 0.8.
[Added 3-25-2014 by Ord.
No. 4429-14]
A.
Permitted uses.
[Amended 4-11-1990 by Ord. No. 2729-90; 12-26-1991 by Ord. No. 2881-91; 11-26-2002 by Ord. No. 3748-02; 12-27-2006 by Ord. No. 4064-06]
(1)
Multifamily dwellings subject to the provisions of § 348-8.18 and § 348-10.17F. All developments shall comply with Article XI, and 10% of the total number of units developed must be provided for low-income households, and 10% of the total number of units developed must be provided for moderate-income households.
(2)
Single-family dwellings.
(3)
Federal, state, county and municipal buildings
and grounds, including schools, parks and playgrounds, but not workshops,
warehouses, garages and storage yards.
(4)
Private and parochial schools not operated for
profit.
(5)
Essential services.
(6)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
C.
Permitted accessory uses.
E.
Area, yard and building requirements.
(2)
Minimum lot width: 100 feet.
(4)
Minimum lot depth: 140 feet.
(8)
Minimum unoccupied open space for multifamily
dwellings: 40%.
(9)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels or two usable floor levels in multifamily complexes with more than one building in the project, counted vertically, at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.[3]
[Amended 9-12-2000 by Ord. No. 3551-00]
[3]
Editor's Note: Former Subsection E(10), regarding minimum
gross habitable floor area requirements, which immediately followed
this subsection, was repealed 12-23-2019 by Ord. No. 4652-19.
F.
Multifamily densities. The number of bedrooms provided
per dwelling unit has a direct effect on the density of a residential
development in terms of the number of occupants and/or residents and
consequently the number of automobiles likely to be owned and stored
on the site. For this reason, the following densities are permitted:
[Amended 12-27-2006 by Ord. No. 4064-06]
(1)
Multifamily dwellings may be developed at a
density not to exceed six dwelling units per gross acre, provided
that the number of bedrooms, calculated in accordance with the definitions
in this chapter for efficiency, one-bedroom, two-bedroom and three-bedroom
apartment units, does not exceed nine bedrooms per gross acre. Efficiency
units shall be considered to contain one bedroom. The applicant shall
submit detailed floor plans for each unit type proposed, and the site
plan and building plan shall specify the location of each unit type
within the proposed buildings. Any change in the floor plan of a dwelling
unit type or the location of dwelling unit types after the approval
of a site plan shall require the approval of the Planning Board prior
to issuance of a building permit.
(2)
Multifamily dwellings limited to occupancy by
families or individuals with the head of the household being 55 years
of age or older may be developed at a density not to exceed eight
dwelling units per gross acre, and the number of off-street parking
spaces provided shall not be less than 1 1/2 spaces per dwelling
unit.
[Added 6-23-2009 by Ord. No. 4208-09]
C.
Permitted accessory uses.
E.
Area, yard and building requirements.
(1)
Minimum lot area: two acres.
(2)
Minimum lot width: 100 feet.
(3)
Minimum lot frontage: 100 feet.
(4)
Minimum lot depth: 150 feet.
(5)
Minimum front setback shall be no less than the existing front
setback of existing buildings located on the site.
(6)
Minimum rear setback shall be no less than the existing rear
setback of existing buildings located on the site.
(7)
Minimum side setback shall be no less than the existing side
setbacks of existing buildings located on the site.
(8)
Minimum unoccupied open space for multifamily dwellings: 25%.
(9)
Maximum building height shall not exceed the height of existing
buildings located on the site, as measured either in feet or in floor
levels above the grade level as determined by the average grade elevation
at the corners of the building, whichever is more restrictive.
[1]
Editor's Note: Former § 348-10.17.1, MF-AH Affordable
Housing Multifamily Zone, added 5-11-1994 by Ord. No. 3036-94, as
amended, was repealed 12-27-2006 by Ord. No. 4064-06.
[Added 6-23-2009 by Ord. No. 4208-09]
C.
Permitted accessory uses.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 1.5 acres.
(2)
Minimum lot width: 100 feet.
(3)
Minimum lot frontage: 100 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front setback shall be no less than the existing front
setback of existing buildings located on the site.
(6)
Minimum rear setback shall be no less than the existing rear
setback of existing buildings located on the site.
(7)
Minimum side setback shall be no less than the existing side
setbacks of existing buildings located on the site.
(8)
Minimum unoccupied open space for multifamily dwellings: 20%.
(9)
Maximum building height shall not exceed the height of existing
buildings located on the site, as measured either in feet or in floor
levels above the grade level as determined by the average grade elevation
at the corners of the building, whichever is more restrictive.
[1]
Editor's Note: MHP-ARAH Mobile Home Park Age-Restricted Affordable
Housing Zone, added 1-26-1999 by Ord. No. 3403-99, as amended, was
repealed 12-27-2006 by Ord. No. 4064-06.
[Added 10-26-2004 by Ord. No. 3914-04]
A.
Permitted uses.
(1)
Multifamily dwelling at a density not to exceed 10 units per gross acre, subject to the provisions of § 348-8.18 and the provisions herein. In the case of any conflicts, the provisions herein shall apply. If the total bedroom count of all market rate units are limited to the same or fewer bedrooms as would be generated if all units were two-bedroom non-age-restricted apartments, the total number of market rate units may be increased by an additional 10 one- and/or two-bedroom apartments. Any development must comply with Article XI, and 10% of the total number of units developed must be provided for low-income households, and 10% of the total number of units developed must be provided for moderate-income households.
[Amended 2-26-2019 by Ord. No. 4622-19]
(2)
Recreational facilities, for the sole use of
residents of the development and their guests, including but not limited
to pools, clubhouses, tennis courts, volleyball courts and bocce courts.
(3)
Essential services.
D.
(Reserved)
E.
Area, yard and building requirements. Development
shall be in accordance with § 348-8-18. In the event of
a conflict, the provisions set forth herein shall control.
(1)
Minimum lot area: six acres.
(2)
Minimum lot width: 75 feet.
(3)
Minimum lot frontage: 110 feet.
(4)
Minimum lot depth: 120 feet.
(5)
Minimum front setback: 60 feet, provided that
an average of 65 feet is achieved, and provided that no three-story
building is situated closer than 75 feet to the public street except
that the minimum front yard setback shall be 100 feet along the frontage
of a New Jersey State highway:
(6)
Minimum rear yard setback: 40 feet.
(7)
Minimum side yard setback: 40 feet.
(8)
Minimum unoccupied open space: 30%.
(9)
Maximum lot coverage: 30%.
(10)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels or two usable floor levels in multifamily complexes with more than one building in the project, counted, vertically, at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
(12)
Minimum distance from building to garage or
carport: 40 feet.
(13)
Buildings shall have no more than two units
in a line without setbacks and/or breaks in building elevation of
at least three feet.
(14)
Maximum building length: 190 feet excluding
chimneys and/or covered porches.
(17)
Parking.
(a)
Number of parking stalls. A minimum
of two parking stalls per unit shall be provided. Of this sum, not
more than 15% shall be compact stalls, and not less than 2% shall
be handicap parking spaces.
(b)
Parking stall sizes. Minimum parking
stall size shall be 8 1/2 feet by 18 feet, except as provided
below.
(20)
Refuse storage areas shall be provided at not
less than the rate of 100 square feet per 20 units and shall be located
within 300 feet of the entrance to the units to be served.
[Added 12-27-2006 by Ord. No. 4064-06]
A.
Permitted uses.
(1)
Multifamily dwellings subject to the provisions of § 348-8.18 and § 348-10.17.4F.
(2)
Townhouse dwellings subject to the provisions of § 348-8.40 and § 348-10.17.4F.
(3)
Single-family dwellings in accordance with the provisions of the R-75 Residential Zone as found at § 348-10.13E.
(4)
Federal, state, county and municipal buildings
and grounds, including schools, parks and playgrounds, but not workshops,
warehouses, garages and storage yards.
(5)
Private and parochial schools not operated for
profit.
(6)
Essential services.
(7)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
C.
Permitted accessory uses.
E.
Area, yard and building requirements for multifamily
and townhouse dwellings.
(1)
Minimum lot area: five acres.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot frontage: 200 feet.
(4)
Minimum lot depth: 150 feet.
(8)
Minimum unoccupied open space for multifamily
dwellings: 40%.
(9)
Maximum building height: 35 feet, subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels in multifamily and townhouse complexes, counted vertically, at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
[Amended 3-10-2009 by Ord. No. 4182-09]
F.
Multifamily densities. The number of bedrooms
provided per dwelling unit has a direct effect on the density of a
residential development in terms of the number of occupants and/or
residents and consequently the number of automobiles likely to be
owned and stored on the site. For this reason, the following densities
are permitted:
(1)
Multifamily and townhouse dwellings may be developed at a density
not to exceed 7.2 dwelling units per gross acre, provided that the
number of bedrooms, calculated in accordance with the definitions
in this article for efficiency, one-bedroom, two-bedroom and three-bedroom
apartment units does not exceed 14 bedrooms per gross acre. Efficiency
units shall be considered to contain one bedroom. The applicant shall
submit detailed floor plans for each unit type proposed, and the site
plan and building plan shall specify the location of each unit type
within the proposed buildings. Any change in the floor plan of a dwelling
unit type or the location of dwelling unit types after the approval
of a site plan shall require the approval of the Planning Board prior
to the issuance of a building permit.
[Amended 3-10-2009 by Ord. No. 4182-09]
(2)
Multifamily dwellings limited to occupancy by
families or individuals with the head of the household being 55 years
of age or older may be developed at a density not to exceed eight
dwelling units per gross acre, and the number of off-street parking
spaces provided shall not be less than 1 1/2 spaces per dwelling
unit.
[Added 12-27-2006 by Ord. No. 4064-06]
A.
Permitted uses.
(1)
Multifamily dwelling at a density not to exceed 12 units per gross acre, subject to the provisions of § 348-8.18 and the provisions herein. All units shall be affordable to low- and moderate-income households and must comply with Article XI. Any multifamily development that includes market-rate housing shall be developed in accordance with the provisions of § 348-10.17.4, MF-4 Multifamily Zone.
(2)
Recreational facilities, for the sole use of
residents of the development and their guests, including but not limited
to pools, clubhouses, tennis courts, volleyball courts and bocce courts.
(3)
Essential services.
D.
(Reserved)
E.
Area, yard and building requirements. Development shall be in accordance with § 348-8.18. In the event of a conflict, the provisions set forth herein shall control.
(1)
Minimum lot area: six acres.
(2)
Minimum lot width: 75 feet.
(3)
Minimum lot frontage: 110 feet.
(4)
Minimum lot depth: 120 feet.
(6)
Minimum rear yard setback: 40 feet.
(7)
Minimum side yard setback: 40 feet.
(8)
Minimum unoccupied open space: 30%.
(9)
Maximum lot coverage by buildings: 30%.
(10)
Maximum building height: 35 feet, subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels, counted vertically, at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
(12)
Minimum distance from building to garage or
carport: 40 feet.
(13)
Buildings shall have no more than two units
in a line without setbacks and/or breaks in building elevation of
at least three feet.
(14)
Maximum building length: 190 feet, excluding
chimneys and/or covered porches.
(16)
Parking.
(a)
Number of parking stalls. A minimum
of two parking stalls per unit shall be provided. Of this sum, not
more than 15% shall be compact stalls, and not less than 2% shall
be handicap parking spaces.
(b)
Parking stall sizes. Minimum parking
stall size shall be 8 1/2 feet by 18 feet, except as provided
below.
(18)
Bedroom mix shall be in accordance with COAH
regulations.
(19)
Refuse storage areas shall be provided at not
less than the rate of 100 square feet per 20 units and shall be located
within 300 feet of the entrance to the units to be served.
[Amended 12-26-1978 by Ord. No. 1801; 4-8-1986 by Ord. No.
2389-86; 4-16-1987 by Ord. No. 2481-87]
A.
Permitted uses.
(1)
Multifamily dwellings at a density not to exceed 16 units per gross acre, subject to the provisions of § 348-8.18. However, where a lot to be developed consists of not less than 10,000 square feet up to and including not more than 10,890 square feet, a total of four multifamily dwelling units may be constructed on such lot. This provision is limited solely to a lot containing not less than 10,000 square feet nor more than 10,890 square feet. Otherwise, a lot containing any other dimensions shall be controlled by a calculation based upon 16 units per gross acre. All developments shall comply with Article XI, and 10% of the total number of units developed must be provided for low-income households, and 10% of the total number of units developed must be provided for moderate-income households.
[Amended 12-26-1991 by Ord. No. 2881-91; 12-27-2006 by Ord. No. 4064-06]
(4)
Federal, state, county and municipal buildings
and grounds, including schools, parks and playgrounds, but not workshops,
warehouses. garages and storage yards.
(5)
Private and parochial schools not operated for
profit.
(6)
Essential services.
(7)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
C.
Permitted accessory uses.
E.
Area, yard and building requirements. Development shall be in accordance with § 348-8.18. In the event of conflict with the provisions of § 348-8.18, the provisions set forth here shall control.
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum lot width: 100 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front setback: 35 feet.
(6)
Minimum rear yard setback:
(a)
Principal structures: 20 feet.
(b)
Accessory buildings: 15 feet, unless greater
setback is required for buffer and screening strips.
(c)
Private swimming pools: 10 feet, unless greater
setback is required for buffer and screening strips.
(d)
Parking areas: five feet, unless greater setback
is required for buffer and screening strips.
(7)
Minimum side yard setback:
(a)
Principal structure: 20 feet.
(b)
Accessory buildings: 15 feet, unless greater
setback is required for buffer and screening strips.
(c)
Swimming pools: 10 feet, unless greater setback
is required for buffer and screening strips.
(d)
Parking areas: five feet, unless greater setback
is required for buffer and screening strips.
(8)
Minimum unoccupied open space: 15%.
(9)
Maximum building height: 35 feet, subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
F.
Courtyards. Courtyards bounded on three or more sides
by wings of the same building or by the walls of separate buildings
shall have a minimum court width of three feet for each one foot in
height of the tallest building or building wing.
G.
Variable bulk plane setback. The vertical plane of
the building at the front, rear or side setback lines shall not exceed
an inclined line of 40° from the horizontal established from the
center line of the road or from a point four feet onto adjacent property
and four feet vertical, which point is presumed to be the mid-height
of a window on an adjacent property.
H.
Garage and/or carport parking space shall not be counted
toward meeting off-street parking requirements, unless the garage
or carport space has a driveway in front of it, which is a minimum
of 20 feet in depth and which driveway is adjacent and accessible
from an access aisle or internal roadway.
I.
Refuse storage. There shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located and arranged for access and ease of collection; shall not be part of, shall not restrict or occupy any parking aisle; shall not be located further than 300 feet from the entrance to any unit which it is intended to serve; and shall be screened in accordance with the requirements of § 348-8.27.
J.
Outdoor lighting. Interior development roads, parking
areas, dwelling entranceways and pedestrian walks shall be provided
with sufficient illumination to minimize hazards to pedestrians and
motor vehicles utilizing the same, but in no case shall such lighting
be less than is required to provide a minimum lighting level of 0.5
horizontal footcandle throughout such areas from dusk to dawn. Lights
shall be shielded to avoid glare disturbing to occupants of the buildings.
Lighting shall be so arranged as to reflect away from all adjoining
properties.
K.
Recreation.
(1)
Passive recreation areas, such as pathways,
seating areas and lawns, shall be provided and suitably arranged throughout
any multifamily site.
(2)
If a swimming pool area or areas are to be installed, they shall include a pool of a size at least equivalent to 15 square feet per unit, provided that no pool less than 500 square feet shall be allowed, and no pool greater than 3,000 square feet shall be required. Suitable provisions for lavatories and storage shall be provided in conjunction with pools. Swimming pools shall be subject to the provisions of § 348-8.8.
L.
Building elevation break. Buildings shall have no
more than two dwelling units in a line without setbacks and/or breaks
in building elevation of at least five feet.
M.
Walkways. Concrete walkways, at least four feet wide
or of such other dimension and composition as may be approved by the
Planning Board, shall be provided where normal pedestrian traffic
is likely to occur.
N.
Internal roadways. Internal roadways shall be constructed
in accordance with the standards for public streets in this chapter.
O.
Bedrooms. All rooms, exclusive of living rooms, dining
rooms, kitchens and bathrooms, which contain 70 square feet or more
of floor area, shall be considered bedrooms. If a dining room is not
directly accessible from and adjacent to both the kitchen and living
room, it shall also be considered a bedroom.
P.
Parking. In addition to the requirements of § 348-8.20, two parking spaces shall be provided for the first bedroom of each unit plus an additional 1/2 parking space for each additional bedroom per unit thereafter. Computation for the satisfaction of this requirement shall be predicated on the total bedroom count for the complex rather than the individual units.
[Added 4-16-1987 by Ord. No. 2481-87]
A.
Permitted uses.
[Amended 4-11-1990 by Ord. No. 2729-90; 12-26-1991 by Ord. No. 2881-91; 12-27-2006 by Ord. No. 4064-06]
(1)
Multifamily dwellings subject to the provisions of § 348-8.18 and as otherwise provided in § 348-10.18.1F. All developments shall comply with Article XI, and 10% of the total number of units developed must be provided for low-income households, and 10% of the total number of units developed must be provided for moderate-income households.
(2)
Single-family dwellings.
(3)
Federal, state, county and municipal buildings
and grounds, including schools, parks and playgrounds, but not workshops,
warehouses, garages and storage yards.
(4)
Private and parochial schools not operated for
profit.
(5)
Essential services.
(6)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
C.
Permitted accessory uses.
E.
Area, yard and building requirements.
(2)
Minimum lot width: 75 feet.
(4)
Minimum lot depth: 120 feet.
(8)
Minimum unoccupied open space for multifamily
dwellings: 30%.
(9)
Maximum building height: 50 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels or two usable floor levels in multifamily complexes with more than one building in the project, counted vertically, at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.[3]
[Amended 9-12-2000 by Ord. No. 3551-00; 12-27-2006 by Ord. No. 4064-06]
[3]
Editor's Note: Former Subsection E(10), regarding minimum
gross habitable floor area requirements, which immediately followed
this subsection, was repealed 12-23-2019 by Ord. No. 4652-19.
F.
Multifamily densities. The number of bedrooms
provided per dwelling unit has a direct effect on the density of a
residential development in terms of the number of occupants and/or
residents and consequently the number of automobiles likely to be
owned and stored on the site. For this reason, the following densities
are permitted:
[Amended 12-27-2006 by Ord. No. 4064-06]
(1)
Multifamily dwellings may be developed at a
density not to exceed 16 bedrooms per gross acre. Efficiency units
shall be considered to contain one bedroom. The applicant shall submit
detailed floor plans for each unit type proposed, and the site plans
and building plans shall specify the location of each type within
the proposed buildings. Any change in the floor plan of a dwelling
unit type or the location of dwelling unit types after the approval
of a site plan shall require the approval of the Planning Board prior
to the issuance of a building permit. Three bedroom units provided
under the terms of Article XI for low- and moderate-income households
shall not be included in the calculation of bedroom density.
(2)
Multifamily dwellings limited to occupancy by
families or individuals with the head of the household being 55 years
of age or older may be developed at a density not to exceed 10 dwelling
units per gross acre, and the number of off-street parking spaces
provided shall not be less than 1 1/2 spaces per dwelling unit.
[Added 12-26-1991 by Ord. No. 2881-91]
A.
Permitted uses.
(1)
Multifamily dwellings at a density not to exceed 10 dwelling units per gross acre with a one-hundred-percent affordable housing set-aside, subject to the provisions of § 348-8.18, except as otherwise provided in § 348-10.18.2F and in accordance with Article XI.
(2)
Recreation, cultural and other such facilities
for the sole use of residents of the development and their guests,
including but not limited to:
(3)
Essential services.
D.
(Reserved)
E.
Area, yard and building requirements.
(1)
Minimum lot area: five acres.
(2)
Minimum lot width: 100 feet.
(4)
Minimum lot depth: 140 feet.
(5)
Minimum front setback: 75 feet.
(6)
Minimum rear yard setback: 40 feet.
(7)
Minimum side yard setback: 40 feet.
(8)
Minimum unoccupied open space: 20%.
(9)
Maximum building height: 35 feet, subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation at the corners of the building.[1]
[1]
Editor's Note: Former Subsection F, Affordable
housing agreement required, which immediately followed this subsection,
was repealed 12-27-2006 by Ord. No. 4064-06.
[Added 6-9-2004 by Ord. No. 3880-04]
A.
Permitted uses.
(1)
General, professional or medical office.
(2)
Financial institution.
(3)
Full-service restaurant that can generally be
characterized by the presence of wait staff, not including fast-food,
drive-in or drive-through establishments or those that primarily serve
food for off-premises consumption.
(4)
Indoor recreation facility.
(5)
Federal, state, county and municipal offices,
including public schools and educational offices.
(6)
Community residences for the developmentally
disabled and community shelters for victims of domestic violence,
housing not more than six persons, excluding the resident staff.
(7)
Child-care centers.
(8)
Adult-care centers.
(9)
Private and parochial schools not operated for
profit.
(10)
Schools for vocational instruction.
C.
Permitted accessory uses.
D.
Conditional uses subject to the provisions of
Article IX of this chapter.
E.
Area, yard and building requirements.
(1)
Minimum lot area: two acres.
(2)
Minimum lot width: 150 feet.
(3)
Minimum lot frontage: 150 feet.
(4)
Minimum lot depth: 200 feet.
(8)
Maximum building height: 45 feet subject to the provisions of § 348-5.12.
[Amended 2-26-2019 by Ord. No. 4622-19]
(9)
Minimum floor area: 1,500 square feet.
(10)
Maximum lot coverage by principal and accessory
buildings: 10%, except that structures having 80% or more of their
gross floor area on a single level shall be permitted a lot coverage
of 15%.
(11)
Minimum unoccupied open space: 65%.
A.
Permitted uses.
(2)
Offices for members of a recognized profession
as defined in this chapter.
(3)
Offices of a business or public utility not
involving the retail sale of goods.
(4)
An office building with 5,000 square feet or
more of gross floor area may utilize a portion of the first floor,
not to exceed 10% of the gross floor area of the office building,
for types of retail trade which are ancillary to the office use and/or
service workers during normal working hours. Such retail use must
be located on the first floor of the office building, shall not be
permitted in a separate building on the site and shall not have a
separate exterior access or outdoor identification signage. The types
of retail uses permitted include:
[Amended 4-11-1990 by Ord. No. 2729-90]
(a)
Restaurants and luncheonettes, but not including
drive-in restaurants or restaurants which depend largely on takeout
service for off-premises consumption.
(b)
(Reserved)
(c)
(Reserved)
(d)
(Reserved)
(e)
Retail uses which are normally and/or continually
utilized by offices and office workers during normal working hours
and do not primarily service the nonoffice worker and/or evening shopper.
(5)
Banks and financial institutions.
(6)
Federal, state, county and municipal offices,
including public schools and educational offices.
[Amended 2-25-1997 by Ord. No. 3230-97]
(7)
Medical and dental clinics.
(8)
Essential services.
(9)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
(10)
Child-care centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(11)
Adult-care centers.
[Added 9-24-1996 by Ord. No. 3196-96]
(12)
Private and parochial schools not operated for
profit.
[Added 2-25-1997 by Ord. No. 3230-97]
(13)
Schools for vocational instruction.
[Added 2-25-1997 by Ord. No. 3230-97]
C.
Permitted accessory uses.
D.
E.
Area, yard and building requirements.
(5)
Minimum front setback:
(a)
Minimum front setback: 40 feet on local, local
collector and minor collector streets and 60 feet on major collector,
minor or principal arterial highways.
[Amended 2-22-1995 by Ord. No. 3084-95]
(8)
Maximum building height: 45 feet subject to the provisions of § 348-5.12.
[Amended 4-25-2001 by Ord. No. 3597-01; 2-26-2019 by Ord. No. 4622-19]
(10)
Minimum floor area for office buildings: 1,500
square feet.
(11)
Maximum lot coverage by buildings: 10%, except
that structures having 80% or more of their gross floor area on a
single level shall be permitted a lot coverage of 15%.
[Amended 12-9-2003 by Ord. No. 3843-03]
(12)
Minimum unoccupied open space: 35%.
A.
Permitted uses.
(2)
Offices for members of a recognized profession
as defined in this chapter.
(3)
Offices of a business or public utility not
involving the retail sale of goods.
(4)
An office building with 5,000 square feet or
more of gross floor area may utilize a portion of the first floor,
not to exceed 10% of the gross floor area of the office building,
for types of retail trade which are ancillary to the office use and/or
service workers during normal working hours. Such retail use must
be located on the first floor of the office building, shall not be
permitted in a separate building on the site and shall not have a
separate exterior access or outdoor identification signage. The types
of retail uses permitted include:
[Amended 4-11-1990 by Ord. No. 2729-90]
(a)
Restaurants and luncheonettes, but not including
drive-in restaurants or restaurants which depend largely on takeout
service for off-premises consumption.
(b)
(Reserved)
(c)
(Reserved)
(d)
(Reserved)
(e)
Retail uses which are normally and/or continually
utilized by offices and office workers during normal working hours
and do not primarily service the non-office worker and/or evening
shopper.
(5)
Banks and financial institutions.
(6)
Federal, state, county and municipal offices,
including public schools and educational offices.
[Amended 2-25-1997 by Ord. No. 3230-97]
(7)
Medical and dental clinics.
(8)
Essential services.
(9)
Community residences for the developmentally
disabled and community shelters for victims of domestic violence,
housing not more than six persons, excluding the resident staff.
[Added 4-11-1990 by Ord. No. 2729-90]
(10)
Child-care centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(11)
Adult-care centers.
[Added 9-24-1996 by Ord. No. 3196-96]
(12)
Private and parochial schools not operated for
profit.
[Added 2-25-1997 by Ord. No. 3230-97]
(13)
Schools for vocational instruction.
[Added 2-25-1997 by Ord. No. 3230-97]
(14)
Full-service restaurants that can generally be characterized
by the presence of wait staff, not including fast-food, drive-in or
drive-through establishments or those that primarily serve food for
off-premises consumption.
[Added 3-10-2009 by Ord. No. 4183-09]
C.
Permitted accessory uses.
D.
E.
Area, yard and building requirements.
(5)
Minimum front setback:
(8)
Maximum building height:
[Amended 4-25-2001 by Ord. No. 3597-01; 8-14-2018 by Ord. No. 4597-18]
(10)
Minimum floor area for office buildings: 1,500
square feet.
(11)
Maximum lot coverage by buildings: 15%, except
that structures having 80% or more of their gross floor area on a
single level shall be permitted a lot coverage of 22.5%.
[Amended 12-9-2003 by Ord. No. 3843-03]
(12)
Minimum unoccupied open space: 20%.
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Offices for members of a recognized profession
as defined in this chapter.
(3)
Business offices or public utility in that portion
of the zone east of the Garden State Parkway only.
[Amended 6-13-1990 by Ord. No. 2748-90; 12-27-2006 by Ord. No. 4064-06]
(4)
Federal, state, county and municipal offices,
including educational offices.
[Amended 2-25-1997 by Ord. No. 3230-97]
(6)
Essential services.
(7)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
(8)
Funeral homes, including one dwelling unit,
in that portion of the zone east of the Garden State Parkway only.
[Added 4-11-1990 by Ord. No. 2729-90; amended 6-13-1990 by Ord. No. 2748-90]
(10)
Child-care centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(11)
Adult-care centers.
[Added 9-24-1996 by Ord. No. 3196-96]
(12)
Veterinary clinics or hospitals.
[Added 10-14-2014 by Ord. No. 4459-14]
C.
Permitted accessory uses.
D.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 7,500 square feet.
(2)
Minimum lot width: 75 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front setback: 35 feet.
(8)
Maximum building height: 35 feet, subject to the provisions of § 348-5.12.
[Amended 6-11-1985 by Ord. No. 2329-85; 4-25-2001 by Ord. No. 3597-01; 12-27-2006 by Ord. No. 4064-06; 2-26-2019 by Ord. No. 4622-19]
(10)
Floor area for office building: minimum 1,000
square feet; maximum 4,000 square feet above grade level.
[Amended 6-13-1990 by Ord. No. 2748-90; 12-27-2006 by Ord. No. 4064-06]
(11)
Maximum lot coverage by buildings: 25%.
[Amended 12-9-2003 by Ord. No. 3843-03]
(12)
Minimum unoccupied open space: 15%.
(13)
Maximum floor area ratio for office buildings:
0.30.
[Added 12-27-2006 by Ord. No. 4064-06]
F.
Architectural design. All building plans for the restoration
of existing buildings or new development shall conform to the architectural
guidelines prepared by the Site Plan Review Advisory Board and approved
by the Planning Board.
H.
Cross access easements. The Planning Board may require,
as a condition of site plan approval, that the owner convey vehicular
cross access easement(s) to adjacent properties located in the Village
Office Zone.
[Added 4-26-1983 by Ord. No. 2166-83]
A.
Permitted uses.
(1)
The retail sale of goods, which may include
the following:
(a)
Grocery stores.
(b)
Drugstores.
(c)
Dry goods stores.
(d)
Meat and poultry stores.
(e)
Baked goods stores.
(f)
Packaged liquor stores.
(g)
Flower shops.
(h)
Confectionary stores.
(i)
Household supplies stores.
(j)
Stationery supplies, tobacco and periodical
stores.
(k)
Haberdashery, dress goods and notions.
(l)
Hardware, plumbing supplies and electrical supplies.
(m)
Boat supplies.
(n)
Shops of artisans and craftsmen.
(o)
Furniture and appliance stores.
(p)
Gift shops.
(2)
Personal service establishments, which may include
the following but shall not include tattoo parlors and body piercing:
[Amended 12-27-2006 by Ord. No. 4064-06]
(a)
Barbershops and beauty shops.
(b)
Tailoring and dressmaking shops.
(c)
Dry-cleaning and laundry collection shops, but
not including self-service laundries.
(d)
Shoe repair shops.
(e)
Appliance repair shops.
(f)
Radio and television repair shops.
(g)
Art, music, dancing, gymnastics and other similar
instructional schools.
(3)
Business and professional offices and banks
and financial institutions.
(4)
Restaurants, lunchrooms, bars and other eating
and drinking establishments, but not including drive-in restaurants.
(5)
Publication of newspapers and periodicals.
(6)
Federal, state, county and municipal buildings
and grounds, but excluding schools.
(7)
Essential services.
(8)
Funeral homes, including one dwelling unit.
[Added 4-11-1990 by Ord. No. 2729-90]
(9)
Churches and places of worship.
[Added 8-14-1991 by Ord. No. 2848-91]
(10)
Child-care centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(11)
Theaters and related performing arts venues.
[Added 8-14-1991 by Ord.
No. 2848-91; amended 8-22-2017 by Ord. No. 4554-17]
(12)
Offices and facilities for businesses in the
communications and information industry in that portion of the zone
south of West Water Street.
[Added 9-28-1994 by Ord. No. 3055-94]
(13)
Adult-care centers.
[Added 9-24-1996 by Ord. No. 3196-96]
(14)
Schools for vocational instruction.
[Added 2-25-1997 by Ord. No. 3230-97]
(15)
Dwelling units on the second floor and higher only, subject to the provisions of § 348-8.39.
[Added 12-27-2006 by Ord. No. 4064-06]
(16)
Veterinary clinics or hospitals.
[Added 10-14-2014 by Ord. No. 4459-14]
(17)
Brewpubs: microbreweries associated with a restaurant.
[Added 8-22-2017 by Ord.
No. 4554-17]
(18)
Nano brewery.
[Added 8-22-2017 by Ord.
No. 4554-17; amended 12-26-2017 by Ord. No. 4569-17; 3-9-2021 by Ord. No. 4695-21]
(19)
Artisan distilleries.
[Added 8-22-2017 by Ord.
No. 4554-17; amended 12-26-2017 by Ord. No. 4569-17; 3-9-2021 by Ord. No. 4695-21]
(20)
Art galleries and museums.
[Added 8-22-2017 by Ord.
No. 4554-17]
(21)
Antique and curio shops.
[Added 8-22-2017 by Ord.
No. 4554-17]
B.
Required accessory uses.
[Amended 4-11-1990 by Ord. No. 2729-90; 9-24-1996 by Ord. No. 3196-96; 12-18-2007 by Ord. No. 4123-07]
(1)
Off-street parking subject to the provisions of § 348-8.20, except that parking requirements shall be modified as follows:
(a)
A new use that occupies an existing building
or portion thereof shall not be required to provide parking, provided
that the building is not being expanded to accommodate the new use,
and provided that any existing parking previously dedicated to the
building or portion thereof remains so dedicated following occupancy
by the new use.
(b)
A new use or building within 500 feet of a public
parking facility operated by the Toms River Parking Authority or its
successor agencies shall not be required to provide parking, provided
that the Authority or its successor agency certifies that sufficient
parking spaces are available within the parking facility to accommodate
the requirements for the use.
(2)
Off-street loading subject to the provisions of § 348-8.19 in that portion of the zone west of the rear line of the properties fronting on the west side of Main Street south of Irons Street and all properties north of Irons Street zoned VB Village Business, except that a new use that occupies an existing building or portion thereof shall not be required to provide off-street loading, provided that the building is not being expanded to accommodate the new use, and provided that any existing loading area previously dedicated to the building or portion thereof remains so dedicated following occupancy by the new use.
C.
Permitted accessory uses.
(3)
Other customary accessory uses and buildings
which are clearly incidental to the principal use and building.
D.
Conditional uses subject to the provisions of Article
IX of this chapter.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum lot width: 50 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Front setback:
(a)
On Courthouse Lane, Legion Court, Main Street, Hyers Street, Robbins Street and Washington Street, the required front setback shall be no greater or less than the existing prevailing front setback, plus or minus five feet. The prevailing front setback shall be established in accordance with the definition of “prevailing front setback” provided in § 348-2.3 of this chapter.
(b)
On all other streets, the minimum front setback
shall be five feet, and the maximum front setback shall be 10 feet.
(c)
On Washington Street, the area within the required front setback shall be suitably landscaped with a mixture of grass, shrubbery and flowering plants, and no more than 50% of such area shall consist of impervious surfaces. An outdoor cafe may be operated as an accessory use in such location, subject to the requirements of § 348-8.41.
(7)
Minimum side yard setback: none required.
(8)
Maximum building height: 50 feet subject to the provisions of § 348-5.12. A maximum height of 55 feet is permitted if the first floor is utilized for retail, restaurants, theaters, galleries, nanobreweries and other similar non-office uses only. Minimum required setback for five-story buildings: fourth and fifth floors shall be set back 10 feet from the edges of the maximum building footprint of the first three floors to maintain a pedestrian scale.
[Amended 8-22-2017 by Ord. No. 4554-17; 2-26-2019 by Ord. No. 4622-19]
(9)
Maximum lot coverage by buildings: 80%.
[Amended 12-9-2003 by Ord. No. 3843-03]
(10)
Minimum unoccupied open space: none required.
(11)
Off-street parking spaces: none required in
that portion of the zone east of the rear line of the properties fronting
on the west side of Main Street and south of Snyder Avenue.
[Amended 4-11-1990 by Ord. No. 2729-90]
(12)
Off-street loading spaces: none required in
that portion of the zone east of the rear line of the properties fronting
on the west side of Main Street and south of Snyder Avenue.
[Amended 4-11-1990 by Ord. No. 2729-90]
F.
Architectural design. All building plans for restoration
of existing buildings or new development shall conform to the architectural
guidelines prepared by the Site Plan Review Advisory Board and approved
by the Planning Board.[4]
[4]
Editor's Note: Former Subsection G, Alternate
regulations for restoration of existing buildings and/or new development,
which immediately followed this subsection, was repealed 12-27-2006
by Ord. No. 4064-06.
[Added 8-22-2017 by Ord.
No. 4554-17]
A.
Permitted uses.
(1)
All uses permitted in the Village Office Zone and the Village
Business Zone, as well as the following uses:
(a)
Brewpubs: microbreweries associated with a restaurant.
(b)
Nano brewery.
[Amended 12-26-2017 by Ord. No. 4569-17; 3-9-2021 by Ord. No. 4695-21]
(c)
Artisan distilleries.
[Amended 12-26-2017 by Ord. No. 4569-17; 3-9-2021 by Ord. No. 4695-21]
(d)
Art galleries and museums.
(e)
Antique and curio shops.
(f)
Bed-and-breakfast establishments subject to the
following limitations:
[1]
The maximum size of a building used to house guests
shall be 5,000 square feet.
[2]
One parking space shall be provided for each guest
room.
[3]
No more than two adults and two children may be
accommodated as guests in any single guest room.
[4]
Individual cooking facilities for guest rooms are
prohibited.
[5]
The maximum length of stay shall be 14 consecutive
nights.
B.
Required accessory uses.
(1)
Off-street parking subject to the provisions of § 348-8.20, except that parking requirements shall be modified as follows:
(a)
A new use that occupies an existing building or
portion thereof shall not be required to provide parking, provided
that the building is not being expanded to accommodate the new use,
and provided that any existing parking previously dedicated to the
building or portion thereof remains so dedicated following occupancy
by the new use.
(b)
A new use or building within 500 feet of a public
parking facility operated by the Toms River Parking Authority or its
successor agencies shall not be required to provide parking, provided
that the Authority or its successor agency certifies that sufficient
parking spaces are available within the parking facility to accommodate
the requirements for the use.
(c)
All or a portion of required parking may be satisfied
through the sharing of off-street parking on a site that is within
1,000 feet subject to a legal instrument such as a lease or easement
and provided that such parking is available during the hours of operation
of the use for which it is being provided.
[Amended 8-25-2020 by Ord. No. 4677-20]
(2)
Off-street loading subject to the provisions of § 348-8.19 in that portion of the zone west of the rear line of the properties fronting on the west side of Main Street south of Irons Street and all properties north of Irons Street zoned VB Village Business, except that a new use that occupies an existing building or portion thereof shall not be required to provide off-street loading, provided that the building is not being expanded to accommodate the new use, and provided that any existing loading area previously dedicated to the building or portion thereof remains so dedicated following occupancy by the new use.
C.
Permitted accessory uses.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum lot width: 50 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Front setback:
(a)
On Main Street, the required front setback shall be no greater or less than the existing prevailing front setback, plus or minus five feet. The prevailing front setback shall be established in accordance with the definition of "prevailing front setback" provided in § 348-2.3 of this chapter.
(b)
On all other streets, the minimum front setback
shall be five feet, and the maximum front setback shall be 10 feet.
(c)
On Main Street, the area within the required front setback shall be suitably landscaped with a mixture of grass, shrubbery and flowering plants, and no more than 50% of such area shall consist of impervious surfaces. An outdoor cafe may be operated as an accessory use, subject to the requirements of § 348-8.41.
(8)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. A maximum height of 45 feet is permitted if the first floor is utilized for retail, restaurants, theaters, galleries, nanobreweries and other similar non-office uses only.
[Amended 2-26-2019 by Ord. No. 4622-19]
(9)
Maximum building coverage: 80%.
(10)
Maximum impervious coverage: 80%.
F.
Architectural design. All building plans for restoration of
existing buildings or new development shall conform to the architectural
guidelines prepared by the Site Plan Review Advisory Board and approved
by the Planning Board.
G.
Cross access easements. The Planning Board may require, as a
condition of site plan approval, that the owner convey vehicular cross
access easement(s) to adjacent properties located in the Village Office
Business Zone.
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Office buildings for members of a recognized
profession as herein defined.
(3)
Governmental and quasi-public uses, except maintenance
garages and storage yards.
(4)
Art galleries and museums.
(5)
Antique and curio shops.
(6)
Offices of a business or public utility.
(7)
Shops of artisans or craftsmen.
(8)
The retail sale of goods, provided that the
gross floor area devoted to any individual retail use shall not exceed
5,000 square feet.
[Amended 12-27-2006 by Ord. No. 4064-06]
(9)
Personal service establishments, such as barber-tailoring
or shoe repair shops, but excluding self-service laundries, tattoo
parlors and body piercing, provided that the gross floor area devoted
to any such personal service use shall not exceed 2,000 square feet.
[Amended 12-27-2006 by Ord. No. 4064-06]
(10)
Restaurants.
[Amended 12-27-2006 by Ord. No. 4064-06]
(11)
Single- or multiple-family residences where
such are part of a development that also includes nonresidential uses
of the types otherwise permitted in the Village Seaport Zone, and
further provided that:
[Amended 12-27-2006 by Ord. No. 4064-06]
(a)
The nonresidential uses shall occupy not less
than 5,000 square feet of floor area and not less than 20% of the
total floor area within the development.
(b)
Where nonresidential uses and residences are
to occupy space in the same building, the nonresidential uses may
only be located on the ground floor level.
(c)
Buildings or portions of buildings to be utilized
for nonresidential uses shall be specifically designed for the type
of nonresidential use proposed and shall be designed in a manner that
would physically discourage conversion to residences.
(12)
Branch banks without drive-up facilities.
(13)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
(14)
Funeral homes, including one dwelling unit.
[Added 4-11-1990 by Ord. No. 2729-90]
(15)
Churches and places of worship.
[Added 8-14-1991 by Ord. No. 2848-91]
(16)
Child-care centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(17)
Hotels and motels.
[Added 8-14-1991 by Ord. No. 2848-91]
(18)
Adult-care centers.
[Added 9-24-1996 by Ord. No. 3196-96]
(19)
Art, dancing, music, gymnastics and other similar
instructional schools containing less than 2,000 square feet.
[Added 2-25-1997 by Ord. No. 3230-97]
(20)
Veterinary clinics or hospitals.
[Added 10-14-2014 by Ord. No. 4459-14]
(21)
Brewpubs: microbreweries associated with a restaurant.
[Added 8-22-2017 by Ord.
No. 4554-17]
(22)
Nano brewery.
[Added 8-22-2017 by Ord.
No. 4554-17; amended 12-26-2017 by Ord. No. 4569-17; 3-9-2021 by Ord. No. 4695-21]
(23)
Artisan distilleries.
[Added 8-22-2017 by Ord.
No. 4554-17; amended 12-26-2017 by Ord. No. 4569-17; 3-9-2021 by Ord. No. 4695-21]
C.
Permitted accessory uses.
D.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 7,500 square feet.
(2)
Minimum lot width: 75 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front setback: 35 feet.
(8)
Minimum setback from the Toms River: 50 feet.
(9)
Maximum lot coverage by buildings: 25%, excluding
private and public garages.
[Amended 12-9-2003 by Ord. No. 3843-03]
(10)
Minimum unoccupied open space: 10%.
(11)
Maximum floor area ratio: 0.75, excluding floor
areas of private and public garages.
(12)
Building height:
(a)
In the portion of this zone between Washington
Street and a line parallel with and 350 feet south of Washington Street,
no buildings shall exceed a height of 40 feet above ground level or
exceed an elevation of 65 feet above mean sea level, whichever is
greater.
[Amended 4-25-2001 by Ord. No. 3597-01]
(b)
In the portion of this zone between Water Street
and a line parallel with and 350 feet south of Washington Street,
no building shall exceed a height of 40 feet above ground level or
exceed an elevation of 45 feet above mean sea level, whichever is
greater.
[Amended 4-25-2001 by Ord. No. 3597-01]
(c)
In the portion of this zone south of Water Street, no building
shall exceed a height of 35 feet above ground level or an elevation
of 40 feet above mean sea level, whichever is greater.
[Amended 12-27-2006 by Ord. No. 4064-06; 2-26-2019 by Ord. No. 4622-19]
(13)
Minimum residential floor area:
|
Bedrooms
|
Square Feet
|
|---|---|
|
1
|
860
|
|
2
|
960
|
|
3
|
1,060
|
|
4
|
1,160
|
(14)
Relationship of structures to the Toms River:
(a)
All uses other than single-family residences
located on property abutting the Toms River shall provide, in a manner
acceptable to the Planning Board, for reasonable public access to
and along the waterfront and to adjacent properties along the waterfront.
(b)
All buildings constructed within the Downtown
Service District shall be so located and so designed so as to minimize
any obstruction to public view of the Toms River.
(c)
All building facades within the Downtown Service
District which are visible from the Toms River shall be considered
front building facades and shall be designed and constructed with
an architectural treatment at least equivalent to the building facade
facing a public street.
(d)
No buildings or structures shall extend into
the vistas described below:
[1]
Within the triangular area formed
by the three points described below, no building or structure shall
extend above a plane passing through the elevations indicated for
each of the following three points:
[a]
Point I: southeasterly corner of
Lot 35, Block 658-1, at an elevation of four feet above existing grade.
[b]
Point II: southwesterly corner
of Lot 1, Block 668, which is also the intersection of the easterly
right-of-way line of New Jersey State Highway No. 166 with the bulkhead
on the northerly bank of the north channel of the Toms River, at an
elevation of four feet above existing grade.
[c]
Point III: a point along and four
feet above the bulkhead on the northerly bank of the north channel
of the Toms River at the intersection of an extension of a line drawn
through the southeasterly corner of Lot 35, Block 658-1 (Point I above),
and the southwesterly corner of Lot 26, Block 662.
[2]
Within the triangular area formed
by the three points described below and the southerly boundary of
Toms River Township, no building or structure shall extend above a
plane passing through the elevations indicated for each of the following
three points:
[a]
Point I (the apex of the triangular
area): a point in the center line of Allen Street at the intersection
of an extension of the southerly line of Lot 13, Block 664, at an
elevation of four feet above existing grade.
[b]
Point II (a point in the easterly
leg of the triangular area): the southwesterly corner of Lot 43, Block
669, at an elevation of 20 feet above mean sea level (MSL).
[c]
Point III (a point on the westerly
leg of this triangular area): the southeasterly corner of Lot 46,
Block 669, at an elevation of 20 feet above mean sea level (MSL).
F.
Architectural design. All building plans for the restoration
of existing buildings or new development shall conform to the architectural
guidelines prepared by the Site Plan Review Advisory Board and approved
by the Planning Board.[5]
[5]
Editor's Note: Former Subsection G, Alternate
regulations for restoration of existing buildings and/or new development,
which immediate followed this subsection, was repealed 12-27-2006
by Ord. No. 4064-06.
A.
Permitted uses.
[Amended 12-26-1979 by Ord. No. 1900; 9-14-1982 by Ord. No.
2116; 11-25-1986 by Ord. No. 2453-86]
(1)
Single-family dwellings in accordance with the
provisions of the R-50 Residential Zone.
(2)
Multifamily dwellings at a density not to exceed eight dwelling units per gross acre, subject to the provisions of § 348-8.18, except as otherwise provided in § 348-10.18.1, and provided that such development has access limited to Highland Parkway and/or West Water Street.
[Amended 4-11-1990 by Ord. No. 2729-90]
(3)
All uses permitted in the Village Office Zone,
provided that, except for single-family dwellings, development has
access limited to Highland Parkway, West Water Street and/or Colfax
Street.
(4)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
E.
Area, yard and building requirements.
(1)
Minimum lot area: 7,500 square feet.
(2)
Minimum lot width: 75 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front setback: 35 feet.
(8)
Maximum building height: 45 feet subject to the provisions of § 348-5.12.
[Amended 11-25-1986 by Ord. No. 2453-86; 4-25-2001 by Ord. No. 3597-01; 2-26-2019 by Ord. No. 4622-19]
(10)
Maximum lot coverage by buildings: 25%.
[Amended 12-9-2003 by Ord. No. 3843-03]
(11)
Minimum unoccupied open space: 10%.
F.
Alternate multifamily densities. The number of bedrooms
provided per dwelling unit has a direct effect on the density of a
residential development in terms of the number of occupants and/or
residents and consequently the number of automobiles likely to be
owned and stored on the site. For this reason, the following alternate
densities are permitted:
[Amended 11-25-1986 by Ord. No. 2453-86]
(1)
Multifamily dwellings limited to occupancy by
families or individuals with the head of the household being 52 years
of age or older may be developed at a density not to exceed 11 dwelling
units per gross acre, provided that the number of bedrooms, calculated
in accordance with the definitions in this chapter for efficiency,
one-bedroom, two-bedroom and three-bedroom apartment units, does not
exceed 15 bedrooms per gross acre, and the number of off-street parking
spaces shall not be less than 1 1/2 spaces per dwelling unit. Efficiency
units shall be considered to contain one bedroom. The applicant shall
submit detailed floor plans for each unit type proposed, and the site
plan and building plans shall specify the location of each unit type
within the proposed buildings. Any change in the floor plan of a dwelling
unit type or the location of dwelling unit types after the approval
of a site plan shall require the approval of the Planning Board prior
to the issuance of a building permit.
A.
Permitted uses. It is the intent of this chapter to encourage within
this zone large-scale commercial uses of a type that will complement
the existing shopping center on the northeasterly corner of Hooper
and Bay Avenues.
[Amended 4-11-1990 by Ord. No. 2729-90; 8-14-1991 by Ord. No. 2848-91; 8-14-2018 by Ord. No. 4597-18]
(1)
The retail sale of goods which may include the
following:
(a)
Grocery stores and food markets.
(b)
Drugstores.
(c)
Dry goods stores.
(d)
Meat and poultry stores.
(e)
Baked goods stores.
(f)
Packaged liquor stores.
(g)
Flower shops.
(h)
Confectionary stores.
(i)
Household supplies stores.
(j)
Stationery supplies, tobacco and periodical
stores.
(k)
Haberdashery, dress goods and notions.
(l)
Hardware, plumbing supplies and electrical supplies.
(m)
Boat supplies.
(n)
Shops of artisans and craftsmen.
(o)
Furniture and appliance stores.
(p)
Gift shops.
(q)
Automobile sales agency, but excluding agencies
for the sale of used cars only.
(2)
Personal service establishments which may include
the following:
(3)
Business, professional, governmental and educational
offices. Office buildings containing over 5,000 square feet of gross
floor area shall be considered a single use and may contain individual
office uses with less than 5,000 square feet of gross floor area.
(4)
Banks and financial institutions.
(5)
Restaurants, bars and other eating and drinking
establishments, but not including drive-in restaurants.
(6)
Publication of newspapers and periodicals.
(7)
Federal, state, county and municipal buildings
and grounds, but excluding schools.
(8)
Essential services.
(9)
Funeral homes, including one dwelling unit.
(10)
Shopping centers.
(11)
Hotels and motels.
(12)
Child-care centers.
(13)
Adult-care centers.
[Added 9-24-1996 by Ord. No. 3196-96]
(14)
Veterinary clinics or hospitals.
[Added 10-14-2014 by Ord. No. 4459-14]
B.
Required accessory uses.
C.
Permitted accessory uses.
E.
Area, yard and building requirements.
(1)
Minimum lot area: one acre.
(2)
Minimum lot width: 150 feet.
(3)
Minimum lot frontage: 150 feet.
(4)
Minimum lot depth: 200 feet.
(5)
Minimum front setback:
(a)
Principal and accessory buildings: 100 feet.
(b)
Parking areas and vehicular circulation aisles: 35 feet. If
located within a shopping center, every store, unit or proprietorship
shall, in addition to any frontage on or access to and from any aisle
or parking area, have frontage on and access to and from a central,
landscaped pedestrian walk or passageway having a minimum width of
25 feet, either open or fully or partially enveloped.
[Amended 8-14-2018 by Ord. No. 4597-18]
(6)
Minimum rear yard setback for principal and
accessory buildings: 30 feet.
(8)
Maximum building height: 45 feet subject to the provisions of § 348-5.12.
[Amended 4-25-2001 by Ord. No. 3597-01; 2-26-2019 by Ord. No. 4622-19]
(9)
Maximum lot coverage by buildings: 15%, except
that structures having 80% or more of their gross floor area on a
single level shall be permitted a lot coverage of 20%.
[Amended 12-9-2003 by Ord. No. 3843-03]
(10)
Minimum unoccupied open space: 25%.
(11)
All sides of any structure shall be architecturally
finished with materials approved by the Planning Board. Specifically
prohibited is construction which utilizes flat roofs with parapets
or mansards on only a portion of the perimeter of the structure, unfinished
(or painted) concrete block walls or substantial architectural finish
deviations between the front, side and rear elevations.
(12)
Minimum building area: Every unit, store or proprietorship located
within the Regional Commercial Zone shall either have a minimum gross
floor area of 5,000 square feet or be located within a shopping center,
as defined by this chapter. If located within a shopping center, a
building on a pad site integrated into the parking and circulation
layout of a shopping center may be less than 5,000 square feet, whether
or not the pad site is on a separate lot from the rest of the shopping
center.
[Added 8-14-2018 by Ord.
No. 4597-18]
(13)
Drive-through windows: Except for buildings that are located
within a shopping center, including pad sites integrated into the
parking and circulation layout of a shopping center, no building used
for retail sales or restaurants in the Regional Commercial Zone shall
include a drive-through window.
[Added 8-14-2018 by Ord.
No. 4597-18]
A.
Permitted uses. Uses within the following categories shall be permitted uses within the Highway Business Zone unless otherwise specified in Subsection D as a use requiring a conditional use.
(1)
Retail and wholesale stores, shops and markets,
provided that:
(a)
All goods or products fabricated or processed
incidental to such use shall be sold on the premises or distributed
from the premises.
(b)
Such fabricating or processing that is done
on the premises shall not include a processing activity which would
involve a physical or chemical process that would change the nature
and/or character of the product and/or raw material.
(2)
Personal service establishments, such as but
not limited to barbershops, beauty shops and tailoring and dressmaking
shops.
(3)
Business and professional offices and banks
and fiduciary institutions.
(4)
Restaurants, lunchrooms, bars and other eating
and drinking establishments.
(5)
New and used automobile and mobile home sales
agencies.
[Amended 8-14-1991 by Ord. No. 2848-91]
(6)
Art, dancing, music, gymnastics and other similar
instructional schools.
(7)
Schools for vocational instruction.
(8)
Scientific or research laboratories devoted
to research, design and/or experimentation, and processing and fabricating
incidental thereto, provided that no materials or finished products
shall be manufactured, processed or fabricated on said premises for
sale, except such as are incidental to said laboratory activities
or are otherwise permitted in this zone.
(9)
Publication of newspapers and periodicals.
(10)
The offices, showrooms, warehouses and garages
of contractors in the building trade.
(12)
Federal, state, county and municipal buildings
and grounds, including educational offices, but excluding schools.
[Amended 2-25-1997 by Ord. No. 3230-97]
(13)
Essential services.
(14)
Funeral homes, including one dwelling unit.
[Added 4-11-1990 by Ord. No. 2729-90]
(15)
Shopping centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(16)
Hotels and motels.
[Added 8-14-1991 by Ord. No. 2848-91]
(17)
Motor vehicle service stations.
[Added 8-14-1991 by Ord. No. 2848-91]
(18)
Child-care centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(19)
Motor vehicle repair garages.
[Added 8-14-1991 by Ord. No. 2848-91]
(20)
Quasi-public, private club and commercial recreation
areas.
[Added 8-14-1991 by Ord. No. 2848-91]
(21)
Churches and places of worship.
[Added 8-14-1991 by Ord.
No. 2848-91; repealed 8-22-2017 by Ord. No. 4554-17; added 7-13-2021 by Ord. No. 4700-21]
(22)
Mini warehouse facilities, including one dwelling
unit.
[Added 9-24-1996 by Ord. No. 3196-96; amended 7-8-1997 by Ord. No. 3271-97]
(23)
Car washes.
[Added 12-9-2003 by Ord. No. 3843-03]
(24)
Adult-care centers.
[Added 12-9-2003 by Ord. No. 3843-03]
(25)
Veterinary clinics or hospitals.
[Added 10-14-2014 by Ord. No. 4459-14]
C.
D.
Conditional uses subject to the provisions of Article
IX of this chapter.
[Amended 2-8-1989 by Ord. No. 2633-89; 8-14-1991 by Ord. No.
2848-91]
(4)
Bulk storage of fuel, provided that the storage
area is used solely in conjunction with a retail or wholesale outlet
and the storage containers are built below the ground or in accordance
with the regulations adopted by the State of New Jersey.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 15,000 square feet.
(2)
Minimum lot width: 100 feet.
(4)
Minimum lot depth: 150 feet.
(8)
Maximum building height:
[Amended 4-25-2001 by Ord. No. 3597-01; 8-14-2018 by Ord. No. 4597-18]
(9)
Maximum lot coverage by buildings: 25%.
[Amended 12-9-2003 by Ord. No. 3843-03]
(10)
Maximum impervious coverage: 80%.
[Amended 8-22-2017 by Ord. No. 4554-17]
F.
Cross access easements. The Planning Board may require, as a condition
of site plan approval, that the owner convey vehicular cross access
easement(s) to adjacent properties located in the Highway Business
Zone.
[Added 8-22-2017 by Ord.
No. 4554-17]
A.
Permitted uses. Uses within the following categories shall be permitted uses within the Rural Highway Business Zone unless otherwise specified in Subsection D as a use requiring a conditional use.
(1)
Retail and wholesale stores, shops and markets,
provided that:
(a)
All goods or products fabricated or processed
incidental to such use shall be sold on the premises or distributed
from the premises.
(b)
Such fabricating or processing that is done
on the premises shall not include a processing activity which would
involve a physical or chemical process that would change the nature
and/or character of the product and/or raw material.
(2)
Personal service establishments, such as but
not limited to barbershops, beauty shops and tailoring and dressmaking
shops.
(3)
Business and professional offices and banks
and financial institutions.
(4)
Restaurants, lunchrooms, bars and other eating
and drinking establishments.
(5)
New and used automobile and mobile home sales
agencies.
[Amended 8-14-1991 by Ord. No. 2848-91]
(6)
Art, dancing, music, gymnastics and other similar
instructional schools.
(7)
Schools for vocational instruction.
(8)
Scientific or research laboratories devoted
to research, design and/or experimentation, and processing and fabricating
incidental thereto, provided that no materials or finished products
shall be manufactured, processed or fabricated on said premises for
sale, except such as are incidental to said laboratory activities
or are otherwise permitted in this zone.
(9)
Publication of newspapers and periodicals.
(10)
The offices, showrooms, warehouses and garages
of contractors in the building trade.
(13)
Essential services.
(14)
Funeral homes, including one dwelling unit.
[Added 4-11-1990 by Ord. No. 2729-90]
(15)
Medical service facilities, including but not
limited to health care facilities, continuing-care retirement communities
and developments and long-term residential health care facilities.
[Added 7-10-1991 by Ord. No. 2840-91]
(16)
Shopping centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(17)
Hotels and motels.
[Added 8-14-1991 by Ord. No. 2848-91]
(18)
Child-care centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(19)
Motor vehicle repair garages.
[Added 8-14-1991 by Ord. No. 2848-91]
(20)
Motor vehicle service stations.
[Added 8-14-1991 by Ord. No. 2848-91]
(21)
Churches and places of worship.
[Added 8-14-1991 by Ord.
No. 2848-91; repealed 6-24-2014 by Ord. No. 4442-14; added 7-13-2021 by Ord. No. 4700-21]
(22)
Quasi-public, private club and commercial recreation
areas.
[Added 8-14-1991 by Ord. No. 2848-91]
(23)
Mini warehouse facilities, including one dwelling
unit.
[Added 9-24-1996 by Ord. No. 3196-96; amended 7-8-1997 by Ord. No. 3271-97]
(25)
Car washes.
[Added 12-9-2003 by Ord. No. 3843-03]
(26)
Adult-care centers.
[Added 12-9-2003 by Ord. No. 3843-03]
(29)
Veterinary clinics or hospitals.
[Added 10-14-2014 by Ord. No. 4459-14]
C.
Permitted accessory uses.
(4)
Other customary accessory uses and buildings
which are clearly incidental to the principal use and building.
D.
Conditional uses subject to the provisions of Article
IX of this chapter.
[Amended 2-9-1982 by Ord. No. 2068; 11-25-1986 by Ord. No.
2452-86; 2-8-1989 by Ord. No. 2633-89; 7-10-1991 by Ord. No.
2840-91; 8-14-1991 by Ord. No. 2848-91]
(3)
Animal care facilities, other than veterinary clinics or hospitals.
[Amended 10-14-2014 by Ord. No. 4459-14]
(6)
Bulk storage of fuel, provided that the storage
area is used solely in conjunction with a retail or wholesale outlet
and that the storage containers are built below the ground or in accordance
with the regulations adopted by the State of New Jersey.
(8)
Private and parochial schools not operated for profit on sites
that are a minimum of 10 acres in size and have frontage on a street
classified in the Traffic Circulation Element of the Master Plan as
a major collector, minor arterial or major arterial roadway.
[Added 6-24-2014 by Ord. No. 4442-14]
(9)
Multifamily and townhouse dwellings in accordance with the provisions of the MF-4 Multifamily Zone established by § 348-10.17.4, except that such uses shall only be permitted under the planned unit development standards established by § 348-9.24 and shall only be permitted on sites listed within the Housing Element and Fair Share Plan, adopted by the Planning Board on February 15, 2017, as follows:
[Added 8-22-2017 by Ord.
No. 4554-17; amended 5-8-2018 by Ord. No. 4584-18]
E.
Area, yard and building requirements.
(1)
Minimum lot area: one acre.
(2)
Minimum lot width: 150 feet.
(3)
Minimum lot frontage: 150 feet.
(4)
Minimum lot depth: 200 feet.
(6)
Minimum rear yard setback for principal and
accessory buildings: 30 feet.
(8)
The maximum building height shall be determined as follows:
[Amended 11-25-1986 by Ord. No. 2452-86; 7-10-1991 by Ord. No. 2840-91; 4-25-2001 by Ord. No. 3597-01; 2-26-2019 by Ord. No. 4622-19; 10-13-2020 by Ord.
No. 4680-20]
(a)
Maximum building height for scientific or research laboratories or medical service facilities on tracts of five acres or greater: 45 feet plus an additional foot of height for every 10 feet of additional front setback from any street over the 100-foot minimum front yard setback to a maximum of 70 feet in height, subject to the provisions of § 348-5.12.
(9)
Maximum lot coverage by buildings: 20%.
[Amended 11-25-1986 by Ord. No. 2452-86; 12-9-2003 by Ord. No. 3843-03]
(10)
Maximum impervious coverage: 80%.
[Amended 12-26-2017 by Ord. No. 4569-17]
F.
Planned
unit development. In accordance with the regulations of this section,
multifamily, townhouse and single-family residential uses may be developed
only in combination with related commercial uses under the provisions
set forth below. It is a requirement of this section that such residential
uses are only permitted if developed as part of a planned unit development.
[Added 4-27-2010 by Ord. No. 4255-10; amended 9-28-2010 by Ord. No.
4297-10]
(1)
Planned unit developments shall only be permitted on parcels
having a minimum area of 20 acres. The nonresidential component of
a planned unit development shall occupy a minimum of 50% of the total
area of the site and shall consist of a minimum of 150 square feet
of gross floor area for each dwelling unit in the planned unit development.
(2)
All nonresidential uses permitted in the RHB Rural Highway Business Zone are permitted in a planned unit development. Buffering, screening and landscaping shall be incorporated into the design as a means of either separating or integrating the uses into a cohesive design, in accordance with the standards set forth in § 348-8.4.
(3)
Conditional uses listed in this district shall not be permitted
in a planned unit development.
(4)
The residential component of the planned unit development shall
not exceed 50% of the total site area, and the number of dwelling
units in the entire development shall not exceed the product of the
land area of the residential component multiplied by the maximum density
of the residential component of 7.2 units per acre. Wetland transition
areas may be included in the calculation of allowable residential
units, but wetland areas as regulated and defined by the New Jersey
Department of Environmental Protection shall not be included in the
calculation of allowable residential units.
(5)
Within a planned unit development, residential uses may be integrated into the nonresidential portion of the site, provided that the overall number of dwelling units in the entire development does not exceed the calculation set forth in Subsection F(4) above. In addition, the bedroom count shall average no more than 2.0 bedrooms per unit for the entire development, except that single-family dwellings shall not be included in the overall calculation of average bedroom density.
(6)
At least 20% of the residential units shall be affordable to low- and moderate-income households, as set forth in § 348-11.2. If the low- and moderate-income units are rentals, the overall residential yield may be increased by 15% as an incentive to develop such rental affordable housing.
(7)
In designing a planned unit development, residential uses shall be placed in locations that can serve as transitional areas to nearby residential zoning districts and shall meet the fifty-foot buffer requirement as set forth in § 348-8.4A. Similarly, nonresidential uses may be functionally integrated into the overall development so they will be convenient to the nearby residents and accessible from the existing arterial highway system. Construction permits shall not be issued for more than 80% of the total dwelling units in the planned unit development unless construction permits have been issued for at least 80% of the required nonresidential component of the development, as set forth in Subsection F(1) above.
(8)
Open space, pedestrian, vehicular and bicycle networks shall
be coordinated with the circulation and open space objectives of the
Township, with particular attention given to areas that may lie in
centers as may be designated by the State Planning Commission through
the plan endorsement process.
(9)
Building height may be increased to three stories, provided
the density, impervious surface, floor area ratio and building coverage
limitations established in this zoning district are not exceeded.
(10)
A minimum of 15% of the residential component of the plan shall
be set aside for open space. Open space to be created within the planned
unit development shall be suitable for passive or active recreation
uses and may include wetlands and forested areas that are valuable
for the protection of the natural environment. Such required open
space shall be located entirely within the residential component of
the plan.
(11)
Any development approval of a planned unit development by the
approving authority shall contain a condition mandating a deed restriction
to enforce the requirements set forth in this section.
G.
Cross access easements. The Planning Board may require, as a condition
of site plan approval, that the owner convey vehicular cross access
easement(s) to adjacent properties located in the Rural Highway Business
Zone.
[Added 8-22-2017 by Ord.
No. 4554-17]
[Added 3-28-2017 by Ord.
No. 4538-17]
A.
Purpose. This zoning district was created in compliance with
a settlement agreement arising from the Petition for Declaratory Judgement
filed by the Township of Toms River with the Ocean County Vicinage
of the Superior Court and approved by order of the court. It provides
for modifications to the Rural Highway Business Zone (RHB) to enable
an inclusionary affordable housing development at Route 9 opposite
Clayton Road (Block 410, Lot 25) to advance, which otherwise would
have required relief from one or more provisions of the general RHB
regulations. This section is specifically recommended in the amended
Housing Element and Fair Share Plan of the Township of Toms River,
as adopted by the Toms River Planning Board on February 15, 2017.
B.
Permitted uses. Uses within the following categories shall be permitted uses within the Rural Highway Business Affordable Housing Route 9 Zone unless otherwise specified in Subsection E as a use requiring a conditional use.
(1)
Retail and wholesale stores, shops and markets, provided that:
(a)
All goods or products fabricated or processed incidental
to such use shall be sold on the premises or distributed from the
premises.
(b)
Such fabricating or processing that is done on
the premises shall not include a processing activity which would involve
a physical or chemical process that would change the nature and/or
character of the product and/or raw material.
(2)
Personal service establishments, such as but not limited to
barbershops, beauty shops and tailoring and dressmaking shops.
(3)
Business and professional offices and banks and financial institutions.
(4)
Restaurants, lunchrooms, bars and other eating and drinking
establishments.
(5)
New and used automobile and mobile home sales agencies.
(6)
Art, dancing, music, gymnastics and other similar instructional
schools.
(7)
Schools for vocational instruction.
(8)
Scientific or research laboratories devoted to research, design
and/or experimentation, and processing and fabricating incidental
thereto, provided that no materials or finished products shall be
manufactured, processed or fabricated on said premises for sale, except
such as are incidental to said laboratory activities or are otherwise
permitted in this zone.
(9)
Publication of newspapers and periodicals.
(10)
The offices, showrooms, warehouses and garages of contractors
in the building trade.
(11)
Essential services.
(12)
Funeral homes, including one dwelling unit.
(13)
Medical service facilities, including but not limited to health
care facilities, continuing-care retirement communities and developments
and long-term residential health care facilities.
(14)
Shopping centers.
(15)
Hotels and motels.
(16)
Child-care centers.
(17)
Motor vehicle repair garages.
(18)
Motor vehicle service stations.
(19)
Quasi-public, private club and commercial recreation areas.
(20)
Mini warehouse facilities, including one dwelling unit.
(21)
Car washes.
(22)
Adult-care centers.
(23)
Multifamily and townhouse dwellings in accordance with the provisions of the MF-4 Multifamily Zone established by § 348-10.17.4, except that such uses shall only be permitted under the planned unit development standards established by § 348-10.27.1G.
(24)
Single-family dwellings in accordance with the provisions of the R-100 Residential Zone, except that such uses shall only be permitted under the planned unit development standards established by § 348-10.27.1G.
(25)
Veterinary clinics or hospitals.
(26)
Churches and places of worship.
[Added 7-13-2021 by Ord.
No. 4700-21]
D.
Permitted accessory uses:
(4)
Other customary accessory uses and buildings which are clearly
incidental to the principal use and building.
(7)
Bulk storage of fuel, provided that the storage area is used
solely in conjunction with a retail or wholesale outlet and that the
storage containers are built below the ground or in accordance with
the regulations adopted by the State of New Jersey.
(8)
The temporary outdoor bulk storage of retail goods, which are
available for sale may be permitted in front of a grocer or other
retail store without the need to provide screening or a fencing blocking
the goods from view. Such temporary storage areas shall be shown on
an approved site plan and the size and location of such areas are
subject to site plan approval.
E.
Conditional uses subject to the provisions of Article IX of
this chapter:
(3)
Animal care facilities, other than veterinary clinics or hospitals.
(7)
Private and parochial schools not operated for profit on sites
that are a minimum of 10 acres in size and have frontage on a street
classified in the Traffic Circulation Element of the Master Plan as
a major collector, minor arterial or major arterial roadway.
F.
Area, yard and building requirements.
(1)
Minimum lot area: one acre.
(2)
Minimum lot width: 150 feet for commercial uses and 50 feet
for residential uses, when done in connection with a PUD.
(3)
Minimum lot frontage: 150 feet for commercial uses and 50 feet
for residential uses, when done in connection with a PUD.
(4)
Minimum lot depth: 200 feet.
(6)
Minimum rear yard setback for principal and accessory buildings:
30 feet.
(8)
Maximum building height: 40 feet, subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
(9)
Maximum lot coverage by buildings: 20%.
(10)
Minimum unoccupied open space: 20%.
(11)
Maximum impervious surface coverage: 75%.
G.
Planned unit development. In accordance with the regulations
of this section, multifamily, townhouse and single-family residential
uses may be developed only in combination with related commercial
uses under the provisions set forth below. It is a requirement of
this section that such residential uses are only permitted if developed
as part of a planned unit development.
(1)
Planned unit developments shall only be permitted on parcels
having a minimum area of 20 acres. The nonresidential component of
a planned unit development shall occupy a minimum of 15% of the total
area of the site.
(2)
All nonresidential and accessory uses permitted in the RHB Rural Highway Business Zone are permitted in a planned unit development. Buffering, screening and landscaping shall be incorporated into the design as a means of either separating or integrating the uses into a cohesive design, in accordance with the standards set forth in § 348-8.4. Buffers can be provided on either the residential side or the commercial side of the internal proposed uses of the PUD.
(3)
Conditional uses listed in this district shall not be permitted
in a planned unit development.
(4)
The residential component of the planned unit development shall
not exceed 85% of the total site area. The number of dwelling units
in the entire development shall not exceed the product of the land
area of the residential component multiplied by the maximum density
of the residential component of 7.2 units per acre, plus any applicable
permitted rental bonus, but in no case shall it be less than 150 units.
The applicant shall submit detailed floor plans for each unit type
proposed, and the site plan and building plan shall specify the location
of each unit type within the proposed buildings. Any change in the
floor plan of a dwelling unit type or the location of dwelling unit
types after the approval of a site plan shall require the administrative
approval of the Planning Board prior to the issuance of a building
permit. Wetland transition areas may be included in the calculation
of allowable residential units, but wetland areas as regulated and
defined by the New Jersey Department of Environmental Protection shall
not be included in the calculation of allowable residential units.
(5)
Within a planned unit development, residential uses may be integrated into the nonresidential portion of the site, provided that the overall number of dwelling units in the entire development does not exceed the calculation set forth in Subsection G(4) above. In addition, the bedroom count shall average no more than 2.0 bedrooms per unit for the entire development, except that single-family dwellings shall not be included in the overall calculation of average bedroom density.
(6)
At least 20% of the residential units shall be affordable to low- and moderate-income households, as set forth in § 348-11.2. If the low- and moderate-income units are rentals, the overall residential yield may be increased by 15% as an incentive to develop such rental affordable housing.
(7)
In designing a planned unit development, residential uses shall be placed in locations that can serve as transitional areas to nearby residential zoning districts and shall meet the fifty-foot buffer requirement as set forth in § 348-8.4A. Similarly, nonresidential uses may be functionally integrated into the overall development so they will be convenient to the nearby residents and accessible from the existing arterial highway system. The phasing of the construction of the residential and nonresidential sections of the PUD will be set forth in a developer's agreement executed between the developer and the Township, but shall not be linked to the issuance of residential certificates of occupancy.
(8)
Open space, pedestrian, vehicular and bicycle networks shall
be coordinated with the circulation and open space objectives of the
Township, with particular attention given to areas that may lie in
centers as may be designated by the State Planning Commission through
the plan endorsement process.
(9)
Building height may be increased to three stories, provided
the density, impervious surface, floor area ratio and building coverage
limitations established in this zoning district are not exceeded.
Building length may be a maximum of 200 feet in length.
(10)
The 20% minimum open space requirement shall be applied to the
overall PUD. Sections that have less than 20% unoccupied open space
shall be compensated by other sections with greater than 20% unoccupied
open space. Open space shall be created within the planned unit development
suitable for passive or active recreation uses and may include wetlands
bioretention basins, rain gardens and forested areas that are valuable
for the protection of the natural environment. Stormwater management
basins that are fenced or otherwise have no access for open space
use and/or are not designed for water quality and planted with mixed
vegetation to provide wildlife habitat or other environmental value
are excluded from the usable open space calculation.
(11)
Any development approval of a planned unit development by the
approving authority shall contain a condition mandating a deed restriction
to enforce the requirements set forth in this section.
(12)
For a proposed multifamily site, at least one outdoor refuse
storage area of at least 100 square feet for each 20 dwelling units,
or an equivalent alternative utilizing a single trash compactor shall
be required.
(13)
Recreation. Passive recreation areas, such as pathways, natural woods and fields, seating areas and lawns, shall be provided, and suitably arranged, throughout any multifamily site. In addition, an active recreation area or areas shall be provided at the rate of at least 30 square feet per dwelling unit. Active recreation areas, which may include clubhouses, shall be installed of a sufficient size and nature to service the occupants of the project. If a swimming pool area or areas are to be installed, they are to include a pool of a size at least 500 square feet. An auxiliary building or buildings providing for lavatories and storage, which may be located in the clubhouse, shall also be erected in conjunction with pools. Swimming pools shall be subject to the provisions of § 348-8.8 of this chapter.
(14)
Signage. Due to the size and nature of a property being developed as part of a PUD, it is recognized that reasonable signage shall be required in order to allow for development. As such, property being developed as part of a PUD shall be entitled to the same signage as if the property was located on New Jersey Route 37, east of the Garden State Parkway as set forth in § 348-8.26.
(15)
In the event of any discrepancy between this § 348-10.27.1 and other provisions of the Township ordinances with respect to density, signage, uses, bulk and area standards or any other provision, this PUD subsection shall control.
[Added 3-28-2017 by Ord.
No. 4537-17]
A.
Purpose. This zoning district was created in compliance with
a settlement agreement arising from the Petition for Declaratory Judgement
filed by the Township of Toms River with the Ocean County Vicinage
of the Superior Court and approved by order of the court. It provides
for modifications to the Rural Highway Business Zone (RHB) to enable
an inclusionary affordable housing development at Route 37 and Bimini
Drive (Block 506.01, Lots 1.01 through 1.07) to advance, which otherwise
would have required relief from one or more provisions of the general
RHB regulations. This section is specifically recommended in the amended
Housing Element and Fair Share Plan of the Township of Toms River,
as adopted by the Toms River Planning Board on February 15, 2017.
B.
Permitted uses. Uses within the following categories shall be permitted uses within the Rural Highway Business Affordable Housing Route 37 Zone unless otherwise specified in Subsection E as a use requiring a conditional use.
(1)
Retail and wholesale stores, shops and markets, provided that:
(a)
All goods or products fabricated or processed incidental
to such use shall be sold on the premises or distributed from the
premises.
(b)
Such fabricating or processing that is done on
the premises shall not include a processing activity which would involve
a physical or chemical process that would change the nature and/or
character of the product and/or raw material.
(2)
Personal service establishments, such as but not limited to
barbershops, beauty shops and tailoring and dressmaking shops.
(3)
Business and professional offices and banks and financial institutions.
(4)
Restaurants, lunchrooms, bars and other eating and drinking
establishments.
(5)
New and used automobile and mobile home sales agencies.
(6)
Art, dancing, music, gymnastics and other similar instructional
schools.
(7)
Schools for vocational instruction.
(8)
Scientific or research laboratories devoted to research, design
and/or experimentation, and processing and fabricating incidental
thereto, provided that no materials or finished products shall be
manufactured, processed or fabricated on said premises for sale, except
such as are incidental to said laboratory activities or are otherwise
permitted in this zone.
(9)
Publication of newspapers and periodicals.
(10)
The offices, showrooms, warehouses and garages of contractors
in the building trade.
(11)
Essential services.
(12)
Funeral homes, including one dwelling unit.
(13)
Medical service facilities, including but not limited to health
care facilities, continuing-care retirement communities and developments
and long-term residential health care facilities.
(14)
Shopping centers.
(15)
Hotels and motels.
(16)
Child-care centers.
(17)
Motor vehicle repair garages.
(18)
Motor vehicle service stations.
(19)
Quasi-public, private club and commercial recreation areas.
(20)
Mini warehouse facilities, including one dwelling unit.
(21)
Car washes.
(22)
Adult-care centers.
(23)
Multifamily and townhouse dwellings in accordance with the provisions of the MF-4 Multifamily Zone established by § 348-10.17.4, except that such uses shall only be permitted under the planned unit development standards established by § 348-10.27.2G.
(24)
Single-family dwellings in accordance with the provisions of the R-100 Residential Zone, except that such uses shall only be permitted under the planned unit development standards established by § 348-10.27.2G.
(25)
Veterinary clinics or hospitals.
(26)
Churches and places of worship.
[Added 7-13-2021 by Ord.
No. 4700-21]
D.
Permitted accessory uses:
(4)
Other customary accessory uses and buildings which are clearly
incidental to the principal use and building.
(7)
Bulk storage of fuel, provided that the storage area is used
solely in conjunction with a retail or wholesale outlet and that the
storage containers are built below the ground or in accordance with
the regulations adopted by the State of New Jersey.
(8)
The temporary outdoor bulk storage of retail goods, which are
available for sale may be permitted in front of a grocer or other
retail store without the need to provide screening or a fencing blocking
the goods from view. Such temporary storage areas shall be shown on
an approved site plan and the size and location of such areas are
subject to site plan approval.
E.
F.
Area, yard and building requirements.
(1)
Minimum lot area: one acre.
(2)
Minimum lot width: 150 feet.
(3)
Minimum lot frontage: 150 feet.
(4)
Minimum lot depth: 200 feet.
(6)
Minimum rear yard setback for principal and accessory buildings:
30 feet.
(8)
Maximum building height: 40 feet, subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
(9)
Maximum lot coverage by buildings: 20%.
(10)
Minimum unoccupied open space: 20%.
(11)
Maximum impervious surface coverage: 75%.
G.
Planned unit development. In accordance with the regulations
of this section, multifamily, townhouse and single-family residential
uses may be developed only in combination with related commercial
uses under the provisions set forth below. It is a requirement of
this section that such residential uses are only permitted if developed
as part of a planned unit development.
(1)
Planned unit developments shall only be permitted on parcels
having a minimum area of 20 acres. The nonresidential component of
a planned unit development shall consist of a minimum of 150 square
feet of gross floor area for each dwelling unit in the planned unit
development.
(2)
All nonresidential and accessory uses permitted in the RHB Rural Highway Business Zone are permitted in a planned unit development. Buffering, screening and landscaping shall be incorporated into the design as a means of either separating or integrating the uses into a cohesive design, in accordance with the standards set forth in § 348-8.4, except as modified herein. Buffers can be provided on either the residential side or the commercial side of the internal proposed uses of the PUD.
(3)
Conditional uses listed in this district shall not be permitted
in a planned unit development.
(4)
The number of dwelling units in the entire development shall
not exceed the product of the land area of the residential component
multiplied by the maximum density of the residential component of
12 units per acre. The applicant shall submit detailed floor plans
for each unit type proposed, and the site plan and building plan shall
specify the location of each unit type within the proposed buildings.
Any change in the floor plan of a dwelling unit type or the location
of dwelling unit types after the approval of a site plan shall require
the administrative approval of the Planning Board prior to the issuance
of a building permit. Wetland transition areas may be included in
the calculation of allowable residential units, but wetland areas
as regulated and defined by the New Jersey Department of Environmental
Protection shall not be included in the calculation of allowable residential
units.
(5)
Within a planned unit development, residential uses may be integrated into the nonresidential portion of the site, provided that the overall number of dwelling units in the entire development does not exceed the calculation set forth in Subsection G(4) above. In addition, the bedroom count shall average no more than 2.0 bedrooms per unit for the entire development, except that single-family dwellings shall not be included in the overall calculation of average bedroom density.
(6)
At least 20% of the residential units shall be affordable to low- and moderate-income households, as set forth in § 348-11.2, as amended. If the low- and moderate-income units are rentals, the overall residential yield may be increased by 15% as an incentive to develop such rental affordable housing.
(7)
In designing a planned unit development, residential uses shall be placed in locations that can serve as transitional areas to nearby residential zoning districts and shall meet the fifty-foot buffer requirement as set forth in § 348-8.4A. Similarly, nonresidential uses may be functionally integrated into the overall development so they will be convenient to the nearby residents and accessible from the existing arterial highway system. The phasing of the construction of the residential and nonresidential sections of the PUD will be set forth in a developer's agreement executed between the developer and the Township, but shall not be linked to the issuance of residential certificates of occupancy.
(8)
Open space, pedestrian, vehicular and bicycle networks shall
be coordinated with the circulation and open space objectives of the
Township, with particular attention given to areas that may lie in
centers as may be designated by the State Planning Commission through
the plan endorsement process.
(9)
The 20% minimum open space requirement shall be applied to the
overall PUD. Sections that have less than 20% unoccupied open space
shall be compensated by other sections with greater than 20% unoccupied
open space. Open space shall be created within the planned unit development
suitable for passive or active recreation uses and may include wetlands,
bioretention basins, rain gardens and forested areas that are valuable
for the protection of the natural environment. Stormwater management
basins that are fenced or otherwise have no access for open space
use and/or are not designed for water quality and planted with mixed
vegetation to provide wildlife habitat or other environmental value
are excluded from the usable open space calculation.
(10)
Any development approval of a planned unit development by the
approving authority shall contain a condition mandating a deed restriction
to enforce the requirements set forth in this section.
(11)
Recreation. Passive recreation areas, such as pathways, natural woods and fields, seating areas and lawns, shall be provided, suitably arranged, throughout any multifamily site. In addition, an active recreation area or areas shall be provided at the rate of at least 30 square feet per dwelling unit. Active recreation areas, which may include clubhouses, shall be installed of a sufficient size and nature to service the occupants of the project. If a swimming pool area or areas are to be installed, they are to include a pool of a size at least 500 square feet. An auxiliary building or buildings providing for lavatories and storage, which may be located in the clubhouse, shall also be erected in conjunction with pools. Swimming pools shall be subject to the provisions of § 348-8.8 of this chapter.
(12)
For a proposed multifamily site, at least one outdoor refuse
storage area of at least 30 square feet for each 20 dwelling units,
or an equivalent alternative utilizing a single trash compactor shall
be required.
(13)
Signage. Due to the size and nature of a property being developed as part of a PUD, it is recognized that reasonable signage shall be required in order to allow for development. As such, property being developed as part of a PUD shall be entitled to the same signage as if the property was located on New Jersey Route 37, east of the Garden State Parkway as set forth in § 348-8.26.
(14)
In the event of any discrepancy between this § 348-10.27.2 and other provisions of the Township ordinances with respect to density, signage, uses, bulk and area standards or any other provision, this PUD subsection shall control.
A.
Permitted uses.
[Amended 4-8-1986 by Ord. No. 2389-86]
(1)
The retail sales of goods which may include
the following:
(a)
Grocery stores and food markets.
(b)
Drugstores.
(c)
Dry goods stores.
(d)
Meat and poultry stores.
(e)
Baked goods stores.
(f)
Packaged liquor stores.
(g)
Flower shops.
(h)
Confectionary stores.
(i)
Household supplies stores.
(j)
Stationery supplies, tobacco and periodical
stores.
(k)
Haberdashery, dress goods and notions.
(l)
Hardware, plumbing supplies and electrical supplies.
(m)
Boat supplies and automobile supplies.
(n)
Shops of artisans and craftsmen.
(o)
Furniture and appliance stores.
(p)
Gift shops.
(2)
Personal service establishments may include
the following:
(a)
Barbershops and beauty shops.
(b)
Tailoring and dressmaking shops.
(c)
Dry-cleaning and laundry collection shops.
(d)
Shoe repair shops.
(e)
Appliance repair shops.
(f)
Radio and television repair shops.
(g)
Self-service laundries.
(h)
Art, dancing, music, gymnastics and other similar
instructional schools.
(i)
Nursery schools and day nurseries.
(3)
Business and professional offices and banks
and financial institutions.
(4)
Restaurants, lunchrooms, bars and other eating
and dining establishments.
(5)
Single-family residences.
(6)
Federal, state, county and municipal buildings
and grounds, but excluding schools.
(7)
Essential services.
(8)
Funeral homes, including one dwelling unit.
[Added 4-11-1990 by Ord. No. 2729-90]
(9)
Churches and places of worship.
[Added 8-14-1991 by Ord. No. 2848-91]
(10)
Quasi-public and private club recreation areas.
[Added 8-14-1991 by Ord. No. 2848-91]
(11)
Mini warehouse facilities, including one dwelling
unit.
[Added 9-24-1996 by Ord. No. 3196-96; amended 7-8-1997 by Ord. No. 3271-97]
(12)
Child-care centers.
[Added 2-25-1997 by Ord. No. 3230-97]
(13)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 11-26-2002 by Ord. No. 3748-02]
(14)
Car washes.
[Added 12-9-2003 by Ord. No. 3843-03]
C.
Permitted accessory uses.
(3)
Other customary accessory uses and buildings
which are clearly incidental to the principal use and building.
D.
Conditional uses subject to the provisions of Article
IX of this chapter.
(6)
Hotels and motels (§ 348-9.15). The following regulations shall apply in addition to and where in conflict with § 348-9.15 or this section:
(a)
Minimum lot area: 15,000 square feet.
(b)
Minimum lot width: 150 feet.
(c)
Minimum front setback: 35 feet.
(d)
Minimum side and rear setbacks: 20 feet.
(e)
Minimum number of units: 10.
(f)
Minimum open space: 15%.
(g)
On-site minimum parking: two spaces for the
first room in each separate unit plus an additional 1/2 space for
each additional room thereafter in each separate unit for all rooms
except bathrooms.
(9)
Multiple dwellings in accordance with the standards
of the MF-16 Multifamily Zone, but limited to lots a minimum of two
acres in size and further limited to a maximum density of 12 units
per acre.
[Added 12-27-2006 by Ord. No. 4064-06]
E.
Area, yard and building requirements.
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum lot width: 50 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front setback: 20 feet on local, local collector, minor
collector and major collector streets and 40 feet on minor or principal
arterial highways or the prevailing front setback, whichever is less,
except that no building shall extend into a required sight triangle.
[Amended 11-25-2014 by Ord. No. 4467-14]
(8)
Maximum building height: 45 feet subject to the provisions of § 348-5.12.
[Amended 4-25-2001 by Ord. No. 3597-01; 2-26-2019 by Ord. No. 4622-19]
(9)
Maximum lot coverage by buildings: 40%.
[Amended 12-9-2003 by Ord. No. 3843-03]
(10)
Minimum unoccupied open space: 10%.
(11)
A minimum of two feet of pervious surface shall be provided
along the side and rear lot lines, or in other similar locations subject
to the approval of the Township Engineer. Exceptions can be made if
the applicant's professionals can prove that the stormwater runoff
will be maintained on site and handled using the best management practices
as set forth by the New Jersey Department of Environmental Protection.
[Added 9-24-2019 by Ord.
No. 4646-19; amended 11-12-2019 by Ord. No. 4649-19]
[Added 8-22-2017 by Ord.
No. 4554-17]
A.
Permitted uses.
(1)
The retail sales of goods which may include the following:
(a)
Grocery stores and food markets.
(b)
Drugstores.
(c)
Dry goods stores.
(d)
Meat and poultry stores.
(e)
Baked goods stores.
(f)
Packaged liquor stores.
(g)
Flower shops.
(h)
Confectionary stores.
(i)
Household supplies stores.
(j)
Stationery supplies, tobacco and periodical stores.
(k)
Haberdashery, dress goods and notions.
(l)
Hardware, plumbing supplies and electrical supplies.
(m)
Boat supplies and automobile supplies.
(n)
Shops of artisans and craftsmen.
(o)
Furniture and appliance stores.
(p)
Gift shops.
(q)
Off-street parking facilities.
(2)
Personal service establishments may include the following:
(a)
Barbershops and beauty shops.
(b)
Tailoring and dressmaking shops.
(c)
Dry-cleaning and laundry collection shops.
(d)
Shoe repair shops.
(e)
Appliance repair shops.
(f)
Radio and television repair shops.
(g)
Self-service laundries.
(h)
Art, dancing, music, gymnastics and other similar instructional
schools.
(i)
Nursery schools and day nurseries.
(3)
Business and professional offices and banks and financial institutions.
(4)
Restaurants, lunchrooms, bars and other eating and dining establishments.
(5)
Single-family residences in accordance with the regulations
of the R-40A Zone.
[Amended 9-24-2019 by Ord. No. 4646-19]
(6)
Federal, state, county and municipal buildings and grounds,
but excluding schools.
(7)
Essential services.
(8)
Funeral homes, including one dwelling unit.
(9)
Churches and places of worship.
(10)
Quasi-public and private club recreation areas.
(11)
Mini warehouse facilities, including one dwelling unit.
(12)
Child-care centers.
(13)
Community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill, community residences for persons with head injuries
and adult family care homes for elderly persons and physically disabled
adults.
(14)
Car washes.
(15)
Multiple dwellings in accordance with the standards of the MF-16
Zone, but limited to a maximum density of 12 units per acre.
(16)
Multifamily units above ground-level uses (mixed use) permitted in § 348-10.29A, Subsection A(1) through (4).
B.
Required accessory uses.
(1)
Off-street parking subject to the provisions of § 348-8.20, except that all or a portion of required parking may be satisfied through the sharing of off-street parking on a site that is within 1,000 feet subject to a legal instrument such as a lease or easement and provided that such parking is available during the hours of operation of the use for which it is being provided.
[Amended 8-25-2020 by Ord. No. 4677-20]
C.
Permitted accessory uses.
(3)
Other customary accessory uses and buildings which are clearly
incidental to the principal use and building.
D.
Conditional uses subject to the provisions of Article IX of this
chapter.
(4)
Hotels and motels (§ 348-9.15). The following regulations shall apply in addition to and where in conflict with § 348-9.15 or this section:
(a)
Minimum lot area: 15,000 square feet.
(b)
Minimum lot width: 150 feet.
(c)
Minimum front setback: 35 feet.
(d)
Minimum side and rear setbacks: 20 feet.
(e)
Minimum number of units: 10.
(f)
Minimum open space: 15%.
(g)
On-site minimum parking: two spaces for the first room in each
separate unit plus an additional 1/2 space for each additional room
thereafter in each separate unit for all rooms except bathrooms.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum lot width: 50 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Minimum front setback: 20 feet on local, local collector, minor
collector and major collector streets and 40 feet on minor or principal
arterial highways or the prevailing front setback, whichever is less,
except that no building shall extend into a required sight triangle.
(8)
Maximum building height: 45 feet subject to the provisions of § 348-5.12.
[Amended 5-8-2018 by Ord.
No. 4584-18; 2-26-2019 by Ord. No. 4622-19]
(9)
Maximum lot coverage by buildings: 60%.
(10)
Maximum impervious coverage: 80%.
(11)
A minimum of two feet of pervious surface shall be provided
along the side and rear lot lines, or in other similar locations subject
to the approval of the Township Engineer. Exceptions can be made if
the applicant's professionals can prove that the stormwater runoff
will be maintained on site and handled using the best management practices
as set forth by the New Jersey Department of Environmental Protection.
[Added 9-24-2019 by Ord.
No. 4646-19; amended 11-12-2019 by Ord. No. 4649-19]
[1]
Editor's Note: Former § 348-10.29,
Preservation-Reclamation Zone, added 7-12-1988 by Ord. No. 2592-88,
was repealed 12-27-2006 by Ord. No. 4064-06.
A.
Permitted uses.
(1)
Light manufacturing as defined in this chapter.
(2)
The warehousing and storage of goods and products,
excluding the warehousing or storage of hazardous chemicals.
[Amended 2-9-1982 by Ord. No. 2068]
(3)
Wholesaling or distributing establishments,
except for used automobiles.
(4)
Scientific or research laboratories.
(5)
Executive or administrative offices of an industrial
or business concern which are not normally involved in conducting
business with the general public.
(6)
Federal, state, county and municipal buildings
and grounds.
(7)
Essential services.
(8)
Motor vehicle repair garages.
[Added 8-14-1991 by Ord. No. 2848-91]
(9)
Child-care centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(10)
Hotels and motels containing 100 or more units.
[Added 8-14-1991 by Ord. No. 2848-91]
(11)
Mini warehouse facilities, including one dwelling
unit.
[Added 9-24-1996 by Ord. No. 3196-96; amended 7-8-1997 by Ord. No. 3271-97]
C.
Permitted accessory uses.
(4)
Other customary accessory uses and buildings
which are clearly incidental to the principal use and building.
D.
Conditional uses subject to the provisions of Article
IX of this chapter.
(8)
Trailers, excluding boat and construction trailers,
used for storage (but not including loading or unloading operations)
or sale of goods or merchandise or in which commercial or professional
services are rendered for a period not exceeding two months. No more
than one extension for reasons of hardship may be granted, except
that applications for 30 days or less may be made directly to the
Township Committee without payment of fees and without a showing of
hardship where the granting of such application would not be detrimental
to interests of the public or in conflict with the Master Plan.
E.
Area, yard and building requirements.
(1)
Minimum lot area: one acre.
(2)
Minimum lot width: 150 feet.
(3)
Minimum lot frontage: 150 feet.
(4)
Minimum lot depth: 200 feet.
(6)
Minimum rear yard setback for principal and
accessory buildings: 50 feet.
(8)
Maximum building height: 45 feet subject to the provisions of § 348-5.12.
[Amended 4-25-2001 by Ord. No. 3597-01; 2-26-2019 by Ord. No. 4622-19]
(9)
Maximum lot coverage by buildings: 25%.
[Amended 12-9-2003 by Ord. No. 3843-03]
(10)
Minimum unoccupied open space: 20%.
F.
Prohibited uses.
[Added 3-7-2023 by Ord.
No. 4771-23]
A.
Permitted uses.
(1)
Research and testing laboratories, such as aerodynamic,
biological, chemical, dental, electronic, pharmaceutical and general.
(2)
Manufacturing of light machinery, such as carburetors
and small machine parts, cash registers, sewing machines and typewriters,
calculators and other office machines.
(3)
Fabrication of metal products, such as baby
carriages, bicycles and other vehicles; metal foil, such as tin, aluminum,
etc., metal furniture; musical instruments; sheet metal products;
and toys.
(4)
Fabrication of paper products, such as bags,
book bindings, boxes and packaging material, office supplies and toys.
(5)
Fabrication of wood products, such as boats,
boxes, cabinets and woodworking, furniture and toys.
(6)
Food and associated industries, such as bakeries,
bottling of food and beverages, food and cereal mixing and milling,
food processing, food sundry manufacturing, ice cream manufacturing
and manufacturing of spirituous liquor.
(7)
Truck terminals and the warehousing or storage
of goods and products, excluding the warehousing and storage of hazardous
chemicals.
[Amended 2-9-1982 by Ord. No. 2068]
(8)
Other permissible industry, such as brush and
broom manufacturing; concrete and plastic products; electrical, light
and power and other utility company installation; electronic products;
farm industry, manufacturing and service; glass products manufacturing;
jewelry manufacturing, including gem polishing; laundering and cleaning
establishments; leather goods manufacturing, except curing, tanning
and finishing of hides; motion-picture exchange; pharmaceutical products
manufacturing; cosmetic products manufacturing; photo finishing; pottery
and ceramic products manufacturing; thread and yarn manufacturing;
plastics and chemical manufacturing; and computer data services.
[Amended 4-26-1983 by Ord. No. 2166-83]
(9)
Wholesale building material supply yards, yards
of contractors in the construction and building trades and similar
operations requiring bulk storage of materials and equipment, such
as building construction supplies and the equipment, vehicles and
supplies of heavy equipment contractors.
(10)
Wholesaling or distributing establishments.
(11)
Bulk storage of petroleum and fuels.
(12)
Contractor's or craftsman's shop or equipment
storage area, including general repair shop, except automobile dismantling
or cannibalizing.
(13)
Federal, state, county and municipal buildings
and grounds.
(14)
Essential services.
(15)
Aboveground public utilities.
(16)
Motor vehicle repair garages.
[Added 8-14-1991 by Ord. No. 2848-91]
(17)
Child-care centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(18)
Hotels and motels containing 100 or more units.
[Added 8-14-1991 by Ord. No. 2848-91]
(19)
Quasi-public and private club recreation areas.
[Added 8-14-1991 by Ord. No. 2848-91]
(20)
Mini warehouse facilities, including one dwelling
unit.
[Added 9-24-1996 by Ord. No. 3196-96; amended 7-8-1997 by Ord. No. 3271-97]
(21)
Offices for members of a recognized profession
as defined in this chapter.
[Added 11-24-1998 by Ord. No. 3387-98; amended 12-27-2006 by Ord. No. 4064-06]
(22)
Offices of a business or public utility not
involving the retail sale of goods.
[Added 11-24-1998 by Ord. No. 3387-98; amended 12-27-2006 by Ord. No. 4064-06]
(23)
An office building with 5,000 square feet or
more of gross floor area may utilize a portion of the first floor,
not to exceed 10% of the gross floor area of the office building,
for types of retail trade which are ancillary to the office use and/or
service workers during normal working hours. Such retail use must
be located on the first floor of the office building, shall not be
permitted in a separate building on the site, and shall not have a
separate exterior access or outdoor identification signage. The types
of retail uses permitted include:
[Added 11-24-1998 by Ord. No. 3387-98; amended 12-27-2006 by Ord. No. 4064-06]
(a)
Restaurants and luncheonettes, but not including
drive-in nor drive-through restaurants or restaurants which depend
largely on a take-out service for off-premises consumption.
(b)
Retail uses which are normally and/or continually
utilized by offices and office workers during normal working hours
and do not primarily service the non-office worker and/or evening
shopper.
(24)
Banks and financial institutions.
[Added 11-24-1998 by Ord. No. 3387-98; amended 12-27-2006 by Ord. No. 4064-06]
(25)
Medical and dental clinics.
[Added 11-24-1998 by Ord. No. 3387-98; amended 12-27-2006 by Ord. No. 4064-06]
(26)
Adult-care centers.
[Added 11-24-1998 by Ord. No. 3387-98; amended 12-27-2006 by Ord. No. 4064-06]
(27)
Retail and office uses, restaurants, lunchrooms,
bars and other eating and drinking establishments on properties with
frontage on NJ Route 37 only.
[Added 12-27-2006 by Ord. No. 4064-06; amended 12-18-2007 by Ord. No. 4123-07]
(28)
Veterinary clinics or hospitals.
[Added 10-14-2014 by Ord. No. 4459-14]
C.
Permitted accessory uses.
(4)
Other customary accessory uses and buildings
which are clearly incidental to the principal use and building.
D.
Conditional uses subject to the provisions of Article
IX of this chapter.
(7)
Retail and office uses (§ 348-9.21).
[Amended 11-24-1998 by Ord. No. 3387-98; 12-27-2006 by Ord. No. 4064-06]
(9)
Trailers, excluding boat and construction trailers,
used for storage (but not including loading or unloading operations)
or sale of goods or merchandise or in which commercial or professional
services are rendered for a period not exceeding two months. No more
than one extension for reasons of hardship may be granted, except
that applications for 30 days or less may be made directly to the
Township Committee without payment of fees and without a showing of
hardship where the granting of such application would not be detrimental
to interests of the public or in conflict with the Master Plan.[5]
[5]
Editor's Note: Former § 348-10.31D(10),
(11) and (12), which immediately followed this subsection, each of
which were added 10-27-1993 by Ord. No. 3009-93, pertaining to long-term
residential health care facilities, continuing-care retirement communities
and cemeteries located north of NJ State Highway Rt. 70, were repealed
9-24-1996 by Ord. No. 3196-96.
(10)
Animal care facilities, other than veterinary clinics or hospitals.
[Added 10-14-2014 by Ord. No. 4459-14]
E.
Area, yard and building requirements.
(1)
Minimum lot area: two acres, except that lots
in a corporate park, as defined in this chapter, may have a minimum
lot area of one acre.
[Amended 11-24-1998 by Ord. No. 3386-98]
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot frontage: 150 feet.
(4)
Minimum lot depth: 200 feet.
(8)
Maximum building height: 50 feet, subject to the provisions of § 348-5.12, except for industrial development greater than 20 acres, in which case the maximum building height shall be 100 feet, subject to the provisions of § 348-5.12, provided that such structures have a minimum setback from any property line of 200 feet.
[Amended 5-22-1984 by Ord. No. 2244-84]
(9)
Maximum lot coverage by buildings: 35%, except
that structures having 80% or more of their floor space on a single
level shall be allowed a lot coverage of 50%.
[Amended 12-9-2003 by Ord. No. 3843-03]
(10)
Minimum unoccupied open space: 20%.
A.
Permitted uses.
(1)
Hospitals.
[Amended 12-14-2021 by Ord. No. 4720-21]
(2)
Office buildings for medical or dental clinics.
(4)
Federal, state, county and municipal offices.
(5)
Essential services.
(6)
Child-care centers.
[Added 8-14-1991 by Ord. No. 2848-91]
(7)
Adult-care centers.
[Added 9-24-1996 by Ord. No. 3196-96]
(8)
Health care facilities.
[Added 12-14-2021 by Ord. No. 4720-21]
C.
D.
E.
Area, yard and building requirements.
(1)
Minimum lot area: 15,000 square feet.
(2)
Minimum lot width: 100 feet.
(4)
Minimum lot depth: 150 feet.
(5)
Minimum front setback: 40 feet on local, local
collector, minor collector and major collector streets and 60 feet
on minor arterial and principal arterial highways.
(9)
Minimum floor area: 1,200 square feet.
(10)
Maximum coverage by buildings: 30%.
[Amended 12-9-2003 by Ord. No. 3843-03; 12-14-2021 by Ord. No. 4720-21]
(11)
Minimum unoccupied open space: 20%.
A.
Permitted uses.
(3)
Essential services.
(4)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
C.
Permitted accessory uses.
(1)
Necessary accessory buildings and uses, including facilities
for maintenance, administration, streets, fences, and off-street parking
facilities.
[Amended 12-26-2017 by Ord. No. 4569-17]
E.
Area, yard and building requirements. No building,
structure or land shall be used or erected, altered, enlarged or maintained
except for a planned retirement community within the area which is
in accordance with a site development plan and subdivision plat approved
by the Planning Board. Such site development plan shall meet at least
the following minimum requirements:
(1)
Minimum use. The minimum area for a planned
retirement community shall be 100 acres, provided that an area of
less than 100 acres may be added to an existing planned retirement
community if contiguous thereto and in compliance with the provisions
of this chapter.
(2)
Residential density. There shall be not more
than four dwelling units for each acre of residential land planned
and approved under this chapter.
(3)
Residential building coverage. Not more than
15% of the gross area shall be covered by residential buildings.
(4)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
(6)
Off-street parking. At least the following number of off-street parking spaces shall be provided: 1 1/2 spaces for each dwelling unit and for each guest room or suite of a motel. Off-street parking for any other purpose shall be in accordance with § 348-8.20. Residential driveways within a PRC Zone shall comply with the setbacks of § 348-8.11.1D and any construction or expansion of a driveway shall require a zoning permit. Driveways constructed in a PRC Zone prior to the effective date of this provision shall be exempt from the driveway setback requirements of § 348-8.11.1D.
[Amended 5-8-2018 by Ord.
No. 4584-18]
(8)
Minimum lot size. Each such unit shall have
allocated to it a minimum lot of 5,000 square feet, with an additional
5,000 square feet to be set aside for or restricted to green area
above described.
(9)
Front yards, side yards and rear yards. All buildings shall
have front yard setbacks of not less than 20 feet, side yard setbacks
of not less than eight feet and rear yard setbacks of not less than
20 feet. Buildings under 150 square feet shall comply with the setback
requirements as set forth in this chapter.
[Amended 12-9-2003 by Ord. No. 3843-03; 12-26-2017 by Ord. No. 4569-17]
(10)
Water and sewage facilities. No individual wells
or individual sewage disposal systems shall be permitted, and each
building shall be serviced with said utilities by a central supply
or disposal system which is approved by the Township Board of Health,
Sewerage Authority and other controlling agencies. No building permit
shall be issued unless and until plans for such facilities have been
submitted to the proper authorities for approval and adequate provisions
are made to ensure that such necessary facilities shall be installed.
(11)
Maximum dwelling units per building. No more
than four dwelling units shall be constructed or permitted in any
building or under any common roof.
[Added 9-14-1982 by Ord. No. 2116]
A.
Permitted uses.
(3)
Essential services.
(4)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 4-11-1990 by Ord. No. 2729-90; amended 11-26-2002 by Ord. No. 3748-02]
E.
Area, yard and building requirements. No building,
structure or land shall be used or erected, altered, enlarged or maintained
except for a planned retirement community within the area which is
in accordance with a site development plan and subdivision plat approved
by the Planning Board. Such site development plan shall meet at least
the following minimum requirements:
(1)
Minimum use. The minimum area for a planned
retirement community shall be 100 acres, provided that an area of
less than 100 acres may be added to an existing planned retirement
community if contiguous thereto and in compliance with the provisions
of this chapter.
(2)
Residential density. There shall be not more
than 3 1/8 dwelling units for each acre of residential land planned
and approved under this chapter.
[Amended 10-12-1994 by Ord. No. 3057-94]
(3)
Residential building coverage. Not more than
15% of the gross area shall be covered by residential buildings.
(4)
Maximum building height: 35 feet, subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels, counted vertically, at any point in the building above the grade level, as determined by the average grade elevation of the corners of the building.
(6)
Off-street parking. At least the following number of off-street parking spaces shall be provided: 1 1/2 spaces for each dwelling unit and for each guest room or suite of a motel. Off-street parking for any other purpose shall be in accordance with § 348-8.20. Residential driveways within a PRC-3 Zone shall comply with the setbacks of § 348-8.11.1D and any construction or expansion of a driveway shall require a zoning permit. Driveways constructed in a PRC-3 Zone prior to the effective date of this provision shall be exempt from the driveway setback requirements of § 348-8.11.1D.
[Amended 5-8-2018 by Ord.
No. 4584-18]
(8)
Minimum lot size. Each such unit shall have
allocated to it a minimum lot of 5,000 square feet, with an additional
5,000 square feet to be set aside for or restricted to green area
above described.
(9)
Front yards, side yards and rear yards. All
buildings shall have front yard setbacks of not less than 20 feet,
side yards setbacks of not less than eight feet and rear yard setbacks
of not less than 20 feet, except the rear yard setback of lots which
have rear property lines abutting common/open space shall be a minimum
of 15 feet, except attached structures, which may have one side setback
of zero feet. Structures under 100 square feet shall comply with the
setback requirements set forth in this chapter. Notwithstanding other
provisions of this chapter, an awning that does not have supports
on the ground will be permitted in the aforementioned rear yard setback
area, provided the awning is set back at least 12 feet from the neighbor’s
rear property line and five feet from common/open space property lines.
[Amended 2-22-1995 by Ord. No. 3084-95; 12-9-2003 by Ord. No. 3843-03; 10-26-2004 by Ord. No. 3908-04]
(10)
Water and sewage facilities. No individual wells
or individual sewage disposal systems shall be permitted, and each
building shall be serviced with said utilities by a central supply
or disposal system which is approved by the Township Board of Health,
Sewerage Authority and other controlling agencies. No building permit
shall be issued unless and until plans for such facilities have been
submitted to the proper authorities for approval and adequate provisions
are made to ensure that such necessary facilities shall be installed.
(11)
Maximum dwelling units per building. No more
than two dwelling units shall be constructed or permitted in any building
or under any common roof.
(12)
Roadways, streams, lakes, parking areas, driveways,
sidewalks and walkways. The developer shall provide for the ownership
and maintenance of all roadways, streams, lakes, parking areas, driveways,
sidewalks and walkways. Such responsibility shall remain with the
developer, except that it may be transferred to an organization conceived
and established to own and maintain the roadways, streams, lakes,
parking areas, driveways, sidewalks and walkways for the benefit of
such development.
[Added 2-22-1995 by Ord. No. 3084-95]
A.
Permitted uses.
(3)
Essential services.
(4)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Amended 11-26-2002 by Ord. No. 3748-02]
E.
Area, yard and building requirements. No building,
structure or land shall be used or erected, altered, enlarged or maintained
except for a planned retirement community within the area which is
in accordance with a site development plan and subdivision plat approved
by the Planning Board. Such site development plan shall meet at least
the following minimum requirements.
(1)
Minimum use. The minimum area for a planned
retirement community shall be 100 acres, provided that an area of
less than 100 acres may be added to an existing planned retirement
community if contiguous thereto and in compliance with the provisions
of this chapter.
(2)
Residential density. There shall be not more
than four dwelling units for each acre of residential land planned
and approved under this chapter.
(3)
Residential building coverage. Not more than
20% of the gross area shall be covered by residential buildings.
(4)
Maximum building height: 35 feet, subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building, except residential buildings may not exceed 20 feet in height and two usable floor levels counted vertically as above.
(6)
Setbacks from public street right-of-way. No
building or structure, other than an entrance guardhouse, walls or
fences, shall be located within 200 feet from any state highway or
within 100 feet of any other public street right-of-way. Nothing contained
herein, however, shall prevent the construction of any temporary model
homes in an appropriately designated display area, which model homes
shall be located at least 100 feet from any existing public street
right-of-way. No such model homes shall be occupied as a residence.
Upon completion of the use of such structure as a model home, the
structure shall be removed and appropriate steps shall be taken to
adequately landscape the area on which the temporary model home(s)
had been located.
(7)
Off-street parking. At least the following number of off-street parking spaces shall be provided: two spaces for each dwelling unit. Off-street parking for any other purpose shall be in accordance with § 348-8.20. Residential driveways within a PRC-4 Zone shall comply with the setbacks of § 348-8.11.1D and any construction or expansion of a driveway shall require a zoning permit. Driveways constructed in a PRC-4 Zone prior to the effective date of this provision shall be exempt from the driveway setback requirements of § 348-8.11.1D.
[Amended 5-8-2018 by Ord.
No. 4584-18]
(9)
A maximum of 70% of the residential units shall
have a minimum lot area of 5,000 square feet with an additional 2,000
square feet to be set aside for or restricted to green area for each
such residential unit. A minimum of 30% of the residential units shall
have a minimum lot area of 6,000 square feet with an additional 2,000
square feet to be set aside for or restricted to green area for residential
unit.
(10)
Front yards, side yards and rear yards. All
buildings shall have front yard setbacks of not less than 25 feet,
side yard setbacks of 10 feet and rear yard setbacks of 10 feet, except
attached structures, which may have one side yard setback of zero
feet. Accessory structures, except storage sheds less than 100 square
feet in area, must comply with the above.
(11)
Minimum width of residential unit. No residential
unit shall be constructed having a width less than 22 feet.
(12)
Access to state highway. Any planned residential
retirement community must provide direct vehicular access to a state
highway.
F.
Water and sewage facilities. No individual wells
or individual sewage disposal facilities shall be permitted. Each
building shall be serviced with water and sewage facilities by a central
supply or disposal system which is approved by the Township Board
of Health, Toms River Township Municipal Utilities Authority and other
controlling agencies. No building permit shall be issued unless and
until plans for such facilities have been submitted to the proper
authorities for approval and adequate provisions are made to ensure
that such necessary facilities shall be installed.
G.
Roadways, streams, lakes, parking areas, driveways, sidewalks and walkways. The developer shall provide for the ownership and maintenance of all roadways, streams, parking areas, driveways, sidewalks and walkways. Such responsibility shall remain with the developer except that it may be transferred to an organization conceived and established to maintain the roadways, streams, lakes, parking areas, driveways, sidewalks and walkways for the benefit of the development. Such organization shall not be dissolved and shall not dispose of any such areas of responsibility by sale or otherwise, except to an organization conceived and established to own and maintain such properties for the benefit of such development. Each individual property owner shall own an undivided share of the properties to be maintained by the association, it being intended that each individual unit owner will own the individual unit as well as a proportionate share of such roadways, streams, lakes, parking areas, driveways, sidewalks and walkways in relation to the total number of units in the development. Any transfer of responsibility to an organization shall be subject to the approval of the Toms River Township Planning Board. Those provisions of § 348-8.9 of the Toms River Township Land Use and Development Regulations which deal with the rights of the Township in the event of a failure of the organization to maintain such responsibilities shall apply. It is intended by this section that in the event of a failure of the developer or successor organization to maintain these responsibilities, causing the Township to perform such services, that the Township will obtain a lien against each of the individual units in the same way that unpaid real estate taxes and assessments are liens against the individual units. A statement containing the provisions of this section shall be filed as part of the Declaration of Covenants, Conditions and Restrictions, which document is filed with the Clerk of Ocean County. In addition, any contract of sale to any prospective purchaser by the developer shall contain a provision disclosing the requirement to join the homeowners' association and the nature of the fees that will be charged to the purchaser as a homeowner by virtue of being a member of such homeowners' association.
H.
Private roadways. All residential lots shall front on private roadways in accordance with a site development plan and subdivision plat approval by the Toms River Township Planning Board. The requirements of § 348-5.4A shall not be applicable.
I.
Construction standards. Each residential unit
may generally be rectangular in form, but shall be relieved by breaks
in facade and apparent size by attached auto storage additions and
porch-like additions. The main roof shall be pitched and shingled.
Exterior walls shall look like wood or masonry regardless of composition.
The foundation shall form a complete enclosure under the exterior
walls. Setback of units shall not be uniform. Building orientation
and type shall vary.
J.
Age restrictions. Such development shall contain
residential homes and recreational and cultural services for the benefit
of the permanent residents who are persons 55 years of age or over.
Nothing herein shall prohibit a spouse from residing in such a development
having a density of 4.0 units per acre who is under the age of 55
years, provided that such spouse is married to a person who is a minimum
of 55 years of age.
K.
L.
Clubhouse size and completion. There shall be
at least one clubhouse or community building, which shall provide
for at least six square feet of clubhouse space for each dwelling
unit proposed. The clubhouse shall be completed, shall receive a certificate
of occupancy and shall be in operation before the completion of a
dwelling unit representing 25% of the total dwelling units to be constructed
as set forth in the major subdivision, preliminary plat, excluding
any units constructed and for which occupancy is limited to model
purposes. The applicant shall post appropriate bonds to insure the
construction of the clubhouse building.
[Added 12-22-1987 by Ord. No. 2533-87]
A.
Permitted uses.
(1)
Mobile homes occupied for dwelling purposes
in accordance with Article XI of this chapter.
[Amended 12-26-1991 by Ord. No. 2881-91]
(3)
Essential services.
(4)
Community residences for the developmentally
disabled, community shelters for victims of domestic violence, community
residences for the terminally ill, community residences for persons
with head injuries and adult family care homes for elderly persons
and physically disabled adults.
[Added 11-26-2002 by Ord. No. 3748-02]
(5)
Single-family dwellings subject to the area, yard and building requirements in the R-100 Residential Zone (§ 348-10.11E).
[Added 12-9-2003 by Ord. No. 3843-03; amended 6-22-2004 by Ord. No. 3882-04]
C.
Permitted accessory uses.
(1)
Necessary accessory buildings and uses, including
facilities for maintenance and administration, streets and off-street
parking facilities.
E.
Area, yard and building requirements. No building,
structure or land shall be used or erected, altered, enlarged or maintained
except for a mobile home park within the area which is in accordance
with a site development plan approved by the Planning Board. Such
site development plan shall meet at least the following minimum requirements:
(1)
Minimum park area. The minimum area for a mobile
home park shall be 10 acres, provided that an area of less than 10
acres may be added to an existing mobile home park if contiguous thereto
and in compliance with the provisions of this chapter.
(2)
Minimum mobile home space area: 2,800 square
feet.
(3)
Minimum space width: 35 feet
(4)
Minimum clearance between units: 20 feet.
[Amended 8-12-1997 by Ord. No. 3276-97]
(5)
Minimum distance of unit from dwelling: 50 feet.
(6)
Minimum distance of unit from property line:
10 feet.
(7)
Minimum distance of unit from public right-of-way:
100 feet.
(8)
Minimum side and rear buffer: 10 feet.
(10)
Water and sewage facilities. No individual wells
or individual sewage disposal systems shall be permitted, and each
building shall be serviced with said utilities by a central supply
or disposal system which is approved by the Township Board of Health,
Sewerage Authority and other controlling agencies. No building permit
shall be issued unless and until plans for such facilities have been
submitted to the proper authorities for approval and adequate provisions
are made to ensure that such necessary facilities shall be installed.
(11)
Roadways, streams, lakes, parking areas, driveways,
sidewalks and walkways. The developer shall provide for the ownership
and maintenance of all roadways, streams, lakes, parking areas, driveways,
sidewalks and walkways. Such responsibility shall remain with the
developer, except that it may be transferred to an organization conceived
and established to own and maintain the roadways, streams, lakes,
parking areas, driveways, sidewalks and walkways for the benefit of
such development.
(12)
All residential mobile home spaces shall front on private roadways in accordance with a site development plan and subdivision plat approval by the Toms River Township Planning Board. The requirement of § 348-5.4A shall not be applicable within this zone.
(13)
Recreation areas. At least 250 square feet per
mobile home space shall be made available in one or more areas for
recreation uses. These areas shall be located so as to be free of
traffic hazards.
[Added 2-13-2002 by Ord. No. 3665-02]
A.
Permitted uses.
(1)
Age-restricted multifamily residential development
at a density not to exceed 12 dwelling units per acre. The development
shall have a mandatory 100% set aside for low- and moderate-income
senior citizens. This income restriction does not apply to the unit
developed for management personnel.
(2)
Recreation, cultural and medical facilities
for the sole use of residents of the development and their guests.
(3)
Essential services.
E.
Area, yard and building requirements. No building,
structure or land shall be used or erected, altered, enlarged or maintained
except for an age-restricted multifamily residential development within
the area which is in accordance with a site plan approved by the Planning
Board. Such site plan shall meet at least the following minimum requirements:
(1)
Minimum lot area: seven acres.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot frontage: 200 feet.
(4)
Minimum lot depth: 250 feet.
(8)
Minimum unoccupied open space: 30%.
(9)
Maximum lot coverage by buildings: 40%.
[Amended 12-9-2003 by Ord. No. 3843-03]
(10)
Maximum building height: 40 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners the building.
(12)
Maximum building length: 190 feet.
(13)
Distance between buildings and parking areas/internal
drives: No multifamily dwellings shall be located closer than 15 feet
to access driveways, internal roadways or parking areas.
(15)
All buildings shall contain sufficient breaks
and/or setbacks in the building elevation subject to approval by the
Planning Board's Architectural/Landscape Review Committee.
(16)
Full compliance with the applicable developer's
agreement upon which this chapter is based shall be a requirement
of this chapter and shall be an essential and nonseverable condition
of project approval. In the event any developer in this zone shall
secure a Planning Board approval prior to such time as COAH certifies
the Township's Housing Element and Fair Share Plan, any such approval
shall be further conditioned upon COAH's certification of the Township's
Housing Element and Fair Share Plan or approval of at least that portion
of the Housing Element and Fair Share Plan involving the subject property.
[Added 2-13-2002 by Ord. No. 3665-02]
A.
Permitted uses.
(1)
Age-restricted multifamily residential development
at a density not to exceed 15 dwelling units per acre. The development
shall have a mandatory 100% set aside for low- and moderate-income
senior citizens. This income restriction does not apply to the unit
developed for management personnel.
(2)
Recreation, cultural and medical facilities
for the sole use of residents of the development and their guests.
(3)
Essential services.
E.
Area, yard and building requirements. No building,
structure or land shall be used or erected, altered, enlarged or maintained
except for an age-restricted multifamily residential development within
the area which is in accordance with a site plan approved by the Planning
Board. Such site plan shall meet at least the following minimum requirements:
(1)
Minimum lot area: six acres.
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot frontage: 200 feet.
(4)
Minimum lot depth: 250 feet.
(8)
Minimum unoccupied open space: 30%.
(9)
Maximum lot coverage by buildings: 40%.
[Amended 12-9-2003 by Ord. No. 3843-03]
(10)
Maximum building height: 40 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than three usable floor levels counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
(12)
Maximum building length: 275 feet.
(13)
Distance between buildings and parking areas/internal
drives: No multifamily dwellings shall be located closer than 15 feet
to access driveways, internal roadways or parking areas.
(15)
All buildings shall contain sufficient breaks
and/or setbacks in the building elevation subject to approval by the
Planning Board's Architectural/Landscape Review Committee.
(16)
Full compliance with the applicable developer's
agreement upon which this chapter is based shall be a requirement
of this chapter and shall be an essential and nonseverable condition
of project approval. In the event any developer in this zone shall
secure a Planning Board approval prior to such time as COAH certifies
the Township's Housing Element and Fair Share Plan, any such approval
shall be further conditioned upon COAH's certification of the Township's
Housing Element and Fair Share Plan or approval of at least that portion
of the Housing Element and Fair Share Plan involving the subject property.
[Added 8-22-2017 by Ord.
No. 4554-17]
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Federal, state, county and municipal buildings and grounds,
including schools, parks and playgrounds, but not workshops, warehouses,
garages and storage yards.
(3)
Private and parochial schools not operated for profit.
(4)
Essential services.
(5)
Community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill, community residences for persons with head injuries
and adult family care homes for elderly persons and physically disabled
adults.
B.
Required accessory uses.
(1)
Off-street parking subject to the provisions of § 348-8.20, except that the provisions of § 348-8.20I(6) shall also apply in the R-40E Zone.
C.
Permitted accessory uses.
D.
Conditional uses subject to the provisions of Article IX of this
chapter or as otherwise specified herein:
E.
Area, yard and building requirements.
(1)
Minimum lot area: 4,000 square feet.
(2)
Minimum lot width: 40 feet.
(4)
Front yard setbacks.
(a)
Minimum front setback: 20 feet or 20% of lot depth, or the prevailing
front setback, whichever is less, but in any event the front setback
shall be a minimum of two feet.
(5)
Minimum rear yard setback.
(a)
Principal buildings: 20 feet or 20% of lot depth, whichever
is less, except that for lots having a depth of 70 feet or less, then
the minimum rear setback shall be 20 feet or 20% of lot depth or the
average rear setback of all principal buildings fronting on the same
street and within the same block, whichever is less.
(b)
Accessory buildings: eight feet.
(c)
Private swimming pools: eight feet.
(7)
Maximum building coverage:
|
Lot Area
(square feet)
|
Coverage
(percentage)
|
|---|---|
|
Up to 2,000
|
47 1/2%
|
|
Over 2,000
|
950 square feet plus 25% of the lot area over 2,000 square feet
|
(8)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than two usable floor levels under a habitable attic, as defined herein, counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
[Amended 9-24-2019 by Ord. No. 4646-19]
(9)
Maximum impervious coverage: two times permitted building coverage,
not to exceed 90%.
(10)
A minimum of two feet of pervious surface shall be provided
along the side and rear lot lines, or in other similar locations subject
to the approval of the Township Engineer. Exceptions can be made if
the applicant's professionals can prove that the stormwater runoff
will be maintained on site and handled using the best management practices
as set forth by the New Jersey Department of Environmental Protection.
[Amended 11-12-2019 by Ord. No. 4649-19]
(11)
Maximum floor area ratio: two times permitted building coverage,
not to exceed 0.8.
[1]
Editor's Note: Former § 348-10.38,
ALA-AH Alternative Living Arrangement-Affordable Housing Zone, added
2-13-2002 by Ord. No. 3665-02, as amended, was repealed 12-27-2006
by Ord. No. 4064-06.
[Added 8-22-2017 by Ord.
No. 4554-17]
A.
Permitted uses.
(1)
Single-family dwellings.
(2)
Federal, state, county and municipal buildings and grounds,
including schools, parks and playgrounds, but not workshops, warehouses,
garages and storage yards.
(3)
Private and parochial schools not operated for profit.
(4)
Essential services.
(5)
Community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill, community residences for persons with head injuries
and adult family care homes for elderly persons and physically disabled
adults.
B.
Required accessory uses.
(1)
Off-street parking subject to the provisions of § 348-8.20, except that the provisions of § 348-8.20I(6) shall also apply in the R-40W Zone.
C.
Permitted accessory uses.
D.
Conditional uses subject to the provisions of Article IX of this
chapter or as otherwise specified herein:
E.
Area, yard and building requirements.
(1)
Minimum lot area: 4,000 square feet.
(2)
Minimum lot width: 40 feet.
(4)
Front yard setbacks.
(a)
Minimum front setback: 20 feet or 20% of lot depth, or the prevailing
front setback, whichever is less, but in any event the front setback
shall be a minimum of two feet.
(5)
Minimum rear yard setback.
(a)
Principal buildings: 20 feet or 20% of lot depth, whichever
is less, except that for lots having a depth of 70 feet or less, then
the minimum rear setback shall be 20 feet or 20% of lot depth or the
average rear setback of all principal buildings fronting on the same
street and within the same block, whichever is less.
(b)
Accessory buildings: eight feet.
(c)
Private swimming pools: eight feet.
(7)
Maximum building coverage:
|
Lot Area
(square feet)
|
Coverage
(percentage)
|
|---|---|
|
Up to 2,000
|
47 1/2%
|
|
Over 2,000
|
950 square feet plus 25% of the lot area over 2,000 square feet
|
(8)
Maximum building height: 35 feet subject to the provisions of § 348-5.12. In any event, the building shall not contain more than two usable floor levels under a habitable attic, as defined herein, counted vertically at any point in the building above the grade level as determined by the average grade elevation of the corners of the building.
[Amended 9-24-2019 by Ord. No. 4646-19]
(9)
Maximum impervious coverage: two times permitted building coverage,
not to exceed 90%.
(10)
A minimum of two feet of pervious surface shall be provided
along the side and rear lot lines, or in other similar locations subject
to the approval of the Township Engineer. Exceptions can be made if
the applicant's professionals can prove that the stormwater runoff
will be maintained on site and handled using the best management practices
as set forth by the New Jersey Department of Environmental Protection.
[Amended 11-12-2019 by Ord. No. 4649-19]
(11)
Maximum floor area ratio: two times permitted building coverage,
not to exceed 0.8.
[Added 1-26-1988 by Ord. No. 2539-88; amended 5-10-1988 by Ord. No. 2568-88; 5-10-1988 by Ord. No. 2570-88; 6-14-1988 by Ord. No. 2581-88; 12-26-1991 by Ord. No. 2881-91; 11-10-1992 by Ord. No. 2942-92; 4-28-1993 by Ord. No. 2974-93; 5-11-1994 by Ord. No. 3036-94; 4-12-1995 by Ord. No. 3097-95; 1-26-1999 by Ord. No. 3403-99; 12-7-2004 by Ord. No. 3920-04; 3-8-2005 by Ord. No. 3933-05; 10-11-2005 by Ord.
No. 3972-05; 3-9-2010 by Ord. No. 4243-10; 3-9-2010 by Ord. No. 4244-10; 8-24-2010 by Ord. No. 4288-10; 8-23-2011 by Ord. No.
4235-11; 3-28-2017 by Ord. No. 4539-17; 9-26-2017 by Ord. No. 4556-17]
This article is amended in accordance with a Settlement Agreement
approved by an order on fairness and preliminary compliance hearing
entered by Judge Mark A. Troncone, J.S.C., on December 31, 2016.
A.
This section of the Township of Toms River Code sets forth regulations
regarding low- and moderate-income housing units in Toms River Township
that are consistent with the provisions known as the "Substantive
Rules of the New Jersey Council on Affordable Housing," N.J.A.C. 5:93
et seq., and the Uniform Housing Affordability Controls, N.J.A.C.
5:80-26.1 et seq. These rules are pursuant to the Fair Housing Act
of 1985 and Toms River Township's constitutional obligation to provide
for its fair share of low- and moderate-income housing. In addition,
this section applies to requirements for very-low-income housing as
established in P.L. 2008, c.46.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-8.1 through 40:55D-8.7.
B.
AFFORDABLE HOUSING ADMINISTRATOR (AH ADMINISTRATOR)
DEVELOPER'S AFFORDABLE HOUSING PLAN
EXEMPT SALES
FAIR MARKET VALUE
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSING
MODERATE-INCOME HOUSING
PRICE DIFFERENTIAL
REPAYMENT CLAUSE
REPAYMENT OPTION
SET ASIDE
UNIT COMPLETION
Terms defined. The following terms are defined in accordance with
Council on Affordable Housing (COAH) rules and the Uniform Housing
Affordability Controls:
The Township Planner of the Township of Toms River, other
municipal official(s) and/or designee(s) appointed or contracted by
the Township Council of the Township of Toms River to administer the
compliance and/or implementation of the Township's affordable housing
plan.
A plan submitted by the developer and approved by the Affordable
Housing Management Service of the State of New Jersey, Department
of Community Affairs, which shall identify the manner in which the
developer plans to develop, price, market and restrict the low- and
moderate-income dwelling units in accordance with this article.
Includes the transfer of ownership between husband and wife
and transfers of ownership between former spouses as a result of a
judicial decree of divorce or a judicial separation but not including
sales to third parties; the transfer of ownership between family members
as a result of inheritance; the transfer of ownership through an executors
deed to a Class A beneficiary and a transfer of ownership by court
order.
The unrestricted price of a low- or moderate-income housing
unit if sold at a current real estate market rate.
A residential housing development in which a percentage of
the housing units are reserved for low- and moderate-income households.
Housing affordable according to Council on Affordable Housing
(COAH) standards for homeownership and rental costs and occupied or
reserved for occupancy by households with a gross household income
equal to 50% or less of the median gross household income for households
the same size within the housing region in which the house is located
in and subject to affordability controls.
Housing affordable according to Council on Affordable Housing
(COAH) standards for homeownership and rental costs and occupied or
reserved for occupancy by households with a gross household income
of more than 50% but less than 80% of the median gross household income
for households of the same size within the housing region in which
the house is located and subject to affordability control.
The difference between the controlled unit sale price and
the fair market value as determined at the date of the proposed contract
sale after reasonable real estate broker fees have been paid.
Obligation of a seller exercising the repayment option to
pay 95% of the price differential to a municipality at closing for
use within the municipal housing plan.
The option of a seller of a low- or moderate-income unit
to sell a unit pursuant to N.J.A.C. 5:93-9.8 et seq. at a fair market
value subject to compliance with the terms of the repayment clause.
The percentage of housing units devoted to low- and moderate-income
households within an inclusionary development.
The receipt of any temporary or final certificate of occupancy.
A.
Low- and moderate-income housing required. Developers of the affordable
housing (AH) sites, as designated on the Zoning Map of the Township
of Toms River, Ocean County, New Jersey, shall be required to set
aside the number of affordable units specified in any existing valid
approval or in accordance with the following schedule:
|
Zone
|
Block and Lot
|
Site Number
|
Site
|
Mandatory Set Aside of Low- and Moderate-Income Units
|
|---|---|---|---|---|
|
RHB-AH37
|
Block 506.01, Lots 1.01-1.07
|
43
|
Bimini Drive 28
|
20%
|
|
RHB-AH9
|
Block 410, Lot 25
|
48
|
Dover Shopping Center 30
|
20%
|
|
AH
|
Block 37, Lot 1
|
2
|
North Pointe Hollow
|
20%
|
|
AH
|
Block 135.01, Lot 4
|
6
|
Hope's Crossing
|
100%
|
|
AH
|
Block 571, Lots 1, 3, 60
|
10
|
The Fairways at Dover
|
20% (15% rental)
|
|
AH
|
Block 571.64, Lots 58, 59
|
11
|
Old Freehold Road Site
|
20% (15% rental)
|
|
AH
|
Block 609, Lot 1
|
15
|
Walnut Street
|
20% (15% rental)
|
|
AH
|
Block 591, Lot 7.09
|
As Developers
|
3 units
| |
|
AH
|
Block 166, Lot 1
|
25
|
Woods at Mass. Ave
|
20%
|
|
AH
|
Block 164, Lot 4
|
25A
|
Santiago (Mass. Ave)
|
100%
|
|
AH
|
Block 414, Lot 9.01
|
28
|
Presbyterian Homes
|
100%
|
|
AH
|
Block 164, Lot 3
|
31
|
Forgione
|
20%
|
|
AH
|
Block 120, Lot 2
|
29
|
Property Regenerators
|
100%
|
|
AH
|
Block 166, Lots 2, 10
|
30
|
Village Properties
|
100%
|
|
AH
|
Block 164, Lots 7, 13
|
32
|
Majesky
|
20%
|
|
In addition to the set aside requirements above, the developers
of affordable housing (AH) sites shall be subject to the requirements
of the underlying zoning of the respective site set forth in Article
X.
|
B.
Affordable housing plan required.
(1)
Each developer of an affordable housing development shall file
a developer's affordable housing plan with the Township Planning Board.
Said plan shall be filed at the time of application for final approval
for any site plan which includes low- and moderate-income housing
units. It shall be a plan that has been approved by the administrative
agent. Said plan shall meet all Department of Community Affairs requirements
and shall specify in detail the methods, procedures and forms to be
used by the developer and comply with provisions of this article.
It shall contain the following information as to the proposed development.
(2)
The plan shall be in such form and content in which the Township Planning Board may from time to time establish. The Township Planning Board's approval of the developer's affordable housing plan will be required prior to the issuance of a development permit or the signing of any subdivision plat by the Township. Also, compliance with the affordable housing construction phasing schedule set forth in § 348-11.3G below shall be incorporated in the plan and actual compliance shall be required prior to the issuance of any certificate of occupancy.
C.
Planning Board applications expedited and application fees waived.
The Toms River Township Planning Board, with the cooperation of the
developer, shall expedite, to the maximum extent possible, the processing
of applications for development of affordable housing. The Township
shall, to the maximum extent permitted by the law, waive the Township
land use fees for submission of applications for only that portion
of the development that consists of affordable housing. There shall
be no waiver or reduction of fees as to the market rate units included
within the application. Additionally, the Planning Board shall consider
waiver requests for Township-required design standards that can be
shown to generate unnecessary costs.
D.
Fee required. Prior to the issuance of a certificate of occupancy
for an affordable housing unit, the developer of affordable housing
sites shall pay a fee to the Township to offset the costs of the services
of the Affordable Housing (AH) Administrator. Said fee shall be the
prevailing fees charged by the administrative agent for such services.
A.
Building permits. No building permit(s) shall be issued for any development
on an affordable housing (AH) site unless the developer's affordable
housing plan has been approved by the AH administrator.
B.
Toms River Township's fair share obligation will be divided equally
between low- and moderate-income households, except that where there
is an odd number of affordable housing units, the extra unit shall
be a low-income unit.
C.
Except for developments constructed pursuant to low-income tax credit
regulations:
(1)
At least half of all affordable units within each development
shall be affordable to low-income households;
(2)
At least half of all affordable rental units shall be affordable
to low-income households; and
(3)
At least 50% of all affordable units in each bedroom distribution
pursuant to N.J.A.C. 5:80-26.3(a) shall be affordable to low-income
households.
(4)
At least 13% of all affordable housing units approved and constructed
after July 1, 2008, shall be affordable to very-low-income households
with incomes at no more than 30% of the median income pursuant to
N.J.S.A. 52:27D-329.1.
D.
The following criteria shall be used in determining maximum rents
and sales prices:
(1)
Efficiency units shall be affordable to a one-person household;
(2)
One-bedroom units shall be affordable to one-and-one-half-person
households;
(3)
Two-bedroom units shall be affordable to three-person households;
(4)
Three-bedroom units shall be affordable to four-and-one-half-person
households;
(5)
For affordable units in assisted living facilities, a studio
or efficiency unit shall be affordable to a one-person household;
a one-bedroom unit shall be affordable to a one-and-one-half-person
household; a two-bedroom unit shall be affordable to a two-person
household or to two one-person households;
(6)
Median income by household size for Ocean County shall be established
by a regional weighted average of the uncapped Section 8 income limits
published by HUD as annually adopted by COAH or approved by the New
Jersey Superior Court;
(7)
The maximum sales prices of low- and moderate-income units within
each affordable development shall be affordable to households earning
no more than 70% of median income. Each affordable development must
achieve an affordability average of 55% for affordable sales units.
In achieving this average moderate-income sales units shall be available
for at least three different prices and low-income sales units shall
be available for at least two different prices for each bedroom type;
(8)
For both owner-occupied and rental units, the low- and moderate-income
units shall utilize the same heating source as market units within
an inclusionary development;
(9)
Low-income units shall be reserved for households with a gross
household income less than or equal to 50% of the median income; moderate-income
units shall be reserved for households with a gross household income
less than 80% of the median income; very-low-income units shall be
reserved for households with a gross household income less than or
equal to 30% of the median income.
E.
Bedroom distribution. Affordable, non-age-restricted housing developments
shall have the following distribution of bedroom types:
(1)
At a minimum, 30% of all low- and moderate-income units shall
be two-bedroom units;
(2)
At a minimum, 20% of all low- and moderate-income units shall
be three-bedroom units;
(3)
The combination of efficiency and one-bedroom units shall be
at least 10% and no greater than 20% of the total low- and moderate-income
units; and
(4)
Low- and moderate-income units that are age-restricted may utilize
a modified bedroom distribution. At a minimum, the number of bedrooms
will equal the number of age-restricted low- and moderate-income units
within the inclusionary development. The standard may be met by having
all one-bedroom units or by having a two-bedroom unit for each efficiency
unit.
F.
Unit location. Affordable housing units in inclusionary developments
shall be situated on the development tract in locations no less desirable
than market priced dwelling units within the development, and shall
be equally accessible to common open space, community facilities and
shopping facilities.
G.
Phasing. Approval of the developer's affordable housing plan shall
be contingent upon the inclusionary development, whether if developed
in one stage or in two or more stages, meeting the following phasing
schedule:
|
Minimum Percentage of Low/Moderate-Income Units Completed
|
Maximum Percentage of Market Housing Units Completed
|
|---|---|
|
0
|
25
|
|
10
|
25 plus 1 unit
|
|
50
|
50
|
|
75
|
75
|
|
100
|
90
|
H.
Occupancy section.
(1)
The AH administrator shall designate an application period during
which applications to purchase or rent affordable housing units will
be accepted.
(2)
Applications shall be accepted only if submitted on an application
form prepared and/or approved by the AH administrator. Applications
shall be completely filled out and notarized. Knowingly or intentionally
making any false statement on a form shall be grounds for disqualifying
an applicant even if the applicant is otherwise eligible.
(3)
The AH administrator shall secure all information from applicant
households necessary and appropriate to determine that affordable
units are occupied by properly sized households with appropriate low-
or moderate-income levels in accordance with N.J.A.C. 5:80-26.16.
Income verification documentation may include, but is not limited
to, the following for each and every member of a household who is
18 years of age or older:
(a)
A copy of federal and state tax returns for each of the three
years prior to the date of the application.
(b)
A letter from all employers stating present annual income or
four consecutive pay stubs dated within 120 days of the interview
date.
(c)
A letter or appropriate reporting form verifying benefits, including
but not limited to social security or pension.
(d)
A letter or appropriate reporting form verifying any other sources
of income claimed by the applicant household.
(e)
Reports that verify income from assets to be submitted by banks
or other financial institutions managing trust funds, money market
accounts, stocks or bonds.
(f)
Reports that verify assets that do not earn regular income such
as real estate and savings with delayed earning provisions.
(4)
The AH administrator shall determine whether the applicant meets
the income and other requirements established in these regulations.
The review process for a prospective purchaser shall involve a credit
background report. To be an eligible applicant, the applicant shall
have an acceptable credit history such that there is a realistic possibility
that he will be approved for a mortgage.
(5)
Waiting list. The AH administrator may establish a waiting list
for the remaining eligible applicants that will be maintained in accordance
with the provisions of N.J.A.C. 5:80-26 et seq. After all the units
are occupied, the AH administrator may choose to accept new applications.
If an applicant is deemed eligible, the applicant shall be placed
on the waiting list at the bottom of the particular priority classification
for which the applicant qualifies. The AH administrator shall periodically
recertify the applicants on the waiting list to ensure that the list
remains current and that the applicants are still qualified for the
units to which they applied.
(6)
In referring certified households to specific affordable units,
to the extent feasible, and without causing an undue delay in occupying
the unit, the AH administrator shall strive to:
I.
Income eligibility standards.
(1)
Income limits for low- and moderate-income units for various
sized households shall be established by the AH administrator based
upon the regional income limits by household size for Ocean County
as adopted by COAH or approved by the New Jersey Superior Court. No
applicant with a household income in excess of these ceilings shall
be eligible to rent or purchase the low- and moderate-income units.
(2)
Upon annual adoption of updated regional income limits by COAH
or upon approval of updated regional income limits by the New Jersey
Superior Court, the AH administrator shall modify its income limits
accordingly.
(3)
For purposes of determining income and eligibility, the AH administrator
shall consider:
(a)
All sources of income, whether taxable or nontaxable, including
social security and pensions.
(b)
Imputed income. For the purpose of determining eligibility and
rents, interest on the present value of real property and extraordinary
personal property owned by the applicant shall be imputed and deemed
additional income. Interest shall be imputed at the average interest
rate on money market accounts in the region as determined by the AH
administrator.
(c)
The income and assets of all members of the household as well
as the income and assets of any individual who is expected to occupy
the unit for which the household is seeking to qualify shall be included
in the determination of eligibility and of rents. The form used for
verification of household income shall include an affidavit attesting
that the application contains the complete income of all current or
anticipated household members.
(4)
Buyer income eligibility for affordable ownership units shall
be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
(5)
The AH administrator shall certify a household as eligible for
an affordable ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's certified monthly income.
(6)
Prior to incurring any indebtedness to be secured by an affordable
ownership unit, the AH administrator shall determine in writing that
the proposed indebtedness complies with the provisions of this section.
(7)
With the exception of original purchase money mortgages, during
a control period neither an owner nor a lender shall at any time cause
or permit the total indebtedness secured by an affordable ownership
unit to exceed 95% of the maximum allowable resale price of that unit,
as such price is determined by the AH administrator in accordance
with N.J.A.C. 5:80-26.6(b).
(8)
The AH administrator shall certify a household as eligible for
an affordable rental unit when the household is a very-low-income,
low-income household or a moderate-income household, as applicable
to the unit, and the rent proposed for the unit does not exceed 35%
(40% for age-restricted units) of the household's eligible monthly
income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended
and supplemented; provided, however, that this limit may be exceeded
if one or more of the following circumstances exists:
(a)
The household currently pays more than 35% (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
(b)
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
(c)
The household is currently in substandard or overcrowded living
conditions;
(d)
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(e)
The household documents proposed third-party assistance from
an outside source such as a family member in a form acceptable to
the administrative agent and the owner of the unit.
J.
Sales prices.
(1)
The initial purchase price for an affordable ownership unit
shall be approved by the AH administrator. Sales prices shall be considered
affordable where the monthly carrying cost of the unit, including
principal and interest (based on a mortgage loan equal to 95% of the
purchase price and the Federal Reserve H.15 rate of interest), property
taxes (based on the restricted value of the low- and moderate-income
unit), homeowner and private mortgage insurance and condominium or
homeowner association fees will not exceed 28% of the eligible monthly
household income of the appropriate size household as determined under
N.J.A.C. 5:80-26.4. In making these calculations, the following considerations
shall govern:
(a)
Property taxes shall be determined by applying the equalized
property tax rate in Toms River Township currently in effect to the
proposed selling price of the unit;
(b)
The developer shall use the best available assumptions to determine
the insurance and homeowners' association fees to be applied to the
units, subject to the approval of the AH administrator as to reasonableness
only for use in this calculation. The method used to determine the
condominium association fee amounts and special assessments shall
be indistinguishable between the low- and moderate-income unit owners
and the market unit owners; and
(c)
Master deeds of inclusionary developments shall regulate condominium
or homeowners' associations fees or special assessments of low- and
moderate-income purchasers of 100% of those paid by market purchasers
consistent with the requirements of N.J.A.C. 5:80-26.6(e). Once established
with a master deed, the 100% will not be amended without prior approval
from COAH or the New Jersey Superior Court.
(2)
The price of owner-occupied low- and moderate-income units may
increase annually based on the percentage increase in the regional
median income limit for each housing region. In no event shall the
maximum resale price established by the administrative agent be lower
than the last recorded purchase price.
(3)
All resale transactions of affordable housing units shall be
administered by the AH administrator. The AH administrator shall approve
all resale prices, in writing and in advance of the resale.
(4)
Prior to the issuance of the initial certificate of occupancy
for an affordable ownership unit and upon each successive sale during
the period of restricted ownership, the AH administrator shall determine
the affordable price for the unit and shall also determine the nonrestricted,
fair market value of the unit based on either an appraisal or the
unit's equalized assessed value.
(5)
At the time of the first sale of the unit, the purchaser shall
execute and deliver to the AH administrator a recapture note obligating
the purchaser (as well as the purchaser's heirs, successors and assigns)
to repay, upon the first nonexempt sale after the unit's release from
the requirements of this article, an amount equal to the difference
between the unit's nonrestricted fair market value and its affordable
price, and the recapture note shall be secured by a recapture lien
evidenced by a duly recorded mortgage on the unit.
(6)
An affordable ownership unit shall be required to obtain a certificate
of reoccupancy or a certified statement from the Construction Official
stating that the unit meets all code standards upon the first transfer
of title that follows the expiration of the applicable minimum control
period provided under N.J.A.C. 5:80-26.5(a), as may be amended and
supplemented.
K.
Rental prices.
(1)
For rental units, developers and/or municipal sponsors shall
establish at least one rent for a low-income unit and at least one
for a moderate-income unit for each bedroom distribution.
(2)
Gross rent for rental units, including an allowance for tenant-paid
utilities, shall be established so as to not exceed 30% of the eligible
monthly income of the appropriate household size as per N.J.A.C. 5:80-26.4.
Tenant-paid utilities that are included in the utility allowance shall
be so stated in the lease and the tenant-paid utility allowance shall
be consistent with the utility allowance approved by DCA for its Section
8 program.
(3)
The maximum rents of low- and moderate-income units within each
affordable development shall be affordable to households earning no
more than 60% of median income. The average rent for restricted low-
and moderate-income units shall be affordable to households earning
no more than 52% of median income.
(4)
At least 13% of all low- and moderate-income rental units shall
be affordable to households earning no more than 30% of median income.
(5)
A written lease is required for all affordable rental units,
except for units in an assisted living residence, and tenants shall
be responsible for security deposits and the full amount of the rent
as stated on the lease. A copy of the current lease for each restricted
rental unit shall be provided to the AH administrator.
(6)
No additional fees or charges shall be added to the approved
rent (except, in the case of units in an assisted living residence,
to cover the customary charges for food and services) without the
express written approval of the AH administrator.
(7)
Application fees (including the charge for any credit check)
shall not exceed 5% of the monthly rent of the applicable affordable
unit.
L.
Exempt sales.
(1)
The following transactions shall be deemed non-sales for the
purpose of this article. The owner of the affordable unit shall be
entitled to a statement of exemption from the AH administrator upon
application.
(a)
Transfer of an affordable housing unit between husband and wife.
(b)
Transfer of ownership of an affordable housing unit between
former spouses as a result of a judicial decree, judgment or order
of divorce, but not including sales to third parties.
(c)
Transfer of ownership of an affordable housing unit between
family members as a result of inheritance.
(d)
Transfer of ownership of an affordable housing unit through
an order of the Superior Court.
(2)
A grant of exemption shall not eliminate the resale control
restriction set forth in these regulations.
M.
Rental increases. All rerental transactions shall be administered
by the AH administrator. The rents of affordable housing units may
increase annually based on the percentage increase in the Housing
Consumer Price Index for the United States. This increase shall not
exceed 9% in any one year. Rents for units constructed pursuant to
low-income housing tax credit regulations shall be indexed pursuant
to the regulations governing low-income housing tax credits.
N.
Exemption from rent control ordinances. All rental units, both market
and affordable, shall not be subject to any rent control ordinance
which may be adopted in the Township of Toms River during the time
period in which affordable housing price controls are effective.
O.
Duration of controls.
(1)
Control periods for affordable ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, and each affordable ownership unit shall
remain subject to the controls on affordability for a period of at
least 30 years.
(2)
Control periods for affordable rental units shall be in accordance
with N.J.A.C. 5:80-26.11, and each affordable rental unit shall remain
subject to the controls on affordability for a period of at least
30 years.
(3)
All units for owner-occupied rehabilitation subject to the Toms
River Township Housing Rehabilitation Program shall be subject to
affordability controls for a period of at least 10 years. Renter-occupied
rehabilitated housing units that are improved to code standards shall
be subject to affordability controls for at least 10 years.
(4)
The affordability control period for an affordable ownership
unit shall commence on the date the initial certified household takes
title to the unit.
(5)
The affordability controls set forth in this article shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
(6)
Deeds of all real property that include affordable rental units
shall contain deed restriction language. The deed restriction shall
have priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of the County of Ocean. A copy of the filed document shall be provided
to the AH administrator within 30 days of the receipt of a certificate
of occupancy.
(7)
An affordable rental unit shall remain subject to the affordability
controls of this article, despite the occurrence of any of the following
events:
(8)
All affordable dwelling units shall be covered by covenants
to ensure that in all initial sales and rentals, and in all subsequent
resales and rerentals, the units will continue to remain available
and affordable to the low- and moderate-income households for which
they were intended for the period specified in this subsection in
accordance with the requirements and standards established by COAH
and the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C.
5:80-26.1 et seq.
(a)
Expiration of controls. The Township reserves the right, in
its sole discretion, to extend affordability controls on any unit
which has affordable housing controls that are about to expire, in
accordance with UHAC regulations, including N.J.A.C. 5:80-26.1 et
seq., including Section 5:80-26.21 for the implementation of the 95/5
option.
P.
Second mortgages. No second mortgage shall be placed upon the property
without the prior written approval of the AH administrator. In determining
whether to grant an approval for the second mortgage, the AH administrator
shall consider the need for the second mortgage and the impact that
the second mortgage shall have upon the ability to maintain the unit
as a low- and moderate-income unit. Under no circumstances shall a
foreclosure of a second mortgage constitute grounds for eliminating
the resale controls provided for in this regulation. Prior written
approval shall be denied unless second mortgages are specifically
authorized by COAH regulations and the application is consistent with
those regulations.
Q.
Capital improvements. Property owners of single-family, owner-occupied
housing may apply to the AH administrator for permission to increase
the maximum sales price for eligible capital improvements in accordance
with N.J.A.C. 5:80-26.9. Eligible capital improvements shall be those
that render the unit suitable for a larger household or that add an
additional bathroom. In no event shall the maximum sales price of
an improved housing unit exceed the limits of affordability for the
larger household. Property owners shall apply to the AH administrator
if an increase in the maximum sales price is sought.
R.
Sale of personal items. Items of personal property which are not
permanently affixed to the unit (e.g., refrigerator, freezer, washer,
dryer) and which were not included when the affordable housing unit
was purchased may be the subject of separate negotiations between
the parties subsequent to the signing of the contract for the purchase
of the house. Any agreed price for the purchase of any item or items
of personal property shall be reasonable considering the original
cost, nature, age and condition of the item. The price to be paid
for items of personal property shall not be used as a mechanism to
avoid or circumvent the limitations on the resale price of unit itself.
In no event shall the right to purchase the unit be conditioned upon
the buyer's willingness to agree to purchase any item or items of
personal properties of the seller.
S.
Certificate of occupancy.
(1)
No certificate of occupancy for a low- or moderate-income unit
shall be issued until the developer shall have submitted and have
approved by the Township Attorney a deed restriction encompassing
all the provisions of these regulations.
(2)
No certificate of occupancy shall be issued for the resale of
a low- or moderate-income unit unless the AH administrator shall certify
that the resale complies with the terms of these regulations.
(3)
No low- and moderate-income unit may be occupied by an initial
purchaser or resale purchaser without a certificate of occupancy.
A.
Notwithstanding any provision of the Land Use and Development Regulations
Ordinance to the contrary, affordable accessory apartments shall be
permitted in the R-800, RR, R-400C and R-400 Zoning Districts. The
affordable accessory apartment shall be located within a detached,
owner-occupied single-family dwelling and on a lot that otherwise
conforms to the bulk requirements of the zoning district which it
is located.
B.
For the purpose of this section, the definition an "affordable accessory
apartment" shall be defined as a self-contained residential dwelling
unit with a kitchen, complete sanitary facilities, sleeping quarters
and a private entrance which is created to be occupied by a low- or
moderate-income household.
C.
Conditions.
(1)
All affordable accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes and are subject to all applicable provisions of § 348-11.3 exclusive of § 348-11.3E which requires specific bedroom distributions. The Township's accessory apartment program shall not restrict the number of bedrooms in any accessory apartment.
(2)
The affordable accessory apartment shall be rented only to a
household which is either a low- or moderate-income household at the
time of initial occupancy of the unit.
(3)
The affordable accessory apartment shall, for a period of at
least 10 years from the date of the issuance of a certificate of occupancy,
be rented only to low- or moderate-income households.
(4)
Rents of affordable accessory apartments shall be affordable
to low- or moderate-income households in accordance with the applicable
provisions as stated in N.J.A.C. 5:80-26.1 et seq.
(5)
The maximum number of affordable accessory apartments to be
developed in the Township under the provisions of this section shall
be 10.
(7)
The appropriate utility authority must certify that there is
water and sewer infrastructure with sufficient capacity to serve the
proposed accessory apartment. Where the proposed location is served
by an individual well and/or septic system, the additional capacity
necessitated by the new unit must meet the appropriate NJDEP standards.
(8)
Each affordable accessory apartment shall have living/sleeping
space, cooking facilities, a kitchen sink and complete sanitary facilities
for the exclusive use of its occupants. It shall consist of no less
than two rooms, one of which shall be a full bathroom.
(9)
The affordable accessory apartment shall have a separate door
with a private entrance.
(10)
There shall be a minimum of two on-site parking spaces provided
exclusively for the affordable accessory apartment. These spaces will
be in addition to the number of required spaces for the existing residential
dwelling unit.
(11)
No accessory apartment created as a result of this section or
these regulations shall exceed the gross floor area of the existing
principal dwelling on the lot.
(12)
The affordable accessory apartment program shall be affirmatively
marketed in accordance with the provisions of N.J.A.C. 5:80-26.15.
(13)
In the case of an affordable accessory apartment created illegally
or without proper permits which the property owner desires to legitimize
as an affordable accessory apartment under this section, all criteria
set forth in the section shall apply, except that no subsidy shall
be provided by the Township of Toms River.
D.
Administration of the affordable accessory apartment program. The
designated AH administrator of the Township of Toms River shall administer
the affordable accessory apartment program in accordance with the
following:
(1)
The AH administrator shall be responsible for all administrative
aspects of the affordable accessory apartment program, including advertising,
income qualifying prospective renters, setting rents and annual rental
increases, maintaining a waiting list, distributing the subsidy, securing
certificates of occupancy, qualifying properties, handling application
forms, filing deed restrictions, monitoring reports and affirmative
marketing.
(2)
The AH administrator shall only deny an application for an affordable
accessory apartment if the project is not in conformance with COAH's
requirements and/or provisions of this section. All denials shall
be in writing with the reasons clearly stated.
(3)
The Township of Toms River shall provide at least $25,000 per
unit to subsidize the creation of each low-income accessory apartment
or $20,000 per unit to subsidize the creation of each moderate-income
accessory apartment. Subsidy may be used to fund actual construction
costs and/or to provide compensation for reduced rental rates. Prior
to the grant of such subsidy, the property owner shall enter into
a written agreement with the Township of Toms River ensuring that
the subsidy shall be used to create the accessory apartment and the
apartment shall meet the requirements of this section and COAH regulations.
E.
Application procedures. Each application for the creation of an affordable
accessory apartment shall submit the following information to the
AH administrator:
(1)
A sketch of floor plan(s) showing the location, size and relationship
of both the affordable accessory apartment and the primary dwelling
within the building.
(2)
Rough elevations showing the modification of any exterior building
facade to which changes are proposed.
(3)
A site development sketch showing the location of the existing
dwelling and other existing buildings, all property lines, along with
the minimum building setback lines, the required parking spaces for
both dwelling units and any natural or man-made condition which might
affect construction.
A.
Piazza & Associates will be the agency under contract with the
Township of Toms River to administer the affordable housing units
as the administrative agent. Piazza & Associates shall perform
the duties and responsibilities of an administrative agent as are
set forth in UHAC, including those set forth in N.J.A.C. 5:80-26.14,
5:80-26.16 and 5:80-26.18 thereof. HAS maintains the responsibility
to advertise, income qualify low- and moderate-income households;
to place eligible households in low- and moderate-income units upon
initial occupancy; to continue to qualify households for reoccupancy
of units as they become vacant and to enforce the terms of the deed
restriction. The Township of Toms River and/or Piazza & Associates
will provide counseling services to low- and moderate-income applicants
on subjects such as budgeting, credit issues, mortgage qualifications,
rental lease requirements and landlord-tenant law. In addition, the
Township of Toms River shall designate that the AH administrator and/or
a full-time Municipal Housing Liaison (MHL) act as liaison between
COAH, the municipality and Piazza & Associates. The MHL will be
responsible for tracking the progress of affordable housing, fielding
inquiries regarding affordable housing from the public and COAH and
complying with COAH monitoring and reporting requirements as per N.J.A.C.
5:93-11.6 and 5:93-12.1.
B.
An operating manual shall be provided by the AH administrator to
be adopted by resolution of the governing body and subject to approval
of the Superior Court. The operating manual shall be available for
public inspection in the office of the Municipal Clerk and in the
office(s) of the AH administrator.
C.
The position of Municipal Housing Liaison (MHL) for the Township
of Toms River is established by this article. The Township of Toms
River shall designate a full-time or part-time employee of the Township
as the Municipal Housing Liaison between COAH, the municipality and
HAS. The Municipal Housing Liaison will be responsible for oversight
of the affordable housing program including tracking the progress
of affordable housing; fielding inquiries regarding affordable housing
from the public, interested households, the state, affordable housing
providers, and COAH; and complying with monitoring and reporting requirements.
The Municipal Housing Liaison must meet the requirements for qualifications,
including initial and periodic training.
D.
Developers/builders/sponsors of low- and moderate-income housing
units may be required by the Township of Toms River to assist in the
advertising of affordable units in their respective developments in
accordance with the preceding subsections. Such advertising must be
coordinated with Piazza & Associates and is subject to the approval
of the Township of Toms River.
E.
The Township of Toms River, in conjunction with Piazza & Associates,
may delegate other specific tasks to a developer/builder/sponsor (such
as interviewing applicants, prescreening households, etc.), provided
that copies of all applications, income verification documents, sales
records, etc., of the low- and moderate-income units are returned
to HAS for reporting purposes and to aid with future resales.
F.
Households who live or work in the housing region of Monmouth, Mercer
and Ocean Counties may be given preference for the affordable housing
units within the municipality. Applicants living outside the housing
region shall have an equal opportunity for units after intraregional
applicants have been processed.
G.
The administrative agent shall comply with monitoring and reporting
requirements as per N.J.S.A. 52:27D-313, 52:27D-329.1, and the settlement
agreement entered into and approved by the Superior Court of New Jersey,
Ocean County, on December 31, 2016, In the Matter of the Township
of Toms River for a Judgment of Compliance of Its Third Round Housing
Element and Fair Share Plan, Docket No. OCN-L-001867-15.
A.
The administrative agent shall develop and implement an affirmative
marketing program for affordable housing units that shall apply to
all developments that contain low- and moderate-income housing units,
including any currently unanticipated future developments that will
provide affordable housing, and shall also develop and implement affirmative
marketing programs for the accessory apartments program and the write-down/buy-down
program. The Township shall adopt by resolution an affirmative marketing
plan, subject to approval of the Superior Court, compliant with N.J.A.C.
5:80-26.15, as may be amended and supplemented.
B.
The affirmative marketing plan is a regional marketing strategy designed
to attract income-eligible households of all majority and minority
groups, regardless of race, creed, color, national origin, ancestry,
marital or familial status, gender, affectional or sexual orientation,
disability, age, or number of children to housing units, for the purpose
of buying or renting affordable housing units. The Township of Toms
River is in the housing region consisting of Monmouth, Mercer and
Ocean Counties. The affirmative marketing plan is also intended to
target those potentially eligible persons who are least likely to
apply for affordable units in this region. The affirmative marketing
plan is a continuing program and shall meet the following requirements:
(1)
All newspaper articles, announcements and request for applicants
for low- and moderate-income housing shall appear in the following
daily regional newspaper(s):
(a)
The Asbury Park Press and Ocean County Observer.
(2)
The initial advertising of affordable housing shall take the
form of at least one press release and one paid display advertisement
in the above newspaper(s). At a minimum, the paid display advertisement
shall include the following:
(a)
Street address of units.
(b)
Directions to housing units.
(c)
Number of bedrooms per unit.
(d)
Size of units.
(e)
Prices or rents of units.
(f)
Income range for qualifying households.
(g)
Location of applications.
(h)
Telephone number and office hours for obtaining information
and requesting applications.
(3)
Applications must be mailed to prospective applicants upon request.
(4)
Public service announcements shall be made through the use of
the following radio and/or cable television stations broadcasting
throughout the regions:
(a)
Cablevision of Monmouth, Comcast Cablevision and Adelphia Cable.
(5)
Announcements, request for applicants and newspaper articles
may be placed in the following neighborhood-oriented weekly newspapers,
religious publications and organizational newsletters within Monmouth,
Mercer and Ocean Counties as needed:
(a)
The Co-Star.
(6)
The following is the location of applications, brochure(s),
sign(s) and/or poster(s) used as part of the affirmative marketing
program, including specific employment centers within the region:
(7)
The following is a listing of community contact person(s) and/or
organization(s) in Monmouth, Mercer and Ocean Counties that will aid
in the affirmative marketing program with particular emphasis on contacts
that will reach out to groups that are least likely to apply for affordable
housing within the region:
(10)
The following is a description of the random selection method
that will be used to select occupants of low- and moderate-income
housing: From the list of qualified applicants, names will be drawn
randomly and the applicant contacted.
(11)
The affirmative marketing process for available affordable units
shall begin at least 120 days prior to the expected date of occupancy;
for new units it shall commence 120 days before the issuance of either
temporary or permanent certificates of occupancy. Affirmative marketing
shall continue until all low- and moderate-income housing units are
initially occupied. Affirmative marketing for existing units shall
continue on an as-needed basis for as long as affordable units are
deed restricted.
C.
In implementing the affirmative marketing plan, the AH administrator
shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
D.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner,
unless otherwise determined or agreed to by the Township.
Assistance provided for the rehabilitation of affordable units
shall incorporate controls on continuing affordability and resale/rerental
as set forth in the Rehabilitation Manual.
A.
Purpose.
(1)
In Holmdel Builder's Association v. Holmdel Township, 121 N.J.
550 (1990), the New Jersey Supreme Court determined that mandatory
development fees are authorized by the Fair Housing Act of 1985 (the
Act), N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject
to the Council on Affordable Housing's (COAH's) adoption of rules.
(2)
Pursuant to P.L. 2008, c. 46, § 8 (N.J.S.A. 52:27D-329.2),
and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1
through 40:55D-8.7), COAH is authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that are under the jurisdiction of
the Council or court of competent jurisdiction and have a COAH-approved
spending plan may retain fees collected from nonresidential development.
(3)
This section establishes standards for the collection, maintenance
and expenditure of development fees pursuant to COAH's regulations
and in accordance with P.L. 2008, c. 46, §§ 8 and 32
through 38. Fees collected pursuant to this section shall be used
for the sole purpose of providing low- and moderate-income housing.
This section shall be interpreted within the framework of COAH's rules
on development fees, codified at N.J.A.C. 5:93-8.
B.
Basic requirements.
(1)
This section shall not be effective until approved by the Superior
Court of New Jersey pursuant to N.J.A.C. 5:93-8.
(2)
The Township of Toms River shall not spend development fees
until the Superior Court of New Jersey has approved a plan for spending
such fees in conformance with N.J.A.C. 5:93-5.1(c).
C.
AFFORDABLE HOUSING DEVELOPMENT
COAH or THE COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this section, shall
have the following meanings:
A development included in the Housing Element and Fair Share
Plan and includes, but is not limited to, an inclusionary development,
a municipal construction project or a one-hundred-percent affordable
development.
The New Jersey Council on Affordable Housing, established
under the Act, which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
consideration in the state.
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.
Money paid by a developer for the improvement of property
as permitted in N.J.A.C. 5:93-8.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with §§ 1,
5 and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through 54:1-35c).
Those strategies that minimize the impact of development
on the environment and enhance the health, safety and well-being of
residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
D.
Mandatory residential development fee.
(1)
Residential development, except for residential development specifically addressed in Subsection D(2) below, shall pay a fee of 1.5% of the equalized assessed value (EAV) of the residential development; provided, however, in the event an increase in density has been approved pursuant to N.J.S.A. 40:55D-70d(5), or permitted pursuant to a rezoning subsequent to March 9, 2010, a fee of 6% of the equalized assessed value shall be paid for each dwelling unit over the number of units permitted as a matter of right or permitted prior to rezoning. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.
(2)
Exemptions from residential mandatory development fees. The
following types of residential development shall be exempt from the
requirement to pay a residential mandatory development fee:
(a)
Inclusionary affordable housing developments or one-hundred-percent
affordable housing developments.
(b)
Developments where the developer is providing for the construction
of the affordable units elsewhere in the Township.
(c)
Developments where the developer has made a payment in lieu
of on-site construction of affordable units.
(d)
On an existing lot, either vacant or improved, the expansion,
improvement, renovation, rehabilitation, reconstruction or replacement
of an existing detached single-family dwelling resulting in an increased
EAV of $50,000 or less, in any two-year period. For increases in EAV
of less than $50,000 but greater than $25,000, there shall be a flat-fee
payment of $300. For increases in EAV in excess of $50,000, the fee
shall be $300 plus 1.5% of the increase that exceeds $50,000.
(e)
The repair, reconstruction or replacement of owner-occupied residential structures damaged or destroyed by fire or natural disasters subject to § 348-11.9D(2)(d) herein.
(f)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
E.
Nonresidential development fees.
(1)
Imposed fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements for all new nonresidential construction on an
unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
2.5% of the increase in equalized assessed value resulting from any
additions to existing structures to be used for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvement and the equalized assessed
value of the newly improved structure, i.e., land and improvement,
at the time a final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
(2)
Eligible exactions, ineligible exactions and exemptions for
nonresidential development:
(a)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the development fee of 2.5%,
unless otherwise exempted below.
(b)
The fee of 2.5% shall not apply to an increase in equalized
assessed value resulting from alterations, change in use within existing
footprint, reconstruction, renovations and repairs.
(c)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c. 46,[1] as specified in the Form N-RDF, State of New Jersey Nonresidential
Development Certification/Exemption Form. Any exemption claimed by
a developer shall be substantiated by that developer.
[1]
Editor's Note: See N.J.S.A. 40:55D-8.1 through 40:55D-8.7.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L. 2008, c. 46, shall
be subject to it at such time the basis for the exemption no longer
applies and shall make the payment of the nonresidential development
fee, in that event, within three years after that event or after the
issuance of the final certificate of occupancy of the nonresidential
development, whichever is later.
(e)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the Township of Toms River as a lien against
the real property of the owner.
F.
Collection procedures.
(1)
Upon the granting of a preliminary, final or other applicable
approval for a development, the applicable approving authority shall
direct its staff to notify the Zoning Officer.
(2)
For nonresidential developments only, the developer shall also
be provided with a copy of Form N-RDF, State of New Jersey Nonresidential
Development Certification/Exemption, to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in Form N-RDF. The Tax Assessor shall
verify exemptions and prepare estimated and final assessments as per
the instructions provided in Form N-RDF.
(3)
The construction official responsible for the issuance of a
building permit shall notify the local tax assessor of the issuance
of the first building permit for a development which is subject to
a development fee.
(4)
Within 90 days of receipt of that notice, the Municipal Tax
Assessor, based on the plans filed, shall provide an estimate of the
equalized assessed value of the development.
(5)
The construction official responsible for the issuance of a
final certificate of occupancy notifies the local assessor of any
and all requests for the scheduling of a final inspection on property
which is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling of a
final inspection, the Municipal Assessor shall confirm or modify the
previously estimated equalized assessed value of the improvements
of the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
(7)
Should the Township of Toms River fail to determine or notify
the developer of the amount of the development fee within 10 business
days of the request for final inspection, the developer may estimate
the amount due and pay that estimated amount consistent with the dispute
process set forth in Subsection b of § 37 of P.L. 2008,
c. 46 (N.J.S.A. 40:55D-8.6).
(8)
Fifty percent of the development fee shall be collected by the
Zoning Officer at the time of issuance of the zoning permit. The remaining
portion shall be collected at the issuance of the certificate of occupancy.
The developer shall be responsible for paying the difference between
the fee calculated at the time of the issuance of the zoning permit
and that determined at issuance of the certificate of occupancy.
(9)
Appeal of development fees.
(a)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest-bearing escrow account by the Township of Toms River.
Appeals from a determination of the Board may be made to the Tax Court
in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(b)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest-bearing escrow account by the Township of
Toms River. Appeals from a determination of the Director may be made
to the Tax Court in accordance with the provisions of the State Tax
Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after
the date of such determination. Interest earned on amounts escrowed
shall be credited to the prevailing party.
G.
Affordable Housing Trust Fund.
(1)
Establishment of fund. There is hereby established in the Township
of Toms River an interest-bearing account known as the "Toms River
Township Affordable Housing Trust Fund," which shall have as its primary
purpose support of low- and moderate-income housing in the Township
of Toms River and the region in which it is included, in furtherance
of the mandates of the Constitution of the State of New Jersey. Trustees
of the fund shall be the Township Committee of the Township of Toms
River, and, in accordance with the provisions of N.J.A.C. 5:93-8.19,
the Superior Court of the State of New Jersey may, upon notice to
the Township Clerk, direct the disbursement of development fees.
(2)
The Township Committee, acting as trustees of the fund, shall
have the power to appoint a person or organization as Housing Officer
to administer the fund on its behalf and at its direction.
(3)
Development fees collected from residential and nonresidential
developers and proceeds from the sale of units with extinguished controls
shall be deposited in the Township of Toms River's Affordable Housing
Trust Fund maintained by the Chief Financial Officer.
(4)
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer-contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally operated units;
(d)
Repayments from affordable housing program loans;
(e)
Recapture funds;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the Township of
Toms River's affordable housing program.
(5)
All interest accrued in the housing trust fund shall only be
used on eligible affordable housing activities approved by COAH or
the Court.
(6)
The Township of Toms River shall provide COAH and/or the DCA
with written authorization, in the form of a three-party escrow agreement
between the Township, the bank, and COAH and/or DCA to permit COAH
and/or DCA to direct the disbursement of the funds as provided for
in N.J.A.C. 5:93-8.19.
H.
Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan
approved by COAH or the Court. Funds deposited in the housing trust
fund may be used for any activity approved by COAH or the Court to
address the Township of Toms River's fair share obligation and may
be set up as a grant or revolving loan program. Such activities include,
but are not limited to, preservation or purchase of housing for the
purpose of maintaining or implementing affordability controls, rehabilitation,
new construction of affordable housing units and related costs, accessory
apartment, market to affordable or regional housing partnership programs,
conversion of existing nonresidential buildings to create new affordable
units, green building strategies designed to be cost saving and in
accordance with accepted national or state standards, purchase of
land for affordable housing, improvement of land to be used for affordable
housing, extensions or improvements of roads and infrastructure to
affordable housing sites, financial assistance designed to increase
affordability, administration necessary for implementation of the
Housing Element and Fair Share Plan or any other activity as permitted
pursuant to N.J.A.C. 5:93-8.16 and specified in the approved spending
plan.
(2)
Funds shall not be expended to reimburse the Township of Toms
River for past housing activities.
(3)
At least 30% of all development fees collected and interest
earned shall be used to provide affordability assistance to low- and
moderate-income households in affordable units included in the municipal
Fair Share Plan. One-third of the affordability assistance portion
of development fees collected shall be used to provide affordability
assistance to those households earning 30% or less of median income
by region.
(a)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low-interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments and assistance with emergency repairs.
(b)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low- or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income.
(c)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
(4)
The Township of Toms River may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:93-8.16(d).
(5)
No more than 20% of all revenues collected from development
fees may be expended on administration, including, but not limited
to, salaries and benefits for municipal employees or consultant fees
necessary to develop or implement a new construction program, a Housing
Element and Fair Share Plan and/or an affirmative marketing program.
In the case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units and
compliance with COAH's or the Court's monitoring requirements. Legal
or other fees related to litigation opposing affordable housing sites
or objecting to the Council's regulations and/or action are not eligible
uses of the Affordable Housing Trust Fund.
I.
Monitoring. The Township of Toms River shall complete and return
to COAH and/or the Court all monitoring forms included in monitoring
requirements related to the collection of development fees from residential
and nonresidential developers, payments in lieu of constructing affordable
units on site, funds from the sale of units with extinguished controls,
barrier-free escrow funds, rental income, repayments from affordable
housing program loans and any other funds collected in connection
with the Township of Toms River's housing program, as well as to the
expenditure of revenues and implementation of the plan certified by
COAH or approved by the Court. All monitoring reports shall be completed
on forms designed by COAH and/or the Court.
J.
Ongoing collection of fees. The ability for the Township of Toms
River to impose, collect and expend development fees shall expire
with its substantive certification or judgment of compliance unless
the Township of Toms River has filed an adopted Housing Element and
Fair Share Plan with COAH, has petitioned for substantive certification
or the entry of a judgment of compliance from the Court, and has received
COAH's or the Court's approval of its development fee ordinance. If
the Township of Toms River fails to renew its ability to impose and
collect development fees prior to the expiration of substantive certification
or judgment of compliance, it may be subject to forfeiture of any
or all funds remaining within its municipal trust fund. Any funds
so forfeited shall be deposited into the New Jersey Affordable Housing
Trust Fund established pursuant to § 20 of P.L. 1985, c.
222 (N.J.S.A. 52:27D-320). The Township of Toms River shall not impose
a residential development fee on a development that receives preliminary
or final site plan approval after the expiration of its substantive
certification or judgment of compliance nor shall the Township of
Toms River retroactively impose a development fee on such a development.
The Township of Toms River shall not expend development fees after
the expiration of its substantive certification or judgment of compliance.
A.
Residential development. Pursuant to the applicable rules and regulations
of COAH, residential developments of six or more lots or units shall
be required to build the applicable number of affordable units (as
defined by COAH) on site. Any residential application in any zoning
district in the Township that involves the development of five or
more lots or units, that has not yet received preliminary major subdivision
or preliminary site plan approval, shall set aside 20% of for-sale
units or 15% for-rental units (rounded to the next higher number if
0.05 or greater) for affordable housing as defined by the applicable
standards set forth in applicable COAH regulations. For those residential
developments that were approved subsequent to the passage of the Township's
Mandatory Development Fee Ordinance, No. 3933-05, but prior to the
passage of the instant ordinance, those developments will remain subject
to the Mandatory Development Fee Ordinance.
B.
Nonresidential development. Any nonresidential development application
that has not yet received preliminary major subdivision or preliminary
site plan approval will be required to make a contribution in accordance
with the Mandatory Development Fee Ordinance, No. 3933-05, at the
rate as set forth therein.
C.
Division for low- and moderate-affordable housing. The affordable
housing units to be produced pursuant to these regulations shall be
allocated as follows: Where only one affordable housing unit is required,
that housing unit shall be available to a low-income individual or
household; where more than one affordable housing unit is required,
the total number of units shall be divided equally between low- and
moderate-income individuals or households; and where the total number
of affordable housing units required is an odd number, the last housing
unit shall be available to a low-income individual or household.
D.
Compliance with COAH rules and regulations. All affordable housing
units shall strictly comply with the policies and regulations established
by COAH, including but not limited to phasing, bedroom distribution,
controls on affordability, range of affordability, affirmative marketing
and income qualifications.
E.
Affordable housing compliance mechanisms.
(1)
All major subdivisions or site plan approvals involving six
or more lots or units of residential development must provide the
affordable housing units on site.
(2)
For major subdivision or site plan approvals involving five
or fewer lots or units of residential or involving nonresidential
development and further provided the applicant obtains advanced written
permission from the Toms River Township Council, the applicant may
choose to satisfy its affordable housing obligation through the following
mechanisms permitted in COAH's rules:
(a)
On-site housing production of affordable housing;
(b)
Off-site affordable housing production within the Township;
(c)
The purchase of an existing market rate home at another location
in the Township and its conversion to an affordable price-restricted
home in accordance with COAH criteria, regulations and policies; or
(d)
Contributing a payment in lieu of providing affordable housing
as set forth below:
[1]
Payments in lieu of the construction of affordable
housing shall be negotiated with the Township Council, but shall in
no case be less than $150,000 per unit unless the cost of the Township
independently developing an affordable housing unit within the Township
is less. Negotiated payments in lieu of construction of affordable
housing may exceed $150,000 but shall not exceed the cost of the Township
independently developing an affordable housing unit within the Township.
[2]
Regardless of the mechanism by which the applicant
has been approved to satisfy the required number of affordable housing
units, any development or portion thereof that generates a fraction
of an affordable housing unit as all or a portion of the obligation
shall be required to make a payment in lieu of construction for that
fraction of a unit. The payment shall be no greater than the fractional
prorated cost of constructing an affordable housing unit in the Township.
F.
Developers shall pay 50% of the calculated payment-in-lieu fee to
the Township of Toms River at the issuance of building permits. At
the issuance of each individual certificate of occupancy (if temporary),
25% of the per-unit required fee shall be paid. The balance of the
fee shall be paid at issuance of final certificate of occupancy for
each unit.
[Added 12-13-2005 by Ord. No. 3977-05[1]; amended 10-10-2006 by Ord. No. 4040-06; 9-23-2008 by Ord. No.
4156-08]
[1]
Editor's Note: Section 2 of this ordinance provided as follows: Chapter 471 of the Code of the Township of Toms River, New Jersey, entitled "Trees," shall be continued in full force and effect for all developments which were approved prior to the enactment of this ordinance. For all subsequent applications, the terms and provisions of this ordinance shall supersede and supplant said Chapter 471.
The Township of Toms River finds that there are increasing incidents
within the Township of the indiscriminate cutting and removal of trees.
These tree cutting activities have endangered the preservation and
maintenance of woodlands and wooded areas and the aesthetic, natural
resource and environmental benefits which flow from their conservation
and management. The Township Council finds that a continuation of
these practices will result in the degradation of the environment
of the Township generally, and increased problems of stormwater runoff,
particulate air pollution, soil instability and erosion on particular
lots upon which unplanned tree removal takes place and upon the lands
which adjoin them. It is the intention of this article to protect
the property, health and general welfare of the citizens of the Township
of Toms River by requiring the careful planning of any tree removal
project which falls within its purview while allowing for such tree
removal to take place in a managed and technically sound manner and
to reduce the number of specimen trees that are to be removed in the
development of lands.
This article may be cited as the "Toms River Township Woodlands
Management Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
The Township Planning Board or Township Zoning Board of Adjustment
pursuant to the jurisdictional criteria enunciated in N.J.S.A. 40:55D-1
et seq.
The statistically inferred structural attributes of a vegetative
group, as described by the mean trees per acre, mean DBH and height,
for each species of tree occurring in sampling and extrapolated to
a per-acre basis.
The cross-sectional area of tree trunk in square inches,
measured on living trees only and at 4.5 feet above uphill grade (i.e.,
at DBH). This is a measure that describes attributes of a single tree,
a group of trees, or all of the trees in an area.
The diameter measurement of a tree measured at 12 inches
above ground level.
A person who has completed the education and testing requirements
to be certified and recognized as such by the State of New Jersey
DEP, Division of Parks and Forestry - Board of Tree Experts.
The removal of all or substantially all standing trees on
a lot or portion of a lot.
All of the living branches, twigs and foliage of a tree after
the first bifurcation from the main trunk or trunks.
The diameter of a tree measured at a point on the tree 4.5
feet from the uphill ground level. This phrase may appear in this
article as the abbreviation "DBH" or "dbh."
The Township Engineer and/or Planning, Zoning or other presiding
board engineers.
Permission to depart from the requirements of this article.
A formal forest and natural resource management plan that
meets the requirements of such plans as described by the State of
New Jersey DEP, Division of Parks and Forestry - Forest Service.
A lot existing at the time of the adoption of this article
upon which a single-family residence has been or is to be constructed.
Generally, any tree with a DBH of 16 inches or greater, or
other individual tree of unique scientific, historic, cultural or
ecological value. Exceptions will be made based on species, health
or conditions as determined by the Township Forester. A landmark tree
is an historic resource, and must be designated as such and placed
on a list by the Township Forester and Landmark Tree Committee.
A committee formed by and part of the Township of Toms River
Environmental Commission.
A person certified by the State of New Jersey in the field
of landscape architecture.
Any individual, firm, company, copartnership, association,
corporation or developer other than the Township, the County of Ocean
and the State of New Jersey.
A nursery-grown tree, either balled and burlapped or containerized,
and marked with a durable label indicating genus, species and variety
having a minimum caliper of 2 1/2 inches for nonconiferous trees
and a minimum height of eight feet for conifers. Every replacement
tree shall, at a minimum, comply with ANSI Standard Z60.1-1996, "American
Standard for Nursery Stock" et seq.
The removal of certain, often larger, trees on an individual
basis while leaving other trees, possibly of lesser size, for future
silvicultural harvest.
The scientifically based management of any forested tract
of land, to insure its continued persistence, productivity and health
whether for commercial or noncommercial purposes, pursuant to a current
forest stewardship plan approved by the State of New Jersey DEP, Division
of Parks and Forestry - Forest Service.
The debris, derived from the aboveground portions of trees,
that remains on site after a tree or timber removal operation.
The duly appointed Township Engineer for the Township of
Toms River or his designee.
An employee, or other designee or agent, of the Township
of Toms River who is an individual who is currently classified both
as an approved consulting forester and a certified tree expert (CTE)
by the State of New Jersey DEP, Division of Parks and Forestry - Forest
Service.
Any woody species which reaches a typical mature height of
25 feet and a typical mature DBH of four inches or greater.
The written plan required and described in § 348-12.8 of this article, and containing the proposed methods and procedures to be employed in conjunction with a tree preservation, removal or replacement project.
A fence as described in § 348-12.6F(6) of this article installed for the primary purpose of delineating the tree protection zone of a tree to be retained during a disturbance event.
An area at the base of the tree, and usually predicated on
tree size, that will be delineated by a tree protection fence and
held inviolate during planned disturbances including but not limited
to construction, excavation, compaction, etc.
A permit to remove trees issued by the Township Engineer
after review and approval of an application for removal and replacement
of trees in accordance with the provisions of this article. Tree removal
permits shall be issued only after approval of a tree management plan.
A plant community that, based on species abundances and physical
characteristics, is dissimilar from adjacent plant communities.
The following shall be exempt from the requirements of this
article:
A.
Commercial nurseries, fruit orchards and farms.
B.
Christmas tree plantings and farms.
C.
Properties devoted to the practice of silviculture under a current
forest stewardship plan as approved by the New Jersey DEP, Division
of Parks and Forestry - Forest Service.
D.
Removal by homeowner of verifiably dead, dying or diseased trees;
trees severely storm-damaged; any tree or trees whose growth habit
or architecture make them obviously at risk or pruning of trees by
homeowner that do not affect the viability of the tree.
E.
Pruning and removal of trees by utility companies to provide for
utility line clearance of electrical conductors in accord with relevant
easements.
F.
Approved game management practice and habitat programs as recommended
and approved by the State of New Jersey DEP, New Jersey Division of
Fish and Wildlife, Fish and Game Council or similar agency.
G.
Control of noxious weeds, invasive species, pest-infested trees and
other threats to the well-being of the Toms River Township environment
and community forest.
H.
Individual trees representing immediate and unacceptable risk to
safety of persons or property as determined by the Township Forester.
I.
Trees removed in connection with the construction of a pool, fence,
deck, patio, shed or other similar accessory structures used in connection
with a single-family residential dwelling and for which all necessary
construction permits have been duly issued by the Township of Toms
River.
J.
The removal of any tree with a DBH of four inches or less on a lot
containing an existing single-family or two-family residential dwelling.
K.
The removal of any trees related to any development undertaken on
property owned by the Township of Toms River, the County of Ocean
and/or the State of New Jersey.
Where trees are to be removed or destroyed in connection with
the construction of a single-family or two-family residential dwelling
or in connection with the continued use of an existing single-family
or two-family residential dwelling, the submission of a tree management
plan shall not be required provided that the developer or owner complies
with the following standards:
A.
The applicant shall apply for a tree removal permit. Said application
shall provide the following information:
(1)
Street address of property with tax block and lot identified;
(2)
Names of all owners of property, together with address and telephone
numbers;
(3)
Total acreage of the tract;
(4)
A list identifying the number of trees with a DBH greater than
four inches to be removed;
(5)
A survey of the subject property annotated by the developer
to show the limits of clearing or the location of the trees to be
removed;
(6)
Payment of an application fee in accordance with § 348-12.14A.
B.
The proposed development does not require major subdivision, minor
subdivision, minor site plan, major site plan or conditional use permit
approval.
C.
The tree removal permit shall be reviewed by the Township Forester
and shall be approved provided that the developer complies with the
following standards:
(1)
For unimproved homestead lots, after issuance of a tree removal
permit, a minimum of 25% of the existing tree basal areas shall be
preserved on the parcel for the first acre or portion thereof; and
a minimum of 50% of the existing tree basal area shall be preserved
on the parcel for that portion of the lot in excess of one acre. On
homestead lots of three acres or more, the applicant may clear an
area up to 1/2 acre for the proposed home site while preserving the
existing tree basal area in accordance with the standards set forth
herein.
(2)
The tree(s) to be removed or destroyed is (are) not located
within a threatened or endangered species habitat area, conservation
area, environmentally sensitive area, wetland area or buffer area
designated by state, county, or Township easement, regulation, ordinance
or law.
(3)
The tree(s) to be removed or destroyed is (are) not located
within a conservation area or buffer area as delineated and/or specified
on a previously approved site plan or subdivision plan for the property
in question.
(4)
The tree(s) to be removed or destroyed was (were) not required
to be planted by a previously approved application and/or landscape
plan to provide screening or buffering for a building or structure
located on the property in question or on an adjacent parcel of land.
(5)
Proposed alteration of tree population associated with the application,
or reasonably expected to occur associated with said application,
shall not cause an excessive increase of surface water runoff, soil
instability and/or erosion.
(6)
Proposed alteration of tree population associated with the application,
or reasonably expected to occur associated with said application,
shall not result in damage to or removal or constructive removal of
any landmark tree.
A.
Damage from electrical wires. Any person, firm or corporation having
control over any wire for transmission of electrical current along
a public highway shall at all times guard all trees through which
or near which such wires pass against any injury from wires or from
electrical current carried by them.
B.
Protection from injurious chemicals. Except in matters involving
the maintenance and enhancement of public safety, including but not
limited to deicing of roads and walks, no person, firm or corporation
shall permit any injurious chemical to come into contact with the
aboveground or below-ground portions of any tree or shrub upon a public
highway, street or road or upon Township property.
C.
Permission required for certain acts. No person shall do or cause
to be done upon trees in any Township right-of-way, Township open
space, public street, road or highway within the Township, without
first obtaining written permission from the Director of Public Works
or Township Engineer, any of the following acts:
(1)
Cut, trim, break, climb with spikes, disturb the roots or otherwise
intentionally injure, misuse or spray with harmful chemicals or remove
any living tree two inches or more DBH, or remove any device installed
to support or protect such trees;
(2)
Fasten any rope, wire, electrical equipment, sign or other device
to a tree or any guard about such a tree or shrub;
(3)
Close or obstruct any previously unobstructed space provided
at the base of a tree which may be necessary to permit the access
of air, water or fertilizer to the roots of such tree.
D.
Trees in public highways. No trees are permitted to be planted in
a Township, county, or state right-of-way unless approved by the Toms
River Township Planning Board or Board of Adjustment in connection
with a land development application. Where a person desires to control
the growth of existing trees on a public highway, street or road or
right-of-way by removing them or pruning the trees, then the person
shall contact the Township Director of Public Works and request the
work to be performed.
F.
Tree preservation standards. Because disturbance of tree root zones
often leads to direct and indirect damage to residual trees, the purpose
of this section is to establish the rationale and criteria for protection
of existing trees during site disturbance events including, but not
limited to, construction activities.
(1)
The tree protection zone (TPZ) is defined conceptually as a
minimum no-disturbance zone immediately beneath and generally centered
about the tree trunk where such trunk emerges from the natural, originating
grade.
(2)
Tree protection zones (TPZs) shall generally be determined via
the following formula: For every inch of tree diameter recorded as
DBH, one foot of radius about the base of the tree at the soil line,
away from the trunk, shall be added to the circular TPZ. Thus, a twelve-inch
DBH tree would be at the center of a circular TPZ nominally 24 feet
in diameter.
(3)
Where required, minimum diameter of a TPZ shall be 16 feet for
trees eight inches in DBH and smaller.
(4)
Departures from this formula are occasionally expected due to
oddly distributed root systems, conflicts with required infrastructure
and grading, and highly unusual operational limitations. In these
events, the actual location of the TPZ for a given tree shall be determined
by collaboration between the applicant and the Township Engineer and
shall be subject to final approval by the Township.
(5)
No soil shall be deposited into or removed from within the TPZ,
nor shall machinery or materials be stored, heaped, off-loaded, deposited,
cleaned or operated there, unless a waiver for said activity is granted
by the approving Board.
(6)
Tree protection zones shall be clearly delineated and protected
by a tree protection fence comprised of snow fencing, orange plastic
construction fence or functional equivalent. Such fence shall have
a minimum height of four feet, and be installed and inspected prior
to issuance of permits and commencement of any site disturbance.
(7)
The soil grade just beyond the TPZ shall not be raised or lowered
more than six inches unless compensated for by tree-welling, aeration,
tiling, shoring or retainer methods, or other current approved best
practices in the realms of arboriculture and tree preservation. In
no event shall the welling, shoring or retaining wall structures be
less than eight feet from the trunk of the tree.
(8)
Associated with construction operations, all slash and debris
created during tree removal and replacement shall be removed from
the lot for disposal within 60 days of initial creation of any such
slash and debris on an approved project, or before any certificate
of occupancy shall be issued, whichever is sooner.
(9)
Associated with construction operations or repair of any building or structure, or in the construction or repair of a street, road and highway not yet dedicated to the Township, and any project subject to Township inspection, the owner thereof or the contractor shall take every precaution to place guards at the tree protection zones of nearby trees on Township land or within public right-of-ways so as to effectively prevent injury to such trees. The owner and/or contractor shall each be responsible for the placement of such tree protection fences, and observance of their significance as described throughout § 348-12.6.
(10)
Failure to make adequate provision for the protection of trees
as described in this article shall subject the owner and builder to
a penalty as hereinafter provided.
G.
Right-of-way utility vegetation management, pruning, installation
and removal. Within utility rights-of-way, planting, pruning and other
arboricultural and forestry techniques shall adhere to all relevant
industry standards and best practices including, but not limited to,
ANSI Z133 et seq., ANSI A300 et seq. and other standards as developed
by professional societies such as the Ocean County Shade Tree Commission,
the New Jersey Society of Tree Experts, the Tree Care Industry Association
and the International Society of Arboriculture.
H.
Shade and park trees. It shall be unlawful for any person or firm
to engage in the business or occupation of pruning, treating or removing
shade or park trees within the Township without receiving the written
permission of the Division Manager of Parks, Buildings, Grounds, or
Division Manager of Code Enforcement, or designee. Before any permission
is given, each applicant shall first file evidence of possession of
liability insurance in the minimum amount of $1,000,000 for bodily
injury and $100,000 for property damage, indemnifying the Township
or any person injured or damaged resulting from the pursuit of such
endeavors as herein described.
[Amended 1-24-2017 by Ord. No. 4524-17; 3-10-2020 by Ord. No. 4661-20]
A.
For properties relating to preliminary/final major subdivision, minor
subdivision preliminary/final major site plan, and/or conditional
use permit approval.
(1)
Where trees are to be removed, destroyed or impacted in connection with a proposed development requiring preliminary/final major subdivision approval, minor subdivision approval, preliminary/final major site plan approval, minor site plan approval, and/or conditional use permit approval from either the Toms River Township Planning Board or Zoning Board of Adjustment, the applicant shall submit a tree management plan (TMP) in conformance with § 348-12.8 of this article. No application for such developments shall be deemed complete until said TMP has been reviewed by the Township Forester and determined to be in compliance with the submission requirements of § 348-12.8 of this article. In the event that the Township Forester finds the proposed TMP not to be in compliance with § 348-12.8 of this article, the application shall be certified to be incomplete by the Administrative Officer of the reviewing Planning Board or Board of Adjustment and notice of the same shall be provided to the applicant.
(2)
At the time of the submission of an application for development, any applicant may seek a waiver from the requirements of § 348-12.8 or any portion thereof. Said waiver shall be requested in writing setting forth the reasons why the waiver or partial waiver shall be granted. The waiver request shall be granted, partially granted or denied by the Planning Board or Board of Adjustment within the time period required by N.J.S.A. 40:55D-10.3.
(3)
Upon an application being deemed complete and prior to final
board action on said application, the Township Forester shall prepare
a written report on the applicant's TMP for review and action by the
reviewing board.
(4)
All costs and fees charged by the Township Forester or professionals
of the Planning Board or Board of Adjustment relating to the review
of the applicant's TMP or waiver request shall be paid from the developer's
escrow account in accordance with N.J.S.A. 40:55D-53.2.
A.
Tree removal permit for tree management plans approved by land use
boards.
(1)
A tree removal permit shall be required prior to the removal of any tree, and said permit shall be in accordance with the tree management plan approved by the approving board. The application for such permit must be presented to the Township Engineer. A copy of the signed resolution of approval and a copy of the fully executed site plan or subdivision, indicating all conditions of approval have been met, shall be submitted to the Township Engineer before the tree removal permit shall be issued. In addition, the applicant shall submit an individual plot plan in accordance with the requirements of § 348-3.7 to confirm that the clearing of the new lot is in conformance with the tree management plan as approved by the reviewing land use board.
(a)
The tree removal permit issued by the Township Engineer shall
be valid so long as the approving board's project approval is valid.
The removal of, or damage to, trees not approved for such damage or
removal shall be considered a violation of this article.
(b)
Any substantial deviation from the practices described in the
approved tree management plan shall necessitate the submission of
a revised plan to the approving board for review.
(c)
The tree removal permit issued by the Township Engineer shall
be displayed or be available for inspection at the site where tree
removal and replacement is to take place. Failure to display or make
available the tree removal permit at the site of removal shall be
a violation of this article. Any person may examine the application
for tree removal permit on file with the Township Engineer upon request
made in writing or in person to that office. Copies of the application
submission shall be made available in accordance with law.
(2)
Prior to the issuance of a building permit, the developer shall comply with § 348-12.6F of this article entitled "Tree preservation standards."
(3)
Prior to the issuance of the certificate of occupancy, the Construction
Code Official shall receive a release from the Township Engineer that
the terms of the tree removal permit and/or the tree management plan
have been fulfilled in good faith by the applicant.
(4)
No trees may be removed except in accordance with an approved
tree management plan.
B.
Tree management plans. As described, the tree management plan (TMP)
shall be a conceptual and operational document guiding and establishing
measurable criteria for tree and forest cover preservation. This plan
must be prepared by the applicant's professional CTE or landscape
architect. Applicants are encouraged to meet on site with the Township
Forester to discuss tree management plans prior to plan preparation
and submission.
C.
The tree management plan shall provide the following minimum information:
(1)
A map having a scale of one inch equals 50 feet or less showing
the location of existing wooded areas;
(2)
Locations of slopes greater than 10% where any tree removal
is proposed;
(3)
Location of streams, watercourses, and riparian zones on or
abutting the tract or parcel;
[Amended 12-12-2017 by Ord. No. 4562-17]
(4)
Total acreage of the tract or parcel;
(5)
Locations on the tract or parcel where tree removal is to take
place;
(7)
From each plot inventoried to determine, and from the aggregate
of all sample plot data, the average wooded acre indicating the mean
trees per acre, DBH and height for each species occurring in sampling;
(8)
For tracts greater than one acre, the applicant may estimate
of the total quantity of trees as described in the preceding subsection.
For tracts where less than one acre is proposed to be cleared, the
number, size, and condition for each tree to be removed shall be based
on actual count;
(9)
All trees with a DBH of 16 inches or greater and any other landmark
tree occurring in the disturbance zone shall be specifically identified
by location on the map and listed on a separate schedule showing species,
DBH, height and condition. All efforts shall be made to preserve such
trees, including, if necessary, relocation of infrastructure, roadways,
and buildings;
(10)
For projects involving the permitted removal of trees, provisions for replacement of trees shall be made in accordance with § 348-12.9 and incorporated into the tree management plan, as required;
(11)
The location of existing and proposed structures and improvements,
if any;
(12)
Twelve copies of said tree management plan, or a different number
of copies as may be required by the approving board, shall be submitted
to the approving board in accordance with this article.
D.
The average wooded acre shall be determined as follows:
(1)
A partial, statistical inventory of all trees having DBH of
four inches or greater shall be conducted using fixed-radius sample
plots. A minimum sampling intensity of 10% (one-tenth acre sample
plot for each acre being assessed) shall be required. Height, DBH,
species and condition of all trees occurring in the sample plots shall
be recorded. All statistical sample plot centers shall be staked or
otherwise visibly marked in the field to allow for Township inspection.
No trees or plot centers need to be surveyed for this task;
(2)
Because of the very limited scope of sampling under these provisions,
locations of sample plot centers shall be determined by collaboration
between the applicant and the Township Forester. A grid overlay of
the wooded areas and proposed sample plot locations, drawn to the
same scale as the site plan, shall be submitted with the application
materials;
(3)
The location of the wooded acreage shall be located on a plan,
along with sample plot centers and district boundary lines of the
various vegetative groups, to provide a more accurate estimate of
proposed tree removals that shall be directly related to the required
tree replacement estimate.
(4)
Interpretation of sample data, and inference to required tree
replacement estimates via the average wooded acre, shall be in accord
with forestry statistical methods currently accepted by the State
of New Jersey DEP, Division of Parks and Forestry - Forest Service,
for determining mean trees per acre, mean DBH and basal area and heights
for each species occurring in sampling.
[Amended 12-14-2021 by Ord. No. 4720-21]
A.
For all replacement requirements, the following formulas shall apply:
(1)
For trees equal to or greater than four-inch DBH and under eight-inch
DBH:
|
Percentage of Trees Removed from Entire Development
|
Percentage of Trees to Be Replaced with Trees of Minimum Size
Two-and-One-Half-Inch Caliper
|
|---|---|
|
80 to 100
|
80
|
|
60 to 79
|
60
|
|
40 to 59
|
40
|
|
20 to 39
|
20
|
|
10 to 19
|
10
|
|
9 or less
|
Equal to the amount of trees removed
|
(2)
For trees with a DBH equal to or greater than eight inches and
less than 16 inches, replacement shall be two trees for each tree
removed. The tree replacement size shall be a minimum size of two-and-one-half-inch
caliper.
(3)
For trees with a DBH equal to or greater than 16 inches, each
removed tree shall be replaced with the size and the amount of trees
set forth below:
|
Existing Tree to Be Removed
(inches in caliper)
|
Number of Replacement Trees
(minimum size two-and-one-half-inch caliper)
|
|---|---|
|
Less than 18
|
4
|
|
Less than 21
|
5
|
|
Less than 24
|
6
|
|
Less than 27
|
7
|
|
Less than 31
|
8
|
|
Less than 37
|
9
|
|
Less than 41
|
10
|
|
41 or greater
|
11
|
B.
The maximum number of replacement trees required to be installed
per the formulas above shall be at the discretion of the Township
Forester and at no time shall exceed 200 trees per cleared acre. This
requirement shall not constrain or modify penalties duly levied under
this article.
C.
Tree replacement criteria for approved tree management plans: average wooded acre. In cases where trees must be replaced, and the number and size of trees to be replaced are calculated from sampling data instead of actual census, the replacement criteria in § 348-12.9A shall be applied to the estimated mean stand diameter and trees per acre inferred from such sample data, at the discretion of the Township Engineer.
D.
Appropriate species. The species of replacement tree(s) and the mix
of replacement tree types (deciduous, evergreen, etc.) shall be selected
to reasonably approximate a native tree population on the site, predisturbance.
In all cases preference shall be given to tree management plans that
emphasize the use of species historically native to the area and control
of noxious, invasive or poorly adapted ones. All replacement trees
shall be installed and then warranted by the applicant for a period
of 24 months after final disposition of the project and TMP by the
Township. To assist applicants in the planning process, a revised
list of preferred trees for use in the Township, stressing native
species that generally require less water and care, is set forth below.[1] All trees shall be ANSI Z60 compliant and installed according
to the following minimum criteria:
(1)
In general, excavation for planting shall be at least one foot
wider than the ball of earth supplied with the tree. The planting
backfill shall be unamended endemic soil in all but the most unusual
cases, at the direction of the Township Forester. A four-inch rim
or saucer around the edge of the pit shall be created to collect water.
Trees shall be adequately watered at the time of planting and mulched
with three inches of approved mulch immediately after planting. Mulch
shall not touch the base of the tree.
(2)
At the discretion of the Township Forester, trees shall be staked
and guyed immediately after planting. Stakes shall be of cedar or
oak, six feet long and no less than two inches in diameter. Stakes
shall be located in undisturbed soil outside of the planting pit.
Trees shall be guyed to the stakes using current best practices. Tree
wraps shall be removed after planting, as shall synthetic twines,
ropes, tags, wires, labels, pots and wire baskets.
[1]
Editor's Note: Said list is included as an attachment to this chapter.
E.
For lots less than 10% wooded. On parcels to be developed where less
than 10% of the site is wooded, in addition to any trees that must
be replaced or provided under this article, there shall be required
the addition of one two-and-one-half-inch (minimum) caliper tree for
every 1,000 square feet of impervious coverage. Street shade trees
required for right-of-way may not be credited toward this requirement.
F.
Credit for replacement trees. Except where specifically prohibited, any trees required by a landscaping plan shall be credited toward the number of replacement trees. However, no credit shall be granted for street shade trees, short-lived exotic ornamentals, shrubs, forest seedlings and natural regeneration. Street shade trees proposed in excess of the minimum requirement based on spacing requirements in § 348-8.4D shall be credited toward the number of replacement trees.
G.
On-site replacement trees. All replacement trees required under a
tree removal permit or approved tree management plan shall be planted
on the site from which trees were removed. A waiver from any portion
or all of the required on-site replacement requirements may be granted
only by the approving board, based upon verified operational impediments
related to conditions of the site for which the permit was sought.
The comments and recommendations of the Board Engineer in consultation
with the Township Forester shall be solicited in determining whether
the requested waiver is warranted. In addition, there shall be no
deviation from or modification to an approved tree management plan
except as approved by the approving board.
H.
Off-site replacement trees. Based on a waiver granted under the terms of Subsection G above, in lieu of replanting trees on the removal site, with the approval of the approving board, the applicant may have the option of planting replacement trees of type(s) selected by the Township Forester from the approved list of trees set forth in § 348-12.9C at an off-site location chosen by the Township Council in consultation with the Township Forester. Such off-site location(s) shall be restricted to Township-owned public property or conservation easements including, but not limited to, public parks and grounds of public buildings.
I.
Township Tree/General Improvement Fund. In the alternative, should the quantity of trees to be removed be greater than the tree replacement/landscaping plan due to limited available planting area, the applicant may make a contribution to be deposited in the Township Tree/General Improvement Fund. The contribution in lieu of planting of trees shall be $300 per tree, but shall not exceed $15,000 per cleared acre. Where the maximum dollar contribution is made, the amount of the contribution shall be reduced by $300 for every shade tree of 2.5 inch caliper or greater planted on the site, including street/shade trees planted in excess of the minimum required street/shade trees under § 348-8.4D.
All slash generated by the falling, trimming or pruning of individual
trees shall not be left on the ground of the lot(s) and shall be removed
immediately.
A.
One of the purposes of this article is to reduce the extent of clear cutting permitted on a lot or lots proposed to be developed. Accordingly, the tree management plans to be submitted by developers shall, to the greatest practicable extent, reduce the areas within a proposed development that are to be clear cut and preserve the largest number of specimen trees on site by the use of innovative planning and engineering techniques. Care should be taken by the developer and the reviewing land use board and its professionals to, respectively, prepare and approve grading and elevation plans which result in the preservation of the largest number of specimen trees on site and to reduce the limit of clear cutting to the greatest practicable extent. The clearing and grading plans prepared in accordance with § 348-8.7 shall conform with the project's companion tree management plan and shall be prepared to further the purposes of this section.
B.
There shall be no clear cutting of trees within any development subject
to this article unless approved by the reviewing land use board as
shown on an approved tree management plan.
Notwithstanding any exemption to the replacement requirements
of this article, an application for the harvest of timber as part
of a silviculture program shall be based upon, and in accordance with,
the standards and recommendations of the New Jersey DEP, Division
of Parks and Forestry - Forest Service. Only a copy of the New Jersey
Department of Environmental Protection approved New Jersey forest
stewardship plan may be submitted to the Township Engineer and/or
Tax Assessor as documentation of this sort of forest management. Timber
harvest plans approved by New Jersey DEP, Division of Parks and Forestry
- Forest Service, or any other entity including, but not limited to,
the Township of Toms River, shall not be deemed as proof of engagement
in silviculture.
A.
Interference with lawful work. No person, firm or corporation shall
prevent, delay or interfere with lawful work undertaken hereunder
by the Director of Public Works, Township Forester or other employees
of the Township.
B.
Removal of trees authorized. The Township of Toms River, its employees,
agents and/or contractors, shall have the power to do the following:
(1)
Remove any tree or part thereof dangerous to public safety at
the request and expense of the owner of such tree, only if it impacts
Township roadways or Township-owned real estate, properties, or trees.
(2)
In the case of public safety affecting public rights-of-ways
or flow of vehicular traffic, the Director of Public Works, in consultation
with the Township Forester and the Township Engineer, shall have the
power to notify the owner of any real estate property to remove or
prune the trees on private property. If, after notification, the owner
fails to remove or prune such trees, the Director of Public Works
shall have the power to remove the trees and charge the actual cost
thereof to such owner. The Director of Public Works shall also have
the power to contract with the owner of any real estate in the municipality
for the purpose of removing trees in accordance with this section
and to charge the actual cost to the Township thereof to such owner.
If the payment is not made on demand, the Director of Public Works
may certify the actual cost thereof to the collector of taxes, whereupon
the sum so certified shall be collected by the collector as other
taxes or real property are collected in the Township.
[Amended 12-8-2009 by Ord. No. 4228-09]
For the planting, removal and/or the replacement of trees in
conjunction with an application for development of property as a subdivision
or site plan, zoning permit or in any other form of development where
approval of an approving board will be required, the applicant shall
post a performance guarantee with inspection fees in accordance with
the New Jersey Municipal Land Use Law[1] and Township ordinances.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Each tree damaged, removed or destroyed in violation of this article
shall be deemed to be a separate and distinct violation.
(1)
Any person who is convicted of any violation of this article
relating to activities on an existing and improved single-family or
two-family residential lot shall be liable for a penalty of not more
than $100 for a first offense and a penalty of not more than $500
for each subsequent offense. For all other violations, any person
who is convicted of a first offense of violating any of the provisions
of this article shall be liable for a penalty of not more than $1,000
per violation or a term of community service for no more than 30 days,
or both, at the discretion of the court having jurisdiction over this
matter. Subsequent offenses, other than the first, shall incur a penalty
of $1,250 and a term of community service no more than 90 days or
no more than 90 days' imprisonment, at the discretion of the court
having jurisdiction over this matter.
B.
In addition, the Township may institute and maintain a civil suit
in chancery for injunctive relief to enforce the provisions of this
article.
C.
The Township may also require the replacement of illegally removed
trees with trees of similar species and sizes.
D.
The issuance of a stop-work order and a summons by the Township Engineer
may be issued for inappropriate or illegal tree removal activities
upon recommendation of the Township or other Township official or
designee.
E.
If the Township requires a tree management plan for the illegally
removed trees, the applicant shall post a cash guarantee covering
115% of the cost of the tree replacement plan, including labor at
the time of issuance of the tree removal permit. The guarantee shall
be held for 24 months after the cessation of construction or land
disturbance on the site. If any of the trees require replacement,
the applicant must replace said trees. If the applicant fails to replace
the trees, the guarantee funds shall be used to replace trees which
die or are damaged during this two-year growing season period. Any
unused guarantee funds shall be returned to the applicant at the end
of the two-year period. The cash guarantee estimate shall be prepared
by the Township Engineer and/or Township Forester.
The Township Council through the Township Engineer of the Township
may revoke a permit where there has been a false or misleading application
or there is a noncompliance with the approved tree management plan.
[Added 12-22-2009 by Ord. No. 4236-09]
A.
Whenever
any application for a permit is denied, the applicant may appeal the
denial to the Division of Law by filing a written notice of appeal
within 10 days after receiving written notice of the denial of a permit
to remove or destroy trees or shrubs. The Township Attorney or Assistant
Attorney shall hold a public hearing on the matter, in accordance
with rules of procedure to be established by the Division of Law,
and may modify, affirm, or reverse the decision denying a permit.
B.
An
applicant filing an appeal must pay the sum of $25 to cover the administrative
cost of the appeal at the time the appeal is filed.
[Added 12-14-2021 by Ord. No. 4720-21]
This article shall be known as the "General Development Plan
Ordinance of the Township of Toms River."
A.
Any developer of a parcel of land greater than 100 acres in size
for which the developer is seeking approval of a planned development
pursuant to the Municipal Land Use Law (NJSA 40:55D-1 et seq.) may
submit a general development plan to the Planning Board prior to the
granting of preliminary approval of that development by the Planning
Board pursuant to the Land Use and Development Ordinance of the Township
of Toms River;
B.
Any developer of a parcel of land 100 acres or less in size for which
parcel the developer is seeking approval of a planned development
pursuant to the Municipal Land Use Law consisting of not less than
150,000 square feet of nonresidential floor area may submit a general
development plan to the Planning Board prior to the granting of preliminary
approval pursuant to the Land Use and Development Ordinance of the
Township of Toms River.
C.
The Planning Board shall grant or deny general development plan approval
within 95 days after submission of an application that is deemed complete
by the administrative officer, or within such further time as may
be consented to by the applicant. Failure of the Planning Board to
act within the period prescribed shall constitute general development
plan approval of the planned development.
Except for required reports and other written documentation,
the general development plan shall be submitted in plat form at a
scale of about one inch equals 200 feet, or such other scale permitting
the entire site to be shown on one sheet not larger than 42 inches
by 60 inches. Enlargements of portions of the plan may be submitted
on separate sheets of the same size.
A general development plan shall include the following:
A.
A general land use plan indicating the tract area and general locations
of the land uses to be included in the planned development. The total
number of dwelling units and amount of nonresidential floor area to
be provided and proposed land area to be devoted to residential and
nonresidential use shall be set forth. In addition, the proposed types
of nonresidential uses to be included in the planned development shall
be set forth, and the land area to be occupied by each proposed use
shall be estimated;
B.
A circulation plan showing the general location and types of transportation
facilities, including facilities for pedestrian access, within the
planned development and any proposed improvements to the existing
transportation system outside the planned development;
C.
An open space plan showing the proposed land area and general location
of land areas to be set aside for conservation and recreational purposes
and a general description of improvements proposed to be made thereon,
including a plan for the operation and maintenance of such lands;
D.
A utility plan indicating the need for and showing the proposed location
of sewage and water lines, and drainage facilities necessitated by
the physical characteristics of the site, proposed methods for handling
solid waste disposal, and a plan for the operation and maintenance
of proposed utilities;
E.
A stormwater management plan setting forth the proposed method of
controlling and managing stormwater on the site;
F.
An environmental inventory, including a general description of the
vegetation, soils, topography, geology, surface hydrology, climate
and cultural resources of the site, existing man-made structures or
features and the probable impact of the development on the environmental
attributes of the site;
G.
A community facility plan indicating the scope and type of supporting
community facilities;
H.
A housing plan outlining the number of housing units to be provided;
I.
A local service plan indicating those public services which the applicant
proposes to provide and which may include, but not be limited to,
water, sewer, cable and soil waste disposal;
J.
A fiscal report providing:
(1)
An analysis of the impact of the proposed new population, providing
an estimate of the number of people expected to be added to the municipal
population as a result of the proposed development according to dwelling
unit type.
(2)
An analysis of the impact of the proposed new population upon
public schools, providing an estimate and discussion of school-age
children to be generated by the proposed development for grades K-12.
(3)
An analysis of development costs and benefits in order to review
estimated municipal and public school costs and revenues. The analysis
shall also include impacts on the taxable annual base of the community
and non-property tax revenues for the municipality and school district.
Such cost and benefit analysis shall discuss the revenues expected
to be generated from the development compared to the anticipated costs
which the proposed development is expected to generate. Revenues and
costs shall be shown for the municipality, the school system, and
the county.
K.
A proposed timing schedule in the case of a planned development whose
construction is contemplated over a period of years, including any
terms or conditions which are intended to protect the interests of
the public and of the residents who occupy any section of the planned
development prior to the completion of the development in its entirety.
L.
An agreement between the developer and the Township relating to the
planned development.
A.
The planned development shall be developed in accordance with the
general development plan approved by the Planning Board notwithstanding
any provision of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et
seq.), or of any ordinance or regulation adopted pursuant thereto
after the effective date of the approval.
B.
The term of the effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection C of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer received final approval of the first section of the planned development.
C.
In making its determination regarding the duration of the effect
of approval of the general development plan, the Planning Board shall
consider: the number of dwelling units or amount of nonresidential
floor area to be constructed; prevailing economic conditions; the
timing schedule to be followed in completing the development and the
likelihood of its fulfillment; the developer's capability of completing
the proposed development; and the contents of the general development
plan and any conditions which the Planning Board attaches to the approval
thereof.
In the event that the developer seeks to modify the proposed
timing schedule, such modification shall require the approval of the
Planning Board. The Planning Board shall, in deciding whether or not
to grant approval of the modification, take into consideration prevailing
economic and market conditions, anticipated and actual needs for residential
units and nonresidential space within the Township and the region,
and the availability and capacity of public facilities to accommodate
the proposed development.
The developer shall be required to gain the prior approval of
the Planning Board if, after approval of the general development plan,
the developer wishes to make any variation in the location of land
uses within the planned development or to increase the density of
residential development or the floor area ratio of nonresidential
development in any section of the planned development.
A.
Except as provided hereunder, once a general development plan has
been approved by the Planning Board, it may be amended or revised
only upon application by the developer approved by the Planning Board.
B.
A developer, without violating the terms of the approval pursuant
to this General Development Plan Ordinance of the Township of Toms
River, may, in undertaking any section of the planned development,
reduce the number of residential units or amounts of nonresidential
floor space by no more than 15% or reduce the residential density
or nonresidential floor area ratio by no more than 15%.
A.
Upon completion of each section of the development as set forth in
the approved general development plan, the developer shall notify
the administrative officer, by certified mail, as evidence that the
developer is fulfilling his obligations under the approved plan. For
the purposes of this section, "completion" of any section of the development
shall mean that the developer has acquired a certificate of occupancy
for every residential unit or every nonresidential structure, as set
forth in the approved general development plan and pursuant to Section
15 of the State Uniform Construction Code (N.J.S.A. 52:27D-133). If
the Township does not receive such notification at the completion
of any section of the development, the Township shall notify the developer,
by certified mail, in order to determine whether or not the terms
of the approved plan are being complied with.
B.
If a developer does not complete any section of the development within
eight months of the date provided for in the approved plan, or if
at any time the Township has cause to believe that the developer is
not fulfilling his obligations pursuant to the approved plan, the
Township shall notify the developer, by certified mail, and the developer
shall have 10 days within which to give evidence that he is fulfilling
his obligations pursuant to the approved plan. The Township thereafter
shall conduct a hearing to determine whether or not the developer
is in violation of the approved plan. If, after such a hearing, the
Township finds good cause to terminate the approval, it shall provide
written notice of same to the developer and the approval shall be
terminated 30 days thereafter.
C.
In the event that a developer who has general development plan approval does not apply for preliminary approval for the planned development which is the subject of that general development plan approval within five years of the date upon which the general development plan has been approved by the Planning Board, the Township shall have cause to terminate the approval. However, the Planning Board in establishing the timing schedule pursuant to § 348-13.4K, and the Township in negotiating a developer's agreement relating to the planned development in accordance with § 348-13.4L, may allow for preliminary approval for section(s) of the planned development to be applied for subsequent to five years of the date upon which the general development plan has been approved by the Planning Board; in which case, the Township shall not have cause to terminate the general development plan approval as long as the developer shall fulfill his obligations under the approved plan.
In the event that a development which is the subject of an approved
general development plan is completed before the end of the term of
the approval, the approval shall terminate with the completion of
the development. For the purposes of this section, a development shall
be considered complete on the date upon which a certificate of occupancy
has been issued for the final residential or nonresidential structure
in the last section of the development in accordance with the timing
schedule set forth in the approved general development plan and the
developer has fulfilled all of his obligations pursuant to the approval.
