[1975 Code § 13-1.1]
This chapter shall be known and may be cited as the "Land Development
Regulations of the Borough of South Toms River, New Jersey," pursuant
to the provisions of N.J.S.A. 40:55D-1 et seq., which has been adopted
for the following purposes:
a.
To encourage municipal action to guide the appropriate use or development
of all lands in this State, in a manner which will promote the public
health, safety, morals, and general welfare;
b.
To secure safety from fire, flood, panic and other natural and man-made
disasters;
c.
To provide adequate light, air and open space;
d.
To ensure that the development of individual municipalities does
not conflict with the development and general welfare of neighboring
municipalities, the county and the State as a whole;
e.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and preservation of the environment;
f.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
g.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all New Jersey
citizens;
h.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight;
i.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
j.
To promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land;
k.
To encourage planned unit developments which incorporate the best
features and design and relate the type, design and layout of residential,
commercial, industrial and recreational development to the particular
site;
l.
To encourage senior citizen community housing construction;
m.
To encourage coordination of the various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land; and
n.
To promote the conservation of energy through the use of planning
practices designed to reduce energy consumption and to provide for
maximum utilization of renewable energy sources.
[1975 Code § 13-1.2]
Unless otherwise set forth, the terms and definitions contained
in the Municipal Land Use Law shall be applicable to the provisions
of this chapter. In addition, the following terms are hereby defined
as follows:
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plan, site plan,
planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to this chapter.
Shall mean the Land Use Board of the Borough unless a different
agency is designated by this chapter when acting pursuant to the authority
of this chapter.
Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in Zoning, Article VI of this chapter and upon the issuance of an authorization therefore by the Land Use Board.
Shall mean the zoning article, subdivision article, site
plan article, Official Map article of this chapter or other municipal
regulation of the use and development of land, or amendment thereto
adopted and filed pursuant to the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
Shall mean planned unit development, planned unit residential
development, residential cluster, planned commercial development or
planned industrial development.
[1975 Code § 13-1.3]
The Borough Council and the Land Use Board shall adopt, and may amend reasonable rules and regulations, not inconsistent with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or this chapter for the administration of their functions, powers and duties, and shall furnish a copy thereof to any person upon request and may charge a reasonable fee, as established by subsection 26-1.17q for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Borough Clerk.
[1975 Code § 13-1.4]
The Land Use Board shall by its rules fix the time and place
for holding its regular meetings for business authorized to be conducted
by the Board. Regular meetings of the Land Use Board shall be scheduled
not less than once a month and shall be held as scheduled unless cancelled
for lack of applications for development to process. The Land Use
Board may provide for special meetings, at the call of the Chairman,
or on request of any two of its members, which shall be held on notice
to its members and the public in accordance with the provisions of
the Open Public Meeting Act, N.J.S.A. 10:4-6 et seq., and Board regulations.
No action shall be taken at any meeting without a quorum being present.
All actions shall be taken by a majority vote of a quorum except as
otherwise required by subsection 26-1.13e. Nothing herein shall be
construed to contravene any statute providing for procedures for Governing
Bodies.
[1975 Code § 13-1.5]
a.
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 provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6 et
seq., and Board regulations.
b.
Minutes of every regular or special meeting shall be kept and shall include the names of all persons appearing and addressing the Land Use Board and of the persons appearing by attorney, the action taken by the Board, 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 Borough Clerk. 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 fee as established by subsection 26-1.17 of this chapter for reproduction of the minutes for his use.
[1975 Code § 13-1.6]
a.
The Land Use Board shall hold a hearing on each application for development,
or adoption, revision or amendment of the master plan.
b.
The Land Use Board shall make the rules governing such hearings.
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 Borough Clerk. The applicant may produce other documents, records
or testimony at the hearing to substantiate or clarify or supplement
the previously filed maps and documents.
c.
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, N.J.S.A.
2A:67A-1 et seq. shall apply.
d.
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.
e.
Technical rules of evidence shall not be applicable to the hearing,
but the Chairman of the Land Use Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
f.
The Land Use Board shall provide for the verbatim recording of the
proceedings by either stenographic, mechanical or electronic means.
The Land Use Board shall furnish a transcript, or duplicate recording
in lieu thereof, on request to any interested party at his expense.
g.
Each decision on any application for development shall be in writing
and shall include findings of fact and conclusions based thereon.
h.
A copy of the decision shall be mailed by the secretary of the Land Use Board 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 fee as specified by subsection 26-1.17r of this chapter. A copy of the decision shall also be filed by the Land Use Board in the office of the Borough Clerk. The Borough Clerk shall make a copy of such filed decision available to any interested party for a fee as specified in subsection 26-1.17 of this chapter and available for public inspection at his or her office during Borough business hours.
i.
A brief notice of the decision shall be published in a newspaper of general circulation in the Borough. Such publication shall be arranged by the Borough Clerk provided that the applicant may in any case provide for publication of the decision. The applicant shall pay a fee as designated by subsection 26-1.17 for publication of this notice, unless applicant submits proof acceptable to the Borough Clerk within 10 days of the decision that he has provided for the required publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the Borough or the applicant.
[1975 Code § 13-1.7]
Notices pursuant to subsection 26-1.8 shall state the date, time and place of the hearing, the nature of the matters to be considered, and, in the case of notices pursuant to subsection 26-1.8, an 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 Borough Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to subsection 26-1.6b of this chapter.
[1975 Code § 13-1.8]
Notice pursuant to paragraphs a, b, d, e, f, and g of this subsection
shall be given by the applicant and shall be given at least 10 days
prior to the date of the hearing.
a.
Public notice of a hearing on an application for development shall be given except for: (1) conventional site plan review pursuant to subsection 26-3.1a except as otherwise required by subsection 26-2.7h; (2) minor subdivisions pursuant to subsection 26-3.14; or (3) final approval pursuant to subsection 26-3.10, provided that public notice shall be given in the event that relief is requested pursuant to subsection 26-2.7 as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in a newspaper of general circulation in the Borough.
b.
Notice of a hearing requiring public notice pursuant to paragraph
a of this subsection shall be given to the owners of all real property
as shown on the current tax duplicate, located within 200 feet in
all directions of the property which is the subject of such hearing.
Notice shall be given by: (1) serving a copy thereof on the property
owner as shown on the current tax duplicate, or his agency in charge
of the property; or (2) mailing a copy thereof by certified mail to
the property owner at his address as shown on the current tax duplicate.
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,
vice President, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
c.
Upon the written request of an applicant, the Borough Assessor shall,
within seven days, make and certify a list from said current tax duplicates
of names and addresses of owners to whom the applicant is required
to give notice pursuant to paragraph b of this subsection. The applicant
shall be entitled to rely upon the information contained in such list,
and failure to give notice to any owner not on the list shall not
invalidate any hearing or proceeding. A fee of $10 shall be charged
for such list.
d.
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.
e.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application 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 the municipal boundary.
f.
Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a State highway.
g.
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning, New Jersey Department of Community Affairs, of a 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 Borough Clerk pursuant to subsection 26-1.6b of this chapter.
h.
The applicant shall file an affidavit of proof of service with the
Land Use Board holding the hearing on the application for development
in the event that the applicant is required to give notice pursuant
to this section.
[1975 Code § 13-1.9]
The Land Use Board shall give:
a.
Public notice of a hearing on adoption, revision, or amendment of
the master plan; such notice shall be given by publication in a newspaper
of general circulation in the Borough at least 10 days prior to the
date of the hearing;
b.
Notice by a personal service or certified mail to the Municipal Clerk
of an adjoining municipality of all hearings on adoptions, revision
or amendment of a master plan involving property situated within 200
feet of such adjoining municipality at least 10 days prior to the
date of any hearing;
c.
Notice by personal service or certified mail to the County Planning
Board of: (a) all hearings on adoption, revision or amendment of the
Borough master plan at least 10 days prior to the date of the hearing;
such notice shall include a copy of any proposed master plan, or any
revision or amendment thereto; and (b) the adoption, revision or amendment
of the master plan not more than 30 days after the date of such adoption,
revision or amendment; such notice shall include a copy of the master
plan or revision or amendment thereto.
[1975 Code § 13-1.10]
[1975 Code § 13-1.11]
a.
Notice by personal service or certified mail shall be made to the
Clerk of an adjoining municipality of all hearings on the adoption,
revision or amendment of a development regulation involving property
situated within 200 feet of such adjoining municipality at least 10
days prior to the date of any such hearing.
b.
Notice by personal service or certified mail shall be made to the
County Planning Board of: (1) all hearings on the adoption, revision
or amendment of any development regulation at least 10 days prior
to the date of the hearings; and (2) the adoption, revision or amendment
of the municipal capital improvement program or Official Map not more
than 30 days after the date of such adoption, revision or amendment.
Any notice provided hereunder shall include a copy of the proposed
development regulation, the Official Map or the capital program, or
any proposed revision or amendment thereto, as the case may be.
Notice of hearings to be held pursuant to this section shall
state the date, time and place of the hearing and the nature of the
matters to be considered. Any notice by certified mail pursuant to
this section shall be deemed complete upon mailing.
[1975 Code § 13-1.12]
The Borough Clerk shall file, with the County Planning Board
as soon after passage as possible, all development regulations, including
this chapter and any amendments or revisions thereto, and file and
maintain for public inspection copies of said regulations in the office
of the Clerk.
Former subsection 26-1.13, Appeals to the governing body; Time;
Notice; Modification; Stay of Proceeding, previously codified herein
was deleted in its entirety by Ordinance No. 1-14.
[1975 Code § 13-1.14]
The Borough Council shall enforce this chapter. In case any
building or structure is erected, constructed, altered, repaired,
converted, or maintained, or any building, structure or land is used
in violation of this chapter, the Borough Council and its agents or
any interested party, in addition to other remedies, may institute
any appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use, to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure or land, or to prevent any illegal
act, conduct, business or use in or about such premises.
[1975 Code § 13-1.15]
a.
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by a legal action instituted by any State agency, political subdivision,
or any 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 approving authority shall process such application for
development in accordance with this chapter, and if such application
for development complies with the requirements of this chapter, the
approving authority shall approve such application conditioned on
removal of such legal barrier to development.
b.
In the event that development proposed by an application for development
requires an approval by a governmental agency other than the approving
authority, the approving authority shall, in appropriate instances,
condition its approval upon the subsequent approval of such government
agency; provided that the approving authority shall make a decision
on any application for development within the time period provided
in this chapter or within an extension of such period as has been
agreed to by the applicant unless the approving authority is prevented
or relieved from so acting by the operation of law.
[Ord. No. 5-97 § 1; Ord. No. 8-97; Ord. No.
7-01 § 1; Ord. No. 8-04 § 1; Ord. No. 6-07 § 1; New]
Upon filing an application for development, the developer shall
pay an escrow fee to the Borough of South Toms River, by certified
check, cash or bank money order, based upon the schedule set forth
below. All applications shall be accompanied by a $25 nonrefundable
administrative fee for purposes of defraying the costs of the administrative
officer (Land Use Secretary or other similar office.) Proposals regarding
more than one application type shall pay a cost equaling the sum of
the costs for the component elements of that plat. Proposals requiring
a combination of approvals, such as subdivision, site plan and/or
variance, shall pay a cost equal to the sum of the cost for each element.
All such escrow fees shall be used to pay for all professional fees
incurred by the Borough's Land Use Board in reviewing such applications.
In addition, all such escrow fees are minimum requirements for review
of applications. The developer shall be responsible to deposit into
the escrow account any and all sums which are necessary to reimburse
the Board for all professional fees incurred in reviewing such applications
after the initial escrow deposit has been exhausted.
a.
Informal Concept Plan Review. $200.
b.
Subdivision.
1.
Minor subdivision. Preliminary and final; $500, plus $50 per lot.
Re-review fees shall be required for additional submissions as per
26-1.17d.
c.
d.
The fees paid under paragraphs b, c, and e are estimated to cover
the cost incurred by the Board for review of the initial application.
Additional fees totaling 50% of the original fee shall be posted by
the applicant for each plan review submitted after the original submission.
e.
Extension of Preliminary or Final Approval. $500.
g.
Conditional Uses. $1,000.
h.
Certificate of Subdivision. $25.
i.
Zoning Permit or Change of Use Permit. $25.
j.
Administrative Fee for Accessory Structures. Notwithstanding any
other provision of this section, the administrative fee for an application
for approval of any accessory structure shall be $25.
k.
The cost for the preparation of a resolution for preliminary or final
approval shall be a minimum of $200.
l.
Protection or release of performance guaranty or maintenance guaranty:
$100. The resolution fee shall be collected by the Borough Clerk at
the time of release.
m.
Whenever the fees paid under paragraphs b, c, e, f4 and g shall exceed
$5,000, the fees shall be deposited 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 of New Jersey in an account bearing interest of the minimum
rate currently paid by the institution or depository on time or savings
deposits. The Secretary of the Land Use Board 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. If the
amount of interest earned on the deposit exceeds $100 that entire
amount shall belong to the applicant and shall be refunded to him
by the Borough on an annual basis or at the time the deposit is repaid
or applied for the purpose it was deposited; provided, however, that
the Borough may retain both administrative and custodial expenses,
a sum equivalent to no more than 33 1/3% of the entire amount
which shall be in lieu of all other administrative and custodial expenses.
In the event that the interest paid on a deposit for a year does not
exceed $100, same is to be retained by the Borough.
n.
Exemption from Payment of Fees. In accordance with N.J.S.A. 40:55D-8,
any philanthropic, fraternal or religious nonprofit organization holding
a tax exempt status under the Federal Internal Revenue Code of 1954
is hereby exempt from the payment of any fees charged under this chapter
by virtue of the provisions of N.J.S.A. 40:55D-1, et seq.
o.
The Borough of South Toms River hereby waives the collection of fees
associated with obtaining zoning permits for the issuance of permits
for the construction, reconstruction, alteration, or improvement designed
for the purposes of (a) roofing or siding, (b) windows or doors, (c)
electrical or plumbing work within the interior of an existing structure,
(d) remodeling or interior renovations to existing homes which do
not alter the exterior footprint of the existing building. The aforementioned
provisions apply only to existing public or private structures or
any facilities contained therein. This section will not relieve the
applicant of permit fees which are charged by governmental agencies
other than the Borough of South Toms River. This provision is intended
to relieve property owners of the fee associated with a Zoning Permit
when separate building permits must be obtained to commence construction.
Applicants are not relieved of the obligation of obtaining a Zoning
Permit, however, under the circumstances described herein the fee
for obtaining the Zoning Permit has been waived.
p.
Public record copying charges:
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First page to tenth page
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0.75*
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Eleventh page to twentieth page
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0.50*
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All pages over 20
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0.25*
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* To the extent the cost the Borough actually incurs for duplication
exceeds the foregoing rate, the person requesting the documents shall
be charged the actual cost the Borough incurs for such copies. For
example, if the documents are sent to an off-site facility for copying,
the actual charges incurred to the Borough will be levied.
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When the nature, format, manner of collation or volume of records
to be inspected, examined or copied are such that the record cannot
be reproduced by ordinary document copying equipment and ordinary
business size or involves extraordinary expenditure of time and effort
or if the medium requested is not one the Borough normally maintains,
in addition to the actual cost of duplicating the record, a special
service charge shall be levied equal to the cost the Borough incurs
for providing the copies.
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Prior to a request being processed that requires special handling,
the Borough Clerk shall advise the requestor of such costs and the
records shall not be reproduced unless the requestor agrees to pay
the costs.
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Research and Retrieval Fees for Public Documents Plus postage,
if applicable, and copying fees
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$10 per hour
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q.
The cost for the purchase of a printed copy of Chapter 26, Land Development Regulations of the Revised General Ordinances of the Borough of South Toms River shall be the actual cost to the Borough to purchase these printed copies, plus an additional 15% administrative fee.
r.
Copies of minutes of meetings of the Land Use Board shall be available
at a cost as established in paragraph p above.
s.
The fee for a copy of decision of the Land Use Board as refereed in subsection 26-1.6h shall be $10 for the first page and each additional page shall be $1.
t.
The fee for publication of the notice of the decision as required in subsection 26-1.6i shall be as advised by the Borough Clerk.
u.
Tax Map
Revisions. For tax map revisions, which includes subdivisions and
consolidations and individual condominium parcels, the fees shall
be as follows:
[Added 2-24-2020 by Ord. No. 2020-1]
