The provisions of this section shall apply only to those structures
which are to be erected without a basement.
A. In those areas of the Township where building lines have been established
on streets by the erection of dwellings or other structures, and said
building line is less than that which would be required in order to
obtain conformance with the requirements of this chapter, and where
such conformance would impose undue hardship on an individual property
owner insofar as front yard setback is concerned, the minimum distances
may be reduced as follows:
(1) Seepage pit to property line on street: five feet.
(2) Seepage pit to new structure on same lot: 15 feet.
B. The above minimum distances may also apply in those instances where
the depth of the lot or lots is less than 80 feet. This provision
shall apply only in those instances where the lot or lots appear on
duly filed maps or on subdivisions approved by the Toms River Township
Planning Board.
No building permit for the construction of a realty improvement
shall be issued in this Township unless and until said certification
has been issued.
No construction of any realty improvement in this Township shall
be begun until said certification has been issued.
All proposed water supply systems and sewerage facilities for
the proposed realty improvements shall be in compliance with the provisions
of "The Realty Improvement Sewerage and Facilities Act (1954), of
the State of New Jersey," which is L. 1954, Chapter 199, N.J.S.A.
58:11-23 et seq., the standards for construction of such water supply
and sewerage facilities promulgated by the Department of Environmental
Protection of New Jersey or to be promulgated by it hereafter, and
the Toms River MUA's Rules and Regulations concerning sanitary
sewer matters.
Any employee of this municipality who is a Sanitary Inspector,
First Grade, licensed by the New Jersey State Board of Health shall
be the representative of this municipality and its Board of Health
to issue such certificates where warranted, or to deny same when unwarranted.
The Board of Health shall from time to time designate one or more
of such employees to so act for and on behalf of this municipality.
All words and phrases used in this chapter, which words and
phrases are defined in N.J.S.A. 58:11-24, shall follow the same definitions
and constructions as in said state law.
All fees paid pursuant to this chapter shall be the property
of the municipality, provided that all fees collected pursuant to
this chapter shall be first dedicated to the cost of administration
of the proceedings hereunder.
This chapter is adopted for both revenue and police power (i.e.,
regulatory) purposes.
Any person, firm or corporation convicted of a violation of
any of the provisions of this chapter shall suffer a penalty of a
fine of not exceeding $200 for each offense, and, if an individual,
by imprisonment in the common jail of the County of Ocean for a term
of not exceeding 30 days, or both, in the discretion of the Magistrate
before whom such conviction is had.
Nothing contained in the preceding section shall be construed
to affect, estop, hinder or embarrass the local Board of Health in
prosecuting any violation under the provisions of N.J.S.A. 58:11-39,
if it elects to so prosecute.
The Township Clerk shall file a certified copy of this chapter
with the Department of Environmental Protection of New Jersey within
10 days after the final adoption hereof.