[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.]
[1]
Editor's Note: Ord. No. 4168-08, adopted 12-9-2008, repealed Part II of the Code of the Township of Toms River, with the exception of this Chapter 348, which was readopted in its entirety.
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:
ACCESSORY USE OR STRUCTURE
A subordinate use or structure, the purpose of which is incidental to that of a principal use on the same lot.
ADMINISTRATIVE OFFICER
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.
ADULT-CARE CENTER
A nonresidential facility maintained for the care, development and/or supervision of persons age 18 or older.
AFFORDABLE HOUSING ADMINISTRATOR (AH ADMINISTRATOR)
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.
AGE-RESTRICTED MULTIFAMILY RESIDENTIAL DEVELOPMENT
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.
APARTMENT
The same as "dwelling unit."
ARTISAN DISTILLERY
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]
ATTIC, HABITABLE
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]
AUCTION MARKET
Any premises on which are held, at periodic times, auction sales of merchandise or any other personal property.
AVERAGE WOODED ACRE
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.
BASAL AREA
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.
BASE FLOOD ELEVATION
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.
BASEMENT
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."
BED-AND-BREAKFAST INN
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.
BEDROOM
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.
BOARDING- OR ROOMING HOUSE
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.
BOATYARD
Any waterfront facility where docking accommodations and/or land-dry-storage accommodations for any watercraft, such as powerboats, sailboats or rowboats, are offered on a rental basis and where facilities for the building, rebuilding and general repair of boats and marine equipment are provided. A boatyard shall be deemed to include all auxiliary and accessory services as chandlery, fuel sales and rental business activities related to the primary use.
BREW PUB
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.
BUILDING AREA
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.
BUILDING HEIGHT
In non-flood zones, the vertical distance measured from the average elevation of the finished grade at all corners of the building to the highest point of the roof for flat roofs, 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.
BUILDING LINE or BUILDING SETBACK LINE
The line beyond which a building shall not extend unless otherwise provided in this chapter.
BUILDING PERMIT or CONSTRUCTION PERMIT
A permit issued for the alteration or erection of a building or structure in accordance with the provisions of Chapter 252, Construction Codes, Uniform, of the Code of the Township of Toms River.
BUILDING, PRINCIPAL
A 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.
BULK STORAGE
The stockpiling or warehousing of materials, which may or may not be enclosed within a structure, including but not limited to sand, gravel, dirt, asphalt, lumber, pipes, plumbing supplies, metal, concrete and insulation.
CAFRA CENTERS, CORES OR NODES
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.
CAFRA PLANNING MAP
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.
CALIPER
The diameter measurement of a tree measured at 12 inches above ground level.
CARPORT
A covering or roof to allow the parking of automobiles underneath. With the exception of supports, the carport shall have no sides unless such sides are the exterior wall of an adjacent building.
CELLAR
A 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."
CERTIFICATE OF COMPLETENESS
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.
CERTIFICATE OF NONCONFORMANCE
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.
CERTIFICATE OF OCCUPANCY
A certificate issued upon completion of construction and/or alteration of any building or the change in occupancy of a commercial or industrial building. 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.
CHILD-CARE CENTER
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.
CHURCH or PLACE OF WORSHIP
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.
CLEAR CUTTING
The removal of all or substantially all standing trees on a lot or portion of a lot.
CLINIC, MEDICAL AND/OR DENTAL
A building or buildings designed and/or used for the treatment of nonresident patients operated by or in conjunction with a medical school, hospital, health maintenance organization, insurance company, or by a business for its employees and their families.
COMMERCIAL AGRICULTURE
The production principally for sale to others of plants and animals or their products, including but not limited to forage and sod crops, grain and feed crops, dairy animals and dairy products, livestock, including beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; the breeding and grazing of such animals, bees and apiary products, fruits of all kinds, including grapes, nuts and berries; vegetables, nursery, floral, ornamental, and greenhouse products.
COMPLETE APPLICATION
An application for development which complies in all respects to the appropriate submission requirements set forth in this chapter.
CONSERVATION/ ENVIRONMENTAL USES/ RESTRICTIONS
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]
CONSTRUCTION PERMIT
This term is to be read with the same meaning as "building permit."
CONSTRUCTION TRAILER
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.
CONTINUING-CARE RETIREMENT COMMUNITY
A parcel of land developed as a comprehensive and integrated system providing housing and services for extended durations combining independent living accommodations and other housing types, including health care beds, and including the provision of recreational, social, health care, and dietary, as well as security services intended for the age-eligible residents and other users of such a facility or development and their guests.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
CORNER LOT
A lot fronting on two or more streets at their intersection.
CORPORATE PARK
A planned or organized industrial and/or corporate headquarters area with comprehensive design for buildings, utilities and street access, which is systematically subdivided according to the needs of the tenants and may contain more than two separate buildings, either individually owned or leased.
COVERAGE, BUILDING
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.
COVERAGE, IMPERVIOUS
The area of a lot covered by all impervious surfaces, expressed as a percentage of lot area.
CROWN
All of the living branches, twigs and foliage of a tree after the first bifurcation from the main trunk or trunks.
DAY NURSERY
A facility designed to provide daytime care for children age six and under.
DAYS
Calendar days.
DECK
A flat surface capable of supporting weight similar to a floor, constructed outdoors and elevated from the ground.
DECK HEIGHT
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.
DEPARTMENT
The New Jersey Department of Environmental Protection, unless otherwise set forth herein.
DESIGN ENGINEER
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.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.
DEVELOPER'S AFFORDABLE HOUSING PLAN
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.
DEVELOPMENT FEES
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.
DIAMETER BREAST HEIGHT
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."
DISTRICT
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.
DRIVE-IN RESTAURANT
The same as "restaurant, drive-in."
DWELLING
Any building or portion thereof designed or used exclusively for one or more dwelling units.
A. 
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.
B. 
DWELLING, SINGLE-FAMILYA building designed for or containing one dwelling unit.
C. 
DWELLING, TWO-FAMILYA building designed for or containing two dwelling units.
D. 
DWELLING, MULTIPLEA building designed for or containing three or more dwelling units.
E. 
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.
F. 
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.
G. 
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.
H. 
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.
I. 
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.
EASEMENT
The right of the Township, county, state, sewerage authority or other public or quasi-public agency or their agents, servants and employees to use the land subject to the easement for the purposes specified on the plat or in the document granting the easement.
EDUCATIONAL USE
Public (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.
ENGINEER
The Township Engineer, Planning Board Engineer, Zoning Board of Adjustment Engineer, or other appointed board engineers.
ENVIRONMENTALLY CRITICAL AREA
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.
EQUALIZED ASSESSED VALUE
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.
ESSENTIAL SERVICES
A. 
Structures related to underground gas, electrical, telephone, telegraph, water or other public utility transmission or distribution systems, including but not limited to mains, drains, sewers, pipes, conduits and cables;
B. 
Facilities including but not limited to basins, ponds, pipes, infiltration systems, recharge areas, and other aboveground or belowground facilities which may be required by Township, county, state or federal rules, regulations or laws for services of both on-site and/or off-site properties;
C. 
Fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants and other similar equipment and accessories, reasonably necessary for the furnishing of adequate service by public utilities, governmental agencies or others needed for public health, safety, environmental protection or general welfare.
ESTABLISHMENT
The primary activity, under one proprietorship, of a parcel or building or a section thereof.
EXEMPT DEVELOPMENT
Site plan and/or subdivision approval shall not be required for the following:
A. 
Construction, additions or alterations related to single-family detached or two-family detached dwellings on individual lots.
B. 
Interior alterations which do not increase the required number of off-street parking spaces.
C. 
Any change of use of land or structure to a use for which the standards of this chapter are the same or less restrictive or stringent.
D. 
Exterior alterations which involve architectural enhancements to rooflines, cornices, windows and doors.
E. 
Construction or installation of underground facilities which do not alter the general use, appearance or grade of the site.
F. 
The construction or alteration of or addition to an off-street parking area which provides an increase of five or fewer vehicle parking spaces as compared to the last approved and/or developed site plan or the number existing at the time of the adoption of this chapter, except in conjunction with or subsequent to any condemnation or taking proceeding.
G. 
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.
H. 
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.
I. 
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:
(1) 
All persons employed reside on the premises;
(2) 
There is no change in the residential appearance of the dwelling;
(3) 
Any sign would be no larger than that permitted for a single-family dwelling in that zone;
(4) 
No customers, patients or patrons regularly visit the site.
(5) 
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.
J. 
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.
K. 
Modification to site to improve handicap accessibility not involving additional building area.
L. 
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.
M. 
Temporary outdoor display of goods for sale in accordance with § 348-5.20.
N. 
Clothing bins which are regulated in Chapter 391 of this Code.
O. 
Outdoor seating in accordance with § 348-5.45.
EXEMPT SALES
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.
FAIR MARKET VALUE
The unrestricted price of a low-income or moderate-income housing unit if sold at a current real estate market rate.
FAMILY
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.
FARM
An area of land of single or multiple contiguous or noncontiguous parcels which is actively devoted to agricultural or horticultural use, including but not limited to crop land, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads, and certain farm buildings and other enclosures related to agricultural pursuits.
FARM BUILDING
Any building used for the housing of agricultural equipment, produce, livestock or poultry, or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and is necessary to the operation of a farm.
FARMERS' MARKET
A commercial business or cooperative gathering primarily for the display and sale of locally grown produce.
FENCE
An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials.
FENCE, OPEN
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.
FINAL PLAT
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.
FLOOR AREA
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.
FLOOR AREA RATIO
The sum of the gross habitable floor area of all floors of buildings compared to the total area of the lot.
FOREST STEWARDSHIP PLAN
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.
FOUNDATION, NONPERMANENT
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.
FOUNDATION, PERMANENT
A system of support installed either partially or entirely below grade, which is:
A. 
Capable of transferring all design loads imposed by or upon the structure into soil or bedrock without failure;
B. 
Placed at an adequate depth below grade to prevent frost damage;
C. 
Constructed of any material approved by the Commissioner of the New Jersey Department of Community Affairs.
GARAGE
A building or structure intended or suitable for the storage of motor vehicles.
GARAGE, PUBLIC
A garage conducted as a business. The rental of storage space for more than two motor vehicles not owned on the premises shall be deemed a "public garage."
GAS STATION
The same as "motor vehicle service station."
GOLF COURSE
An area of 50 or more contiguous acres containing a full-size professional golf course, at least nine holes in length, together with the necessary and usual accessory uses and structures, such as but not limited to clubhouse facilities, dining and refreshment facilities, swimming pools, tennis courts and the like, provided that the operation of such facilities is incidental to the operation of the golf course.
GOVERNING BODY
The Township Council of the Township of Toms River.
GRADE LEVEL
The same as "finished grade."
GRADE, FINISHED
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.
GROSS FLOOR AREA
The same as "floor area."
GROSS HABITABLE FLOOR AREA
The sum of the gross horizontal areas of the floor or several floors of a dwelling, measured between the inside face of exterior walls or from the center line of walls, separating two dwelling units, having a clear 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]
GROUP HOME
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).
GROUP HOME, CHILD
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.
HABITABLE FLOOR AREA
The same as "gross habitable floor area."
HALFWAY HOUSE
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").
HEALTH CARE 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.
HELIPORT
A landing place for helicopters.
HOME OCCUPATION
Any gainful employment, or occupation, of one or more members of the resident family, which shall constitute, either entirely or partly, the means of livelihood of such member or members and which shall be conducted in clearly secondary or accessory use to the primary residential use of the principal structure. Such occupation may be pursued in the principal dwelling structure or in a secondary building which is accessory to such principal structure. Home occupations may include but are not limited to such activities as dressmaking, millinery, watchmaking, electrical and radio repair and carpentry. The retail sale of goods or services in structures designed or altered to make such activities the primary use of the site shall not be construed hereunder to be a home occupation. 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:
A. 
No outside employees work from the dwelling.
B. 
No more than one commercial vehicle not to exceed four tons.
C. 
No change in the residential appearance of the dwelling.
D. 
No sign indicating that the dwelling is used for business purposes.
E. 
No tractor trailer deliveries to the location, with deliveries limited to those commercial vehicles that would customarily serve residential areas.
F. 
No outside storage of equipment, items under or awaiting repair, or goods.
G. 
No customers or clients visit the site.
H. 
No noise, glare, furnes, odors, or electrical interference.
I. 
The business is conducted entirely within the dwelling or a building accessory to the dwelling.
HOME PROFESSIONAL OFFICE
Any professional office conducted entirely within the dwelling or accessory building to the dwelling which is the bona fide residence of the practitioner.
HOSPITAL
A building or series of buildings, primarily for treatment of patients to be housed on the premises, and providing health, medical and surgical care for sick or injured human beings, including as an integral part of the buildings such related facilities as laboratories, out-patient departments, clinics, training facilities, central service facilities and staff offices. The definition of "hospital" shall not include nursing homes, medical care centers and the like.
HOTEL
A building which contains 10 or more units of dwelling space and which is kept, used, maintained, advertised as, or held out to be a place where sleeping or dwelling accommodations are available to transient guests. 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).
IMPERVIOUS SURFACE
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.
INCLUSIONARY DEVELOPMENT
A housing development in which at least 20% of the housing units are reserved for low-income and moderate-income households.
INDOOR RECREATION FACILITY
A permanent structure containing facilities for recreational activities such as tennis, platform games, swimming, exercise rooms, handball and similar activities.
INDUSTRIAL PARK
A planned or organized industrial and/or corporate headquarters area with comprehensive design for buildings, utilities and street access, which is systematically subdivided according to the needs of the tenants and may contain more than two separate buildings, either individually owned or leased.
INFILTRATION
The process by which water seeps into the soil from precipitation.
INSTRUCTIONAL SCHOOL
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.
INTERIOR LOT
A lot bounded by a street on one side only.
JUNKYARD
Any lot or portion thereof used for the storage, keeping or abandonment of junk, including scrap materials, or for the dismantling, demolition or abandonment of structures, automobiles or other vehicles, equipment or machinery or parts thereof. The term "junkyard," as herein defined, includes automobile wrecking yards. Any person, firm or corporation who shall permit the storage or keeping of more than one inoperative or abandoned vehicle, items of equipment, machinery or parts thereof, except as may be part of an allowed use of the premises, shall be deemed to be operating a "junkyard." Also see Chapter 344 of the Code of the Township of Toms River.
LANDMARK TREE
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.
LANDSCAPE ARCHITECT
A person licensed by the State of New Jersey in the field of landscape architecture.
LICENSED TREE EXPERT AND LTE
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.
LIGHT MANUFACTURING
The fabrication, assembly or processing of goods or materials or the storage of bulk goods and materials where such activities or materials create no hazard from fire or explosion or produce no toxic or corrosive fumes, gas, smoke, obnoxious dust or vapor, offensive noise or vibration, glare, flashes or objectionable effluent.
LIVESTOCK
All animals kept or raised for profit-making purposes, including but not limited to animals raised for slaughter or sale, animals kept for breeding, chickens kept for laying eggs, work animals and animals kept for producing dairy products.
LOADING SPACE
An off-street space for the temporary parking of a commercial vehicle while loading or unloading. Such space must have clear means of ingress and egress to a public street at all times.
LONG-TERM RESIDENTIAL HEALTH CARE FACILITY
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.
LOT AREA
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.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines measured in the general direction of its side lot lines; in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall be not less than 10 feet in length measured between its intersections with the side lot lines. On corner lots, each side lot line shall be considered a rear lot line for the purpose of determining lot depth only.
LOT FRONTAGE
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.
LOT LINE
Any line designating the extent or boundary of a lot. As applied to corner lots, see the provisions of § 348-5.6.
A. 
FRONT LOT LINEA lot line which is coexistent with a street line and along which the lot frontage is calculated.
B. 
REAR LOT LINEThe lot line most distant and generally opposite and parallel to the front lot line.
C. 
SIDE LOT LINEAny lot line other than a front or rear lot line.
LOT WIDTH
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.
LOW-INCOME HOUSING
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.
MAJOR SITE PLAN
Any site plan not classified as a minor site plan or exempt site development.
MANUFACTURED HOME
A unit of housing which:
A. 
Consists of one or more transportable sections which are substantially constructed off site and, if more than one section, are joined together on site;
B. 
Is built on a permanent chassis;
C. 
Is designed to be used, which connected to utilities, as a dwelling on a permanent or nonpermanent foundation; and
D. 
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.
MANUFACTURING
The treatment or processing of raw products, and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.
MARINA
Any waterfront facility wherein berthing spaces for any and all watercraft or boats are provided. A marina shall be deemed to include, in addition: 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.
MICROBREWERY
An establishment licensed by the Alcoholic Beverage Commission to produce not more than 15,000 barrels of beer on an annual basis.
MINI WAREHOUSE
A commercial facility which primarily provides storage space accommodations within enclosed building(s) for use by the public, including businesses, on a rental basis. The facility may contain one dwelling unit only for the sole occupancy by the caretaker of the facility and may include areas reserved for the storage of operable, registered and insured motor driven vehicles, displaying Department of Motor Vehicles (DMV) plates, including boats and trailers. For the purpose of this chapter, the storage of bulk goods and materials used in the fabrication, assembly, processing or manufacturing, including hazardous, toxic and corrosive materials, will not be considered mini warehousing.
MINING
Cumulative removal of more than 1,500 cubic yards of material from any site, which removal is not in conjunction with a site plan or subdivision approved by the appropriate municipal, county and state agencies.
MINOR SITE PLAN
A development for which site plan approval is required and which meets the following conditions:
A. 
The construction of drainage facilities is not required.
B. 
Exterior facade alterations are proposed and/or new building construction and/or building additions do not exceed 2,000 square feet of gross floor area or 5% of the gross floor area of the existing building, whichever is greater.
C. 
The proposed development does not increase the parking requirements by more than 50 spaces or increase the existing parking by more than 5%, whichever is greater.
MINOR SUBDIVISION
Any subdivision resulting in not more than four lots plus the remainder of the original lot, all lots fronting on an existing improved street and not involving any new street or road, provided that the following conditions have been met:
A. 
Curbs and sidewalks exist or where the developer agrees to install and post performance guaranties for curbs and sidewalks.
B. 
The subdivision does not require the extension of municipal facilities at the expense of the municipality.
C. 
The subdivision and construction resulting therefrom will not adversely affect drainage patterns of the basin in which the lots are situated.
D. 
The subdivision will not adversely affect the development of the remainder of the parcel or the adjoining property.
E. 
No portion of the lands involved have constituted a part of a minor subdivision within two years preceding the application.
MOBILE HOME
A vehicle used or so constructed as to permit its being used as a licensed conveyance upon the public streets or highways and constructed in such a manner as will permit its use as a residence, office, business or for storage. This term shall also include trailers, automobile trailers, house trailers and trailer coaches used as offices, residences or accessory structures for storage purposes for both residential and nonresidential uses, excepting therefrom travel trailers, which are under eight feet in width and under 28 feet in length, and which are not used for purposes of day-to-day habitation.
MOBILE HOME PARK
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:
A. 
The construction and maintenance of streets;
B. 
Lighting of streets and other common areas;
C. 
Garbage removal;
D. 
Snow removal; and
E. 
Provisions for the drainage of surface water from home sites and common areas.
MODERATE-INCOME HOUSING
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.
MOTEL
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).
MOTOR VEHICLE REPAIR GARAGE
A building or portion of a building in which auto body work or the overhauling or replacement of engines or major components is conducted as a business for profit. Such uses may include those uses set forth in the definition of motor vehicle service stations.
MOTOR VEHICLE SERVICE STATION
Any area of land, including structures thereon, which is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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.
NANO BREWERY
A small microbrewery licensed by the Alcoholic Beverage Commission (see definition of "microbrewery").
[Amended 3-9-2021 by Ord. No. 4695-21]
NODE
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NONRESIDENTIAL
A structure or building in which there will be no persons residing/living for a continuous period of habitating in a nontransient manner.
NURSERY
A place where trees, shrubs, vines and ornamental plants are propagated and/or grown for gain.
NURSERY SCHOOL
A school designed to provide daytime care or instruction of two or more children age six and under.
OCCUPANCY
The specific purpose for which land or a building is used, designed or maintained.
OFFICE, BUSINESS
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."
OFFICE, PROFESSIONAL
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.")
OUTDOOR CAFE
An unenclosed outdoor dining area operated on a seasonal basis by a restaurant on the same lot occupied by the restaurant.
OUTDOOR SEATING
An unenclosed, temporary outdoor seating area operated by an adjoining eating or drinking establishment, and meeting the standards set forth in § 348-5.45.
PARKING AREA, PRIVATE
An open area, other than a street, intended for the same use as a private garage.
PARKING AREA, PUBLIC
A paved open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation of clients or customers.
PARKING SPACE
An off-street space provided for the parking of a motor vehicle.
PERSON
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.
PERSONAL SERVICES
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.
PLANNED RETIREMENT COMMUNITY DEVELOPMENT
An area of land containing dwellings and recreational, cultural, and medical facilities, and services for the benefit of the permanent residents who are persons 55 years of age or over.
PLANNING BOARD ENGINEER
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.
PORTABLE STORAGE CONTAINER
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.
PREMISES
A lot or tract of land or any combination thereof held under single ownership or control.
PREVAILING FRONT SETBACK
The average setback of buildings within 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.
PRICE DIFFERENTIAL
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.
PRIMARY OR PRINCIPAL USE
The primary or principal purpose for which a building, structure or lot is used.
PROHIBITED USE
A use that is not specifically allowed or permitted in a particular zone.
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REDEVELOPMENT AREA
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.
REDEVELOPMENT PLAN
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.
REENTRY RESIDENTIAL FACILITY
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.
REHABILITATION AREA
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.
REPAYMENT CLAUSE
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.
REPAYMENT OPTION
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.
REPLACEMENT TREE
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.
RESTAURANT
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.
RESTAURANT, DRIVE-IN
An establishment where the majority of the patrons purchase food, soft drinks, ice cream, and similar confections for takeout or consumption on the premises, but outside the confines of the principal building, or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons. 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.
RESTAURANT, DRIVE-THROUGH
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.
RETAINING WALL
A structure more than 18 inches high erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.
RIPARIAN ZONE
The land and vegetation within and adjacent to a regulated water as described and defined at N.J.A.C. 7:13-4.1.
ROOM
As applied to multifamily dwellings as may be permitted by this chapter, includes living rooms, dining rooms, kitchens and bedrooms. Kitchenettes, which do not include space for eating, and dining areas in which one full wall is open into a living room area shall be counted as 1/2 room. Bathrooms shall not count as rooms.
ROOMING HOUSE
The same as "boardinghouse."
SALES TRAILER
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.
SCREENING
Any concentration or grouping of trees or shrubbery as may be required by this chapter.
SEDIMENT
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.
SELECTIVE CUTTING
The removal of certain, often larger, trees on an individual basis while leaving other trees, possibly of lesser size, for future silvicultural harvest.
SERVICE ACCESS
That portion of any required yard area which is set aside for the sole purpose of access from the road adjoining the premises to the loading or unloading area on the premises to service the building erected or the use conducted thereon.
SETBACK
The horizontal distance between a building or structure and any front, side or rear lot line, measured perpendicular to such lot lines at the point where the building or structure is closest to such lot lines.
SETBACK LINE
The line beyond which a building or structure shall not extend unless otherwise provided in this chapter.
SHOPPING CENTER
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.
SIGN
A visual communication that is used for the purpose of bringing the subject thereof to the attention of others. The term does not include buildings themselves, traffic signs or other official messages displayed within the public right-of-way. "Signs" include letters, numbers, symbols, trademarks, illustrations or designs as they may appear on signs, billboards, banners, 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.
A. 
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.
B. 
BANNERA sign having characters, letters or illustrations applied to cloth, paper or fabric of any kind, with only such material for backdrop.
C. 
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.
D. 
BOX SIGNA sign, the face of which is enclosed with a box-like structure.
E. 
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.
F. 
GROUND SIGNA self-supporting sign connected to the ground and independent of any other structure.
G. 
(1) 
As applied to a sign:
(a) 
A word, abbreviation, initial or the name of the establishment or proprietor up to a limit of seven words.
(b) 
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.
(c) 
An illustration or design element and each broken plane of a sign, if there is more than one.
(2) 
The following shall not constitute an "item of information":
(a) 
The second, third, fourth, fifth, sixth and seventh words of the name of the establishment.
(b) 
Lettering four inches or less in height.
(c) 
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.
(d) 
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."
(e) 
Directional signs.
(f) 
Street numbers.
H. 
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.
I. 
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.
J. 
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.
K. 
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.
L. 
ROOF SIGNA sign erected or constructed above the eaves, roofline or parapet line of any building.
M. 
SHINGLEA small sign identifying a professional use.
N. 
SIDEWALK OR SANDWICH SIGNA movable sign not secured or attached to the ground.
O. 
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.
P. 
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.
Q. 
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.
R. 
SUBDIVISION SIGNA sign designating and identifying a subdivision or housing development.
S. 
SUPER GRAPHICThe application of paint, acrylic or other material directly onto a permanent wall in such a manner as to create an aesthetic design.
T. 
TEMPORARY SIGNOne which indicates a special event or transient feature lasting 30 days or less, which sign is displayed for 35 days or less.
U. 
TIME-AND-TEMPERATURE SIGNA sign which indicates actual time and/or current temperature.
V. 
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.
W. 
WINDOW SIGNA sign affixed to a window or visible through that window from the exterior.
SILVICULTURE
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.
SLASH
The debris, derived from the aboveground portions of trees, that remains on site after a tree or timber removal operation.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
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.
STORM DRAIN INLET
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.
STORMWATER
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.
STORMWATER MANAGEMENT BASIN
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).
STORMWATER MANAGEMENT MEASURE
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.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORY
That portion of a building included between the surface of any floor and the surface of that floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it. A 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.
STREET CLASSIFICATION
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.
A. 
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.
B. 
INTERIOR STREET OR ROADA street or road that is developed wholly or within a parcel under one ownership and meeting all Township standards.
STREET LINE
That line determining the limit of the highway rights of the public, either existing or contemplated.
SUBDIVIDER
Any person or entity commencing proceedings under this chapter to effect the subdivision of land hereunder.
SUBSTANTIAL IMPROVEMENT
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.
SWIMMING POOL, PRIVATE
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.
SWIMMING POOL, PUBLIC OR COMMERCIAL
Any swimming pool, spa or hot tub which does not meet the definition of private swimming pool.
THEATER
A structure designed and used for the presentation of motion pictures or stage entertainment.
TIDAL FLOOD HAZARD AREA
A flood hazard area which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
TOWNSHIP ENGINEER
The duly appointed Township Engineer for the Township of Toms River or his designee.
TOWNSHIP FORESTER
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.
TREE
Any woody species which reaches a typical mature height of 25 feet and a typical mature DBH of four inches or greater.
TREE MANAGEMENT PLAN
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.
TREE PROTECTION FENCE
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.
TREE PROTECTION ZONE
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.
TREE REMOVAL PERMIT
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.
TRUCK TERMINAL
A location at which trucks are parked or privately serviced, which trucks transport goods or materials not produced, received for sale, warehoused or used in manufacturing at that location.
UNIT COMPLETION
The receipt of any temporary or final certificate of occupancy or final certificate of use.
URBAN ENTERPRISE ZONE
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.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
A. 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
B. 
Designated as CAFRA Centers, Cores or Nodes;
C. 
Designated as Urban Enterprise Zones; and
D. 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
USABLE FLOOR
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]
USE
The specific purpose for which a parcel of land or a building or a portion of a building is designed, arranged, intended, occupied or maintained.
USED AND NEW CAR LOT
An open area used primarily for the storage and sale of operative new or used motor vehicles.
VARIANCE
Permission to depart from the literal requirements of a zoning ordinance pursuant to §§ 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.
VEGETATIVE GROUP
A plant community that, based on species abundances and physical characteristics, is dissimilar from adjacent plant communities.
VETERINARY CLINIC OR HOSPITAL
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.
WATERS OF THE STATE
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.
WETLANDS or WETLAND
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."
WIRELESS TELECOMMUNICATIONS
Terms used in § 348-9.31 are defined as follows:
A. 
ANTENNAA system of electrical conductors that transmit or receive radio frequency signals for wireless communications.
B. 
ANTENNA SUPPORT STRUCTUREA structure other than a telecommunications tower which is attached to a building and on which one or more antennas are located.
C. 
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.
D. 
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.
E. 
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.
F. 
TOMS RIVER COMMUNITYThe Township of Toms River, in the County of Ocean, and State of New Jersey.
G. 
TELECOMMUNICATIONS TOWERA freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.
H. 
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.
YARD
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.
YARD, FRONT
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.
YARD, REAR
A yard extending the full width of the lot between the extreme rear line of the principal building and the rear lot line.
YARD, SIDE
A yard between the principal building and the nearest side line of the lot and extending from the required front yard to the rear yard.
ZONING BOARD OF ADJUSTMENT ENGINEER
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]
M. 
(Reserved)[5]
[5]
Editor's Note: Former Subsection M, Appeal to the governing body, as amended, was repealed 3-25-2014 by Ord. No. 4429-14.
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.
(e) 
Conventional preliminary site plans which:
[1] 
Contain proposed buildings or proposed building additions with a total new floor area in excess of 20,000 square feet; or
[2] 
Contain proposed additional off-street parking areas for 100 or more vehicles.
(f) 
Planned development preliminary site plans or extension of such approval or extension of statutory guaranties.
(g) 
Extension of minor subdivision or minor site plan approval of a variance pursuant to N.J.S.A. 40:55D-70, conditional use permit pursuant to N.J.S.A. 40:55D-67 or direction for issuance of building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36 was granted as part of the preceding application.
(h) 
Extension of approval or extension of statutory guaranties for any final subdivision or final site plan application.
(i) 
Extension of approval or extension of statutory guaranties for any preliminary site plan.
(j) 
Any application to the Board of Adjustment for a certificate of nonconformance pursuant to N.J.S.A. 40:55D-68.
(k) 
Any request to the Planning Board for a zoning change recommendation to the Township Committee.
(l) 
Any request to establish an aircraft landing area.
[Added 8-26-1997 by Ord. No. 3283-97]
(m) 
General development plans pursuant to § 348-13.
[Added 2-23-2022 by Ord. No. 4733-22]
(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
(a) 
Reproduction fees: $25 per sheet of the subdivision map(s) to be filed.
(b) 
Special meetings (requested by applicant): $2,000 per meeting, (3 hours maximum), excluding escrow review fees
(3) 
Amended application (formal hearing). After the Planning Board or Zoning Board of Adjustment has granted approval, an applicant may request amended approval. An amended approval shall be required for any request to increase the approved number of lots or units; to increase the floor area of any commercial or multifamily residential structure; increase the number of required or proposed parking spaces; to substantially modify any significant design detail, including but not limited to grading, drainage, street design or layout, landscaping or architectural design, curbs and sidewalks; to eliminate or modify any condition of approval; or create any new variance or design waiver relief.
(4) 
Amended application/field change approval (Board review required). Where minor changes in the plans have been made by the applicant or requested by other governmental agencies, whose approval was a condition of the Board's approval, involving no additional building area, parking or significant change in design and where such changes are technical in nature and do not affect the basis upon which the approval was granted, and do not require changes in any condition of approval, the applicant, through the Board Engineer, may request that the Board administratively approve the changes. Said administrative approval shall be considered during the next available Board meeting. Additional copies of the plat incorporating the changes as necessary for distribution must be submitted to the Board Engineer.
B. 
Resolution compliance review fee. As a condition of any approval granted by the Board, the applicant shall post an additional escrow fee deposit in an amount equal to 25% of the base escrow fee under Subsection A, unless the Board Clerk determines that funds exist in the applicant's escrow account greater than or equal to 25% of the base escrow fee. Said additional fee shall be posted at the time that the plans, which have been revised in accordance with the resolution of approval, are submitted for compliance review.
C. 
Bond estimate preparation fee. Upon determination by the Board professionals that the plans have been revised in conformance with the resolution of approval, the applicant shall submit a quantity estimate and request the Township Engineer to prepare an estimate of the installation costs of the associated improvements of the approved development. The cost of the preparation of this estimate shall be reimbursed from the escrow review fees previously paid by the applicant.
D. 
Disposition of escrow review fees. The Chief Financial Officer (hereinafter "CFO") of the Township shall segregate the escrow review fees in individual accounts pursuant to N.J.S.A. 40:55D-53.2. Thereafter, the reviewing professionals shall prepare and submit vouchers to the CFO on a monthly basis in accordance with the schedules and procedures of the Township. Said voucher shall identify the personnel performing the service, the date the service was performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred. If the services are provided by a municipal employee, said employee shall prepare and submit to the CFO on a monthly basis a statement containing the same information as required on a voucher. The municipal employee shall charge the escrow account an amount equal to 200% of the sum of the product resulting from multiplying the hour base rate of the employee by the number of hours spent by the employee in reviewing the application or the inspection of the developer's improvements. The method of the notification to the applicant of the charges applied against the escrow account and the close-out procedure relating to the escrowed funds shall be in accordance with the provisions of N.J.S.A. 40:55D-53.2c and d, respectively.
E. 
Disposition of escrow review fees in excess of $5,000. Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with a municipality for professional services employed by the Township to review applications for development, for municipal inspection fees in accordance with N.J.S.A. 40:55D-53h or to satisfy the guarantee requirements of N.J.S.A. 40:55D-53a, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided in this section, shall continue to be the property of the applicant and shall be held in trust by the Township. Money deposited shall be held in escrow. The municipality receiving the money shall deposit it in a banking institution or savings and loan association in this state insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the municipality may retain for administrative expenses a sum equivalent to no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
F. 
Escrow deficiency/replenishment. When it has been determined by the Board Clerk that an escrow account has been depleted by 75% of the original fee or that there exists a deficiency in the escrow account, the Township shall so notify the applicant of the same, via first class mail, and the applicant shall pay any deficiency and replenish the escrow account in an amount equal to 50% of the original escrow deposit. Said payment shall be made to the Township within 10 days following the mailing of the notice. Failure of the applicant to pay any deficiency and/or replenish the escrow account within this time period shall result in the suspension of all work associated with the review, processing and/or inspection of the application until the required payment is made. Notice of the suspension of the review shall be sent to the applicant in a subsequent mailing via first class mail. In the event that said deficiency/replenishment payment is not received by the Township within 20 days of said subsequent mailing, then the Board may dismiss the pending application without prejudice without further notice to the applicant. Any resubmission of an application so dismissed will require the submission of a new complete application, including all associated nonrefundable application fees and escrow deposits.
G. 
Refund of escrow deposits.
(1) 
Upon completion of the application and at the time that the applicant posts all required inspection fees (see Subsection H below), any unused escrow deposits shall be refunded to the applicant. Prior to the execution of a subdivision map or site plan by the appropriate Board officials or the issuance of a zoning permit or building permit, the Board Clerk shall require written confirmation from the Board professionals that there are no outstanding fees in conjunction with the application that are to be charged to the escrow account. In the event that additional fees to be charged to the escrow account are submitted and there is not sufficient funds to pay said fees, the applicant shall be notified to post such additional escrow deposit prior to the execution and release of the subdivision maps or site plan or the issuance of a zoning or building permit.
(2) 
In the event an application is denied, all unused escrow deposits shall be refunded to the applicant within 90 days of the date of the adoption of the resolution of denial.
H. 
Applicant notification to dispute charges and appeal.
(1) 
An applicant shall notify in writing the governing body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements or other charges made pursuant to the provisions of this section. The governing body, or its designee, shall within a reasonable time period attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals established under N.J.S.A. 52:27D-127 any charge to an escrow account or a deposit by any municipal professional or consultant or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to N.J.S.A. 40:55D-53.4. An applicant or his authorized agent shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by this section, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account. An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
(2) 
During the pendency of any appeal, the municipality or approving authority shall continue to process, hear and decide the application for development, and to inspect the development in the normal course, and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.
I. 
Inspection fees.
(1) 
Prior to the signing and recording of the final subdivision plat or the signing and release of the final site plan map or as a condition to the issuance of a zoning permit for the proposed development, the developer shall post a performance guarantee in favor of the Township in an amount equal to 120% of the estimated cost of the associated improvements and shall also post a deposit in the escrow fund to cover the Township's cost for inspecting said improvements in an amount equal to the greater of $500 or 5% of the estimated cost of said improvements.
(2) 
For those developments for which the inspection fees are less than $10,000, the inspection fees may, at the option of the developer, be paid in two installments. When the balance on deposit drops to 10% of the total inspection fee amount because the deposit paid by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining 50% of the inspection fee. For those developments for which the inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial deposit shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the total inspection fee amount because the deposit paid by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the total inspection fee amount. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
(3) 
In the event that the development project has been approved in phases or sections pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall be applied by phases or sections.
J. 
Educational fee. Pursuant to N.J.S.A. 40:55D-8(b), the following fees shall be due and payable in connection with the following categories of land use development applications submitted to the Township Planning Board and Board of Adjustment (hereinafter referred collectively as "the Board"). The fee shall supplement the administrative fees currently charged to applicants and shall be nonrefundable and shall be used solely to offset requisite educational fees incurred by the Board. The fee denoted as “educational fee” shall be utilized exclusively to offset the cost of continuing educational costs and fees incurred by members of the Board as necessitated in order to maintain valid Board status. No application may be deemed complete until all applicable nonrefundable educational fees have been paid as follows:
[Added 10-24-2006 by Ord. No. 4046-06]
(1) 
Major subdivision, site plan approval: $50, due and payable at the time of application for preliminary approval.
(2) 
Variances pursuant to N.J.S.A. 40:55D-70(d): $50, due and payable at the time of application for a conditional use permit.
(3) 
Minor subdivision, minor site plan approval: $25, due and payable at time of submission of application.
(4) 
Variance pursuant to N.J.S.A. 40:55D-70(c) not connected with any other approval: $25, due and payable at time of submission of application.
A. 
Purpose. The purpose of establishing the Site Plan Review Advisory Board includes providing advice and assistance to the Planning Board in achieving the following specific objectives:
(1) 
To promote the goal of fostering civic pride in the beautiful and noble accomplishments of the past by promoting the protection, enhancement and perpetuation of such landmarks which represent or reflect elements of the Township's cultural, social, economic, political and architectural history.
(2) 
To promote the use of historic landmarks for the education, pleasure and welfare of the citizens of the Township and its visitors.
(3) 
To maintain and protect the environmental quality the various areas of the Township offer to their residents and the Township, including scenic vistas, landscaping, waterways and open spaces.
(4) 
To preserve and protect any unique architectural quality.
(5) 
To preserve and protect the quality of planning, including vehicular and pedestrian circulation, balance between buildings and open spaces and harmonious scale of development.
(6) 
To guide future development that is consistent with the existing character, quality and historic significance of the area.
(7) 
To channel private expenditures into development, beautification and maintenance of public areas, parks and landmark buildings.
(8) 
To promote the most desirable use of land and thus to conserve the value of the land and buildings, thereby protecting the Township's tax revenue.
(9) 
To encourage the provisions of facilities to serve visitors, such as recreation and parking facilities.
(10) 
To alleviate vehicular traffic congestion and promote pedestrian circulation.
(11) 
To promote the most desirable use of land in accordance with a well-considered plan to preserve the special character and quality of the Township.
B. 
Creation of the Site Plan Review Advisory Board is hereby authorized. The Board members shall be appointed by the Township Committee.
C. 
Membership and terms.
(1) 
The Board shall consist of five members, appointed to terms of three years. However, members first appointed shall be for the following terms:
(a) 
One member shall be appointed for a one-year term.
(b) 
Two members shall be appointed for a two-year term.
(c) 
Two members shall be appointed for a full three-year term.
(2) 
Thereafter, the successors of each member shall be appointed for the full term of three years. Two alternates may be appointed.
D. 
Qualification of members. Members shall have the following qualifications:
(1) 
A majority of members shall be persons educated, trained or licensed in the fields of architecture, planning, landscape architecture or engineering. At least one of the members shall be an architect. Members should be licensed professionals in the State of New Jersey and/or with professional degrees from an accredited higher education institution. Other fields considered important are ecology, education, architecture or art history, real estate, public relations and government.
(2) 
Not more than one municipal officer, official or employee may be appointed to the Site Plan Review Advisory Board.
(3) 
A member of the Planning Board shall be appointed as liaison to the Site Plan Review Advisory Board by the Chairman of the Planning Board but shall not have a vote on the Site Plan Review Advisory Board.
E. 
Organization. The Board shall elect a Chairman and Vice Chairman to preside at meetings, and the Board shall formulate rules and procedures for the conduct of business and shall meet regularly as appropriate to properly execute its review responsibilities.
F. 
Powers and duties. The Site Plan Review Advisory Board shall:
(1) 
Prepare and submit to the Planning Board, for its approval, architectural guidelines for the restoration of existing structures and new development in the Village Business Zone, the Village Seaport Zone and the Village Office Zone within 120 days (or such extension thereof as the Planning Board may approve) from the date of the first organizational meeting of the Advisory Board which shall be held not later than 30 days after appointment of the full membership of the Advisory Board.
(2) 
Prepare and submit to the Planning Board, for its approval, alternate site development regulations in the Village Business Zone, the Village Seaport Zone and the Village Office Zone within 90 days (or such extension thereof as the Planning Board may approve) from the date of Planning Board approval of the architectural guidelines cited above.
(3) 
Review all plans for the restoration of existing buildings and/or new developments in the Village Business Zone, the Village Seaport Zone and the Village Office Zone, and within 21 days of referral from the Planning Board make recommendations to the Planning Board based upon the architectural guidelines and the regulations of the zoning district.
(4) 
Review any other plans which the Planning Board may refer to the Site Plan Review Advisory Board and, within 21 days of such referral, make recommendations to the Planning Board.
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.
(j) 
A final inspection for a swimming pool is required from the Engineering Department prior to use.[1]
[1]
Editor's Note: Former Subsection A(3)(k), Fee, amended 2-21-2017 by Ord. No. 4534-17, which immediately followed this subsection, was repealed 2-9-2021 by Ord. No. 4685-21.
B. 
Certificates as to approval of subdivision of land.
(1) 
The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three years preceding the effective date of P.L. 1975, c. 291, may apply in writing to the Administrative Officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board, and whenever such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
[Amended 3-11-1980 by Ord. No. 1909]
(2) 
The Administrative Officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said Officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
(3) 
Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land," and shall certify:
(a) 
Whether there exists in Toms River Township a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of P.L. 1975, c. 291.
(b) 
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.
(4) 
The Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to the municipality.
(5) 
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to the provisions of N.J.S.A. 40:55D-55 and § 348-3.11 of this chapter.
(6) 
If the Administrative Officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to N.J.S.A. 40:55D-55 and § 348-3.11 of this chapter.
(7) 
Any such application addressed to the Township Clerk shall be deemed to be addressed to the proper designated officer, and the Township shall be bound thereby to the same extent as though the same was addressed to the designated official.
C. 
Building permit. No building or structure shall be erected, restored, added to or structurally altered until a permit therefor has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the Building Code. No building permit shall be issued unless the applicant shall have first secured a development permit.
D. 
Certificate of occupancy.
(1) 
New uses.
(a) 
No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official. In addition, certificates of occupancy shall not be issued for any change of ownership, change of use or new use other than one- and two-family homes until approval shall have been received from the Toms River Township Bureau of Fire Prevention.
(b) 
Such certificate shall be issued upon application by the owner, prospective occupant or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Building Code and other codes and ordinances affecting construction and occupancy.
(c) 
A temporary certificate of occupancy may be issued pursuant to § 348-7.8 of this chapter for any structure or use for which site plan approval has been secured but for which not all conditions of approval have been complied with.
(2) 
Existing uses.
(a) 
At time of passage of this chapter. Upon written request from the owner, tenant, occupant or purchaser under contract, the Construction Official, after inspection, shall issue an occupancy permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms to the provisions of this chapter.
(b) 
Nonconforming uses and buildings. No change or extension of use and no alterations shall be made in a nonconforming structure, use or premises without an occupancy permit having first been issued by the Construction Official stating that such change, extension or alteration is in conformity with the provisions of this chapter or that same has been permitted by action of the Zoning Board of Adjustment or Planning Board 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.
(4) 
Any person or entity who fails to correct a violation after receiving written notice thereof and expiration of the time period in the notice shall be subject to the fines and penalties established in Subsection A above.
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]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. 
*Where a building lot has frontage on a street which the Master Plan or the Official Map of the Township or the Subdivision and Site Plan Resolution of the County of Ocean indicates is proposed for right-of-way widening or the street does not conform to the minimum right-of-way width requirements in this chapter or the above-indicated documents, the required front yard setback shall be measured from such required or proposed right-of-way line.[2]
[Amended 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
[2]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
C. 
Access to every lot shall conform to the standards of the State Highway Access Management Code or any county or municipal access management code adopted.
[Added 8-14-1992 by Ord. No. 2848-91]
A. 
No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
B. 
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located, except as otherwise provided in this chapter.
C. 
*Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code, including but not limited to sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves; provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter. Unroofed entrance porches, decks, balconies or terraces which do not rise above the height of 36 inches may extend into any required side or rear yard. Unroofed entrance porches, decks, balconies or terraces which do not rise above the height of 12 inches may extend into any required front yard. Notwithstanding the limitations set forth in this subsection, stairs and handicapped ramps may extend into the rear or one side yard, provided that a minimum of three feet of access remains in the other side yard.[1]
[Amended 9-25-1991 by Ord. No. 2859-91; 5-28-2013 by Ord. No. 4403-13]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
D. 
*No structure shall be constructed closer than 20 feet to the water's edge of any stream, lake, lagoon or other body of water. In those zoning districts that have a required 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]
[2]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
E. 
Additions or alterations to existing single-family dwellings that remain within the existing footprint of the enclosed roofed area shall be permitted, provided said additions or alterations do not violate any other requirements of this chapter and meet all front, side and rear yard setbacks for the additions or alterations.
[Added 2-9-1982 by Ord. No. 2068; amended 4-11-1990 by Ord. No. 2729-90; 12-18-2007 by Ord. No. 4123-07]
F. 
*Yard areas. Within any residential zone, no heating, ventilating and/or air-conditioning units, ducts, heaters, furnaces, well pumps or other aboveground mechanicals shall be placed within four feet of any property line or within any front yard setback, except that 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]
[3]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
G. 
Where a commercial use or structure is proposed to be constructed, expanded or otherwise altered which requires site plan approval pursuant to this chapter and such commercial use is situated in a commercial zoning district which abuts a residential zoning district, the minimum setback required of that yard in a commercial zoning district immediately abutting said residential zone shall be twice the minimum setback otherwise required by this chapter. These restrictions shall not apply to the GB Zone.
[Added 4-25-2006 by Ord. No. 4000-06; amended 12-18-2007 by Ord. No. 4123-07]
[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.
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
A. 
*On all corner lots, the depth of all yards abutting on streets shall not be less than the minimum front yard depth required on all adjoining interior lots fronting on such street. However, provisions of this section shall not apply so as to reduce the buildable width to less than 50% of any lot less than 100 feet in width. No corner lot setback shall, in any case, be less than 20 feet, unless otherwise permitted in this chapter.[1]
[Amended 9-25-1991 by Ord. No. 2859-91]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. 
*Where the corner lot abuts interior lots located in an adjoining zone having lesser front setback requirements, buildings may assume the minimum front setback dimension of the adjoining zone only if the adjoining zone is immediately adjacent and contiguous to the property and the proposed building is to be situated within 100 feet of said adjacent zone.[2]
[Amended 9-25-1991 by Ord. No. 2859-91]
[2]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
C. 
Lot lines of corner lots that are coexistent with side lines of abutting lots shall be considered side lines.
D. 
Lot lines of corner lots that are coexistent with rear lines of adjoining lots shall be considered rear lines.
E. 
Lot lines of corner lots that are coexistent with lot lines of adjoining corner lots shall be considered side lines.
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.
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
[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.
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
[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.
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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.
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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.
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
[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]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(2) 
*A travel trailer, camper or small boat shall not exceed 28 feet in length and 10 feet in width and a single-axle noncommercial open/unenclosed trailer shall not exceed 20 feet in length and 10 feet in width.[2]
[2]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(3) 
*Only one such travel trailer, 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]
[3]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(4) 
All watercraft less than 12 feet in length, including row boats, canoes, personal watercraft, jet skis, sail boats and other such watercraft, shall be exempt from the provisions of this section when located in the R-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.
(5) 
*Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections.[4]
[4]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(6) 
Notwithstanding the requirements of § 348-5.5D of this chapter, the storage of small boats on davits over dry land and/or lagoons will be permitted.
(7) 
The storage of trailers capable of transporting vessels larger than small boats is prohibited.
(8) 
*Any such trailer or small boats stored in accordance with this section shall be duly registered.[5]
[5]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. 
The outdoor storage of an unoccupied recreational vehicle or motor home shall be permitted on single-family properties, provided that:
(1) 
*In all residential zones, except R-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.[6]
[6]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(2) 
*Recreational vehicles or motor homes that exceed 28 feet in length may be stored only within the required building setback lines.[7]
[7]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(3) 
*Any such vehicles stored in accordance with this section shall be duly registered and shall not be occupied and shall not be provided with utility connections.[8]
[8]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
[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:
A. 
Adherence to the minimum health standards established and administered under the provisions of Chapters 165 and 516 of the Code of the Township of Toms River.
B. 
*Structures used for the sheltering of horses shall not be located closer than 50 feet to any property line nor closer than 150 feet to any residence on another lot.[1]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. 
The raising of vegetables and fruits for personal use, but not for sale, shall be permitted on any lot in any zone.
[Added 10-13-1998 by Ord. No. 3372-98]
A. 
The right to farm all land is hereby recognized to exist as a natural right and is also hereby ordained to exist as a permitted use in all zones where it currently legally exists or is currently an allowed use under this chapter and all other ordinances of the Township, county and state dealing with health, sanitation and environmental protection. The "right to farm," as it is used in this section, includes the use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, farm laborers and the application of chemical fertilizers, insecticides and herbicides, as well as other mechanized equipment and modern procedures, including composting and on-site disposal of organic waste, all for the purpose of producing from the land agricultural products such as but not limited to vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds, as well as the propagation and maintenance of horses, cows and other grazing livestock, fowl production, the maintenance of swine (as per and in accordance with Board of Health regulations) and providing for the processing and packaging, wholesaling and retailing of such products as contribute to farm income, including the construction of buildings, fences and parking areas in conformance with Township codes. Livestock fencing shall conform to the use intended and shall require a permit with no fee.
B. 
Definitions. For the purposes of interpretation of this chapter, the following definitions shall apply:
COMMERCIAL AGRICULTURE
The production principally for sale to others of plants and animals or their products, including but not limited to forage and sod crops, grain and feed crops, dairy animals and dairy products, livestock, including beef cattle, poultry, sheep, swine, horses, ponies, mules and goats; the breeding and grazing of such animals, bees and apiary products, fruits of all kinds, including grapes, nuts and berries; vegetables, nursery, floral, ornamental and greenhouse products.
FARM
An area of land of single or multiple contiguous or noncontiguous parcels which is actively devoted to agricultural or horticultural use, including but not limited to crop land, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and certain farm buildings and other enclosures related to agricultural pursuits.
HOME AGRICULTURE
The production principally for home use or consumption of plants, animals or their products and for sale to others where such sales are incidental, including but not limited to gardening, fruit production and poultry and livestock products for household use only.
C. 
The foregoing uses and activities included in the right to farm, when reasonable and necessary for the particular agricultural/farming, livestock and/or fowl production and when conducted in accordance with generally accepted agricultural/farming practices, can and may occur on holidays, Sundays and weekdays, at night and in the day, and the usual noise, odors, dust and fumes that are caused by them are also specifically permitted as part of the exercise of this right.
D. 
It is expressly found that whatever inconveniences may be caused to others not of the farming community by such uses and activities so conducted is legal for the farmer and is more than offset by the benefits from farming to the neighborhood, community and to society in general, by the preservation of open space, the beauty of the countryside and clean air and by the preservation and continuance of farming operations in Toms River Township and in New Jersey as a source of agricultural products for this and future generations.
E. 
If a developer plans to build or sell 10 or more homes by creating a new subdivision or site plan with multifamily development in an area within 500 feet in any direction of a property currently in active farm use or zoned to allow said use, the developer or his or her agent must inform prospective purchasers, in writing, that they are near or next to an active farm and therefore may be subjected to such usual noises, odors, dust and/or fumes that an active farm may normally have. Furthermore, they should be aware of this § 348-5.25.1 which allows the farmer to pursue his endeavors without complaints and/or harassment. Also, any such development that occurs in the area of an active farm use shall do so in a manner so as not to infringe oh the rights of the farm. Particular attention must be paid to the water problems in said area as well as environmental issues. Such development cannot and will not cause flooding problems for the farmer or the neighborhood. Furthermore, if a development is erected next to an active use, the developer must erect and maintain a buffer use of at least 50 feet on his property for protection of both the existing farm and the new development.
F. 
In an effort to preserve and continue farming in the Township of Toms River, residents involved in active farming and agricultural pursuits should and can be allowed to construct buildings on their land that are directly related to the farming pursuit, e.g., barns, storage buildings, equipment buildings, etc. Said buildings must be erected in accordance with Township building codes and shall follow the schedule as set for the Township.
G. 
These statements are of a general intent and meant to express a basic philosophy by which all other ordinances are to be considered and interpreted.
[Amended 6-12-1984 by Ord. No. 2246-84]
A. 
*No person, firm or corporation shall park or store, between the hours of 9:00 p.m. and 6:00 a.m., a motor-drawn vehicle, omnibus, pole trailer, road tractor or commercial motor vehicle upon any land, property or lot which is primarily used or zoned for residential purposes. The words and phrases stated and used in this section are intended to have the meanings set forth for such words and phrases respectively as set forth in Subtitle 1 of Title 39 of the New Jersey Revised Statutes.[1]
[Amended 9-25-1991 by Ord. No. 2859-91]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. 
The provisions of this section shall not apply to the following:
(1) 
One commercial vehicle having a gross weight of four tons or less.
[Amended 2-22-1995 by Ord. No. 3084-95]
(2) 
Any vehicles used at or stored upon an active construction site.
C. 
No vehicle which contains, carries or transports hazardous materials and which is or should be placarded according to and complying with the Department of Transportation Hazardous Materials Regulations as published in Code of Federal Regulations, Title 49, shall be parked or stored in the Township of Toms River unless such area or place for parking or storage has received approval for such use by the appropriate agencies of the Township of Toms River. No such area shall be approved for parking or storage of such vehicles unless such area or place is sufficiently secured by fencing so as to prevent any tampering with such vehicle. In determining the suitability of such fences, review shall be in conformance with the standards of § 348-8.13, Fences, of the Land Use and Development Regulations of the Code of the Township of Toms River.
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.
[1]
Editor's Note: Former § 348-5.28, Municipal wetlands permit, was repealed 12-12-2017 by Ord. No. 4562-17. For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
[2]
Editor's Note: "This ordinance" refers to Ord. No. 4649-19, adopted 11-12-2019.
[Amended 9-25-1991 by Ord. No. 2859-91]
A. 
Freestanding radio and television antennas shall only be placed in the rear yard area and shall be located no closer than 15 feet to any property line.
B. 
Freestanding antennas over 20 feet in height or antennas extending 20 feet above the point of attachment to a building shall be built to withstand winds of 100 miles per hour.
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
A. 
All new construction and substantial improvements to residential structures shall have the lowest floor, including basements, elevated to or above the base flood level, unless the Township is granted an exception by the Federal Insurance Administration for the allowance of basements and/or storm cellars.
B. 
All new construction or substantial improvements to nonresidential structures shall have the lowest floor, including basements, elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Where floodproofing is utilized for structures constructed below the base flood elevation, a registered New Jersey professional engineer and/or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressure, velocities, impact and uplift forces and other factors associated with the base flood. The Construction Official shall maintain a record of such certificates indicating the specific elevation, in relation to mean sea level, to which such structures are floodproofed.
C. 
Plans submitted with applications for building permits for all new construction or substantial improvements to residential and nonresidential structures on land having an elevation of less than the base flood elevation and/or within any "A" Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration shall include the elevation of the first finished floor and the elevation of the basement or cellar, where provided. Data shall be United States Coast and Geodetic Survey data (MSL-0) and the source of data shall be noted. The Construction Official shall maintain a record of all such first finished floor, basement and cellar elevations submitted.
D. 
Prior to the issuance of any building permit on land located within an unnumbered "A" Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, the applicant shall undertake and submit such studies as are necessary to determine the base flood elevation.
E. 
Whenever an applicant proposes to alter or relocate a watercourse, he shall notify adjacent communities and the New Jersey Department of Environmental Protection and submit copies of such notification to the Federal Insurance Administration. The design of the alteration or relocation of any watercourse shall be required to demonstrate that the flood-carrying capacity of the watercourse is maintained.
F. 
All mobile homes located on land having an elevation less than the base flood elevation shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be as follows:
(1) 
Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, and mobile homes less than 50 feet long shall require one additional tie per side.
(2) 
Frame ties shall be provided at each corner of the home, with five additional ties per side at intermediate points, and mobile homes less than 50 feet long shall require four additional ties per side.
(3) 
All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
(4) 
Any additions to the mobile home be similarly anchored.
G. 
All new mobile home parks, expansion to existing mobile home parks, and existing mobile home parks where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced, located on land having an elevation below the base flood elevation, shall make provision that stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level, adequate surface drainage and access for a hauler are provided and, in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for pilings more than six feet above the ground level.
H. 
New mobile home parks shall not be permitted within any floodway or flood hazard area.
I. 
All mobile homes, not within mobile home parks, which are located on land having an elevation below the base flood elevation shall make provision that stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level, adequate surface drainage and access for a hauler are provided and, in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for piers more than six feet above ground level.
J. 
Along the Atlantic Ocean within Zone V6, as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, no new buildings shall be permitted, and any substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such piles or columns so that the lowest portion of the structural members of the lowest floor, excluding the pilings or columns, is elevated to or above the base flood level, and a registered professional engineer or architect shall certify that the structure is securely anchored to adequately anchored pilings or columns in order to withstand high-velocity waters and hurricane wave wash. The space below the lowest floor shall be free of obstructions or be constructed with breakaway walls intended to collapse under stress without jeopardizing the structural support of the structure so that the impact on the structure by abnormally high tides or wind-driven water is minimized. Such temporarily enclosed space shall not be used for human habitation.
K. 
No alteration of sand dunes and their natural vegetation which would increase potential flood damage shall be permitted.
L. 
No building, structure or use shall be permitted within floodways or flood hazard areas as defined in Chapter 313, Flood Damage Prevention, of the Code of the Township of Toms River, except in accordance with a permit issued under that chapter.
M. 
With any application for development on land located within a floodway and/or having an elevation of less than the base flood elevation, the Planning Board shall require that the applicant submit a plan, certified by a registered New Jersey professional engineer and/or registered architect, of the flood protection measures to be taken. Such flood protection measures shall include, where applicable, the following:
(1) 
Anchoring to resist flotation, collapse and lateral movement.
(2) 
Installation of watertight doors, bulkheads and shutters, or similar methods of construction to protect against winds or wave action.
(3) 
Reinforcement of walls to resist water pressures.
(4) 
Use of paint, membranes or mortars to reduce seepage of water through walls.
(5) 
Addition of mass or weight to structures to prevent flotation or lateral movement.
(6) 
Installation of pumps to lower water levels in structures.
(7) 
Construction of water supply and waste treatment systems so as to prevent the infiltration of floodwaters.
(8) 
Pumping facilities or comparable practices for subsurface drainage system for buildings to relieve external foundation wall and basement flood pressures.
(9) 
Construction to resist rupture or collapse caused by water pressure or floating debris.
(10) 
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwaters into the buildings or structures. Gravity drainage of basements may be eliminated by mechanical devices.
(11) 
Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure that they are not subject to flooding and to provide protection for inundation by the base flood.
(12) 
Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety and welfare in a manner which will assure that the facilities are situated at elevations above the base flood elevation or are adequately floodproofed to prevent flotation of storage containers or damage to storage containers which could result in the escape of toxic materials into floodwaters.
(13) 
Location and construction of parking areas and access drives to permit safety of access for emergency vehicles in times of flood.
[1]
Editor's Note: See also Ch. 313, Flood Damage Prevention.
As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Planning Board or to its designated representative, that the proposed use, structure, process or equipment will conform fully to all of the applicable performance standards. As evidence of compliance, the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The Planning Board may require that specific types of equipment, machinery or devices be installed or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes. The Planning Board and/or governing body may require that instruments and/or other devices or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use, and the cost thereof shall be borne by the owner, applicant or specific use in question.
A. 
Conditional permit.
(1) 
In the event that a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this section, the Planning Board may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.
(2) 
Within 30 days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence submitted that all standards established by this section have been met.
B. 
Noise.
(1) 
Any noise produced on the premises shall not be in excess of the standards listed below when measured at any property line of the lot on which the use is located:
Frequency Band
(cycles per second)
Sound Pressure Level
(decibels re 0.0002 dyne/cm 2)
20 - 75
69
75 - 150
54
150 - 300
47
300 - 600
41
600 - 1,200
37
1,200 - 2,400
34
2,400 - 4,800
31
4,800 - 10,000
28
(2) 
If the noise is not smooth and continuous, but is of an impulsive or periodic character, the decibel levels indicated above shall be reduced by 15%.
C. 
Air pollution. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Township. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented, and all the following provisions stated, whichever shall be more stringent, shall be complied with.
(1) 
Smoke. In any nonresidential zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 30 consecutive minutes.
(2) 
Solid particles.
(a) 
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission, in pounds per hour, established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
(b) 
In any other zone, except the Industrial Zone, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Code.
(c) 
In the Industrial Zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.
(d) 
No open building shall be permitted in any zone.
(e) 
All incinerators shall be approved by the State Department of Environmental Protection.
(f) 
Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.
(3) 
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained. Table I (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted October 1968 by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
D. 
Liquid waste. No liquid waste shall be discharged into any watercourse or sewage collection and disposal system, except in accordance with plans approved by the Toms River Township Sewerage Authority and, where required, by the New Jersey Department of Environmental Protection.
E. 
Solid waste. All uses in the Township shall:
(1) 
Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.
(2) 
Comply with all applicable provisions of the Air Pollution Control Code.
(3) 
Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council of the State Department of Environmental Protection.
(4) 
Permit no accumulation on the property of any solid waste, junk or other objectionable materials.
(5) 
Not engage in any sanitary landfill operation on the property, except as may be permitted by other Township codes and ordinances.
F. 
Radiation. All use of materials, equipment or facilities which are or may be sources of radiation shall comply with all controls, standards and requirements of the Atomic Energy Act of 1954, as amended, and any codes, rules or regulations promulgated under such Act, as well as the Radiation Protection Act, P.L. 1958, c. 116, as amended, whichever shall be more stringent.
G. 
Fire and explosion hazards. If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Planning Board may require the applicant to supply proof of:
(1) 
Approval of the use, structure, process or resulting product or material from the State Department of Labor and Industry indicating that adequate safeguards against fire and explosion have been or will be taken or installed.
(2) 
Approval from the Township Fire Prevention Bureau that the applicant has complied with all applicable Township fire prevention regulations.[1]
[1]
Editor's Note: See Ch. 308, Fire Prevention and Protection.
H. 
No activity shall be maintained on the premises which will produce heat or glare beyond any property line.
I. 
No machinery or operation shall be permitted which shall cause perceptible earth-shaking vibration beyond the property lines of the lot on which the use is located.
J. 
Storage of flammable material. The storage of all flammable and combustible liquids and gases shall be subject to approval by the Fire Prevention Bureau and the following regulations:
(1) 
The storage of fuel oil in aboveground tanks of a capacity greater than 275 gallons, or of a capacity greater than 10 gallons within structures, shall be prohibited in residential areas or in connection with residential uses. (Gallonage shall be determined by water capacity measurement.)
(2) 
The aboveground storage of any other flammable liquids or materials in tanks of a capacity greater than five gallons or combustible liquids or materials greater than 60 gallons and all underground storage of any other flammable or combustible liquids or materials, including dispensing equipment, shall be prohibited in residential areas. (Gallonage shall be determined by water capacity measurement.)
(3) 
The storage of liquefied petroleum gases or other types of bottled gas, supplied or delivered for residential consumption, shall be limited to a tank or tanks with a combined equivalent water capacity of 500 gallons for each residential dwelling or structure serviced.
(4) 
All installations of storage tanks for liquefied petroleum gas or other types of bottled gas with a combined equivalent water capacity in excess of 1,200 gallons shall comply with all requirements of the Fire Prevention Code,[2] and all installations of storage tanks for liquefied petroleum gas or other types of bottled gas with a combined equivalent water capacity in excess of 4,000 gallons shall be prohibited in areas not served by public water mains and fire hydrants complying with the requirements of the Fire Prevention Code. The bulk storage, processing or manufacturing of liquefied petroleum gas or other types of bottled gas or facilities therefor shall not be permitted in any residential zone.
[2]
Editor's Note: See Ch. 308, Fire Prevention and Protection.
(5) 
All installations of flammable or combustible liquids, compressed gases or other hazardous fuels shall comply with the requirements of the Toms River Township Fire Prevention Code and amendments thereto.
K. 
Fire-resistant construction. All new construction and additions shall be fire-resistant construction in accordance with the requirements of the State Uniform Construction Code.
L. 
Lighting and illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
(1) 
The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandle beyond any property line.
(2) 
Spotlights or other types of artificial lighting that provides a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property lines.
(3) 
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.
It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition all buildings and land in the Township of Toms River which he owns, uses, occupies or has maintenance responsibility for. In addition to the regulations set forth in Chapter 210, Building Maintenance, and Chapter 399, Property Maintenance, of the Code of the Township of Toms River, land uses within the Township of Toms River shall also be maintained in accordance with the following regulations:
A. 
Maintenance of all land uses within the Township shall include but is not limited to the following:
(1) 
Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of 30 days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
(2) 
Paint striping, traffic control signs and markings and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
(3) 
Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians or are unsightly.
(4) 
Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
(5) 
All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping carts or similar items shall be either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours. Shopping carts shall be marked with the name of the establishment, the title and telephone number of the person responsible for maintenance of the shopping carts and a notice that they are not to be removed from the property on which the business is located. If shopping carts are removed from the property and abandoned, they shall be picked up by the business to which the cart belongs within 24 hours of notice from the Township. Failure to pick up such shopping carts within 24 hours of notice shall be a violation of this chapter, subject to the penalties prescribed herein.
(6) 
All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced. If such plantings are required under this article, they shall be replaced only. All lawn or other nonpaved areas shall be kept trimmed and free from weeds and other noxious growth.
(7) 
Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
(8) 
All refuse stored outdoors shall be kept within containers having lids, in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within side or rear yard areas and shall not be so located as to interfere with vehicular or pedestrian circulation.
(9) 
All outdoor lighting shall be maintained in a working condition.
B. 
All land uses for which future development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision in a safe and orderly condition. In addition to the maintenance responsibilities specified in Subsection A above, additional maintenance responsibilities shall include but are not limited to the following:
(1) 
All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first 30 days of the next planting season.
(2) 
Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such area. Refuse containers located elsewhere on the site shall not be permitted.
C. 
Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall be a violation of this chapter subject to the penalties prescribed in § 348-3.11 of this chapter.
[1]
Editor's Note: See also Ch. 335, Housing and Rental Property Standards, and Ch. 399, Property Maintenance.
[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.
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
[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:
A. 
*Display or storage of vehicles:[1]
[Amended 12-9-2003 by Ord. No. 3843-03]
(1) 
Front setback: 35 feet, except 50 feet along Route 9.
(2) 
Rear yard setback and side yard setback: 25 feet.
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. 
*No storage of vehicles awaiting service or repair shall be permitted within any yard area and any overnight storage area shall be enclosed with suitable fencing and shall be screened from public view.[2]
[2]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
C. 
*Fuel pump setbacks:[3]
(1) 
Front setback: 35 feet, except 50 feet in the Rural Highway Business Zone and 65 feet along Route 9.
(2) 
Side yard and rear yard setbacks: 35 feet.
[3]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
D. 
*Canopies shall be permitted to be constructed not closer than the required parking setback or 25 feet, whichever is greater, and not closer to any side or rear property line than the minimum principal building setback. Any such canopy shall either be attached to or separated by not less than five feet in a horizontal direction from any other building on the site except any building which is entirely under said canopy. All canopies shall be included in any maximum lot coverage by buildings calculation.[4]
[Amended 12-9-2003 by Ord. No. 3843-03]
[4]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
E. 
All fuel tanks shall be installed underground.
F. 
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
G. 
Any repair or service of motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicles may be stored out of doors.
H. 
*No motor vehicle repair garage or service station shall be located within 500 feet of any public entrance to a school, library, hospital or fire station. The distance shall be measured in a straight line along the center line of the streets forming the shortest route from the point opposite the nearest boundary from said public entrance to a point opposite the nearest boundary of the property in question.[5]
[5]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
I. 
Any outdoor display of goods shall be in accordance with the applicable provisions of § 348-5.20 or those requirements noted above.
J. 
Facilities established for the purpose of storing vehicles shall comply with § 348-8.6, Bulk storage.
[Added 12-9-2003 by Ord. No. 3843-03]
K. 
For the purposes of this chapter, automobile facilities shall include those uses engaged in the rental/lease/sale, repair, service or storage of vehicles, including but not limited to trailers, trucks, autos, boats, equipment, water craft, etc.
[Added 12-9-2003 by Ord. No. 3843-03]
[Added 8-14-1991 by Ord. No. 2848-91]
Hotels and motels may be permitted in those zones specified and shall comply with the following:
A. 
*Minimum lot area per unit: 1,500 square feet.[1]
[Amended 9-25-1991 by Ord. No. 2859-91]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. 
Efficiency apartments may be permitted by the Planning Board, provided that the applicant satisfactorily demonstrates that they will be used primarily for transients.
C. 
*Minimum number of units: 20.[2]
[Amended 9-25-1991 by Ord. No. 2859-91]
[2]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
D. 
No additional parking shall be required for swimming pools, provided that the pools are not open for use by the general public but are primarily for the use of the guests at the hotel or motel. Swimming pools shall otherwise be subject to the provisions of § 348-8.8 of this chapter.
[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:
A. 
Swimming pools shall be subject to § 348-8.8 of this chapter.
B. 
Any quasi-public or private organization which operates the above and restricts the use of the facilities provided shall furnish the 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]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
[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.
(3) 
Recreational vehicles subject to § 348-5.23 of this chapter.
(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:
(1) 
Site plan.
(2) 
Subdivision.
(3) 
Variance.
(4) 
Conditional use.
(5) 
Direction for issuance of a building permit.
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.
(j) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(3)(j), which required a copy of applicable covenants or deed restrictions or proof that none existed, was repealed 9-14-1982 by Ord. No. 2116.
(k) 
Proposed lot and block numbers approved by the Township Engineer.
(l) 
Such other information as the Planning Board and/or Planning Board Engineer may require or request during the review of the application for classification and approval as a minor subdivision.
C. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C, which required that minor subdivision applications be referred to the Classification Committee, was repealed 2-9-1982 by Ord. No. 2068.
D. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D, which dealt with the vote of the Classification Committee on minor subdivision applications and subsequent referral to the Planning Board for public hearing, was repealed 2-9-1982 by Ord. No. 2068.
E. 
Conditions of approval. Any approval of an application for development for a minor subdivision granted by the Classification Committee or the Planning Board shall be subject to the following conditions being satisfied prior to signing of the plat or issuance of a development permit:
(1) 
Installation of or posting of performance guaranties for the installation of any improvements required by the Planning Board.
(2) 
Proof of payment of any outstanding real estate taxes.[4]
[Added 6-11-1985 by Ord. No. 2329-85]
[4]
Editor's Note: Former Subsection E(2), which required payment of any outstanding real estate taxes, was repealed 2-9-1982 by Ord. No. 2088.
(3) 
Ocean County Planning Board approval, if not previously granted.
(4) 
Toms River Sewerage Authority approval or waiver of sewer requirements, if not previously granted.
(5) 
Payment of the required reproduction fee.
(6) 
Submission of additional prints of the plat map and attachments for distribution, if required.
(7) 
Publication of a notice of the decision by the applicant.
(8) 
Any other conditions which may be imposed by the Planning Board or which may be required by federal, state or local law.
(9) 
When improvements are required in public rights-of-way, evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, identifying and saving harmless the Township of Toms River and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementing of the approved subdivision. The insurance policy shall provide for 30 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.
[Added 5-22-1984 by Ord. No. 2244-84]
(10) 
Any minor subdivision approval shall expire unless the plat or deed describing the subdivision is filed as provided with the county recording officer within 190 days of the date of the resolution of approval or such further time in accordance with § 348-3.1J(1)(d) herein.
[Added 5-13-1992 by Ord. No. 2911-92]
(11) 
Proof of filing of a developer's agreement in the Ocean County Clerk's Office. Prior to filing, the developer must execute the agreement with the Township governing body to guarantee the installation of improvements.
[Added 12-9-2003 by Ord. No. 3843-03]
F. 
Certification. In the event that the application for development for a minor subdivision is approved, a certification to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Classified and approved as a minor subdivision by the Toms River Township Planning Board on ________________________.
______________________
Chairperson
Attest:
_______________________
Secretary
______________________
Date
This plat (or a deed describing this subdivision) must be filed in the office of the Clerk of Ocean County on or before ________________, which date is 190 days after approval as a minor subdivision by the Toms River Township Planning Board
______________________
Secretary
shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board and the Township Engineer (as to the Map Filing Law certification) after they receive a certification from the Administrative Officer that the conditions of approval have been satisfied. After signature, the plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to the applicant for filing.
G. 
Filing of approved plat. If the applicant desires to proceed with a subdivision for which approval as a minor subdivision has been granted, he shall file with the county recording officer a deed or an approved minor subdivision plat, drawn in compliance with Chapter 141 of the Laws of 1960, as amended and supplemented, within 190 days or such further time as provided in accordance with § 348-3.1J(1)(d) from the date of approval by the Planning Board. The applicant shall, within one week after filing the subdivision, notify, in writing, the Township Engineer of the date of the filing of the subdivision with the county recording officer and the case and sheet or page number for the filed plat or deed. A duplicate tracing of the filed map or copy of the deed indicating thereon the filing date shall be obtained from the county recording officer by the Township Engineer, who shall distribute copies of the filed map to appropriate municipal officials. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire.
[Amended 2-9-1982 by Ord. No. 2008; 5-13-1992 by Ord. No. 2911-92]
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]
(9) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(9), which required indication of topographical features of a physical or engineering nature, was repealed 9-14-1982 by Ord. No. 2116.
(10) 
All existing structures on the site and within 200 feet, including the use thereof, indicating those to be destroyed or removed and those to remain.
(11) 
Location, use, finished grade level, ground coverage, first floor and basement elevations, front, rear and side setbacks of all buildings and other pertinent improvements.
(12) 
Existing and proposed public easements or rights-of-way and the purposes thereof.
(13) 
Zone boundaries and Tax Map sheet, lot and block numbers and names of owners of all properties within 200 feet of the site.
(14) 
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 500 feet of the subdivision.
[Amended 2-9-1982 by Ord. No. 2068]
(15) 
The capacity of off-street parking areas and the location and dimensions of all access drives, aisles and parking stalls.
(16) 
The location and size of proposed loading docks.
(17) 
Location of curbs and sidewalks.
(18) 
Cross section(s) showing the composition of pavement areas, curbs and sidewalks.
(19) 
Exterior lighting plan, including the location and drawn details of all outdoor lighting standards and fixtures and a notation on the plat indicating conformance or nonconformance with the minimum design standards of the Toms River Township Land Use and Development Regulations.
[Amended 2-9-1982 by Ord. No. 2068]
(20) 
Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub and the location, type and amount of each type of ground cover to be utilized.
(21) 
Location of signs and drawn details showing the size, nature of construction, height and content of all signs.
(22) 
Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.
(23) 
Floor plans and building elevation drawings of any proposed structure or structures, or existing structures to be renovated.
(24) 
Written description of the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards. The written description of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site and provisions to be made for site maintenance.
(25) 
Such other information as the Planning Board and/or Planning Board Engineer may request during site plan review.
C. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C, which required that minor site plan applications be referred to the Classification Committee, was repealed 2-9-1982 by Ord. No. 2068.
D. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D, which dealt with the vote of the Classification Committee on minor site plan applications and subsequent referral to the Planning Board for public hearing, was repealed 2-9-1982 by Ord. No. 2068.
E. 
Conditions of approvals. Any approval of an application for development for a minor site plan granted by the Planning Board shall be subject to the following conditions being satisfied prior to signing of the site plan or issuance of a development permit:
[Amended 2-9-1982 by Ord. No. 2068]
(1) 
Installation and approval of, or posting of performance guaranties for the installation of, those improvements which are necessary to protect adjacent property and the public interest in the event that development of the site was not completed.
(2) 
Proof of payment of any outstanding real estate taxes.[4]
[Added 6-11-1985 by Ord. No. 2329-85]
[4]
Editor's Note: Former Subsection E(2), which required payment of any outstanding real estate taxes, was repealed 2-9-1982 by Ord. No. 2068.
(3) 
Ocean County Planning Board approval, if not previously granted.
(4) 
Bureau of Fire Prevention approval, if not previously granted.
(5) 
Toms River Sewerage Authority approval or waiver of sewer requirements, if not previously granted.
(6) 
Submission of additional prints of the site plan and attachments for distribution, if required.
(7) 
Payment of required reproduction fee.
(8) 
Filing of an appropriate instrument with the Ocean County Clerk consolidating the lots constituting the site, if required.
(9) 
Publication of a notice of the decision by the applicant.
(10) 
Any other conditions which may be imposed by the Planning Board or which may be required by federal, state or local law.
(11) 
When improvements are required in public rights-of-way, evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, identifying and saving harmless the Township of Toms River and its agencies, employees and agents from any liability for any acts of the developer or his agents, contractors or employees in the implementing of the approved site plan. The insurance policy shall provide for 30 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner, developer or builder to carry on the construction of the site without having current valid evidence of insurance on file.
[Added 5-22-1984 by Ord. No. 2244-84]
F. 
Certification. In the event that the application for development for a minor site plan is approved, a certification to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Approved as a minor site plan by the Toms River Township Planning Board on ___________________.
______________________
Chairperson
Attest:
_______________________
Secretary
______________________
Date
shall be endorsed on the site plan, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Administrative Officer that all conditions of approval have been satisfied. After signature, the site plan shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to applicant.
G. 
Effect of approval. The approval of a minor site plan shall expire two years after the date of approval or within such further time as provided in accordance with § 348-3.1J(2)(c), if a building permit or, where a building permit is not required, a certificate of occupancy has not been obtained.
[Amended 5-13-1992 by Ord. No. 2911-92]
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:
(1) 
Payment of required reproduction fee.
(2) 
Submission of additional prints of the plat map and attachments for distribution, if required.
(3) 
Any other conditions which may be imposed by the Planning Board.
E. 
Certification. In the event that the application for development for a sketch plat of a major subdivision is approved, a certification to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Approved with regard to general planning and design concepts as a sketch plat of a major subdivision by the Toms River Township Planning Board on ___________________.
______________________
Chairperson
Attest:
_______________________
Secretary
______________________
Date
shall be endorsed on the sketch plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Administrative Officer that all conditions of approval have been satisfied. After signature, the sketch plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to the applicant.
F. 
Applicant's rights upon approval. Approval of a sketch plat shall confer upon the applicant, for a period of one year following the date of sketch plat approval by the Planning Board, the right to submit an application for development for a preliminary plat conforming to the approved sketch plat.
A. 
Submission optional. Applicants are encouraged to submit a sketch plat of a major site plan during the early design stages containing that information necessary to form a basis for discussions of alternatives for development. A detailed review of a sketch plat will minimize the necessity of major revisions in the more involved and detailed preliminary plat submission. Application fees paid at the sketch plat submission stage will be deducted from the required application fees at the preliminary plat stage.
B. 
Required documents. Prior to issuance of a certificate of completeness or scheduling of a sketch plat of a major site plan for public hearing before the Planning Board, the Administrative Officer shall determine that the following have been submitted in proper form:
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(1), which required submission of a report from the Township Engineer and Planning Board Engineer, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Application fees.
(3) 
Eight copies of a plat and attachments meeting the requirements set forth below (to the extent that the Planning Board determines such information is necessary to evaluate the proposal and discuss alternatives).
[Amended 2-9-1982 by Ord. No. 2068; 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96]
C. 
Plat requirements.
(1) 
General requirements. The sketch plat shall be based on a land survey, a deed plotting, the current Tax Map or other suitable base map and shall be drawn at a scale not less than one inch equals 50 feet nor greater than one inch equals 10 feet. If the size of the site would require the use of sheets larger than 30 inches by 42 inches in order to show the entire site on one sheet, the detailed information for the site plan shall be shown in sections on sheets not larger than 30 inches by 42 inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one inch equals 200 feet.
(2) 
Title block. The title block shall appear on all sheets and shall include:
(a) 
Title of "Sketch Plat — Major Site Plan."
(b) 
Name of development.
(c) 
Tax Map sheet, block and lot number of the site, as shown on the latest Township Tax Map, the date of which should also be shown.
(d) 
Date of original and all revisions.
(e) 
Names and addresses of owner and developer, so designated.
(f) 
Name(s), signature(s), address(es) and license number(s) of engineer, architect, land surveyor or planner who prepared the plan and their embossed seal.
(g) 
If the site plan contains more than one sheet, each sheet shall be numbered and titled.
(3) 
A schedule shall be placed on the site plan indicating:
(a) 
The acreage of the tract and site (the portion of the tract involved in the site plan).
(b) 
The floor area of the existing and proposed buildings, listed separately.
(c) 
The proposed use or uses and the floor area devoted to each use.
(d) 
The zone district in which the site is located.
(e) 
Proposed and required lot dimensions and front, rear and side setbacks.
(f) 
Proposed and required off-street parking spaces.
(g) 
Square footage and percentage of the site retained in unoccupied open space.
(4) 
North arrow and written and graphic scales.
(5) 
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 500 feet of the subdivision.
[Amended 2-9-1982 by Ord. No. 2068]
(6) 
Zone boundaries, Tax Map sheet, lot and block numbers and property lines of parcels within 200 feet of the site, including properties across the street, as shown by the most recent records of the Township, or of adjoining municipalities.
(7) 
The existing direction of surface flow and the system of drainage of the site and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
(8) 
The acreage of the drainage area or areas of each natural or man-made watercourse or conduit receiving runoff from the site including the area upstream from the site.
(9) 
Existing and proposed spot elevations and/or contours.
(10) 
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Planning Board in the determination of floodway and flood hazard area limits.
(11) 
Paving and right-of-way widths of existing streets within 200 feet of the site.
(12) 
The 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:
(1) 
Payment of required reproduction fee.
(2) 
Submission of additional prints of the plan and attachments for distribution, if required.
(3) 
Any other conditions which may be imposed by the Planning Board.
E. 
Certification. In the event that the application for development for a sketch plat of a major site plan is approved, a certification to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Approved with regard to general planning and design concepts as a sketch plat of a major site plan by the Toms River Township Planning Board on ___________________.
______________________
Chairperson
Attest:
_______________________
Secretary
______________________
Date
shall be endorsed on the sketch plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Administrative Officer that all conditions of approval have been satisfied. After signature, the sketch plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to the applicant.
F. 
Applicant's rights upon approval. Approval of a sketch plat shall confer upon the applicant, for a period of one year following the date of sketch plat approval by the Planning Board, the right to submit an application for development for a preliminary plat conforming to the approved sketch plat.
A. 
Required documents. Prior to issuance of a certificate of completeness or scheduling of a preliminary plat of a major subdivision for public hearing before the Planning Board, the Administrative Officer shall determine that the following have been submitted in proper form:
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(1), which required submission of a report from the Township Engineer and the Planning Board Engineer, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Application for preliminary Ocean County Planning Board approval.
(3) 
Application for preliminary Toms River Sewerage Authority approval.
(4) 
Application for land disturbance permit.
(5) 
Application for Bureau of Fire Prevention approval.
(6) 
Copy of application for granting of a Coastal Area Facility Review Act (CAFRA) permit, where required and if submitted.
(7) 
Application for tree removal permit, where required.
(8) 
Traffic Safety Officer's report, where required.
(9) 
Application for floodplain encroachment permit, where required.
(10) 
Application for municipal and/or state wetlands permit, where required.
(11) 
Other submittals which may be required by the Planning Board Engineer, Planning Board or federal, state or local law.
(12) 
The application for development for a preliminary plat of a major subdivision shall include a request for the granting of any variances required or other approvals required from the Planning Board.
(13) 
Required application fees.
(14) 
Ten copies of a plat and attachments meeting the requirements set forth below.
[Amended 2-9-1982 by Ord. No. 2068; 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
B. 
Plat requirements.
(1) 
General requirements. All plats containing proposals or designs for drainage, streets and subdivision layouts shall be prepared by a professional engineer licensed to practice in the State of New Jersey and shall bear the address, signature, embossed seal and license number of said professional engineer. The preliminary plat shall be based on a land survey conducted not more than five years prior to the date of application and certified to the subdivider and shall be drawn at a scale of not less than 100 feet to the inch, for subdivisions up to 100 acres in size and not less than 200 feet to the inch for subdivisions over 100 acres in size and shall show or be accompanied by the information specified below.
(2) 
Title block. The title block shall appear on all sheets and shall include:
(a) 
The title of "preliminary plat — Major Subdivision."
(b) 
Name of subdivision, if any.
(c) 
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.
(d) 
Date of original and all revisions.
(e) 
Names and addresses of owner and subdivider, so designated.
(f) 
Name(s), signature(s), address(es) and license number(s) of the engineer and/or land surveyor who prepared the map. The plat shall bear the embossed seal of said engineer and land surveyor.
(3) 
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 500 feet of the subdivision.
[Amended 2-9-1982 by Ord. No. 2068]
(4) 
A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks, yards and the dimensions and percentage of recreation acreage provided.
(5) 
Zone boundaries and the names of all owners, Tax Map sheet, lot and block numbers and property lines of parcels within 200 feet of the land to be subdivided, including properties across the street, as shown by the most recent records of the Township of Toms River, or of the municipality of which the property is a part.
(6) 
The preliminary plat shall be based on a current certified boundary survey as required above with sufficient lines of the adjoining tracts surveyed to establish any overlap or gap between the adjoining boundary lines and the boundary lines of the tract in question. The date of the survey and the name of the person making the same shall be shown on the map.
(7) 
Contours.
(a) 
Existing one-foot interval contours based on United States Coast and Geodetic Survey data (MSL=0) shall be shown extending a minimum of 100 feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that, where the slopes exceed 5%, a two-foot interval may be used, and if the slopes exceed 10%, a five-foot interval is permissible. The source of elevation datum base shall be noted. If contours have been established by aerial photography, a check profile shall be made on the boundary line of the tract and certified by a New Jersey licensed land surveyor.
(b) 
Ninety percent of elevations interpolated from contour lines will be within 1/2 the contour interval when referred to the nearest bench mark. All spot elevations shall be to the nearest 0.1 foot and accurate to within 0.3 foot.
(c) 
Ninety percent of all planimetric features shown on the map will be within 1/40 inch of their true position, and no planimetric features will be out of true position more than 1/20 inch at map scale when referenced to the nearest field-established station. A statement of compliance and/or a complete statement concerning any areas of noncompliance with this requirement shall be placed on the tentative plat.
(8) 
All existing streets, watercourses, floodplains, floodways and flood areas within the proposed subdivision and within 200 feet of the boundaries thereof, both the width of the paving and the width of the right-of-way of each street, existing public easements and Township borders within 200 feet of the subdivision.
(9) 
All existing structures, an indication of those which are to be destroyed or removed, and the front, rear and side yard dimensions of those to remain.
(10) 
The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs, 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:
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(1), which required submission of a report from the Township Engineer and Plumbing Board Engineer, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Application for preliminary Ocean County Planning Board approval.
(3) 
Application for preliminary Toms River Sewerage Authority approval.
(4) 
Application for land disturbance permit.
(5) 
Application for Bureau of Fire Prevention approval.
(6) 
Copy of application for granting of a Coastal Area Facility Review Act (CAFRA) permit, where required and if submitted.
(7) 
Application for tree removal permit, where required.
(8) 
Traffic Safety Officer's report, where required.
(9) 
Application for floodplain encroachment permit, where required.
(10) 
Application for municipal and/or state wetlands permit, where required.
(11) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(11), which required submission of a letter from the water company on the availability of public water, was repealed 2-9-1982 by Ord. No. 2068.
(12) 
Other submittals that may be required by the Planning Board Engineer, Planning Board or federal, state or local law.
(13) 
The application for development for a preliminary plat of a major site plan shall include a request for the granting of any variances required or other approvals required from the Planning Board.
(14) 
Required application fees.
(15) 
Ten copies of a plat and attachments meeting the requirements set forth below.
[Amended 2-9-1982 by Ord. No. 2068; 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
B. 
Plat requirements.
(1) 
General requirements.
(a) 
Any preliminary plat of a major site plan presented to the Planning Board for its approval shall be signed and appropriately sealed by an architect, professional engineer, land surveyor and/or professional planner licensed to practice in the State of New Jersey; provided, however, that sanitary sewer, water distribution and storm drainage plans and water and sewage treatment plans may only be signed and sealed by a professional engineer.
(b) 
Site plans shall not be drawn at a scale smaller than one inch equals 50 feet nor larger than one inch equals 10 feet. If the size of the site would require the use of sheets larger than 30 inches by 42 inches in order to show the entire site on one sheet, the detailed information for the site plan shall be shown in sections on sheets not larger than 30 inches by 42 inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one inch equals 200 feet. The site plan shall be based on a monumented, current certified boundary survey. The date of the survey and the name of the person making same shall be shown on the map. If 12 months or more has passed since the date of (or date of last recertification of) the survey, it shall be recertified and, if necessary, brought up-to-date.
(2) 
Title block. The title block shall appear on all sheets and shall include:
(a) 
Title of "preliminary plat — Major Site Plan."
(b) 
Name of the development, if any.
(c) 
Tax Map sheet, block and lot number of the site, as shown on the latest Township Tax Map, the date of which should also be shown.
(d) 
Date of original and all revisions.
(e) 
Names and addresses of owner and developer, so designated.
(f) 
Names(s), signature(s), address(es) and license number(s) of engineer, architect, land surveyor or planner who prepared the plan and their embossed seal.
(g) 
If the site plan contains more than one sheet, each sheet shall be numbered and titled.
(3) 
A schedule shall be placed on the site plan indicating:
(a) 
The acreage of the tract and site (the portion of the tract involved in the site plan).
(b) 
The floor area of the existing and proposed buildings, listed separately.
(c) 
The proposed use or uses and the floor area devoted to each use.
(d) 
The zone in which the site is located.
(e) 
Proposed and required lot dimensions and front, rear and side setbacks.
(f) 
Proposed and required off-street parking spaces.
(g) 
Square footage and percentage of the site retained in unoccupied open space.
(4) 
North arrow and written and graphic scales.
(5) 
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Planning Board in the determination of floodway and flood hazard area limits. In cases where all or a portion of a site within the R-800 Zone is located in an unnumbered "A" Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, the applicant shall undertake and submit such studies as are necessary to determine the base flood elevation.
(6) 
Paving and right-of-way widths of existing streets within 200 feet of the site.
(7) 
The 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:
(a) 
Existing and proposed final grades and slopes.
(b) 
Pipe sizes, slope, type, inverts and grate or rim elevation of drainage and sanitary sewage facilities.
(16) 
Boring logs. Unless the Planning Board Engineer shall determine that fewer boring logs are required or that some or all of the boring logs may be deferred to the final plat stage, the site plan shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:
(a) 
Borings shall be spaced evenly throughout the site.
(b) 
One boring not less than 15 feet below grade or 20 feet minimum depth shall be made for every five acres, or portion thereof, of land where the water table is found to be 10 feet or more below proposed or existing grade at all boring locations.
(c) 
One additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than 10 feet below proposed or existing grade.
(d) 
In addition to the above, in those areas where the water table is found to be five feet or less below existing or proposed grade, two additional borings per acre, or portion thereof, will be required if construction of basements is contemplated. Borings shall be located where such basements are proposed.
(e) 
Boring logs shall show soil types and characteristics encountered, groundwater depths, the methods and equipment used, the name of the firm, if any, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest 0.1 foot.
(f) 
Based on the borings, the site plan shall clearly indicate all areas having a water table within two feet of the existing surface of the land, or within two feet of proposed grade, or all areas within which two feet or more of fill is contemplated or has previously been placed.
(17) 
Zone boundaries and the Tax Map sheet, lot and block numbers and names of owners of all properties within 200 feet of the site.
(18) 
A key map adequately showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone boundary or Township boundary which is within 500 feet of the subdivision.
[Amended 2-9-1982 by Ord. No. 2068]
(19) 
The location, area, dimensions and proposed disposition of any area or areas of the site proposed to be retained as common open space, indicating the facilities to be provided in such areas.
(20) 
The capacity of off-street parking areas and the location and dimensions of all access drives, aisles and parking stalls. The location and treatment of existing and proposed entrances and exits to public rights-of-way, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional width and any other device necessary for traffic safety and/or convenience and the estimated average number of passenger vehicles, single-unit trucks or buses and semitrailers that will enter the site each day.
(21) 
Graphic depiction of the anticipated routes and details of the system of on-site vehicular and pedestrian circulation. If the developer desires to have the appropriate provisions of Title 39 of the New Jersey Revised Statutes governing motor vehicle operation made applicable to the site, thereby allowing municipal police regulation of traffic control devices, he shall submit a formal request and a detailed plan meeting the requirements of the New Jersey Department of Transportation. The Township Engineer will advise the developer regarding the details of such a plan.
(22) 
The location and size of proposed loading docks.
(23) 
Location of curbs and sidewalks.
(24) 
Cross section(s) showing the composition of pavement areas, curbs and sidewalks.
(25) 
Exterior lighting plan, including the location and drawn details of all outdoor lighting standards and fixtures and a notation on the plat indicating conformance or nonconformance with the minimum design standards of the Toms River Township Land Use and Development Regulations.
[Amended 2-9-1982 by Ord. No. 2068]
(26) 
Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub and the location, type and amount of each type of ground cover to be utilized.
(27) 
Location of signs and drawn details showing the size, nature of construction, height and content of all signs.
(28) 
Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.
(29) 
Floor plans and building elevation drawings of any proposed structure or structures, or existing structures to be renovated.
(30) 
Location of handicapped facilities, including parking spaces and ramps, where applicable.
(31) 
If the Planning Board Engineer, Planning Board or Environmental Commission determines that specimen trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, caliper and type be shown on the plat for the following:
(a) 
Living deciduous trees having a trunk of six-inch diameter or more at breast height.
(b) 
All living coniferous trees having a trunk of six-inch or more diameter at breast height.
(c) 
All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one-inch or greater diameter at breast height.
(d) 
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
(32) 
Sectionalization and staging plan. Developers of large uses, such as shopping centers, multifamily dwellings, industrial parks or other such uses proposed to be developed in stages, shall submit a sectionalization and staging plan showing the following:
(a) 
The anticipated date for commencing construction of each section or stage. The staging of development on the site shall be such that if development of the site were discontinued after the completion of any stage, the developed portion of the site would comply in all respects to the requirements of this chapter and be provided with adequate drainage and utility systems.
(b) 
Those improvements that will be completed in each stage prior to application for certificate of occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied buildings in the site and adjoining properties.
(33) 
Written description of the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards. The written description shall also include the hours of operation of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site and provisions to be made for site maintenance.
(34) 
Such other information as the Planning Board and/or Planning Board Engineer may request during site plan review.
(35) 
It is recognized that in certain instances, the uniqueness of a particular proposal may require the waiver of some of the information required herein. The Planning Board may consider and for cause shown may waive strict conformance with such of these plat map details and other engineering documents as it sees fit. Any developer desiring such action should present with his application for development a listing of all such waivers desired, together with the reasons therefor. It shall also be indicated on the plat map that this plan, as some plat map details and engineering documents are not so indicated on the plat map, will not be used for construction purposes.
[Added 9-14-1982 by Ord. No. 2116]
C. 
Conditions of approval.
(1) 
Any approval of an application for development for a preliminary plat of a major site plan by the Planning Board shall be subject to the following conditions being satisfied prior to the signing of the plat:
(a) 
Payment of required reproduction fee.
(b) 
Submission of additional prints of the plat and attachments for distribution, if required.
(c) 
Preliminary Ocean County Planning Board approval, if not previously granted.
(d) 
Preliminary Toms River Sewerage Authority approval, if not previously granted.
(e) 
Bureau of Fire Prevention approval, if not previously granted.
(f) 
Publication of a notice of the decision by the applicant.
(g) 
Any other conditions which may be imposed by the Planning Board or may be required by federal, state or local law.
(2) 
The Planning Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions to the final plat submission.
D. 
Certification. In the event that the application for development for a preliminary plat of a major subdivision is approved, a certification to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Approved as a preliminary plat of a major subdivision by the Toms River Township Planning Board on ___________________.
______________________
Chairperson
Attest:
_______________________
Secretary
______________________
Date
shall be endorsed on the preliminary plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board after they receive certification from the Administrative Officer that all conditions of approval have been satisfied. After signature the preliminary plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to the applicant.
E. 
Applicant's rights upon approval. Approval of a preliminary plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-49 and § 348-3.1J(5) of this chapter.
F. 
Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning Board and the Township Engineer that said clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the site plan is not undertaken and that required inspection fees have been paid, and adequate performance guaranties have been posted to provide for the cost to the Township of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvements is not completed and/or further development of the site is not undertaken. Such performance guaranties shall include but are not limited to the cost to the Township of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract areas from flooding, screening or fencing that may be required and all improvements to be undertaken which are within public rights-of-way or easements.
A. 
Required documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major subdivision for public hearing before the Planning Board, the Administrative Officer shall determine that the following has been submitted in proper form:
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(1), which required submission of a report from the Township Engineer and the Planning Board Engineer, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Application for final Ocean County Planning Board approval.
(3) 
Application for final Toms River Sewerage Authority approval.
(4) 
Application for land disturbance permit.
(5) 
Application for Bureau of Fire Prevention approval.
(6) 
Application for tree removal permit, where required.
(7) 
Traffic Safety Officer's report, where required.
(8) 
Application for municipal and/or state wetlands approval, where required.
(9) 
Application for floodplain encroachment permit, where required.
(10) 
Application for stream encroachment permit, where required.
(11) 
Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
(12) 
A certificate of title, which may be in letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.
(13) 
Other submittals that may be required by the Planning Board Engineer, Planning Board or federal, state or local law.
(14) 
Unless waived by the Planning Board, a formal request, in appropriate statutory form, requesting that the applicable provisions of Title 39 of the New Jersey Revised Statutes be made applicable to the site in order to permit police regulation of traffic control devices prior to acceptance of streets.
(15) 
Required application fees.
(16) 
Ten copies of a plat and attachments meeting the requirements set forth below.
[Amended 2-9-1982 by Ord. No. 2068; 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
B. 
Plat requirements.
(1) 
General requirements. A final plat may, for all or any portion of an approved preliminary plat, be submitted to the Planning Board within three years of the date of approval of the preliminary plat. In general, all requirements set forth in this chapter for tentative plats shall apply to final plats with the addition of the specific additional requirements set forth herein.
(a) 
A final plat shall be drawn at a scale of not less than 100 feet to the inch, shall conform to the provisions of Chapter 141 of the Laws of 1960 of the State of New Jersey, as amended and supplemented, and shall include or be accompanied by the information specified herein.
(b) 
All dimensions, both linear and angular, of the exterior boundaries of the subdivision and all lots and all lands reserved or dedicated for public use shall balance, and their description shall close within a limit of error of not more than one part in 10,000.[2]
[2]
Editor's Note: Former Subsection B(1)(c), (d) and (e), which immediately followed this subsection and which pertained to use of the New Jersey State Plane Coordinate System for bearings and coordinates shown on the final plat, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Purpose of final plat. A final plat and supporting drawings and documents for a proposed subdivision constitute the complete and fully detailed and documented development of the subdivision proposal and becomes the basis for the construction of the subdivision and inspection by the Township Engineer, other officials and Planning Board. The portion of the plat intended for filing must be recorded at the County Clerk's office to have legal status.
(3) 
Title block. The title block shall appear on all sheets and shall include:
(a) 
Title of "Final Plat — Major Subdivision."
(b) 
Development name, if any.
(c) 
Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Township Tax Map, the date of which shall also be shown.
(d) 
Date of original and all revisions.
(e) 
Names and addresses of owner and subdivider, so designated.
(f) 
The name(s), signature(s), address(es) and license number(s) of the engineer and land surveyor who prepared the map. The plat shall bear the embossed seal of said engineer and land surveyor.
(4) 
The final plat shall be based on a monumented, current, certified boundary survey. The date of the survey and the name of the person making the same shall be shown on the map. If 12 months or more has passed since the date of (or date of last recertification of) the survey, it shall be recertified and, if necessary, brought up-to-date. Any necessary revisions from the survey used as a base for the tentative plat shall be specifically noted.
(5) 
A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the dimensions and percentage of recreation acreage provided.
(6) 
All design information submissions required by the provisions of the improvements and design standards portions of this chapter shall accompany the final plat.
(7) 
A grading plan showing existing and proposed grading contours at one-foot intervals throughout the tract, except that if slopes exceed 5%, a two-foot interval may be used, and if they exceed 10%, a five-foot interval is permissible. Data shall be United States Coast and Geodetic Survey data (MSL=0), and the source of data shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading, including corner elevations of buildings and first floor and basement elevations.
(8) 
The limits of all areas of proposed cuts and fills, exclusive of excavations for basements, shall be clearly designated.
(9) 
On-site drainage plan.
(a) 
The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage, including existing and proposed contours as previously required.
(b) 
The plan shall outline each area contributing to each inlet.
(c) 
All proposed drainage shall be shown with pipe types and sizes, invert and grate or rim elevations, grades and direction of flow. The direction of flow of all surface waters and of all streams shall be shown.
(d) 
The drainage plan shall be accompanied by complete drainage calculations made in accordance with standards set forth herein.
(10) 
Off-site drainage plan. The final plat shall also be accompanied by an off-site drainage plan prepared in accordance with the following standards:
(a) 
The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.
(b) 
The pertinent off-site existing drainage shall be shown with elevations of inverts and grade to the nearest 0.1 foot.
(c) 
To the extent that information is available and may be obtained from the county or municipal engineer(s), any existing plans for drainage improvements shall be shown.
(d) 
In the event that a temporary drainage system is proposed, full plans of that system shall be shown.
(e) 
The off-site drainage plans shall be accompanied by profiles of all proposed drainage, showing existing and proposed finished grades, channel section details; pipe sizes, types, inverts, crowns and slopes; all proposed structures and connections; and design hydraulic grade lines for all conduits designed to carry 40 or more cubic feet per second. Cross sections at intervals not exceeding 100 feet shall be shown for all open channels.
(11) 
Center-line profiles of all proposed streets showing:
(a) 
Existing and proposed finished grades and slopes.
(b) 
Pipe sizes, slope, type, inverts and grate or rim elevations of drainage and sanitary sewage facilities.
(12) 
Where required by the Township Engineer, cross sections of proposed streets to at least 10 feet outside of any grading limit at intervals of at least every 100 feet, of all proposed streets.
(13) 
The location, caliper and type of the following may be required to be shown on the plat for a tree removal permit:
[Amended 9-14-1982 by Ord. No. 2116]
(a) 
Living deciduous trees having a trunk of six-inch diameter or more at breast height.
(b) 
All living coniferous trees having a trunk of six-inch or more diameter at breast height.
(c) 
All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one-inch or greater diameter at breast height.
(d) 
All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level.
(14) 
The number, location and species of all proposed shade trees or other plantings.
(15) 
Detailed utility layouts, specifications and cross sections (sewers, water, gas, electric, telephone, etc.), showing feasible connections to any existing or proposed utility systems; provided, however, that detailed layouts of gas, electric and telephone lines are not required. An indication of these on a typical road cross section shall be sufficient. Layouts shall include proposed locations of streetlights and fire hydrants. If private utilities are proposed, they shall comply with all local, county and state regulations.
(16) 
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Planning Board in the determination of floodway and flood hazard area limits. In cases where all or a portion of a subdivision within the R-800 Zone is located in an unnumbered "A" Zone as shown on the Flood Insurance Rate Maps of the Federal Insurance Administration, the applicant shall undertake and submit such studies as are necessary to determine the base flood elevation.
(17) 
Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way; land to be reserved or dedicated to public use, all lot lines and site easement lines, with accurate dimensions and bearings and radii, tangents, chords, arcs and central angles of all curves and all front, rear and side (or yard) setback lines.
(18) 
All monuments in accordance with Chapter 141 of the Laws of 1960 of the State of New Jersey, including all monuments found, monuments set and monuments to be set, and an indication of monumentation found and reset.
(19) 
Certificate of engineer or land surveyor as to accuracy of the details of the plat.
(20) 
Lot and block numbers shown on the final plat shall conform to the Township Tax Map, or proposed revisions thereof, and shall be obtained by the applicant's engineer from the Township Engineer. Proposed house numbers shall also be obtained from the Township Engineer and shall be shown encircled on the final plat, or one of the attachments thereto. The Township Engineer shall not affix his signature to the final plat unless the applicant has fully complied in this regard.
(21) 
Subdivision names and street names shown on the final plat shall not be the same or similar to any name of any existing subdivision or street in the Township of Toms River and shall be approved by the Township Engineer.
(22) 
The location of areas dedicated for park and recreation facilities or common open space as approved by the Planning Board.
(23) 
Unless waived by the Planning Board, a detailed plan setting forth the type and location of all traffic control and regulatory devices. This plan shall have been approved by, or in the opinion of the Township Engineer be likely to be approved by, the New Jersey Department of Transportation. This plan shall be prepared in consultation with the Township Engineer and the Toms River Township Police Department and shall provide for all appropriate traffic control measures necessary for the health, safety, convenience and well-being of those occupying, or likely to occupy, the subdivision between final approval and final acceptance. This plan shall be accompanied by the formal request referred to in § 348-6.11A(14).
(24) 
Such other information as the Planning Board and/or Planning Board Engineer may request during review.
(25) 
All plats submitted to the Planning Board for final approval shall comply with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.[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.
(1) 
Proof of payment of any outstanding real estate taxes.[4]
[Added 6-11-1985 by Ord. No. 2329-85]
[4]
Editor's Note: Former Subsection C(1), which required payment of any outstanding real estate taxes, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Submission of additional prints of the plat map and attachments for distribution, if required.
(3) 
Publication of a notice of the decision by the applicant.
(4) 
Final Ocean County Planning Board approval, if not previously obtained.
(5) 
Final Toms River Sewerage Authority approval, if not previously obtained.
(6) 
Payment of required reproduction fees.
(7) 
Issuance of a land disturbance permit.
(8) 
Bureau of Fire Prevention approval, if not previously obtained.
(9) 
Issuance of a tree removal permit, if not previously obtained.
(10) 
Granting of state or municipal wetlands permit, if required.
(11) 
Granting of a floodplain permit, if required.
(12) 
Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey, Department of Environmental Protection, where required.
(13) 
Granting of a Coastal Area Facility Review Act (CAFRA) permit, where required.
(14) 
Granting of drainage and/or access permits by the New Jersey Department of Transportation, where required.
(15) 
Approval of any required riparian grants or licenses.
(16) 
Granting of any required construction permits.
(17) 
Posting of required performance guaranties. In the event that the development does not propose the construction of a new roadway, the Planning Board may, upon favorable recommendations of the Township Engineer, permit the installation and approval of, or posting of performance guaranties for the installation of, any improvements required by the Planning Board.
[Amended 5-22-1984 by Ord. No. 2244-84]
(18) 
Payment of required inspection fees. In the event that the development does not propose the construction of a new roadway, the Planning Board may, upon favorable recommendation of the Township Engineer, reduce the required inspection fees as indicated in § 348-3.4.
[Amended 5-22-1984 by Ord. No. 2244-84]
(19) 
Evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, identifying and saving harmless the Township of Toms River and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementing of the approved subdivision. The insurance policy shall provide for 30 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.
[Amended 5-22-1984 by Ord. No. 2244-84]
(20) 
Submission of an agreement from the applicant authorizing proposed roadways to be governed by State Statute Title 39, Subtitle 1.
[Amended 6-11-1985 by Ord. No. 2329-85[5]]
[5]
Editor's Note: This ordinance also provided for the renumbering of former Subsection C(20) as Subsection C(21).
(21) 
Any other conditions which may be imposed by the Planning Board or may be required by federal, state or local law.
(22) 
Any final plat major subdivision approval shall expire unless the plat is filed with the county recording officer in compliance with Chapter 141 of the Laws of 1960, as amended and supplemented, within two years of the date of approval or such further time as provided in accordance with § 348-3.1J(7)(d) herein.
[Added 5 13-1992 by Ord. No. 2911-92]
(23) 
Proof of filing of a developer's agreement in the Ocean County Clerk's Office. Prior to filing, the developer must execute the agreement with the Township governing body to guarantee the installation of improvements.
[Added 12-9-2003 by Ord. No. 3843-03]
D. 
Certification. In the event that the application for development for a final plat of a major subdivision is approved, a certification to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Approved as a final plat of a major subdivision by the Toms River Township Planning Board on ___________________.
______________________
Chairperson
Attest:
_______________________
Secretary
______________________
Date
This plat must be filed in the office of the Clerk of Ocean County on or before ___________________, which date is 95 days after the date upon which this plat was signed.
_______________________
Secretary
shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board and the Township Engineer (as to the Map Filing Law certification) after they receive a certification from the Administrative Officer that all conditions of approval have been satisfied. After signature, the plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the signed original shall be returned to the applicant for filing.
E. 
Filing of approved plat. If the applicant desires to proceed with a subdivision for which final approval has been granted, he shall file with the county recording officer a plat map drawn in compliance with Chapter 141 of the Laws of 1960, as amended and supplemented, within 95 days from the date upon which the plat was signed by the Planning Board Chairman and Secretary or Assistant Secretary. The applicant shall, within one week after filing the subdivision with the county recording officer, notify, in writing, the Township Engineer of the date of filing of the subdivision with the county recording officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map indicating thereon the filing date shall be obtained from the county recording officer by the Township Engineer, who shall distribute copies of the filed map to appropriate municipal officials. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire unless such time is extended by the Planning Board in accordance with § 348-3.1J(6)(b) herein.
[Amended 5-13-1992 by Ord. No. 2911-92]
F. 
Applicant's rights upon approval. Approval of a final plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-52 and § 348-3.1J(7) of this chapter.
G. 
Display of final plat. The subdivider or his agent shall keep a clear and legible copy of the approved final plat in plain view in a prominent location in his offices and/or salesrooms from which sales in the approved subdivision are made so that prospective purchasers may have the opportunity to learn the special conditions, if any, under which approval was given.
A. 
Required documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major site plan for public hearing before the Planning Board, the Administrative Officer shall determine that the following has been submitted in proper form:
(1) 
Proof of payment of any outstanding real estate taxes.[1]
[Added 6-11-1985 by Ord. No. 2329-85]
[1]
Editor's Note: Former Subsection A(1), which required submission of a report from the Township Engineer and the Planning Board Engineer, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Application for final Ocean County Planning Board approval.
(3) 
Application for final Toms River Sewerage Authority approval.
(4) 
Application for a land disturbance permit.
(5) 
Application for Bureau of Fire Prevention approval.
(6) 
Application for a tree removal permit, where required.
(7) 
Traffic Safety Officer's report, where required.
(8) 
Application for municipal and/or state wetlands approval, where required.
(9) 
Application for a floodplain encroachment permit, where required.
(10) 
Application for a stream encroachment permit, where required.
(11) 
Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
(12) 
Other submittals that may be required by the Planning Board Engineer, Planning Board or federal, state or local law.
(13) 
Required application fees.
(14) 
Ten copies of a plat and attachments meeting the requirements set forth below.
[Amended 2-9-1982 by Ord. No. 2068; 5-22-1984 by Ord. No. 2244-84; 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]
(15) 
Two copies of a survey plat of the property in question prepared within 12 months of the application submission date. The copies shall include the signature and embossed seal of the professional land surveyor responsible for preparation of the survey.
[Added 12-9-2003 by Ord. No. 3843-03]
B. 
Plat requirements. The final plat shall include all data required for the preliminary plat of the major site plan and shall be drawn to incorporate all changes required as a condition of preliminary approval and shall be drawn by persons and to specifications as required for a preliminary plat and shall be titled "Final Plat — Major Site Plan."
C. 
Conditions of approval. Any approval of an application for development of a final plat of a major site plan shall be subject to the following conditions being satisfied, within a period of time specified by the Planning Board, prior to signing of the plat or issuance of a development permit:
(1) 
Proof of payment of any outstanding real estate taxes.[2]
[Added 4-11-1990 by Ord. No. 2729-90]
[2]
Editor's Note: Former Subsection C(1), which required payment of any outstanding real estate taxes, was repealed 2-9-1982 by Ord. No. 2068.
(2) 
Submission of additional permits of the plat map and attachments for distribution, if required.
(3) 
Publication of a notice of the decision by the applicant.
(4) 
Final Ocean County Planning Board approval, if not previously obtained.
(5) 
Final Toms River Sewerage Authority approval, if not previously obtained.
(6) 
Payment of required reproduction fees.
(7) 
Issuance of land disturbance permit, if not previously obtained.
(8) 
Bureau of Fire Prevention approval, if not previously obtained.
(9) 
Issuance of tree removal permit, if required and not previously obtained.
(10) 
Granting of state or municipal wetlands permit, if required.
(11) 
Granting of a floodplain permit, if required.
(12) 
Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey, Department of Environmental Protection, where required.
(13) 
Granting of a Coastal Area Facility Review Act permit, where required.
(14) 
Granting of drainage and/or access permits by the New Jersey Department of Transportation, where required.
(15) 
Approval of any required riparian grants or licenses.
(16) 
Granting of any required construction permits.
(17) 
Posting of required performance guaranties.
(18) 
Payment of required inspection fees.
(19) 
Evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, identifying and saving harmless the Township of Toms River and its agencies, employees and agents from any liability for any acts of the developer or his agents, contractors or employees in the implementing of the approved site plan. The insurance policy shall provide for 30 days' notice to the Township prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.
[Amended 5-22-1984 by Ord. No. 2244-84]
(20) 
Any other conditions which may be imposed by the Planning Board or may be required by federal, state or local law.
(21) 
The approval of a final plat major site plan shall expire two years after the date of approval or such further time as extended by the Planning Board if a building permit or, where a building permit is not required, a certificate of occupancy has not been obtained.
[Added 5-13-1992 by Ord. No. 2911-92]
D. 
Certification. In the event that the application for development for a final plat of a major site plan is approved, a certification to that effect in this form:
[Amended 9-24-1996 by Ord. No. 3196-96]
Approved as a final plat of a major site plan by the Toms River Township Planning Board on ___________________.
______________________
Chairperson
Attest:
_______________________
Secretary
______________________
Date
shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairperson and Secretary or Assistant Secretary of the Planning Board after they receive a certification from the Administrative Officer that all conditions of approval have been satisfied. After signature, the plat shall be reproduced as provided for in § 348-6.4 of this chapter, and the original shall be returned to the applicant.
E. 
Applicant's rights upon approval. Approval of a final plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-52 and § 348-3.1J of this chapter.
A. 
Required documents. In cases where a proposed exempt development requires Board of Adjustment action on an application for development for either the granting of a variance pursuant to N.J.S.A. 40:55D-70 or direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36, prior to issuance of a certificate of completeness or scheduling of the application for development for public hearing before the Board of Adjustment, the Administrative Officer shall determine that the following have been submitted in proper form:
(1) 
Required application fees.
(2) 
Three copies of a plot plan/survey prepared by a licensed professional sanctioned pursuant to state regulations and updated to reflect conditions as they exist on the date of the application, including a certification as to accuracy. For applications for a variance or direction to issue a building permit, said plot plan must be based upon a survey dated within six months of submission of the application.
[Amended 2-9-1982 by Ord. No. 2068; 9-24-1996 by Ord. No. 3196-96]
(3) 
Three copies of an area map showing the tax lot and block numbers of all properties located within 200 feet of the property for which the application is being made.
[Amended 2-9-1982 by Ord. No. 2068]
(4) 
Any other documents which the Board of Adjustment may request.
B. 
Conditions of approval. Any approval of an application for development by the Board of Adjustment or issuance of a development permit under this section shall be subject to the following:
(1) 
The applicant obtaining a building permit, or certificate of occupancy where a building permit is not required, within a period of time specified by the Board of Adjustment. The approval shall expire and the development permit shall become invalid if the required permit is not obtained within the specified period.
(2) 
Any other conditions which the Board of Adjustment may impose.
(3) 
Proof of payment of any outstanding real estate taxes.[1]
[Added 4-11-1990 by Ord. No. 2729-90]
[1]
Editor's Note: Former § 348-6.14, Recreation area dedication, added 2-15-2005 by Ord. No. 3930-05, which immediately followed this subsection, was repealed 10-14-2014 by Ord. No. 4459-14.
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]
(1) 
The reasonable cost of the improvements not installed, and, upon receipt of the proceeds thereof, the municipality shall install such improvements; or
(2) 
The completion of all required improvements.
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.
(f) 
Deliver to the Township Attorney:
[1] 
The original copy of the surety company bond of the applicant.
[2] 
The Township Engineer's written certificate addressed to the Township Committee, which certificate and bond shall be delivered at one and the same time.
(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).
(h) 
If there is nothing the applicant needs to do under Subsection A(1)(c) above, the certificate shall so state and give the reason therefor.
(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:
(a) 
Developments with bonded improvements not exceeding $100,000: $5,000.
(b) 
Developments with bonded improvements exceeding $100,000: a percentage of the bonded improvement costs of the development or phase of development calculated based on the following formula:
[1] 
$5,000, for the first $100,000 of bonded improvement costs; plus
[2] 
2.5% of bonded improvement costs over $100,000 up to $1,000,000; plus
[3] 
1% of bonded improvement costs exceeding $1,000,000.
(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:
(a) 
Within sight triangle easements.
(b) 
Within 25 feet of intersections where sight triangle easements are not provided.
(c) 
Within 25 feet of access drives.
(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.
(2) 
Tree removal. All tree removal shall be in accordance with the requirements of Article XII of Chapter 348 of the Code of the Township of Toms River.
(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:
(a) 
Minimum planting heights:
[1] 
Shade trees: 2 1/2 inches to three inches caliper; B&B.
[2] 
Flowering trees: eight feet to 10 feet in height; B&B.
[3] 
Evergreen trees: seven feet to eight feet in height; B&B.
[4] 
Shrubs: 24 inches to 30 inches in height or spread.
(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) 
All vegetative species used in landscaped areas must be tolerant to local conditions to reduce maintenance through the use of fertilizers, pesticides and frequency in irrigation during drought conditions. A list of recommended landscape materials is offered below.
(a) 
Ornamental grasses:
[1] 
Penisetum alopecuroides.
[2] 
Miscanthus sinensis.
[3] 
Miscanthus sinensis "Variegatus."
[4] 
Miscanthus sinensis "Yaku Jima" (dwarf).
(b) 
Flowering shrubs:
[1] 
Spirea bumalda "Anthony."
[2] 
Hydrangea macrophylla "Nikko Blue."
[3] 
Potentilla fruiticosa.
[4] 
Spirea bumalda "Gold Flame."
[5] 
Viburnum.
[6] 
Hypericum patulum.
(c) 
Perennials:
[1] 
Coreopsis "Moonbeam."
[2] 
Sedum "Autumn Joy."
[3] 
Veronica spicata "Sunny Border Blue."
[4] 
Rudabeckia fulgida "Goldstrum."
[5] 
Hemerocalis "Stella D'Oro."
(17) 
In areas adjacent to salt water, such as bays, brackish rivers or lagoons but not located in a riparian zone and/or riparian easement, plantings shall be of the following kinds of trees:
(a) 
Zelkova (Zelkova serrata).
(b) 
Japanese scholar tree (Sophora japonica).
(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:
(a) 
Blackgum (Nyssa syllvatica).
(b) 
Sweetgum (Liquidambar stryaciflua).
(c) 
London planetree (Platanus acerifolia).
(d) 
Hardy rubber tree (Eucommia ulmoides).
(e) 
Japanese scholar tree (Sophora japonica).
(f) 
Sugar maple (Acer saccharum).
(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:
(a) 
The location and placement of a sidewalk shall conform to Diagrams 1 and 2 as applicable.
(b) 
Standard Township construction details for the sidewalk shall be utilized and shall be approved by the Township Engineer.
(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]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
B. 
*No bulk storage of materials or equipment shall be permitted between any side or rear lot line and the required side or rear setback line.[2]
[Amended 9-25-1991 by Ord. No. 2859-91]
[2]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
C. 
*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]
[3]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
[4]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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.
F. 
*In no instance shall on-site bulk storage of material exceed the height of 10 feet.[5]
[Amended 9-25-1991 by Ord. No. 2859-91]
[5]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
G. 
*No heavy equipment shall be operated or parked closer to the front property line than the required front setback plus 50 feet, except as the same may be in transit to or from the site.[6]
[Amended 9-25-1991 by Ord. No. 2859-91]
[6]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
[2]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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.
[3]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
[4]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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.
I. 
*Wading pool. A swimming pool for private club or commercial use shall provide a separate wading pool.[5]
[Amended 9-25-1991 by Ord. No. 2859-91]
[5]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
[6]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
[7]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(2) 
*Each open space area shall contain a minimum of two contiguous acres.[2]
[Amended 9-25-1991 by Ord. No. 2859-91]
[2]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(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]
[3]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(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.
(b) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection A(4)(b), regarding wetlands, was repealed 12-12-2017 by Ord. No. 4562-17.
(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:
(a) 
The open space area will not be further subdivided in the future.
(b) 
The use of the open space areas will continue in perpetuity for the purpose specified.
(c) 
Appropriate provisions are made for the maintenance of the open space areas.
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:
(a) 
Adjacent and parallel to both sides of each new street in a subdivision.
(b) 
Adjacent and parallel to existing streets bordering the proposed development.
(c) 
At such other locations and/or at greater widths as may be required by the Planning Board.
(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]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
D. 
*All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.[2]
[2]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
[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.
[1]
Editor's Note: See also Ch. 224, Buildings, Numbering of.
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.
[1]
Editor's Note: Said Chapter 358 of the Laws of 1953 was repealed by Chapter 141 of the Laws of 1960. See now N.J.S.A. 46:23-9.9 et seq.
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]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
[2]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
C. 
*Minimum distance between principal buildings:[3]
[Amended 9-25-1991 by Ord. No. 2859-91]
(1) 
Twenty-five feet where neither of the facing walls has windows.
(2) 
Forty feet where only one of the facing walls has windows.
(3) 
Sixty feet where both of the facing walls have windows.
[3]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
[4]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
E. 
*Building length. No principal building, when viewed from any elevation, shall be greater than 175 feet in length.[5]
[Amended 9-25-1991 by Ord. No. 2859-91]
[5]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
[6]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
[7]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
[8]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
M. 
*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.[9]
[Amended 9-25-1991 by Ord. No. 2859-91]
[9]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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.
P. 
Minimum gross habitable floor area requirements:
[Amended 2-9-1982 by Ord. No. 2068]
(1) 
Efficiency units: 650 square feet.
(2) 
One-bedroom units: 750 square feet.
(3) 
Two-bedroom units: 800 square feet.
(4) 
Three-bedroom units: 1,000 square feet.
Q. 
(Reserved)[10]
[10]
Editor's Note: Former Subsection Q, dealing with the percentage of one- and three-bedroom units to the total number of units, as amended, was repealed 4-11-1990 by Ord. No. 2729-90.
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.
E. 
*No off-street loading and unloading area shall be permitted in any required front yard area.[1]
[Amended 9-25-1991 by Ord. No. 2859-91]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
[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.
[1]
Editor's Note: Figure 3 is located at the end of § 348-8.11A.
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]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(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.
[3]
Editor's Note: Figures 5 and 6 are located at the end of Subsection D(3) of this section.
(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]
[4]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
(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:
(a) 
Where screening is required under this chapter, the screening requirements shall take precedence.
(b) 
Where the property abuts a lot zoned for nonresidential purposes, but utilized for residential purposes, the Planning Board may also require screening.
(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.
(9) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection O(9), regarding churches, temples and chapels, was repealed 7-13-2021 by Ord. No. 4700-21.
(10) 
(Reserved)[7]
[7]
Editor's Note: Former Subsection O(10), regarding community centers, was repealed 7-13-2022 by Ord. No. 4752-22.
(11) 
(Reserved)[8]
[8]
Editor's Note: Former Subsection O(11), regarding community clubs, was repealed 7-13-2022 by Ord. No. 4752-22.
(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]
(a) 
Any fraction of less than one-half may be disregarded. Any fraction of one-half or greater shall be counted as one parking space.
(b) 
Dwellings over five bedrooms in size shall add 0.5 parking space per additional bedroom.
(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.
(39) 
(Reserved)[9]
[9]
Editor's Note: Former Subsection O(39), regarding theaters, was repealed 7-13-2022 by Ord. No. 4752-22.
(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]
[5]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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:
(a) 
Such facilities shall be permitted only in the Village Office, Village Business and Village Seaport Zones.
(b) 
Such facilities shall be situated within 500 feet of each and every use they are intended to serve.
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]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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.
[2]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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.
(4) 
For the purposes of this subsection, the sign area shall be the total of the lettering and logo or symbol, computed separately, in accordance with § 535.H.[2]
[2]
Editor's Note: So in original.
(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:
(a) 
The message is the same on both signs;
(b) 
The facade of the building to which the sign would be attached does not face a residential use across the intervening street;
(c) 
The sign does not contain more than seven items of information.
(3) 
Location on buildings. Wall signs shall be located in the following places:
(a) 
Above the first floor windows;
(b) 
Below a parapet, mansard roof, or pent roof;
(c) 
Beside the main entrance.
(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.
348Butchers.tif
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) 
Projecting signs:
(a) 
External illumination is permitted.
(b) 
Illumination by any other means is prohibited.
(c) 
May project a maximum of three feet from the building wall.
(d) 
Are subject to Subsection H.
(e) 
Notwithstanding other codes to the contrary, no sign shall be closer than 15 feet to another projecting sign.
(6) 
Hanging signs:
(a) 
Signs that hang below canopies may not exceed four square feet in size.
(b) 
Are subject to Subsection H.
(c) 
May extend from the building front to the outer edge of the canopy less one foot at either end.
(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.
(d) 
Special signs as set forth in Subsection J(8) herein.
(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.
(1) 
Awning signs are permitted per Subsection B.
(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:
[1] 
Such signs may display messages directed to the general public for health, safety and welfare purposes.
[2] 
The number of lines of copy may equal the number of screens.
[3] 
The ground sign may include the theatre's name and the changeable copy portion may occupy up to 80% of the sign area.
(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.
(f) 
Pursuant to § 535.E.6,[3] no A-frame sign shall be placed within a public right-of-way. Signs placed in such locations shall be subject to removal and confiscation by the municipality.
[3]
Editor's Note: So in original.
(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.
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3. See also § 348-9.23, Billboards; and Ch. 427, Signs.
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:
A. 
*The screened refuse area shall not be located within any front yard area.[1]
[Amended 9-25-1991 by Ord. No. 2859-91; 12-9-2003 by Ord. No. 3843-03]
[1]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
[2]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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]
[3]
Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.
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.
(f) 
Gutter flow widths shall provide for the maintenance of two ten-foot-wide clear lanes in all access and major circulation drives and one twelve-foot-wide clear lane in all other aisles in all parking areas, except as otherwise provided in Subsection E(7).
(4) 
Maximum design capacities which may be used to determine actual inlet location and spacing are:
(a) 
Not in sump conditions:
Type
Cubic Feet per Second
B
4
E (in paved areas)
4
E (in yard areas)
1.5
(b) 
In sump conditions: to be individually designed.
(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. 
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.
CAFRA CENTERS, CORES OR NODES
Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
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).
COMMUNITY BASIN
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.
COMPACTION
The increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
(1) 
A county planning agency; or
(2) 
A county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
The Department of Environmental Protection.
DESIGN ENGINEER
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.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or 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.
DISTURBANCE
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.
DRAINAGE AREA
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.
EMPOWERMENT NEIGHBORHOODS
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.
ENVIRONMENTALLY CONSTRAINED AREA
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.
ENVIRONMENTALLY CRITICAL AREA
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.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close to its source by:
(1) 
Treating stormwater runoff through infiltration into subsoil;
(2) 
Treating stormwater runoff through filtration by vegetation or soil; or
(3) 
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
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.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
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.
MAJOR DEVELOPMENT
(1) 
An individual development, as well as multiple developments that individually or collectively result in:
(a) 
The disturbance of one or more acres of land since February 2, 2004;
(b) 
The creation of 1/4 acre or more of regulated impervious surface since February 2, 2004;
(c) 
The creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021; or
(d) 
A combination of Subsection (1)(b) and (c) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.
(2) 
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.
MOTOR VEHICLE
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.
MOTOR VEHICLE SURFACE
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.
MUNICIPALITY
Any city, borough, town, Township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL
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.
NODE
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.
POLLUTANT
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.
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
(1) 
A net increase of impervious surface;
(2) 
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);
(3) 
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
(4) 
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
(1) 
The total area of motor vehicle surface that is currently receiving water;
(2) 
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.
SEDIMENT
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.
SITE
The lot or lots upon which a major development is to occur or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
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.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER
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.
STORMWATER MANAGEMENT BMP
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).
STORMWATER MANAGEMENT MEASURE
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.
STORMWATER MANAGEMENT PLANNING AGENCY
A public body authorized by legislation to prepare stormwater management plans.
STORMWATER MANAGEMENT PLANNING AREA
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.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
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.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES
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.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
(1) 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
(2) 
Designated as CAFRA Centers, Cores or Nodes;
(3) 
Designated as Urban Enterprise Zones; and
(4) 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
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.
WATERS OF THE STATE
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.
WETLANDS or WETLAND
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;
(b) 
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection D(15), (16), (17) and (18) to the maximum extent practicable;
(c) 
The applicant demonstrates that, in order to meet the requirements of Subsection D(15), (16), (17) and (18), existing structures currently in use, such as homes and buildings, would need to be condemned; and
(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
(c) 
To satisfy the stormwater runoff quantity standards at Subsection D(17), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection D(7).
(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.
(c) 
The applicant shall submit three copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection I(3) of 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.
(1) 
Applicability. Projects subject to review as in Subsection A(3) of this section shall comply with the requirements of Subsection J(2) and (3).
(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
[3] 
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection J(2)(f) and (g) above.
(h) 
The requirements of Subsection J(2)(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
(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. 
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
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.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORM DRAIN INLET
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.
WATERS OF THE STATE
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:
(1) 
Already meets the design standard below to control passage of solid and floatable materials; or
(2) 
Is retrofitted or replaced to meet the standard in Subsection D below prior to the completion of the project.
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:
[1] 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
[2] 
A bar screen having a bar spacing of 0.5 inch.
(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 Bureau of Property Maintenance with the consent of the Township Engineer of the Township of Toms River.
[Amended 2-14-2024 by Ord. No. 4799-24]
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.
[Amended 12-18-2007 by Ord. No. 4118-07[1]; 7-13-2010 by Ord. No. 4276-10]
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.
G. 
Tents erected on any residential parcel for not more than five days for residential purposes shall be exempt from Subsections D, E and F and shall be considered permitted accessory uses.
[1]
Editor's Note: See also Ch. 217, Buildings for Public Assemblages, Temporary.
[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.
(1) 
The length of each parking space shall be 18 feet as measured in accordance with § 348-8.20.
(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.)
(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]
A. 
*General regulations.[1]
(1) 
Any building containing both residential and nonresidential uses shall have a secured entrance for the residential uses.
(2) 
No dwelling unit shall be permitted on the same floor level as a nonresidential use.
[1]
Editor's Note: For an explanation of the asterisk(*) here and in Subsections B and C, see the definition of "variance" in § 348-2.3.
B. 
*Dwelling units in mixed-use buildings in the Village Office District.
(1) 
Dwelling units shall be permitted on the second floor only.
(2) 
Dwelling units shall be limited to one unit per building.
C. 
*Dwelling units in mixed-use buildings in the Village Business District.
(1) 
Dwelling units shall be permitted on the second floor and higher only.
(2) 
Dwelling units shall be permitted only in buildings in which the ground floor is devoted to retail sales or personal service uses.
[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.
(2) 
Buildings.
(a) 
Minimum number of dwellings in one development: five.
(b) 
Maximum number of townhouse dwelling units in one building: eight.
(c) 
Minimum spacing between buildings: 80 feet, except 20 feet between sides.
[1]
Editor's Note: For an explanation of the asterisk(*), see the definition of "variance" in § 348-2.3.
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.
[2]
Editor's Note: For an explanation of the asterisk(*), see the definition of "variance" in § 348-2.3.
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]
A. 
*Outdoor cafes shall be permitted accessory uses where specified in Article X.[1]
[1]
Editor's Note: For an explanation of the asterisk(*) here and in Subsections B and C, see the definition of "variance" in § 348-2.3.
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.
D. 
Buffers shall be provided pursuant to § 348-8.4.
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.
(1) 
Interior lot.
(a) 
Minimum lot width: 90 feet.
(b) 
Minimum lot area: 12,000 square feet.
(2) 
Corner lot.
(a) 
Minimum lot area: 15,000 square feet.
(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.
[1]
Editor's Note: See also Ch. 170, Auctions and Auctioneering.
[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:
A. 
The retail or office use shall primarily service the uses or employees of the uses within the Industrial Zone; and/or
B. 
The retail or office use shall have an outlet for or be operated in conjunction with one or more of the uses located within the Industrial Zone.
[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.
G. 
In addition to the spacing requirements and other standards imposed under Subsection F above, billboards shall not be placed within 300 feet of any ground sign over 10 feet in height that is located along the same side of the street.
[1]
Editor's Note: See also § 348-8.26, Signs; and Ch. 427, Signs.
[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]
(1) 
Minimum lot width: 300 feet.
(2) 
Minimum front yard setback: 100 feet.
(3) 
Minimum side yard setback: 50 feet.
(4) 
Minimum rear yard setback: 50 feet.
(5) 
Maximum building coverage: 20%.
(6) 
Maximum impervious coverage: 40%.
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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ANTENNA
A system of electrical conductors that transmit or receive radio frequency signals for wireless communications.
ANTENNA SUPPORT STRUCTURE
A structure other than a telecommunications tower which is attached to a building and on which one or more antennas are located.
CO-LOCATION
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.
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.
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFs)
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.
TELECOMMUNICATIONS TOWER
A freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.
TOMS RIVER COMMUNITY
The Township of Toms River, in the County of Ocean, State of New Jersey.
WIRELESS COMMUNICATIONS
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) 
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:
ADMINISTRATIVE REVIEW
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.
ANTENNA
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.
APPLICABLE CODES
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.
APPLICANT
Any person or entity who submits an application under this section, such as a provider described herein.
APPLICATION
A written request, on a form provided by the Township of Toms River.
AUTHORITY
The Township Council of the Township of Toms River or its designee.
CO-LOCATE
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.
COLLOCATION
Has a corresponding meaning.
COMMUNICATIONS FACILITY
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.
COMMUNICATIONS SERVICE
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).
COMMUNICATIONS SERVICE PROVIDER
A provider of communications services and includes a cable operator as defined in 47 U.S.C. § 522(5).
CONSULTANT
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.
FCC
The Federal Communications Commission of the United States.
LAWS
Collectively, any and all federal, state or local law, statute, common law, code, rule, regulation, order, or ordinance.
ORDINARY MAINTENANCE AND REPAIR
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.
PERMIT, ROW PERMIT or SMALL CELL PERMIT
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.
PERMITTEE
An applicant that has received a permit under this section.
PERSON
An individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including a governmental entity.
PERSONAL WIRELESS SERVICES
As defined in 47 U.S.C. § 332(c)(7)(C), as supplemented and/or as amended.
PUBLIC RIGHT-OF-WAY
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.
SMALL WIRELESS FACILITIES INFRASTRUCTURE
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.
SMALL WIRELESS FACILITY
(a) 
As defined in the Code of Federal Regulations at 47 C.F.R. § 1.6002(1), as supplemented and/or as amended.
(b) 
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.
SMART POLE
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).
UTILITY POLE
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.
WIRELESS COMMUNICATIONS INFRASTRUCTURE
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
[1]
Editor's Note: See Ch. 450, Streets and Sidewalks.
(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:
(a) 
Within 10 days of receiving an application, the Township Clerk shall determine and notify the applicant:
[1] 
Whether the application is complete; and
[2] 
If the application is incomplete, what specific information is missing.
(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.
(2) 
Notwithstanding anything to the contrary in this Subsection G permits are required for any activity that involves any road closure or other activity that will impact vehicle or pedestrian traffic.
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
DS Downtown Service Zone
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
GB-MF General Business Multifamily Zone
LI Light Industrial Zone
I Industrial Zone
HMS Hospital-Medical Service Zone
PRC Planned Retirement Community Zone
PRC-3 Planned Retirement Community Zone
PRC-4 Planned Retirement Community Zone
MHP Mobile Home Parks Zone
SC-AH-1 Senior Citizen Affordable Housing - 1 Zone
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.
[Added 4-9-2002 by Ord. No. 3688-02[1]; amended 3-25-2003 by Ord. No. 3781-03]
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.
(3) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(3), which included public or semipublic educational facilities as permitted uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(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.
B. 
Required accessory uses.
(1) 
Off-street parking, subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences, subject to the provisions of § 348-8.13.
(2) 
Private swimming pools, subject to the provisions of § 348-8.21.
(3) 
Signs, subject to the provisions of § 348-8.26.
(4) 
Farm markets for the sale of produce and farm products grown or raised on the premises.
(5) 
Other customary accessory uses and buildings which are clearly incidental and subordinate to the use of the principal building.
D. 
Conditional uses subject to the provisions of Article IX of this chapter, including:
(1) 
Public utilities (§ 348-9.6).
(2) 
Home professional office (§ 348-9.11).
(3) 
Home occupation (§ 348-9.12).[3]
[3]
Editor's Note: Former Subsection D(4), which immediately followed this section and which included churches and places of worship as conditional uses, was repealed 3-10-2009 by Ord. No. 4181-09.
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.
(5) 
Principal accessory building setbacks:
(a) 
Minimum front yard setback: 80 feet.
(b) 
Minimum rear yard setback: 50 feet.
(c) 
Minimum side yard setback: 50 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.
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(3), which included federal, state, county and municipal buildings and grounds, including schools, parks, playgrounds, workshops, warehouses, garages and storage yards, as permitted uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(4) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(4), which included private and parochial schools not operated for profit as permitted uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provision of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(4) 
Farm markets for the sale of produce and farm products grown or raised on the premises.
(5) 
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 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]
(1) 
Churches and places of worship (§ 348-9.5).
[Amended 3-10-2009 by Ord. No. 4181-09; 7-13-2021 by Ord. No. 4700-21]
(2) 
Public utilities (§ 348-9.6).
(3) 
Nursery schools and day nurseries (§ 348-9.7).
[Amended 3-12-1996 by Ord. No. 3164-96]
(4) 
Home professional offices (§ 348-9.11).
(5) 
Home occupations (§ 348-9.12).
(6) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(6), Veterinary clinics or hospitals or animal care facilities, was repealed 7-13-2021 by Ord. No. 4700-21.
(7) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(7), Community residences for the developmentally disabled, was repealed 11-26-2002 by Ord. No. 3748-02.
(8) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection D(8), Community shelters for victims of domestic violence, was repealed 11-26-2002 by Ord. No. 3748-02.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 80,000 square feet.
(2) 
Minimum lot width: 150 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 100 feet.
(b) 
Corner lot: 150 feet on both streets.
(4) 
Minimum lot depth: 250 feet.
(5) 
Minimum front setback: 60 feet, except:
(a) 
Buildings for enclosure of swine: 200 feet.
(b) 
Buildings for the shelter of 100 or more poultry or more than two head of livestock: 100 feet.
(6) 
Minimum rear yard setback: 30 feet for principal and accessory buildings, except:
(a) 
Buildings 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.
(c) 
Building for the shelter of less than 100 poultry or less than two head of livestock: 50 feet.
(d) 
Private swimming pool: 15 feet.
(7) 
Minimum side yard setback: 20 feet for principal and accessory buildings, except:
(a) 
Building for enclosure of swine: 200 feet.
(b) 
Building for shelter of 100 or more poultry or more than two head of livestock: 100 feet.
(c) 
Building for the shelter of less than 100 poultry or less than two head of livestock: 50 feet.
(d) 
Private swimming pool: 15 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]
(9) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection E(9), regarding minimum gross habitable floor area requirements, amended 2-9-1982 by Ord. No. 2068, was repealed 12-23-2019 by Ord. No. 4652-19.
(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:
(a) 
Minimum lot area: 25,000 square feet.
(b) 
Minimum lot frontage:
[1] 
Interior lot: 65 feet.
[2] 
Corner lot: 110 feet on both streets.
(c) 
Minimum lot width: 125 feet.
(d) 
Minimum lot depth: 150 feet.
(e) 
Minimum front setback: 40 feet.
(f) 
Minimum rear setback:
[1] 
Principal and accessory buildings: 30 feet.
[2] 
Swimming pools: 10 feet.
(g) 
Minimum side setback:
[1] 
Principal and accessory buildings: 15 feet.
[2] 
Swimming pools: 10 feet.
(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.
(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.
[2] 
Minimum lot frontage:
[a] 
Interior lot: 45 feet.
[b] 
Corner lot: 110 feet on both streets.
[3] 
Minimum lot width: 90 feet.
[4] 
Minimum lot depth: 135 feet.
[5] 
Minimum front setback: 30 feet.
[6] 
Minimum rear setback:
[a] 
Principal buildings: 30 feet.
[b] 
Accessory buildings: 20 feet.
[c] 
Swimming pools: 10 feet.
[7] 
Minimum side setback:
[a] 
Principal buildings: 15 feet.
[b] 
Accessory buildings: 10 feet.
[c] 
Private swimming pools: 10 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.
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(3), which included federal, state, county and municipal buildings and grounds, including schools, parks, playgrounds, workshops, warehouses, garages and storage yards, as permitted uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(4) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(4), which included private and parochial schools not operated for profit as permitted uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(4) 
Farm markets for the sale of produce and farm products grown or raised on the premises.
(5) 
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.
(1) 
Churches and places of worship (§ 348-9.5).
[Amended 3-10-2009 by Ord. No. 4181-09; 7-13-2021 by Ord. No. 4700-21]
(2) 
Public utilities (§ 348-9.6).
(3) 
Nursery schools and day nurseries (§ 348-9.7).
[Amended 3-12-1996 by Ord. No. 3164-96]
(4) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(4), Health care facilities, amended 12-26-1978 by Ord. No. 1801, was repealed 7-13-2021 by Ord. No. 4700-21.
(5) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(5), Cemeteries, was repealed 10-27-1993 by Ord. No. 3009-93.
(6) 
Home professional offices (§ 348-9.11).
(7) 
Home occupations (§ 348-9.12).
(8) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection D(8), dealing with animal care facilities, was repealed 10-27-1993 by Ord. No. 3009-93.
(9) 
Quasi-public and private club recreation areas (§ 348-9.18).
(10) 
Farmers' markets or auction markets (§ 348-9.20).
(11) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection D(11), Administrative offices and research laboratories, was repealed 7-13-2021 by Ord. No. 4700-21.
(12) 
(Reserved)[7]
[7]
Editor's Note: Former Subsection D(12), Community residences for the developmentally disabled, added 12-26-1978 by Ord. No. 1801, was repealed 11-26-2002 by Ord. No. 3748-02.
(13) 
(Reserved)[8]
[8]
Editor's Note: Former Subsection D(13), Continuing-care retirement community, added 11-25-1986 by Ord. No. 2452-86, as amended, was repealed 7-13-2021 by Ord. No. 4700-21.
(14) 
(Reserved)[9]
[9]
Editor's Note: Former Subsection D(14), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 11-26-2002 by Ord. No. 3748-02.
(15) 
(Reserved)[10]
[10]
Editor's Note: Former Subsection D(15), Long-term residential health care facilities, added 7-10-1991 by Ord. No. 2840-91, was repealed 7-13-2021 by Ord. No. 4700-21.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 43,560 square feet.
(2) 
Minimum lot width: 150 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 75 feet.
(b) 
Corner lot: 125 feet on both streets.
(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]
(9) 
(Reserved)[11]
[11]
Editor's Note: Former Subsection E(9), regarding minimum gross habitable floor area requirements, amended 2-9-1982 by Ord. No. 2068, was repealed 12-23-2019 by Ord. No. 4652-19.
(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.
(b) 
Minimum lot frontage:
[1] 
Interior lot: 65 feet
[2] 
Corner lot: 125 feet on both streets.
(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]
(f) 
Minimum rear setback:
[1] 
Principal buildings: 30 feet.
[2] 
Accessory buildings: 20 feet.
[3] 
Swimming pools: 10 feet.
(g) 
Minimum side setback:
[1] 
Principal and accessory buildings: 15 feet with two combined side yards not less than 35 feet.
[2] 
Swimming pools: 10 feet.
(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]
(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.
A. 
Permitted uses.
(1) 
Single-family dwellings.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(2), which included federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards, as permitted uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(3) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(3), which included private and parochial schools not operated for profit as permitted uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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 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]
(1) 
Churches and places of worship (§ 348-9.5).
[Amended 3-10-2009 by Ord. No. 4181-09; 7-13-2021 by Ord. No. 4700-21]
(2) 
Public utilities (§ 348-9.6).
(3) 
Nursery schools and day nurseries (§ 348-9.7).
[Amended 3-12-1996 by Ord. No. 3164-96]
(4) 
Home professional offices (§ 348-9.11).
(5) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(5), Community residences for the developmentally disabled, was repealed 11-26-2002 by Ord. No. 3748-02.
(6) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(6), Community shelters for victims of domestic violence, was repealed 11-26-2002 by Ord. No. 3748-02.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 43,560 square feet.
(2) 
Minimum lot width: 150 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 75 feet.
(b) 
Corner lot: 125 feet on both streets.
(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]
(6) 
Minimum rear yard setback:
(a) 
Principal and accessory buildings: 30 feet.
(b) 
Private swimming pools: 10 feet.
(7) 
Minimum side yard setback:
(a) 
Principal and accessory buildings: 20 feet.
(b) 
Private swimming pools: 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]
(9) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection E(9), regarding minimum gross habitable floor area requirements, amended 2-9-1982 by Ord. No. 2068, was repealed 12-23-2019 by Ord. No. 4652-19.
(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.
(b) 
Minimum lot frontage:
[1] 
Interior lot: 65 feet
[2] 
Corner lot: 125 feet on both streets.
(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]
(f) 
Minimum rear setback:
[1] 
Principal buildings: 30 feet.
[2] 
Accessory buildings: 20 feet.
[3] 
Swimming pools: 10 feet.
(g) 
Minimum side setback:
[1] 
Principal and accessory buildings: 15 feet with two combined side yards not less than 35 feet.
[2] 
Swimming pools: 10 feet.
(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]
(6) 
Open space requirements. Reduced lot size (cluster) development shall provide open space subject to the requirements and standards in § 348-8.9.
A. 
Permitted uses.
(1) 
Single-family dwellings.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(2), which included federal, state, county and municipal buildings and grounds, including schools, parks and playgrounds, but not workshops, warehouses, garages and storage yards, as permitted uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(3) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(3), which included private and parochial schools not operated for profit as permitted uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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 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]
(1) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(1), which included churches and places of worship as conditional uses, was repealed 3-10-2009 by Ord. No. 4181-09.
(2) 
Public utilities (§ 348-9.6).
(3) 
Nursery schools and day nurseries (§ 348-9.7).
[Amended 3-12-1996 by Ord. No. 3164-96]
(4) 
Home professional offices (§ 348-9.11).
(5) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(5), Community residences for the developmentally disabled, was repealed 11-26-2002 by Ord. No. 3748-02.
(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).
(c) 
The minimum unoccupied open space required shall be 75% of the gross lot area, and at least 80% of the unoccupied open space provided shall conform to the requirements of § 348-8.9.
(d) 
The development shall conform to the requirements of § 348-5.30.
(7) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection D(7), Community shelters for victims of domestic violence, was repealed 11-26-2002 by Ord. No. 3748-02.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 43,560 square feet.
(2) 
Minimum lot width: 150 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 75 feet.
(b) 
Corner lot: 125 feet on both streets.
(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]
(6) 
Minimum rear yard setback:
(a) 
Principal and accessory buildings: 30 feet.
(b) 
Private swimming pool: 10 feet.
(7) 
Minimum side yard setback:
(a) 
Principal and accessory buildings: 20 feet.
(b) 
Private swimming pools: 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]
(9) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection E(9), regarding minimum gross habitable floor area requirements, amended 2-9-1982 by Ord. No. 2068, was repealed 12-23-2019 by Ord. No. 4652-19.
(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.
(b) 
Minimum lot frontage:
[1] 
Interior lot: 45 feet.
[2] 
Corner lot: 110 feet on both streets.
(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]
(f) 
Minimum rear setback:
[1] 
Principal buildings: 30 feet.
[2] 
Accessory buildings: 30 feet.
[3] 
Swimming pools: 10 feet.
(g) 
Minimum side setback:
[1] 
Principal buildings: 15 feet
[2] 
Accessory buildings: 10 feet.
[3] 
Private swimming pools: 10 feet.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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 12-26-1978 by Ord. No. 1801; 4-9-1985 by Ord. No. 2309-85; 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]
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Home professional offices (§ 348-9.11).
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(4), Community residences for the developmentally disabled, was repealed 11-26-2002 by Ord. No. 3748-02.
(5) 
(Reserved)[2]
[2]
Editor's Note: Former § 101-10.8D(5), Providing for a planned residential retirement development, was repealed 11-23-1994 by Ord. No. 3066-94.
(6) 
In areas west of the Garden State Parkway, continuing-care retirement community (§ 348-9.27).
(7) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(7), Community shelters for victims of domestic violence, was repealed 11-26-2002 by Ord. No. 3748-02.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 20,000 square feet.
(2) 
Minimum lot width: 125 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 65 feet.
(b) 
Corner lot: 125 feet on both streets.
(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]
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 30 feet.
(b) 
Accessory buildings: 20 feet.
(c) 
Private swimming pools: 10 feet.
(7) 
Minimum side yard setback:
(a) 
Principal and accessory buildings: 15 feet with combined side yards not less than 35 feet.
(b) 
Private swimming pools: 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]
(9) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection E(9), regarding minimum gross habitable floor area requirements, amended 2-9-1982 by Ord. No. 2068, was repealed 12-23-2019 by Ord. No. 4652-19.
(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.
(b) 
Minimum lot frontage:
[1] 
Interior lot: 50 feet.
[2] 
Corner lot: 110 feet from both streets.
(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]
(f) 
Minimum rear setback:
[1] 
Principal buildings: 30 feet.
[2] 
Accessory buildings: 20 feet.
[3] 
Swimming pools: 10 feet.
(g) 
Minimum side setback:
[1] 
Principal buildings: 15 feet.
[2] 
Accessory buildings: 15 feet.
[3] 
Swimming pools: 10 feet.
(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]
(6) 
Open space requirements. Reduced lot size (cluster) developments shall provide open space subject to the requirements and standards in § 348-8.9.
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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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.
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Home professional offices (§ 348-9.11).
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(4), regarding recreation areas, was repealed 10-27-1993 by Ord. No. 3009-93.
(5) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(5), regarding offices and research laboratories, was repealed 10-27-1993 by Ord. No. 3009-93.
(6) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(6), Community residences for the developmentally disabled, added 12-26-1978 by Ord. No. 1801, was repealed 11-26-2002 by Ord. No. 3748-02.
(7) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(7), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 11-26-2002 by Ord. No. 3748-02.
(8) 
Quasi-public and private club recreation areas (§ 348-9.18).
[Added 6-23-2009 by Ord. No. 4209-09]
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 15,000 square feet.
(2) 
Minimum lot width: 100 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 50 feet.
(b) 
Corner lot: 110 feet on both streets.
(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.
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 30 feet.
(b) 
Accessory buildings: 20 feet.
(c) 
Private swimming pools: 10 feet.
(7) 
Minimum side yard setback:
(a) 
Principal and accessory buildings: 15 feet.
(b) 
Private swimming pools: 10 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.
(9) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection E(9), regarding minimum gross habitable floor area requirements, amended 2-9-1982 by Ord. No. 2068, was repealed 12-23-2019 by Ord. No. 4652-19.
(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:
(a) 
Minimum lot area: 7,500 square feet.
(b) 
Minimum lot frontage:
[1] 
Interior lot: 40 feet.
[2] 
Corner lot: 110 feet on the street which the dwelling faces and 100 feet on the other street.
(c) 
Minimum lot width: 75 feet.
(d) 
Minimum lot depth: 100 feet.
(e) 
Minimum front setback: 25 feet.
(f) 
Minimum rear setback:
[1] 
Principal buildings: 20 feet.
[2] 
Accessory buildings: 12 feet.
[3] 
Swimming pools: 10 feet.
(g) 
Minimum side setback:
[1] 
Principal buildings: eight feet with two combined side yards not less than 20 feet.
[2] 
Accessory buildings: eight feet.
[3] 
Swimming pools: eight feet.
(h) 
Maximum impervious coverage: 60%.
[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 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.
(6) 
Open space requirements. Reduced lot size (cluster) developments shall provide open space subject to the requirements and standards in § 348-8.9.
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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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.
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Home professional offices (§ 348-9.11).
(4) 
Quasi-public and private club recreation areas (§ 348-9.18).
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(5), Community residences for the developmentally disabled, added 12-26-1978 by Ord. No. 1801, was repealed 11-26-2002 by Ord. No. 3748-02.
(6) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(6), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 11-26-2002 by Ord. No. 3748-02.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 12,000 square feet.
(2) 
Minimum lot width: 90 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 45 feet.
(b) 
Corner lot: 110 feet on both streets.
(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.
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 30 feet.
(b) 
Accessory buildings: 15 feet.
(c) 
Private swimming pools: 10 feet.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: 10 feet, with two combined side yards not less than 25 feet.
(b) 
Accessory buildings: 10 feet.
(c) 
Private swimming pools: 10 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.
(9) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(9), regarding minimum gross habitable floor area requirements, amended 2-9-1982 by Ord. No. 2068, was repealed 12-23-2019 by Ord. No. 4652-19.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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.
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Home professional offices (§ 348-9.11).
(4) 
Quasi-public and private club recreation areas (§ 348-9.18).
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(5), Community residences for the developmentally disabled, added 12-26-1978 by Ord. No. 1801, was repealed 11-26-2002 by Ord. No. 3748-02.
(6) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(6), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 11-26-2002 by Ord. No. 3748-02.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 10,000 square feet.
(2) 
Minimum lot width: 80 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 40 feet.
(b) 
Corner lot: 110 feet on both streets.
(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.
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 30 feet.
(b) 
Accessory buildings: 15 feet.
(c) 
Private swimming pools: 10 feet.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: 10 feet with two combined side yards not less than 25 feet.
(b) 
Accessory buildings: 10 feet.
(c) 
Private swimming pools: 10 feet.
(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.
(9) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(9), regarding minimum gross habitable floor area requirements, amended 2-9-1982 by Ord. No. 2068, was repealed 12-23-2019 by Ord. No. 4652-19.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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.
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Marinas, but excluding boatyards (§ 348-9.10).
(4) 
Home professional offices (§ 348-9.11).
(5) 
Quasi-public and private club recreation areas (§ 348-9.18).
(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.
[3] 
Minimum front setback:
[a] 
Principal and accessory buildings: 75 feet.
[b] 
Parking areas: 20 feet.
[4] 
Minimum side and rear setbacks:
[a] 
Principal and accessory buildings: 50 feet.
[b] 
Parking areas: 20 feet.
[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.
(7) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(7), Community residences for the developmentally disabled, added 12-26-1978 by Ord. No. 1801, was repealed 11-26-2002 by Ord. No. 3748-02.
(8) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(8), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 11-26-2002 by Ord. No. 3748-02.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 9,000 square feet.
(2) 
Minimum lot width: 75 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 40 feet.
(b) 
Corner lot: 110 feet on both streets.
(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.
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 30 feet.
(b) 
Accessory buildings: 15 feet.
(c) 
Private swimming pools: 10 feet.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: 10 feet with two combined side yards not less than 25 feet.
(b) 
Accessory buildings: 10 feet.
(c) 
Private swimming pools: 10 feet.
(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.
(9) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(9), regarding minimum gross habitable floor area requirements, amended 2-9-1982 by Ord. No. 2068, was repealed 12-23-2019 by Ord. No. 4652-19.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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.
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Marinas, but excluding boatyards (§ 348-9.10).
(4) 
Home professional offices (§ 348-9.11).
(5) 
Quasi-public and private club recreation areas (§ 348-9.18).
(6) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(6), Community residences for the developmentally disabled, added 12-26-1978 by Ord. No. 1801, was repealed 11-26-2002 by Ord. No. 3748-02.
(7) 
Single-family attached dwellings (§ 348-9.25).
[Added 4-26-1983 by Ord. No. 2166-83]
(8) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(8), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 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.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 40 feet.
(b) 
Corner lot: 100 feet on both streets.
(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) 
Minimum rear yard setback:
(a) 
Principal buildings: 20 feet.
(b) 
Accessory buildings: 12 feet.
(c) 
Private swimming pools: 10 feet.
(d) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[Added 5-28-2013 by Ord. No. 4403-13]
[1] 
May extend into the rear yard area no more than 10 feet or 10% of lot depth, whichever is less; and
[2] 
May not be located less than three feet from the rear lot line.
(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.
(9) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(9), regarding minimum gross habitable floor area requirements, was repealed 12-23-2019 by Ord. No. 4652-19.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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.
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Marinas, but excluding boatyards (§ 348-9.10).
(4) 
Home professional offices (§ 348-9.11).
(5) 
Quasi-public and private club recreation areas (§ 348-9.18).
(6) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(6), Community residences for the developmentally disabled, added 12-26-1978 by Ord. No. 1801, was repealed 11-26-2002 by Ord. No. 3748-02.
(7) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(7), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 11-26-2002 by Ord. No. 3748-02.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 5,000 square feet.
(2) 
Minimum lot width: 50 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 40 feet.
(b) 
Corner lot: 90 feet on both streets.
(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) 
Minimum rear yard setback:
(a) 
Principal buildings: 20 feet.
(b) 
Accessory buildings: 10 feet.
(c) 
Private swimming pools: eight feet.
(d) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[Added 5-28-2013 by Ord. No. 4403-13]
[1] 
May extend into the rear yard area no more than 10 feet or 10% of lot depth, whichever is less; and
[2] 
May not be located less than three feet from the rear lot line.
(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.
(9) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(9), regarding minimum gross habitable floor area requirements, was repealed 12-23-2019 by Ord. No. 4652-19.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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 12-26-1978 by Ord. No. 1801; 4-8-1986 by Ord. No. 2389-86]
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Home professional offices (§ 348-9.11).
(4) 
Quasi-public and private club recreation areas (§ 348-9.18).
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(5), Community residences for the developmentally disabled, was repealed 11-26-2002 by Ord. No. 3748-02.
(6) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(6), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 11-26-2002 by Ord. No. 3748-02.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 4,000 square feet.
(2) 
Minimum lot width: 40 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 40 feet.
(b) 
Corner lot: 90 feet on both streets.
(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]
(a) 
Minimum front setback: 20 feet or 20% of lot depth, or the prevailing front setback, whichever is less.
[Amended 11-25-2014 by Ord. No. 4467-14; 8-22-2017 by Ord. No. 4554-17]
(b) 
(Reserved)
(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.
(d) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[Added 5-28-2013 by Ord. No. 4403-13]
[1] 
May extend into the rear yard area no more than 10 feet or 10% of lot depth, whichever is less; and
[2] 
May not be located less than three feet from the rear lot line.
(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.
(9) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(9), Minimum gross habitable floor area, was repealed 11-9-2004 by Ord. No. 3917-04.
(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%.
[Added 3-25-2014 by Ord. No. 4429-14; amended 8-22-2017 by Ord. No. 4554-17[4]]
[4]
Editor's Note: This ordinance also repealed former Subsection E(11), regarding erection of single-family dwellings and accessory structures on certain parcels, and renumbered Subsection E(12) as Subsection E(11).
(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]
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) 
Essential services.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
D. 
Conditional uses.
(1) 
Public utilities (§ 348-9.6).
(2) 
Quasi-public and private club recreation areas (§ 348-9.18).
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.
(3) 
Minimum lot frontage:
(a) 
Interior lots: 40 feet.
(b) 
Corner lots: 82 combined minimum lot frontage.
(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.
(d) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[1] 
Ten percent of lot depth; and
[2] 
May not be located less than two feet from the rear lot line.
(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.
(e) 
Decks: two feet minimum; 22 feet combined setback 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).
(8) 
Maximum lot coverage by buildings:
(a) 
Lots up to 2,000 square feet: 47 1/2%.
(b) 
Lots over 2,000 square feet: 950 square feet plus 25% of the lot area over 2,000 square feet.
(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]
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) 
Essential services.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
D. 
Conditional uses:
(1) 
Public utilities (§ 348-9.6).
(2) 
Quasi-public and private club recreation areas (§ 348-9.18).
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 3,500 square feet.
(2) 
Minimum lot width: 50 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lots: 40 feet.
(b) 
Corner lots: 130 feet combined minimum lot frontage.
(4) 
Minimum lot depth: 70 feet.
(5) 
Minimum front yard setback:
(a) 
Twenty feet.
(6) 
Minimum rear yard setback:
[Amended 2-26-2019 by Ord. No. 4622-19]
(a) 
Principal building: 10 feet.
(b) 
Accessory buildings: 10% of lot depth, not to exceed 10 feet.
(c) 
Private swimming pools: eight feet.
(d) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[1] 
10% of lot depth, not to exceed 10 feet; and
[2] 
May not be located less than three feet from the rear lot line.
(7) 
Minimum side yard setback:
[Amended 10-23-2018 by Ord. No. 4607-18]
(a) 
Principal building: two feet minimum.
(b) 
Combined principal building side yard setback: 12 feet.
(c) 
Accessory buildings: two feet.
(d) 
Private swimming pools: four feet from lot line; six feet from any fence.
(e) 
Decks: two feet minimum; 12 feet combined setback.
(8) 
Maximum lot coverage by buildings:
(a) 
Lots up to 2,000 square feet: 47 1/2%.
(b) 
Lots over 2,000 square feet: 950 square feet plus 25% of the lot area over 2,000 square feet.
(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.
(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.
[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) 
Essential services.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
D. 
Conditional uses.
(1) 
Public utilities (§ 348-9.6).
(2) 
Quasi-public and private club recreation areas (§ 348-9.18).
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 4,000 square feet.
(2) 
Minimum lot width: 40 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lots: 40 feet.
(b) 
Corner lots: 130 feet combined minimum lot frontage.
(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) 
Minimum rear yard setback:
[Amended 2-26-2019 by Ord. No. 4622-19]
(a) 
Principal building: 10 feet.
(b) 
Accessory buildings: 10% of lot depth not to exceed 10 feet.
(c) 
Private swimming pools: eight feet.
(d) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[1] 
10% of lot depth not to exceed 10 feet; and
[2] 
May not be located less than three feet from the rear lot line.
(7) 
Minimum side yard setback: five feet.
(a) 
Principal building: five feet.
(b) 
Combined principal building: 10 feet.
(c) 
Accessory buildings: five feet.
(d) 
Private swimming pools: four feet from lot line; six feet from any fence.
(e) 
Decks: five feet minimum; 10 feet combined setback.
(8) 
Maximum lot coverage by buildings:
(a) 
Lots up to 2,000 square feet: 47 1/2%.
(b) 
Lots over 2,000 square feet: 950 square feet plus 25% of the lot area over 2,000 square feet.
(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]
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) 
Essential services.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13, subject to a fence height limit of 36 inches and a minimum of 50% open.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
D. 
Conditional uses.
(1) 
Public utilities (§ 348-9.6).
(2) 
Quasi-public and private club recreation areas (§ 348-9.18).
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.
(3) 
Minimum lot frontage:
(a) 
Interior lots: 38 feet.
(b) 
Corner lots: 80 feet combined minimum lot frontage.
(4) 
Minimum lot depth: not applicable.
(5) 
Minimum front yard setback:
(a) 
Two feet, except for oceanfront lots where 20 feet is required.
(6) 
Minimum rear yard setback:
[Amended 2-26-2019 by Ord. No. 4622-19]
(a) 
Principal building: six feet, but no closer than 35 feet to the easterly side of an oceanfront lot.
(b) 
Accessory buildings: 10% of lot depth, not to exceed principal building setback.
(c) 
Private swimming pools: eight feet.
(d) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[1] 
10% of lot depth, not to exceed principal building setback; and
[2] 
May not be located less than three feet from the rear lot line.
(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.
(e) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[1] 
Two feet minimum; 10 feet combined setback.
(8) 
Maximum lot coverage by buildings:
(a) 
Lots up to 2,000 square feet: 47 1/2%.
(b) 
Lots over 2,000 square feet: 950 square feet plus 25% of the lot area over 2,000 square feet.
(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]
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) 
Essential services.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
D. 
Conditional uses.
(1) 
Public utilities (§ 348-9.6).
(2) 
Quasi-public and private club recreation areas (§ 348-9.18).
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 3,950 square feet.
(2) 
Minimum lot width: 40 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lots: 40 feet.
(b) 
Corner lots: 129 feet combined minimum lot frontage.
(4) 
Minimum lot depth: not applicable.
(5) 
Minimum front yard setback: 20 feet.
(6) 
Minimum rear yard setback: 20 feet.
(a) 
Principal building: 20 feet, but oceanfront lots shall provide a setback of at least 25 feet on the easterly side of the lot.
(b) 
Accessory buildings: 10% of lot depth.
(c) 
Private swimming pools: eight feet.
(d) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[1] 
Ten percent of lot depth; and
[2] 
May not be located less than three feet from the rear lot line.
(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.
(e) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[1] 
Four feet minimum; 12 feet combined setback, except oceanfront lots eight feet side setback with combined 16 feet.
(8) 
Maximum lot coverage by buildings:
(a) 
Lots up to 2,000 square feet: 47 1/2%.
(b) 
Lots over 2,000 square feet: 950 square feet plus 25% of the lot area over 2,000 square feet.
(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.
(1) 
All applications for construction permits and zoning permits shall include proof of notice to the Ocean Beach Shores Club.
(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 Shores Club.
[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) 
Essential services.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
D. 
Conditional uses: none.
(1) 
Public utilities (§ 348-9.6).
(2) 
Quasi-public and private club recreation areas (§ 348-9.18).
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.
(3) 
Minimum lot frontage:
(a) 
Interior lots: 40 feet.
(b) 
Corner lots: 80 feet combined minimum lot frontage.
(4) 
Minimum lot depth: 30 feet.
(5) 
Minimum front yard setback:
(a) 
Two feet.
(b) 
Twenty-five feet to the easterly side of an oceanfront lot, and 20 feet to the street line. At the option of the owner, these setbacks may be reduced but shall not be less than the average setback of all principal buildings on the same side of the street and within 200 feet.
(6) 
Minimum rear yard setback:
[Amended 2-26-2019 by Ord. No. 4622-19]
(a) 
Principal building: two feet, but oceanfront lots shall provide a setback of at least 20 feet on the easterly side of the lot.
(b) 
Accessory buildings: 10% of lot depth, not to exceed principal building setback.
(c) 
Private swimming pools: two feet; six feet from any fence.
(d) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[1] 
10% of lot depth, not to exceed principal building setback.
[2] 
May not be located less than two feet from the rear lot line.
(7) 
Minimum side yard setback: four feet with two combined side yards not less than 12 feet.
(a) 
Principal building: four feet.
(b) 
Combined principal building: 12 feet.
(c) 
Accessory buildings: four feet.
(d) 
Private swimming pools: four feet from lot line; six feet from any fence.
(e) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[1] 
Four feet minimum; 12 feet combined setback.
(8) 
Maximum lot coverage by buildings:
(a) 
Lots up to 2,000 square feet: 47 1/2%.
(b) 
Lots over 2,000 square feet: 950 square feet plus 25% of the lot area over 2,000 square feet.
(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]
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) 
Essential services.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
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.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
D. 
Conditional uses.
(1) 
Public utilities (§ 348-9.6).
(2) 
Quasi-public and private club recreation areas (§ 348-9.18).
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.
(3) 
Minimum lot frontage:
(a) 
Interior lots: 40 feet.
(b) 
Corner lots: 75 feet combined minimum lot frontage.
(4) 
Minimum front yard setback:
(a) 
Two feet.
(5) 
Minimum rear yard setback:
[Amended 2-26-2019 by Ord. No. 4622-19]
(a) 
Principal building: three feet, except that oceanfront lots shall be a minimum of 35 feet to the easterly side property line.
(b) 
Accessory buildings: 10% of lot depth, not to exceed principal building setback.
(c) 
Private swimming pools: two feet; six feet from any fence.
(d) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[1] 
10% of lot depth, not to exceed principal building setback; and
[2] 
May not be located less than two feet from the rear lot line.
(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.
(7) 
Maximum lot coverage by buildings:
(a) 
Lots up to 2,000 square feet: 47 1/2%.
(b) 
Lots over 2,000 square feet: 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 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.
(1) 
All applications for construction permits and zoning permits shall include proof of notice to the Ocean Beach Surf Club.
(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 Surf Club.
[Added 8-22-2017 by Ord. No. 4554-17]
A. 
Permitted uses.
(1) 
Single-family dwelling.
(2) 
Single-family manufactured housing.
(3) 
Off-site parking area for manufactured housing.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
D. 
Conditional uses.
(1) 
Public utilities (§ 348-9.6).
(2) 
Quasi-public and private club recreation areas (§ 348-9.18).
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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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 12-26-1978 by Ord. No. 1801; 6-11-1985 by Ord. No. 2329-85; 4-8-1986 by Ord. No. 2389-86]
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Home professional offices (§ 348-9.11).
(4) 
Boardinghouses and rooming houses (§ 348-9.13).
(5) 
Quasi-public and private club recreation areas (§ 348-9.18).
(6) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(6), Community residences for the developmentally disabled, was repealed 11-26-2002 by Ord. No. 3748-02.
(7) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(7), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 11-26-2002 by Ord. No. 3748-02.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area:
(a) 
Single-family dwellings: 4,000 square feet.
(b) 
Two-family dwellings: 6,000 square feet.
(2) 
Minimum lot width:
(a) 
Single-family dwellings: 40 feet.
(b) 
Two-family dwellings: 60 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 40 feet.
(b) 
Corner lot: 90 feet on both streets.
(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]
(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.
[Amended 11-25-2014 by Ord. No. 4467-14]
(b) 
(Reserved)
(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.
(d) 
Decks: decks greater than 36 inches in height are subject to the following requirements:
[Added 5-28-2013 by Ord. No. 4403-13]
[1] 
May extend into the rear yard area no more than 10 feet or 10% of lot depth, whichever is less; and
[2] 
May not be located less than three feet from the rear lot line.
(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.
(9) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(9), Minimum gross habitable floor area, was repealed 11-9-2004 by Ord. No. 3917-04.
(10) 
Maximum impervious coverage: two times permitted building coverage, not to exceed 90%.
[Added 3-25-2014 by Ord. No. 4429-14; amended 8-22-2017 by Ord. No. 4554-17[4]]
[4]
Editor's Note: This ordinance also repealed former Subsection E(10) and (11), as amended, regarding erection of single-family dwellings and accessory structures on certain parcels, and renumbered Subsection E(12) and (13) as Subsection E(10) and (12), respectively.
(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.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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.
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Home professional offices (§ 348-9.11).
(4) 
Quasi-public and private club recreation areas (§ 348-9.18).
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(5), Community residences for the developmentally disabled, added 12-26-1978 by Ord. No. 1801, was repealed 11-26-2002 by Ord. No. 3748-02.
(6) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(6), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 11-26-2002 by Ord. No. 3748-02.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area:
(a) 
Multifamily dwellings: five acres.
(b) 
Single-family dwellings: 15,000 square feet.
(2) 
Minimum lot width: 100 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 55 feet.
(b) 
Corner lot: 110 feet on both streets.
(4) 
Minimum lot depth: 140 feet.
(5) 
Minimum front setback:
(a) 
Multifamily dwellings: 75 feet.
(b) 
Single-family dwellings: 40 feet on local, local collector, minor collector and major collector streets and 60 feet on minor or principal arterial highways.
(6) 
Minimum rear yard setback:
(a) 
Multifamily dwellings: 40 feet.
(b) 
Single-family dwellings:
[1] 
Principal and accessory buildings: 30 feet.
[2] 
Private swimming pools: 10 feet.
(7) 
Minimum side yard setback:
(a) 
Multifamily dwellings: 40 feet.
(b) 
Single-family dwellings:
[1] 
Principal and accessory buildings: 15 feet.
[2] 
Private swimming pools: 10 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]
A. 
Permitted uses.
(1) 
Multifamily dwellings at a density not to exceed 10 units per gross acre, subject to the provisions of § 348-8.18.
(2) 
Essential services.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences, subject to the provisions of § 348-8.13.
(2) 
Private swimming pools, subject to the provisions of § 348-8.21.
(3) 
Signs, subject to the provisions of § 348-8.26.
(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 article.
(1) 
Public utilities (§ 348-9.6).
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]
A. 
Permitted uses.
(1) 
Multifamily dwellings at a density not to exceed 18 units per gross acre, subject to the provisions of § 348-8.18.
(2) 
Essential services.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences, subject to the provisions of § 348-8.13.
(2) 
Private swimming pools, subject to the provisions of § 348-8.21.
(3) 
Signs, subject to the provisions of § 348-8.26.
(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 article.
(1) 
Public utilities (§ 348-9.6).
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.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20 as modified herein.
C. 
Permitted accessory uses.
(1) 
Fences subject to § 348-8.13
(2) 
Signs subject to § 348-8.26
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building
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:
(a) 
Minimum setback from drives and circulation roadways: 30 feet with sidewalks, 25 feet without sidewalks.
(b) 
Minimum setback from parking areas: 20 feet.
(c) 
Parking area setback from public right of way: 25 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: 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.
(11) 
Minimum distance between buildings:
(a) 
No windows either building: 25 feet.
(b) 
One or both buildings with windows: 40 feet.
(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.
(15) 
Recreation area.
(a) 
Minimum area per unit: 250 square feet.
(b) 
Pool size: 15 square feet per unit, but not less than 500 square feet nor more than 2,000 square feet is required.
[Amended 2-26-2019 by Ord. No. 4622-19]
(16) 
Minimum gross habitable floor area.
(a) 
Market units: no minimum unit size.
(b) 
Affordable units: no minimum unit size.
(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.
[1] 
Handicap parking stalls shall comply with Subsection C, Parking space design, and Subsection D, Parking space signage of § 348-8.38 entitled "Handicapped facilities," and the American with Disabilities Act, Public Law 348-366.
[2] 
Minimum compact vehicle stalls shall be eight feet by 18 feet.
(18) 
Road width.
(a) 
Entrance roads: minimum 40 feet: two lanes, one egress 18 feet in width and one ingress 18 feet in width, separated by an island of not less than four feet in width.
(b) 
Interior roads:
[1] 
With rolled curbs: 26 feet.
[2] 
With vertical curbs: 38 feet.
(19) 
Bedroom mix.
(a) 
Market rate units: as set forth in Subsection A(1) above.
(b) 
Affordable units: in accordance with COAH regulations.
(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.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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.
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Home professional offices (§ 348-9.11).
(4) 
Quasi-public and private club recreation areas (§ 348-9.18).
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.
(5) 
Minimum front setback, subject to the provisions of § 348-8.18 and § 348-8.40.
(6) 
Minimum rear yard setback, subject to the provisions of § 348-8.18 and § 348-8.40.
(7) 
Minimum side yard setback, subject to the provisions of § 348-8.18 and § 348-8.40.
(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.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20 as modified herein.
C. 
Permitted accessory uses.
(1) 
Fences subject to § 348-8.13.
(2) 
Signs subject to § 348-8.26.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
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.
(a) 
Minimum setback from drives and circulation roadways: 30 feet with sidewalks, 25 feet without sidewalks.
(b) 
Minimum setback from parking areas: 20 feet.
(c) 
Parking area setback from public right-of-way: 25 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.
(11) 
Minimum distance between buildings:
(a) 
No windows either building: 25 feet.
(b) 
One or both buildings with windows: 40 feet.
(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.
(15) 
Recreation area.
(a) 
Minimum area per unit: 250 square feet.
(b) 
Pool size: 15 square feet per unit, but not less than 500 square feet nor more than 3,500 square feet is required.
(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.
[1] 
Handicap parking stalls shall comply with Subsection C, Parking space design, and Subsection D, Parking space signage, of § 348-8.38, entitled "Handicapped facilities," and the American with Disabilities Act, Public Law 348-366.
[2] 
Minimum compact vehicle stalls shall be eight feet by 18 feet.
(17) 
Road width.
(a) 
Entrance roads: minimum 40 feet: two lanes, one egress 18 feet in width and one ingress 18 feet in width, separated by an island of not less than four feet in width.
(b) 
Interior roads:
[1] 
With rolled curbs: 26 feet.
[2] 
With vertical curbs: 38 feet.
(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]
(2) 
Single-family dwellings in accordance with the requirements of § 348-10.15.
(3) 
Two-family dwellings in accordance with the requirements of § 348-10.16.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20, in addition to Subsections H and P herein.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions § 348-8.26.
(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.
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Marinas, excluding boatyards (§ 348-9.10).
(4) 
Home professional offices (§ 348-9.11).
(5) 
Quasi-public and private club recreation areas (§ 348-9.18).
(6) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(6), Community residences for the developmentally disabled, was repealed 11-26-2002 by Ord. No. 3748-02.
(7) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(7), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 11-26-2002 by Ord. No. 3748-02.
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.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 75 feet.
(b) 
Corner lot: 100 feet both streets.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences, subject to the provisions of § 348-8.13.
(2) 
Private swimming pools, subject to the provisions of § 348-8.21.
(3) 
Signs, subject to the provisions of § 348-8.26.
(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.
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Marinas, but excluding boatyards (§ 348-9.10).
(4) 
Home professional offices (§ 348-9.11).
(5) 
Quasi-public and private club recreation areas (§ 348-9.18).
(6) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(6), Community residences for the developmentally disabled, was repealed 11-26-2002 by Ord. No. 3748-02.
(7) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(7), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 11-26-2002 by Ord. No. 3748-02.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area:
(a) 
Multifamily dwellings: four acres.
(b) 
Single-family dwellings: 9,000 square feet.
(2) 
Minimum lot width: 75 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 40 feet.
(b) 
Corner lot: 110 feet on both streets.
(4) 
Minimum lot depth: 120 feet.
(5) 
Minimum front setback:
(a) 
Multifamily dwellings: 75 feet.
(b) 
Single-family dwellings: 40 feet on local, local collector, minor collector and major collector streets and 60 feet on minor or principal arterial highways.
(6) 
Minimum rear yard setback:
(a) 
Multifamily dwellings: 40 feet.
(b) 
Single-family dwellings:
[1] 
Principal buildings: 30 feet.
[2] 
Accessory buildings: 15 feet.
[3] 
Private swimming pools: 10 feet.
(7) 
Minimum side yard setback:
(a) 
Multifamily dwellings: 40 feet.
(b) 
Single-family dwellings:
[1] 
Principal buildings: 10 feet, with two combined side yards not less than 25 feet.
[2] 
Accessory buildings: 10 feet.
[3] 
Private swimming pool: 10 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:
(a) 
Clubhouses.
(b) 
Picnic grounds.
(c) 
Playgrounds.
(d) 
Shuffleboard, horseshoe and tennis courts.
(e) 
Swimming pools.
(f) 
Licensed day-care facilities.
(g) 
Maintenance buildings.
(h) 
Administrative/rental buildings.
(3) 
Essential services.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26.
(3) 
Other customary uses which are clearly incidental to the principal use of the building.
D. 
(Reserved)
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: five acres.
(2) 
Minimum lot width: 100 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 55 feet.
(b) 
Corner lot: 110 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.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Off-street loading subject to the provisions of § 348-8.19.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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.
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Research laboratories (§ 348-9.22)
(4) 
Community shelters for victims of domestic violence (see § 348-9.28).
(5) 
Hotels and motels (§ 348-9.15), provided such facility has access to both Fischer Boulevard and Hooper Avenue, and provided further that such facility shall not exceed six stories or 65 feet in height.
[Added 12-27-2006 by Ord. No. 4064-06]
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.
(5) 
Minimum front setback:
(a) 
Principal and accessory buildings: 100 feet.
(b) 
Parking areas and vehicular circulation aisles: 35 feet.
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 30 feet.
(b) 
Accessory buildings: 30 feet.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: 20 feet with two combined side yards not less than 50 feet.
(b) 
Accessory buildings: 20 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.
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(1), which listed single-family dwellings, was repealed 11-25-1997 by Ord. No. 3303-97.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Off-street loading subject to the provisions of § 348-8.19.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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 12-26-1978 by Ord. No. 1801]
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Home professional offices (§ 348-9.11).
(4) 
Research laboratories (§ 348-9.22)
(5) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(5), concerning trailers as a conditional use, was repealed 2-8-1989 by Ord. No. 2633-89. For current provisions concerning trailers, see Ch. 308, Fire Prevention and Protection, Art. VIII.
(6) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(6), Community residences for the developmentally disabled, was repealed 11-26-2002 by Ord. No. 3748-02.
(7) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(7), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 11-26-2002 by Ord. No. 3748-02.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area:
(a) 
Single-family dwellings: 15,000 square feet.
(b) 
Offices: one acre (43,560 square feet).
(2) 
Minimum lot width:
(a) 
Single-family dwellings: 100 feet.
(b) 
Offices: 150 feet.
(3) 
Minimum lot frontage:
(a) 
Single-family dwellings:
[1] 
Interior lot: 50 feet.
[2] 
Corner lot: 110 feet on both streets.
(b) 
Offices: 150 feet.
(4) 
Minimum lot depth:
(a) 
Single-family dwellings: 140 feet.
(b) 
Offices: 200 feet.
(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]
(b) 
Offices:
[1] 
Principal and accessory buildings: 100 feet.
[2] 
Parking areas and vehicular circulation aisles: 35 feet.
(6) 
Minimum rear yard setback:
(a) 
Single-family dwellings:
[1] 
Principal buildings: 30 feet.
[2] 
Accessory buildings: 20 feet.
[3] 
Private swimming pools: 10 feet.
(b) 
Offices:
[1] 
Principal buildings: 30 feet.
[2] 
Accessory buildings: 30 feet.
(7) 
Minimum side yard setback:
(a) 
Single-family dwellings:
[1] 
Principal building and accessory buildings: 15 feet.
[2] 
Private swimming pools: 10 feet.
(b) 
Offices:
[1] 
Principal buildings: 20 feet with two combined side yards not less than 50 feet.
[2] 
Accessory buildings: 20 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) 
Minimum gross habitable floor area:
(a) 
One-bedroom house: 1,060 square feet.
(b) 
Two-bedroom house: 1,160 square feet.
(c) 
Three-bedroom house: 1,260 square feet.
(d) 
Four-or-more-bedroom house: 1,360 square feet.
(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.
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(1), which listed single-family dwellings, was repealed 11-25-1997 by Ord. No. 3303-97.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Off-street loading subject to the provisions of § 348-8.19.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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.
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Home professional offices (§ 348-9.11).
(4) 
Research laboratories (§ 348-9.22).
(5) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(5), concerning trailers as a conditional use, was repealed 2-8-1989 by Ord. No. 2633-89. For current provisions concerning trailers, see Ch. 308, Fire Prevention and Protection, Art. VIII.
(6) 
Community residences for the developmentally disabled (§ 348-9.24).
[Added 12-26-1978 by Ord. No. 1801]
(7) 
Community shelters for victims of domestic violence (see § 348-9.28).
[Added 4-11-1990 by Ord. No. 2729-90]
(8) 
Hotels and motels (§ 348-9.15).
[Added 10-28-2008 by Ord. No. 4164-08[3]]
[3]
Editor's Note: This ordinance was readopted 3-10-2009 by Ord. No. 4183-09.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area:
(a) 
Single-family dwellings: 9,000 square feet.
(b) 
Offices: one acre (43,560 square feet).
(2) 
Minimum lot width:
(a) 
Single-family dwellings: 75 feet.
(b) 
Offices: 150 feet.
(3) 
Minimum lot frontage:
(a) 
Single-family dwellings:
[1] 
Interior lot: 40 feet.
[2] 
Corner lot: 110 feet on both streets.
(b) 
Offices: 150 feet.
(4) 
Minimum lot depth:
(a) 
Single-family dwellings: 120 feet.
(b) 
Offices: 200 feet.
(5) 
Minimum front setback:
(a) 
Single-family dwellings: 40 feet on local, local collector, minor collector and major collector streets and 60 feet on minor or principal arterial highways.
(b) 
Offices: 100 feet.
[1] 
Principal and accessory buildings: 100 feet.
[2] 
Parking areas and vehicular circulation aisles: 35 feet.
(6) 
Minimum rear yard setback:
(a) 
Single-family dwellings:
[1] 
Principal buildings: 30 feet.
[2] 
Accessory buildings: 15 feet.
[3] 
Private swimming pools: 10 feet.
(b) 
Offices:
[1] 
Principal buildings: 30 feet.
[2] 
Accessory buildings: 20 feet.
(7) 
Minimum side yard setback:
(a) 
Single-family dwellings:
[1] 
Principal buildings: 10 feet with two combined side yards not less than 25 feet.
[2] 
Accessory buildings: 10 feet.
[3] 
Private swimming pools: 10 feet.
(b) 
Offices:
[1] 
Principal buildings: 20 feet with two combined side yards not less than 50 feet.
[2] 
Accessory buildings: 20 feet.
(8) 
Maximum building height:
[Amended 4-25-2001 by Ord. No. 3597-01; 8-14-2018 by Ord. No. 4597-18]
(a) 
Office buildings on properties with access to or frontage on Hooper Avenue: seven stories and 98 feet subject to the provisions of § 348-5.12.
(b) 
All other buildings: 45 feet subject to the provisions of § 348-5.12.
[Amended 2-26-2019 by Ord. No. 4622-19]
(9) 
Minimum gross habitable floor area:
(a) 
One-bedroom house: 960 square feet.
(b) 
Two-bedroom house: 1,060 square feet.
(c) 
Three-bedroom house: 1,160 square feet.
(d) 
Four-or-more-bedroom house: 1,260 square feet.
(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]
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(5), listing medical and dental clinics, as amended, was repealed 12-27-2006 by Ord. No. 4064-06.
(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]
(9) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(9), which listed churches and places of worship, as amended, was repealed 12-27-2006 by Ord. No. 4064-06.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Off-street loading subject to the provisions of § 348-8.19.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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.
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities in that portion of the zone east of the Garden State Parkway only.
[Amended 6-13-1990 by Ord. No. 2748-90]
(3) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(3), which listed home professional offices as a permitted conditional use in the VO Zone, was repealed 2-9-1982 by Ord. No. 2068.
(4) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(4), concerning trailers as a conditional use, was repealed 2-8-1989 by Ord. No. 2633-89. For current provisions concerning trailers, see Ch. 308, Fire Prevention and Protection, Art. VIII.
(5) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection D(5), Community residences for the developmentally disabled, added 12-26-1978 by Ord. No. 1801, was repealed 11-26-2002 by Ord. No. 3748-02.
(6) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection D(6), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 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.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 75 feet.
(b) 
Corner lot: 100 feet on both streets.
(4) 
Minimum lot depth: 100 feet.
(5) 
Minimum front setback: 35 feet.
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 25 feet.
(b) 
Accessory buildings: 15 feet.
(c) 
Private swimming pools: 10 feet.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: 15 feet.
(b) 
Accessory buildings: 10 feet.
(c) 
Private swimming pools: 10 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]
(9) 
Minimum gross habitable floor area:
(a) 
One-bedroom house: 860 square feet.
(b) 
Two-bedroom house: 960 square feet.
(c) 
Three-bedroom house: 1,060 square feet.
(d) 
Four-or-more-bedroom house: 1,160 square feet.
(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.
G. 
(Reserved)[7]
[7]
Editor's Note: Former Subsection G, Alternate regulations for restoration of existing buildings and/or new development, was repealed 12-27-2006 by Ord. No. 4064-06.
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.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
(4) 
Outdoor cafes, subject to the provisions of § 348-8.41.
[Added 12-27-2006 by Ord. No. 4064-06]
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
(1) 
Public utilities (§ 348-9.6).
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(2), concerning theaters as a conditional use, was repealed 8-14-1991 by Ord. No. 2848-91. See now Subsection A(11).
(3) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(3), concerning trailers as a conditional use, was repealed 2-8-1989 by Ord. No. 2633-89. For current provisions concerning trailers, see Ch. 308, Fire Prevention and Protection, Art. VIII.
(4) 
Hotels and motels (§ 348-9.15) only in that portion of the Village Business Zone located south of West Water Street.
[Added 11-25-1986 by Ord. No. 2453-86]
(5) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(5), which listed multifamily dwellings, added 11-25-1986 by Ord. No. 2453-86, was repealed 12-27-2006 by Ord. No. 4064-06.
(6) 
Bed-and-breakfast establishments subject to the provisions of § 348-9.30.
[Added 12-27-2006 by Ord. No. 4064-06]
(7) 
Home professional offices subject to the provisions of § 348-9.11.
[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.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 50 feet.
(b) 
Corner lot: 75 feet on both streets.
(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.
(6) 
Minimum rear yard setback:
(a) 
Principal and accessory buildings: 20 feet.
(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.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
(4) 
Outdoor cafes, subject to the provisions of § 348-8.41.
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
(1) 
Public utilities (§ 348-9.6).
(2) 
Home professional offices subject to the provisions of § 348-9.11.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 5,000 square feet.
(2) 
Minimum lot width: 50 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 50 feet.
(b) 
Corner lot: 75 feet on both streets.
(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.
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 25 feet.
(b) 
Accessory buildings: 15 feet.
(c) 
Private swimming pools: 10 feet.
(7) 
Minimum side yard setback:
(a) 
Principal building: 15 feet.
(b) 
Accessory building: 10 feet.
(c) 
Private swimming pools: 10 feet.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Off-street loading subject to the provisions of § 348-8.19.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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.
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(1), concerning churches and places of worship as a conditional use, was repealed 8-14-1991 by Ord. No. 2848-91. See now Subsection A(15).
(2) 
Public utilities (§ 348-9.6).
(3) 
Marinas, but not boatyards (§ 348-9.10).
(4) 
Hotels and motels (§ 348-9.15).
(5) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(5), concerning trailers as a conditional use, was repealed 2-8-1989 by Ord. No. 2633-89. For current provisions concerning trailers, see Ch. 308, Fire Prevention and Protection, Art. VIII.
(6) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(6), Community residences for the developmentally disabled, added 12-26-1978 by Ord. No. 1801, was repealed 11-26-2002 by Ord. No. 3748-02.
(7) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(7), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 11-26-2002 by Ord. No. 3748-02.
(8) 
Bed-and-breakfast establishments, subject to the provisions of § 348-9.30.
[Added 12-27-2006 by Ord. No. 4064-06]
(9) 
Home professional offices, subject to the provisions of § 348-9.11.
[Added 12-27-2006 by Ord. No. 4064-06]
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 7,500 square feet.
(2) 
Minimum lot width: 75 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 75 feet.
(b) 
Corner lot: 100 feet on both streets.
(4) 
Minimum lot depth: 100 feet.
(5) 
Minimum front setback: 35 feet.
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 25 feet.
(b) 
Accessory buildings: 15 feet.
(c) 
Private swimming pools: 10 feet.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: 15 feet.
(b) 
Accessory buildings: 10 feet.
(c) 
Private swimming pools: 10 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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Off-street loading subject to the provisions of § 348-8.19.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26.
(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.
(1) 
Public utilities (§ 348-9.6).
(2) 
Hotels and motels (§ 348-9.15).
(3) 
Shopping centers (§ 348-9.16).
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(4), concerning trailers as a conditional use, was repealed 2-8-1989 by Ord. No. 2633-89. For current provisions concerning trailers, see Ch. 308, Fire Prevention and Protection, Art. VIII.
(5) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(5), Community residences for the developmentally disabled, added 12-26-1978 by Ord. No. 1801, was repealed 11-26-2002 by Ord. No. 3748-02.
(6) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(6), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 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.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 75 feet.
(b) 
Corner jot: 100 feet on both streets.
(4) 
Minimum lot depth: 100 feet.
(5) 
Minimum front setback: 35 feet.
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 25 feet.
(b) 
Accessory buildings: 15 feet.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: 15 feet.
(b) 
Accessory buildings: 10 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]
(9) 
Minimum gross habitable floor area:
(a) 
One-bedroom house: 860 square feet.
(b) 
Two-bedroom house: 960 square feet.
(c) 
Three-bedroom house: 1,060 square feet.
(d) 
Four-or-more-bedroom house: 1,160 square feet.
(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:
(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.
(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.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Off-street loading subject to the provisions of § 348-8.19. Loading areas shall be separated and screened from circulation drives and parking areas by landscaped islands, substantial fencing, walls or buffer plantings or shall be enclosed.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
(4) 
Tents subject to the provisions of § 348-8.37.
[Added 4-11-1990 by Ord. No. 2729-90]
(5) 
Heliport facilities in conjunction with nonresidential building(s) having a minimum gross floor area of 10,000 square feet.
[Added 8-12-1997 by Ord. No. 3277-97]
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
(1) 
Public utilities (§ 348-9.6).
(2) 
Planned commercial development.
[Added 12-14-2021 by Ord. No. 4720-21[1]]
[1]
Editor's Note: Former Subsection D(2), concerning hotels and motels as a conditional use, was repealed 8-14-1991 by Ord. No. 2848-91. See now Subsection A(11).
(3) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(3), concerning shopping centers as a conditional use, was repealed 8-14-1991 by Ord. No. 2848-91. See now Subsection A(10).
(4) 
Research laboratories (§ 348-9.22).
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.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: 20 feet with two combined side yards not less than 50 feet.
(b) 
Accessory buildings: 20 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.
(c) 
Such fabricating or processing shall be confined to the first floor and basement of the premises, and no supplies, materials or goods shall be stored out-of-doors, except in conformance with the requirements of §§ 348-5.20 and 348-8.6.
(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.
(11) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(11), which listed single-family, two-family and multifamily dwellings as permitted uses, was repealed 6-10-1985 by Ord. No. 2329-85.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Off-street loading subject to the provisions of § 348-8.19.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26.
(3) 
Bulk storage subject to the provisions of § 348-8.6.
(4) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
(5) 
Outdoor display of goods subject to §§ 348-5.20 and 348-5.37.
[Added 8-14-1991 by Ord. No. 2848-91]
(6) 
Umbrellas subject to the provisions of § 348-8.36.
[Added 3-23-1982 by Ord. No. 2081]
(7) 
Tents subject to the provisions of § 348-8.37.
[Added 4-11-1990 by Ord. No. 2729-90]
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]
(1) 
Public utilities (§ 348-9.6).
(2) 
Boatyards and marinas (§ 348-9.10).
(3) 
Farmers' markets or auction markets (§ 348-9.20).
(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.
(5) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(5), Churches and places of worship, added 8-22-2017 by Ord. No. 4554-17, was repealed 7-13-2021 by Ord. No. 4700-21.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 15,000 square feet.
(2) 
Minimum lot width: 100 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 100 feet.
(b) 
Corner lot: 150 feet on both streets.
(4) 
Minimum lot depth: 150 feet.
(5) 
Minimum front setback:
[Amended 4-26-1983 by Ord. No. 2168-83]
(a) 
Principal and accessory buildings: 60 feet; except that fronting on Fischer Boulevard: 35 feet.
(b) 
Parking areas and vehicular circulation aisles: 35 feet fronting on Fischer Boulevard.
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 30 feet.
(b) 
Accessory buildings: 20 feet.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: 15 feet with two combined side yards not less than 25% of the lot width, except that the combined side yards need not exceed 50 feet.
(b) 
Accessory buildings: 12 feet.
(8) 
Maximum building height:
[Amended 4-25-2001 by Ord. No. 3597-01; 8-14-2018 by Ord. No. 4597-18]
(a) 
Office buildings on properties fronting on Hooper Avenue: seven stories and 98 feet subject to the provisions of § 348-5.12.
(b) 
All other buildings: 45 feet subject to the provisions of § 348-5.12.22.
[Amended 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) 
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.
(c) 
Such fabricating or processing shall be confined to the first floor and basement of the premises, and no supplies, materials or goods shall be stored out-of-doors, except in conformance with the requirements of §§ 348-5.20 and 348-8.6.
(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.
(11) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(11), which listed single-family, two-family and multifamily dwellings as permitted uses, was repealed 6-11-1985 by Ord. No. 2329-85.
(12) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(12), which listed federal, state, county and municipal buildings and grounds, including educational offices and public schools, as permitted uses, as amended, was repealed 6-24-2014 by Ord. No. 4442-14.
(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]
(24) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection A(24), which listed private and parochial schools not operated for profit as permitted uses, added 2-25-1997 by Ord. No. 3230-97, was repealed 6-24-2014 by Ord. No. 4442-14.
(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]
(27) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection A(27), which listed certain multifamily and townhouse dwellings as permitted uses, added 12-27-2006 by Ord. No. 4064-06, as amended, was repealed 8-22-2017 by Ord. No. 4554-17.
(28) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection A(28), which listed certain single-family dwellings as permitted uses, added 9-28-2010 by Ord. No. 4297-10, was repealed 8-22-2017 by Ord. No. 4554-17.
(29) 
Veterinary clinics or hospitals.
[Added 10-14-2014 by Ord. No. 4459-14]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Off-street loading subject to the provisions of § 348-8.19.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26.
(3) 
Bulk storage subject to the provisions of § 348-8.6.
(4) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
(5) 
Tents subject to the provisions of § 348-8.37.
[Added 4-11-1990 by Ord. No. 2729-90]
(6) 
Outdoor display of goods subject to §§ 348-5.20 and 348-5.37.
[Added 8-14-1991 by Ord. No. 2848-91]
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]
(1) 
Public utilities (§ 348-9.6).
(2) 
Boatyards and marinas (§ 348-9.10).
(3) 
Animal care facilities, other than veterinary clinics or hospitals.
[Amended 10-14-2014 by Ord. No. 4459-14]
(4) 
Farmers' markets or auction markets (§ 348-9.20).
(5) 
Billboards (§ 348-9.23) along the frontage of properties on U.S. Route No. 9 only.
(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.
(7) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection D(7), regarding certain churches and places of worship, added 6-24-2014 by Ord. No. 4442-14, was repealed 7-13-2021 by Ord. No. 4700-21.
(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]
(a) 
Block 164, Lot 7 (Site No. 32).
(b) 
Block 172, Lot 11.01 (Site No. 38).
(c) 
Block 145.01, Lot 1.02 (Site No. 45).
(d) 
Block 410.01, Lots 28, 29 and 42 (Site No. 47).
(e) 
Block 364, Lots 24, 26.01 and 65.01 (Site No. 49).
(10) 
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 § 348-9.24.
[Added 8-22-2017 by Ord. No. 4554-17]
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.
[Amended 4-11-1990 by Ord. No. 2729-90]
(a) 
Principal and accessory buildings: 100 feet, except along Route No. 9, 120 feet.
(b) 
Parking areas and vehicular circulation aisles: 35 feet, except along Route No. 9, 50 feet.
(6) 
Minimum rear yard setback for principal and accessory buildings: 30 feet.
(7) 
Minimum side yard setbacks:
(a) 
Principal buildings: 20 feet with two combined side yards not less than 50 feet.
(b) 
Accessory buildings: 20 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.
(b) 
Maximum building height for all other uses: 45 feet, 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.
(c) 
Such fabricating or processing shall be confined to the first floor and basement of the premises, and no supplies, materials or goods shall be stored out-of-doors, except in conformance with the requirements of §§ 348-5.20 and 348-8.6.
(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]
C. 
Required accessory uses:
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Off-street loading subject to the provisions of § 348-8.19.
D. 
Permitted accessory uses:
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26.
(3) 
Bulk storage subject to the provisions of § 348-8.6.
(4) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
(5) 
Tents subject to the provisions of § 348-8.37.
(6) 
Outdoor display of goods subject to §§ 348-5.20 and 348-5.37.
(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:
(1) 
Public utilities (§ 348-9.6).
(2) 
Boatyards and marinas (§ 348-9.10).
(3) 
Animal care facilities, other than veterinary clinics or hospitals.
(4) 
Farmers' markets or auction markets (§ 348-9.20).
(5) 
Billboards (§ 348-9.23) along the frontage of properties on U.S. Route No. 9 only.
(6) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E(6), regarding certain churches and places of worship, was repealed 7-13-2021 by Ord. No. 4700-21.
(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.
(5) 
Minimum front setback.
(a) 
Principal and accessory buildings: 100 feet, except along Route No. 9, 120 feet.
(b) 
Parking areas and vehicular circulation aisles: 35 feet, except along Route No. 9, 50 feet.
(6) 
Minimum rear yard setback for principal and accessory buildings: 30 feet.
(7) 
Minimum side yard setbacks:
(a) 
Principal buildings: 20 feet with two combined side yards not less than 50 feet.
(b) 
Accessory buildings: 20 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.
(c) 
Such fabricating or processing shall be confined to the first floor and basement of the premises, and no supplies, materials or goods shall be stored out-of-doors, except in conformance with the requirements of §§ 348-5.20 and 348-8.6.
(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]
C. 
Required accessory uses:
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Off-street loading subject to the provisions of § 348-8.19.
D. 
Permitted accessory uses:
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26, except as modified herein.
(3) 
Bulk storage subject to the provisions of § 348-8.6, except as modified herein.
(4) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
(5) 
Tents subject to the provisions of § 348-8.37.
(6) 
Outdoor display of goods subject to §§ 348-5.20 and 348-5.37.
(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:
(1) 
Public utilities (§ 348-9.6).
(2) 
Boatyards (§ 348-9.10).
(3) 
Animal care facilities, other than veterinary clinics or hospitals.
(4) 
Farmers; markets or auction markets (§ 348-9.20).
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E(5), regarding certain churches and places of worship, was repealed 7-13-2021 by Ord. No. 4700-21.
(6) 
Private and parochial schools not operated for profit on sites that are a minimum of 10 acres in size and have frontage on Route 37.
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.
(5) 
Minimum front setback.
(a) 
Principal buildings: 100 feet; accessory structures: 65 feet.
(b) 
Parking areas and vehicular circulation aisles: 35 feet.
(6) 
Minimum rear yard setback for principal and accessory buildings: 30 feet.
(7) 
Minimum side yard setbacks:
(a) 
Principal buildings: 20 feet with two combined side yards not less than 50 feet.
(b) 
Accessory buildings: 20 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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Off-street loading subject to the provisions of § 348-8.19.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
(4) 
Tents subject to the provisions of § 348-8.37.
[Added 4-11-1990 by Ord. No. 2729-90]
(5) 
Outdoor display of goods subject to §§ 348-5.20 and 348-5.37.
[Added 8-14-1991 by Ord. No. 2848-91]
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
(1) 
Motor vehicle service stations (§ 348-9.3).
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(2), churches and places of worship, was repealed 8-14-1992 by Ord. No. 2848-91. See now Subsection A(9).
(3) 
Public utilities (§ 348-9.6).
(4) 
Boatyards and marinas (§ 348-9.10).
(5) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(5), drive-in restaurants, was repealed 8-14-1992 by Ord. No. 2848.
(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.
(7) 
Commercial recreation activities (§ 348-9.19).
(8) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(8), concerning trailers as a conditional use, was repealed 2-8-1989 by Ord. No. 2633-89.
(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.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 50 feet.
(b) 
Corner lot: 75 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]
(6) 
Minimum rear yard setback:
(a) 
Principal and accessory buildings: 20 feet.
(7) 
Minimum side yard setback:
(a) 
Principal and accessory buildings: 10 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: 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]
(2) 
Off-loading subject to the provisions of § 348-8.19.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
(4) 
Tents subject to the provisions of § 348-8.37.
(5) 
Outdoor display of goods subject to §§ 348-5.20 and 348-5.37.
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
(1) 
Motor vehicle service stations (§ 348-9.3).
(2) 
Public utilities (§ 348-9.6).
(3) 
Boatyards and marinas (§ 348-9.10).
(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.
(5) 
Commercial recreation activities (§ 348-9.19).
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 5,000 square feet.
(2) 
Minimum lot width: 50 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 50 feet.
(b) 
Corner lot: 75 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.
(6) 
Minimum rear yard setback:
(a) 
Principal and accessory buildings: 20 feet.
(7) 
Minimum side yard setback:
(a) 
Principal and accessory buildings: 10 feet.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Off-street loading subject to the provisions of § 348-8.19.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26.
(3) 
Bulk storage subject to the provisions of § 348-8.6.
(4) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
(5) 
Outdoor display of goods subject to §§ 348-5.20 and 348-5.37.
[Added 8-14-1991 by Ord. No. 2848-91]
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(1), motor vehicle repair garages, was repealed 8-14-1991 by Ord. No. 2848-91. See now Subsection A(8).
(2) 
Public utilities (§ 348-9.6).
(3) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(3), concerning hotels and motels, was repealed 8-14-1991 by Ord. No. 2848-91. See now Subsection A(10).
(4) 
Veterinary clinics or hospitals or animal care facilities (§ 348-9.17).
(5) 
Farmers' markets or auction markets (§ 348-9.20).
(6) 
Retail and office uses (§ 348-9.21).
(7) 
Billboards (§ 348-9.23) along the frontage of properties on U.S. Route No. 9 only.
(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.
(5) 
Minimum front setback:
(a) 
Principal and accessory buildings: 100 feet.
(b) 
Parking areas and vehicular circulation aisles: 35 feet.
(6) 
Minimum rear yard setback for principal and accessory buildings: 50 feet.
(7) 
Minimum side yard setbacks:
(a) 
Principal buildings: 25 feet.
(b) 
Accessory buildings: 25 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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Off-street loading subject to the provisions of § 348-8.19.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26.
(3) 
Bulk storage subject to the provisions of § 348-8.6.
(4) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
(5) 
Outdoor display of goods subject to §§ 348-5.20 and 348-5.37.
[Added 8-14-1991 by Ord. No. 2848-91]
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
(1) 
Planned industrial development.
[Added 12-14-2021 by Ord. No. 4720-21[1]]
[1]
Editor's Note: Former Subsection D(1), concerning motor vehicle repair garages, was repealed 11-24-1998 by Ord. No. 3387-98. See Subsection A(16).
(2) 
Boatyards (§ 348-9.10).
(3) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(3), concerning hotels and motels, was repealed 8-14-1991 by Ord. No. 2848-91. See now Subsection A(18).
(4) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(4), concerning shopping centers on the south side of NJ Route 37 West, as amended, was repealed 12-27-2006 by Ord. No. 4064-06.
(5) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(5), quasi-public and private club recreation areas, was repealed 8-14-1991 by Ord. No. 2848-91. See now Subsection A(19).
(6) 
Farmers' markets or auction markets (§ 348-9.20).
(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]
(8) 
Billboards (§ 348-9.23) along the frontage of properties on NJ Route No. 37 only.
(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.
(5) 
Minimum front setback:
(a) 
Principal and accessory buildings: 60 feet on local, local collector, minor collector and major collector streets and 100 feet on minor arterial and principal arterial highways.
(b) 
Parking areas and vehicular circulation aisles: 35 feet.
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 50 feet.
(b) 
Accessory buildings: 50 feet.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: 35 feet.
(b) 
Accessory buildings: 35 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%.
F. 
Prohibited uses.
[Added 3-7-2023 by Ord. No. 4771-23]
(1) 
Conservation and/or environmental uses or restrictions.
A. 
Permitted uses.
(1) 
Hospitals.
[Amended 12-14-2021 by Ord. No. 4720-21]
(2) 
Office buildings for medical or dental clinics.
(3) 
The following uses, if a part of or contained in a medical or dental arts building complex:
(a) 
Apothecary-pharmacy.
(b) 
The sale of surgical and hospital supplies; orthopedic braces, appliances and shoes; guild optician.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Off-street loading subject to the provisions of § 348-8.19.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
(4) 
Tents subject to the provisions of § 348-8.37.
[Added 4-11-1990 by Ord. No. 2729-90]
(5) 
Parking structure/garage for hospital or health care facility.
[Added 12-14-2021 by Ord. No. 4720-21]
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
(1) 
Public utilities (§ 348-9.6).
(2) 
Planned commercial development.
[Amended 12-26-1978 by Ord. No. 1801; 12-14-2021 by Ord. No. 4720-21]
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(3), Privately owned hospitals if licensed by the State of New Jersey, was repealed 12-14-2021 by Ord. No. 4720-21.
(4) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(4), concerning trailers as a conditional use, was repealed 2-8-1989 by Ord. No. 2633-89. For current provisions concerning trailers, see Ch. 308, Fire Prevention and Protection, Art VIII.
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 15,000 square feet.
(2) 
Minimum lot width: 100 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 100 feet.
(b) 
Corner lot: 150 feet on both streets.
(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.
(6) 
Minimum rear yard setback:
(a) 
Principal buildings: 30 feet.
(b) 
Accessory buildings: 30 feet.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: 15 feet.
(b) 
Accessory buildings: 15 feet.
(8) 
Maximum building height.
[Amended 9-14-1982 by Ord. No. 2116]
(a) 
Hospital buildings: 100 feet, subject to the provisions of § 348-5.12.
(b) 
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) 
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.
(1) 
Single-family dwellings, attached or detached, subject to the provisions of Subsection E.
(2) 
Recreation, cultural and medical facilities for the sole use of residents of the community and their guests, including the following:
(a) 
Lake.
(b) 
Clubhouse.
(c) 
Picnic grounds.
(d) 
Shuffleboard court.
(e) 
Horseshoe court.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
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]
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
(1) 
Public utilities (§ 348-9.6).
(2) 
Motels for use predominantly by guests of permanent residents (§ 348-9.15).
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(3), Community residences for the developmentally disabled, added 12-26-1978 by Ord. No. 1801, was repealed 11-26-2002 by Ord. No. 3748-02.
(4) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(4), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 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 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.
(5) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(5), setbacks from tract boundary, was repealed 10-14-2014 by Ord. No. 4459-14.
(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]
(7) 
Minimum floor space per unit.
(a) 
Efficiency unit: 700 square feet.
(b) 
One-bedroom unit: 800 square feet.
(c) 
Two-bedroom unit: 900 square feet.
(d) 
Three-bedroom unit: 900 square feet.
(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.
(1) 
Single-family dwellings, attached or detached, subject to the provisions of Subsection E.
(2) 
Recreation, cultural and medical facilities for the sole use of residents of the community and their guests, including but not limited to the following:
(a) 
Lake.
(b) 
Clubhouse.
(c) 
Picnic grounds.
(d) 
Shuffleboard court.
(e) 
Horseshoe court.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Necessary accessory buildings and uses, including facilities for maintenance, administration, streets and off-street parking facilities.
(2) 
Tents subject to the provisions of § 348-8.37.
[Added 4-11-1990 by Ord. No. 2729-90]
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
(1) 
Public utilities (see § 348-9.6).
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(2), dealing with motels, was repealed 2-22-1995 by Ord. No. 3084-95.
(3) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(3), Community residences for the developmentally disabled, was repealed 11-26-2002 by Ord. No. 3748-02.
(4) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(4), dealing with shopping centers, was repealed 2-22-1995 by Ord. No. 3084-95.
(5) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection D(5), Community shelters for victims of domestic violence, added 4-11-1990 by Ord. No. 2729-90, was repealed 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.
(5) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection E(5), setbacks from tract boundary, was repealed 10-14-2014 by Ord. No. 4459-14.
(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]
(7) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection E(7), regarding maximum floor space per unit, was repealed 12-23-2019 by Ord. No. 4652-19.
(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.
(13) 
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 requirement of § 348-5.4A shall not be applicable within this zone.
[Added 2-22-1995 by Ord. No. 3084-95]
A. 
Permitted uses.
(1) 
Single-family dwellings, attached or detached, subject to provisions of Subsection E.
(2) 
Recreation, cultural and medical facilities for the sole use of residents of the community and their guests, including but not limited to the following:
(a) 
Lake.
(b) 
Clubhouse.
(c) 
Picnic grounds.
(d) 
Shuffleboard court.
(e) 
Horseshoe court.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Tents subject to the provisions of § 348-8.37.
(2) 
Necessary accessory buildings and uses, including facilities for maintenance, administration, streets and off-street parking facilities.
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
(1) 
Public utilities (see § 348-9.6).
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(2), Community residences for the developmentally disabled, was repealed 11-26-2002 by Ord. No. 3748-02.
(3) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(3), Community shelters for victims of domestic violence, was repealed 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.
(5) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(5), setbacks from tract boundary, was repealed 10-14-2014 by Ord. No. 4459-14.
(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]
(8) 
Minimum floor space per unit.
(a) 
One-bedroom unit: 800 square feet.
(b) 
Two-or-more-bedroom unit: 900 square feet.
(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. 
Services.
(1) 
The developer shall provide for recreational and cultural services for the sole use of the residents of the development and their guests, including but not limited to the following:
(a) 
Clubhouse.
(b) 
Picnic grounds.
(c) 
Shuffleboard court.
(d) 
Horseshoe court.
(2) 
The development shall provide for facilities for maintenance and administration of the development.
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]
(2) 
Recreation, cultural and medical facilities for the sole use of residents of the community and their guests, including but not limited to the following:
(a) 
Lake.
(b) 
Clubhouse.
(c) 
Picnic grounds.
(d) 
Shuffleboard court.
(e) 
Horseshoe court.
(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]
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Necessary accessory buildings and uses, including facilities for maintenance and administration, streets and off-street parking facilities.
D. 
Conditional uses subject to the provision of Article IX of this chapter.
(1) 
Public utilities (See § 348-9.6).
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(2), Community residences for the developmentally disabled, was repealed 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 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.
(9) 
Off-street parking.
(a) 
At least the following number of off-street parking spaces shall be provided: two spaces for each mobile home space.
(b) 
Off-street parking for any other purposes shall be in accordance with § 348-8.20.
(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.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26.
(3) 
Necessary accessory buildings and uses, including facilities for maintenance, administration and streets.
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
(1) 
(Reserved)
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.
(5) 
Minimum front yard setback:
(a) 
Two-story buildings: 100 feet.
(b) 
Three-story buildings: 150 feet.
(c) 
Parking area: 25 feet.
(6) 
Minimum rear yard setback:
(a) 
Principal structures: 50 feet.
(b) 
Accessory buildings: 50 feet.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: 50 feet.
(b) 
Accessory buildings: 50 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.
(11) 
Minimum distance between principal buildings:
(a) 
Twenty-five feet where neither of the facing walls has windows.
(b) 
Forty feet where one or both of the facing walls has windows.
(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.
(14) 
Minimum buffer area: 20 feet subject to screening requirements of § 348-8.4.
(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.
B. 
Required accessory uses.
(1) 
Off-street parking subject to the provisions of § 348-8.20.
(2) 
Recreation subject to the provisions of § 348-8.18L.
C. 
Permitted accessory uses.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Signs subject to the provisions of § 348-8.26.
(3) 
Necessary accessory buildings and uses, including facilities for maintenance, administration and streets.
D. 
Conditional uses subject to the provisions of Article IX of this chapter.
(1) 
(Reserved)
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.
(5) 
Minimum front yard setback:
(a) 
Two-story buildings: 120 feet.
(b) 
Three-story buildings: 150 feet.
(c) 
Parking area: 50 feet.
(6) 
Minimum rear yard setback:
(a) 
Principal structures: 50 feet.
(b) 
Accessory buildings: 50 feet.
(7) 
Minimum side yard setback:
(a) 
Principal buildings: 50 feet.
(b) 
Accessory buildings: 50 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.
(11) 
Minimum distance between principal buildings:
(a) 
Twenty-five feet where neither of the facing walls has windows.
(b) 
Forty feet where one or both of the facing walls has windows.
(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.
(14) 
Minimum buffer area: 20 feet subject to screening requirements of § 348-8.4.
(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.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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 or as otherwise specified herein:
(1) 
Two-family dwellings, subject to the following conditions:
(a) 
Minimum lot area: 6,000 square feet.
(b) 
Minimum lot width: 60 feet.
(c) 
Minimum lot frontage: 60 feet.
(d) 
Minimum side yard setback: six feet with two combined side yards of 18 feet.
(e) 
On-site parking in accordance with § 348-8.20.
(2) 
Churches and places of worship (§ 348-9.5).
(3) 
Public utilities (§ 348-9.6).
(4) 
Home professional offices (§ 348-9.11).
(5) 
Boardinghouses and rooming houses (§ 348-9.13).
(6) 
Quasi-public and private club recreation areas (§ 348-9.18).
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 4,000 square feet.
(2) 
Minimum lot width: 40 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 40 feet.
(b) 
Corner lot: 90 feet on both streets.
(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.
(d) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[1] 
May extend into the rear yard area no more than 10 feet or 10% of lot depth, whichever is less; and
[2] 
May not be located less than three feet from the rear lot line.
(6) 
Minimum side yard setback:
(a) 
Principal buildings: four feet with two combined 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.
(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.
(1) 
Fences subject to the provisions of § 348-8.13.
(2) 
Private swimming pools subject to the provisions of § 348-8.21.
(3) 
Signs subject to the provisions of § 348-8.26.
(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 or as otherwise specified herein:
(1) 
Churches and places of worship (§ 348-9.5).
(2) 
Public utilities (§ 348-9.6).
(3) 
Home professional offices (§ 348-9.11).
(4) 
Boardinghouses and rooming houses (§ 348-9.13).
(5) 
Quasi-public and private club recreation areas (§ 348-9.18).
E. 
Area, yard and building requirements.
(1) 
Minimum lot area: 4,000 square feet.
(2) 
Minimum lot width: 40 feet.
(3) 
Minimum lot frontage:
(a) 
Interior lot: 40 feet.
(b) 
Corner lot: 90 feet on both streets.
(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.
(d) 
Decks: Decks greater than 36 inches in height are subject to the following requirements:
[1] 
May extend into the rear yard area no more than 10 feet or 10% of lot depth, whichever is less; and
[2] 
May not be located less than three feet from the rear lot line.
(6) 
Minimum side yard setback:
(a) 
Principal buildings: four feet with two combined 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.
(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. 
Terms defined. The following terms are defined in accordance with Council on Affordable Housing (COAH) rules and the Uniform Housing Affordability Controls:
AFFORDABLE HOUSING ADMINISTRATOR (AH ADMINISTRATOR)
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.
DEVELOPER'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.
EXEMPT SALES
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.
FAIR MARKET VALUE
The unrestricted price of a low- or moderate-income housing unit if sold at a current real estate market rate.
INCLUSIONARY DEVELOPMENT
A residential housing development in which a percentage of the housing units are reserved for low- and moderate-income households.
LOW-INCOME HOUSING
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.
MODERATE-INCOME HOUSING
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.
PRICE DIFFERENTIAL
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.
REPAYMENT CLAUSE
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.
REPAYMENT OPTION
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.
SET ASIDE
The percentage of housing units devoted to low- and moderate-income households within an inclusionary development.
UNIT COMPLETION
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.
(a) 
Phasing and location of the low- and moderate-income units.
(b) 
The bedroom mix, proposed unit pricing and specific affirmative marketing plans.
(c) 
The restrictive covenant and mortgage lien to be used to insure affordability.
(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:
(a) 
Provide an occupant for each bedroom;
(b) 
Provide children of different sex with separate bedrooms; and
(c) 
Prevent more than two persons from occupying a single bedroom.
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.
(9) 
The applicant shall file documentation sufficient to establish the existence of the circumstances in Subsection I(8)(a) through (e) above with the AH administrator, who shall counsel the household on budgeting.
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:
(a) 
Sublease or assignment of the lease of the unit;
(b) 
Sale or other voluntary transfer of the ownership of the unit; or
(c) 
The entry and enforcement of any judgment of foreclosure.
(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.
(6) 
There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the affordable accessory apartment is located running with the land and limiting its subsequent rental or sale within the requirements of Subsections C and D.
(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:
(a) 
Municipal building.
(b) 
Municipal library.
(c) 
Developer's sales/rental office on site.
(d) 
Senior center.
(e) 
Ocean, Monmouth and Mercer County government complexes.
(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:
(a) 
Ocean County Community Development.
(b) 
Monmouth County Community Development.
(c) 
Mercer County Community Development.
(8) 
Affordable housing applications, brochures, announcements and/or posters will be forwarded to and posted at the following locations:
(a) 
Developer's sales office.
(b) 
Municipal building and library.
(c) 
Monmouth County Library.
(d) 
Mercer County Library.
(e) 
Ocean County Library.
(9) 
Quarterly informational circulars and applications shall be sent to each of the following agencies for publication in their journals and for circulating among their members:
(a) 
Board of Realtors in Monmouth County.
(b) 
Board of Realtors in Mercer County.
(c) 
Board of Realtors in Ocean County.
(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. 
Definitions. The following terms, as used in this section, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
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.
COAH or THE COUNCIL
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.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property as permitted in N.J.A.C. 5:93-8.
EQUALIZED ASSESSED VALUE
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).
GREEN BUILDING STRATEGIES
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:
APPROVING BOARD/LAND USE BOARD/BOARD
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.
AVERAGE WOODED ACRE
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.
BASAL AREA
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.
CALIPER
The diameter measurement of a tree measured at 12 inches above ground level.
CERTIFIED TREE EXPERT and CTE
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.
CLEAR CUTTING
The removal of all or substantially all standing trees on a lot or portion of a lot.
CROWN
All of the living branches, twigs and foliage of a tree after the first bifurcation from the main trunk or trunks.
DIAMETER BREAST HEIGHT
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."
ENGINEER
The Township Engineer and/or Planning, Zoning or other presiding board engineers.
EXEMPTION
Permission to depart from the requirements of this article.
FOREST STEWARDSHIP PLAN
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.
HOMESTEAD LOT
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.
LANDMARK TREE
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.
LANDMARK TREE COMMITTEE
A committee formed by and part of the Township of Toms River Environmental Commission.
LANDSCAPE ARCHITECT
A person certified by the State of New Jersey in the field of landscape architecture.
PERSON
Any individual, firm, company, copartnership, association, corporation or developer other than the Township, the County of Ocean and the State of New Jersey.
REPLACEMENT TREE
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.
SELECTIVE CUTTING
The removal of certain, often larger, trees on an individual basis while leaving other trees, possibly of lesser size, for future silvicultural harvest.
SILVICULTURE
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.
SLASH
The debris, derived from the aboveground portions of trees, that remains on site after a tree or timber removal operation.
TOWNSHIP ENGINEER
The duly appointed Township Engineer for the Township of Toms River or his designee.
TOWNSHIP FORESTER
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.
TREE
Any woody species which reaches a typical mature height of 25 feet and a typical mature DBH of four inches or greater.
TREE MANAGEMENT PLAN
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.
TREE PROTECTION FENCE
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.
TREE PROTECTION ZONE
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.
TREE REMOVAL PERMIT
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.
VEGETATIVE GROUP
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.
E. 
Destruction of trees. Unless exempted by the provisions of this article, no person shall cut, remove or destroy, or cause to destroy, any tree growing in the Township without having first obtained a permit as provided in § 348-12.8, or be subject to penalties as provided in § 348-12.16.
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;
(6) 
The location of each 0.1 acre plot used to determine the average wooded acre as described in §§ 348-12.3 and 348-12.8D of this article;
(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.
C. 
All portions of a lot that have been clear cut where the land cleared has not been placed into long-term agricultural or horticultural use within six months shall be replanted in accordance with § 348-12.9 of this article.
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]
A. 
For each tree removal permit, there shall be a fee of $75 for applications under § 348-12.5.
B. 
Where the applicant is seeking a tree removal permit and tree management plan approval under § 348-12.7A, the application fee shall be $100 for both, which shall be paid at the time of submission of an application for development to the Township Land use Boards.
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.