[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land use and development regulations — See Ch. 348.
Street acceptance procedure — See Ch. 447.
Streets and sidewalks — See Ch. 450.
[1]
Editor's Note: This ordinance repealed former Ch. 264, Driveway Accesses and Curbs for Commercial Properties, adopted 11-27-1973 by Ord. No. 1378 as Ch. 76 of the 1973 Code.
After the effective date of this chapter, all owners of commercial property on Township, county and state roads shall, prior to commencing new construction on their respective properties, construct concrete curbs along the entire road frontage of the property. Each such owner shall obtain permission for access opening or openings to any public street from the municipality. All applications for such access opening or openings shall be made to the Township Engineer of this municipality.
Where applicable, written permission for access opening or openings and construction of curbing or other items must be obtained from the State of New Jersey or the County of Ocean, such permission or permissions to be acquired by the property owner in writing from the State of New Jersey or the County of Ocean, as the case may be, and submitted to the Toms River Township Construction Official for permit for building or buildings upon the said respective properties.
The construction of all concrete curbing and opening or openings must comply with Toms River Township specifications and regulations of the state and county, where applicable.
In all cases where the curb or other item or items to be constructed fronts on an existing Township street, the owner must comply with the following design standards:
A. 
Driveway widths shall be a maximum of 36 feet at the curb.
B. 
The maximum width for one-way driveway openings, 16 feet; minimum two-way driveway opening, 24 feet.
C. 
Minimum distance between driveways for one parcel shall be 30 feet.
D. 
At a street intersection, no driveway shall be constructed less than 30 feet from the existing or established curbline on the adjoining side street, or constructed on said side street within the same distance from the curbline of the principal street or highway. For service stations, this requirement may be reduced to a minimum of 24 feet.
E. 
Where sidewalks do not exist, drives must be separated by a safety zone, said zone to extend from the curb or shoulder line to the right-of-way or property line. This safety zone is to be clearly defined by a strip the full width of the zone. Type of construction shall be of concrete, bituminous concrete, gravel surface or lawn area, to be enclosed by precast concrete curb or cast-in-place curbing. No part of a public right-of-way shall be used for private, business or commercial purposes.
Each of said items of construction shall be made according to grade or grades established and determined by the Township Engineer of this municipality.
In any instance where the shoulders of the road are improved prior to the proposed construction, the property owner shall replace said improved shoulders in kind.
No certificate of occupancy shall be issued by the Construction Official or any other officer of this municipality until all work is completed and approved by the Township Engineer.
In the event of any unusual circumstances, topography or conditions relating to any particular property, the Township hereby reserves the right to impose special conditions applicable thereto.
Any person, firm or corporation convicted of a violation of any of the provisions of this chapter shall be subjected to the penalty of a fine of not exceeding $200.
Township Clerk shall send a certified copy of this chapter, after it has been finally adopted, to each of the following:
A. 
Township Engineer.
B. 
Construction Official.