Township of Toms River, NJ Chapter 348 Land Use and Development Regulations

[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.]

GENERAL REFERENCES

Historic Preservation Commission — See Ch. 71, § 71-1C.

Official Map — See Ch. 129.

Animals and animal establishments — See Ch. 165.

Location of secondhand building material, lumber and plumbing supply yards — See Ch. 213.

Temporary buildings for public assemblages — See Ch. 217.

Uniform construction codes — See Ch. 252.

Driveway access and curbs for commercial properties — See Ch. 264.

Drug-free zones — See Ch. 269.

Design and appearance of dwellings — See Ch. 273.

Fences, plantings and walls — See Ch. 291.

Fire prevention and protection — See Ch. 308.

Outdoor food stands and restaurants — See Ch. 316.

Junkyards and salvage yards — See Ch. 344.

Massage parlors — See Ch. 357.

Mobile home parks — See Ch. 363.

Sewers — See Ch. 421.

Signs — See Ch. 427.

Trees — See Ch. 471.

Waterway control — See Ch. 501.

Retail food-handling establishments — See Ch. 534.

Sewerage connections — See Ch. 572.

Water supplies — See Ch. 589.

[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 No. 4168-08, adopted 12-9-2008, repealed Part II of the Code of the Township of Toms River, with the exception of this Chapter 348, which was readopted in its entirety.

§ 348-1 ARTICLE I: Title and Purpose.

§ 348-1.1 Title.

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."

§ 348-1.2 Short title.

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."

§ 348-1.3 Purpose.

[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.).

§ 348-2 ARTICLE II: Definitions.

[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]

§ 348-2.1 Statutory definitions.

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.

§ 348-2.2 Word usage.

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.

§ 348-2.3 Terms defined.

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 occupying not more than 5,000 square feet of floor area that produces small quantities of beverage-grade spirit alcohol in single batches.

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.

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 UNIT

A 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-FAMILY

A building designed for or containing one dwelling unit.

C.

DWELLING, TWO-FAMILY

A building designed for or containing two dwelling units.

D.

DWELLING, MULTIPLE

A building designed for or containing three or more dwelling units.

E.

DWELLING, EFFICIENCY APARTMENT

An 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 APARTMENT

An 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 APARTMENT

An 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 APARTMENT

An 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, TOWNHOUSE

A 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 LINE

A lot line which is coexistent with a street line and along which the lot frontage is calculated.

B.

REAR LOT LINE

The lot line most distant and generally opposite and parallel to the front lot line.

C.

SIDE LOT LINE

Any 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 microbrewery that is restricted to a space not to exceed 5,000 square feet in floor area.

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 SIGN

A 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.

BANNER

A sign having characters, letters or illustrations applied to cloth, paper or fabric of any kind, with only such material for backdrop.

C.

BILLBOARD

A 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 SIGN

A sign, the face of which is enclosed with a box-like structure.

E.

DIRECTIONAL SIGN

A 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 SIGN

A self-supporting sign connected to the ground and independent of any other structure.

G.

ITEM OF INFORMATION

(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 SIGN

A 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 SIGN

A 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 SIGN

A 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 SIGN

A 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 SIGN

A sign erected or constructed above the eaves, roofline or parapet line of any building.

M.

SHINGLE

A small sign identifying a professional use.

N.

SIDEWALK OR SANDWICH SIGN

A movable sign not secured or attached to the ground.

O.

SIGNABLE AREA

The 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 AREA

For 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 SIGN

A 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 SIGN

A sign designating and identifying a subdivision or housing development.

S.

SUPER GRAPHIC

The application of paint, acrylic or other material directly onto a permanent wall in such a manner as to create an aesthetic design.

T.

TEMPORARY SIGN

One 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 SIGN

A sign which indicates actual time and/or current temperature.

V.

WALL SIGN

A 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 SIGN

A 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 STREET

A 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 ROAD

A 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.

ANTENNA

A system of electrical conductors that transmit or receive radio frequency signals for wireless communications.

B.

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.

C.

COLLOCATION

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.

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 COMMUNITY

The Township of Toms River, in the County of Ocean, and State of New Jersey.

G.

TELECOMMUNICATIONS TOWER

A freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.

H.

WIRELESS COMMUNICATIONS

Any 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.

§ 348-3 ARTICLE III: Administrative Procedures.

§ 348-3.1 Planning Board.

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]

§ 348-3.2 Zoning Board of Adjustment.

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.

§ 348-3.3 Provisions applicable to both Planning Board and Zoning Board of Adjustment.

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]

(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.

§ 348-3.4 Fees.

[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]

(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.

(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		$50	0
		New single-family residential dwellings and additions exceeding 150 square feet		$100	0
		All other categories		$100	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

(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.

§ 348-3.5 Site Plan Review Advisory Board.

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.

§ 348-3.6 Enforcement.

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.

§ 348-3.7 Certificates and permits.

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.

(k) Fee. All plot plans shall be accompanied by a fee of $125.

[Amended 2-21-2017 by Ord. No. 4534-17]

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.

§ 348-3.8 Records.

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.

§ 348-3.9 Interpretation.

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.

§ 348-3.10 Conflict with other laws; repealer.

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.

§ 348-3.11 Violations and penalties.

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]

§ 348-3.12 Amendments.

[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.

§ 348-3.13 Severability.

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.

§ 348-3.14 Effect on pending and new applications.

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.

§ 348-3.15 Copy to be filed with County Planning Board.

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.

§ 348-3.16 Pinelands Area development procedures.

[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.

§ 348-4 ARTICLE IV: Nonconforming Uses, Lots and Buildings

[Amended 11-10-1980 by Ord. No. 1984; 11-9-2004 by Ord. No. 3918-04]

§ 348-4.1 Continuance of nonconforming uses and structures.

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.

§ 348-4.2 Abandonment.

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.

§ 348-4.3 Certification of nonconforming use or structure.

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.

§ 348-4.4 Restoration and repair.

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.

§ 348-4.5 Nonconforming use; expansion.

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).

§ 348-4.6 Nonconforming structures; expansion.

[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]

§ 348-4.7 Nonconforming lots.

[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]

§ 348-4.8 Reversion of nonconforming use.

No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.

§ 348-4.9 Prior approved construction.

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.

§ 348-4.10 District boundary changes.

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.

§ 348-5 ARTICLE V: General Provisions.

§ 348-5.1 Provisions of other ordinances.

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.

§ 348-5.2 Application of regulations.

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.

§ 348-5.3 Lot depth.

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.

§ 348-5.4 Frontage on improved street.

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]

§ 348-5.5 Yard areas.

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]

§ 348-5.5.1 *Decks. [1]

[Added 5-28-2013 by Ord. No. 4403-13]

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.

[Added 11-12-2013 by Ord. No. 4414-13; amended 12-26-2017 by Ord. No. 4569-17]

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.

[Added 11-25-2014 by Ord. No. 4467-14]

[1] Editor's Note: For an explanation of the asterisk (*), see the definition of "variance" in § 348-2.3.

§ 348-5.6 Corner lots.

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]

§ 348-5.7 *Sight triangles at intersections. [1]

[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.

§ 348-5.8 *Location of accessory buildings. [1]

[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.

§ 348-5.9 *Number of principal buildings. [1]

[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.

§ 348-5.10 Nonapplicability to underground services.

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.

§ 348-5.11 Contiguous lot ownership.

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.

§ 348-5.12 *Height limitations. [1]

[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.

§ 348-5.13 Preservation of natural features.

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]

§ 348-5.14 Riparian grants.

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.

§ 348-5.15 Easements.

[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.

§ 348-5.16 Solid waste storage for single- and two-family homes.

[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.

§ 348-5.17 Solid waste disposal.

The dumping of refuse, waste material or other substances is prohibited in all districts within the Township, with the exception of designated landfill sites.

§ 348-5.18 Outdoor storage of materials.

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.

§ 348-5.19 *Minimum lot area for water and sewer requirements. [1]

[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.

§ 348-5.20 Outdoor display of goods.

[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).

§ 348-5.21 Appearance of single- and two-family dwellings.

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.

§ 348-5.22 Appearance of nonresidential buildings.

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.

§ 348-5.23 Storage of boats and trailers.

[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.

§ 348-5.24 Animals.

[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.

§ 348-5.25 Farms; sale of produce; gardens.

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.

§ 348-5.25.1 Right to farm.

[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.

§ 348-5.26 Storage of commercial vehicles.

[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.

§ 348-5.27 Tidal wetlands permit.

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.

§ 348-5.28 *Minimum pervious strip around property perimeter. [1]

[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.

§ 348-5.29 *Noncommercial radio and television antennas. [1]

[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.

§ 348-5.30 Floodplain management. [1]

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.

§ 348-5.31 Performance standards.

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.

§ 348-5.32 Property maintenance. [1]

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.

§ 348-5.33 Shopping cart corrals.

[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.

§ 348-5.34 *Dimensions of residential structures/maximum number of kitchens per dwelling units. [1]

[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.

§ 348-5.35 Appearance of residential structures.

[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.

§ 348-5.36 Child-care centers.

[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.

§ 348-5.37 Automotive facilities.

[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]

§ 348-5.38 Hotels and motels.

[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.

§ 348-5.39 Quasi-public, private club and commercial recreation areas.

[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.

§ 348-5.40 Groundwater remedial action activities.

[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.

§ 348-5.41 *Residential construction near power lines.

[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.

§ 348-5.42 Residential development connecting links.

[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.

§ 348-5.43 Development roadways, driveways and other forms of ingress and egress.

[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.

§ 348-5.44 Ingress/egress from multifamily housing projects.

[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.

§ 348-5.45 Outdoor seating.

[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.

§ 348-5.46 Location of trailers restricted.

[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.

§ 348-6 ARTICLE VI: Development Applications; Procedures and Plat Details.

§ 348-6.1 Approval required.

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.