[1]
Editor's Note: The Borough shall conform to the standards
established in the "Residential Site Improvement Standards."
[Ord. No. 139 § A7; Ord. No. 13-84 § A4]
Prior to the granting of final approval, the subdivider shall
have installed or shall have furnished performance guarantees or cash
escrow in the amount equal to the Borough Engineer's estimated cost
of improvements not yet completed.
[1975 Code § 13-4.1]
Pavement with modified bituminous penetration macadam consisting
of a macadam base course 3 1/2 inches in thickness, a bituminous
penetration macadam intermediate course three inches in thickness,
and a bituminous concrete surface course 1 1/2 inches thickness;
total thickness of pavement, eight inches. Pavement to conform to
requirements of New Jersey State Highway Department. Standard Specifications
1941, as revised or amended.
[1975 Code § 13-4.2]
To conform to existing Borough street signs.
[1975 Code § 13-4.3]
As per specifications of Borough Engineer.
[1975 Code § 13-4.4]
As per specifications of Borough Engineer.
[1975 Code § 13-4.5]
To be required along all proposed streets at twenty-five-foot
intervals, between sidewalk and curbline. Trees shall be nursery grown
stock not less than 3 1/2 inches in circumference, planted with
support to three stakes by rubber covered wires and shall be a type
approved by the Land Use Board. All trees not surviving shall be replaced
by the developer within three years of acceptance. The Board may require
the developer, at his sole expense, to retain a qualified forester
to report to the Board as to what can be done to save existing trees,
prior to preliminary approval.
[1975 Code § 13-4.6]
No topsoil shall be removed from the site or used as spoil.
Topsoil moved during the course of construction shall be redistributed
so as to provide at least six inches of cover to all areas of the
subdivisions and shall be stabilized by seeding or planting. These
provisions shall also apply to any slopes or grades created by the
subdivider.
[1975 Code § 13-4.7]
To be the size and shape required by N.J.S.A. 46:23-9.11(g),
and shall be placed in accordance with statute.
[1975 Code § 13-4.8]
All such installations shall be properly connected with an existing
system and shall be adequate to handle all present and probably future
development, to the satisfaction of the Borough Engineer.
[1975 Code § 13-4.9]
All stumps, litter, rubbish, brush, weeds, dead or dying trees,
roots and debris shall be removed to the satisfaction of the Construction
Official and in full compliance with the Borough ordinance regulating
the removal of same.
[1975 Code § 13-4.10]
Plans for and the installation of all of the above listed improvements
shall be subject to inspection and approval of the Borough Engineer
who shall be notified by the developer at least 48 hours prior to
the start of construction. No underground installations shall be covered
until inspected and approved.
[1975 Code § 13-4.11]
The subdivider shall observe the following requirements and
principles of land subdivision in the design of each subdivision or
portion thereof.
[1975 Code § 13-4.12]
The subdivision plat shall conform to design standards that
will encourage good development patterns within the Borough. After
a master plan is adopted, all subdivisions shall conform to the proposals
and conditions shown thereon. The streets, drainage rights-of-way,
school sites, public parks and playgrounds shown on the officially
adopted master plan or Official Map shall be considered in approval
of subdivision plats. Where not shown on the master plan or Official
Map, streets and drainage rights-of-way shall be shown on the final
plat in accordance with N.J.S.A. 40:55D-1 et seq. and amendments and
supplements thereto, and shall be such as to lend themselves to the
harmonious development of the Borough and enhance the public welfare
in accordance with the following design standards.
[1975 Code § 13-4.13]
a.
The arrangement of streets not shown on the master plan or Official
Map shall be such as to provide for the appropriate extension of existing
streets.
b.
Any subdivision abutting arterial streets may be required to provide
a marginal service road or reverse frontage with a buffer strip for
planting, or some other means of separation of through and local traffic
as the Land Use Board may determine appropriate.
c.
The right-of-way width shall be measured from lot line to lot line
and shall not be less than 50 feet for any street, except that the
right-of-way width for internal roads and alleys in multifamily, commercial
and industrial development shall be determined on an individual basis,
and shall in all cases be of sufficient width and design to safely
accommodate the maximum traffic, parking and loading needs, and maximum
access for fire fighting equipment.
d.
No subdivision showing reserve strips controlling access to street
shall be approved.
e.
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the master plan or Official Map or the
street width requirements of this chapter shall dedicate additional
width along either one or both sides of the road.
f.
Grades of arterial and collector streets shall not exceed 4%. Grades
on other streets shall in general not exceed 10%. No street shall
have a minimum grade of less than 0.5%.
g.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 75°. The block corners at intersections
shall be rounded at radius of not less than 20 feet.
h.
Street jogs with center line offsets of less than 125 feet shall
be prohibited.
i.
All changes in grade shall be connected by vertical curves of sufficient
radius to provide a smooth transition and proper sight distance.
j.
Culs-de-sac or dead end streets are generally deemed undesirable
and should be avoided. If, however, the Land Use Board determines
that a cul-de-sac is necessary, then and in that event it shall not
be longer than 300 feet and shall provide a turn around at the end
with a radius of not less than 50 feet and tangent to the right side
of the street. If a dead end street is of a temporary nature, a similar
turn around shall be provided and provisions made for future extension
of the street and reversion of the excess right-of-way to the adjoining
properties.
k.
No street shall have a name which will duplicate or so nearly duplicate
as to be confused with the names of existing streets. The continuation
of an existing street shall have the same name. All proposed street
names shall be submitted to the Land Use Board for approval.
l.
A tangent at least 100 feet shall be introduced between reversed
curves on arterial and collector streets, where the center line is
less than a 500-foot radius.
[1975 Code § 13-4.14]
a.
Block length and width or acreage within bounding roads shall be
such as to accommodate the size of lot required in the area by the
zoning chapter and to provide for convenient access, circulation control
and safety of street traffic.
b.
For commercial, group housing or industrial use, block size shall
be sufficient to meet all area and yard requirements for such use.
[1975 Code § 13-4.15]
b.
Insofar as is practical, side lot lines shall be at right angles
to straight streets, and radial to curved streets.
c.
Each lot must front upon an approved street at least 50 feet in width.
d.
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such extra width line, and all setbacks shall
be measured from such line.
e.
Where there is a question as to the suitability of a lot or lots
for their intended uses due to factors such as topographical irregularities,
erosion conditions, flood conditions or similar circumstances, the
Board may after adequate investigation, withhold approval of the said
subdivision.
[1975 Code § 13-4.16]
a.
Easements along rear property lines or elsewhere for utility installation
may be required. Such easements shall be at least 15 feet wide and
located in consultation with the companies or Borough Departments
concerned.
b.
Where a subdivision is traversed by a watercourse, drainage way,
channel or street, there shall be provided a drainage right-of-way
conforming substantially with the lines of such watercourse, and such
further width or construction, or both as will be adequate for the
purpose. All easements or drainage rights-of-way shall be formally
deeded to the Borough of South Toms River.
c.
Natural features such as streets, brooks, hilltops and views shall
be preserved whenever possible in designing any subdivision containing
such features.
[1975 Code § 13-4.17]
Prior to the issuance of a certificate of occupancy, all improvements as shown on the approved site plan shall have been completed. When by reason of adverse weather conditions completion of certain improvements would cause an undue delay, the Land Use Board shall require the posting of a performance guarantee sufficient in amount to cover the cost of all such uncompleted improvements as estimated by the Borough Engineer, assuring the installation of such uncompleted improvements within one year of the posting of the performance guarantee. The amount of the performance guarantee shall be fixed by the Land Use Board and shall not be in excess of 120% of the cost of uncompleted improvements as estimated by the Borough Engineer. The performance guarantee shall be in the form of a certified check drawn on a bank which is a member of the Federal Reserve System payable to the Borough of South Toms River or in such form as may be approved by the Borough Attorney as to form and execution. Failure to comply with any of the conditions of the site plan approval subsequent to the receipt of a building permit or certificate of occupancy as the case may be, shall be construed to be a violation of this section and shall be grounds for the revocation of any building permit or certificate of occupancy, as the case may be. If the Construction Official finds that any conditions of site plan approval have not been met, he shall give the applicant 10 days' written notice to comply with the conditions. Failure to comply within this ten-day period shall result in the revocation of the building permit or certificate of occupancy, as the case may be. Such violation may also be prosecuted under Section 26-23.
[Ord. No. 4-07 § 1]
Whenever the Borough is requested to accept dedication of properties
to be maintained for detention or retention basin purposes, which
will result in the Borough having to expend funds in the future for
the maintenance of such properties, the Borough shall, unless otherwise
determined by the Borough Council, require that the property owner
dedicating such property post with the Borough funds that will defray
the estimated costs of maintenance for a ten-year period.
[Ord. No. 3-91 § 1]
a.
No certificate of occupancy for any premise as described herein shall
be issued unless and until final site plan approval has been granted
by the Borough of South Toms River Land Use Board which has the appropriate
jurisdiction to review the same.
b.
Any building within the Borough which is utilized as a restaurant,
tavern, lunchroom, or any eating establishment with seating capacity
of more than 25 people shall be constructed to the following specifications:
1.
Indoor ceiling-mounted sprinkler system with heat sensitive activation;
2.
Emergency exit fire doors;
3.
One fire hydrant located on the lot in question;
4.
Parking areas with two handicapped spaces and handicapped access;
5.
Paved parking surface constructed of six inch gravel base, four inches
of bituminous stabilized base coarse, two inches of FABC-1 surface
coarse;
6.
One parking space (10 feet by 20 feet) for each 1 1/2 seats
located within the restaurant.
7.
All bathrooms to be provided with handicapped facilities;
8.
Four foot concrete sidewalks adjacent to all public streets;
9.
Fifty foot of buffered area from the developed area to the property
line when the property line is adjacent to a residential area or body
of water;
10.
Buffer is to be comprised of a continuous dense planting of White
Pine, Japanese Pine, or American Holly with a double staggered row
12 feet on center, with a minimum tree height of five feet. Additionally
a six-foot high board-on-board fence or chain link fence with privacy
slats is to be placed on the development side of the double tree line.
[Ord. No. 1-91 § 2]
Any property within the Borough of South Toms River which contains
a groundwater detention or retention basin in excess of 500 square
feet shall be surrounded by a six-foot high chain link fence with
privacy slats or other solid fencing of the same height which will
prohibit access to the detention basin. All gates or access ways through
the fence shall be locked.
[Ord. No. 10-93 §§ 1
— 7]
a.
MULTIFAMILY HOUSING DEVELOPMENT
RECYCLING AREA
Definitions. As used in this section:
Shall mean a building containing three or more dwelling units
occupied, or intended to be occupied, by persons living independently
of each other, or a group of such buildings;
Shall mean space allocated for collection and storage of
source-separated recyclable materials.
b.
Recycling Area Required for Multifamily Housing Developments. There
shall be included in any new multifamily housing development that
requires subdivision or site plan approval an indoor or outdoor recycling
area for the collection and storage of residentially-generated recyclable
materials. The dimensions of the recycling areas shall be sufficient
to accommodate recycling bins or containers which are of adequate
size and number and which are consistent with anticipated usage and
with current methods of collection in the area in which the project
is located. The dimensions of the recycling area and the bins or containers
shall be determined in consultation with the Municipal Recycling Coordinator,
and shall be consistent with the District Recycling Plan adopted pursuant
to N.J.S.A. 13:1E-99.13 and any applicable requirements of the Municipal
Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.
c.
Location. The recycling area shall be conveniently located for the
residential disposition of source-separated recyclable materials,
preferably near, but clearly separated from, a refuse dumpster.
d.
Lighting; Accessibility. The recycling area shall be well lit and
shall be safely and easily accessible by recycling personnel and vehicles.
Collection vehicles shall be able to access the recycling area without
interference from parked cars or other obstacles. Reasonable measures
shall be taken to protect the recycling area, and the bins or containers
placed therein, against theft of recyclable materials, bins or containers.
e.
Design of Recycling Bins or Containers. The recycling area or the
bins or containers placed therein shall be designed so as to provide
protection against adverse environmental conditions which might render
the collected materials unmarketable. Any bins or containers which
are used for the collection of recyclable paper or cardboard and which
are located in an outdoor recycling area shall be equipped with a
lid, or otherwise covered, so as to keep the paper or cardboard dry.
f.
Signs. Signs clearly identifying the recycling area and the materials
accepted therein shall be posted adjacent to all points of access
to the recycling area. Individual bins or containers shall be equipped
with signs indicating the materials to be placed therein.
g.
Landscaping and Fencing. Landscaping and/or fencing shall be provided
around any outdoor recycling area and shall be developed in an aesthetically
pleasing manner.
