[Ord. No. 144 § 300; Ord. No. 13-84 § A6]
This article shall be liberally construed in the light most
favorable to the zoning scheme and welfare of the community as a whole.
[Ord. No. 144 § 301; Ord. No. 13-84 § A5]
Unless otherwise indicated or inappropriate, words and phrases
shall be given whatever number, gender or tense actually used. The
word "lot" includes the word "plot." The word "building" includes
the word "structure." The term "such as" shall be considered as indicating
a typical illustrative situation or example rather than as being entirely
exclusive or inclusive.
[1975 Code § 13-6; New; Ord. No.
2-2015 § 1]
As used in this article:
Shall mean a subordinate building or use which is located
on the same lot on which the principal building or use is situated
and which is reasonably necessary and incidental to the conduct of
the primary use or building.
Shall mean as applied to a building or a structure, a change
or rearrangement in the structural parts or in the existing facilities,
or an enlargement, whether by extension of a side or by increasing
in height or by moves from one location or position to another.
Shall mean any area within or about a building or open area,
open to the public, used for amusement devices, games, or recreational
diversions of all types and construction.
Shall mean every building or portion thereof, which contains
three or more dwelling units.
Shall mean any place where one or more motor vehicles not
in running condition, or parts thereof, are kept or stored in the
open with no intent to restore them to operating condition.
Shall mean a portion of the building partly underground,
but having less than half of its clear height below the average grade
of the adjoining ground.
Shall mean any structure or part thereof used to convey a
message or attract the attention of the public to an activity, product
or location which is not conducted, sold or located on the same parcel
of land as the structure. This definition shall not include bulletin
boards used for government or church notices, or signs advertising
the sale or lease of the premises on which they are located.
Shall mean the lands bounded by two or more streets, which
divide it from other lands.
Shall mean the length of a street between two intersecting
or interrupting streets.
Shall mean any building or that part of any building where
rooming units are rented with or without meals to more than three
lodgers in which no provisions are made or permitted for cooking of
any description in any bedroom or suite of rooms by the occupant thereof
and in which no collective cooking or community kitchen is provided
or permitted.
Shall mean the area of a lot remaining after the minimum
applicable yard requirements have been complied with.
Shall mean any structure whether or not enclosed wholly or
in part having a roof supported by columns, piers or walls, including
tents, lunch wagons, trailers, dining cars, camp cars or other structures
on wheels, or having other supports and any unroofed structure, terrace,
platform or porch, whether or not enclosed wholly or in part.
Shall mean the total area expressed in square feet of the
outside dimensions of the principal building together with all accessory
buildings.
Shall mean the vertical dimensions of a building measured
from curb grade to the highest point of the roof in the case of a
flat roof; the decline of a mansard roof, or the average height between
the plate and ridge of a gable, hip or gambrel roof.
Shall mean the line beyond which no part of a building may
be built or project.
Shall mean an open structure attached to the main building
enclosed on no more than two sides intended for the sheltering of
motor vehicles.
Shall mean a portion of the building partly underground having
more than half of its clear height below the average grade of the
adjoining ground.
Shall mean a certificate issued by the Building Inspector
upon the completion of the construction of a new building or alterations
to an existing building, certifying that the construction complies
with all ordinances relating thereto.
Shall mean two or more contiguous lots or parcels in the
same ownership.
Shall mean a building for civic, social, educational, cultural
and recreational uses, not operated primarily for monetary gain.
Shall mean a lot at the junction of, or having frontage on,
two or more streets.
Shall mean an open space other than a required yard on the
same lot with a building and bounded on two or more sides by such
building. A court not extending to a required yard is an inner court.
A court extending to a required yard is an outer court.
Shall mean the elevation of the street grade as established
by law; referring to a building height, it means the greatest vertical
measurement of the building as computed from the curb grade at the
lot center line of the lot front.
Shall mean any prefabricated structure brought in complete
form to, or assembled on the site, designed for the serving of meals.
Shall mean the use of land for ingress and egress by vehicles
of any description.
Shall mean a building designed for and used exclusively for
residential purposes.
Single-family dwelling - A detached building designed for and
used exclusively as one dwelling unit.
Two-family dwelling - A detached building containing not more
than two dwelling units which are entirely separated by a horizontal
floor or vertical wall, unpierced, except for access to the outside
or to a common cellar or basement.
Multiple-family dwelling - A building designed for or containing
three or more dwelling units.
Shall mean a unit of a minimum of one room and bath providing
complete living facilities for one family including facilities or
provision for facilities required in the storage, preparation and
serving of food.
Shall mean a dwelling unit consisting of one room and bath
or 1 1/2 rooms and bath in which there is no separate bedroom.
Shall mean:
One or more persons related by blood or marriage occupying a
dwelling unit and living as a single nonprofit housekeeping unit.
A collective number of individuals living together in one dwelling
unit under one head, whose relationship is of a permanent and distinct
domestic character and cooking as a single nonprofit housekeeping
unit.
Shall mean a structure of any material, built, erected or
interposed in, on or upon any lot line or any lot including a gate,
hedge, ditch, wall, trestle, frame of wood, orion or other material.
Shall mean the total enclosed floor area of a structure.
For residential uses such areas shall not include garages, breezeways,
unheated porches, basements or cellars. For business or commercial
uses, such areas shall include all floor space having headroom of
at least seven feet.
Shall mean a building, or a part thereof, in which a motor
vehicle is stored, kept or repaired. Types of garages include:
GARAGE, PRIVATEShall mean a garage as an accessory use to a residence utilized for the storage of not more than three motor vehicles, and in which no business, service or industry is conducted or rendered.
GARAGE, PUBLICShall mean:
A garage used as a business, service or industry connected with
motor vehicles either housed or repaired, except automobile sales
rooms conducted exclusively for the exhibition of not more than 10
vehicles.
A garage used for the storage, care or repair of motor vehicles
for profit, including any sale of motor vehicles, fuels, or accessories,
or where any such vehicles are kept for hire.
AUTOMOBILE SERVICE STATION Shallmean a use where gasoline stored in underground tanks, kerosene or motor oil and lubricants or grease for operation of automobiles, are retailed directly to the public on premises and wherein minor automobile accessories and services are provided.
|
When the dispensing, sale or offering for sale of a motor fuel
or oil is incidental to the conduct of a public garage, the premises
shall be classified as a public garage.
|
Shall mean a group of architecturally harmonious residential
buildings, not more than two stories in height, constructed on one
parcel of land and operated as a single unit.
Shall mean any lawful business that is professional in nature
and permitted by the zoning ordinance, and is clearly customary, incidental,
and accessory to the use of the premises as a single-family residential
dwelling unit; and which does not alter the exterior of the property
or affect the residential character of the neighborhood.
Shall mean an accessory use for gain or support conducted
only by members of a family residing on the premises within the principal
building.
Shall mean churches, schools, providing primary and secondary
education, and libraries.
Shall mean a use involving the buying, selling, storing or
processing objects which are dilapidated or unfit for their intended
purpose but which have value principally because of the materials
or parts of which they are composed.
Shall mean a structure wherein dogs, cats, or any other type
of domesticated or wild animals are boarded, or bred for hire or sale.
Shall mean the Land Use Board of the Borough of South Toms
River.
Shall mean a land area occupied or designed to be occupied
by a building and its accessory building.
Shall mean an area of land expressed in square feet which
is determined by the limits of the lines bounding that area.
See Building Coverage.
Shall mean the distance between the mid-points of straight
lines connecting the foremost points of the side lot lines in front
and the rearmost points of the site lot lines in the rear.
Shall mean:
The street frontage having the least frontage and on which the
majority of buildings in the block face. All yard and height requirements
and limitations shall be computed on this provision.
Double frontage shall mean and shall exist when a lot fronts
or faces two streets, whether intersecting or otherwise.
Shall mean the shortest horizontal distance between the side
lot lines measured at the most forward allowable building line or
setback line.
Shall mean a use involving the treatment of processing of
raw products and the production or assembly or articles, parts, or
finished products from raw or prepared materials by giving them new
forms or qualities.
Shall mean any structure in or upon which goods, wares or
merchandise are offered for sale or services are rendered.
Shall mean a building which in its design or location upon
a lot does not conform to the regulations of this chapter for the
zone in which it is located.
Shall mean a lot of record existing on February 14, 1972,
which does not have the minimum width, depth, frontage, or have the
rear, front or side yards or contain the minimum area for the zone
in which it is located.
Shall mean a use of a building or of land that does not conform
to the regulations of this chapter for the zone in which it is located.
Shall mean an open area or structure, other than street or
other public way, used for parking a vehicle where permitted.
Shall mean a use or accessory use where motor vehicles are
stored, parked, kept or located in the open, with or without charge.
Shall mean an off-street space available for the parking
of a motor vehicle which, in this chapter, is required to be an area
10 feet wide and 20 feet long, exclusive of passageways and driveways
appurtenant thereto and giving access thereto.
Shall mean any individual, corporation, partnership, association,
or other group of persons, including any agency of a municipal, County,
State or Federal government.
Shall mean a roofed piazza, porch or portecochere which projects
beyond the main wall of a building and which does not encroach upon
any open space required by this chapter.
Shall mean a building in which is conducted the main or principal
use of the lot on which the building is situated.
Shall mean any artificially constructed basin or other structure
for the holding of water for use by the possessor, his family or guests,
for swimming, diving and other aquatic sports and recreation. The
term swimming pool does not include any temporarily erected plastic,
canvass or rubber pool.
Shall mean an open area, other than 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 for clients or customers.
Shall mean a use where food is sold for consumption on the
premises.
Shall mean a restaurant at which food or refreshments are
customarily served to or consumed by patrons while seated in their
automobiles, regardless of whether or not, in addition thereto, seats
or other accommodations are also provided for patrons.
Shall mean a line within any lot, marking the limits of a
required yard space, parallel to the street line between which and
the street line, no building or portion thereof may be erected except
as provided in this chapter.
Shall mean any device, structure, or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others.
Shall mean the area included within the frame or edge of
the sign. Where the sign has no such frame or edge, the area shall
be defined by an enclosed four-sided (straight sides) geometric shape
which most closely outlines said sign.
Shall mean ownership of a separate parcel or tract of real
property which is not contiguous to land in the same ownership.
Shall mean any area of land, including all structures thereon,
that is used for the sale of gasoline or other motor fuel, and retail
sales of convenience goods under one operating entity. Convenience
goods include, but are not limited to, food and drink products, household
items, newspapers and magazines, and prepared foods such as soups,
sandwiches, and salads for off-premises consumption.
Shall mean a plan of a lot or subdivision on which is shown
topography, location of all buildings, structures, roads, rights-of-way,
boundaries, all essential dimensions and bearings, and any other information
which may be necessary to reach an informed decision.
Shall mean that part of a building between the surface of
any floor and the next floor above it, or in its absence, the finished
ceiling or roof above it. A split-level story shall be considered
a second story if its floor level is six feet or more above the level
of the line of the finished floor next below it, except a cellar.
A half story is defined and the uppermost story of a building in which
a sloping roof replaces the upper part of the wall.
Shall mean a public or private thoroughfare serving as a
means of vehicular and pedestrian travel, furnishing access to abutting
properties and providing space for public utilities.
Are defined in Section 26-17 of this chapter.
Shall mean the specific purpose for which land or a building
is designed, arranged, intended, or for which it is or may be occupied
or maintained.
YARD
Shall mean
YARD, FRONT The required open space extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured at right angles to the front lot line.
YARD, REARThe required open space extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building on the lot. The depth of the rear yard shall be measured at right angles to the rear lot line.
YARD, SIDEThe required open space between the side line of the lot and the nearest line to the building and extending from the front yard line to the rear yard line or in the absence of either such yards, to the street or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of the lot.
[1975 Code § 13-7.1]
This article is intended to be permissive as to uses and purposes
permitted within the hereinafter designated zones and any use or purpose
not expressly designated for a particular zone or zones within the
section setting out the same is prohibited.
[1975 Code § 13-7.2; Ord. No. 2-05; Ord. No. 7-06 §§ 1
— 3; New]
Except as hereinafter provided, the following general regulations
shall apply:
a.
No structure shall be erected, moved, structurally altered, rebuilt,
added to, or enlarged, nor shall any land be designated or used for
any purpose other than as permitted in each zone by this chapter.
No open space or yard surrounding any building shall be encroached
upon or reduced in any manner except in conformity to the yard, lot
area, building location, percentage of lot coverage and such other
regulations hereinafter designated for the zone in which the building
or open space is located.
b.
No open space provided around any building for the purpose of complying
with the provisions of this chapter shall be considered as providing
open space for any other building.
c.
In residential zones set forth in the within chapter, there shall
be only one main residential building on each lot of record.
d.
In business and commercial zones, there shall be only one principal
building erected on each lot of record except as otherwise provided
herein.
e.
A driveway or walk providing ingress and egress, by foot or vehicle,
except to a one-family dwelling in residential zones, or to off-street
parkings or loading areas shall not be considered as an accessory
use in any zone.
f.
On any corner lot, nothing shall be erected, placed, planted or allowed
to grow in such a manner as to obstruct vision between a height of
2.5 feet and 10 feet above the curb grades of the intersecting streets,
in the triangular area formed by the two intersecting street lines
bounding the lot and by a line connecting points on each street line,
located 30 feet from the intersection of the street lines.
g.
No vehicles, equipment or storage shall be kept, placed or located
in any required setback space for a front, side or rear yard unless
otherwise specifically provided in the within chapter. Also no motor
vehicle shall be parked, stored, displayed or otherwise located in
or on any vacant or undeveloped lot unless otherwise specifically
provide by the within chapter.
h.
No building or part thereof shall encroach upon any required yard
area in any zone, with the exception that steps and entranceways not
more than eight feet wide may project three feet into a required front
yard and three feet into a required side yard.
i.
Every principal building shall face a public street and shall be
built upon a lot with frontage on a public Street which has been improved
in accordance with standards of the Borough, unless relief has been
granted by the Board of adjustment under the provision of N.J.S.A.
40:55-1.40, or unless otherwise provided herein.
j.
An accessory building attached to a principal building shall comply
in all respects with the yard requirements of this chapter for the
principal building. Detached accessory buildings shall be located
to the rear of the front building line of the principal building,
and if located in a side yard area shall conform to side yard requirements
for accessory buildings.
k.
No church or house of worship shall be placed upon any lot that is
less than a minimum of one acre in size. All churches or houses of
worship shall provide at a minimum, onsite parking spaces equal to
at least 50% of its congregation.
[1975 Code § 13-7.3; New]
Nothing herein provided shall be so construed as to prohibit
the owners of lands within any area threatened by flood or tidal waters
from lawfully filling, draining, constructing levies and bulkheads,
or otherwise improving their land so as to eliminate or reduce the
danger of flood or the erosion of soil, provided that any improvements
are in compliance with any Federal, State, County or local laws and
regulations and the required permits are obtained.
[1975 Code § 13-7.4]
a.
No land shall be occupied or used and no buildings hereafter placed,
erected or altered shall be occupied or used in whole or in part for
any purpose whatsoever until a certificate of occupancy shall have
been issued by the Construction Official stating that the use of the
building therein specified, or either of them as the case may be,
complies with all the provisions of this chapter or any other ordinance
of this Borough applicable to its issuance. Such certificates of occupancy
shall be granted or denied within 10 days after the written application
therefor has been received by the Construction Official. Applications
shall be filed in duplicate by the owner or his agent and shall state
the intended use of the structure and of the land. The application
shall be accompanied by detailed plans and specifications, a plot
plan, the established building lines within the site and such other
information as may be necessary or desirable to provide for the enforcement
of this chapter. Plans shall be drawn to scale and shall show actual
dimensions in figures. All building plans, specifications and plot
plans shall be signed by an architect or professional engineer licensed
by the State of New Jersey. The owner may sign the building plans
as to single-family dwellings or as to building accessories to the
dwellings in the event the owner has prepared the building plans,
provided the owner files an affidavit to that effect in accordance
with law. Notwithstanding any other provisions of this chapter, only
a land surveyor licensed by the State of New Jersey may prepare and
certify the required plot plan.
b.
A record of all certificates of occupancy shall be kept on file in
the office of the Construction Official and copies shall be furnished
upon request to any person having a proprietary or leasehold interest
in the building or land affected. A fee of $20 shall be charged for
each original certificate and $1 for each copy thereof.
c.
After any building or structure having previously been issued a certificate
of occupancy suffers a change in tenancy through either sale or lease,
the owner of the building or structure shall notify the Building Subcode
Official of such impending change in occupancy. After receipt of the
notice, the Building Subcode Official shall inspect the building or
structure to determine whether same complies with all of the provisions
of this chapter or any other ordinances of this Borough. If the building
or structure meets the requirements hereof, the Building Subcode Official
shall forthwith issue a certificate of occupancy; but if the building
or structure does not meet the requirements hereof, the Building Subcode
Official shall notify the applicant of the details in which the building
or structure does not meet the requirements hereof, and when such
details have been perfected, the applicant shall notify the Building
Subcode Official that the items have been corrected. No building or
structure pursuant to this section shall be occupied or used until
the certificate of occupancy has been issued.
d.
Fees. A fee of $10 shall be charged for the first inspection by the
Building Subcode Official after notification; any additional inspections,
if required, shall be charged a fee of $5. The fee shall become the
property of the Borough. No additional fee shall be charged for a
certificate of occupancy issued pursuant to this section. The Tax
Search Officer shall provide notice of a certificate of occupancy
requirement on all issued tax searches.
[1975 Code § 13-7.5; Ord. No. 10-02 § 1; New]
An accessory building or use in any zone shall be subject to
the following requirements:
a.
No accessory building shall exceed 16 feet in height except for flagpoles
which shall not exceed a height of 25 feet.
b.
No accessory building or use shall be located in any required front
or side yard space, except as otherwise provided for in this chapter.
c.
In residential zones there shall not be more than two accessory buildings
per lot or plot.
d.
An accessory building shall not be erected, nor an accessory use
be permitted, prior to the construction of the main building, or the
establishment of the principal use, upon the lot.
e.
Where an accessory building is structurally attached to a main building,
it shall be subject to, and must conform to all regulations of this
chapter applicable to the main building.
f.
In the business and commercial zones, no accessory building or use
shall be used for a business use conducted for profit apart from the
main use. In all other zones, an accessory building shall not contain
or be used for the conduct of a business. Otherwise, the use shall
be limited to a garage, an attached utility room or tool shed for
the containment of tools, implements, screens, storm sash, or other
articles generally considered accessory parts of the main building
or its use, unless otherwise specifically provided for hereinafter
in the respective enumerated zones.
g.
No accessory building shall be used in whole or in part as living,
sleeping or housekeeping quarters.
h.
A display of products or services rendered, sign-board or advertising
sign of any nature shall in no case be permitted on an accessory building
or a part thereof. Any such signs, advertising, etc., which are permitted,
shall conform with all requirements and regulations of any ordinances
of the Borough regulating the use of signs.
[1975 Code § 13-7.6]
Merchandise, articles or materials may be kept, stored or displayed
outside the confines of the building only in the B-1 and H-D Zones,
and then only if all the following requirements are complied with:
a.
Outdoor storage or display is permitted only during the normal business
hours.
b.
Trash and garbage may be temporarily stored outdoors pending its
collection. All such storage shall be screened by special planting
or a fence of such a height that the materials cannot be visible from
any abutting street or property. Under no circumstances shall the
storage or display of any article or material be permitted in the
front yard in any zone except trash and garbage during the waste collection
periods on the assigned day for the respective zones.
The commercial storage of gasoline, fuel oil, kerosene, cylinder
oil and other petroleum products in tanks or other containers above
ground is not included in permitted outdoor storage and is prohibited
in all zones.
[Ord. No. § 2-14
§ 2]
a.
The use is limited solely to office use;
b.
The use is not operated by a number of employees such as to unreasonably
cause a disturbance impacting the ability of neighbors to peacefully
enjoy their property;
c.
No nonresident employees, customers, or business invitees or guests
shall visit the dwelling unit for business purposes in numbers such
as to unreasonably cause a disturbance impacting the ability of neighbors
to peacefully enjoy their property;
d.
The use shall be located in only one room of the dwelling unit, which
shall not be served by an entrance separate from the household;
e.
Interior storage of materials shall only consist of office supplies;
f.
There shall be no change to the exterior of building or structures
because of the use and no outside appearance of a business use, including,
but not limited to, parking, storage, signs, or lights;
g.
The use operates no equipment or process that creates noise, vibration,
glare, fumes, odors, or electrical interference, including interference
with telephone, radio or television reception, detectable by neighboring
residents;
h.
The use does not require any increased or enhanced electrical or
water supply;
i.
The quantity and type of solid waste disposal is the same as other
residential uses in the zone district;
j.
The capacity and quality of effluent is typical of normal residential
use and creates no potential or actual detriment to the sanitary sewer
system or its components;
k.
Delivery trucks shall be permitted or provide delivery services to
a home office only on weekdays between the hours of 9:00 a.m. and
5:00 p.m.;
l.
Taxicab and limousine services may be permitted as a home office
use, provided that only one taxicab or one limousine may be parked
at the residence in a separate, off-street improved parking space.
[1975 Code § 13-8.1]
If on February 14, 1972, any lot use or building is being lawfully
used for a purpose which does not conform to the requirements of the
particular zone where the lot or building is situated, the use may
be continued, subject to other provisions contained in this section,
and any change of title of possession shall not affect the continuance
of such existing use. The existing use may be continued as aforesaid,
provided that:
a.
No nonconforming lot shall be further reduced in size.
b.
No nonconforming building shall be enlarged, extended or increased.
c.
No nonconforming use may be expanded.
d.
No structural alterations or substantial major changes shall be made
in any building containing a nonconforming use.
e.
No structural alterations shall be made in a building containing
a nonconforming use in order to change the use of such a building
or structure to another or an additional nonconforming use.
[1975 Code § 13-8.2]
[1975 Code § 13-8.3]
In the event there is a cessation of operation of any nonconforming
use for a period of 12 consecutive months, there shall be a presumption
that the use has been abandoned. In such event, any owner desiring
to reinstate such use after the twelve-month period has elapsed, shall
apply to the Land Use Board pursuant to N.J.S.A. 40:55D-70 in order
to determine whether an abandonment was intended.
A nonconforming use shall be adjudged abandoned when there occurs
a cessation of any such use or activity by an apparent act or failure
to act on the part of a tenant or owner in such a manner as to lead
to the conclusion that an abandonment was intended.
The provisions of this subsection shall refer to the actual
use indicated by the form and construction of the building.
[1975 Code § 13-8.4]
Nothing in the within section shall be construed so as to prevent
the strengthening or restoration to a safe and lawful condition of
any part of a building declared to be unsafe or unlawful by the Construction
Official, Fire Department or other duly authorized official. Such
repairs and maintenance work as required to keep it in sound condition
may be made to a nonconforming building or structure, provided that
no structural enlargements shall be made. All alterations shall be
in accordance with the requirements of the State Uniform Construction
Code and the area, bulk and other requirements of the within zoning
chapter, or any amendment or supplement thereto, specifically referring
to the zone location of the nonconforming premises.
[1975 Code § 13-8.5]
No nonconforming use of any portion of a lot or building may
be moved to any other part of the lot or building upon or within which
the same was conducted on February 14, 1972.
[1975 Code § 13-8.6]
Any nonconforming building or use which has been destroyed by
fire, explosion, flood, windstorm, or other act of God shall be considered
partially destroyed if the cost of restoration equals 50% or less
of the estimated equalized or true valuation of the building as determined
by the Tax Assessor. Such a building or use may be rebuilt, restored
or repaired without necessity of a variance. If the damage is greater
than above outlined, the building or use shall be considered completely
destroyed and shall not be rebuilt, restored or repaired unless in
conformity with the building and use requirements of this chapter.
In the event of a dispute as to the extent of destruction, a
ruling shall be made by the Board of adjustment pursuant to N.J.S.A.
40:55D-70a.
Repairs and restoration of such nonconforming building or structure
shall take place within one year from date of such destruction and
damage. Restoration must be completed within six months of the date
of commencement of repairs or restoration. Otherwise such resumption
and continuance of the nonconforming usage shall not be permitted.
[1975 Code § 13-8.7]
Whenever the boundaries of a zone shall be changed so as to
transfer an area from one zone to another zone of a different classification,
the foregoing provisions shall also apply to any nonconforming uses
existing therein or created thereby.
[1975 Code § 13-9.1]
Any class of sign or other advertising structure which is not
specifically provided for and permitted by this chapter is prohibited.
This prohibition includes but is not limited to:
a.
Any temporary, portable or movable sign.
b.
The use of signs on parked vehicles for bringing to the attention
of the general public any off premises or billboard type advertising
or to add to the otherwise permitted advertising of the premises within
the Borough.
c.
Billboards.
d.
Off premises or point of sale signs unless primarily directional
and designating a parking lot or area operated in a zone permitting
such use by a business being conducted within the Borough.
e.
Signs painted on or fastened to the roof of any building or structure.
[1975 Code § 13-9.2]
a.
The following signs shall be permitted in the R-7, R-10 and R-15
Zones subject to the regulations set forth herein:
1.
Official municipal, County, State or Federal signs, including traffic
and directional markers, and signs in connection with the identification,
operation or protection of any public utility or municipal, County,
State or Federal activity.
2.
A single nonilluminated nameplate sign not exceeding two square feet
in area.
3.
Sign for a school or church or other permitted use of a similar nature,
on the same lot therewith, for the purpose of displaying the name
of the institution and its activities or services, provided that the
area of such sign shall not exceed 20 square feet and that no one
side shall exceed five feet in length; and, provided further, that
not more than one such sign shall be erected on any one street frontage
on any one property. Such sign may be illuminated by white light only
and the total illumination for any side shall not exceed the equivalent
of that given by a 150 watt incandescent bulb or a 40 watt fluorescent.
4.
Trespassing signs and signs indicating private ownership or roadways
or other property, on the same premises therewith, provided that the
area of such sign shall not exceed two square feet and shall be spaced
at intervals of not less than 100 feet of street frontage.
5.
A single nonilluminated wood, metal or similar sign not exceeding
four square feet in area, and on one side exceeding three feet in
length, which advertises the sale, rental or lease of the premises
upon which the sign is located. A variety or multiplicity of signs
by the owner or various agents advertising the sale, rental or lease
of the premises or a portion thereof is prohibited.
6.
A single sign denoting the architect, engineer and/or contractor,
when placed upon the work under construction and not exceeding 16
square feet in area, and not to exceed five feet in any dimension.
Such sign shall be removed within 30 days after the issuance of a
certificate of occupancy.
7.
Temporary, emergency or nonadvertising signs, special event signs,
commemorative signs, (directory) type signs listing various businesses
as approved and limited to location, design and period of time, by
the Mayor and Council.
8.
On any corner lot, no sign, fence or hedge shall be placed in such
a manner as to obstruct vision between a height of 2.5 feet and 10
feet above the curb grade of the two intersecting streets, in the
triangular area formed by the two intersecting street lines bounding
the lot and by a line connecting points on each street line, located
30 feet from the intersection of the curblines.
b.
Awnings are permitted in any residential zone on any dwelling.
c.
Marquees and canopies are not permitted in any residential zone.
d.
Fences and hedges are permitted in any residential zone, provided,
however, that in each instance, the fence or hedge conforms to and
is governed by the following regulations:
1.
No fence shall:
[Amended 9-28-2020 by Ord. No. 2020-9]
(a)
Exceed six feet in height on the front, side and rear yards
of the property; or
(b)
Be constructed or maintained on the front yard or the street
side of the property beyond the front building line, or encroach on
any public right-of-way; or
(c)
Be electrically charged; or
(d)
Be construed of barbed wire, pointed instruments, spikes or
similar material, or have this type of material placed on or added
to an existing fence.
2.
All fences shall:
(a)
Have all plant life growing on a fence conform to all limitations
governing fences; and
(b)
Be properly supported and braced; and
(c)
Be symmetrical in appearance and conform to the definite pattern,
size and uniformity of design, and
(d)
Be properly maintained and kept in good repair, appearance and
clean condition.
3.
No hedge shall:
(b)
Be left unmaintained or untrimmed.
(c)
Any swimming pool permitted by this or any other ordinance of
the Borough, which has a depth exceeding 12 inches, whether constructed
within or on top of the ground shall be completely enclosed by a fence
not less than four feet and not more than six feet in height.
[1975 Code § 13-9.3; Ord. No. 13-94 § A7; Ord. No. 9-02 § 1; Ord. No. 15-02 § 1; Ord. No. 8-13 § 12.0]
a.
The following signs shall be permitted in the C-N, SED, MU and MR
Zones subject to the regulations set forth herein:
1.
Any sign permitted in the residential zone.
2.
Memorial signs or tablets, names of buildings and date of erection
when cut into any masonry surface or when constructed of bronze or
other incombustible materials.
3.
Wall signs provided no sign extends further than 15 inches from the
face of the building upon which it is attached and provided that the
bottom of the sign shall be at least 10 feet above the ground level
below the sign.
4.
The maximum vertical dimensions of any single sign shall not exceed
five feet and the maximum horizontal dimensions shall not exceed 40%
of the width of the wall to which the sign is attached.
5.
The number of signs for any business or industry, except as otherwise
provided herein, shall be based on the following:
(a)
Two signs on a public street for up to 75 feet of street frontage,
with one additional sign to be allowed for each additional 75 feet
of street frontage or fraction thereof.
(b)
Show or display windows may be covered up to 25% of window area,
without any time limitations, by signs fastened to the inside surface
of the window.
6.
In addition to flat signs attached to the building wall as permitted,
each use within the above zones is entitled to one freestanding sign
accessory to the business conducted on the property provided all of
the following requirements are complied with:
(a)
Requirements.
(1)
For single shop properties, the sign area shall not exceed 40
square foot per side.
(2)
For three or two shop properties, the sign area shall not exceed
75 square feet per side.
(3)
For four shops or more, such properties are limited to a maximum
100 square foot per sign side.
(4)
All signs may be double faced.
(5)
All freestanding signs must be maintained and repaired on a
regular basis.
(6)
Blinking lights or displays on any sign are prohibited.
(7)
The maximum sign square footage for each shop or store in a
multiple shop sign configuration shall be 15 square foot per store
or shop.
(8)
The remaining portion of any signs may include the name of the
Plaza or Shopping Center, and may include a time/temperature display.
(b)
No vertical or horizontal dimensions of such sign shall exceed
eight feet. Such sign may be illuminated provided it is by white light
only, and the total illumination for a side shall not exceed the equivalent
of that given by a 200 watt incandescent bulb.
(c)
Floodlights used for the illumination may not exceed the wattage
prescribed.
(d)
The sign shall not be closer to the right-of-way line of any
street than 20 feet.
(e)
The highest portion of any freestanding sign or its supporting
structure shall not exceed 18 feet in height. The bottom of such signs
shall be a minimum of ten-foot clear of the ground or grade. In cases
of ground based signs, such signs are to be a maximum height of three
feet and must be located in such a manner which will promote safe
sight distance from any vantage. Such signs may not exceed five feet
in length.
(f)
Exposed neon signage and lighting shall be encased in or behind
a glass or plastic cover when applied externally.
7.
No sign shall extend or project above the highest elevation of the
wall to which it is attached.
b.
Marquees and canopies are not permitted in these zones.
d.
Non-solid fences may be erected to a height not exceeding 15 feet,
on all sides of the property, for the protection of business premises,
provided:
1.
No fence shall extend beyond the front line of the building on any
side facing a public street.
2.
No fence shall be constructed or maintained on the front yard or
the street side of the property beyond the property line of the premises,
encroach on any public right-of-way, be electrically charged, be constructed
of barbed wire, pointed instruments, spikes or similar material, or
have this type of material placed on or added to any existing fence,
or allow any plant life growing on a fence to not conform to all limitations
governing fences. The fence must be properly supported and braced,
be symmetrical in appearance and conform to the definite pattern size
and of uniformity of design.
[1975 Code § 13-10.1; Ord. No.
8-13 § 13.0]
a.
In the R-7, R-10 and R-15 Zones, provisions shall be made for one
useable off-street parking space of each dwelling unit, provided,
however, garages as required herein may be counted as the required
space.
b.
In the SED and MR Zones, provisions shall be made for 1.75 off-street
parking spaces for each unit within a townhouse condominium development.
[Ord. No. 144 § 802; Ord. No. 13-84 § A7; Ord. No. 8-13 § 13.0]
a.
In the C-N, SED, MU, and MR Zones, provision shall be made for off-street
parking space for each 200 square feet of total floor area with the
following exceptions:
[1975 Code § 13-10.3]
In all zones, for every building or part thereof hereafter erected,
which is to be occupied by manufacturing, storage, goods display,
retail store, wholesale store or warehouse, market, hospital, laundry,
dry cleaning or other use similarly requiring the receipt or distribution
in vehicles of materials or merchandise, there shall be provided and
maintained on the same premises with such building at least one off-street
loading space independent of required off-street parking area with
access to a street. Each loading space shall be at least 10 feet in
width, 50 feet in length and have a fourteen-foot clearance above
grade. Such space may occupy all or part of the required side or rear
yard only.
[1975 Code § 13-10.4; Ord. No.
8-13 § 13.0]
No building permit or certificate of occupancy as required herein
shall be issued by the Construction Official for any construction
or alteration of a building, the use of land or change in use in a
nonresidential zone until a site plan shall have been submitted to
the Land Use Board as hereinafter provided and the Land Use Board
shall have ascertained that all of the following requirements will
be complied with:
a.
All off-street parking areas shall be surfaced with an asphalt, bituminous,
or cement binder pavement which shall be graded and drained to dispose
of all surface water as approved by the Borough Engineer.
b.
The off-street parking area shall be effectively screened on any
side which adjoins or faces premises situated in any residence zone
by a fence or wall not less than four or more than six feet in height,
maintained in good condition, provided, however, that a screening
of hedge or other natural landscaping may be substituted for the required
fence or wall if approved by the Land Use Board.
c.
All off-street parking areas shall be used solely for the parking
of motor vehicles and no commercial repair work or service of any
kind shall be conducted on such parking lot. No sign, other than entrance,
exit, ownership, and condition of use signs shall be maintained.
d.
Off-street parking facilities as accessory to any use permitted in
a residence zone shall be provided on the same lot with the permitted
principal building.
e.
Off-street parking facilities as required by this section shall be
provided on the same lot with the permitted principal building. In
the C-N, SED, MU and MR Zones, off-street areas for nonresidential
uses are permitted in the residential zones which are contiguous to
the abovementioned zones, provided that the parking area is on the
same side of the street and in the same block as the principal use.
f.
Any owner or group of owners of a business building may jointly sponsor
off-street parking facilities, provided the area of the parking facilities
equals the total parking area requirements of each owner participating
therein, and further provided that such jointly sponsored facilities
comply with all other requirements of this section. In addition, all
entrances and exits shall be recorded as permanent easements or rights-of-way.
g.
Those portions of the property which are not used for off-street
parking shall be attractively planted with trees, shrubs, plants in
size and number, and grass lawns, as may be required by the Land Use
Board. Special plantings or fences as may be required by the Land
Use Board shall be provided along the zone boundary lines so that
parking areas shall not be visible from the adjoining or adjacent
residential properties. Those portions of the property which are landscaped
as required by this paragraph shall be adequately maintained by the
owner, keeping all plantings alive and healthy, or replaced.
h.
In addition to the other requirements of this section, the following
regulations shall be complied with in the SED and MU Zones;
1.
Each entrance to and exit from a parking lot shall be at least 50
feet distance from any adjacent property located in any residence
zone and the location and design of entrances, exits, surfacing, landscaping,
marking and lighting shall be subject to the approval of the Land
Use Board to insure adequate relation to traffic safety and protection
of the adjacent residence area.
2.
The required parking areas are permitted in abutting residential
zones provided the parking area does not extend more than 150 feet
into the residential zone and further provided the parking area must
extend continuously from the parking areas in the SED and MU Zones.
i.
All parking areas shall be designed with service aisles to meet the
following standards:
|
Parallel to 30° angle parking - 12-foot aisle width
|
|
31° to 45° angle parking - 14-foot aisle width
|
|
46° to 60° angle parking - 18-foot aisle width
|
|
61° to 90° angle parking and access drives - 24-foot
aisle width
|
|
Only one-way traffic circulation shall be permitted in 12, 14
and 18-foot aisle width
|
j.
Lines showing the proper width and depth of parking spaces as required
by this section shall be painted on the parking surface and shall
be maintained at all times.
k.
All new used or expansion of existing uses in nonresidential zones
shall be required to provide curbs, sidewalks and shade trees within
the street right-of-way. All such facilities shall be installed in
accordance with Borough specifications.
l.
The amount of off-street parking area to be paved may be reduced
by the Land Use Board if it can be clearly demonstrated by the applicant
that such additional parking area is not necessary. However, the entire
amount of unpaved parking area must at all times be made available
for parking in the event that future conditions should so require.
m.
No certificate of occupancy shall be issued unless, at time of completion,
the off-street parking area fully complies with all of the Land Use
Board's requirements, as certified in writing by the Land Use Board.
n.
A parking space shall be an area 10 feet wide and 20 feet long. It
shall not be located in any passageway or driveway giving access to
the premises upon which the parking is located nor shall it be so
located as to require special effort, attention or skill in order
to be utilized. That is, a parking space shall be so located on the
site as to be easily utilized by the average driver.
[Ord. No. 1-97 § 1]
The purpose of the within section is to prohibit the storage
of unregistered motor vehicles out-of-doors within the Borough of
South Toms River.
[Ord. No. 1-97 § 13-10.5]
a.
It shall be unlawful for any person to abandon a motor vehicle on
or along any public street or roadway or any public lands or place
within the Borough.
b.
No person shall park or leave unattended a vehicle on private property
without the consent of the owner or other person in control or possession
of the property for a period in excess of that for which the consent
was given, except in the case of emergency, or disablement of the
vehicle, in which case, the owner or operator thereof shall arrange
for the expeditious removal of the vehicle.
[Ord. No. 1-97 § 13-10.6]
A vehicle which has remained on or along any highway or other
public property or on private property without the consent of the
owner or other person in charge of the private property for a period
of more than 48 hours or for any period without current license plates,
registration or insurance shall be presumed to be an abandoned motor
vehicle.
[Ord. No. 1-97 § 13-10.7]
It shall be unlawful for any owner, possessor or occupant of
land in a residential zone within the Borough of South Toms River,
with the exception of legal commercial nonconforming uses located
therein, to store, place, or permit to be stored or placed upon such
land, other than in an enclosed building or in a duly licensed junkyard
operated pursuant to all applicable regulations of the Borough of
South Toms River, any automobiles so in need of repair as to render
them incapable of being readily operated under their own power or
automobiles not currently licensed, registered, or insured, or any
parts of any such automobiles or vehicles. However, an owner of a
vehicle may restore a single inoperable vehicle on his own property
for the period of one year without current registration and insurance
for the vehicle. In the case of a motor vehicle which is more than
25 years old the vehicle owner may restore the vehicle on his own
property for a period of two years without valid registration and
insurance. Antique vehicles which require a restoration period of
more than one year must be registered with the Borough Code Enforcement
Officer. Owners of vehicles which are in the process of restoration
must demonstrate substantial progress during the period of time which
any vehicle remains unregistered and uninsured.
Under no circumstances may any residential property owner permit
more than one vehicle to remain on the property without valid registration
and insurance at any one time. Restoration or repair of motor vehicles,
be they registered or unregistered, is not permissible in the front
yards of any residential property. To the extent possible the restoration
and repair of motor vehicles must remain out of sight of the public.
[Ord. No. 1-97 § 13-10.8]
a.
Upon complaint of any resident or property owner of the Borough of
South Toms River or upon his own motion, the Zoning Officer, the Code
Enforcement Officer, Police Officer or any other authorized Borough
official may make an investigation of the condition complained of
and, if it appears that as violation of one or more of the provisions
of this chapter exists on the land, the Zoning Officer, Code Enforcement
Officer, Police Officer, or other authorized Borough official shall
notify the owner, possessor, or occupant of the property in writing
of such violation, which shall require the abatement of the violation
within 10 days from the date of service of such notice.
b.
Such notice shall be served personally upon the owner, possessor
or occupant of the property by handing a copy of it to the person
or by leaving it at his usual place of abode with some member of his
household over the age of 14 years; but if any such owner or possessor
resides outside of the Borough of South Toms River, the notice shall
be served upon him by registered or certified mail, addressed to him
as his usual residence if the same is ascertainable; otherwise, such
owner shall be served by notice published in the official newspaper
of the Borough of South Toms River.
[Ord. No. 1-97 § 13-10.9]
If an owner, possessor or occupant of lands fails or refuses to abate the violation within 10 days from the date of receipt of the notice or the publication date of the notice as provided for in subsection 26-15.5, the Borough of South Toms River, through its Zoning Officer, Code Enforcement Officer, Police Department or authorized Borough official may serve the owner, possessor or occupant the summons for a violation of this chapter.
[Ord. No. 1-97 § 13-10.10]
If the owner, possessor, or occupant of the lands is adjudged
by the Municipal Court of the Borough of South Toms River to have
violated this chapter, the Borough, through its servants, agents or
employees, at the direction of the Court, may enter upon the lands
and premises for the purpose of removing such motor vehicle or parts
thereof. The Borough shall take possession of any such motor vehicle
and proceed to dispose of it in accordance with the provisions of
N.J.S.A. 39:10A-1 et seq.
[Ord. No. 1-97 § 13-10.11]
a.
Any person violating or failing to comply with any of the provisions
of this section shall, upon conviction thereof, be punishable by a
fine of not more than $1,000 by imprisonment for a term not to exceed
90 days, or by community service of not more than 90 days, or any
combination of imprisonment, fine, or community service as determined
in the discretion of the Municipal Court Judge. The continuation of
such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
b.
The violation of any provision of this section shall be subject to
abatement summarily by a restraining order or injunction issued by
a Court of competent jurisdiction.
[Ord. No. 8-13 § 9.0]
A public garage or motor vehicle service station, while necessary,
may be inimical to the public safety and welfare if located without
due consideration of conditions and surroundings. No permit for such
use shall be issued for any zone other than the C-N Zone and only
then after a permit authorizing such use is first obtained as hereinafter
provided, as a conditional use approved by the Land Use Board.
[1975 Code § 13-11.2]
Any person desiring to use any premises, or to erect, construct
or alter any new or existing building or buildings arranged, intended
or designed to be used, as a public garage or service station shall
apply to the Land Use Board, on its forms and shall file the additional
information or data.
a.
A plot plan drawn to scale showing the location of the premises and
of the building thereon, or to be erected or constructed thereon;
the street entrances and exits or driveways; and the precise location
of the tanks-pumps, lifts and other appurtenances.
b.
The width of the street or streets upon which the premises abut.
c.
The location, type or kind of building and present use, if known,
of all buildings within 500 feet of the boundary lines of the premises.
d.
Where the applicant is a person other than the owner of the premises,
the written consent of such owner or owners authorizing the filing
of the application.
[1975 Code § 13-11.3]
Upon the filing of such application, the Land Use Board shall
fix a date and place for a public hearing to be held on the application.
If, after considering the evidence submitted at such hearing, the
location and physical characteristics of the premises or building
intended to be used as a public garage or service station and other
hazards, existing conditions and surroundings, the Land Use Board
shall find that such proposed use will not be detrimental to the health,
safety and general welfare of the community and is reasonably necessary
for the convenience of the community, it shall grant the application
and direct the Construction Official to issue a permit subject to
any conditions imposed.
[1975 Code § 13-11.4]
Anything in this section to the contrary notwithstanding, the
Land Use Board shall not order, direct or authorize the issuance of
a permit to use any building or premises as or for a public garage
or service station unless the plot plan shows that:
a.
The lot or parcel of land so to be used has a street frontage of
at least 150 feet and an average depth of at least 125 feet except
in the case of a corner lot where the street frontage and depth shall
each be at least 125 feet on each street.
b.
The building is set back at least 25 feet from every adjoining property
line and at least 40 feet from a street line.
c.
The entrance and exit driveway or driveways are at least 20 feet
wide but not more than 35 feet wide, at least 10 feet from the adjoining
property line and at least 20 feet from the corner of intersecting
public streets.
d.
Every gasoline or oil tank, pump, lift, filling, greasing or other
device, appliance or apparatus is located at least 10 feet from the
side and rear lines of the premises.
e.
No floor drains shall be connected to the sanitary sewer system.
f.
The nearest boundary line of the lot or parcel of land so to be used
is at least 1,500 feet from any boundary line of property which is
used as, or upon which is erected:
1.
A public or private school.
2.
A church or other place of worship.
3.
A public library or any other public building.
4.
A theatre or other building used or intended to be used for motion
picture, theatrical or operatic productions, or for public entertainment.
5.
A public playground or civic center.
6.
A firehouse or fire station.
[1975 § 13-11.5]
The purpose of the foregoing provisions is to set forth a complete
procedure for obtaining a conditional use approval from the Land Use
Board for the use of lands and buildings as public garages or service
stations, and is not intended to affect or repeal the provisions of
the State Uniform Construction Code.
[1975 Code § 13-12.1]
As used in this section:
a.
MOBILE HOME - Shall mean a vehicle, with or without motor power,
over 25 feet in length or over six feet in width, designed to be used
as living and sleeping quarters, or as an office, or a place of business.
b.
TRAVEL TRAILER - Shall mean a vehicular, portable structure built
on a chassis, designed to be used as a temporary dwelling for travel,
recreational and vacation uses.
c.
PICKUP CAMPER - Shall mean a structure designed primarily to be mounted
on a pickup or truck chassis and with sufficient equipment to render
it suitable for use as a temporary dwelling for travel, recreational
and vacation use.
d.
MOTORIZED HOME - Shall mean a portable dwelling designed and constructed
as an integral part of a self-propelled vehicle.
e.
FOLDING TENT TRAILER - Shall mean a folding structure, mounted on
wheels and designed for travel and vacation use.
[1975 Code § 13-12.2]
Any owner of a mobile home, travel trailer, pickup camper, motorized
home, folding tent trailer or similar recreational equipment as defined
and permitted herein, may park or store it on a single-family residential
property or any other property in the Borough subject to the following
restrictions:
a.
It shall not have any connections to electricity, water, gas or sanitary
sewer facilities, and at no time shall this equipment or vehicle be
used for living, sleeping or housekeeping purposes while within the
confines of the Borough.
b.
It must be kept in good repair, carry a current year's vehicle registration
license, (where licensing is required) and at all times, except when
loading or unloading for immediate departure or arrival, shall be
kept locked and secured.
[1975 Code § 13-12.3]
No mobile home trailer, or motorized home, shall be parked on
any street of the Borough in violation of any parking ordinance of
the Borough or, in any case, for a period of more than four hours.
It may be parked in a public parking lot between the hours of 8:00
a.m. to 12:00 midnight of the same day. If parked in the open in any
residential district, it may be parked outside of a garage provided
it is parked to the rear of the setback line of the premises, but
in conformity with all zone requirements for side yards and rear yards
relating to accessory buildings in the zone where parked.
[1975 Code § 13-12.4]
The parking of boats in R-7, R-10 or R-15 Zones is prohibited
except for one boat not exceeding 30 feet in length and parked or
stored in compliance with all provisions.
[Ord. No. 5-92 § 13-12.5]
a.
Statutory Authorization. It is the responsibility of the local government
to adopt regulations designed to promote the public health, safety
and general welfare. Such power has been delegated to the municipalities
from the legislative of the State of New Jersey. The Borough Council,
in order to better promote the public health, safety and general welfare
of its citizens, does ordain as follows:
b.
Findings of Fact. Pursuant to N.J.S.A. 2C:34-2(b), the legislature
of the State of New Jersey has determined that it is a fourth degree
crime to sell, distribute, rent or exhibit material which is obscene.
Consequently, the State of New Jersey has pre-empted the Borough from
prohibiting the sale of material which the Township believes to be
obscene. However, in order to promote the public health, safety and
general welfare of its citizens, the Borough may promulgate reasonable
time, place and manner regulations with respect to the sale, distribution,
rental or exhibition of various items by sexually-oriented businesses.
1.
The Borough Council has determined that sexually-oriented businesses
have a deleterious effect on both the existing businesses adjacent
to such establishments, as well as the surrounding residential areas;
causes increased crime, especially prostitution; adversely affects
property value; creates an atmosphere which is inimical to the values
of a significant segment of the Borough's population; encourages residents
and businesses to move elsewhere; and that such sexually-oriented
businesses, when located in close proximity to each other, contributes
to urban blight and downgrades the quality of life in the adjacent
areas.
c.
Purposes and Objectives. It is the purpose of this section to regulate
sexually-oriented businesses, to minimize and control the adverse
effects recognized in the preceding section, and to promote the public
health, safety and general welfare of the citizens of the Borough
of South Toms River. The Borough Council finds that the secondary
effects of adult entertainment establishments, as established through
the reports and studies of other cities and municipalities with the
appropriate resources to conduct same, is deleterious and inimical
to health, safety and general welfare of the residents of the municipality.
It is not the purpose of this section to restrict or deny access by
adults to sexually-oriented materials protected by the First Amendment,
nor will this section have the effect of restricting or denying such
access.
[Ord. No. 5-92 § 2]
In this section:
Shall mean any place to which the public is permitted or
invited, wherein coin-operated or slug-operated or electronically,
electrically, or mechanically controlled still or image-producing
devices are maintained to show images to one person per machine at
one time, and where the images so displayed are distinguished or characterized
by the depicting or describing of "specified sexual activities" or
"specified anatomical areas."
Shall mean a commercial establishment which, as its principle
business purpose, conspicuously offers for sale or for rental for
any form of consideration, any one or more of the following:
Books, magazines, periodicals or other printed material, or
photographs, films, motion pictures, video cassettes or video reproductions,
slides or other visual representations which depict or describe "specified
sexual activities" or "specified anatomical areas," or
Instruments, devices or paraphernalia which are designed for
use in connection with "specified sexual activities."
Shall mean a hotel, motel or similar commercial establishment
which offers accommodations to the public for any form of consideration
which:
Provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas,"
and has a sign visible from a public right-of-way which advertises
the availability of this adult type of photographic reproductions;
or
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to sub-rent the
room for a period of time that is less than 10 hours.
Shall mean a commercial establishment where, for any form
of consideration, films, motion pictures, video cassettes, slides
or similar photographic reproductions are regularly shown which are
characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas." Adult motion-picture
theaters shall meet the seating criteria established for adult theaters.
Shall mean a theater, concert hall, auditorium or similar
commercial establishment which regularly features persons who appear
in a state of nudity for live performances which are characterized
by the exposure of "specified anatomical areas" or by "specified sexual
activities." Seating shall be provided in a design consistent with
traditional movie theaters. All sitting areas shall be visible and
unobstructed.
Shall mean the exhibition to the senses of another person
for valuable consideration, whether the valuable consideration is
paid by the recipient of the exhibition or by another, and whether
the exhibition occurs at the exhibitor's place of business or elsewhere.
Shall mean the appearance of a human bare buttocks, anus,
male genitals, female genitals or female breasts.
Shall mean the definition of obscene materials set forth
in C. 95, L. 1978, as amended by C. 211, Section 1, L. 1982 (effective
December 23, 1982 as N.J.S.A. 2C:34-2), as same shall be, from time
to time, amended or supplemented, as well as in accordance with, and
not more strictly than judicial interpretations thereof, pursuant
to the Constitution of the United States and of the State of New Jersey
finally concluded in courts of jurisdiction sufficient to render decisions
on constitutional questions of general application.
Shall mean an individual, proprietorship, partnership, corporation,
association or other legal entity.
Shall mean an adult arcade, adult bookstore, adult video
store, adult cabaret, adult motel, adult motion-picture theater or
adult theater.
Shall mean:
Shall mean and includes any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in conjunction with any of
the activities set forth in a through c.
[Ord. No. 5-92 § 3; Ord. No. 4-99 § 2]
a.
It shall be a violation of this section if a person operates or causes
to be operated, or allows to be operated, a sexually oriented business:
1.
Within 1/4 mile of a place of worship;
2.
Within 1/4 mile of any school, whether public or private, or within
1/4 mile of any school bus stop;
3.
Within 1/4 mile of a boundary of a growth area, village or rural
development, district or zone;
4.
Within 1/4 mile of any other sexually-oriented business;
5.
Within 1/4 mile of any residential use or zone;
6.
Within 1/4 mile of any public park or playground.
b.
Measurements shall be made in a straight line, without regard to
intervening structures or objects, from the nearest portion of the
building or structure used as a part of the premises where a sexually-oriented
business is conducted, to the nearest property line of the premises
of a place of worship, a school, a boundary of a residential district,
a public park or playground or a lot devoted to residential use or
a school bus stop.
c.
A sexually-oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to
the establishment of sexually-oriented business, of a place of worship,
school, public area, residential district, or residential lot within
1/4 mile of the sexually-oriented business.
d.
The sexually-oriented business shall conform with design standards
and development requirements established through the ordinances of
the Borough of South Toms River. Sexually-oriented businesses will
be limited to 500 square feet in any one location. Existing businesses
will not be permitted to expand beyond the 500 square foot limitation
without being considered an application for a new, separate, and distinct
business operation.
[Ord. No. 5-92 § 3]
a.
Any person violating any provision of this section shall, upon conviction,
be liable for a fine not to exceed $1,000, or a term of imprisonment
not to exceed 90 days, or both. In no event shall any person violating
this section, upon conviction, receive a fine below the amount of
$100.
b.
Each day a sexually-oriented business is in operation in violation
of paragraph c of this subsection each such day shall constitute a
separate offense under this section.
[1975 Code § 13-13.1; Ord. No.
14-94 § 1; New; Ord. No.
8-13 § 1.0]
For the purposes of the within chapter, the Borough is hereby
divided into seven zones or districts as follows:
|
R-7
|
Residence Zone
|
|
R-10
|
Residence Zone
|
|
R-15
|
Residence Zone
|
|
MR
|
Marine Recreational-Residential Zone
|
|
ML
|
Municipal Lands Zone
|
|
CR
|
Conservation Residential
|
|
T
|
Townhouse Transition
|
|
M-U
|
Mixed-Use
|
|
SED
|
Special Economic Development
|
|
C-N
|
Neighborhood Commercial
|
[Ord. No. 144 § 1202; Ord. No. 260 § 2; Ord. No. 13-84 § A7; Ord. No. 14-94 § 2; Ord.
No. 6-95 § 1; Ord. No.
8-13 § 2.0; Ord. No. 10-2018]
a.
Zoning Map Adopted.
The aforesaid zones are hereby established as shown on a map
entitled "Zoning Map, Borough of South Toms River, Ocean County, New
Jersey, revised by Maser Consulting, PA, May 2013" which accompanies
and is hereby made a part of the chapter.
NOTE: The map referred to herein may be found at the end of
this chapter.
b.
Zoning Map Amendments.
1.
The Zoning Map is hereby amended so as to provide for a zone entitled
Municipal Lands Zone located at and within the boundaries of Mill
Street, South Main Street, Route 9 and the line separating Lots 5
and 6 from Lot 7, all in Block 8 as found on the Tax Map of the Borough
of South Toms River. The purpose of this description is to describe
those premises currently owned by the Borough of South Toms River,
and known and designated as Lots 7 and 8 in Block 8 as found on the
Tax Map of the Borough of South Toms River.
2.
The B-1 Zone shall be amended to include the following property:
(a)
Block 8, Lot 10.
(b)
Block 8.01, Lots 1 & 4.
(c)
Block 8.01, Lots 2, 3, 5 & 6.
In so amending the Zoning Map the governing body of the Borough
of South Toms River has determined that the properties in question
are more suitably zoned for Business Professional use as the properties
have frontage along Flint Road. Flint Road is a commercial corridor
within the Borough and all other properties with frontage along Flint
Road are commercially zoned.
3.
Pursuant to Ord. No. 10-2018:
Block 12, Lots 26, 27, 28, 29, 30, 31, and 32 are located in R-10 Zone; and Block 12, Lots 26, 27, 28, 29, 30, 31, and 32 are abutting Block 12, Lots 39, 40, and 41, that is are Zoned Special Economic Development (SED). The Borough of South Toms River Borough Council desires to amend Chapter 26 of the Borough Code, Article VI (Zoning); so as to include Block 12, Lots 26, 27, 28, 29, 30, 31, and 32 within the SED Zone. Borough Code, 26-12.7, Zone Changes, states "Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby." The Mayor and Council referred this Ordinance and the proposed amendments to the Zoning Map to the Borough's Land Use Board (the "Land Use Board") for its review and comment, to determine whether the Ordinance (and revised Zoning Map) are consistent compliance with the Borough of South Toms River's Master Plan.
c.
Redevelopment Plans.
Ord. No. 1-2015, adopted 1-30-2015, adopts Route 166 Redevelopment
Plan.
Ord. No. 12-2015, adopted 11-23-2015, adopts 19 Double Trouble
Road Redevelopment Plan.
Ord. No. 13-2015, adopted 11-23-2015, adopts Municipal Complex
Redevelopment Plan.
Ord. No. 2-2016, adopted 3-28-2016, adopts 19 Double Trouble
Road Redevelopment Plan.
Ord. No. 4-2016, adopted 4-11-2016, amends 19 Double Trouble
Road Redevelopment Plan.
Ord. No. 8-2017, adopted 6-26-2017, adopts the Dover Road Redevelopment
Plan.
Ord. No. 9-2017, adopted 10-23-2017, amends the Dover Road Redevelopment
Plan.
Ord. No. 2019-3, adopted 12-9-2019, amends 19 Double Trouble
Road Redevelopment Plan.
Ord. No. 2021-1, adopted 2-22-2021, adopts the Affordable Housing
Amendment - Landfill Redevelopment Plan.
Ord. No. 2021-02, adopted 2-22-2021, adopts the amended and
restated Municipal Landfill Redevelopment Plan.
Ord. No. 2021-7, adopted 10-25-2021, adopts the Second Amended
and Restated Municipal Landfill Redevelopment Plan.
Ord. No. 2021-8, adopted 10-25-2021, adopts the Amended and
Restated Affordable Housing Landfill Redevelopment Plan (AHLRP).
Ord. No. 2021-9, adopted 10-25-2021, adopts Third Plan Amendments
to the Dover Road Redevelopment Plan.
[1975 Code § 13-13.3]
Where the street layout actually on the ground varies from the
street layout in the zone map, or there is a doubt in particular instances
as to what boundary line is determining, the question of such determination
shall be adjudicated by the Land Use Board pursuant to N.J.S.A. 40:55D-70a.
The designation shown on the zone map shall be applied to the ground
by the Land Use Board after due notice and public hearing, in such
a way as to carry out the intent and purposes of the map for the particular
area in question.
[1975 Code § 13-13.4]
In the event any uncertainty exists as to any zone boundaries
as shown on the map, the following rules shall apply:
a.
In unsubdivided land and where a zone boundary divides a lot, the
location of such boundary, unless the same is indicated by dimensions
shown on the map, shall be determined by the use of the scale appearing
thereon.
b.
Where a zone boundary line divides a lot in a single or joint ownership
of record on February 14, 1972, the regulations for the less restricted
portion of such lot shall extend not more than 30 feet into the more
restricted portion; provided, however, that the lot must have frontage
on a street in the less restricted zone.
[1975 Code § 13-14.1; Ord. No.
11-02; Ord. No. 8-13 § 3.0]
The Borough of South Toms River is an established suburban residential
community. It is the desire of the community to preserve and protect
the established character of neighborhoods in the Borough and to encourage
a compatible relationship between new or expanded houses and traditional
neighboring structures that reflects the best of the local character,
particularly in terms of scale, siting, design features, and orientation
on the site.
These zones are designed for and permit single-family residential
use but also permit:
b.
Accessory uses customarily incident to individual residences provided
that any accessory structure may not exceed one story in height.
c.
Private garages conforming to definition of "garage, private," carports,
sheds and accessory buildings are not to exceed 600 square feet in
floor area.
d.
Parking and parking facilities conforming to this chapter.
e.
Not more than one permanent roomer or boarder per family.
f.
Private swimming pools provided a permit is issued by the Construction
Official and signed by the Borough Engineer and further provided all
of the following regulations are complied with:
1.
The area of the private swimming pool shall not exceed 20% of the
rear yard area.
2.
The pool shall be equipped with a filtration, circulation, clarification
and chlorination system adequate to maintain the water in a clean
and healthful condition in accordance with the health requirements
of the Borough and State.
3.
The discharge pipe or conductor leading from any private swimming
pool shall not exceed two inches in diameter, and shall be composed
of galvanized iron, or such other standard and durable material as
may be approved by the Borough Engineer. No private swimming pool
shall be wholly or partially emptied in any manner that will cause
water to flow upon the premises of another and no private swimming
pool shall be wholly or partially emptied upon any land if a stormwater
drain is readily accessible to the premises on which the pool is located.
No private swimming pool shall be wholly or partially emptied into
any sanitary sewer system, cesspool or septic tank.
4.
No public water shall be used in connection with the operation of
any private swimming pool during any time when restrictions are imposed
on the use of public water.
5.
Every private swimming pool shall be completely enclosed with a permanent
substantial fence at least four feet from the edge of the pool, and
no less than five feet in height above the ground level. Any opening
or gate in such fence shall be so designed, constructed and maintained
so as to prevent access to the pool at any time except when the pool
is in use under the supervision of the possessor of the pool or by
his permission.
6.
The swimming pool shall not be closer than five feet to any side
or rear lot lines of the premises, provided on corner lots, no part
of any pool shall be constructed within the front yard area on either
street.
7.
All lighting in connection with a swimming pool shall be so arranged
and shielded as to reflect the light downward away from all adjoining
and nearby residences or streets.
g.
Home Occupations.
h.
Family day-care homes.
[1975 Code § 13-14.2; Ord. No.
12-02; Ord. No. 13-02; Ord. No. 8-13 § 4.0]
a.
b.
Minimum Setback Requirements for Principal Building.
1.
Front yard. No building shall be erected or altered so as to increase
or decrease the pronounced uniformity of the street front alignment
of the existing buildings and in the depths of the existing front
yards. In any case the principal building will be set back from the
property line a minimum of 25 feet on both interior and corner lots.
Corner lots will set back off each of the intersecting streets.
2.
Side yards (each): 10 feet on interior lots and 12 feet on corner
lots.
3.
Rear yard: 30 feet in depth.
d.
Maximum Building Area. The total combined building area of dwelling
and all permitted accessory buildings, including garage, shall not
exceed 25% of the area of the lot.
e.
Maximum Building Height. Thirty-five feet or 2 1/2 stories,
whichever is less.
f.
Minimum Floor Area. One thousand square feet in one story building
(gross) and 1,500 in a 2 1/2 story building.
g.
Minimum Unoccupied Open Space. 15%.
[1975 Code § 13-14.3]
As set forth and required in Section 26-14 of this chapter.
[1975 Code § 13-14.4]
No portion of the front yard area shall be paved or hardtopped
in any manner except a driveway area not to exceed 25 feet in width.
[1975 Code § 13-15.1]
This zone is designed for and permits single-family residential
use as permitted in the R-7 Zone except that no roomer or boarding
rooms shall be permitted.
[1975 Code § 13-15.2]
Any accessory building or use allowed in the R-7 Zone is permitted
in the R-15 Zone.
[1975 Code § 13-15.3; Ord. No.
14-02; Ord. No. 8-13 § 5.0]
b.
Minimum Setback Requirements for Principal Building.
c.
Minimum Setback Requirements for Accessory Building. Same as R-7
Zone.
d.
Maximum Building Area. Same as the R-7 Zone.
e.
Maximum Building Height. Same as R-7 Zone.
f.
Minimum Floor Area. One thousand two hundred square feet (gross)
in one story and 2,000 feet (gross) in a 2 1/2 story building.
g.
Minimum Unoccupied Open Space: 15%.
[1975 Code § 13-15.4]
In order that the public health, safety, morals and general welfare be furthered in an age of increasing land development and to encourage a flexibility of site design and area development, to encourage innovations in residential development so that growing demands of the population may be met and served by greater variety in design and layout of buildings and by the conservation and more effective and efficient use of open space, to encourage a more efficient use of public services, to conserve the value of the land and preservation of the property values within established residential areas, modification of the lot area and lot width may be allowed subject to compliance with subsection 26-21.5 through 26-21.9.
[1975 Code § 13-15.5]
The minimum lot area and minimum lot width as required by subsection 26-21.3 may be reduced by employing the use of open space zoning, as hereinafter defined, provided the following requirements are met:
a.
The minimum interior lot area shall be 10,000 square feet and the
minimum corner lot area shall be 15,000 square feet.
b.
The minimum lot width of an interior lot shall be 90 feet and the
minimum lot width of a corner lot shall be 120 feet.
c.
The minimum interior lot front yard shall be 30 feet and on a corner
lot 80 feet frontage on each frontage on each of the intersecting
streets.
d.
The minimum rear lot depth: 40 feet.
e.
All lands of the tract not included in proposed lots or street rights-of-way
shall be dedicated or conveyed to the Borough to be used by the Borough
Council for either recreation or drainage and conservation areas.
f.
All other zoning and subdivision standards and requirements shall
apply.
[1975 Code § 13-15.6]
a.
An applicant proposing to develop lands in accordance with the modifications provided for in subsection 26-21.5 shall first submit a preliminary subdivision plat to the Land Use Board in accordance with zoning standards for area, yard, height and bulk requirements of subsection 26-21.3. After approval of the plat by the Board and Borough Council, the applicant may then submit a plan in accordance with standards and conditions of subsection 26-21.5 showing exactly the same number of lots as shown and agreed to in the original plat subdivision.
b.
The Land Use Board shall review the preliminary plat utilizing modified
lot design standards and thereafter decide upon the submission. The
Board shall base its decision upon the modified lot design sketch
plat proposal with regard to the following:
c.
The Land Use Board and Borough Council shall not be compelled to
approve a proposal for modified size development if in its sole discretion
the proposal does not further the orderly development of the area
and that proposed open space does not relate to the Comprehensive
Plan for development and provision of parks, public facilities and
natural drainage systems in the Borough.
d.
The proposed subdivision shall be in accordance with a Comprehensive
Plan and fulfill or contribute toward fulfilling one or more of the
purposes outlined in N.J.S.A. 40:55D-28.
e.
Any area conveyed to the Borough under the terms of this subsection
shall be adaptable to the above listed public uses without undue public
expenditure necessary to improve such land resulting from excessive
topography, adverse drainage or soil conditions, or inadequate accessibility.
[1975 Code § 13-15.7]
The creation of lots of less area or frontage than that normally
required for the zone district in which the lots are located may be
permitted provided the subdivision design and arrangement of lots
shall be in such a manner as to maintain the intended density of the
zone district in which the modification is permitted. Further in order
to permit the use of the additional open space area for the Borough
for public purposes as outlined above, the title to open space which
are created by virtue of the permitted reduction shall vest in the
Borough.
[1975 Code § 13-15.8]
The owner of a tract of land approved by the Land Use Board
and Borough Council to be subdivided in accordance with modified lot
design standards shall convey to the Borough all lands not included
in lots and streets. The land shall be conveyed for public uses as
determined by the Borough. The land shall be improved in accordance
with Borough requirements prior to dedication. Dedicator or conveyance
to the Borough shall be in such form as is acceptable to the Borough.
[1975 Code § 13-15.9]
As set forth in this section 26-14.
[1975 Code § 13-15.10]
No portion of the front yard area shall be paved or hardtopped
in any manner except a driveway area not to exceed 30 feet in width.
[Ord. No. 8-13 § 6.0]
The Borough of South Toms River is an established suburban residential
community. It is the desire of the community to preserve and protect
the established character of neighborhoods in the Borough and to encourage
a compatible relationship between new or expanded houses and traditional
neighboring structures that reflects the best of the local character,
particularly in terms of scale, siting, design features, and orientation
on the site.
[Ord. No. 8-13 § 6.0]
This zone is designed for and permits single-family residential
use and all uses permitted in the R-15 Zone.
[Ord. No. 8-13 § 6.0]
Any accessory building or use allowed in the R-15 Zone is permitted
in the CR Zone.
[Ord. No. 8-13 § 6.0]
The following area, yard and building requirements shall apply
to the Conservation Residential Zone:
[Ord. No. 8-13 § 6.0]
As set forth in this section 26-14.
[Ord. No. 8-13 § 6.0]
No portion of the front yard area shall be paved or hardtopped
in any manner except a driveway area not to exceed 30 feet in width.
[Ord. No. 8-13 § 7.0]
This zone is designed for and permits residential townhouses.
[Ord. No. 8-13 § 7.0]
a.
Minimum area utilized for townhouse condominium development: two
acres.
b.
Maximum units per acre: eight units.
c.
Maximum building height: 35 feet.
d.
Minimum building setback from all property lines: 50 feet.
e.
No more than eight dwelling units nor less than four dwelling units
shall be contained in any one structure.
f.
There shall be a maximum of 25% lot coverage.
g.
Each structure shall have ingress from the front and rear to either
common hallways or to each dwelling unit.
h.
The minimum distance between buildings shall be 50 feet but in no
event shall a townhouse condominium building be located within 50
feet of single-family dwelling.
i.
A minimum of 15% of the total land area shall be set aside for usable
recreation space.
j.
All buildings shall provide not less than two exterior exposures
for each dwelling unit, properly placed by windows or other openings
so as to provide through ventilation or cross-ventilation for the
unit.
k.
The structures or buildings shall be authentic traditional colonial
design or of a contemporary design and other details such as entrance,
columns, windows, shutters, cornices, chimneys and porches shall be
designed and executed in strict conformity with those general types.
All buildings shall be constructed with an exterior of brick or stone
or concrete.
l.
Within townhouse condominium developments, all garages and outbuildings,
and enclosures of any sort, must conform in general type to the architecture
of the main structure.
m.
All townhouse type buildings shall have not more than two floors
devoted to dwelling living units. No portion of the basement area
shall be used for dwelling purposes.
n.
All streets, both external and internal (including street grading
and paving), driveways, parking areas, sidewalks, curbs, gutters,
streetlighting, shade trees, water mains and water systems, culverts,
storm sewers, and such other improvements as may be found necessary
in the public interest shall be installed in accordance with the standards
adopted for subdivisions of land, and the building permit therein
shall not be issued unless and until an adequate performance guarantee
for the purpose of insuring proper installation of the improvements
is posted with the Borough Clerk in a form approved by the Borough
Attorney and in an amount determined by the Borough Engineer to be
sufficient to insure the completion of all required improvements.
o.
No townhouse condominium development shall be approved until approval
of plans for disposal of sewerage in accordance with the standards
set forth by the County Sewerage Authority are met. The performance
guarantee outlined in this section is also applicable to sewerage
disposal.
p.
A recreation site shall be developed with facilities suitable to
serve the residents of the development. It shall be located in an
area which will not be detrimental to adjacent property owners by
virtue of noise, light, glare and any other objectionable feature
emanating from such facility. No recreation area shall be located
in front of a building. A recreation area may be provided for to the
side or rear of the buildings provided it is not located within 25
feet of any building.
q.
No outside area or equipment shall be provided for the hanging of
laundry or the outside airing of laundry in any manner. Sufficient
area and equipment shall be made available within each building for
the laundering and artificial drying of laundry of occupants of each
building.
r.
Where a townhouse condominium development district abuts a residential
district or a commercial use, an evergreen planting screen having
a minimum width of five feet shall be provided. The screen shall consist
primarily of evergreen trees so as to provide visual obstruction.
The planting material shall be at least six feet high at the time
of planting. It shall be the responsibility of the owner or developer
to carry out this planting and to promote such maintenance and care
as is required to obtain the effect intended by the original plan.
s.
All parking lots in townhouse condominium developments shall be adequately
lighted, either with wall-mounted or post-mounted ornamental fixtures.
Lights shall be adequately shielded from adjacent properties. If garages
are provided, they shall have a floor area of not less than 240 square
feet. They may be built into the townhouse structure or separately
constructed as herein provided. No garage or other accessory building
shall be placed nearer to a side or rear property line than 50 feet
when abutting a residential district; in all other cases, 25 feet.
In no case shall a garage or accessory building be permitted between
a street frontage and building. Each group of attached garages shall
have a joint capacity of no more than 10 vehicles arranged in a row
and there shall be a minimum distance of 12 feet between such structures.
Garages and other accessory buildings shall be not more than one story
in height. The architectural design and materials used in the construction
thereof shall conform to the design and building materials used in
the construction of the townhouse condominium structures. No part
of any garage or other accessory building shall be used for living
purposes. Garages and parking areas shall be used as automobile parking
units only, with no sales, dead storage, dismantling or servicing
of any kind permitted.
t.
Pools included as part of the overall development of a townhouse
condominium development shall be located within an area not less than
4,000 square feet that is devoted to the use of the pool and constructed
according to the standards set forth in this chapter.
[Ord. No. 8-13 § 7.0]
The following additional general controls shall apply to townhouse
condominium developments:
b.
Walks. Walks shall be required as follows:
1.
Entry walks or service walks shall be masonry construction.
2.
Entry walks or service walks shall be in addition to and not part
of any driveway.
3.
Primary entry walks shall be a minimum of four feet in width.
4.
Secondary walks (service walks or individual unit walks) shall be
a minimum of three feet in width.
5.
Walks may encroach five feet into any required side yard and 25 feet
into any required rear yard. Primary or secondary entry walks shall
cross the front yard between the limit lines of the required side
yards if extended to the front property line.
6.
Any walk forming a part of the parking or turning area or crossing
a driveway may be of the same material as the parking or turning area
or driveway.
7.
Paths forming a part of any garden or recreation area are not considered
walks for the purpose of this chapter.
c.
Recreational Facilities. Recreational facilities shall be permitted
subject to the conditions contained in this chapter and the following
additional restrictions:
1.
Recreational facilities including marinas and swimming or wading
pools shall be permitted as an accessory use for the unit.
2.
Recreational facilities are for the use of occupants of the development
and their guests and friends or relations of guests. No public use
or offering of use shall be permitted except as otherwise provided
herein.
d.
Patio or Sunbathing Areas.
1.
Patio or sunbathing areas including barbecue or outdoor eating facilities
may be permitted as an accessory use.
2.
These facilities shall be for the use of occupants of the development
and their guests and friends or relations of guests. No public use
or offering of use shall be permitted.
3.
These facilities may encroach into any required yard (except for
buildings pertaining thereto) as is permitted under the subsection
limiting and controlling walks.
f.
Television and/or Radio Antenna. Only one master antenna shall be
permitted for television and/or radio reception for each building.
g.
Soundproofing. All buildings shall conform to the minimum standard
of 45 decibel reduction value for all property walls and floors, except
where another ordinance or law shall provide a higher minimum standard
in which case it shall apply.
h.
Screening.
1.
All trash and garbage collection locations and parking and turning
area shall be screened by natural or artificial means as to reduce
to a minimum their effect on the desired harmoniously pleasing aesthetics
of the site within the Borough.
2.
Perimeter screening shall be required for natural or artificial means
to maintain a harmoniously pleasing aesthetic value and effectively
obstruct the view from adjacent premises to a height not to exceed
six feet.
3.
The Construction Official and/or Zoning Officer of the Borough shall
make an annual inspection and report to the Borough Council as a maintenance
of required screening.
i.
Exterior Lighting.
1.
All parking and turning areas, drives, entries, and walkways shall
be lighted for safety from dusk to dawn with lighting shielded from
adjoining properties.
2.
All recreational and/or patio or similar areas may be lighted with
lighting shielded from adjoining properties.
3.
All general project or building lighting shall be permitted provided
lighting is soft white light shielded from adjoining and opposite
properties.
j.
Exterior Sound. Exterior sound facilities shall be permitted for
any recreational, patio or similar area until 12:00 midnight providing
the facility does not violate any provision of any other ordinance
concerning the peace and general welfare of the Borough.
k.
Storage Areas. Each building may provide general storage area for
service for the building and project.
l.
Mail Receptacles. Each dwelling unit shall be required to have mail
receptacles in accordance with the specifications of the Post Office
Department.
m.
Required Heating and Utilities.
1.
No dwelling unit shall be constructed without a central heating system
or systems sufficient to permit each dwelling unit to be maintained
at a temperature of 72° when the outside temperature is at 0°.
The temperature for each dwelling unit shall be regulated by a control
located therein.
2.
Central or individual air-conditioning units shall be provided so
as to permit each dwelling unit to maintain a temperature of 72°
when the outside temperature is 90°. Where central air conditioning
systems are installed, the temperature for each dwelling unit shall
be controlled by a control located therein.
3.
Any plans submitted for the construction of any townhouse condominium
type building or buildings set forth herein shall provide for adequate
water service and shall in addition provide the storm sewer facilities.
The plans shall also provide for sewerage disposal service in accordance
with the standards and requirements set forth by the County sewerage
authority.
[1]
Editor's Note: Former Section 26-25, B-1 Neighborhood Business
and Professional Zone was repealed by Ordinance No. 8-13.
[Ord. No. 8-13 § 8.0]
This zone is designed to permit the following principal uses:
b.
Service establishments such as barber shops, beauty shops, tailoring
and dressmaking shops, shoe repair shops, dry cleaning and laundry
collection shops provided that no processing requiring the use of
flammable materials is done on the premises.
d.
Business and professional offices, banks and other fiduciary institutions.
e.
Public utility offices and exchanges.
f.
Restaurants, lunchrooms and other eating establishments excluding
roadside stands, diners and lunchwagons, drive-ins and self-service
restaurants.
g.
Music, art and dancing studios.
h.
Undertaking and funeral services.
i.
Restaurants, lunchrooms and other eating establishments excluding
roadside stands and lunchwagons.
j.
Clubs, lodges, association buildings, meeting rooms and halls.
k.
Cannabis establishments, including cannabis cultivator (Class 1 License),
cannabis manufacturer (Class 2 License), cannabis wholesaler (Class
3 License), cannabis retailers (Class 5 License) and cannabis delivery
services (Class 6 License).
[Added 3-15-2022 by Ord. No. 2022-2]
l.
Cannabis distributors (Class 4 License).
[Added 3-15-2022 by Ord. No. 2022-2]
[Ord. No. 8-13 § 8.0]
b.
Outside storage uses normally associated with a permitted use provided
that the storage area shall be screened from adjacent uses by a buffer
strip consisting of a dense planting at least five feet in width and
otherwise complies with the provisions of this chapter. No storage
shall be permitted in any required front yard.
[Ord. No. 8-13 § 8.0]
a.
Minimum Size of Lot. Forty thousand square feet and a street frontage
of at least 200 feet.
d.
Maximum Building Area. The total combined building area of all permitted
buildings shall not exceed 35% of the area of the lot.
e.
Maximum Building Height. Thirty-five feet or 2 1/2 stories.
f.
Minimum Floor Area. Three thousand square feet for one story and
5,000 square feet for 2 1/2 stories.
[Ord. No. 8-13 § 8.0]
When a variance or other approval for a residential use in that
portion of the C-N Zone located in the Pinelands Area is granted by
the Borough, Pinelands Development Credits shall be used for 50% of
the authorized units for parcels under 10 acres in size; for 75% of
the authorized units for parcels between 10 and 20 acres in size and
for 100% of the authorized units for parcels over 20 acres in size.
[1]
Editor's Note: Former Section 26-26 H-D Highway Development
Zone was repealed by Ordinance No. 8-13.
[Ord. No. 8-13 § 10.0]
This zone is designed for the following principal uses:
b.
Service establishments such as barber shops, beauty shops, tailoring
and dressmaking shops, shoe repair shops, dry cleaning and laundry
collection shops provided that no processing requiring the use of
flammable materials is done on the premises.
c.
Business and professional offices, banks and other fiduciary institutions.
d.
Public utility offices and exchanges.
e.
Restaurants, lunchrooms and other eating establishments excluding
roadside stands, diners and lunchwagons, drive-ins and self-service
restaurants.
f.
Music, art and dancing studios.
g.
Undertaking and funeral services.
h.
Apartments over retail and live-work dwelling units.
i.
Cannabis establishments, including cannabis cultivator (Class 1 License),
cannabis manufacturer (Class 2 License), cannabis wholesaler (Class
3 License), cannabis retailers (Class 5 License) and cannabis delivery
services (Class 6 License).
[Added 3-15-2022 by Ord. No. 2022-2]
j.
Cannabis distributors (Class 4 License).
[Added 3-15-2022 by Ord. No. 2022-2]
[Ord. No. 8-13 § 10.0]
b.
Outside storage uses normally associated with a permitted use provided
that said storage area shall be screened from adjacent uses by a buffer
strip consisting of a dense planting at least five feet in width and
otherwise comply with the provisions of this chapter. No storage shall
be permitted in any required front yard.
[Ord. No. 8-13 § 10.0]
a.
Minimum Size of Lot. Shall contain 20,000 square feet and have street
frontage of 150 feet and on corner lots have street frontage of 100
feet on each frontage on each of the intersecting streets.
d.
Maximum Building Area. The total combined building area of all permitted
buildings shall not exceed 35% of the area of the lot.
e.
Maximum Building Height. Thirty-five feet or 2 1/2 stories.
f.
Minimum Floor Area. One thousand five hundred feet in one story buildings
and 2,500 feet in 2 1/2 stories.
[1]
Editor's Note: Former Section 26-28, BD Business Development
Zone was repealed by Ordinance No. 8-13.
[Ord. No. 8-13 § 11.0; Ord. No. 2-2015 §§ 2, 3]
This zone is designed for the following principal uses:
a.
Planned Development, which may include:
1.
Hotels and motels.
2.
Eating and drinking establishments, including full service restaurants
and cocktail lounges, but excluding drive-thru and curb service establishments.
3.
Entertainment and outdoor recreation facilities.
4.
Stores and shops for the conduct of any retail business, excluding
drive-thru establishments.
5.
Business service establishments, such as banks (with or without drive-thru),
conference services, telecommunication services, office services,
etc.
6.
Personal service establishments (e.g., a tailor, barbershop or beauty
salon).
7.
Pharmacies (with or without drive-thru).
8.
Offices for professional services (e.g., physicians, lawyers or architects);
commercial offices (e.g., realtors or travel agencies); and offices
incidental to permitted uses.
9.
Single use retail sales and gasoline filling stations.
10.
Cannabis establishments, including cannabis cultivator (Class 1 License),
cannabis manufacturer (Class 2 License), cannabis wholesaler (Class
3 License), cannabis retailers (Class 5 License) and cannabis delivery
services (Class 6 License).
[Added 3-15-2022 by Ord. No. 2022-2]
11.
Cannabis distributors (Class 4 License).
[Added 3-15-2022 by Ord. No. 2022-2]
b.
Single use retail sales and gasoline filling stations operated by
a single business entity that are not part of a Planned Development.
[Ord. No. 8-13 § 11.0]
a.
The following principal uses are permitted in a Planned Development
through issuance of a Conditional Use Permit by the Land Use Board
subject to the following Conditions:
b.
Planned Retirement/Senior Citizen/Active Adult Development, at a
maximum density of eight units per acre, consisting of one or more
of the following housing types:
1.
Townhouses (Single-family unit where each unit shares a common wall with one or two units) or Quadraplexes (four unit building where each unit shares a common wall with two other units), pursuant to the requirements of Section 26-23.
2.
Multifamily apartment building for Senior Citizen occupancy, limited
to 50 units in any one building and 3.5 stories and 50 feet in height.
[Ord. No. 8-13 § 11.0; Ord. No. 2-2015 § 4]
a.
Minimum Size of Lot. Twenty thousand square feet with at least 100-foot
frontage, except that Single Use Retail Sales & Gasoline Filling
Stations operated by a single business entity shall require a minimum
lot size of three acres, with at least 200-foot frontage.
b.
Minimum Building and Parking Setback Requirements. Seventy-five feet
from public right-or-way or zone boundary.
c.
Maximum Building Area. The total combined building area of all permitted
buildings shall not exceed 35% of the area of the tract of the Planned
Development.
d.
Maximum Building Height. Thirty-five feet, unless otherwise specified
herein. Building height may be increased to 50 feet if the building
is setback a minimum of 150 feet from right-of-way or zone boundary.
e.
Minimum Floor Area Ratio. 0.5.
[Ord. No. 8-13 § 11.0]
In that portion of the SED Zone located in the Pinelands Area,
Pinelands Development Credits shall be used for 25% of all units approved
as part of any residential development, including a Planned Retirement/Senior
Citizen/Active Adult Development in accordance with subsection 26-28.2.b.
One-quarter of a Pinelands Development Credit (i.e., one right) shall
be purchased and redeemed for every four approved residential units.
[Ord. No. 8-13 § 14.0]
The following design guidelines create standards for yards,
open space, landscaping, signage, setbacks, connectivity, and screening.
These standards are the basis for development design for commercial
development unless more restrictive requirements exist elsewhere in
this chapter.
These standards apply to all new nonresidential development,
expansions, or redevelopment, except for smaller additions or modification
to an existing use. This exception would permit any existing lot in
the commercial zone on which a building or structure is located to
have additions to the principal building and/or construction of any
accessory building or structures without a need for a variance or
design waiver from these standards and requirements. The intent is
not to overwhelm existing businesses with new regulations and standards,
but to encourage reinvestment and improvements to properties over
time. Examples of exceptions to ordinance standards include properties
where:
[Ord. No. 8-13 § 14.0]
The following standards are required unless a design exception
is granted by the Land Use Board:
a.
Off-street parking and loading areas are prohibited in the required
front yard setback area.
b.
Detention basins are prohibited in the required front yard setback
area, except that rain gardens or bioswales are permitted when incorporated
into the proposed landscape plan as approved by the Land Use Board.
c.
A grass/landscape area shall be provided along the roadway frontage
pursuant to a landscape plan approved by the Land Use Board inclusive
of shade trees, shrubs and ground cover.
d.
Lighting standards that require lighting levels not to exceed 0.1
footcandles on residential property lines.
e.
Connectivity between sites is required sufficient to facilitate convenient
movements for pedestrians and vehicles. Where feasible, cross access
drives for vehicles between adjoining sites and parking areas to reduce
turning movements onto Dover Road and Route 166 are required, subject
to site plan approval by the Land Use Board.
[1975 Code § 13-20.1]
The Marine Recreational-Residential Zone is expressly intended
to be for the purpose of utilizing the waterfront marine area as a
commercial and residential recreational center or, in lieu of such
an orientation, of a nature which may be considered as secondary or
supportive of uses which are considered to be marine recreational
type uses, either on the same lot, on adjacent lots, or within the
general vicinity of such marine recreational type uses.
[1975 Code § 13-20.2]
The following uses shall be permitted in the Marine Recreational-Residential
Zone:
a.
Marinas, but not boat yards.
b.
Hotels and motels.
c.
Movie theaters.
d.
Museums.
e.
Indoor and outdoor recreation centers.
f.
Office buildings for members of a recognized profession.
g.
Antique and curio shops.
h.
Offices of a business or public utility.
i.
Shops of artisans or craftsmen.
j.
Retail sale of goods.
k.
Personal service establishments.
l.
Restaurants with a minimum seating capacity for 100 people.
m.
Townhouse condominium developments.
n.
Any use considered to be of a marine and commercial-recreational
nature.
o.
Cannabis establishments, including cannabis cultivator (Class 1 License),
cannabis manufacturer (Class 2 License), cannabis wholesaler (Class
3 License), cannabis retailers (Class 5 License) and cannabis delivery
services (Class 6 License).
[Added 3-15-2022 by Ord. No. 2022-2]
p.
Cannabis distributors (Class 4 License).
[Added 3-15-2022 by Ord. No. 2022-2]
[1975 Code § 13-20.3]
Upon application to the Land Use Board and upon this approval,
the following conditional uses may be permitted in the MR Marine Recreational-Residential
Zone:
a.
Public Garages and Motor Vehicle Service Stations.
[1975 Code § 13-20.4]
The following accessories shall be required for any use established
in the Marine Recreational-Residential Zone:
[1975 Code § 13-20.5]
The following accessories shall be permitted in the MR Marine
Recreational-Residential Zone:
[1975 Code § 13-20.6]
The following area, yard and building requirements shall apply
to the Marine Recreational-Residential Zone:
a.
Minimum lot area: 7,500 square feet.
b.
Minimum lot width: 75 feet.
d.
Minimum lot depth: 100 feet.
e.
Minimum front setback: 35 feet.
h.
Minimum setback from the Toms River.[1]
[1]
Editor's Note: All applications for development on lands adjacent
to waterbodies in the Borough must be accompanied by a "Letter of
Interpretation (LOI)" from the New Jersey Department of Environmental
Protection (NJDEP). All plans must meet the requirements stipulated
in the LOI from the NJDEP before issuance of a zoning permit or development
permit.
i.
Maximum lot coverage by buildings: 25%.
j.
Minimum unoccupied open space: 15%.
k.
Maximum building height: 35 feet.
l.
All uses other than single-family residences located on the property
abutting the Toms River shall provide, in a manner acceptable to the
Land Use Board, for reasonable public access to and along the waterfront
and to the adjacent properties along the waterfront. All buildings
constructed shall be so located and so designed as to minimize any
obstruction to public view of the Toms River.
[1975 Code § 13-20.7]
A transition strip or suitable fence shall be placed along property
lines where such lines separate a marina or commercial recreational
activity from a residential area except where deemed to be not necessary
by the applicable Land Use Board and where the requirement for such
granting is waived by the adjoining owners in writing to the Board.
Former subsection 26-30.8, Townhouse Condominiums, was repealed
in entirety by Ord. No. 8-13.
Former subsection 26-30.9, General Controls, was repealed in
entirety by Ord. No. 8-13.
[1975 Code § 13-18A-1]
This zone is designated for and permits public structures to
be owned solely by governmental entities and to be used solely for
public purposes and the conduct and activity of the governmental agency
owning such building.
[1975 Code § 13-18A.2]
The following bulk requirements shall apply in the zone:
[Ord. No. 3-13 § 4]
When a variance or other approval for a residential use in that
portion of the M-L Zone located in the Pinelands Area is granted by
the Borough, Pinelands Development Credits shall be used for 50% of
the authorized units for parcels between 10 and 20 acres in size and
for 100% of the authorized units for parcels over 20 acres in size.
[1975 Code § 13-22.1]
It has been determined that there is a need to encourage development
in a manner that will generally serve the public health, safety, morals
and general welfare of the community and to provide for balanced residential
development that can be innovative and responsive to the growing demands
for greater variety in type, design and layout of buildings and by
the conservation and more efficient use of open space for the creation
of greater opportunities for better housing and recreation within
the community; and in and for these purposes to provide a procedure
which can relate the type, design and layout of residential development
to the particular site and area in a manner consistent with the preservation
and upgrading of property values within the established residential
areas, and to insure that the increased flexibility of substantial
regulations of land development authorized herein be subject to such
administrative standards and procedures as contained herein; planned
residential developments shall be permitted subject to the provisions
of this section.
[1975 Code § 13-22.2]
The municipal authorities designated to act under this section
shall be the Land Use Board and the Borough Council. The person designated
to receive the original plans shall be the Secretary of the Land Use
Board and a copy of the plans shall be filed with the Borough Clerk.
[1975 Code § 13-22.3]
a.
Each Planned Residential Development (hereinafter called PRD) shall
have an initial size of not less than 75 adjacent and/or contiguous
acres. Public roads shall not be deemed to divide acreage for this
purpose.
A PRD shall be deemed "primarily residential" when not more
than 5% of the area is for nonresidential use; the proposed nonresidential
uses are integrated as accessory or demonstrated as compatible to
the residential uses; and the proposed area for nonresidential uses
does not exceed 10 acres.
b.
Permitted Uses.
1.
Dwelling uses in detached, semidetached, attached groups of attached
or clustered or multi-storied structures, or any combination thereof.
2.
Any nonresidential use, to the extent such nonresidential use is
designed and intended to serve the residents of the PRD.
3.
Public and private educational and recreational facilities.
4.
If the applicant intends to request a modification of the minimum
permitted uses prior to the initial submission of his plan of development,
a separate statement outlining the reasons why such modification should
be granted should be submitted to the Borough Council.
c.
Timing of Development.
1.
In order to establish a well balanced, orderly growth in the PRD,
the timing of development among the various types of uses and subgroups
thereunder shall be regulated by the Land Use Board and Borough Council
in accordance with the time specified in schedules as may be more
particularly hereinafter set forth.
2.
If the development and plan is approved in stages, each stage of
development shall be computed prior to proceeding to the next stage,
or adequate performance guarantees shall be posted to insure completion
of improvements of each approved stage. Performance guarantees may
be released in part by resolution of the Borough Council upon certification
by the Borough Engineer that the guaranteed times are in accordance
with all Borough regulations and planning requirements.
d.
Residential Density and Associated Standards.
1.
A PRD shall be permitted in any district within the Borough.
2.
Density and/or building intensity may be increased if the character
of the development and/or amenities incorporated in the development
warrant such increases; provided that in no case shall the overall
density be increased in excess of the following requirements:
(a)
The maximum of 10 dwelling units per gross acre shall not be
exceeded in the entire PRD.
(b)
A minimum lot size for single-family detached dwelling in the
PRD shall be 14,000 square feet, and up to 30% of the required minimum
lot size may be established as a common green area but not necessarily
contiguous to the lot; the applicant shall be permitted to create
a "clustered development" as that phrase is commonly referred to in
the building industry.
(c)
A minimum of 30% of the area of the entire PRD shall remain
in common open space.
(d)
Townhouses shall not exceed a maximum height of 35 feet. Single-family
detached dwellings shall have not more than two stories.
(e)
For apartment dwellings there shall be no more than 30% apartments
with more than one bedroom and of that amount no more than 25% of
those apartments shall contain three bedrooms. All rooms other than
kitchens, bathrooms and living rooms or the equivalent, whatever its
name, shall be deemed to be bedrooms.
(f)
Not more than 20% of all units in the PRD shall be apartment
units.
3.
Common areas shall consist of no more than 75% devoted to passive
uses.
[1975 Code § 13-22.4]
a.
Plot and lot sizes, dimensions, structure heights, and locations
thereon, may be arranged in conformity to the overall density standards
herein, including but not limited to the minimum lot sizes herein
provided, and to the conditions of Comprehensive Plans therefor, the
general features and design of which shall be approved by the Land
Use Board and Borough Council. Minimum frontage requirements and percentages
of lot coverage are not specified herein although the Land Use Board
may be guided by standards set elsewhere herein for comparable conditions
and by generally accepted standards of sound planning and zoning.
b.
Except as follows, other provisions of the zoning ordinance of the
Borough governing side and rear yard sizes in residential areas shall
not apply.
c.
A minimum setback distance or front yard of 25 feet shall be provided
from the curbline of all existing State and County roads, any main
roads or thoroughfares designated upon the master plan of the Borough
or any roadways contained in the PRD.
d.
No structure shall be erected within a distance of 25 feet of any
single-family detached dwelling.
e.
Every single-family detached dwelling shall have access to a public
street, court, walkway or other area dedicated to public use or subject
to an easement for access. The boundaries or extent of the lot or
plot upon which any single-family detached dwelling is located shall
be clearly defined on the map of the PRD.
f.
All open spaces shall be protected by fully recorded convenants running
with the land conveyances or dedications.
g.
The right-of-way and pavement widths for internal ways, roads and
alleys serving multifamily dwellings, including townhouse clusters,
shall be determined from sound planning and engineering standards
in conformity to the estimated needs of the full development proposed
and the traffic to be generated thereby and shall be adequate and
sufficient in size, location and design to accommodate the maximum
traffic, parking and loading needs and the access of fire fighting
equipment and police vehicles and shall be certified thereto by a
competent expert licensed under the laws of the State of New Jersey.
In such instance, other provisions of this section shall not apply
but may serve as general guides to the Land Use Board in approving
the development plans. In any event, internal roads shall not be less
than 20 feet in width and the width for internal ways and walks shall
not be less than three feet. Service ways for public service vehicles
shall not be less than 10 feet in width.
[1975 Code § 13-22.5]
The developer shall furnish water and sewage facilities based
upon a written agreement with the South Toms River Sewerage Authority,
after a joint conference with the Borough Council. The developer shall
provide all necessary storm drainage, highway access, paved service
streets, parking facilities, and off-streetlighting, making reasonable
provisions for service to the connections with adjoining properties.
[1975 Code § 13-22.6]
a.
Every structure or group of structures and uses, including those
of an institutional, charitable or public nature, and every designed
plot area or cluster units having services, facilities or utilities
in common private usage and in common ownership or control by its
occupants or which functions as an independent corporate property
owner, or agent of management, shall be located upon and within a
lot or plot of land which shall be fully dimensioned and designated
as representing the area of responsibility and as may be established
by ownership in full or partial fee or for lease under deed covenant,
lease contract, or such other conditions of usage or occupancy legally
established and recorded therefor; and description or plan of each
lot or plot shall be filed separately or as part of a descriptive
map of a PRD with the Borough Tax Assessor. The developer shall provide
for and establish an organization for the ownership and maintenance
of any common open space and such organization shall not be dissolved
nor shall it dispose of any common open space by sale or otherwise
(except to a homeowners' association or other organization conceived
and established to own and maintain the common open spaces), without
first offering to dedicate the same to the municipality or any other
governmental agency.
b.
Extension of a PRD. Any PRD originally established under the requirements
of this section may be extended into adjoining zones by later additions
of contiguous lands in parcels or units of not less than 50 acres
each under the conditions established for development of the original
PRD, provided that it shall be subject to the same procedure for approval
and in conformity with the standards herein set forth.
[1975 Code § 13-22.7; New]
a.
Application for a PRD shall be made in duplicate on the form provided
or approved by the Borough, one copy being filed with the Secretary
of the Land Use Board and one copy with the Borough Clerk which shall
be considered an application for tentative approval. The fee for such
application shall be $1,000 plus the following:
|
One-family townhouse unit
|
$15 per unit
|
|
One-family residence
|
$15 per unit
|
|
Nonresidential unit
|
$15 per unit
|
|
Apartment unit
|
$15 per unit
|
|
Such application shall set forth the name and address of the
applicant and location of the land proposed to be developed; the nature
of the applicant's interest in the land; the density of the land use
to be allocated to various parts of the site; the location and size
of any common open space; the form or organization proposed to own
and maintain common open space; the use, approximate height, bulk
and location of buildings or other structures; the proposed provision
for disposition of storm and sanitary water; the substance of any
covenants, grants, easements or other restrictions proposed to be
imposed upon the land or buildings, including easements for public
utilities; the proposed provisions for parking, locations and widths
of proposed streets and modifications from the existing ordinances
governing streets or ways or land use being requested; the projected
schedule for development and the approximate time when final approvals
would be requested, a statement of why the public interest would be
served by the proposed development, such statement to be supported
by a detailed economic, social and physical study and any other data
required by this section. Application hereunder shall be considered
as a request to establish a PRD upon the land so described, and a
copy shall be filed with the Department of Community Affairs of the
State of New Jersey.
|
[1975 Code § 13-22.8]
a.
Within 45 days after receipt by the Land Use Board of an application for a PRD, the Land Use Board shall hold a public hearing, public notice of which shall be given in the manner prescribed by subsection 26-1.8, and such publication shall set forth the application in full. The Chairman, or in his absence, the Acting Chairman of the Land Use Board may administer oath and, upon application by any interested party or upon its own motion, compel the attendance of witnesses. All testimony by witnesses at any hearing shall be given under oath and every party of record at a hearing shall have the right to cross-examine witnesses. A transcript of the hearing shall be caused to be made by the Land Use Board, at the cost of the applicant, copies of which shall be made available, at cost, to any party to the proceedings and to the Land Use Board and Borough Council, without cost, as accepted in evidence shall be identified and duly preserved, or if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record. A report on the proposed PRD shall be prepared and filed with the Land Use Board by the professional planner for the Board, if any, not less than five days before the public hearing, and the report shall be available for public inspection during regular business hours.
b.
At the public hearing, the applicant shall present evidence as to
the following:
1.
General character and substance;
2.
Objectives and purpose to be served;
3.
Adequacy and completeness of standards;
4.
Satisfactory application of standards in specific details of design
in organization of elements and plans.;
5.
Scale, scope;
6.
Economic feasibility;
7.
Time factors and sequential development potentials;
8.
Conformity to Comprehensive Plans for the Borough's development.
To this end, factual evidence and expert opinion shall be submitted
by the developer in the form of such maps, charts, reports, models
and other tangible materials and in the form of sworn testimony by
experts, including but not limited to architects, engineers, realtors,
professional planners and economists, as will clearly describe the
full nature and extent of the proposal; and
9.
Such other matters as may be directed by the Land Use Board bearing
on the appropriate determination to be made on the application in
accordance with law.
c.
Following the public hearing, and within 60 days from the initial
hearing, the Land Use Board shall either:
d.
The recommendation for, or denial of, tentative approval shall be
by written resolution including, but not limited to, findings of fact
and conclusions setting forth in what respects the plan would or would
not be in the public interest, as well as the following:
1.
In what respects the plan is or is not consistent with the statement
of the objectives of PRD, the master plan and the provisions of N.J.S.A.
40:55D-1 et seq.;
2.
The extent to which the plan departs from zoning and subdivision
regulations otherwise applicable to the subject property, including
but not limited to density, bulk and use, and the reasons why such
departures are, or are not, deemed to be in the public interest;
3.
The purpose, location and amounts of the common open space in the
PRD, the reliability of the proposals for maintenance and conservation
of the common open space, and the adequacy or inadequacy of the amount
and purpose of the common open space as related to the proposed density
and type of developments;
4.
The manner in which the design does or does not make adequate provision
for public services, provide adequate control of vehicular traffic
and further the amenities of light and air, recreation and visual
enjoyment; and
5.
The relationship, beneficial or adverse, of the proposed PRD to the
neighborhood in which it is proposed to be established.
e.
Within 60 days after referral from the Land Use Board, the Borough
Council shall review the record before the Land Use Board, hear argument
on the record from the applicant and interested parties and either
grant or deny tentative approval. Failure to receive a completed record
within 10 days from the decision of the Land Use Board shall toll
the time period until such time as applicant delivers a complete record
to the Borough Clerk. Failure to grant tentative approval within the
time period shall be deemed approval, but the period may be extended
by agreement in writing.
[1975 Code § 13-22.9]
a.
If tentative approval is granted, with or without conditions, there
shall be set forth in the resolution of approval the reasons therefor
and the time within which an application for final approval of the
plan shall be filed or, in the case of a plan which provides for development
over a period of years, the periods of time within which applications
for final approval of each part thereof shall be filed.
b.
In the event that tentative approval is granted, the same shall be
noted on the Zoning Map maintained in the office of the Borough Clerk.
c.
In the event that a plan is given tentative approval, and thereafter,
but prior to final approval, the applicant shall elect to abandon
part or all of the plan and shall also notify the Borough Council
in writing, or in the event the applicant shall fail to file application
for final approval within the required period of time or times, as
the case may be, the tentative approval shall be deemed to be revoked
and all that portion of the area included in the plan for which final
approval has not been given shall be subject to those local ordinances
applicable there, as they may be amended, and the same shall be noted
on the Zoning Map in the office of the Borough Clerk.
[1975 Code § 13-22.10]
a.
Application for final approval shall be made to the Secretary of
the Land Use Board with a copy of the application being filed with
the Borough Clerk.
b.
An application for final approval may be for all the land included
in a plan or, to the extent set forth in the tentative approval, for
a section thereof. The application shall be made to the Borough Clerk
and within the time specified by the resolution granting tentative
approval.
c.
The application shall include such drawings, specifications, covenants,
easements, conditions and form of performance bond as were set forth
by written resolution of the municipal authorities or accepted at
the time or required by or as a result of tentative approval. A public
hearing on an application for final approval of the plan, or part
thereof, shall not be required provided the plan, or the part thereof
submitted for final approval, is in substantial compliance with the
plan therefor given tentative approval.
d.
A plan submitted for final approval shall be deemed to be in substantial
compliance with the plan previously given tentative approval provided
any modification by the applicant of the plan as tentatively approved
does not:
1.
Vary the proposed growth residential density or intensity of use
by more than 5%; or a percentage deemed appropriate by the Land Use
Board;
2.
Involve a reduction of the area set aside for common open space or
the substantial relocation of such area;
3.
Increase by more than 10% the floor area proposed for nonresidential
use;
4.
Increase by more than 10% the floor areas covered by buildings or
involve a substantial change in the height of buildings. A public
hearing shall not be held to consider modifications in the locations
and design of streets or facilities for water and for disposal of
stormwater and sanitary sewerage.
e.
A public hearing shall not be held on an application for final approval
of a plan when the plan as submitted for final approval is in substantial
compliance with the plan as tentatively approved. The burden shall
nevertheless be upon the applicant to show the Land Use Board good
cause for any variation between the plan as tentatively approved and
the plan as submitted for final approval.
[1975 Code § 13-22.11]
a.
A plan, or part thereof, which has been given final approval by the
Borough Council shall be so certified without delay by the Borough
Clerk and shall be filed of record forthwith by applicant in the Office
of the County Clerk before any development shall take place in accordance
therewith. Upon the filing of record of the plan, all other ordinances
and subdivision regulations otherwise applicable to the land included
in the plan shall cease to apply thereto. Pending completion within
five years of the PRD or of that part thereof, as the case may be,
that has been finally approved, no modification of the provisions
of said plan, or part thereof as finally approved, shall be made nor
shall it be impaired by act of the Borough except with the consent
of the landowner.
[1975 Code § 13-22.12]
As used in this section:
a.
COMMON OPEN SPACE - Shall mean a parcel of land or an area of water,
or a combination of land and water within the site designated for
a PRD, and designated and intended for the use or enjoyment of residents
or owners of the PRD. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the
benefit and enjoyment of residents and owners of the PRD.
b.
LANDOWNER - Shall mean the legal or beneficial owner or owners of
all of the land proposed to be included in a PRD. The holder of an
option or contract to purchase, or other person having an enforceable
proprietary interest in such land, shall be deemed to be a landowner
for the purposes of this act.
c.
PLAN - Shall mean the provisions for development of a PRD including
a plot of subdivision, all covenants relating to use, location and
bulk of buildings and other structures, intensity of use or density
of development, private streets, ways and parking facilities, common
open space and public facilities.
d.
THE PHRASE PROVISION OF THE PLAN, WHEN USED IN THIS SECTION - Shall
mean the written and graphic materials referred to in this definition.
e.
PLANNED RESIDENTIAL COMMUNITY OR, IN THE ALTERNATIVE PLANNED RESIDENTIAL
DEVELOPMENT - Shall mean an area of land, controlled by a landowner
to be developed as a single entity for a number of dwelling and commercial
units.
f.
DWELLING UNIT - Shall mean one or more rooms arranged for the use
of one or more individuals living together as a single housekeeping
unit with cooking, living, sanitary and sleeping facilities.
[1975 Code § 13-22.13]
All requirements of the "Municipal Planned Unit Development
Act (1967)" (N.J.S.A. 40:55-54 et seq.) are incorporated by reference
and made applicable to all applications filed pursuant hereto, and
all applicants are charged with knowledge of the Act. Any inconsistency
between this section and said Act shall be resolved in favor of this
section unless the result thereof would be invalid.
