South Toms River City Zoning Code

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.

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:

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.

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.

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.