Toms River City Zoning Code
§ 348-3.7
Certificates and permits.
[Amended 3-11-1980 by Ord. No. 1909; 2-22-1995 by Ord. No. 3084-95; 9-23-2008 by Ord. No. 4158-08; 8-26-2014 by Ord. No. 4454-14; 10-23-2018 by Ord. No. 4607-18; 2-26-2025 by Ord. No. 4815-25]
A.
Development permit.
(1)
Development permits shall hereafter be secured from the Administrative Officer prior to filing of a subdivision; or the issuance of a building permit for the construction, erection or alteration of any structure or sign or part of a structure; or upon a change in the use of a structure or land; or prior to any use of or alteration of the natural condition of a parcel of land or the construction of any improvement above or below the ground. Where no building permit is required, the development permit shall be secured prior to the issuance of a certificate of occupancy.
(2)
Prior to issuance of a development permit, the applicant shall have, where applicable, secured other required permits, including but not limited to:
(a)
Access permit from the New Jersey Department of Transportation and/or Ocean County Engineering Department.
(b)
Drainage permit from the New Jersey Department of Transportation.
(c)
Stream encroachment permit from the New Jersey Department of Environmental Protection.
(d)
Coastal Area Facility Review Act (CAFRA) permit from the New Jersey Department of Environmental Protection.
(e)
Wetlands permit from the New Jersey Department of Environmental Protection.
(f)
Riparian construction permit from the New Jersey Department of Environmental Protection.
(g)
Sewage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection.
(h)
Land disturbance permit from the Toms River Township Environmental Commission.
(i)
Tree removal permit from the Toms River Township Environmental Commission.
(j)
Floodplain permit as required by Chapter 313, Flood Damage Prevention, of the Code of the Township of Toms River.
(k)
Wetlands permit required by Chapter 497, Watercourses and Coastal Wetlands, of the Code of the Township of Toms River.
(3)
Plot plans and as-built survey.
(a)
Permit.
[1]
Any permit relating to the following land development activities shall include the submission of two copies of a plot plan prepared by either a professional engineer licensed to practice in the State of New Jersey or an architect registered to practice in the State of New Jersey:
[a]
New single- or two-family residential dwellings including but not limited to new dwellings to be constructed on lots approved by a Toms River land use board;
[b]
All additions to existing single- or two-family dwellings;
[c]
In-ground swimming pools;
[d]
Driveway expansions exceeding 200 square feet in total area;
[e]
Curb installation;
[f]
Any accessory structure with a footprint exceeding 200 square feet in total area;
[g]
Any regrading or disturbance of a lot exceeding 200 square feet in total area;
[h]
Any new paving of a lot exceeding 200 square feet in total area.
[2]
Any structure 200 square feet or less shall only require a zoning permit, which shall be supported by a sketch over an existing survey or aerial image that demonstrates proper setbacks.
[3]
No permit for the above activities shall be issued until the submitted plot plan is reviewed and approved by the Township Engineer's office. This requirement is intended to be in addition to those of N.J.A.C. 7:8 with regard to minor/major projects as defined in said regulations.
(b)
Individual plot plans should include the following information:
[1]
Bearing and distances.
[2]
North arrow; written and graphic scale.
[3]
Existing/proposed easement and dedications.
[4]
Existing/proposed building dimensions; pool dimensions.
[5]
Existing/proposed sidewalks, driveways, and retaining walls.
[6]
Building envelope graphically depicting and dimensioning zoning setback requirements and/or setbacks approved by the Board, if applicable.
[7]
Street name, right-of-way width and pavement width of the street(s) fronting the lot.
[8]
The title block on the plot plan which must include the property address, the block and lot number of the property in question and the name of the applicant.
[9]
Limits of clearing and soil disturbance.
[10]
Existing trees to be protected and remain.
[11]
Location of wetlands and/or any other environmental constraints to the property. If there are no wetlands, then a note should be added to the plan stating that no wetlands exist on the subject property.
[12]
Sufficient street elevations including center line, gutter and top of curb (if applicable); existing and proposed lot elevations to include, at a minimum, property corners, midpoints of property lines, building corners and center of lot; the finished first floor, basement and garage floor elevations of the proposed structure; top of pool and sidewalk elevations. All elevations shall be according to the NGVD (National Geodetic Vertical Datum) and the source of datum so noted. Any specific circumstances for which elevation requirements cannot be met will be subject to review by the Township Engineer and Construction Official on a case-by-case basis. Under no circumstances shall individual lots be graded in such a manner as to redirect stormwater runoff onto an adjacent and/or downstream property or disturb or change the existing drainage patterns of an adjacent lot. Drainage flow arrows shall be provided to clearly depict the directions of stormwater runoff. No grading or the creation of sump conditions shall be permitted on adjacent lot(s) unless permission has been specifically granted, in writing, by the owner of said adjacent lot(s).
[13]
Location of any storm drainage pipes within 25 feet of the property including pipe size, grade, and invert.
[14]
Lot grading which shall be designed to provide positive runoff with grades at a minimum slope of 2%.
[15]
Other items that may be required by the Township Engineer for proper construction of the site.
(c)
The Township Engineer will review the submitted documents and either disapprove or approve the submitted plot plan. The applicant will be notified if any revisions are required. (All plot plan reviews will be copied to the Construction Official.)
(d)
The Construction Official shall not issue a construction permit until the Township Engineer approves the proposed individual plot plan.
(e)
Each individual plot plan shall be drawn to a scale (not less than one inch equals 50 feet), signed and sealed by a professional, as defined in N.J.A.C. 13:40-7.3, licensed to practice in the State of New Jersey, and shall be no smaller than 8 1/2 inches by 14 inches.
(f)
Plot plans of Board-approved projects shall match approved subdivision/site plans.
(g)
If a basement is proposed, a subsurface soil investigation certified by a licensed engineer shall be submitted with the plot plan.
(h)
The applicant shall submit a foundation survey prior to an inspection of the foundation for approval and backfilling. This survey shall include the location of the foundation. If the as-built survey establishes locations or elevations different from those submitted in the plot plan, changes in the proposed grading shall be noted.
(i)
The applicant shall submit a final as-built topographical survey for new residential/commercial construction signed and sealed by a professional engineer or land surveyor prior to requesting a final certificate of occupancy (CO) inspection from the Township Engineer. An as-built survey of a swimming pool may be required at the discretion of the Township Engineer.
B.
Certificates as to approval of subdivision of land.
(1)
The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three years preceding the effective date of P.L. 1975, c. 291, may apply in writing to the Administrative Officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board, and whenever such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
(2)
The Administrative Officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said Officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
(3)
Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land," and shall certify:
(a)
Whether there exists in Toms River Township a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of P.L. 1975, c. 291.
(b)
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.
(4)
The Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to the municipality.
(5)
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to the provisions of N.J.S.A. 40:55D-55 and § 348-3.11 of this chapter.
(6)
If the Administrative Officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to N.J.S.A. 40:55D-55 and § 348-3.11 of this chapter.
(7)
Any such application addressed to the Township Clerk shall be deemed to be addressed to the proper designated officer, and the Township shall be bound thereby to the same extent as though the same was addressed to the designated official.
C.
Building permit. No building or structure shall be erected, restored, added to or structurally altered until a permit therefor has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the Building Code. No building permit shall be issued unless the applicant shall have first secured a development permit.
D.
Certificate of occupancy.
(1)
New uses.
(a)
No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official. In addition, certificates of occupancy shall not be issued for any change of ownership, change of use or new use other than one- and two-family homes until approval shall have been received from the Toms River Township Bureau of Fire Prevention.
(b)
Such certificate shall be issued upon application by the owner, prospective occupant or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Building Code and other codes and ordinances affecting construction and occupancy.
(2)
Existing uses.
(a)
At time of passage of this chapter. Upon written request from the owner, tenant, occupant or purchaser under contract, the Construction Official, after inspection, shall issue an occupancy permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms to the provisions of this chapter.
(b)
Nonconforming uses and buildings. No change or extension of use and no alterations shall be made in a nonconforming structure, use or premises without an occupancy permit having first been issued by the Construction Official stating that such change, extension or alteration is in conformity with the provisions of this chapter or that same has been permitted by action of the Zoning Board of Adjustment or Planning Board or through the issuance of a development permit in accordance with § 348-6.2C.
(3)
Change of use. Whenever there occurs a change in the use of a building, structure or land, a new certificate of occupancy shall be applied for, to ensure compliance with all applicable codes and ordinances. For the purposes of this section, "change in use" shall be broadly construed and shall, for example, include substitution of one type of retail trade use for another and of a particular industrial manufacturing use for another. A certificate of occupancy shall be obtained for each and every change and/or addition of commercial or industrial occupancy. The Construction Official may issue such certificate if the Administrative Officer determines that the requirements of this chapter are not more stringent than those of the previous occupancy and provided that the applicant has met the requirements of other applicable regulations.
(4)
Scope of certificate of occupancy. The certificate of occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.
(5)
Improvement required. No certificate of occupancy shall be issued until required improvements have been installed in accordance with the provisions of this chapter.
(6)
Development permit required. No certificate of occupancy shall be issued for the use of any building, structure or land unless a development permit shall have first been issued for the use of such building, structure or land.
E.
Certificate of nonconformance. Pursuant to N.J.S.A. 40:55D-68, any person interested in any land upon which a nonconforming use or structure exists may apply, in accordance with the following requirements, for the issuance of a certificate of nonconformance. Such application may be made to the Zoning Officer within one year of the adoption of the ordinance rendering such use nonconforming or at any time to the Board of Adjustment. The applicant shall have the burden of proof in all cases.
(1)
The certificate of nonconformance shall state in what specific respects the use, building or lot does not comply with the provisions of this chapter.
(2)
Application for a certificate of nonconformance shall be made on a printed form to be supplied by the Administrative Officer and shall contain accurate information as to use, the size and location of buildings or structures on the lot, the dimensions of all yards and open spaces and such other information as may be required to determine nonconformance.
(3)
A record of all certificates of nonconformance shall be kept on file in the office of the Administrative Officer, and copies may be furnished, on request, to any person having a proprietary or tenancy interest in the building or land affected.
F.
Land disturbance permit. Except as otherwise provided in Chapter 438, Soil Disturbance, of the Code of the Township of Toms River, a land disturbance permit shall be obtained from the Toms River Township Environmental Commission prior to subdivision or the erection of any structure or the alteration of the existing grade on any lot. No land disturbance permit shall be issued until a development permit shall have first been issued for the subdivision, building, structure or use, except that the Planning Board and Township Engineer may authorize the issuance of a land disturbance permit prior to issuance of a development permit as provided for in § 348-6.9F or 348-6.10F of this chapter.