Toms River City Zoning Code
§ 348-5.32
Property maintenance. 1
It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition all buildings and land in the Township of Toms River which he owns, uses, occupies or has maintenance responsibility for. In addition to the regulations set forth in Chapter 210, Building Maintenance, and Chapter 399, Property Maintenance, of the Code of the Township of Toms River, land uses within the Township of Toms River shall also be maintained in accordance with the following regulations:
A.
Maintenance of all land uses within the Township shall include but is not limited to the following:
(1)
Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of 30 days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
(2)
Paint striping, traffic control signs and markings and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
(3)
Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians or are unsightly.
(4)
Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
(5)
All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping carts or similar items shall be either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours. Shopping carts shall be marked with the name of the establishment, the title and telephone number of the person responsible for maintenance of the shopping carts and a notice that they are not to be removed from the property on which the business is located. If shopping carts are removed from the property and abandoned, they shall be picked up by the business to which the cart belongs within 24 hours of notice from the Township. Failure to pick up such shopping carts within 24 hours of notice shall be a violation of this chapter, subject to the penalties prescribed herein.
(6)
All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced. If such plantings are required under this article, they shall be replaced only. All lawn or other nonpaved areas shall be kept trimmed and free from weeds and other noxious growth.
(7)
Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
(8)
All refuse stored outdoors shall be kept within containers having lids, in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within side or rear yard areas and shall not be so located as to interfere with vehicular or pedestrian circulation.
(9)
All outdoor lighting shall be maintained in a working condition.
B.
All land uses for which future development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision in a safe and orderly condition. In addition to the maintenance responsibilities specified in Subsection A above, additional maintenance responsibilities shall include but are not limited to the following:
(1)
All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first 30 days of the next planting season.
(2)
Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such area. Refuse containers located elsewhere on the site shall not be permitted.