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Toms River City Zoning Code

§ 348-5.46

Location of trailers restricted.

[Added 11-25-2014 by Ord. No. 4467-14]
No trailers shall be allowed to exist at any location within the Township of Toms River, except as set forth herein.
A. 
Exemptions from prohibition. Trailers exempted from this section are as follows:
(1) 
Trailers located inside mobile home parks or trailer camps which are conducted, maintained and licensed in full and complete compliance with the Code of the Township of Toms River.
(2) 
Trailers which are in the process of being loaded or unloaded and which are registered with the New Jersey Division of Motor Vehicles or the equivalent agency of any other state and which are capable of traveling over a road or highway.
(3) 
Recreational vehicles subject to § 348-5.23 of this chapter.
(4) 
Trailers offered for sale or rent or awaiting servicing, which are located on premises owned or leased by a person in the business of trailer sales, rental or servicing.
B. 
Permitted temporary uses. A trailer shall be permitted to be used temporarily in the following circumstances:
(1) 
A construction trailer as defined herein (§ 348-2.3) may be allowed upon a site where there has been an accelerated approval granted under § 348-7.2.1; or there is active construction of a nonresidential building, pursuant to a valid zoning permit. Such trailer shall be used only in connection with such construction and shall not remain upon the premises for longer than two weeks past the completion of said construction. In no event will any trailer used in connection with nonresidential development remain on said premises for more than two years from the date of issuance of a construction permit or zoning permit, or past the date of issuance of a certificate of occupancy, whichever shall occur first.
[Amended 9-24-2019 by Ord. No. 4646-19]
(2) 
A trailer, container or modular unit utilized for storage of merchandise shall be permitted to be used for a period of no longer than 30 days in connection with a commercial sale provided the goods within the trailer, container or modular unit are the merchandise of a business located within a building on the subject property. This provision, however, shall not be used by a single commercial enterprise more frequently than two times per calendar year, and there shall be a minimum of 60 days between such sales events. There shall be a maximum of one trailer per premises at any one time, regardless, of how many commercial enterprises are located on the premises. For these commercial sales events, the Township Planner or Township Zoning Officer shall review the application for a trailer permit to make certain that the temporary location of a trailer and its related sales activities will not adversely affect the approved site plan.
(a) 
No temporary merchandise trailer shall be located within any designated fire lane, vehicular circulation aisle or parking space.
(b) 
A temporary merchandise trailer shall not be located closer than the required front parking setback line or 25 feet from any street right-of-way, whichever is greater, and shall not be located within 15 feet from any side or rear property line.
(3) 
A trailer utilized for storage may be allowed upon a site where there is active construction of a residential development, provided that prior subdivision or site plan approval has been obtained and that such trailer shall be used only in connection with such development and shall not remain upon the premises for longer than two weeks past the completion of the last residential unit. In no event will any trailer, used in connection with a residential development, remain on said premises for more than two years from the date of construction of the first residential unit, or past the issuance of a certificate of occupancy for the last residential unit, whichever shall occur first.
(4) 
A trailer or trailers may be allowed upon a premises as a sales and/or construction office when said trailer is part of the equipment of any person, persons, corporation or partnership that is in the business of constructing residential and nonresidential buildings, provided that the use of the trailer meets the requirements of this chapter, and that said trailer is not used for storing construction materials, and that prior subdivision or site plan approval has been obtained for the development. Where a sales trailer is proposed, site plan or subdivision approval shall identify the location of said trailer and the location and surface materials of parking areas and pedestrian ways in order to provide effective and safe access not only for the public but for emergency service vehicles as well. In no event will any trailer, used under the terms of this subsection, remain on said premises for more than two years from the date of issuance of a construction permit, or past the issuance of a certificate of occupancy for the last residential or nonresidential unit, whichever shall occur first.
(5) 
A trailer may be allowed upon a business site wherein there is an emergency, defined as the unintended loss or destruction of a building or pad thereof that would require the use of a trailer on the site for purposes of storage of goods, equipment, or materials. Where such emergency use of a storage trailer is requested, the Township Zoning Officer, upon application, shall determine whether approval is granted to use the trailer. This approval will be granted for a period of 90 days and is renewable at the discretion of the Township Zoning Officer for one additional ninety-day period. An emergency that calls for more than 180 days of trailer use involving the storage or sale of merchandise shall require application to the Township Planning Board for site plan approval prior to the expiration of the first ninety-day permit.
(6) 
A trailer for the storage of construction materials or household items may be allowed upon the premises of a one- or two-family residential dwelling. Where such trailer is related to the construction of a new one- or two-family residential dwelling, the trailer permit shall be granted for a period of 180 days and is renewable for additional ninety-day periods. Said trailer shall be removed prior to the issuance of the certificate of occupancy. Where such trailer is related to the renovation or remodeling of an existing one- or two-family residential dwelling, the trailer permit shall be granted for a period not to exceed 90 days. One additional ninety-day period is permitted.
(7) 
One portable storage container as defined herein (§ 348-2.3) may be allowed upon the premises of a one- or two-family residential dwelling. The permit for a portable storage container shall be granted for a period not to exceed 30 days and is not renewable. A motor-drawn vehicle conforming to the provisions of § 348-5.26 is exempt from this section.
(8) 
One trailer may be allowed upon the premises of a one- or two-family residential dwelling for temporary residential occupancy in the event of a total or partial destruction of the residential dwelling. Under the aforementioned circumstances, the Township Code Enforcement Officer and Zoning Officer, upon application by the affected resident, shall determine whether approval is granted to use the trailer. This approval will be granted for a period of 180 days and is renewable at the discretion of the Township Code Enforcement Officer and Zoning Officer for additional ninety-day periods.
C. 
Permits; applications; fees. Applications for the permitted use of a trailer may be obtained from the Township Zoning Officer in the form of an application for a zoning permit. The application shall be submitted to the Township Zoning Officer with a survey or site plan marked to show the location of the trailer on the site and detailing the distance of trailers from other buildings, fire hydrants, Fire Department connections and/or utilities and side and rear yard setbacks. Separate applications shall be submitted for each trailer requested to be used by the applicant. The application and permit fee shall be $50 per trailer. Fees shall be payable to the Township of Toms River,
D. 
Violations and penalties. Any person, partnership, limited-liability company, corporation or other entity who shall violate any provision of this section, shall, upon conviction thereof, be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5 and 40:69A-29, and as same shall be amended from time to time. Each and every day a violation of this section shall exist shall constitute a separate violation.