Toms River City Zoning Code
§ 348-6.2
Application for development permit; when required.
A.
Application shall first be made to the Administrative Officer for issuance of a development permit by any person wishing to undertake any of the following:
(1)
Subdivision of land.
(2)
Construct a new building or structure.
(3)
Add to or structurally alter any existing building.
(4)
Change the use on any land or within any building or structure.
(5)
Any expansion of the total number of employees, number of employees in any shift or the number of vehicles to be stored or parked on the site exceeding 15% of the amount existing at the time of passage of this chapter or as set forth at the time of a previous site plan approval.
(6)
Construct, add to or alter any parking area, signs, lighting, drainage facility or any other site improvement above and/or below ground level.
(7)
Alter the existing condition of any parcel of land.
(8)
Erect a tent pursuant to the provisions of this chapter.
[Added 4-11-1990 by Ord. No. 2729-90]
(9)
Change in lot size in conjunction with or subsequent to any condemnation or taking proceeding.
[Added 5-13-1992 by Ord. No. 2911-92]
(10)
The bulk storage of materials, equipment or goods on any parcel of land.
[Added 9-24-1996 by Ord. No. 3196-96]
B.
If the Administrative Officer shall determine that the proposed undertaking is an exempt development which conforms in all aspects to the requirements of this chapter and does not require direction for issuance of a building permit pursuant to Section 25 or Section 27 of P.L. 1975, c. 291[1] (Municipal Land Use Law), he shall issue a development permit, and the applicant may then apply for a building permit and/or other permits that may be required.
[1]
Editor's Note: See N.J. S.A. 40:55D-34 and 40:55D-36.
C.
If the Administrative Officer shall determine that the proposed undertaking is an exempt development but does not conform in all aspects to the requirements of this chapter and/or requires direction for issuance of a building permit pursuant to § 25 or 27 of P.L. 1975, c. 291,[2] he shall instruct the applicant that Board of Adjustment approval of an application for development for variance and/or direction for issuance of a building permit is required before a development permit may be issued allowing the applicant to apply for a building permit and/or other permits that may be required. In the case of one- or two-family residential uses, if the proposed development or improvement is conforming to the requirements of this chapter but existing improvements, such as accessory buildings or structures, pools, decks, porches or fences, do not conform but have either been authorized by a prior permit or have been determined by the Zoning Officer to be present on the property for 10 years or more, a development permit may be issued allowing the applicant to apply for a building permit and/or other permits that may be required. Any replacement of a preexisting nonconforming building, structure or improvement shall conform with the requirements of this chapter.
[Amended 10-23-2018 by Ord. No. 4607-18]
[2]
Editor's Note: See N.J.S.A. 40:55D-34 and 40:55D-36.
D.
If the Administrative Officer shall determine that the proposed undertaking is not an exempt development, he shall instruct the applicant that Planning Board or Board of Adjustment approval of an application for development is required. He shall further advise the applicant which Board has jurisdiction over the application for development and which of the following approvals are required:
E.
All developments resulting from subdivision or site plan approvals shall comply with all the design and performance standards, including conditions imposed by the approving authority as shown on the approved plat and/or included in the resolution adopted by the approving authority. Violation of any standard or condition imposed by the approving authority is subject to the enforcement provisions of § 348-3.11.
[Amended 12-26-2017 by Ord. No. 4569-17]