ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 348 (LAND USE AND DEVELOPMENT REGULATIONS) OF THE "CODE OF THE TOWNSHIP OF TOMS RIVER, NEW JERSEY" (REZONING A TEN THOUSAND FOOT PARCEL OF LAND OF BLOCK 724.29, LOTS 14 AND 15)
WHEREAS, Block 724.29, Lots 14 & 15 are each 5,000 square foot parcels formerly zoned Highway Business; and whereas these parcels are commonly known as 772 and 770 Francis Drive, respectively, each containing a residential unit; and whereas the master Plan was adopted by resolution of the Township of Dover Planning Board, now known as the Township of Toms River Planning Board, on October 25, 2006; and whereas, on page 36 of the master Plan is the following language: "On the easterly side of Fischer Boulevard, the HB zone includes about seven residential lots that are oriented only to Francis Drive and have no direct access to Fischer Boulevard. These lots should be zoned residential in order to maintain compatibility with the residentially developed lands along Francis Boulevard (sic)"; and whereas, Block 724.29, Lots 14 & 15 are lots contained in the recommendations of page 36 of the master Plan to be residential; and whereas, the zone changes recommended by the master Plan are shown on the current zoning map adopted on February 12, 2003, ordinance Number 4126-08, and whereas, by technical error Block 724.29, Lot 14 was not included in the zone change although the remaining parcels on Francis Drive were rezoned to R-75; and
WHEREAS, Block 724.29, Lot 15 is inaccurately shown in the tax records of the Township of Toms River as part of the HB zone in spite of the adopted zoning map showing it to be in the R-75 zone; and whereas, the Planning Board of the Township of Toms River has recommended that Block 724.29, Lots 14 through 20 be rezoned
From Highway Business to R-75 to provide a more appropriate configuration for the development of these parcels; and whereas, enhanced notification pursuant to the municipal Land Use Law, N.J.S.A. 40:55D-62.1 is not required, as the proposed zoning change was the result of a periodic general examination of the master Plan by the Township Planning Board pursuant to N.J.S.A. 40: 55D-89; and whereas, the Township council is in agreement that Block 724.29, Lots 14 & 15 be located in the R-75 zone;
NOW, THEREFORE, BE IT ORDAINED by the Township council of the Township of Toms River, in the county of ocean, and state of New Jersey, as follows:
1. That Block 724.29, Lot 14 as set forth on the official Tax Map of the Township of Toms River, Sheet Number 90.02 be rezoned from Highway Business to R-75.
2. That Block 724.29, Lot 15, also shown on sheet Number 90.02, is found to lie in the R-75 zone.
3. All ordinances and parts of ordinances inconsistent herewith are hereby repealed.
4. This ordinance shall take effect upon final adoption and publication pursuant to law.
5. A copy of this proposed ordinance together with a notice of hearing shall be immediately served by the office of the Township clerk by certified mail return receipts requested upon the ocean county Planning Board and the municipal clerks of the following municipalities:
a) Beachwood
b) Berkeley Township
c) Brick Township
d) Island Heights
e) Jackson Township
f) Lakewood
g) Lavallette
h) Manchester Township
i) ocean Gate
j) pine Beach
k) seaside Heights
l) South Toms River
6. Enhanced notification pursuant to the municipal Land use Law N.J.S.A. 40:55D-62.1 is not required as the proposed zoning change was the result of a periodic general examination of the master Plan by the Township Planning Board pursuant to N.J.S.A. 40: 55D-89.
7. A copy of this proposed ordinance together with a notice of hearing shall be provided to the residents at Block 724.29, Lots 14 and 15.
**Webmasters Note: The previous Ordinance amends the zoning map which can be viewed at the zoning map link of the town page.