Last Updated 08/25/2026
Stormwater Code: Excerpts from Toms River, New Jersey, Code of Ordinances and Land Development Ordinance
Chapter 348 Land Use and Development Regulations
Property Maintenance
- Maintenance of all land uses within the Township shall include but is not limited to the following:
- 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.
- 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.
- Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians or are unsightly.
- 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.
- 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.
- 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.
- Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
- 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.
- All outdoor lighting shall be maintained in a working condition.
- 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:
- 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.
- 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.
- Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall be a violation of this chapter subject to the penalties prescribed in § 348-3.11 of this chapter.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department’s determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
Design and performance standards for stormwater management measures
Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:
- The minimum standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.
- The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.
The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.
Stormwater management requirements for major development
- The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J
- Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department’s Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergi (bog turtle).
- The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18):
- The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;
- The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and
- The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.
- A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17) and (18) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
- The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
- The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection D(15), (16), (17) and (18) to the maximum extent practicable;
- The applicant demonstrates that, in order to meet the requirements of Subsection D(15), (16), (17) and (18), existing structures currently in use, such as homes and buildings, would need to be condemned; and
- The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17) and (18) that were not achievable on-site.
- Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), (16), (17) and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department’s website at https://njstormwater.org/bmp_manual2.htm.
Safety standards for stormwater management basins
- This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.
- The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b) and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
- Requirements for trash racks, overflow grates and escape provisions.
- A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:
- The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;
- The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;
- The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and
- The trash rack shall be constructed of rigid, durable, and corrosion-resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.
- An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
- The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
- The overflow grate spacing shall be no less than two inches across the smallest dimension.
- The overflow grate shall be constructed and installed to be rigid, durable, and corrosion-resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
- Stormwater management BMPs shall include escape provisions as follows:
- If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a freestanding outlet structure may be exempted from this requirement;
- Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and
- In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
- Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.
- A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:
Maintenance and repair
General maintenance.
- The Design Engineer shall prepare a maintenance plan for the Stormwater Management Measures incorporated into the design of a Major Development.
- The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of Sediment, debris, or trash removal; and the name, address, and telephone number of the Person or Persons responsible for preventative and corrective maintenance (including replacement). Maintenance guidelines for Stormwater Management Measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a Person other than the developer (for example, a public agency or homeowners’ association) as having the responsibility for maintenance, the plan shall include documentation of such Person’s agreement to assume this responsibility, or of the developer’s obligation to dedicate a Stormwater management facility to such Person under an applicable ordinance or regulation.
- The maintenance plan shall specifically provide a municipal right of access, which may include Stormwater easements or covenants. The maintenance access shall be provided by the property owner(s) for access regarding facility inspections and maintenance, as required. Easements and covenants shall be recorded prior to issuance of any permit or approval.
- Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential Development or project, unless such owner or tenant owns or leases the entire residential Development or project.
- If the Person responsible for maintenance identified under Subsection 15.B.2 above is not a public agency, the maintenance plan and any future revisions shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
- Preventative and corrective maintenance shall be performed to maintain the function of the Stormwater Management Measure, including repairs to or replacement of the structure; removal of Sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.
The Person responsible for maintenance identified under Subsection 15.B.2 above shall perform all the following requirements:
- Maintain a detailed log of all preventative and corrective maintenance for the structural Stormwater Management Measures incorporated into the design of the Development, including a record of all inspections and copies of all maintenance-related work orders;
- Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and
- Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the Site, the maintenance plan and the required documentation.
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Frequently Asked Questions
What are my ongoing maintenance obligations for a stormwater facility in Toms River?
Property owners in Toms River are responsible for maintaining all on-site stormwater control facilities and open spaces in accordance with their approved stormwater management plan. This obligation continues well after construction ends and is meant to keep the facility functioning as originally designed. AQUALIS manages this ongoing maintenance responsibility for Toms River property owners, so the system keeps performing to the township’s standards.
Do I need a maintenance plan for my stormwater facility in Toms River, and how often does it need to be reviewed?
Yes. Developers in Toms River must prepare a maintenance plan identifying the responsible party, preventative tasks, cost estimates, and contact information, and that responsible party must maintain detailed logs and evaluate the facility’s effectiveness on an annual basis. AQUALIS prepares these maintenance plans and conducts the required annual evaluations for Toms River property owners, keeping documentation current year over year.
What happens if the Township of Toms River finds my stormwater facility out of compliance?
Toms River Township has the authority to inspect properties and issue a Notice of Violation for deficiencies found on-site. If maintenance is neglected and not addressed within 14 days of notice, the municipality can perform the necessary repairs itself and bill the responsible party for the cost. AQUALIS helps Toms River property owners respond to a Notice of Violation quickly, completing repairs before the township needs to step in.
Where can I find a single resource for managing my stormwater compliance needs in Toms River?
Between structural design standards, detailed maintenance plans, annual evaluations, and a township enforcement program that can end in municipal repairs and billing, staying compliant in Toms River involves several moving pieces that can be difficult to track on your own. AQUALIS offers Toms River property owners a single point of contact for stormwater management, covering maintenance plan development, annual evaluations, inspections, and Notice of Violation response, so property owners can meet the township’s requirements without managing every detail themselves.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
