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Toms River, NJ Landscaping Rules: Rainwater Harvesting (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Threshold
Nonresidential redevelopment site plans disturbing under 1 acre
Qualifying BMP
Roof drainage to dry wells, rain barrels or planting beds
Approval needed
Determination by the Township Engineer required
Maintenance
Written plan, annual review, log kept for inspection
Penalty
$2,000 fine per violation
Adopted/amended
Ord. No. 4060-06, last amended 5-11-2021

Summary

Toms River Township lets small nonresidential redevelopment projects skip full major-development stormwater review by routing roof runoff to dry wells, rain barrels or planting beds instead. The option applies only to site plans disturbing less than one acre in a designated urban redevelopment area, and only after the Township Engineer determines the project qualifies under Code § 348-8.28.1.

Site plans for nonresidential development in an urban redevelopment area, as defined in this section, involving a disturbance of less than one acre, subject to a determination by the Township Engineer pursuant to Subsection D(5)(a) of this section. For purposes of this section, the incorporation of the following will meet this requirement: [a] Incorporation of roof drainage directly to dry wells, rain barrels or planting beds; [b] Intercept runoff from driveways draining onto public roads or rights-of-way and direct into landscape strips, bioswales or rain gardens. [c] Direct runoff from parking lots into landscape strips, bioswales or rain gardens. K. Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the following penalties: A fine of $2,000 per violation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4954830; v33 updated 2026-04-22; through 04-22-2026).

Full Breakdown

Section 348-8.28.1, adopted in 2006 and last amended in 2021, sets the township's stormwater management control standard for 'major development' under the Municipal Land Use Law. Subsection A declares that green infrastructure best management practices (GI BMPs) and low-impact development should be used to maintain natural hydrology, reduce runoff volume, cut erosion, and encourage infiltration and groundwater recharge. Most nonresidential and residential major development must go through the full design and performance review in the section's later subsections.

Subsection A(3)(a)[3] carves out a narrower path for site plans for nonresidential development in an urban redevelopment area that disturb less than one acre. Those projects are treated as meeting the stormwater standard, subject to a determination by the Township Engineer under Subsection D(5)(a), if they incorporate one of three specific measures: routing roof drainage directly to dry wells, rain barrels or planting beds; intercepting driveway runoff into landscape strips, bioswales or rain gardens; or directing parking-lot runoff into landscape strips, bioswales or rain gardens.

Using rain barrels or dry wells under this clause does not end a property's obligations: Subsection J(1) folds any project reviewed under Subsection A(3) into the general maintenance rules of Subsection J(2) and (3), which require a written maintenance plan, an annual effectiveness evaluation, and a maintenance log kept available for inspection by any public entity with authority over the site.

Subsection K sets a flat penalty for violating any part of the section: $2,000 per violation for erecting, constructing, altering, repairing, converting, maintaining, or using a building, structure, or land in violation. Subsection M ties the section's effective date to final Township Council passage, mayoral approval, and 20 days after publication.

Violations & Fines

Violating any part of § 348-8.28.1, including failing to route roof drainage to an approved dry well, rain barrel or planting bed after the Township Engineer's determination, or failing to maintain the required stormwater facility, carries a flat fine of $2,000 per violation under Subsection K. Subsection J(2)(i) also lets the township perform overdue maintenance itself after 14 days' written notice and bill the responsible party, with nonpayment becoming a lien on the property.

Frequently Asked Questions

Does every Toms River property need a rain barrel or dry well?
No. The rain barrel/dry well/planting bed option in § 348-8.28.1.A(3)(a)[3] only applies to site plans for nonresidential redevelopment that disturb less than one acre in a designated urban redevelopment area, and only once the Township Engineer determines the project qualifies. It is not a general residential landscaping requirement.
What counts as a qualifying stormwater measure under this section?
The code accepts three specific measures: routing roof drainage directly to dry wells, rain barrels or planting beds; intercepting driveway runoff into landscape strips, bioswales or rain gardens; or directing parking lot runoff into landscape strips, bioswales or rain gardens. Meeting one of these substitutes for full major-development stormwater review.
What happens if the rain barrel or dry well isn't maintained?
Subsection J(1) folds these small redevelopment projects into the general maintenance rules, requiring a written maintenance plan and annual review. If the facility becomes a hazard or falls into disrepair, the township gives 14 days' written notice; if the responsible party doesn't fix it, the township can do the work and bill the cost, with nonpayment becoming a property lien.
What's the penalty for violating the stormwater section?
Subsection K sets a flat fine of $2,000 per violation for erecting, constructing, altering, repairing, converting, maintaining, or using a building, structure, or land in violation of § 348-8.28.1, covering both the roof-drainage requirement and the broader major-development stormwater standards.

Sources & Official References

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