Borough of Oceanport, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Cadet Corps — See Ch. 14.
Fire Department — See Ch. 50.
103a App A LOSAP Point System
[Adopted 4-7-1994 by Ord. No. 645 (Ch. 35A, Art. IV, of the 1970 Code)]

§ 103-1 Definitions.

[Amended 10-16-2008 by Ord. No. 852; 2-5-2015 by Ord. No. 941]
The following definitions shall apply to the provisions of this chapter:
ACTIVE MEMBER
Individuals serving in the Borough of Oceanport in any volunteer organization who meet the definition of either "active member" or "active life member" as established by the bylaws of the voluntary organization as are in effect on the effective date of this article. Probationary members are specifically excluded from this definition.
FAMILY
An active member or military, his or her spouse and all natural or adopted children under 21 years of age who are unmarried and permanently occupying the same residence in the Borough of Oceanport as the active member or military.
FEES
Those charges established by the governing body of the Borough of Oceanport which are fully retained by the Borough of Oceanport as revenue. Specifically excluded is any portion of the fee which is collected by the Borough on behalf of another entity, including but not limited to the State of New Jersey, the County of Monmouth or an outside vendor.
MILITARY
Individuals who are active duty or retired from all branches of the United States Military.
VOLUNTEER ORGANIZATION
The Fire Department and First Aid Squad of the Borough of Oceanport.

§ 103-2 Incentives.

[Amended 12-16-1999 by Ord. No. 727; 10-16-2008 by Ord. No. 852]
All active members or military of a volunteer organization and their families shall be entitled to the following benefits:
A. 
Exemption from fees for recreational programs, with the exception of enrollment fees for the Summer Action Camp program.
B. 
Exemption from the municipal portion of the Uniform Construction Code fees for the issuance of a building permit required in connection with either the construction of an addition or completion of repairs to an existing single-family dwelling.
C. 
Partial exemption from the municipal portion of the Uniform Construction Code fees not to exceed a maximum of $500 for issuance of a building permit required in connection with the construction of a new single-family dwelling to be occupied by the active member or military.
D. 
Exemption from rental fees for indoor facilities, provided that such rental is for the actual use of the active member or military or the member's family.
E. 
Exemption from miscellaneous fees, licenses and permits, including but not limited to cat licenses, marriage licenses, certificate of continued occupancy for any dwelling personally occupied by the active member or military and Planning Board fees required in connection with applications for either use or bulk variances.

§ 103-3 Administration.

[Amended 10-16-2008 by Ord. No. 852]
A. 
On or about January 1 of each calendar year a volunteer organization shall submit to the Borough Clerk a list of all individuals who meet the definition for active member or miltary status. Such list shall be updated on a periodic basis by the volunteer organization to add those individuals who have completed their probationary status or to delete individuals who have been dropped from their membership or who no longer meet the criteria for active member or military status.
B. 
On a form provided by the Borough Clerk, each active member or military shall provide information related to family status to assist the various municipal officials in the administration of this article in order to be eligible for the benefits provided in this article.
C. 
All active members or military and their family must comply with all registration procedures and complete all application forms established by the Borough of Oceanport.

§ 103-4 Exclusions.

No exemption shall be allowed for the following fees:
A. 
Fees, licenses and permits associated with any for-profit activity.
B. 
Inclusion in programs when the registration is received after maximum registration has been reached.
C. 
Fees and escrows required by the Planning Board in connection with any site plan or subdivision application.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Escrows associated with engineering inspections.
E. 
Dog license fees.
F. 
Posting of performance guaranties where required or permitted by law.
[Adopted 10-21-2004 by Ord. No. 780 (Ch. 10 of the 1970 Code)]

§ 103-5 Program created.

A length of service awards program (LOSAP) is hereby created in the Borough of Oceanport in accordance with Chapter 388 of the Laws of 1997 of the State of New Jersey (N.J.S.A. 40A:14-183 et seq.) and N.J.A.C. 5:30-14.1 et seq. to reward the members of the Oceanport Volunteer Fire Department, the Oceanport Volunteer Fire Police, and the Oceanport Volunteer First Aid Squad for their loyal, diligent and devoted service to the residents of the Borough of Oceanport.

§ 103-6 Definitions.

The definitions as provided in N.J.A.C. 5:30-14.1 are hereby included in the within article, as is cited in full or as contemplated by the following:
ACTIVE EMERGENCY SERVICE
Participation in the affairs of the Fire Department, First Aid Squad or Fire Police, in accordance with the bylaws established by the Fire Department, First Aid Squad or Fire Police and applied on a consistent and uniform basis, and in accordance with the eligibility system as identified in Appendix A[1] to the within article.
EMERGENCY SERVICE ORGANIZATION
The Oceanport Volunteer Fire Department ("Fire Department"), a duly incorporated fire department, the Oceanport Volunteer First Aid Squad ("First Aid Squad"), a duly incorporated first aid squad, and the Oceanport Volunteer Fire Police ("Fire Police"), a duly incorporated fire police division.
LOCAL PLAN ADMINISTRATOR
The Borough Clerk of the Borough of Oceanport.
[1]
Editor's Note: Appendix A is included at the end of this chapter.

§ 103-7 Defined contribution program.

The Borough's LOSAP shall provide for the finding of a fixed annual contribution by the Borough of Oceanport to a deferred-income account for each active volunteer member who meets the criteria set forth in this article. Such contributions shall be made in accordance with the requirements of Chapter 388 of the Laws of 1997 of the State of New Jersey (N.J.S.A. 40A:14-183 et seq.) and N.J.A.C. 5:30-14.1 et seq. The plan shall be administered in accordance with the Laws of the State of New Jersey, the United States Internal Revenue Code, the within article, and other prevailing regulations, as may be amended from time to time. The following provisions shall apply to this plan:
A. 
Annual contributions. The annual contributions to be made by the Borough of Oceanport for each active volunteer member shall be $1,150 per year of active emergency service commencing with the year 2005. There shall be no contributions for prior years of service. Additionally, under no circumstances shall the total amount provided to any active volunteer member exceed the sum of $1,150 per year, as provided by prevailing law.
B. 
Appropriations. Appropriations for the purpose of funding the Borough's LOSAP plan shall be included as a separate line item in the Borough's budget, commencing in the year 2005.
C. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C, Period increases, was repealed 3-3-2011 by Ord. No. 892.
D. 
Estimated costs. The estimated cost of the LOSAP to the Borough of Oceanport has been calculated to be approximately $69,000 per year.
E. 
Criteria for eligibility.
(1) 
An active volunteer member shall be eligible to participate in the LOSAP plan immediately upon commencement of the member's performance of active emergency services in the Fire Department or First Aid Squad.
(2) 
Annual contributions to the deferred-income account for each member shall only be made by the Borough, however, for those active members who have earned the minimum number of points for performing certain volunteer services, pursuant to the requirements set forth in Appendix A (attached hereto)[2] for a twelve-month period.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(3) 
A volunteer who is an active volunteer member of more than one of the emergency service organizations defined herein cannot receive more than the maximum annual benefit amount, in accordance with N.J.A.C. 5:30-14.15.
(4) 
In computing credit for those active volunteer members who also serve as paid employees within a local governmental unit, credit shall not be given for activities performed during the individual's regularly assigned work.
F. 
Determination as to eligibility. The Fire Department, First Aid Squad and Fire Police shall provide the local plan administrator with a certified list as to active volunteer members who are initially eligible to participate in the LOSAP as of January 1, 2005. Annually, in January of subsequent years, the Fire Department, First Aid Squad and Fire Police shall provide to the local plan administrator a certified list as to active volunteer members who are eligible to participate in the LOSAP for that year, having complied with the approved point plan in Appendix A[3] in the prior year. The local plan administrator shall forward said certified list to the Borough Council of the Borough of Oceanport for approval, in accordance with the provisions of N.J.A.C. 5:30-14.10. Within 30 days of receipt of the certified lists from the Fire Department, the First Aid Squad and the Fire Police, and any requested clarifications thereto, the Oceanport Borough Council shall, if appropriate, approve the certified lists as being accurate and shall return the approved certified list to the Fire Department, the First Aid Squad and the Fire Police for posting. Said approved lists shall be posted for a thirty-day period for membership review. Appeals from the decisions of the Borough Council shall be governed by N.J.A.C. 5:30-14.11. The decision of the Borough Council as to such active members' eligibility shall be binding upon the plan administrator, participants, beneficiaries and any and all other persons having an interest thereunder, subject to appropriate judicial review.
[3]
Editor's Note: Appendix A is included at the end of this chapter.
G. 
Terms of participation. The plan administrator shall have the right to require any active volunteer member at the time of his or her becoming a participant to agree, in writing, to be bound by the terms, covenants and conditions of the LOSAP and accompanying trust. Each participant shall promptly furnish to the plan administrator all pertinent information required for the administration of the LOSAP. The plan administrator shall rely upon all such information furnished.
H. 
Vesting. The active volunteer members shall not be permitted to receive a distribution of funds in his or her LOSAP account until the completion of a five-year vesting period.
I. 
Termination of service.
(1) 
Any participant who terminates services as an active volunteer member shall cease to participate hereunder, and no contribution shall be made on his/her behalf. A former participant may resume participation immediately upon returning to the service of the Fire Department, the First Aid Squad or the Fire Police as an active volunteer member.
(2) 
Any active volunteer member who was not fully vested and terminates service with the Fire Department, the First Aid Squad or the Fire Police, and who subsequently returns to service and again becomes a participant, shall be treated as a new participant for purposes of eligibility.
(3) 
Any active volunteer who is fully vested and terminates service with the Fire Department, the First Aid Squad or the Fire Police and subsequently returns to service and again becomes a participant shall receive credit for his/her former years of eligible service and shall resume participation in the same manner as prior to his/her termination.
(4) 
Should a volunteer fail to vest or otherwise terminate his/her association with the Fire Department, the First Aid Squad or the Fire Police prior to the completion of the vesting period, the funds placed in the LOSAP account on behalf of said volunteer shall revert to the Borough of Oceanport (and not to the volunteer).

§ 103-8 Voter approval required. [1]

This article shall not take effect unless, as required by law, it is approved by the voters of the Borough of Oceanport as a public question at the next general election.[2]
[1]
Editor's Note: This article was approved by voters at the general election held 11-2-2004.
[2]
Editor's Note: Original § 10-5, Referendum question, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 103-9 Copies of regulations available to public.

A copy of the article and the Emergency Service Volunteer Length of Service Awards Act (N.J.S.A. 40A:14-183 et seq.) shall be made available to the public at the Oceanport Branch of the Monmouth County Public Library and shall be kept on file in the Borough Clerk's Office located at 222 Monmouth Boulevard, Oceanport, New Jersey.