[HISTORY: Adopted by the Mayor and Council
of the Borough of Oceanport as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-7-1994 by Ord. No. 645 (Ch.
35A, Art. IV, of the 1970 Code)]
[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:
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.
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.
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.
Individuals who are active duty or retired from all branches
of the United States Military.
The Fire Department and First Aid Squad of the Borough of
Oceanport.
[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.
[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.
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.
D.
Escrows associated with engineering inspections.
E.
Dog license fees.
F.
Posting of performance guaranties where required or
permitted by law.
G.
Special service charges for records requests/Open Public Records
Act requests.
[Added 2-20-2020 by Ord.
No. 1015]
[Adopted 10-21-2004 by Ord. No. 780 (Ch.
10 of the 1970 Code)]
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.
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:
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.
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.
The Borough Clerk of the Borough of Oceanport.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
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.
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).
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]
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.
