Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Toms River 5-13-2008 by Ord. No. 4136-08;[1] amended in its entirety 1-24-2017 by Ord. No. 4524-17. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Adoption of Administrative Code — See Ch. 1, Art. III.
Land use and development regulations — See Ch. 348.
[1]
Editor's Note: This ordinance also superseded former Ch. 48, Department of Law and Community Development, adopted 6-22-2004 by Ord. No. 3884-04, as amended.

§ 48-1 Establishment; head of department.

There is hereby created the Department of Engineering, Construction Services and Community Development, the head of which shall be the Director of Engineering, Construction Services and Community Development. The department head of the department shall be either the Township Engineer or the Township Planner, as appointed by the Mayor with the advice and consent of the Township Council.

§ 48-2 Qualifications and duties of Director.

A. 
Qualifications:
(1) 
Graduation from accredited college or university with a bachelor's degree.
(2) 
At least five years' experience in state, county, regional or municipal engineering or planning activities.
(3) 
Duly licensed as a professional engineer or professional planner in the State of New Jersey for at least five years.
B. 
Duties:
(1) 
He or she shall render to the Mayor and Township Council such reports, recommendations, drawings or other documents as may be required, at regular-stated intervals or on special request therefor. He or she shall hold himself or herself available for consultation and advice to all municipal officials and municipal boards or commissions and shall prepare and present to the Mayor and Township Council short- and long-range recommendations for the improvement of the Township in the areas within the functions and duties of his or her department.
(2) 
Enforce the zoning ordinances of the Township of Toms River.
(3) 
Keep a record of all applications for permits and of all permits and certificates issued with a notation of all special conditions involved.
(4) 
File and safely keep copies of all proposed development plans submitted.
(5) 
Collect and record fees for zoning permits and flood letters.
(6) 
Prepare monthly reports for the Township Council summarizing all zoning permits and flood hazard letters issued by said Department, a copy of which shall also be given to the Tax Assessor.

§ 48-3 Divisions of Department of Engineering, Construction Services and Community Development.

Within the Department of Engineering, Construction Services and Community Development, there shall be the following Divisions:
A. 
Division of Engineering.
B. 
Division of Construction Services.
C. 
(Reserved)
D. 
Division of Community Development.

§ 48-4 Division of Engineering.

A. 
There shall be a Division of Engineering, the head of which shall be the Township Engineer, who shall serve as the Division Manager in addition to his duties as the Director of the Department. The qualifications of the Township Engineer shall be the same as set forth in § 48-2 above.
B. 
Powers and duties of Township Engineer. The Township Engineer shall perform such duties as are prescribed by general law and ordinance and, in addition, shall:
(1) 
Prepare, or cause to be prepared, all plans, designs and specifications for public works and improvements undertaken by the Township;
(2) 
Provide and maintain surveys, maps, plan specifications and control records with respect to public works owned and operated by the Township;
(3) 
Provide technical and engineering advice and assistance to other Township departments and divisions;
(4) 
Recommend to the Mayor and Council the undertaking of needed capital projects with the Township;
(5) 
Assist in the formation and implementation of the Township capital budget;
(6) 
Supervise and direct all inspection services and inspection personnel of the Township excluding those services, inspection and personnel under the authority of the Township Code Official;
(7) 
Assign, with the approval of the Mayor or Business Administrator, projects to these special consulting engineers authorized by the governing body, and supervise the same;
(8) 
Direct and supervise all personnel within the division;
(9) 
Direct and supervise the Township's Community Development Block Grant Program and related activities.
(10) 
Upon termination, all papers, documents, memoranda, reports and other materials relating to the administration of engineering duties of the Engineer shall be and remain the property of the Township. Upon termination of his or her services with the Township, the Engineer shall forthwith surrender to any successor all such property.
C. 
Other positions created. In addition to the Township Engineer, the following positions, together with the qualifications therefor, if applicable, are hereby created:
(1) 
Assistant Township Engineer. To qualify for appointment to this position, a person must have graduated from an accredited college with a degree in engineering or related field: have two years' experience in state, county, regional or municipal engineering activities; and be a duly licensed professional engineer by the State of New Jersey.
(2) 
Administrative Engineer. To qualify for appointment to this position, a person must have either graduated from an accredited college with a four-year degree in engineering or related field and have at least one year experience in state, county, regional or municipal engineering activities, or a two-year Associate Engineering Degree or four years' experience in state, county, regional or municipal engineering activities.
(3) 
Draftsperson/Cad Operator.
(4) 
Surveyor/Chief Inspector. To qualify for appointment to this position, a person must have at least four years' experience in a construction-related field.
(5) 
Engineering Inspector.
(6) 
Township Land Surveyor.
(7) 
Stormwater Management Coordinator.
(8) 
Clerical support staff.
D. 
Special consulting engineers and planners. Whenever, in the opinion of the Township Engineer, special engineering or planning consulting services are necessary for a specific project or matter, the Township Engineer shall provide a recommendation in writing to the Mayor and Township Council. The contracts for special consulting engineers and planners shall be negotiated by the Mayor and presented to the Township Council for ratification by resolution. Only those special consulting engineers and planners authorized by the Mayor and Council may be employed by the Township Engineer.
E. 
Disaster Recovery Ombudsman. Following a natural or man-made disaster causing widespread damage, the Business Administrator may appoint a Disaster Recovery Ombudsman to assist the general public and Township departments during the rebuilding and recovery process. The Disaster Recovery Ombudsman will act as the general public's liaison to the various state, federal, and local governmental agencies involved in, and receive and respond to the public's inquiries regarding, the rebuilding and recovery process.
(1) 
Appointment to this position shall be on an as-needed basis by the Business Administrator, and shall be rescinded when, in the determination of the Business Administrator, the ombudsman services are no longer necessary.
(2) 
This shall be a part-time position, the hours of which shall be established by the Business Administrator, or his designee, but in no case shall exceed 19 1/2 hours per week. The appointee's work schedule shall be established by the Business Administrator, or his designee, but the appointee shall be on duty mainly outside of normal Township business hours.
(3) 
The job duties and requirements shall be established from time to time by the Business Administrator, or his designee, based on the nature of the disaster prompting the appointment, and shall be kept on file with the Division of Human Resources.
(4) 
The requisite skills and qualifications shall be established from time to time by the Business Administrator, or his designee, based on the nature of the disaster prompting the appointment.
(5) 
The person appointed to this position shall not be considered a full-time employee and shall not be entitled to any of the benefits afforded to full-time employees.
(6) 
The appointee to this position shall report to the Director of the Department of Engineering, Construction Services and Community Development.

§ 48-5 Division of Construction Services.

A. 
Establishment; duties; Construction Official. There is hereby created a Division of Construction Services, the head of which shall be the Construction Official. The Construction Official shall be responsible for:
(1) 
Undertaking enforcement proceedings for all building, housing and related codes, property maintenance, issuing and administering permits issued thereby and reviewing all site and construction plans as specified by state statute or this Code.
(2) 
Inspecting real property and improvements thereon under the applicable code provisions, supervising the demolition of condemned buildings and the abatement of nuisances and performing such further duties prescribed by state statute or this Code.
(3) 
Administering the provisions of N.J.S.A. 52:27D-119 et seq., the State Uniform Construction Act, and N.J.A.C. 5:23-1 et seq., the regulations for the State Uniform Construction Code and the various subcodes providing therein, including but not limited to building subcode, plumbing subcode and electrical subcode.
B. 
Other positions created.
(1) 
Building Subcode Official.
(2) 
Building Subcode Inspector.
(3) 
Electric Subcode Official.
(4) 
Electric Subcode Inspector.
(5) 
Plumbing Subcode Official.
(6) 
Plumbing Subcode Inspector.
(7) 
Office Manager.
(8) 
ADA Coordinator.
(9) 
Clerical support staff.

§ 48-6 (Reserved)

§ 48-7 Division of Community Development.

A. 
There is hereby created a Division of Community Development, the head of which shall be the Township Planner. The powers and duties of the Division Manager shall be as follows:
(1) 
Act as liaison to the Planning Board;
(2) 
Act as liaison to the Zoning Board of Adjustment;
(3) 
Act as liaison to the Rent Leveling Board;
(4) 
Act as liaison to the Township Environmental Commission;
(5) 
Act as liaison to any redevelopment entity;
(6) 
Act as liaison to the Township Business Improvement District;
(7) 
Supervise and advise the Township Zoning Officers;
(8) 
Supervise, direct and advise the support staff of the Township Planning Board, Zoning Board, Environmental Commission and Rent Leveling Board;
(9) 
Supervise and advise the support staff.
B. 
Other positions created. In addition to the Division Manager, the following positions, together with the qualifications therefor, if applicable, are hereby created:
(1) 
Township Planner. To qualify for appointment to this position, a person must possess a bachelor's degree in the field of municipal planning or related field discipline from an accredited college; be duly licensed as a professional planner by the State of New Jersey; and have at least three years experience in the field of state, regional, county or municipal planning. The powers and duties of the Township Planner are as follows:
(a) 
When authorized by the Director, attend meetings of the Township Planning Board, Zoning Board and Environmental Commission, and advise and counsel the members of said entities;
(b) 
Prepare and assist in the implementation of the Township Master Plan;
(c) 
Recommend and assist in the preparation of proposed amendments to the Township zoning and land development ordinances and regulations;
(d) 
Advise and assist the Township Zoning Officers;
(e) 
Advise and counsel the support staff of the Township Land Use Boards and Environmental Commission;
(f) 
Act as liaison to all state, regional and county agencies relating to municipal planning activities;
(g) 
Assist in the preparation of all proposed redevelopment plans authorized by the Township Redevelopment entity;
(h) 
Prepare and submit reports as required by the Mayor, Council or Business Administrator;
(i) 
Actively seek out and advise the Council of grants, funds and loans available for various projects and programs in the Township, including but not limited to Community Development Block Grant program administered by the Office of Housing and Urban Development;
(j) 
Act as liaison to the District Management Corporation for the Special Improvement District;
(k) 
Direct and supervise the Assistant Township Planner.
(2) 
Assistant Township Planner. To qualify for this position, a person must possess a bachelor's degree in the field of municipal planning or related discipline from an accredited college. The Assistant Township Planner shall assist the Township Planner in the discharge of all assigned duties.
(3) 
Township Zoning Officer.
(a) 
Position created. There is hereby created the position of Zoning Officer of the Township of Toms River.
(b) 
Duties. The duties of the Zoning Officer shall be as follows:
[1] 
To enforce the zoning ordinances of the Township of Toms River;
[2] 
To issue zoning permits;
[3] 
To issue flood hazard letters in writing when requested;
[4] 
To answer all inquiries with regard to zoning;
[5] 
To keep a record of all applications for permits and of all permits and certificates issued, with a notation of all special conditions involved;
[6] 
To file and safely keep copies of all plans submitted;
[7] 
To collect and record fees for zoning permits and flood letters;
[8] 
To prepare a monthly report for the Mayor and Township Council summarizing all activity of the previous months concerning the duties of the Zoning Officer.
(c) 
The Zoning Officer shall be deemed to be the administrative officer as defined in N.J.S.A. 40:55D-3, and shall also issue certifications on behalf of the Township of Toms River certifying whether or not a subdivision has been approved by the Toms River Township Planning Board, in accordance with N.J.S.A. 40:55D-56 and, in general, shall coordinate the efforts of the Planning Board of the Township of Toms River and have such other duties or responsibilities as may, from time to time, be imposed with regard to the Planning Board.
(d) 
The Zoning Officer shall conduct field inspections and special investigations to ensure compliance with various municipal ordinances, initiate and enforce rules and regulations in relation to enforcement of ordinances, initiate necessary legal action against violators of various municipal ordinances, prepare needed reports, establish and maintain the records and files and may assist in the promulgation of municipal ordinances.
(4) 
Planning Board support staff. For purposes of administration, the Planning Board Secretary and other clerical support staff of the Planning Board shall be under the auspices of the Department of Engineering, Construction Services and Community Development.
(5) 
Zoning Board of Adjustment support staff. For the purposes of administration, the Zoning Board Secretary and other clerical support staff of the Zoning Board of Adjustment shall be under the auspices of the Department of Engineering, Construction Services and Community Development.
(6) 
Rent Leveling Board support staff. For purposes of administration, the Rent Leveling Secretary and other clerical support staff of the Rent Leveling Board shall be under the auspices of the Department of Engineering, Construction Services and Community Development.
(7) 
Affordable Housing Administrator.
(a) 
Position created. There is hereby created the position of Affordable Housing Administrator of the Township of Toms River.
(b) 
Duties. The duties of the Affordable Housing Administrator shall be provided for pursuant to N.J.A.C. 5:80-26.18(d).
(8) 
Community Development Block Grant support staff. For purposes of administration, the employee assigned to administer the Township's Community Development Block Grant and related Township programs shall be under the auspices of the Department of Engineering, Construction Services and Community Development.