Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Township Council of the Township of Dover (now Toms River) 6-22-2004 by Ord. No. 3884-04. Amendments noted where applicable.]
GENERAL REFERENCES
Adoption of Administrative Code — See Ch. 1, Art. III.

§ 71-1 Establishment.

The following Boards and Commissions shall be established in accordance with this chapter:
A. 
Board of Adjustment. The Zoning Board of Adjustment is established in Chapter 348, Land Use and Development Regulations.
B. 
Environmental Commission.
(1) 
Creation. There is hereby created an Environmental Commission for the protection, development or use of the natural resources within the Township and to be known as the "Toms River Environmental Commission." Said Commission is created pursuant to N.J.S.A. 40:56A-1 to N.J.S.A. 40:56A-5.
(2) 
Membership of Environmental Commission. The Commission shall consist of seven members appointed by the Mayor, one of whom shall also be a member of the Planning Board and all of whom shall be residents of the Township of Toms River. The members shall serve without compensation. The Mayor shall annually designate one of the members to serve as Chairman and presiding officer of the Commission. The terms of office of each member shall commence on January 1 of the year of appointment and shall be for a term of three years, to expire on December 31 of the third year. A vacancy occurring otherwise than by the expiration of the term shall be filled by the appointing authority for the unexpired term only.
(3) 
Removal. The Mayor may remove any member of the Commission for cause, on written charges served upon the member and after a hearing thereon at which the member shall be entitled to be heard in person or by counsel. A vacancy on the Commission occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.
(4) 
Alternate members. In addition to the regular members, the Environmental Commission shall have two alternate members, designated as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years. A vacancy occurring otherwise than by the expiration of the term shall be filled by the appointing authority for the unexpired term only. The terms of alternate members shall commence on January 1 of the year of appointment and expire on December 31 of the second year.
(5) 
Powers and duties of Environmental Commission. The Commission is established for the protection, development or use of natural resources, including water resources, located within the territorial limits of the Township of Toms River. The Commission shall have power to conduct research into the use and possible use of the open land areas of the Township and may coordinate the activities of unofficial bodies organized for similar purposes and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which, in its judgment, it deems necessary for its purposes. It shall keep an index of all open areas, publicly or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas, and may from time to time recommend to the Planning Board plans and programs for inclusion in the Master Plan and the development and use of such areas.
(6) 
Acquisition of property by Environmental Commission. The Environmental Commission may, subject to the approval of the Township Council, acquire property, both real and personal, in the name of the Township, by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions), as may be necessary to acquire, maintain, improve, protect and limit the future use or otherwise conserve and properly utilize open spaces and other lands and water areas in the Township.
(7) 
Records and annual report of Environmental Commission. The Environmental Commission shall keep records of its meetings and activities and shall make an annual report to the Township Council.
C. 
Historic Preservation Commission
(1) 
Establishment. There is hereby created an Historic Preservation Commission for the Township of Toms River.
(2) 
Class qualifications. The Historic Preservation Commission shall consist of nine regular members and two alternate members. There shall be two members each of Class A and B, and five members of Class C. Class qualifications shall be as follows:
(a) 
Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality.
(b) 
Class B: a person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality.
(c) 
Class C: citizens of the municipality who shall hold no other municipal office, position or employment, except for membership on the Planning Board or Board of Adjustment.
(d) 
Alternate members shall meet the qualifications of Class C members.
(3) 
Appointment of members; terms; vacancies. The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2." Commencing with the first appointments to the Commission, three members shall be appointed for terms of one year, three members shall be appointed for terms of two years, and three members shall be appointed for terms of three years, Alternate No. 1 shall be appointed for a term of two years, and Alternate No. 2 shall be appointed for a term of one year, and thereafter all regular members shall be appointed for terms of three years, and all alternate members shall be appointed for terms of two years. A member may be appointed for additional terms.
D. 
Industrial Commission.
(1) 
Pursuant to the provisions of N.J.S.A. 40:55B-3 et seq. (Chapter 154 of Laws of New Jersey 1936), a local industrial commission, to be known as the "Industrial Commission of the Township of Toms River," is hereby created to consist of seven members, which said Commission shall be a body corporate, having the powers hereinafter enumerated.
(2) 
Appointment, terms of office and oath of members. The members of the Commission shall be appointed by the Township Council. Each member shall be, for the last five years preceding his or her appointment, a citizen of the United States and qualified voter of the State of New Jersey. One member shall be appointed for one year, one member for two years, one member for three years, two members for four years and two members for five years. At the expiration of each of the above terms, the new member shall be appointed for a term of five years. Vacancies in the membership of the Commission, occurring for whatever cause, shall be promptly filled by appointment by the Township Council for the unexpired term thereof. Members shall serve for their respective terms and until their successors are appointed and qualify.
(3) 
The members, officers and employees of the Commission shall be subject to the limitations provided by N.J.S.A. 40:55B-5 et seq. and shall take and subscribe the oath therein provided.
(4) 
Office to be maintained. The employees and assistants required by the Commission shall be recruited and shall serve as provided in N.J.S.A. 40:55B-6. The Commission shall have and maintain a suitable office where its maps, plans, documents, records and accounts shall be kept, subject to public inspection at such times and under such reasonable conditions as the Commission shall determine. Existing office facilities of the Township of Toms River shall be used without charge, if practical.
(5) 
General powers. The Commission shall have the general powers provided in N.J.S.A. 40:55B-7.
(6) 
Specific functions and powers. The Commission shall perform the functions and exercise the powers hereinafter enumerated:
(a) 
Inquire into, survey and publicize the extent, advantages and utility of the vacant lands of the Township of Toms River, whether municipally owned or otherwise.
(b) 
Classify such vacant lands according to their adaptability for the settlement thereon of various types of industrial enterprises.
E. 
Local Ethics Board.
(1) 
Board established. There is hereby established a Township Ethics Board consisting of six members who are residents of the Township of Toms River, at least two of whom shall be public members. The members of the Ethics Board shall be appointed by the Township Council. The members shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. No more than three members of the Ethics Board shall be of the same political party.
(2) 
Chairman. The members of the Township Ethics Board shall annually elect a Chairman from among the membership.
(3) 
Term; vacancies. The members shall serve a term of five years; except that of the members initially appointed, two of the public members shall be appointed to serve for a term of five years, one member shall be appointed to serve for a term of four years, and the remaining members shall be appointed to serve for a term of three years. Any vacancy occurring in the membership of the Ethics Board shall be filled in the same manner as the original appointment for the unexpired term.
(4) 
Compensation. Members of the Ethics Board shall serve without compensation but shall be reimbursed by the municipality for necessary expenses incurred in the performance of their duties under this act.
(5) 
The Township Council of the municipality shall provide the Municipal Ethics Board with offices for the conduct of its business and the preservation of its records, and shall supply equipment and supplies as may be necessary.
(6) 
All necessary expenses incurred by the Township Ethics Board and its members shall be paid, upon certification of the Chairman, by the Chief Financial Officer within the limits of funds appropriated by the Township Council by annual or emergency appropriations for those purposes.
(7) 
The Township Ethics Board may appoint employees, including independent counsel, and clerical staff as are necessary to carry out the provisions of this act within the limits of funds appropriated by the Township Council for those purposes.
(8) 
Township Code of Ethics; promulgation. Within 90 days after the establishment of a Township Ethics Board, that Ethics Board shall promulgate by resolution a Township Code of Ethics for all local government officers and employees serving the municipality. Local government officers and employees serving a independent authority shall be deemed to be serving the municipality for purposes of this act.
(a) 
The Township Code of Ethics so promulgated shall be either identical to the provisions set forth in N.J.S.A. 40A:9-22.5 or more restrictive, but shall not be less restrictive.
(b) 
Within 15 days following the promulgation thereof, the Code of Ethics, and a notice of the date of the public hearing to be held thereon, shall be published in at least one newspaper circulating within the municipality and shall be distributed to the Municipal Clerk and to the heads of the local government agencies serving the municipality for circulation among the local government officers and employees serving the municipality. The Township Ethics Board shall hold a public hearing on the Township Code of Ethics not less than 30 days following its promulgation at which any local government officer or employee serving the municipality and any other person wishing to be heard shall be permitted to testify. As a result of the hearing, the Ethics Board may amend or supplement the Township Code of Ethics as it deems necessary. If the Township Code of Ethics is not identical to the provisions set forth in Section 5 of this act, the Township Ethics Board shall thereafter submit the Township Code of Ethics to the Local Finance Board for approval. The Board shall approve or disapprove a Township Code of Ethics within 60 days following receipt. If the Board fails to act within that period, the Township Code of Ethics shall be deemed approved. A Township Code of Ethics requiring Board approval shall take effect for all local government officers and employees serving the municipality 60 days after approval by the Board. A Township Code of Ethics identical to the provisions set forth in Section 5 of this act shall take effect 10 days after the public hearing held thereon. The Township Ethics Board shall forward a copy of the Township Code of Ethics to the Municipal Clerk and shall make copies of the Township Code of Ethics available to local government officers and employees serving the municipality.
(9) 
Powers of the Township Ethics Board. The Township Ethics Board shall have the following powers:
(a) 
To initiate, receive, hear and review complaints and hold hearings with regard to possible violations of the Township Code of Ethics or financial disclosure requirements by local government officers or employees serving the municipality.
(b) 
To issue subpoenas for the production of documents and the attendance of witnesses with respect to its investigation of any complaint or to the holding of a hearing.
(c) 
To forward to the County Prosecutor or the Attorney General or other governmental body any information concerning violations of the Township Code of Ethics or financial disclosure requirements by local government officers or employees serving the municipality which may become the subject of criminal prosecution or which may warrant the institution of other legal proceedings by the Attorney General.
(d) 
To render advisory opinions to local government officers or employees serving the municipality as to whether a given set of facts and circumstances would constitute a violation of any provision of the Township Code of Ethics or financial disclosure requirements.
(e) 
To enforce the provisions of the Township Code of Ethics and financial disclosure requirements with regard to local government officers or employees serving the municipality and to impose penalties for the violation thereof as are authorized by this act.
(f) 
To adopt rules and regulations and to do other things as are necessary to implement the purposes of this act.
(10) 
Advisory opinions. A local government officer or employee serving the municipality may request and obtain from the Township Ethics Board an advisory opinion as to whether any proposed activity or conduct would in its opinion constitute a violation of the Township Code of Ethics or any financial disclosure requirements. Advisory opinions of the Township Ethics Board shall not be made public, except when the Ethics Board by the vote of two-thirds of all of its members directs that the opinion be made public. Public advisory opinions shall not disclose the name of the local government officer or employee unless the Ethics Board in directing that the opinion be made public so determines.
(11) 
Complaints. The Township Ethics Board, upon receipt of a signed written complaint by any person alleging that the conduct of any local government officer or employee serving the municipality is in conflict with the Township Code of Ethics or financial disclosure requirements, shall acknowledge receipt of the complaint within 30 days of receipt and initiate an investigation concerning the facts and circumstances set forth in the complaint.
(a) 
Determination; hearing. The Township Ethics Board shall make a determination as to whether the complaint is within its jurisdiction or frivolous or without any reasonable factual basis. If the Township Ethics Board shall conclude that the complaint is outside its jurisdiction, frivolous or without factual basis, it shall reduce that conclusion to writing and shall transmit a copy thereof to the complainant and to the local government officer or employee against whom the complaint was filed. Otherwise, the Township Ethics Board shall notify the local government officer or employee against whom the complaint was filed of the nature of the complaint and the facts and circumstances set forth therein. The officer or employee shall have the opportunity to present the Township Ethics Board with any statement or information concerning the complaint which he wishes. Thereafter, if the Township Ethics Board determines that a reasonable doubt exists as to whether the local government officer or employee is in conflict with the Township Code of Ethics or any financial disclosure requirements, it shall conduct a hearing in the manner prescribed by N.J.S.A. 40A:9-22.12 concerning the possible violation and any other facts and circumstances which may have come to its attention with respect to the conduct of the local government officer or employee. The Township Ethics Board shall render a decision as to whether the conduct of the officer or employee is in conflict with the Township Code of Ethics or any financial disclosure requirements. This decision shall be made by no less than two-thirds of all members of the Ethics Board.
(12) 
Penalties. If the Township Ethics Board determines that the officer or employee is in conflict with the code or any financial disclosure requirements, it may impose any penalties which it believes appropriate within the limitations of this act. A final decision of the Township Ethics Board may be appealed to the Local Finance Board within 30 days of the decision.
(13) 
Preservation of materials. All statements, complaints, requests or other written materials filed pursuant to this act, and any rulings, opinions, judgments, transcripts or other official papers prepared pursuant to this act shall be preserved for a period of at least five years from the date of filing or preparation, as the case may be.
F. 
Municipal Utilities Authority.
(1) 
Organization of Municipal Utilities Authority; members; appointment; compensation.
(a) 
There is hereby continued a public body corporate and politic under the name the Toms River Municipal Utilities Authority (hereinafter "TRMUA.") Pursuant to N.J.S.A. 40:14B-4, the TRMUA shall consist of five members appointed by Township Council. Each member shall receive compensation not to exceed $2,000 in any one year for services as a member of the Authority; provided, however, that in the event that any member of the Authority is or shall also be appointed an officer, agent or employee of the Authority, then such member shall, in addition to such $2,000, receive such compensation for such member's services as such officer, agent or employee as the Authority may determine.
(b) 
Terms of regular members. The members first appointed shall, by the resolution of appointment, be designated to serve for terms respectively expiring on the first days of the first, second, third, fourth and fifth Februaries next ensuing after the date of their appointment. On or after January 1 in each year after such first appointments, one person shall be appointed as a member of the TRMUA to serve for a term commencing on February 1 in such year and expiring on February 1 in the fifth year after such year. In the event of a vacancy in the membership of the TRMUA occurring during an unexpired term of office, a person shall be appointed as a member of the TRMUA to serve for such unexpired term.
(c) 
Alternate members. Pursuant to N.J.S.A. 40:14B-4, there shall be two alternate members of the Municipal Utilities Authority. Said alternate members shall be designated "Alternate No. 1" and "Alternate No. 2" and shall serve in rotation during the absence or disqualification of any regular member or members.
(d) 
Terms for alternate members. The term of each alternate member shall be five years commencing on February 1 of the year of the appointment; provided, however, that in the event two alternate members are appointed, their initial terms shall be four and five years respectively. The terms of the first alternate members appointed pursuant to this chapter shall commence on the day of their appointment and shall expire on the fourth or fifth January 31 next ensuing after the date of their appointments, as the case may be. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of the Authority. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. Said alternate members shall be compensated in the same manner and amount as the regular members of the Authority.
(2) 
Powers and duties. The TRMUA shall be vested with all powers, duties, authority and obligations as delineated within N.J.S.A. 40:14B-1 et seq.
G. 
Parking Authority.
(1) 
Authority established. There is hereby created and established in the Township of Toms River, a public body corporate and politic, in accordance with N.J.S.A. 40:11A-4, to be known as the Parking Authority of the Township of Toms River.
(2) 
Organization; terms of office. The Township Council shall appoint five persons as Commissioners of the Parking Authority. The Commissioners who are first appointed shall be designated to serve for terms of one, two, three, four and five years, respectively, from the date of their appointment. Thereafter, Commissioners shall be appointed for a term of five years.
(3) 
Additional Commissioners. The Mayor shall appoint two persons as additional Commissioners of the Parking Authority, whose terms shall be for five years.
(4) 
Vacancies. All vacancies in any Commissioner position shall be filled for the unexpired term only in the manner by which the position was appointed.
(5) 
Powers and duties. The Authority shall have all powers, duties and obligations as set forth in N.J.S.A. 40:11A-1 et seq., except as otherwise limited by this chapter.
(6) 
Condemnation. In accordance with N.J.S.A. 40:11A-7, the Authority shall not acquire any real property by the exercise of the power of eminent domain without the prior approval of the Township Council by resolution.
H. 
Planning Board. The Planning Board is established in Chapter 348, Land Use and Development Regulations.
I. 
Redevelopment Entity.
(1) 
Establishment. Pursuant to the provisions of N.J.S.A. 40A:12A-3, the Township Council is hereby designated as the "redevelopment entity" and shall be vested with the power to implement redevelopment plans and carry out redevelopment projects in any area in need of redevelopment or any area in need of rehabilitation, or in both.
(2) 
Powers.
(a) 
Upon the adoption of a redevelopment plan, pursuant to N.J.S.A. 40A:12A-7, the redevelopment entity may proceed with the clearance, replanning, development and redevelopment of the area designated in that plan.
(b) 
In order to carry out and effectuate the purposes of N.J.S.A. 40A:12A-1 et seq., and the terms of the redevelopment plan, the redevelopment entity may:
[1] 
Authorize, by resolution, the undertaking of redevelopment projects and, for this purpose, issue bonds in accordance with the provisions of N.J.S.A. 40A:12A-29.
[2] 
Authorize, by resolution, the acquisition of property pursuant to N.J.S.A. 40A:12A-22(i).
[3] 
Authorize, by resolution, the acquisition by condemnation any land or building which is necessary for the redevelopment project pursuant to the provisions of the Eminent Domain Act of 1971 (N.J.S.A. 20:3-1 et seq.)
[4] 
Clear any area owned or acquired and install, construct or reconstruct streets, facilities, utilities and site improvements essential to the preparation of sites or use in accordance with the redevelopment plan.
[5] 
Authorize, by resolution, the preparation or arrangement by contract for the provision of professional services in the preparation of plans by registered architects, licensed professional engineers or planners or other consultants for the carrying out of the redevelopment projects.
[6] 
Authorize, by resolution, the arrangement or contract with public agencies or redevelopers for the planning, replanning, construction or undertaking of any project or redevelopment work or any part thereof; negotiate and collect revenue from a redeveloper to defray the cost of the redevelopment entity, including, where applicable, the costs incurred in conjunction with bonds, notes or other obligations issued by the redevelopment entity and to secure payment of such revenue; as part of any such arrangement or contract, provide an extension of credit or making of loans to redevelopers to Business Administrator any project or redevelopment work, or upon finding that the project or redevelopment work would not be undertaken but for provision of financial assistance, or would not be undertaken in its intended scope without the provision of financial assistance, provided as part of an arrangement or contract for capital grants to redevelopers; and arrange or contract with public agencies or redevelopers for the opening, grading or closing of streets, roads, roadways, alleys or other places or for the furnishing of facilities or for the acquisition by such entity of property options or property rights or for the furnishing of property or services in connection with the redevelopment area.
[7] 
Authorize, by resolution, the leasing or conveyance of property or improvements to any other party pursuant to this subsection, without public bidding and at such prices and upon such terms as it deems reasonable, provided that the lease or conveyance is made in conjunction with the redevelopment plan, notwithstanding the provision of any law, rule or regulation to the contrary.
[8] 
Enter upon any building or property in any redevelopment area in order to conduct investigations or make surveys, sounding or test borings necessary to carry out the purposes of this subsection.
[9] 
Adopt a resolution authorizing the arrangement or contract with a public agency for the relocation of residents, industry or commerce displaced from a redevelopment area.
[10] 
Make, consistent with the development plan:
[a] 
Plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements.
[b] 
Plans for the enforcement of laws, codes and regulations relating to the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition or removal of buildings and improvements.
[11] 
Request that the Planning Board recommend and the redevelopment entity designate particular areas as being in need of redevelopment or rehabilitation and make recommendations for the redevelopment or rehabilitation of such areas.
[12] 
Study the recommendations of the Planning Board for the redevelopment of the area.
[13] 
Publish and disseminate information concerning any redevelopment area, plan or project.
[14] 
Do all things necessary or convenient to carry out its powers.
J. 
Rent Leveling Board. The Rent Leveling Board of the Township of Toms River is established in Chapter 343, Mobile Home Parks.