[HISTORY: Adopted by the Township Council
of the Township of Toms River 5-13-2008 by Ord. No. 4136-08;[2] amended in its entirety 1-24-2017 by Ord. No. 4524-17. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Land use and development regulations — See Ch. 348.
[1]
Editor's Note: Ordinance No. 4661-20, adopted 3-10-2020, renamed
this chapter from Department of Engineering, Construction Services
and Community Development to Department of Community Development and
revised all references within thereto accordingly.
[2]
Editor's Note: This ordinance also superseded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.
[Amended 3-10-2020 by Ord. No. 4661-20]
There is hereby created the Department of Community
Development, the head of which shall be the Director of 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.
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.
[Amended 3-10-2020 by Ord. No. 4661-20]
Within the Department of Community Development,
the following divisions are established:
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)
GIS Specialist.
[Amended 3-10-2020 by Ord. No. 4661-20]
(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 Community Development.
[Amended 3-10-2020 by Ord. No. 4661-20]
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.
(9)
Clerical support staff.
(10)
Fire Subcode Official.
[Added 2-9-2021 by Ord.
No. 4690-21]
C.
Assistant Construction Official. The position of Assistant Construction
Official is hereby established. The Assistant Construction Official
shall have the same authorities and duties of the Construction Official.
[Added 3-10-2020 by Ord.
No. 4661-20]
[Amended 3-10-2020 by Ord. No. 4661-20]
A.
There is hereby created a Division of Zoning and Planning,
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 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 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 Community Development.
(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 Community
Development.
(9)
Deputy Zoning Officer. To assist and perform all duties assigned
by the Zoning Officer and to serve as acting Zoning Officer in circumstances
when the Zoning Officer is absent, incapacitated, or otherwise unable
to carry out the duties of the office.
[1]
Editor's Note: Former § 48-7, Division of Parks,
Buildings, and Grounds, added 3-10-2020 by Ord. No. 4661-20, was repealed 12-28-2021 by Ord. No.
4725-21.
[Added 3-10-2020 by Ord.
No. 4661-20]
A.
There is hereby established a Division of Code Enforcement. The Division
of Code Enforcement shall function as follows:
(1)
Conduct field inspections and special investigations to ensure compliance
with municipal ordinances.
(2)
Initiate and enforce rules and regulations in relation to enforcement
of ordinances.
(3)
Initiate necessary legal action for violations of municipal ordinances.
(4)
Perform any other such function as necessary to administer the Division's
purposes.
B.
The Division of Code Enforcement shall be administered by the Division
Manager of Code Enforcement. The Division Manager may also be assigned
other duties within the Department of Community Development as determined
by the Director.
[Amended 12-28-2021 by Ord. No. 4725-21]
