[1982 Code § 160-1; Ord. #488]
No insurer issuing a fire insurance policy on any real property
located in the Borough of Tinton Falls, shall pay a claim for fire
damages in excess of $2,500 until all taxes and assessments due the
Borough and all other municipal liens or charges due and payable shall
have been paid.
[1982 Code § 160-2; Ord. #488]
The insurer, prior to payment of a claim for fire damages in
excess of $2,500 shall obtain from its insured an official certificate
of search for municipal liens pursuant to N.J.S.A. 54:5-12, certifying
that all taxes, assessments or other municipal liens or charges levied
and assessed and due and payable against the property have been paid.
[1982 Code § 160-3; Ord. #488]
Any insurer or insured requesting the official certificate required by subsection 3-25.2 shall include in the request the appropriate notation that the search concerns fire-damaged property.
[1982 Code § 160-4; Ord. #488]
In lieu of the official certificate required by subsection 3-25.2 the insurer may accept an appropriate resolution of the Borough Council adopted pursuant to N.J.S.A. 17:36-11, acknowledging that the property owner and the Borough have entered into an agreement to pay all delinquent taxes, assessments or other municipal liens by installments pursuant to N.J.S.A. 54:5-19 or for the redemption of the tax sale lien by installment payments pursuant to Article XVII of Chapter 5 of Title 54 of the Revised Statutes (N.J.S.A. 54:5-65 et seq.) where the Borough Council is satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property. Upon receipt of this resolution, the insurer may make the full payment to the insured.
[1982 Code § 160-5; Ord. #488]
This chapter is adopted pursuant to the authority under N.J.S.A.
17:36-8 et seq., as supplemented and amended by Chapter 369 of the
Laws of 1979 effective February 4, 1980.
[1982 Code § 160-6; Ord. #488]
This chapter shall be effective upon final adoption and publication
according to law and after filing of such chapter with the State Commissioner
of Insurance.
[1982 Code § 114-1; Ord. #667]
Prior to the issuance of certain licenses and permit by various
departments of the Borough, the departments shall ascertain from the
Division of Revenue in the Department of Audit Accounts and Control
that taxes and assessments have been paid on a current basis for the
property on which the activity in question is to take place. In the
event that property taxes and assessments are unpaid on a current
basis, no permits or licenses as provided herein shall be issued until
all such payments have been made, provided that the applicant is the
property owner of record.
[1982 Code § 114-2; Ord. #667]
Permits and licenses which shall be covered by the provisions
of this chapter are:
b.
Soil removal permits issued pursuant to Chapter 18, Soil Removal, of the Code of the Borough of Tinton Falls.
c.
Tree removal permits issued pursuant to Chapter 17, Trees, of the Code of the Borough of Tinton Falls.
e.
Certificates of occupancy issued pursuant to Chapter 11, subsection 11-1.2l, of the Uniform Construction Codes of the Code of the Borough of Tinton Falls.
g.
Pound or dog pound licenses issued pursuant to Chapter 8, Animal Control, of the Code of the Borough of Tinton Falls.
[1982 Code § 114-3; Ord. #667]
Whenever a property owner has become delinquent in the payment
of three consecutive quarters of property tax, the Borough may, upon
notice to the applicant and property owner, revoke or suspend a license
or permit until the payment of delinquent taxes and assessments, in
which case the license or permit shall be restored.
[1982 Code § 114-4; Ord. #667]
The Borough Business Administrator is hereby empowered to issue
regulations for the enforcement of the provisions of this chapter,
including but not limited to the waiver of strict enforcement of the
terms and conditions by alternate provisions of law which exist requiring
the payment of delinquent property taxes and assessments.
[1982 Code § 49-1; Ord. #641]
Residency shall not be required of any appointed employee, official
or officer of the Borough on either a prospective or continuous basis.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 89-709.
[Ord. No. 11-1330]
In accordance with and pursuant to the authority of N.J.S.A.
2C:35-7 and 2C:35-7.1 a revised and updated Drug-Free Zone Map was
produced in March 2011 and certified by Borough Engineer David M.
Marks, P.E., C.M.E., of T&M Associates.
This updated map for the 1,000-foot drug free school zone is
hereby approved and adopted as the official finding and record of
the location of areas within the municipality of property which are
used for school purposes, and which are owned by or leased to any
elementary or secondary school or school board, and of the areas on
or within 1,000 feet of such school property.
This map is also hereby approved and adopted as the official
finding and record of the location of areas within the municipality
of property which are within 500 feet of real property comprising
a public housing authority, a public park, or a public building as
defined pursuant to N.J.S.A. 2C:35:71.
The map may be found on file in the office of the Borough Clerk.
[Ord. #11-1330]
The Drug-Free Zone Map approved and adopted pursuant to subsection 3-28.1 of this section shall constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time, if any, the Borough Council, with the recommendation of the Borough Engineer and the Chief of Police, adopt a new Drug Free Zone Map to reflect any revision that is necessary to the existing map to reflect locations and boundaries of school property and drug free zones.
The same Drug-Free Zone Map approved and adopted pursuant to subsection 3-28.1 of this section shall also constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of real property comprising a public housing facility, public park, or a public building as defined under N.J.S.A. 2C:35-7.1 until such time, if any, the Borough Council, with the recommendation of the Borough Engineer and the Chief of Police, adopt a new Drug-Free Zone Map to reflect any revision that is necessary to the existing map to reflect locations and boundaries of real property comprising a public housing facility, public park, or a public building and drug-free zones within the 500 feet thereof.
[Ord. #11-1330]
The school board, or chief administrative officer in the case
of any private or parochial school, Borough Administrator, or public
housing facility executive director and/or administrator, as the case
may be, is hereby directed and shall have the continuing obligation
to promptly notify the Borough Engineer, Chief of Police and Director
of Law of any changes, or contemplated changes, in the location and
boundaries of any property owned or leased by their school(s), the
Borough or public housing facility, as applicable.
[Ord. #11-1330]
The Borough Clerk is hereby directed to receive and keep on file the original certified Drug-Free Zone Map approved and adopted pursuant to subsection 3-28.1 of this section and to provide at a reasonable cost, or as defined pursuant to the Open Public Records Act, a true copy thereof to any person, agency or court which may, from time to time, request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk, the Office of the Monmouth County Prosecutor, the Municipal Prosecutor, and Borough's Police Department.
[Ord. #11-1330]
The following additional matters are hereby determined, declared,
recited and stated:
a.
It is understood that the Drug-Free Zone Map approved and adopted pursuant to subsection 3-28.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal law of this state, and that, pursuant to State law, such map shall constitute prima facie evidence of the following:
1.
The location of and secondary schools with the municipality.
2.
The boundaries of real property which is owned by or leased to such
schools or a school board;
3.
That such school property is and continues to be used for school
purposes;
4.
The location and boundaries of areas which are on or within 1,000
feet of such school property.
5.
The location of public housing facilities, public parks and public
buildings within the municipality as defined by N.J.S.A. 2C:35-7.1;
6.
The boundaries of real property which is owned by or leased or used
as public housing facilities, public parks and public buildings; and
7.
The location and boundaries of areas, which are on or within 500
feet of public housing facilities, public parks and public buildings.
b.
Except as is otherwise expressly noted on the face of the approved
and adopted map, all of the property depicted on the map approved
and adopted herein as school property was owned by, or leased to,
a school or school board, and was being used for school purposes at
the time of certification of the Drug-Free Zone Map approved and adopted
pursuant to subsection 8-28.1 of this section.
c.
Except as is otherwise expressly noted on the fact of the approved and adopted map, all of the property depicted on the map approved and adopted herein as public housing facilities, public parks and public buildings were owned by, or leased to a State, County or local government or agency or instrumentality thereof at the time of certification of the Drug-Free Zone Map approved and adopted pursuant to subsection 3-28.1 of this section.
d.
Pursuant to the provisions of N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in the statute, including the use of a map or diagram other than the one approved and adopted pursuant to subsection 3-28.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, or meeting the definitions of a public housing facility, public park or public building, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such properties are not owned, leased or used by the entities or for the purposes described.
e.
All the provisions set forth in N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1
concerning the preparation, approval and adoption of a Drug-Free Zone
Map have been complied with.
[Ord. #11-1330]
If any section, subsection, sentence, clause or phrase of this
section is for any reason held to be unconstitutional, invalid, or
unenforceable by a court of competent jurisdiction, such decision
shall not affect the remaining portions of this section.
[Ord. #11-1330]
All other ordinances in conflict or inconsistent with this section
are hereby repealed, to the extent of such conflict or inconsistency.
[Ord. #11-1330]
This section shall become effective upon final adoption in accordance
with law.
[1]
Editor's Note: Former Section 3-28A, Drug-Free Public Park and Public Building Zones, previously codified herein and containing portions of Ordinance Nos. 1083 and 1091 was repealed in its entirety by Ordinance No. 11-1330. See Section 3-28, Drug-Free Zones for Schools, Public Housing, Parks and Public Buildings.
[Ord. #91-763, §§ 1-5]
a.
The Tax Collector is hereby authorized and directed to charge 8%
per annum on the first $1,500 of taxes becoming delinquent after due
date and 18% per annum on any amount of taxes in excess of $1,500
becoming delinquent after due date and if a delinquency is in excess
of $10,000 and remains in arrears after December 31, an additional
penalty of 6% shall be charged against the delinquency, all such payments
to be calculated from the date the tax, assessment or charge was payable
until the date of actual payment. This shall apply to all existing
tax sale certificates held by the Borough of Tinton Falls.
b.
As to tax sale certificates, the Tax Collector is hereby authorized
and directed to collect 2% when the taxes, interest and costs shall
exceed the sum of $200. When the taxes, interest and costs shall exceed
the sum of $5,000, such additional sum shall be equal to 4% of such
amount paid; and when that sum exceeds $10,000, such additional sum
shall be equal to 6% of such amount paid. This shall apply to all
existing tax sale certificates held by the Borough of Tinton Falls.
c.
No interest shall be charged if payment of any installment is made
within the tenth calendar day following the date upon which the same
became payable.
d.
Should the date upon which any installment becomes due fall on a
date which is a legal holiday or a date when the office of the Tax
Collector is not open for business for the day, no interest shall
be charged if payment for such installment is made on the first business
day thereafter.
e.
For the purpose of this section, "delinquency" means the sum of all
taxes, assessments and municipal charges due on a given parcel of
property covering any number of quarters or years.
[Ord. #92-803, § I]
In accordance with the applicable provisions of N.J.S.A. 54:4-64(2)
the Tax Collector of the Borough of Tinton Falls be and is hereby
authorized to charge the following fees for the preparation of duplicate
tax bills requested by a mortgagee, servicing organization or property
tax processing organization:
[Ord. #92-811]
a.
This section is created pursuant to N.J.S.A. 40:48-1(6) and N.J.S.A.
40A:14-156.1 and is adopted as a reciprocal agreement with all municipalities
participating in the county-wide mutual aid compact. Pursuant to this
agreement, the Borough of Tinton Falls Police Department, upon request,
to help preserve the public peace and order.
b.
The municipality requesting assistance shall compensate the officers
at an agreed-upon rate by forwarding payment to the municipality,
which will then compensate those officers who rendered assistance.
c.
In the event that a member of the Tinton Falls Police Department
is injured while rendering assistance to a participating municipality,
the municipality receiving the assistance shall reimburse the municipality
rendering assistance for any and all expenses incurred as a result
of a worker's compensation claim filed by the injured officer.
d.
This section is separate and distinct from any mutual aid agreements
previously entered into between the Borough of Tinton Falls, and any
other municipalities and shall remain in full force and effect until
specifically repealed by an affirmative act of the governing body.
[Ord. #99-984, § 1 — 9; Ord. #06-1177]
a.
There is hereby authorized and established a specific and dedicated
tax assessment of $0.0225 per $100 of the assessed property valuation,
to be assessed and paid on all taxable property in the Borough. The
monies collected pursuant to such specific and dedicated tax will
be used specifically and solely to acquire, preserve and improve lands
for open space, conservation, recreation and parklands by the Borough
of Tinton Falls.
b.
There is hereby created the Open Space Trust Fund to be administered
by the Division of Finance of the Borough of Tinton Falls subject
to the provisions of the within section, which Trust Fund shall have
deposited in it the special assessment of $0.0225 per $100 of assessed
property valuation.
c.
The Borough Finance Officer shall establish such Trust in a manner
perpetually to keep separate and apart from all other Borough budgeted
items all costs in connection therewith and all funds collected pursuant
hereto.
d.
The Borough Finance Officer, together with the Tax Assessor and Tax
Collector, shall operate as necessary and convenient for the administration
of the said Trust Fund including but not limited to creation of a
separate line item on the municipal tax bills forwarded to all Tinton
Falls taxpayers, identifying the Trust Fund as follows: "Municipal
Open Space Tax" and inserting opposite such separate line item the
amount to be collected for such Fund as calculated pursuant to the
said $0.0225 per $100 of assessed valuation, as approved by the voters
of Tinton Falls at the said referendum conducted on November 3, 2009.
e.
In the event the Borough of Tinton Falls shall become the beneficiary,
by way of gift, Federal or State grant or other funding sources of
any lands or unrestricted funds, such lands and/or funds may, at the
discretion of the Borough Council be deposited in the said Trust Fund,
in the case of monies, or placed upon the Trust Funds' register of
open lands, as the case may be.
f.
It is the intention of this section to comply with all applicable
State and Federal programs governing the acquisition of open space
for active or passive recreational and like purposes.
g.
All lands acquired through the program herein authorized shall be
set aside and dedicated for such open space purposes and all deeds
and other applicable documents shall so indicate.
h.
All decisions respecting the acquisition and payment of such lands
shall be the determination of the Borough Council, subject to the
applicable State and Federal regulations.
i.
If any clause of the within section be deemed by a Court of competent
jurisdiction to be unlawful, the remaining provisions of the within
section shall remain in full force and effect.
[Ord. #99-994; Ord. #04-1134, § I]
a.
All requests for discovery in matters pending in the Tinton Falls
Municipal Court shall be submitted through the Municipal Prosecutor.
b.
The following fees shall be payable by the requestor to the Borough
of Tinton Falls for discovery provided:
1.
$0.75 per page for each of the first 10 pages photocopied.
2.
$0.50 per page for each of the next 10 pages photocopied.
3.
$0.25 per page for each of the pages photocopied thereafter.
4.
Actual postage for any discovery sent by mail.
5.
$0.25 for the envelope for any discovery sent by mail.
6.
Photographs will be photocopied at the rates established herein.
If requests are made for duplicate photographs, the actual cost of
making the photographs shall be charged.
7.
Duplication of videotapes constitutes an extraordinary duplication
process and will be charged at the rate of $5 per videotape.
8.
On any item that cannot be photocopied on the Borough copy machine
or not otherwise provided for in this schedule, the actual cost incurred
in making the copy shall be charged.
c.
Where the discovery must be obtained from an entity other than the
Borough of Tinton Falls, e.g. another police department, the actual
costs paid to the other entity shall be paid by the requestor.
[Ord. #99-986, § A]
The Historic Preservation Commission shall make a comprehensive
survey of the Borough of Tinton Falls for the purpose of identifying
potential historic districts and sites which are worthy of protection
and preservation. Such survey shall be based upon an identification
process approved by the State Historic Preservation Office, Department
of Environmental Protection and Energy.
[Ord. #99-986, § B]
Based on the survey or upon recommendation of concerned citizens,
the Historic Preservation Commission shall document the importance
and historical significance to the municipality, State and nation
of each historic site designation in terms of the purpose and criteria
set forth in this section. Thereafter, the Historic Preservation Commission
shall:
a.
Notify each owner that his property has been tentatively designated
an historic site.
b.
Advise each owner of the significance and consequences of such tentative
designation, and advise him of his opportunities and right to challenge
or contest such designation.
c.
Invite each owner to consent voluntarily to final designation without
the need for public hearing or other protection.
[Ord. #99-986 § C]
The Historic Preservation Commission shall, as soon as practicable,
make public a complete list and map of the tentatively designated
historic sites and districts specifying the locations, boundaries,
and popular names thereof. In designating any historic site or historic
district, the Historic Preservation Commission may determine and so
specifically designate certain buildings or structures as non-contributing
to the historic district.
The tentative list and map shall thereafter be submitted at
a public hearing to the examination and comment of the public. Interested
persons shall be entitled to present their opinions, suggestions,
and objections at this public hearing. A list and map showing all
proposed historic districts and historic sites shall be published,
together with a notice of the hearing on same, in the official newspaper
not less than 10 days prior to such meeting.
[Ord. #99-986, § D]
The Commission shall prepare a concise report of its recommendations
for sites to be designated as local historic sites. Copies of the
report shall be delivered to the Planning Board and the Borough Clerk
and a notice of the action published by the Commission Secretary in
an official newspaper of the Borough. The published notice shall state
the Commission's recommendations and also state that final designation
shall be made by the Planning Board at a public meeting.
[Ord. #99-986, § E]
After full consideration of the evidence brought forth at the
public hearing, the Planning Board shall make its final decisions
on the designations and shall issue its final report stating reasons
in support of its actions with respect to each historic site and historic
district designation.
[Ord. #99-986, § F]
After Planning Board review and approval, the Commission shall
submit the list of designated historic sites and a map to the Borough
Clerk for filing. The Borough Council shall then consider the designation
list and map, and may approve, reject, or modify same by ordinance.
Once adopted, the designation list and map may be amended in the same
manner in which it was adopted. Upon adoption, the designation list
and map shall also be incorporated into the municipal Master Plan
and Land Use Ordinance as required by State enabling legislation.
[Ord. #99-986, § G]
Copies of the historic sites and historic districts designation
list and map, as adopted, shall be made public and distributed to
all municipal agencies reviewing development applications and all
building and housing permits.
[Ord. #99-986, § H]
The criteria for evaluating a property's significance are derived
from the National Register Criteria for Evaluation and applied to
local context. In considering an individual site, building or structure,
or a district for designation as historically, architecturally, or
archaeologically significant, the Historic Preservation Commission
shall give consideration to the following criteria:
a.
That it is associated with events that have made a significant contribution
to the broad patterns of our history; or
b.
That it is associated with the lives of persons significant in our
past; or
c.
That it embodies the distinctive characteristics of a type, period,
or method of construction, or that represent the work of a master,
or that possess high artistic values, or that represent a significant
and distinguishable entity whose components may lack individual distinction;
or
d.
That it has yielded, or may be likely to yield, information important
in prehistory or history.
[Ord. #01-1045, § 1]
This section shall be known as the "Five-Year Exemption and
Abatement Law for Commercial and Industrial Structures (Scarano Tract)."
[Ord. #01-1045, § 2]
The purpose of this section is to establish procedures whereby
qualified individuals and corporations may avail themselves of the
property tax exemptions and abatements which the Borough of Tinton
Falls is permitted by law to grant pursuant to Chapter 441, Laws of
New Jersey, 1991.
[Ord. #01-1045, § 3]
The specific area covered by this section is:
That area known and designated as Block 120, Lots 3, 24, 28,
29, 30 and 37 commonly known as the "Scarano Tract" and as fully described
in Exhibit "A."[1]
It is the desire and intent of this section to promote the construction
and rehabilitation of structures in this area and to combat economic
decline and to promote the proper utilization of the area which presently
contains dilapidated structures, debris and abandoned machinery and
"historic fill" resulting in environmental concerns which have inhibited
the development and improvement of the area. The governing body has
determined that this is an area in need of rehabilitation.
[1]
Editor's Note: Exhibit A, referred to herein, has not been
codified but may be found on file in the office of the Borough Clerk
attached to Ordinance No. 01-1045.
[Ord. #01-1045, § 4]
Terms as used in this section:
Shall mean that portion of the assessed value of a property
as it existed prior to construction, improvement or conversion of
a building or structure thereon, which is exempt from taxation pursuant
to this section.
Shall mean that area within the subject area described in subsection 3-35.3 of this section which has been determined to be an area in need of rehabilitation or redevelopment pursuant to law in which a significant portion of residential, commercial and industrial structures are in a deteriorated or substandard condition; there exists a continuing pattern of property tax arrearage and vacant or underutilized properties; and, where a program of rehabilitation, improvement, and new in-fill construction will prevent further deterioration and promote the overall development of the municipality.
Shall mean the officer of the Borough of Tinton Falls charged
with the duty of assessing real property for the purpose of general
taxation.
Shall mean a structure or part thereof used for the manufacturing,
processing or assembling of material or manufactured products, or
used for research, office, industrial, commercial, retail, recreational
or warehousing purposes, or for any combination thereof, which the
governing body determines will tend to maintain or provide gainful
employment within the Borough; assist in the economic development
of the Borough; maintain or increase the tax base of the Borough;
and maintain or diversify and expand commerce with the Borough. It
shall not include any structure or part thereof used or to be used
by any business relocated from another qualifying municipality.
Shall mean substantially ready for the intended use for which
a building or structure is constructed, improved or converted.
Shall mean the provision of a new commercial or industrial
structure, or the enlargement of the volume of an existing commercial
or industrial structure by more than 30%, but shall not mean the conversion
of an existing building or structure to another property class use.
Shall mean the alteration or renovation of a building or
structure in such manner as to convert the building or structure from
its previous use to use as a commercial or industrial structure.
Shall mean only the cost or fair market value of direct labor
and materials used in improving, converting or constructing a building
or structure including any architectural, engineering, and contractor's
fees associated therewith, as the owner of the property shall cause
to be certified to the governing body by an independent and qualified
architect, following the completion of the project.
Shall mean that portion of the assessor's full and true value
of any improvement, conversion, alteration, or construction not regarded
as increasing the taxable value of a property pursuant to this act.
Shall mean a modernization, rehabilitation, renovation, alteration
or repair which produces a physical change in an existing building
or structure that improves the safety, sanitation, decency or attractiveness
of the building or structure as a place for work. In the case of a
commercial or industrial structure, it shall not include ordinary
painting, repairs and replacement of maintenance items, or an enlargement
of the volume of an existing structure by more than 30%. In no case
shall it include the repair of fire or other damage to a property
for which payment of a claim was received by any person from an insurance
company at any time during the three-year period immediately preceding
the filing of an application pursuant to this section.
[Ord. #01-1045, § 5]
a.
This subsection authorizes an exemption from taxation of improvements
to commercial and industrial structures as defined herein. This exemption
shall be granted only by the governing body on an individual basis
after review, evaluation and approval of each application.
b.
With regard to exemption from taxation of improvements to commercial
or industrial structures, the municipality shall regard, in determining
the value of real property, the assessor's full and true value of
the improvements as not increasing the value of the property for a
period of five years notwithstanding that the value of the property
to which the improvements are made is increased thereby. During the
exemption period, the assessment on the property shall not be less
than the assessment thereon existing immediately prior to the improvements,
unless there is damage to the structure through action of the elements
sufficient to warrant a reduction.
c.
Upon the timely receipt of a completed application, the governing
body may approve a tax agreement providing for the tax phase-in for
the value of the improvements as cited by the Assessor, or an alternate
taxing method if it is in the public interest.
[Ord. #01-1045, § 6]
a.
This subsection authorizes the granting of tax abatement and exemption
for new construction of commercial and industrial structures as defined
herein.
[Ord. #01-1045, § 7]
With regard to tax exemption and abatement for improvements
to, or for new construction of, commercial or industrial structures
all applicants shall provide the governing body with an application
setting forth:
a.
A general description of the project for which exemption and abatement
is sought;
b.
A legal description of all real estate necessary for the project;
c.
Plans, drawings and other documents as may be required by the governing
body to demonstrate the structure and design of the project;
d.
A description of the number, classes and/or types of employees to
be employed at the project site within two years of completion of
the project;
e.
A statement of the reasons for seeking tax exemption and abatement
on the project, and a description of the benefits to be realized by
the applicant if a tax agreement is granted;
f.
Estimates of the cost of completing such project;
g.
A statement showing (1) the real property taxes currently being assessed
at the project site; (2) estimated tax payments that would be made
annually by the applicant on the project during the period of the
agreement; and (3) estimated tax payments that would be made by the
applicant on the project during the first full year following the
termination of the tax agreement;
h.
A description of any lease agreements between the applicant and proposed
users of the commercial or industrial project, and a history and description
of the users' businesses;
i.
Such other pertinent information as the governing body may require.
[Ord. #01-1045, § 8]
On approval by the governing body of a tax agreement for a particular
project, the governing body may enter into a written agreement with
the applicant for the exemption and abatement of local real property
taxes. The agreement shall provide for the applicant to pay to the
municipality in lieu of full property tax payments an amount annually
to be computed by one, but in no case a combination, of the following
formulas:
a.
Tax Phase-In Basis. The agreement may provide for the applicant to
pay to the municipality in lieu of full property tax payments an amount
equal to a percentage of taxes otherwise due, according to the following
schedule:
1.
In the first full tax year after completion, no payment of the increased
taxes otherwise due as a result of the improvement or construction;
2.
In the second tax year, an amount not less than 20% of the tax increase
otherwise due as a result of the improvement or construction;
3.
In the third tax year, an amount not less than 40% of the tax increase
otherwise due as a result of the improvement or construction;
4.
In the fourth tax year, an amount not less than 60% of the tax increase
otherwise due as a result of the improvement or construction;
5.
In the fifth tax year, an amount not less than 80% of the tax increase
otherwise due as a result of the improvement or construction.
b.
Costs Basis. The agreement may provide for the applicant to pay to
the municipality in lieu of full property tax payments an amount equal
to 2% of the cost of the project.
For the purposes of the agreement, "the cost of the project"
means only the cost or the fair market value of direct labor and all
materials used in the construction, expansion or rehabilitation of
all buildings, structures, and facilities at the project site, including
the costs, if any, of land acquisition and land preparation, provision
of access roads, utilities, drainage facilities, and parking facilities,
together with architectural, engineering, legal, surveying, testing,
and contractors' fees associated with the project; which the applicant
shall cause to be certified and verified to the governing body by
an independent and qualified architect, following completion of the
project.
c.
Gross Revenue Basis. The agreement may provide for the applicant
to pay to the municipality in lieu of full property tax payments an
amount annually equal to 15% of the annual gross revenues from the
project. For the purposes of the agreement, annual gross revenues
means the total annual gross rental and other income payable to the
owner of the project from the project. If in any leasing, any real
estate taxes or assessments on property included in the project, any
premiums for fire or other insurance on or concerning the property
included in the project, or any operating or maintenance expenses
ordinarily paid by the landlord, are to be paid by the tenant, then
those payments shall be computed and deemed to be part of the rent
and shall be included in the annual gross revenue. The tax agreement
shall establish the method of computing the revenues and may establish
a method of arbitration by which either the landlord or tenant may
dispute the amount of payments so included in the annual gross revenue.
[Ord. #01-1045, § 9]
a.
All tax agreements entered into under this section shall be in effect
for no more than five full tax years following the date of completion
of the project.
b.
All projects subject to a tax agreement as provided herein shall
be subject to all applicable Federal, State and local laws and regulations
on pollution control, worker safety, discrimination in employment,
housing provisions, zoning, planning and building code requirements.
c.
That percentage which the payment in lieu of taxes for a property
bears to the property tax which would have been paid had an exemption
and abatement not been granted for the property under the agreement
shall be applied to the valuation of the property to be included in
the valuation of the municipality for determining equalization for
County tax apportionment and school aid during the term of the tax
agreement for a property. The reduced valuation procedure required
under this section shall no longer apply.
d.
Within 30 days after the execution of a tax agreement, the Borough
Clerk shall forward a copy of the agreement to the Director of the
Division of Local Government Services and the Department of Community
Affairs and to such other officials or agencies that the governing
body may direct.
[Ord. #01-1045, § 10]
a.
If during any tax year prior to the termination of the tax agreement,
the property owner ceases to operate or disposes of the property,
or fails to meet the conditions for qualifying, then the tax that
would have otherwise been payable for each tax year shall become due
and payable from the property owner as if no exemption and abatement
had been granted. The governing body shall notify the property owner
and Tax Collector forthwith and the Tax Collector shall within 15
days thereof notify the owner of the property of the amount of taxes
due.
However, with respect to the disposal of the property, where
it is determined that the new owner of the property will continue
to use the property pursuant to the conditions which qualified the
property, no tax shall be due, the exemption and abatement shall continue,
and the agreement shall remain in effect.
b.
At the termination of a tax agreement, a project shall be subject
to all applicable real property taxes as provided by State law and
regulation and local ordinance; but nothing herein shall prohibit
a project, at the termination of an agreement, from qualifying for
and receiving the full benefits of any other tax preferences provided
by law.
[Ord. #01-1045, § 11]
The Borough Assessor shall determine, on October 1 of the year
following the date of the completion of an improvement, conversion
or construction, the true taxable value thereof. Except for projects
subject to tax agreement, pursuant to this section, the amount of
tax to be paid for the first full tax year following completion shall
be based on the assessed valuation of the property for the previous
year, minus the amount of the abatement, if any, allowed pursuant
to this section, plus any portion of the assessed valuation of the
improvement, conversion or construction not allowed an exemption pursuant
to this section. The property owner shall continue to be treated in
the appropriate manner under the terms of this section and the tax
agreement, if any, for each of the five full tax years subsequent
to the original determination by Borough Assessor.
[Ord. #01-1045, § 12]
Any additional improvement, conversion or construction, completed
on a property granted a previous exemption or abatement pursuant to
this section during the period in which such previous exemption or
abatement is in effect, shall be qualified for an exemption, or exemption
and abatement, just as if such property had not received a previous
exemption or abatement. In such case, the additional improvement,
conversion or construction shall be considered as separate for the
purposes of calculating exemptions and abatements pursuant to this
section, except that the assessed value of any previous improvements,
conversion or construction shall be added to the assessed valuation
as it was prior to that improvement, conversion, alteration or construction
for the purpose of determining the assessed valuation of the property
from which any additional abatement is to be subtracted.
[Ord. #01-1045, § 13]
No exemption or abatement shall be granted, or tax agreement
entered into, pursuant to this section with respect to any property
for which property taxes are delinquent or remain unpaid, or for which
penalties for nonpayment of taxes are due.
[Ord. #01-1045, § 14]
No exemption or abatement shall be granted pursuant to this
section except upon written application filed with and approved by
the Borough Tax Assessor. Every application shall be on a form prescribed
by the Director of the Division of Taxation in the Department of the
Treasury, and provided for the use of claimants by the Borough of
Tinton Falls and shall be filed with the Borough Assessor within 30
days, including Saturdays and Sundays, following the completion of
the improvements, conversion, alteration or construction and/or issuance
of a certificate of occupancy, whichever occurs first. Every application
for exemption, or exemption and abatement, which is filed within the
time specified, shall be approved and allowed by the Assessor and
governing body to the degree that the application is consistent with
the provisions of the adopting ordinance or the tax agreement, provided
that the improvement, conversion, alteration or construction for which
the application is made qualified as an improvement, conversion, alteration
or construction pursuant to the provisions of this section and the
tax agreement, if any. The granting of an exemption, or exemption
and abatement, or tax agreement shall be recorded and made a permanent
part of the official tax records of the Borough, which record shall
contain a notice of the termination date thereof.
[Ord. #01-1045, § 15]
The exemption and abatement of real property taxes pursuant
to this section shall apply to the property taxes levied for municipal
purposes, school purposes, County government purposes and for the
purposes of funding any other property tax exemptions or abatements.
[Ord. #01-1045, § 16]
The Borough Tax Collector shall include a notice describing
the exemption program or exemption and abatement program provided
for by this section and the application procedure therefor, in the
mailing of annual property bills to each owner of property located
in an area in which exemptions, or exemptions and abatements, may
be allowed pursuant to this section during the first year following
adoption of the section.
[Ord. #01-1045, § 17]
The Tax Assessor shall report, on or before September 1 of each
year, to the Mayor and Council as to the total amount of real property
taxes exempted and the total amount abated within the Borough in the
current tax year under this section.
The report shall state, for the current tax year, the total
amount of payments made in lieu of taxes according to the formula
utilized by the Borough and the difference between that total amount
and the total amount of real property taxes which would have been
paid on the project had the tax agreement not been in effect.
[Ord. #01-1045, § 18]
No exemption or abatement granted by any prior ordinance or
law shall be affected or terminated by this section, but shall remain
in effect for the time and under the terms granted as if the section
had not been superseded or repealed.
[Ord. #01-1045, § 19]
If any provision of this section or the application of such
provision to any person or circumstance is declared invalid, such
invalidity shall not affect the other provisions or applications of
this section which can be given effect, and to this end, the provisions
of this section are declared to be severable.
[Ord. #01-1045, § 20]
This section shall take effect immediately, and exemptions and
abatements may be granted, and tax agreements entered into, for the
first full tax year commencing after enactment and for tax years thereafter.
[Ord. #01-1062, § 1]
This section shall be known as the "Five-Year Exemption and
Abatement Law for Commercial and Industrial Structures (Victoria Boulevard)."
[Ord. #01-1062, § 2]
The purpose of this section is to establish procedures whereby
qualified individuals and corporations may avail themselves of the
property tax exemptions and abatements which the Borough of Tinton
Falls is permitted by law to grant pursuant to Chapter 441, Laws of
New Jersey, 1991.
[Ord. #01-1062, § 3]
The specific area covered by this section is:
That area known and designated as Block 135, Lots 1.01, 4 and
6.01.
Victoria Boulevard has been partially constructed from Route
33 to Route 66. The Borough's Master Plan calls for the completion
of Victoria Boulevard from Route 33 to Essex Road. The intent of this
section is to complete Victoria Boulevard which substantially will
enhance the development of the vacant and/or under utilized properties
in and around Victoria Boulevard, Route 33, Route 66 and Essex Road.
Such development will provide significant tax ratables and significant
development without creating undue traffic congestion. The owner of
Block 135, Lots 1.01, 4 and 6.01 is prepared to contribute substantially
all of the monies necessary for construction of the overpass over
Route 66 thereby connecting Victoria Boulevard north and south of
Route 66 not provided by NJDOT, and various Route 66 improvements,
provided it receives the tax abatement provided for in this section.
[Ord. #01-1062, § 4]
Terms as used in this section:
Shall mean that portion of the assessed value of a property,
as it existed prior to construction, improvement or conversion of
a building or structure thereon, which is exempt from taxation pursuant
to this section.
Shall mean that area within the subject area described in subsection 3-35A.3 of this section which has been determined to be an area in need of rehabilitation, redevelopment or development pursuant to law in which a significant portion of residential, commercial and industrial structures are in a deteriorated or substandard condition; there exists a continuing pattern of property tax arrearage and vacant or underutilized properties; and, where a program of rehabilitation, improvement, and new in-fill development will prevent further deterioration and/or promote the overall development of the municipality.
Shall mean the officer of the Borough of Tinton Falls charged
with the duty of assessing real property for the purpose of general
taxation.
Shall mean a structure or part thereof used for the manufacturing,
processing or assembling of material or manufactured products, or
used for research, hotel, office, industrial, commercial, retail,
recreational, or warehousing purposes, or for any combination thereof,
which the governing body determines will tend to maintain or provide
gainful employment within the Borough; assist in the economic development
of the Borough; maintain or increase the tax base of the Borough;
and maintain or diversify and expand commerce within the Borough.
It shall not include any structure or part thereof used or to be used
by any business relocated from another qualifying municipality.
Shall mean substantially ready for the intended use for which
a building or structure is constructed, improved or converted.
Shall mean the provision of a new commercial or industrial
structure, or the enlargement of the volume of an existing commercial
or industrial structure by more than 30%, but shall not mean the conversion
of an existing building or structure to another property class use.
Shall mean the alteration or renovation of a building or
structure in such manner as to convert the building or structure from
its previous use to use as a commercial or industrial structure.
Shall mean only the cost or fair market value of direct labor
and materials used in improving, converting or constructing a building
or structure including any architectural, engineering, and contractor's
fees associated therewith, as the owner of the property shall cause
to be certified to the governing body by an independent and qualified
architect, following the completion of the project.
Shall mean that portion of the assessor's full and true value
of any improvement, conversion, alteration, or construction not regarded
as increasing the taxable value of a property pursuant to this section.
Shall mean a modernization, rehabilitation, renovation, alteration
or repair which produces a physical change in an existing building
or structure that improves the safety, sanitation, decency or attractiveness
of the building or structure as a place for work. In the case of a
commercial or industrial structure, it shall not include ordinary
painting, repairs and replacement of maintenance items, or an enlargement
of the volume of an existing structure by more than 30%. In no case
shall it include the repair of fire or other damage to a property
for which payment of a claim was received by any person from an insurance
company at any time during the three-year period immediately preceding
the filing of an application pursuant to this section.
[Ord. #01-1062, § 5]
Improvements.
a.
This section authorizes an exemption from taxation of improvements
to commercial and industrial structures as defined herein. This exemption
shall be granted only by the governing body on an individual basis
after review, evaluation and approval of each application.
b.
With regard to exemption from taxation of improvements to commercial
or industrial structures, the municipality shall regard, in determining
the value of real property, the assessor's full and true value of
the improvements as not increasing the value of the property for a
period of five years notwithstanding that the value of the property
to which the improvements are made is increased thereby. During the
exemption period, the assessment on the property shall not be less
than the assessment thereon existing immediately prior to the improvements,
unless there is damage to the structure through action of the elements
sufficient to warrant a reduction.
c.
Upon the timely receipt of a completed application, the governing
body may approve a tax agreement providing for the tax phase-in for
the value of the improvements as cited by the Assessor, or an alternate
taxing method if it is in the public interest.
[Ord. #01-1062, § 6]
New Construction.
a.
This section authorizes the granting of tax abatement and exemption
for new construction of commercial and industrial structures as defined
herein.
b.
Upon the timely receipt of a completed application, the governing body shall approve a tax agreement as provided for in subsection 3-35A.8 of this section, provided however applicant shall have provided substantially all of the funds not provided by New Jersey Department of Transportation for the Route 66 improvements.
[Ord. #01-1062, § 7]
With regard to tax exemption and abatement for improvements
to, or for new construction of, commercial or industrial structures
all applicants shall provide the governing body with an application
setting forth:
a.
A general description of the project for which exemption and abatement
is sought;
b.
A legal description of all real estate necessary for the project;
c.
Plans, drawings and other documents as may be required by the governing
body to demonstrate the structure and design of the project;
d.
A description of the number, classes and/or types of employees to
be employed at the project site within two years of completion of
the project;
e.
A statement of the reasons for seeking tax exemption and abatement
on the project, including statement of the funds advanced for the
Route 66 Overpass improvements, and a description of the benefits
to be realized by the applicant if a tax agreement is granted;
f.
Estimates of the cost of completing such project;
g.
A statement showing (1) the real property taxes currently being assessed
at the project site; (2) estimated tax payments that would be made
annually by the applicant on the project during the period of the
agreement; and (3) estimated tax payments that would be made by the
applicant on the project during the first full year following the
termination of the tax agreement;
h.
A description of any lease agreements between the applicant and proposed
users of the commercial or industrial project, and a history and description
of the users' businesses;
i.
Such other pertinent information as the governing body may require.
[Ord. #01-1062, § 8]
On approval by the governing body of a tax agreement for a particular
project, the governing body may enter into a written agreement with
the applicant for the exemption and abatement of local real property
taxes. The agreement shall provide for the applicant to pay to the
municipality in lieu of full property tax payments in an amount annually
to be computed by one, but in no case a combination, of the following
formulas:
a.
Tax Phase-In Basis. The agreement may provide for the applicant to
pay to the municipality in lieu of full property tax payments an amount
equal to a percentage of taxes otherwise due, according to the following
schedule:
1.
In the first full tax year after completion, no payment of the increased
taxes otherwise due as a result of the improvement or construction;
2.
In the second tax year, an amount not less than 20% of the tax increase
otherwise due as a result of the improvement or construction;
3.
In the third tax year, an amount not less than 40% of the tax increase
otherwise due as a result of the improvement or construction;
4.
In the fourth tax year, an amount not less than 60% of the tax increase
otherwise due as a result of the improvement or construction;
5.
In the fifth tax year, an amount not less than 80% of the tax increase
otherwise due as a result of the improvement or construction.
b.
Costs Basis. In the alternative, the agreement may provide for the
applicant to pay to the municipality in lieu of full property tax
payments an amount equal to 2% of the cost of the project. For the
purposes of the agreement, "the cost of the project" means only the
cost or the fair market value of direct labor and all materials used
in the construction, expansion or rehabilitation of all buildings,
structure, and facilities at the project site, including the costs,
if any, of land acquisition and land preparation, provision of access
roads, utilities, drainage facilities, and parking facilities, together
with architectural, engineering, legal, surveying, testing, and contractors'
fees associated with the project; which the applicant shall cause
to be certified and verified to the governing body by an independent
and qualified architect, following completion of the project.
c.
Gross Revenue Basis. As another alternative, the agreement may provide
for the applicant to pay to the municipality in lieu of full property
tax payments an amount annually equal to 15% of the annual gross revenues
from the project. For the purposes of the agreement, "annual gross
revenues" means the total annual gross rental and other income payable
to the owner of the project from the project. If in any leasing, any
real estate taxes or assessments on property included in the project,
any premiums for fire or other insurance on or concerning the property
included in the project, or any operating or maintenance expenses
ordinarily paid by the landlord, are to be paid by the tenant, then
those payments shall be computed and deemed to be part of the rent
and shall be included in the annual gross revenue. The tax agreement
shall establish the method of computing the revenues and may establish
a method of arbitration by which either the landlord or tenant may
dispute the amount of payments so included in the annual gross revenue.
[Ord. #01-1062, § 9]
a.
All tax agreements entered into under this section shall be in effect
for no more than five full tax years following the date of completion
of the project.
b.
All projects subject to a tax agreement as provided herein shall
be subject to all applicable Federal, State and local laws and regulations
on pollution control, worker safety, discrimination in employment,
housing provisions, zoning, planning and building code requirements.
c.
That percentage which the payment in lieu of taxes for a property
bears to the property tax which would have been paid had an exemption
and abatement not been granted for the property under the agreement
shall be applied to the valuation of the property to be included in
the valuation of the municipality for determining equalization for
County tax apportionment and school aid during the term of the tax
agreement for a property the reduced valuation procedure required
under this section shall no longer apply.
d.
Within 30 days after the execution of a tax agreement, the Borough
Clerk shall forward a copy of the agreement to the Director of the
Division of Local Government Services and the Department of Community
Affairs and to such other officials or agencies that the governing
body may direct.
[Ord. #01-1062, § 10]
a.
If during any tax year prior to the termination of the tax agreement,
the property owner ceases to operate or disposes of the property,
or fails to meet the conditions for qualifying, then the tax that
would have otherwise been payable for each tax year shall become due
and payable from the property owner as if no exemption and abatement
had been granted. The governing body shall notify the property owner
and Tax Collector forthwith and the Tax Collector shall within 15
days thereof notify the owner of the property of the amount of taxes
due.
However, with respect to the disposal of the property, where
it is determined that the new owner of the property will continue
to use the property pursuant to the conditions which qualified the
property, no tax shall be due, the exemption and abatement shall continue,
and the agreement shall remain in effect.
b.
At the termination of a tax agreement, a project shall be subject
to all applicable real property taxes as provided by State law and
regulation and local ordinance; but nothing herein shall prohibit
a project, at the termination of an agreement, from qualifying for
and receiving the full benefits of any other tax preferences provided
by law.
[Ord. #01-1062, § 11]
The Borough Assessor shall determine, on October 1 of the year
following the date of the completion of an improvement, conversion
or construction, the true taxable value thereof. Except for projects
subject to tax agreement, pursuant to this section, the amount of
tax to be paid for the first full tax year following completion shall
be based on the assessed valuation of the property for the previous
year, minus the amount of the abatement, if any, allowed pursuant
to this section, plus any portion of the assessed valuation of the
improvement, conversion or construction not allowed an exemption pursuant
to this section. The property owner shall continue to be treated in
the appropriate manner under the terms of this section and the tax
agreement, if any, for each of the five full tax years subsequent
to the original determination by Borough Assessor.
[Ord. #01-1062, § 12]
Any additional improvement, conversion or construction, completed
on a property granted a previous exemption or abatement pursuant to
this section during the period in which such previous exemption or
abatement is in effect, shall be qualified for an exemption, or exemption
and abatement, just as if such property had not received a previous
exemption or abatement. In such case, the additional improvement,
conversion or construction shall be considered as separate for the
purposes of calculating exemptions and abatements pursuant to this
section, except that the assessed value of any previous improvements,
conversion or construction shall be added to the assessed valuation
as it was prior to that improvement, conversion, alteration or construction
for the purpose of determining the assessed valuation of the property
from which any additional abatement is to be subtracted.
[Ord. #01-1062, § 13]
No exemption or abatement shall be granted, or tax agreement
entered into, pursuant to this section with respect to any property
for which property taxes are delinquent or remain unpaid, or for which
penalties for nonpayment of taxes are due.
[Ord. #01-1062, § 14]
No exemption or abatement shall be granted pursuant to this
section except upon written application filed with and approved by
the Borough Tax Assessor. Every application shall be on a form prescribed
by the Director of the Division of Taxation in the Department of Treasury,
and provided for the use of claimants by the Borough of Tinton Falls
and shall be filed with the Borough Assessor within 30 days, including
Saturdays and Sundays, following the completion of the improvements,
conversion, alteration or construction and/or issuance of a certificate
of occupancy, whichever occurs first. Every application for exemption,
or exemption and abatement, which is filed within the time specified,
shall be approved and allowed by the assessor and governing body to
the degree that the application is consistent with the provisions
of the adopting ordinance or the tax agreement, provided that the
improvement, conversion, alteration or construction for which the
application is made qualified as an improvement, conversion, alteration
or construction pursuant to the provisions of this section and the
tax agreement, if any. The granting of an exemption, or exemption
and abatement, or tax agreement shall be recorded and made a permanent
part of the official tax records of the Borough, which record shall
contain a notice of the termination date thereof.
[Ord. #01-1062, § 15]
The exemption and abatement of real property taxes pursuant
to this section shall apply to the property taxes levied for municipal
purposes, school purposes, County government purposes and for the
purposes of funding any other property tax exemptions or abatements.
[Ord. #01-1062, § 16]
The Borough Tax Collector shall include a notice describing
the exemption program or exemption and abatement program provided
for by this section and the application procedure therefor, in the
mailing of annual property bills to each owner of property located
in an area in which exemptions, or exemptions and abatements, may
be allowed pursuant to this section during the first year following
adoption of the section.
[Ord. #01-1062, § 17]
The Tax Assessor shall report, on or before September 1 of each
year, to the Mayor and Council as to the total amount of real property
taxes exempted and the total amount abated within the Borough in the
current tax year under this section.
The report shall state, for the current tax year, the total
amount of payments made in lieu of taxes according to the formula
utilized by the Borough and the difference between that total amount
and the total amount of real property taxes which would have been
paid on the project had the tax agreement not been in effect.
[Ord. #01-1062, § 18]
No exemption or abatement granted by any prior ordinance or
law shall be affected or terminated by this section, but shall remain
in effect for the time and under the terms granted as if the ordinance
had not been superseded or repealed.
[Ord. #01-1062, § 19]
If any provision of this section or the application of such
provision to any person or circumstance is declared invalid, such
invalidity shall not affect the other provisions or applications of
this section which can be given effect, and to this end, the provisions
of this section are declared to be severable.
[Ord. #01-1062, § 20]
This section shall take effect immediately, and exemptions and
abatements may be granted, and tax agreements entered into, for the
first full tax year commencing after enactment and for tax years thereafter.
[Ord. #02-1081, § I]
The purpose of this section is to establish a procedure for
the inspection and reproduction of government records by the public.
[Ord. #02-1081, § I]
As used in this section:
Shall mean the form which shall be adopted by the custodian
of government records for use by any person who requests access to
government records.
Shall mean the Borough Clerk.
Shall mean any information subject to public inspection which
is maintained by the Borough in written, audio, video, electronic
or other form.
Shall mean any person who requests access to a government
record pursuant to this section or the State Law on Examination and
Copies of Public Records, N.J.S. 47:1A-1 et seq.
Shall mean a charge, in addition to the actual cost of duplicating
the government record(s), which shall reflect the expense associated
with extensive use of Borough information, technology or resources,
or the extensive clerical or supervisory assistance by Borough personnel
necessary to provide access to the record(s).
[Ord. #02-1081, § I]
The custodian of government records shall adopt an access form
for use by a requestor and shall make recommendations to the Borough
Council regarding the appropriate fees to be charged for access to
and copies of government records. The access form shall contain all
information required by N.J.S. 47:1A-5f.
[Ord. #02-1081, § I; Ord. #10-1298]
a.
Unless otherwise provided by law, the fees for copies of government
records shall be based on reasonably approximated actual costs, excluding
labor and overhead. Fees are to be arrived at by the Borough Clerk
based on data provided by the Borough's Chief Financial Officer and/or
Purchasing Agent. Reasonably approximated actual costs may be ascertained
by calculating the cost of paper, toner or ink, copier leases, maintenance
contracts, repair costs outside of such contracts, and other related
but readily identifiable expenses associated with the operation and
maintenance of copying or related equipment amortized over the course
of the most recent fiscal or calendar year divided by the actual or
estimated usage of the copying or related equipment. The data and
calculations utilized to amortize such costs shall be re-examined
annually to ensure reasonable accuracy. The resulting copying fees
shall be published on the Borough's website and at the Borough Clerk's
office. Costs associated with the production of copies of any nonstandard
media, such as, larger scale documents, maps, plans, photographs,
books or bound publications, and forms of electronically recorded
medial, shall be determined on an as-provided basis based on the reasonably
approximated actual costs associated with producing copies of the
same. Actual postage rates shall be assessed to any records sent through
the mail or other private delivery service.
b.
Extraordinary service charges shall be applied for any extensive
use of information technology or for the labor cost of personnel providing
the service that is actually incurred by the Borough for the programming,
clerical and supervisory assistance required to provide a government
record in the medium requested if it is not a medium routinely used
by the Borough, not routinely developed or maintained by the Borough,
or requiring a substantial amount of manipulation or programming of
information. This rate shall be $45 per hour for supervisory or programming
and $35 per hour for clerical.
[Ord. #02-1081, § I]
All government records shall be subject to the provisions of
this section unless otherwise provided by law or regulation. Any officer
or employee of the Borough who receives a request for access to a
government record shall forward the request or direct the requestor
to the custodian of government records.
[Ord. #02-1081, § I]
The access form to be adopted by the custodian of government
records shall elicit the name, address and phone number of the requestor
and a brief description of the government record(s) requested and
shall also include, but not limited to, the following:
a.
Space for the custodian to indicate which record(s) shall be made
available;
b.
Specific directions and procedures for requesting records;
c.
The fee schedule;
d.
A statement whether a prepayment of fees or a deposit is required;
e.
The time period in which access will be provided;
f.
A statement of the requestor, a right to appeal a decision by the
custodian denying access and the procedure for appealing such decision;
g.
Space for the custodian to list the reasons for any denial of a request
for access including a citation of the authorization for such denial;
and
h.
Space for the custodian to sign and date the access form upon its
completion.
[Ord. #07-1228, § 1; Ord. #09-1262, § 1]
As used in this section, the following terms shall have the
meanings intended:
Shall mean all full-time, part-time and seasonal employees
of the Borough of Tinton Falls Division of Recreation.
Shall mean program, including but limited to nonprofit youth-serving
organizations as defined below, which receives benefits either directly
or indirectly, including but not limited to the provision of funding
and/or the provision of fields, facilities and/or equipment (and including
the maintenance of same) from the Borough of Tinton Falls.
Shall mean a determination of whether a person has a criminal
record by cross-referencing that person's name and fingerprints, if
applicable, with those on file with the Federal Bureau of Investigation
Division and the State Bureau of Identification in the Division of
State Police.
Shall mean a corporation, association, or other organization
established pursuant to Title 15 of the Revised Statutes, Title 15A
of the New Jersey Statutes or other law of the State, but excluding
public and nonpublic schools, and which provides recreational, cultural,
charitable, social or other activities or services for persons younger
than 18 years of age, and is exempt from federal income taxes.
Shall mean a three-member committee consisting of the Director
of Recreation or designee, Township Administrator or designee and
Chief of Police or designee.
The Committee shall be charged with the review of all appeals
of any Borough employee or volunteer whose criminal history background
check reveals a disqualifying criminal conviction.
Shall mean recreation programs run directly by the Borough
of Tinton Falls Division of Recreation, including oversight, control
and/or fiscal contribution.
Shall mean the entity located within the New Jersey State
Police responsible for retrieving criminal background information
on individuals as requested by state, local or private entities.
Shall mean any person involved with coaching or supervising
participants in a nonprofit youth-serving organization, whether the
title is coach, manager or another title consistent with those terms.
Shall mean the unit located within the State Bureau of Identification
that is responsible for administering criminal background checks for
volunteer coaches as specified in this section.
[Ord. #07-1228, § 2]
a.
The Borough of Tinton Falls requires that all volunteer coaches of
nonprofit youth-serving organizations involved in sponsored or cosponsored
programs request through the Borough of Tinton Falls Division of Recreation
that the State Bureau of Identification and the Federal Bureau of
Identification ("FBI") conduct a criminal history record background
on each prospective and current volunteer coach of nonprofit youth-servicing
organizations in accordance with N.J.A.C. 13:59-1.1 et seq. and with
the procedures and guidelines adopted by the VRO. No person will be
permitted to act as a volunteer coach until the results of the background
checks have been received and reviewed by the Director of Recreation.
b.
The Borough shall conduct a criminal history record background check
only upon receipt of the written consent for a check from the prospective
or current volunteer coach.
c.
Any prospective or current volunteer coach of a nonprofit youth-serving
organization who refuses to consent to this procedure shall not be
permitted to participate in any sponsored or cosponsored programs
involving nonprofit youth-serving organizations.
d.
The Borough shall bear the costs associated with conducting criminal
history record background checks for prospective or current volunteer
coaches for Borough-sponsored programs, and all other nonprofit youth-serving
organizations shall bear the costs for conducting checks for prospective
or current volunteer coaches participating in cosponsored programs
in accordance with the regulations established by VRO.
e.
The Director of the Borough of Tinton Falls Division of Recreation
may set forth policies and procedures which shall not be inconsistent
with this section.
f.
The VRO shall advise the Director of Division of Recreation of the
eligibility of the prospective or current volunteer coach under the
Law. Any information received by the Director of Recreation shall
be confidential.
g.
Criminal history background checks will be performed for individuals
under the age of 18 in accordance with N.J.A.C. 13:59-1.1 et seq.
and with the procedures and guidelines adopted by the VRO.
[Ord. #07-1228, § 3]
a.
A person may be disqualified from serving as a volunteer coach of
a nonprofit youth-serving organization if that person's criminal history
record background check reveals a disqualifying record in accordance
with the provisions of N.J.S.A. 15A:3A-1 et seq.
b.
In any other State or jurisdiction, conduct which, if committed in
New Jersey, would constitute a disqualifying record in accordance
with N.J.S.A. 15A:3A-1 et seq. may also constitute grounds for disqualification.
[Ord. #07-1228, § 4; Ord. #09-1262, § 4]
a.
Prospective or current volunteer coaches of nonprofit youth-serving
organizations for cosponsored programs shall submit their names, addresses,
fingerprints, (if requested by the Borough), written consent, and
any other necessary information to the organization for the criminal
history record background check to be performed. The organization
shall submit this documentation to the Director of Recreation, who
shall coordinate the background check and refer the information to
the State Bureau of Investigation for the background check. The Director
of Recreation or designee shall be responsible for obtaining the above
information for all prospective and current volunteer coaches for
all nonprofit youth-serving organizations, both sponsored and cosponsored
programs. Thereafter, all information required for subsequent background
checks shall be submitted to the Borough of Tinton Falls Division
of Recreation, who shall coordinate criminal background checks every
24 months to 36 months, not to exceed 36 months after the date of
the initial check.
b.
The Borough of Tinton Falls Division of Recreation shall act as a
clearinghouse for the collection and dissemination of information
obtained as a result of conducting criminal history record background
checks pursuant to this section.
[Ord. #07-1228, § 5]
a.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to the
members of the Review Committee, authorized by Federal or State statute,
rule or regulations, executive order, administrative code, local ordinance
or resolution regarding obtaining and disseminating of criminal history
record information obtained under this section.
b.
The Review Committee shall limit its use of criminal history record
information solely to the authorized person for which it was obtained,
and criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. Use of this record shall be limited solely
to the authorized purpose for which it was given, and it shall not
be disseminated to any unauthorized persons. Any person violating
Federal or State regulations governing access to criminal history
record information may be subject to criminal and/or civil penalties.
[Ord. #07-1228, § 6]
a.
The VRO shall make a recommendation based on the provisions of N.J.S.A.
15A:3A-1 et seq. as to whether the prospective or current volunteer
coach is being recommended. The VRO will provide the Director of Recreation
with a letter of recommendation or non-recommendation for each individual
for whom the VRO completed a background check.
b.
The Director of Recreation shall promptly notify a prospective or
current volunteer coach who receives a letter of non-recommendation
from the VRO. Individuals who receive a letter of non-recommendation
from the VRO will not be permitted to participate as a volunteer coach.
Such individuals may obtain a copy of their criminal history record
by contacting the VRO in writing. The individuals shall then have
30 days from the receipt of notification from the Director of Recreation
to petition the Review Committee for a review and to cite reasons
substantiating the review.
c.
Individuals who receive a letter of non-recommendation from the VRO
may be permitted to serve as a volunteer coach if they affirmatively
demonstrate rehabilitation to the Review Committee. In determining
whether a person has affirmatively demonstrated clear and convincing
evidence of rehabilitation, the Review Committee may consider the
following factors in conjunction with the provisions of N.J.S.A. 15A:3A-1.
et seq.
1.
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be.
2.
The nature and seriousness of the offense.
3.
The circumstances under which the offense occurred;
4.
The date of the offense;
5.
The age of the person when the offense was committed;
6.
Whether the offense was an isolated or repeated incident;
7.
Any social conditions which may have contributed to the offense;
and
8.
Any evidence of rehabilitation, including good conduct in prison
or the community; counseling or psychiatric treatment received; acquisition
of additional academic or vocational schooling; successful participation
in correctional work release programs or the recommendation of those
who have had the person under their supervision.
d.
In all instances, the final determination of whether an individual
will be permitted to serve as a volunteer coach will be in the sole
discretion of the Review Committee.
e.
The Review Committee shall promptly advise the prospective or current
volunteer coach whether he or she is qualified to serve as a volunteer
coach.
f.
When the Director of Recreation receives a letter of non-recommendation
from the VRO, the Director of Recreation may file that letter with
the Borough of Tinton Falls Police Department.
g.
The Borough of Tinton Falls Police Department shall keep the written
notification on file for three years from the date it was issued.
h.
The Director of Recreation may request the Borough of Tinton Falls
Police Department to review its files to determine if there is written
notification on the file stating whether a criminal history record
background check of a current or prospective volunteer coach reveals
a disqualifying offense or stating that the person has affirmatively
demonstrated rehabilitation under this section.
i.
No person or entity shall be held liable in any civil or criminal
action brought by any party based on any written notification on file
with the Borough of Tinton Falls Police Department pursuant to the
provisions of this section.
[Ord. #07-1228, § 7]
a.
The Borough of Tinton Falls requires that all prospective and current
Borough employees, as defined in this section, submit to a criminal
history record background check in accordance with N.J.A.C. 13:49-1.1
et seq. and with the procedures and guidelines adopted and set forth
by the State Bureau of Identification and the Borough of Tinton Falls
Director of Recreation.
b.
The Borough shall conduct a criminal history record background check
only upon receipt of the written consent for check from the prospective
or current Borough employee.
c.
Any prospective or current Borough employee who refuses to consent
to the provisions of this section shall not be permitted to be employed
by the Borough as an employee.
d.
The Borough shall bear all costs associated with conducting criminal
history record background checks for prospective or current Borough
employees.
e.
The Director of the Borough of Tinton Falls Division of Recreation
may set forth policies and procedures which shall not be inconsistent
with this section.
f.
The Borough of Tinton Falls Director of Recreation will be responsible
for providing information to prospective or current Borough employees
covered by this section concerning the appropriate authority to contact
for the background check. That authority shall then conduct a criminal
history background check in accordance with State and Federal guidelines.
g.
The authority conducting the background check shall forward the results
of each criminal background check to the Borough of Tinton Falls Police
Department, which shall make a determination as to an individual's
eligibility to be employed as a Borough employee in accordance with
this section, pursuant to the parameters outlined in N.J.S.A. 15A:3A-1
et seq. All information received by the Borough of Tinton Falls Police
Department shall be and remain confidential.
h.
Criminal history background checks will be performed for individuals
under the age of 18 in accordance with N.J.A.C. 13:59-1.1 et seq.
and with the procedures and guidelines adopted by the State Bureau
of Identification.
[Ord. #07-1228, § 8]
a.
A person may be disqualified from serving as a Borough employee if
that person's criminal history record background check reveals a disqualifying
record in accordance with the provisions of N.J.S.A. 15A:3A-1 et seq.
b.
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute a disqualifying record in accordance
with N.J.S.A. 15A:3A-1 et seq. may also constitute grounds for disqualification.
[Ord. #07-1228, § 9]
Prospective or current Borough employees shall submit their
names, addresses, fingerprints, written consent and any other necessary
information for the criminal history record background check to the
agency designated by the Borough to conduct background checks. The
Borough of Tinton Falls Director of Recreation shall be responsible
for coordinating the background checks with prospective or current
Borough employees. Thereafter, all subsequent background checks shall
be coordinated by the Borough of Tinton Falls Police Department every
24 months to 36 months, not to exceed 36 months after the date of
the initial check.
a.
The Borough of Tinton Falls Police Department shall act as a clearinghouse
for the collection and dissemination of information obtained as a
result of conducting criminal history record background checks pursuant
to this section.
[Ord. #07-1228, § 10]
a.
Access to criminal history record information for noncriminal justice
purposes, including employment, is restricted to the members of the
Review Committee, as authorized by Federal or State statute, rule
or regulation, executive order, administrative code, local ordinance
or resolution regarding obtaining and disseminating of criminal history
record information obtained under this section.
b.
The Review Committee shall limit its use of criminal history record
information solely to the authorized person for which it was obtained,
and criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. Use of this record shall be limited solely
to the authorized purpose for which it was given, and it shall not
be disseminated to any unauthorized persons. Any person violating
Federal or State regulations governing access to criminal history
record information may be subject to criminal and/or civil penalties.
[Ord. #07-1228, § 11]
a.
The authority conducting the background check shall forward the results
of its criminal history record background check to the Chief of Police
of the Borough of Tinton Falls Police Department or his designee.
The Chief of Police or his designee shall then provide the Borough
of Tinton Falls Director of Recreation with a determination as to
whether to hire or retain a prospective or current Borough employee,
as appropriate, in accordance with the provisions of this section.
b.
The Director of Recreation shall promptly notify a prospective or
current Borough employee who receives a non-hire recommendation from
the Chief of Police or his designee. Individuals who receive a non-hire
recommendation from the Police Chief or his designee will not be permitted
to be employed, Such individuals may obtain a copy of their criminal
history record by contacting the State Bureau of Investigation in
writing. Such individuals will have 30 days from the receipt of the
official notice from the Director of Recreation to petition the Review
Committee for a review and to cite reasons substantiating the review.
c.
Individuals who receive a non-hire recommendation from the Police
Chief or his assignee may be permitted to be employed as a Borough
employee if they affirmatively demonstrate rehabilitation to the Review
Committee. In determining whether a person has affirmatively demonstrated
clear and convincing evidence of rehabilitation, the Review Committee
may consider the following factors:
1.
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
2.
The nature and seriousness of the offense;
3.
The circumstances under which the offense occurred;
4.
The date of the offense;
5.
The age of the person when the offense was committed;
6.
Whether the offense was an isolated or repeated incident;
7.
Any social conditions which may have contributed to the offense;
and
8.
Any evidence of rehabilitation, including good conduct in prison
or the community, counseling or psychiatric treatment received, acquisition
of additional academic or vocational schooling, successful participation
in correctional work release programs or the recommendation of those
who have had the person under their supervision.
d.
In all instances, the final determination of whether an individual
will be permitted to work as an employee of the Borough of Tinton
Falls will lie in the sole discretion of the Review Committee,
e.
The Review Committee shall promptly advise the prospective or current
Borough employee whether he or she is qualified to be employed as
such.
f.
The Borough of Tinton Falls Police Department shall keep the results
of criminal history record background checks on file for three years
from the date such results were received by the Department.
g.
The Director of Recreation may request the Police Department of the
Borough of Tinton Falls to review its files to determine if there
is written notification on file stating whether a criminal history
record background check of a current or prospective Borough employee
reveals a disqualifying offense or stating that the person has affirmatively
demonstrated a rehabilitation under this act.
h.
No person or entity shall be held liable to any civil or criminal
action brought by any party based on any written notification on file
with the Borough of Tinton Falls Police Department to the provisions
of this chapter.
[Ord. #07-1233]
The purpose and intent of these regulations is to abide by the
requirements of the N.J.S.A. 52:27D-20.1 and N.J.A.C. 5:30-17.1 et
seq., governing electronic disbursement controls for payroll purposes.
[Ord. #07-1233, § 44.1]
Shall mean person(s) responsible for authorizing and supervising
the activities of the payroll service.
Shall mean the Borough of Tinton Falls.
Shall mean third party payroll service organization.
[Ord. #07-1233, § 44.2]
a.
The Borough is authorized to use a payroll service:
1.
To prepare the necessary payment documentation and execute disbursements
from the local unit's bank account on behalf of the local unit;
2.
To prepare payment documentation, take possession of local unit funds,
and make such disbursements itself on behalf of a local unit; or
3.
Any combination of paragraphs a1 and 2.
b.
The following payroll service providers shall be required to comply
with these regulations:
[Ord. #07-1233, § 44.3]
a.
The appointment of a payroll service shall be pursuant to the local
public contracts law, and shall require the contractor to do the following,
not by way of limitation: data collection, agency report preparation,
calculation of withholding, direct deposit of payroll disbursements,
and/or local unit transfer of funds to contractor's account for subsequent
disbursement of payment.
b.
Any renewal or extension of a contract under these regulations shall
be by resolution.
c.
The Borough Administrator is hereby appointed the approval officer,
and is responsible for authorizing and supervising the activities
of the payroll service, and the Chief Financial Officer shall be charged
with the reconciliation and analysis of all general ledger accounts
affected by the activities of the disbursing organization.
d.
If required by the contract between the Borough and payroll service,
the payroll service is permitted to hold Borough funds pending transmittal
to payee.
[Ord. #07-1233, § 44.4]
a.
A payroll service must meet all of the following requirements:
1.
Report any irregularities that may indicate potential fraud, noncompliance
with appropriate laws, dishonesty or gross incompetence on the part
of the approval officer.
2.
Report circumstances that could jeopardize its ability to continue
operations or otherwise interrupt the services provided to the Borough.
b.
A payroll service must meet the requirements of N.J.A.C. 5:30-17.5-5.
c.
All contracts entered into pursuant to these regulations and the
laws authorizing same shall comply with the requirements of N.J.A.C.
5:30-17.6.
[Ord. #07-1233, § 44.5]
Upon the adoption of these regulations, the Borough Administrator,
with the assistance of the Chief Financial Officer and the Director
of Law, as necessary, is hereby authorized and directed to enter into
a contract for payroll service in accordance with all local public
contracting laws and N.J.A.C. 5:30-17. Appointment of the payroll
service shall be by separate resolution of the Borough.
[Ord. #10-1288, § 1]
The following terms as used in this section shall have the meaning
set forth below unless the context within which the term is used clearly
provides for a different meaning:
Shall mean any appointed position within the Borough, which
is created either by statutory law or by ordinance or resolution.
Examples of such positions are a member of any board, commission,
agency, council or committee of the municipality.
Shall mean the official or body that by virtue of statutory
law or by ordinance or resolution is given the authority to appoint
a person to hold a particular appointed municipal position.
[Ord. #10-1288, § 2]
The Borough Clerk shall cause a Register of Appointed Municipal
Positions to be prepared and maintained in conformance with N.J.S.A.
40A:9-9.2a. Such Register shall be made available on the Borough's
website and at the Borough Clerk's Office.
[Ord. #10-1288 § 3]
The Borough Clerk shall maintain an application form to be completed
by any eligible person interested in serving in an appointed municipal
position in conformance with the provisions of N.J.S.A. 40A:9-9.2b(2).
[Ord. #10-1288, § 4]
The Borough Clerk shall maintain all filed Citizen Leadership
Forms in a file, binder, or accessible electronic format segregated
for each authority, board or commission for a period not to exceed
three years, or pursuant to applicable records retention statutes
and regulations.
[Ord. #10-1288, § 5]
a.
A vacancy shall be determined to exist on any Borough board, committee,
commission, authority or other applicable municipal agency, whenever
a member, without being excused by a majority of the authorized members
of such body, fails to attend and participate at meetings of such
body for a period of six consecutive weeks, or for three consecutive
regular meetings, whichever shall be of longer duration.
b.
The applicable body upon which such a vacancy has been determined
to have occurred shall notify the appointing authority in writing
of such determination; provided, however, that such a vacancy is not
due to a legitimate illness.
c.
Whenever a vacancy shall be deemed to have occurred pursuant to the
reason set forth under N.J.S.A. 40A:9-12.1 or pursuant to the terms
of this section, the appointing authority shall forthwith fill the
office for the unexpired term in the manner prescribed by law, ordinance
or resolution.
[Ord. No. 2016-1393 § 1]
Pursuant to N.J.S.A. 54:4-3.30 et seq., all qualified 100% disabled
veterans owning a taxable dwelling house in the Borough of Tinton
Falls shall be eligible for a property tax exemption upon completion
of the necessary application materials to be filed with the Borough's
Tax Assessor.
[Ord. No. 2016-1393 § 2]
a.
Pursuant to N.J.S.A. 54:4-3.32, it is the Borough's policy to only
provide refunds of any property taxes paid between the time of application
to the Borough Tax Assessor and the effective date of the tax exemption.
b.
Except that pursuant to N.J.S.A. 54:4-3.31, such exemptions shall
be prorated by the Borough's Assessor for the remainder of any taxable
year from the date the claimant shall have first acquired title to
eligible real property in the Borough intended to be exempt by law.
