[1975 Code § 2-19.4]
No purchase shall be made on behalf of the Borough unless a
purchase order has first been completed and approved according to
the requirements set forth herein.
[1975 Code § 2-19.5]
Each Department Head shall designate in writing to be filed
with the Purchasing Agent an employee within the Department who will
be authorized to submit purchase orders to the Department Head and
the Purchasing Agent.
[1975 Code § 2-19.6]
Each purchase order shall be signed by the Department Head thereby
certifying the need for the purchase.
[1975 Code § 2-19.7]
Each purchase order shall be submitted by the Department Head
or his designated employee in the Department for which the purchase
is being made to the Purchasing Agent who shall review the budget
and the account for the Department for which the purchase is being
made to determine if there are sufficient funds to make the purchase.
If there are sufficient funds to make the purchase, the Purchasing
Agent shall sign the order certifying the availability of the funds.
[1975 Code § 2-19.8]
The purchase order approved by the Department Head and Purchasing
Agent may then be presented to the vendor as authority to make the
purchase described therein.
[1975 Code § 2-19.9]
The purchase order shall consist of an original and three copies
to be processed as follows:
a.
The original and first copy to be presented to the vendor.
b.
The first copy when signed by the vendor shall constitute a voucher
to be submitted to the Mayor and Council for approval for payment.
c.
The second copy shall be retained by the Purchasing Agent and the
third copy shall be retained in the Department for which the purchase
is made.
[1975 Code § 2-19.10]
When emergency repairs to equipment are required immediately
and either Department Head or Purchasing Agent or both are unavailable,
the employee who has been designated by the Department Head to submit
purchase orders may authorize the necessary repairs in an amount not
to exceed $150 without first obtaining the signature of whichever
official is unavailable. However, in the event such repairs are authorized
by the designated employee, the designated employee shall obtain the
signatures of the Department Head and Purchasing Agent within three
days of the date on which the repairs are authorized.
[1975 Code § 2-19.11]
a.
Any officer or employee who authorizes purchases on behalf of the
Borough without complying with the requirements hereof shall reimburse
the Borough in full for the cost of the purchases authorized by the
officer or employee.
b.
Failure to so reimburse the Borough shall be cause for the discharge
or suspension of the officer or employee where permitted by law.
c.
An officer or employee who makes a good faith attempt to comply with
the requirements set forth herein by reason of circumstances beyond
the control of the officer or employee shall not be required to reimburse
the Borough for the amount of the unauthorized purchase.
d.
This section shall not be construed to limit any right of civil action
which the Borough might have against the officer or employee to recover
the amount of the unauthorized purchases.
[1975 Code § 2-17.1]
Any person claiming payment from the Borough shall first submit
a detailed statement of the items or demand necessitating such claim
to the responsible executive agency, specifying particularly how the
bill or demand is made up, and a certification of the party claiming
payment that it is correct.
[1975 Code § 2-17.2]
No bill, claim or demand shall be considered for payment unless
the voucher has attached to it (or includes) a certification from
a designated Borough employee, having personal knowledge of the facts
that the goods have been received by, or the services rendered to
the Borough, and that those services or goods are consistent with
an existing contract or purchase order. The Chief Financial Officer
shall have the duty to audit, warrant and make recommendations on
all claims and bills.
[1975 Code § 2-17.3]
The bill or claim duly certified shall be presented to the Borough
Clerk for inclusion in the proceedings of the next formal meeting
of the Borough Council and it shall be the duty of the Clerk to examine
all bills or claims submitted for payment in order to ascertain if
proper administrative procedures have been followed. All claims or
bills to be considered by the Borough Council shall be listed systematically
and without preference and the list shall be made available to every
member of the Borough Council at least three full days prior to formal
action by that body.
[1975 Code § 2-17.4]
Claims shall be considered by the Council which shall approve
the same, except that the Borough Council may reject any claim presented
to it, stating the reason for such rejection. Any tie votes may be
broken by the vote of the Mayor. Any disapproved claim shall be referred
back to the Borough Clerk with such instructions as the Borough Council
may give at the time of disapproval.
[1975 Code § 2-17.5]
It shall be the duty of the Borough Clerk to record all claims
in the official minutes or through an appropriate claims register,
indicating that the Borough Council has by formal action approved
the same with appropriate records as to any claims disapproved or
rejected. All records pertaining to approved or disapproved bills
or claims shall be available for public inspection.
[1975 Code § 2-17.6]
The Chief Financial Officer shall make disbursements upon receipt
of an order by Borough Council, attested by the Borough Clerk. If
in the event that the Mayor vetoes the payment of any claims or bills,
the Chief Financial Officer may be authorized to make payment by a
vote of the Borough Council whereby at least two-thirds of all the
Council members vote to override such veto of any claim or bill.
[1975 Code § 2-17.7]
After the Clerk has certified that the claims have been approved,
the Clerk shall turn the same over to the Chief Financial Officer,
who shall forthwith prepare the necessary checks for the payment thereof,
which checks shall be signed by the Mayor and thereafter signed by
the Chief Financial Officer. After preparing checks for the payment
of claims, he shall record them in proper books of account and thereafter
mail the checks to the claimants.
[Ord. No. 3-98 § 1]
The purpose of this section is to regulate payment of fire insurance
proceeds on properties within the Borough of South Toms River.
[Ord. No. 3-98 § 2]
a.
No insurer issuing fire insurance policies in the State of New Jersey
which issues or renews any fire insurance policy after the adoption
of this section and the filing of same with the State Commissioner
of Insurance, shall pay to any claimant a sum in excess of $2,500
for fire damage on any real property located within the Borough of
South Toms River until such time as:
1.
All taxes and assessments and all other municipal liens and charges
due and payable to the Borough of South Toms River, as are indicated
on an official certificate of search for municipal liens, shall have
been paid in full; or
2.
The municipality submits to the insurance company a copy of a resolution
adopted pursuant to N.J.S.A. 17:36-11.
b.
However, if an appeal is taken on the amount of any lien or charge,
other than an appeal on an assessed valuation of real property, the
insurance company shall issue a draft payable to the court of record
pursuant to N.J.S.A. 17:36-10 in an amount totaling 75% of the full
amount of the lien or charge being contested, and the insurance company
shall issue a draft payable to the Borough of South Toms River for
the remaining 25% of the lien or charge being contested; provided,
however, that the amount paid by the insurance company to the court
and the municipality shall not exceed the proceeds payable under its
insurance policy.
c.
The provisions of this section are intended to be interpreted in
conjunction with N.J.S.A. 17:36-8 through N.J.S.A. 17:36-13, as amended.
The provisions of these statutes are herein incorporated by reference.
[Ord. No. 2-98 § 9]
Eligibility for services of the Municipal Public Defender shall
be determined by the Municipal Court on the basis of the need of the
defendant. Need shall be measured according to Section 14 of P.L.
1967, c. 43 and guidelines promulgated by the New Jersey Supreme Court.
In the event that a determination of eligibility cannot be made
before the time when the first services are to be rendered, or if
an initial determination is found to be erroneous, the Municipal Court
shall refer the defendant to the Municipal Public Defender provisionally,
and if subsequently it is determined that the defendant is ineligible
the Municipal Court shall inform the defendant, and the defendant
shall be obliged to engage his/her own counsel and to reimburse the
Borough for the cost of the service rendered to that time. The Municipal
Court shall make an investigation of the financial status of each
defendant seeking representation pursuant to this section, and shall
have the authority to require a defendant to execute and deliver written
requests or authorizations required under applicable law to provide
the Court with access to records of public or private sources, otherwise
confidential, as may be of aid in evaluating eligibility. The Court
is authorized to obtain information from any public record office
of the State or of any subdivision or agency thereof on request and
without of the fees ordinarily required by law.
Whenever a person entitled to representation by a Municipal
Public Defender pursuant to this section is under the age of 18 years,
the eligibility for services shall be determined on the basis of the
financial circumstances of the individual and the financial circumstances
of the individual's parents or legal guardians. The Borough shall
be entitled to recover the cost of legal services from the parents
or legal guardians as provided in this section, and the Municipal
Court shall have authority to require parents or legal guardians to
execute and deliver the written requests or authorization required
under applicable law in order to provide the Court with access to
records of public or private sources, otherwise confidential, as may
be of aid to it in evaluating eligibility.
If the defendant has or reasonably expects to have means to
meet some part, though not all, of the cost of the services rendered,
the defendant shall be required to reimburse the Borough, either by
a single payment or by installments in such amounts as he/she can
reasonably be expected to pay.
The Borough shall have a lien on any property to which the defendant
shall have or acquire an interest for an amount equal to the reasonable
value of the services rendered to a defendant pursuant to this section
as calculated at the same rate as the New Jersey Office of the Public
Defender bills clients at that time.
The Borough may attempt to effectuate such lien and to collect
monies due to the Borough all in accordance with the provisions of
S-1886 enacted into law on September 23, 1997, as amended.
[Ord. No. 2-98 § 10]
Any person seeking to be represented by the Municipal Public
Defender, or Court approved counsel, shall pay an application fee
to the Borough of $200 unless the Municipal Court determines that
the amount necessary to the pay the cost of the Municipal Public Defender
will be less than $200. In accordance with guidelines promulgated
by the New Jersey Supreme Court, the Municipal Court may waive any
required application fee, in whole or in part, only if the Court determines,
in its discretion, upon a clear and convincing showing by the applicant,
that the application fee represents an unreasonable burden on the
person seeking representation. The Municipal Court may permit an applicant
to pay the application fee over a specified period of time, not to
exceed four months.
Funds collected pursuant to this subsection shall be deposited
in a dedicated fund administered by the Chief Financial Officer of
the Borough. Such funds shall be used exclusively to meet the costs
incurred in providing the services of the Municipal Public Defender
including, when required, expert and lay investigation and testimony.
[Ord. No. 5-02 § 1]
The Borough hereby establishes a policy to provide access to
the public for records, subject to the "Right-to-Know Law" as amended,
the common law and subpoenaed records, pursuant to pending litigation
and/or court order which may be subject to judicial review.
[Ord. No. 5-02 § 2]
a.
All requests for public records shall be made through the Office
of the Municipal Clerk on a form approved by the Borough. No request
for public records shall be honored without a properly filled out
form, except for documents requested by the Mayor and/or Borough Council,
the Borough Attorney or other Borough Special Counsel, and the tax
record card requested by taxpayer to the Tax Assessor pursuant to
any pending Ocean County Board of Taxation or New Jersey State Tax
Court appeal(s).
b.
All requests for public records by taxpayers, citizens, newspaper
reporters, attorneys and other applicable parties directed to Department
Heads or other Borough officials/employees shall be directed to the
Municipal Clerk's office which will serve as the repository and custodian
of such requests and the dissemination of forms to obtain public records
not within the Clerk's control/possession.
[Ord. No. 5-02 § 3]
a.
Immediate Access. One working day or less shall be granted for such
items as budgets, bills, vouchers, contracts, including collective
negotiation agreements and individual employment contracts and public
employee salary and overtime information.
b.
Upon receipt of a request for other public records, if these records
are public, the Borough will endeavor to honor such request within
seven working days of the receipt of the request. "Working Days" are
defined as Monday through Friday, excluding holidays and weekends.
However, there will be times when due to the nature or extent of the
request, or manpower available, the Borough will be unable to honor
the request within seven working days; if such, the Borough shall
attempt to complete such request as soon as feasibly possible and
shall notify the requester when the requested records will be provided.
c.
All persons requesting public records must understand that the public
business of the Borough will take precedence over a record request
especially where such request is a broad or far-reaching information
request.
[Ord. No. 5-02 § 4]
All requests for public records shall, except for requests by
Borough employees/officials acting in their official capacity, be
subject to the Borough's policy as to copying costs.
[Ord. No. 5-02 § 5]
The following records, or types of records, which are not public
and shall not be made available to the public are, but not limited
to the following:
a.
Records of a personal nature regarding Borough Officials, employees
and/or other applicable individuals.
b.
Medical records of Borough Officials, employees and/or other applicable
individuals.
c.
All records exempted by State and/or Federal statutes, rules and/or
regulations.
d.
All records, exempted by presidential and/or gubernatorial executive
order.
e.
All records which are exempted from the definition of "public records"
pursuant to N.J.S.A. 47:1A-1 et seq.
f.
Confidential Police investigation reports as set forth in N.J.S.A.
47:1A-1.
g.
Work product or notes of Borough officials/employees.
h.
Council closed-session minutes involving personnel matters, or attorney-client
or other privileged communications. Council open-session minutes shall
not be considered public records until such time as they are approved
by the Borough Council. Council closed-session minutes, other than
involving personnel matters, shall not be considered public records
until such time as they are approved by the Borough Council and the
matter(s) in question have been concluded pursuant to the provisions
of N.J.S.A. 10:4-6 et seq. They may not be made public if they contain
personal information as exempted by N.J.S.A. 47:1A-1. A report prepared
for review by the Mayor and Borough Council shall not be deemed a
public record until at least seven calendar days after disbursement
of the report by the Municipal Clerk to the Mayor and Council or the
next Council meeting, whichever is later.
[Ord. No. 5-02 § 6]
Request forms for public information shall be supplied by the
Borough Clerk. Said form shall include:
a.
Specific directions and procedures for requesting a record;
b.
A statement as to whether pre-payment of fees or deposit is required.
The custodian may require a deposit against costs for reproducing
documents sought through an anonymous request whenever the custodian
anticipates the information requested will cost in excess of $5 to
reproduce.
c.
The time period within which the public agency is required to make
the record available, i.e. seven business days or greater if the records
are archived.
d.
A statement of the requestor's right to challenge a decision by the
public agency to deny access and the procedure for filing an appeal.
e.
Spaces for the custodian to list reasons if a request is denied in
whole or in part.
f.
Space for the requestor to sign and date the form.
g.
Space for the custodian to sign and date the form if the request
is fulfilled or denied.
[Ord. No. 5-02 § 7]
Not all request for public records do, in fact, lead to the
copying, review and/or release of such records. A public record may
be a public record under common law, but may not be a public record
under the "Right-to-Know" law (N.J.S.A. 47:1A-1 et seq.) or vice versa,
or it may be or may not be a public record under any other legal statute,
rules, regulations and/or court decision. The Municipal Clerk shall
seek the opinion of the designated Borough Attorney as to whether
or not a record is public if there is any question as to its potential
copying, review and/or release.
[Ord. No. 5-02 § 8]
In the event that any section of the within ordinance is deemed
to be in conflict with the New Jersey "Right-to-Know" law, said law
shall take precedence over the specific section.
[Ord. No. 17-2006; Ord. No. 17A-2006]
As used in this section:
For the purposes of this section, shall mean as defined by
N.J.S.A. § 40A:11-2(6), services rendered or performed by
a person authorized by law to practice a recognized profession, whose
practice is regulated by law, and the performance of which services
requires knowledge of an advanced type in a field of learning acquired
by a prolonged formal course of specialized instruction and study
as distinguished from general academic instruction or apprenticeship
and training. For purposes of this section, however, professional
services shall not include professional artistic services as defined
at N.J.S.A. § 40A:11-2(6). Professional services shall include
financial services or insurance services.
Shall mean as determined by the State Treasurer as applied
to the award of Title 19 Contracts and as determined by the governing
body as applied to professional service contracts with value of $17,500
or less.
Shall mean a contract or agreement, between the Borough of
South Toms River and a business entity as defined within N.J.S.A.
19:44D-20.7, which has an anticipated value in excess of $17,500 as
determined in advance and certified in writing by the Borough's Chief
Financial Officer, including but not limited to, professional services
contract, extraordinary unspecifiable contracts, other contracts exempt
from bidding (value in excess of $17,500 but less than the Borough's
threshold), and cooperative purchasing. Contracts awarded by competitive
contracting pursuant to N.J.S.A. 40A:11-4.1 et seq. and contracts
which must be publicly bid under the Local Public Contracts Law are
not included in the definition of Title 19 Contracts for purposes
of this ordinance.
[Ord. No. 17-2006; Ord. No. 17A-2006]
a.
The governing body shall award all Title 19 contracts and all contracts
for the provision of professional services on the basis of qualification
based, competitive negotiation.
b.
Professional Service contract and Title 19 contract requests for
proposals shall be published by the posting of a public notice at
least 10 days prior to the awarding of any Title 19 contract or contract
for professional services.
c.
The public notice shall be:
1.
Prominently posted in the public place reserved for Sunshine Law
notices;
2.
Mailed, telephoned, telegrammed, faxed or hand delivered to at least
two newspapers designated to receive such notices because they have
the greatest likelihood of informing the public within the municipality,
one of which shall be the official newspaper of the municipality;
3.
Filed with the Clerk of the municipality.
d.
The public notice shall, at minimum, include:
1.
A description of the services or goods needed, including, where appropriate,
a description of the tasks involved.
2.
Threshold qualification requirements setting the highest possible,
minimum standards for qualifying to compete for the particular services,
tasks and/or goods involved.
3.
Notice that standardized submission requirements and selection criteria
are on file and available at a stated location in the Borough.
4.
Deadline and place for all submissions, and the manner by which the
contract shall be publicly opened and announced when awarded.
e.
Standardized submission requirements shall include:
1.
Names and roles of the individuals who will perform the task and
a description of their experience with projects similar to the matter
being advertised.
2.
References and record of success.
3.
Description of ability to provide the services in a timely fashion
(including staffing, familiarity and location of key staff).
4.
Cost details, including the hourly rates of each of the individuals
who will perform services and time estimates for each individual,
all expenses, and, where appropriate, total cost of "not to exceed"
amount.
f.
The selection criteria to be used in awarding a Title 19 contract
or a contract or agreement for professional services shall include:
1.
Full name and business address.
2.
Qualification of the individuals who will perform the tasks and the
amounts of their respective participation (professional services contracts
only).
3.
Any professional or business licenses held by the applicant in the
State of New Jersey, or any other State, including a "Certificate
of Good Standing" or other documents evidencing that the license is
not presently suspended or revoked.
4.
The number of licensed professionals employed by, or associated with,
the applicant.
5.
A listing of all degrees (college and/or graduate degrees) held by
the applicant and any associated professionals in the business entity
(professional service contracts only).
6.
A listing of all public entities for whom the business entity has
had a contractual relationship, either currently or previously, including
the dates of service and the positions held.
7.
A listing of any professional affiliations or membership in any professional
societies or organizations, including any offices or honors held (professional
services contracts only).
8.
Experience and references.
9.
Ability to perform the task in a timely fashion (professional service
contracts shall include staffing and familiarity with subject matter.)
10.
Cost consideration-including, but not limited to, historical costs
for similar professional services, expertise involved and comparable
costs for comparable public entities.
g.
All submissions shall be kept on file during the term of the related
contract, and shall be public records after the deadline for the submission
or proposals and award of the contract.
h.
Exceptions.
1.
If public exigency requires the immediate delivery of goods or performance
of emergency services, the Borough Council may waive part or all of
the requirements by a majority vote of the full Council in the appointing
resolution, setting forth with specificity the reasons such waiver
is required.
2.
If requests for proposals have been advertised pursuant to this section
and (a) no responses have been received or (b) less responses were
received than the number of positions needed or (c) responses did
not meet the minimum specifications or were otherwise non-responsive,
the governing body may negotiate with any qualified business entity
and may award a contract upon adoption of a resolution by a two-thirds
affirmative vote of the authorized membership of the governing body.
The terms, conditions, restrictions and specifications set forth in
the negotiated contract may not be substantially different from those
which were the subject of request for proposals.
[Ord. No. 17-2006 § 5]
This ordinance (section) shall be forwarded to the Secretary
of State in accordance with P.L. 2005, c. 271.
[Ord. No. 6-2015; Ord. No. 8-2018]
The Legislature of the State of New Jersey has determined that various statutes authorized by Article VIII, Section 1, Paragraph 6 of the New Jersey Constitution permitting municipalities to grant for periods of five years exemptions or abatements, or both, from taxation in areas in need of rehabilitation have proven to be effective in promoting construction and rehabilitation of residential and commercial and industrial structures in areas threatened with economic and social decline. In response, the Legislature adopted Chapter 441 of the Laws of 1991 (C.40A:21-1 et seq.) (the "Act") to consolidate and make more coherent the most useful features of those statutes. The Borough of South Toms River makes known its intention to utilize the tax exemption provisions authorized by Article VIII, Section 1, Paragraph 6 of the New Jersey Constitution, as enacted through the provisions of the Act, to authorize five-year exemptions for improvements to dwellings, construction of new dwellings, improvements to or conversion of structures to multiple dwellings and improvements to and construction of commercial and industrial structures.
[Ord. No. 6-2015; Ord. No. 8-2018]
As used in this section the following terms shall have the meanings
indicated:
Means a duration of time comprising 365 days, or 366 days when the included month of February has 29 days, that commences on the date that an exemption for a project becomes effective pursuant to Section 16 of the Act and subsection 2-62.13 of this section.
Means a portion or all of a municipality which has been determined
to be an area in need of rehabilitation or redevelopment pursuant
to the "Local Redevelopment and Housing Law," P.L. 1992, c.79 (C.
40A:12A-1 et seq.), a blighted area as determined pursuant to the
"Blighted Areas Act," P.L. 1949, c.187 (C.40:55-21.1 et seq.), or
which has been determined to be in need of rehabilitation pursuant
to P.L. 1975, c. 104 (C.54:4-3.72 et seq.), P.L. 1977, c.12 (C. 54:4-3.95
et seq.), or P.L. 1979, c.233 (C.54:4-3.121 et seq.).
Means the officer of the Borough charged with the duty of
assessing real property for the purpose of general taxation.
Means the Borough of South Toms River, in the County of Ocean,
State of New Jersey.
Means the legal counsel for the Borough.
Means the Municipal Council of the Borough.
Means the Business Administrator of the Borough.
Means the Chief Financial or Fiscal Officer of the Borough.
Means the Municipal Clerk of the Borough.
Means a structure or part thereof used for the manufacturing,
processing or assembling of material or manufactured products, or
for research, office, industrial, commercial, retail, recreational,
hotel or motel facilities, or warehousing purposes, or for any combination
thereof, which the Borough Council determines will tend to maintain
or provide gainful employment within the Borough, assist in the economic
development of the municipality, maintain or increase the tax base
of the municipality and maintain or diversify and expand commerce
within the municipality. Commercial and industrial structures shall
not include any structure or part thereof used or to be used by any
business relocated from another qualifying municipality unless: the
total square footage of the floor area of the structure or part thereof
used or to be used by the business at the new site together with the
total square footage of the land used or to be used by the business
at the new site exceeds the total square footage of that utilized
by the business at its current site of operations by at least 10%;
and the property that the business is relocating to has been the subject
of a remedial action plan costing in excess of $250,000 performed
pursuant to an administrative consent order entered into pursuant
to authority vested in the Commissioner of Environmental Protection
under P.L. 1970, c.33 (C.13:1D-1 et seq.), the "Water Pollution Control
Act," P.L.1977, c. 74 (C.58:10A-1 et seq.), the "Solid Waste Management
Act," P.L.1970, c.39 (C.13:1E-1 et seq.) and the "Spill Compensation
and Control Act," P.L.1976, c.141 (C.58:10-23.11 et seq.).
Means substantially ready for the intended use for which
a building or structure is constructed, improved or converted, as
determined by the Assessor.
Means a property created or recorded as a condominium pursuant
to the "New Jersey Condominium Act," P.L. 1969, c.257 (C. 46:8B-1
et seq.).
Means the provision of a new dwelling, multiple dwelling
or commercial or industrial structure, or the enlargement of the volume
of an existing multiple dwelling or commercial or industrial structure
by more than 30%, but shall not mean the conversion of an existing
building or structure to another use.
Means the alteration or renovation of a nonresidential building
or structure, or hotel, motel, motor hotel or guesthouse, in such
manner as to convert the building or structure from its previous use
to use as a dwelling or multiple dwelling.
Means a housing corporation or association, wherein the holder
of a share or membership interest thereof is entitled to possess and
occupy for dwelling purposes a house, apartment, or other unit of
housing owned by the corporation or association, or to purchase a
unit of housing owned by the corporation or association.
Means, when used with respect to abatements for dwellings
or multiple dwellings, only the cost or fair market value of direct
labor and materials used in improving a multiple dwelling, or of converting
another building or structure to a multiple dwelling, or of constructing
a dwelling, or of converting another building or structure to a dwelling,
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.
Means the person appointed by the Mayor of the Borough to
serve as the development officer pursuant to this section.
Means a building or part of a building used, to be used or
held for use as a one or two-family home or residence, including accessory
buildings located on the same premises, together with the land upon
which such building or buildings are erected and which may be necessary
for a fair enjoyment thereof, but shall not mean any building or part
of a building, defined as a "multiple dwelling" pursuant to the "Hotel
and Multiple Dwelling Law," P.L. 1967, c.76 (C.55:13A-1 et seq.).
A dwelling shall include, as they are separately conveyed to individual
owners, individual residences within a cooperative, if purchased separately
by the occupants thereof, and individual residences within a horizontal
property regime or a condominium, but shall not include "general common
elements" or "common elements" of such horizontal property regime
or condominium as defined pursuant to the "Horizontal Property Act,"
P.L. 1963, c.168 (C. 46:8A-1 et seq.), or the "Condominium Act," P.L.
1969, c.257 (C. 46:8B-1 et seq.), or of a cooperative, if the residential
units are owned separately.
Means 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 the Act.
Means a property submitted to a horizontal property regime
pursuant to the "Horizontal Property Act," P.L. 1963, c.168 (C. 46:8A-1
et seq.).
Means 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 human habitation or work,
and which does not change its permitted use. In the case of a multiple
dwelling, it includes only improvements which affect common areas
or elements, or three or more dwelling units within the multiple dwelling.
In the case of a multiple dwelling or 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 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
for exemption pursuant to the Act.
Means a building or structure meeting the definition of "multiple
dwelling" set forth in the "Hotel and Multiple Dwelling Law," P.L.
1967, c.76 (C. 55:13A-1 et seq.), and means for the purpose of improvement
or construction the "general common elements" and "common elements"
of a condominium, a cooperative, or a horizontal property regime.
Means the construction, improvement or conversion of a structure
in an area in need of rehabilitation that would qualify for an exemption,
or an exemption and abatement, pursuant to P.L. 1991, c.441 (C.40A:21-1
et seq.).
Means an agreement for exemption for projects and the payments
to be made in lieu of taxes as required pursuant to the terms of this
section.
Means the Tax Collector of the Borough.
Means June 7, 2025, except as may be extended under subsection 2-62.14.
[Ord. No. 6-2015; Ord. No. 8-2018]
Improvements to dwellings, newly constructed dwellings, conversion of nonresidential structures to dwellings, including unutilized public buildings to one and two-family dwellings, cooperatives, if purchased separately by the occupant thereof, and individual residences within a horizontal property regime or a condominium located within the Borough are eligible to receive a five-year exemption, as provided in subsection 2-62.4 upon meeting the following qualifications:
a.
The dwelling must be 20 years or older;
b.
The property owner must occupy the dwelling, and in the case of a
two-family dwelling the owner must occupy at least one of the residential
units;
c.
The dwelling shall be occupied by the owner or shareholder thereof
in the case of a cooperative or condominium, as applicable;
d.
All real estate taxes must be current;
e.
The applicant must provide a certificate of occupancy or any other
permit or approval required by the Borough; and
f.
The applicant must submit two proofs of owner-occupancy. Such proofs
can be a driver's license, utility bill, real estate tax bill or car
registration. Proofs submitted must be current and valid at the time
of submission.
[Ord. No. 6-2015; Ord. No. 8-2018]
a.
Exemption of Improvements to Dwellings.
The improvements made to a dwelling shall be granted an exemption from taxation if they meet the criteria established in subsection 2-62.3 of this ordinance. In determining the value of the real property, the Borough shall regard the first $25,000 in 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 as a result of the improvements. The assessment on any property granted an exemption pursuant to this subsection 2-62.4 shall not be less than the assessment on the property existing immediately prior to the improvements, unless an abatement is granted pursuant to paragraph b of this subsection, or there is damage to the structure through action of the elements sufficient to warrant a reduction.
b.
Abatement of Portion of Improved Dwelling.
In addition to an exemption granted for improvements to a dwelling, an abatement shall be granted for a portion of the assessed value of the property receiving the exemption as it existed immediately prior to the improvements, if it meets the criteria established in subsection 2-62.3 of this section. An abatement for an improved dwelling shall be granted for five years, but the annual amount of the abatement granted to any single property shall not exceed 30% of the annual amount of the exemption.
c.
Exemption of New Dwellings and Conversions.
An exemption shall be granted for a portion of the assessed value of the construction of new dwellings and conversions, including unutilized public buildings, to dwelling use if they meet the criteria established in subsection 2-62.3 of this section. In determining the value of the real property, the Borough shall regard 30% of the Assessor's full and true value of the dwelling constructed, or conversion alterations made, as not increasing the value of the property for a total of five years, notwithstanding that the value of the property upon which the construction or conversion occurs is increased as a result.
d.
Abatement of Portion of New Dwellings and Conversions.
In addition to an exemption granted for a portion of the assessed value of the construction of new dwellings and conversions, or both, to dwelling use, an abatement shall be granted to a portion of the assessed value of the property receiving the exemption as it existed immediately prior to the construction of conversion alternation, if they meet the criteria established in subsection 2-62.3 of this section. An abatement for a dwelling shall be granted for five years, but the annual amount of the abatement shall not exceed 30% of the total cost of the construction or conversion alteration, and the total amount of the abatements granted to a single property shall not exceed the total costs of the construction or conversion alternation.
e.
Exemption for Certain Housing Improvements to Accommodate Certain
Disabled Persons.
An exemption shall be granted for improvements to a residential property that is a single-family dwelling, resulting from a renovation housing project, as defined under subsection d of section 14 of P.L.1992, c.79 (C.40A:12A-14). In determining the value of real property, the Borough shall regard the Assessor's full and true value of the improvements as not increasing the taxable 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 immediately prior to the improvements.
[Ord. No. 6-2015; Ord. No. 8-2018]
Improvements to multiple dwellings and conversions, including unutilized public buildings, to multiple dwelling use, which are included in the area in need of rehabilitation are eligible to receive a five-year exemption as provided in subsection 2-62.6 of this section upon meeting the following qualifications:
a.
All real estate taxes must be current;
b.
The applicant must provide a certificate of occupancy or any other
permit or approval required by the Borough; and
c.
The construction of any improvements to, and the operation of, any
multiple dwelling must be in compliance with any and all applicable
federal, state and local health and safety codes and regulations.
d.
The entering of a tax agreement with the Borough (new construction
only).
[Ord. No. 6-2015; Ord. No. 8-2018]
a.
Exemptions on Improvements to Multiple Dwellings and Conversion. An exemption shall be granted from taxation of improvements made to multiple dwellings and conversions, including unutilized public buildings, to multiple dwelling use, if they meet the criteria established in subsection 2-62.5 of this section. In determining the value of the real property, the Borough shall regard the Assessor's full and true value of the improvements or conversion alterations 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 or conversion alterations are made is increased as a result of the improvements. The assessment on any property granted an exemption pursuant to this subsection 2-62.6 shall not be less than the assessment on the property existing immediately prior to the improvements or conversion alterations, unless an abatement is granted pursuant to paragraph b below, or there is damage to the multiple dwelling through action of the elements sufficient to warrant a reduction.
b.
Abatement of Portion of Improvements to Multiple Dwellings and Conversion. In addition to an exemption granted for a portion of the assessed value of the improvements made to multiple dwellings and conversions, including unutilized public buildings, to multiple dwelling use, an abatement shall be granted to a portion of the assessed value of the property receiving the exemption as it existed immediately prior to the improvement or conversion alternation, if they meet the criteria established in subsection 2-62.3 of this section. An abatement for a multiple dwelling shall be granted for five years, but the annual amount of the abatement shall not exceed 30% of the total cost of the improvement or conversion alteration, and the total amount of the abatements granted to a single property shall not exceed the total costs of the construction or conversion alternation.
[Ord. No. 6-2015; Ord. No. 8-2018]
Improvements to commercial and industrial structures that are
located within the area in need of rehabilitation are eligible to
receive a five-year exemption as provided herein upon meeting the
following qualifications:
a.
All real estate taxes must be current;
b.
The applicant must provide a certificate of occupancy or any other
permit or approval required by the Borough; and
c.
The construction and the operation of the commercial and industrial
structure, must be in compliance with any and all applicable federal,
state and local health and safety codes and regulations.
d.
The entering of a tax agreement with the Borough (new construction
only).
[Ord. No. 6-2015; Ord. No. 8-2018]
An exemption shall be granted from taxation of improvements made to commercial and industrial structures if they meet the criteria established in subsection 2-62.7 of this section. In determining the value of the real property, the Borough shall regard 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. The assessment on any property granted an exemption pursuant to this subsection 2-62.8 shall not be less than the assessment on the property existing immediately prior to the improvements or conversion, except where there is damage to the structure through action of the elements sufficient to warrant a reduction.
[Ord. No. 6-2015; Ord. No. 8-2018]
No exemption shall be granted pursuant to subsections 2-62.4, 2-62.6 or 2-62.8 of this section except upon written application therefor filed with and approved by the 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 parties seeking exemptions, or exemptions by the governing body of the Borough. All applications pursuant to subsections 2-62.4, 2-62.6 or 2-62.8 of this section shall be filed with the Assessor within 30 days, including Saturdays and Sundays, following the completion of the improvement, conversion alteration or construction. Every such application for exemption which is filed within the time specified and prior to the Termination Date shall be approved and allowed by the Assessor provided that the application is consistent with the provisions of this ordinance, as applicable, and provided that the improvement, conversion alteration or construction for which the application is made qualifies as an improvement, a conversion alteration or construction pursuant to the provisions of Act and this section.
The Assessor shall approve or deny applications for exemptions pursuant to subsections 2-62.4, 2-62.6 or 2-62.8 of this section within 45 days of receipt of a timely and completed application. Incomplete applications shall be returned to the applicant with notice of any deficiencies and/or missing information or documentation. Any such application that is returned to the applicant for correction or the provision of further information must be resubmitted to the Assessor within 20 days of receipt by the applicant. Returned applications are deemed to be received by the applicant within three days of mailing. Any returned application that is not resubmitted to the Assessor within the required period shall be deemed denied.
[Ord. No. 6-2015; Ord. No. 8-2018]
The Borough Council may approve and enter into tax agreements for the exemption from taxation for new construction of commercial, industrial or multiple dwelling Projects that are located in the area in need of rehabilitation pursuant to subsections 2-62.11, 2-62.12 and 2-62.13 upon meeting the following qualifications:
a.
All real estate taxes must be current;
b.
The applicant must provide a certificate of occupancy or any other
permit or approval required by the Borough; and
c.
The construction and the operation of the project must be in compliance
with any and all applicable Federal, State and local health and safety
codes and regulations.
[Ord. No. 6-2015; Ord. No. 8-2018]
In addition to the application form provided by the Director
of the Division of Taxation, applications for tax exemptions for new
construction of commercial, industrial or multiple dwelling projects
shall include the following:
a.
A general description of the project for which an exemption is sought;
b.
A legal description of all real estate necessary for the project;
c.
Plans, drawings and other documents to demonstrate the structure
and design of the project;
d.
A description of the number, classes and type 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 on the project,
and a description of the benefits to be realized by the applicant
if an exemption is granted;
f.
Estimates of the cost of constructing the project;
g.
A statement indicating which of the formulas the applicant proposes
to be used to calculate the payments in lieu of full property taxes,
as authorized by Section 10 of the Act (C.40A:21-10);
h.
A statement showing (1) the real property taxes currently being assessed
at the project site; (2) estimated payments that would be made annually
by the applicant on the project during the period of the tax 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;
i.
If the project is a commercial or industrial structure, a description
of any and all lease agreements between the applicant and proposed
users of the project, and a history and description of the users'
businesses;
j.
If the project is a multiple dwelling, a description of the number
and types of dwelling units to be provided, a description of the common
elements or general common elements, and a statement of the proposed
initial rentals or sales prices of the dwelling units according to
type and of any rental lease or resale restrictions to apply to any
dwelling units respecting low or moderate-income housing;
k.
A schedule of the estimated completion date of the project; and
l.
Such other pertinent information as may be required by the Borough.
[Ord. No. 6-2015; Ord. No. 8-2018]
Applications for tax agreements for exemption of new construction
of commercial, industrial or multiple dwelling projects shall be filed
prior to commencement of the project and prior to the Termination
Date and shall be approved or denied by ordinance of the Borough Council.
Prior to consideration by the Borough Council for approval, all applications
shall be reviewed by the following Borough officials:
a.
Development Review. Upon receipt of an application, the Development
Officer shall conduct a complete review of the proposed project and/or
subject property. The review shall take into consideration the property
and appropriateness and adequacy of the description(s), plan(s) and
estimate(s) submitted, and the degree to which the project and/or
property complies with the Borough's development goals as expressed
in the master plan, zoning ordinance, redevelopment plans and rehabilitation
plans, as applicable. Upon completion of the review, the Development
Officer shall submit a recommendation for approval or disapproval
of the application to the Borough Attorney. The recommendation shall
include any changes to the project and/or subject property that may
be deemed necessary by the Development Officer, as well as any analysis
performed or relied upon.
b.
Financial Review. Upon receipt of an application, the Chief Financial
Officer shall conduct a financial review of the application including
a cost and benefit analysis of the proposed project and/or improvements
subject to the application. Upon completion of the review, the Chief
Financial Officer shall submit a recommendation for approval or disapproval
of the application to the Borough Attorney. The recommendation shall
include any analysis performed or relied upon by the Chief Financial
Officer.
c.
Legal Review. Upon receipt of an application, the Borough Attorney
or other designated counsel shall conduct a review as to the form
and legality of the application. In addition, the Borough Attorney
shall obtain written certifications from Borough officials as necessary
to substantiate the information contained in an application. The Borough
Attorney shall make a determination as to the propriety of an application.
Applications shall be deemed proper in those cases where they are
presented in the proper form, satisfy the requirements of this section
and all other applicable statutes and ordinances, and for which no
delinquency has been reported regarding any payments due to the Borough
as certified by the Tax Collector or other municipal officials. Where
an application is deemed to be complete and conforming pursuant to
the requirements of this section, the Borough Attorney shall prepare
an ordinance in the form necessary to authorize the exemption and
shall prepare the form of the tax agreement. All tax agreements shall
be in the form filed with the Clerk at the time of adoption of this
ordinance. The approving ordinance shall be prepared by the Borough
Attorney and submitted, together with the form of the tax agreement,
the full application, and the recommendation of the Chief Financial
Officer and the Development Officer, to the Business Administrator
for his/her consideration.
In those cases where an application is deemed improper, the
Borough Attorney shall prepare correspondence outlining those aspects
of the application found to be deficient and shall forward that correspondence,
together with the application and the recommendations of the Chief
Financial Officer and the Development Officer to the Business Administrator
for consideration.
d.
Business Administrator Review. Upon receipt of an application and
the recommendation of the Borough Attorney, the Business Administrator
shall determine the action to be taken with regard to the application.
When the application has been deemed proper by the Borough Attorney,
the Business Administrator shall determine whether to recommend the
adoption of the authorizing ordinance and its attachments by the Borough
Council, or to recommend the denial of the application as not being
in the best interests of the Borough. Where the application has been
deemed improper by the Borough Attorney, the Business Administrator
shall determine whether the deficiencies can be corrected, and if
so may direct the applicant and/or the appropriate municipal official
as to the actions required. If the deficiencies cannot be corrected
or if the application is deemed not in the best interests of the Borough,
the Business Administrator may recommend the denial of the application.
In those cases where the Business Administrator affords the applicant the opportunity to correct certain deficiencies, the application may be reconsidered after submission of the corrected application to the Assessor, after which the process outlined in this subsection 2-62.12d shall be conducted again.
In those cases where the Business Administrator has recommended
the denial of an application without condition and where such formal
action to deny an application has been taken by the Borough Council,
the application may only be reconsidered by reapplication to the Assessor,
which application shall be treated in its entirety as a new application.
Notwithstanding any provision to the contrary herein, the recommendation
of the Business Administrator to the Borough Council, whether for
approval or denial, shall occur within 120 calendar days after the
date of the receipt of a complete application.
e.
Tax Agreements.
1.
Form of Tax Agreement. The tax agreement shall include the identification
of the affected property by the Tax Map designation and street address,
the nature and scope of the structure to be constructed thereon, the
formula for computing payments in lieu of taxes, the duration of the
agreement and the grounds for termination. The tax agreement shall
require timely payment of any and all municipal taxes, fees and charges
arising from or related to a property granted an exemption.
The tax agreement shall in all cases further provide that any
change made in the ownership of the project or which would materially
change the terms of the tax agreement shall be deemed a material breach
of the agreement, which shall be cause for termination of the tax
agreement. The tax agreement shall provide that the failure to make
payments in lieu of taxes as required or to comply with any provision,
term or condition of the agreement shall be grounds for the Borough
to terminate the tax agreement, and/or to exercise such other remedies
as may be provided by statute, this section or the tax agreement.
2.
Payment in Lieu of Taxes. All owners of projects subject to exemption
pursuant to the approval and execution of a tax agreement shall be
charged and obligated to make payments in lieu of full property taxes
of an annual amount computed by one, but in no case a combination,
of the three formulas authorized by Section 10 of the Act (C.40A:21-10),
namely the "Cost", "Gross Revenue" or Tax Phase-In" basis.
3.
Execution of Tax Agreement. Upon adoption of an ordinance by the
Borough Council authorizing the Borough to enter into a tax agreement,
the Clerk shall insure that the tax agreement is circulated to the
appropriate persons or entities for execution. No tax agreement shall
be considered to be in force and effect unless and until it has been
signed by the applicant and the Mayor of the Borough, after which
it shall be dated and certified by the Clerk by her/his signature
and the affixing of the Borough seal.
4.
Distribution of Executed Agreements.
Once a tax agreement has been fully executed, the Clerk shall
distribute executed copies thereof to the applicant, the Assessor,
the Construction Code Official, the Business Administrator and the
Borough Attorney. The Clerk shall retain one executed copy which shall
be placed on permanent file within her/his office and made available
for examination pursuant to the Open Public Records Act (C. 47:1A-1
et seq.).
[Ord. No. 6-2015; Ord. No. 8-2018]
a.
Duration of Tax Agreement; Termination.
All tax agreements authorized pursuant to this section shall
be in effect for five full years next following the date of completion
of the project.
If the owner of a property that is subject to a tax agreement
pursuant to this section ceases to operate or disposes of the property
without prior approval of the Borough Council, or fails to meet the
conditions for qualifying for exemption, then the taxes which would
have otherwise been assessed and payable for each year during which
the tax agreement was in effect shall become due and payable as if
no exemption had been granted. In the event a property owner fails
to meet the qualifications and conditions for exemption, the Assessor,
on behalf of the Borough, shall provide notice of such act or omission
to the property owner and the Tax Collector. Within 15 days of the
notice from the Assessor the Tax Collector shall provide notice to
the property owner of the amount of the real estate taxes that are
due.
Where it is determined that a new owner of a project or property
will continue to use the project or property pursuant to the conditions
which qualified the project or property for exemption, no tax shall
be due, the exemption shall continue, and the tax agreement shall
remain in effect in accordance with its terms.
Upon the termination of a tax agreement, a project shall be
subject to all applicable real property taxes, as provided by general
laws.
b.
Conformance with Other Laws.
All projects subject to tax agreements 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 provision, zoning, planning and building code requirements.
c.
Filing of Tax Agreement.
Within 30 days after the execution of a tax agreement the Clerk
shall file a copy with the Director of the Division of Local Government
Services within the New Jersey Department of Community Affairs.
[Ord. No. 6-2015; Ord. No. 8-2018]
This section shall go into effect upon approval by the Borough
Council in accordance with applicable law and shall remain in effect
until the Termination Date. Notwithstanding the foregoing, the Borough
Council may, in its discretion, renew this section for an additional
term not to exceed two years, if at least 20% of the eligible tax
base of the Borough has applied for or utilized the provisions of
this section. If such a renewal is approved by the Borough Council,
the final date on which applications may be submitted under this section
shall be the Termination Date. All applications for exemptions under
this section must be submitted by the Termination Date. Any applications
received after the Termination Date shall not be eligible for exemption.
[Ord. No. 6-2015; Ord. No. 8-2018]
The effective date of an exemption granted pursuant to this
section shall relate back to, and take effect as of, the date of completion
of the improvement, conversion alteration or construction of property
for which the exemption is granted, and shall continue for five annual
periods from that date. The grant of the exemption 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. No. 6-2015; Ord. No. 8-2018]
The 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
agreements pursuant to this section, the amount of the taxes to be
paid for the tax year in which the improvement, conversion or construction
of a property is completed shall be based on the assessed valuation
of the property for the current tax year, minus the amount of the
abatement, if any, allowed pursuant to this ordinance and pro rated,
plus any portion of the assessed valuation of the improvement, conversion
or construction not allowed an exemption pursuant to this section,
also pro rated. Except as otherwise provided, the property shall continue
to be treated in the appropriate manner for each of the four tax years
subsequent to the original determination by the Assessor and shall
be pro rated for the final tax year in which the exemption expires.
[Ord. No. 6-2015; Ord. No. 8-2018]
No exemption shall be granted, or tax agreement entered into,
pursuant to the Act 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. No. 6-2015; Ord. No. 8-2018]
The exemption of real property taxes provided by the Borough
pursuant to this section shall apply to property taxes levied for
municipal purposes, school purposes, County government purposes and
for the purposes of funding any other property tax exemptions.
[Ord. No. 6-2015; Ord. No. 8-2018]
The Borough shall include a notice in the mailing of the annual
property tax bills to each owner of the properties where exemptions
are authorized pursuant to this section, advising such property owners
of same before the end of the first year following adoption of this
section.
[Ord. No. 6-2015; Ord. No. 8-2018]
Any property granted an exemption pursuant to this section shall
be subject to an inspection by the Borough on an annual basis to ensure
that the property is in compliance with all applicable ordinances,
regulations and codes of the Borough. Any property which is determined
to be in violation of any ordinance, regulation or code governing
health and safety standards, shall be subject to penalties and fines,
as applicable, or any other remedial action permitted by State statute,
including termination of any exemption.
[Ord. No. 6-2015; Ord. No. 8-2018]
If any provision of this section is legally invalid or is hereafter
found to be legally invalid, the remainder of the section shall remain
in full force and effect.
[Ord. No. 6-2015; Ord. No. 8-2018]
Nothing contained in this section shall be so construed as to
limit or deprive the Borough of any rights or privileges which are
now or in the future conferred on the Borough by State statute or
Federal laws.
[Ord. No. 6-2015; Ord. No. 8-2018]
The Assessor or his or her designee shall report, on or before
October 1 of each year, to the Director of the Division of Local Government
Services in the Department of Community Affairs and to the Director
of the Division of Taxation in the Department of the Treasury, in
accordance with N.J.S.A. 40A:21-21.
[Ord. No. 6-2015; Ord. No. 8-2018]
All prior ordinances or parts of prior ordinances inconsistent
herewith are hereby repealed.
[Ord. No. 8-2016]
Except as hereinafter provided, the Borough of South Toms River,
hereinafter known as the Borough Council shall, upon the request of
any present or former official, employee or appointee of the Borough
Council provide for indemnification and legal defense of any civil
action brought against said person or persons arising from an act
or omission falling within the scope of their public duties.
[Ord. No. 8-2016]
The Borough Council shall not indemnify any person against the
payment of punitive damages, penalties, or fines, but may provide
for the legal defense of such claims in accord with the standards
set forth herein. The Borough Council may refuse to provide for the
defense and indemnification of any civil action referred to herein
if the South Toms River Council determines that a) the act or omission
did not occur within the scope of a duty authorized or imposed by
law; b) the act or failure to act was the result of actual fraud,
willful misconduct or actual malice of the person requesting defense
and indemnification; or c) the defense of the action or proceeding
by the Borough Council would create a conflict of interest between
the Borough Council and the person or persons involved.
[Ord. No. 8-2016]
Pursuant to N.J.S.A. 59:10-4, the indemnification and defense
provided for in this section shall include exemplary or punitive damages
resulting from the employee's civil violation of State or Federal
law if, in the opinion of the South Toms River Council, the acts committed
upon which the damages are based did not constitute actual fraud,
actual malice, willful misconduct or an intentional wrong.
[Ord. No. 8-2016]
The terms of this section and the definition of official, employee
and appointee are to be construed liberally in order to effectuate
the purposes of this section except that these terms shall not mean
a) any person who is not a natural person; b) any person while providing
goods or services of any kind under any contract with the Borough
Council except an employment contract; c) any person while providing
legal or engineering services for compensation unless said person
is a full-time employee of the Borough Council; and d) any person
who as a condition of his or her appointment or contract is required
to indemnify and defend the Borough Council and/or secure insurance.
[Ord. No. 8-2016]
The Borough Council shall provide for defense of and indemnify
any present or former official, employee or appointee of the Borough
Council who becomes a defendant in a civil action if the person or
persons involved a) acted or failed to act in a matter in which the
Borough Council has or had an interest; b) acted or failed to act
in the discharge of a duty imposed or authorized by law; and c) acted
or failed to take action in good faith. For purposes of this section,
the duty and authority of the Borough Council to defend and indemnify
shall extend to a cross-claim or counterclaim against said person.
[Ord. No. 8-2016]
a.
In any other action or proceeding, including criminal proceedings,
the Borough Council may provide for the defense of a present or former
official, employee or appointee, if the South Toms River Council concludes
that such representation is in the best interest of the Borough Council
and that the person to be defended acted or failed to act in accord
with the standards set forth in this section.
b.
Whenever the Borough Council provides for the defense of any action
set forth herein and as a condition of such defense, the Borough Council
may assume exclusive control over the representation of such persons
defended and such person shall cooperate fully with the Borough Council.
c.
The Borough Council may provide for the defense pursuant to this
section by authorizing its attorney to act in behalf of the person
being defended or by employing other counsel for this purpose or by
asserting the right of the Borough Council under any appropriate insurance
policy that requires the insurer to provide defense.
