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ORDINANCE OF THE TOWNSHIP COUNCIL, TOWNSHIP OF TOMS

RIVER, OCEAN COUNTY, NEW JERSEY, AMENDING AND


SUPPLEMENTING VARIOUS SECTIONS OF CHAPTER 253
(CONTINUED OCCUPANCY OF RESIDENTIAL DWELLINGS)
GOVERNING CERTIFICATES OF CONTINUED USE AND
OCCUPANCY UPON TRANSFERS OF OWNERSHIP OF
RESIDENTIAL DWELLINGS

BE IT ORDAINED by the Township Council, Township of Toms River,

Ocean County, New Jersey, as follows:

1. Section 253-2B of the Township Code is hereby amended and

supplemented to provide as follows:

B. Only the record owner, authorized designee, or authorized seller of


the subject property may apply for a MCCUO. If the record owner
or authorized seller is an estate, corporation, limited liability
company, partnership, or other entity, the application must be
submitted and signed by the executor, administrator, officer,
managing member, partner, or other agent with the legal authority
to act on behalf of the entity in connection with the subject
premises.

2. Section 253-2 (Application; inspection) of the Township Code is

hereby amended to establish the following subsection:

G. A conditional MCCUO may be issued provided the outstanding


deficiencies do not involve a life/safety hazard as determined by
the Division of Code Enforcement. For the purposes of this
provision, “life safety” means any open permit or any ongoing or
prior work requiring a permit (1) involving a condition regulated
under the New Jersey Uniform Construction Code; or (2) involving
a condition that if not rectified could result in death, bodily injury,
or property damage.

3. Sections 253-3A(6) and (7) of the Township Code are hereby

amended and supplemented to provide as follows:

(6) Fireplace/chimney certification for wood/coal burning stoves from


an appropriate licensed professional.

(7) Certification of a licensed electrician that any boat or jet ski lifts
serviced by high-voltage electricity are properly grounded and
bonded.

4. Section 253-5 (Validity; expiration) is hereby amended and

supplemented to provide as follows:


The MCCUO expires 270 days from the date issued. In the event of a
change in purchaser during that 270-day period, the MCCUO remains
valid. Following expiration of the 270-day period, a new MCCUO must
be obtained.

5. Section 253-7 (Fees) of the Township Code is hereby amended and

supplemented to provide as follows:

A. Application/inspection fee: $225. For residents of planned


retirement communities: $175.

B. Re-inspection fee: $75. Re-inspections that involve three items or


less qualify for one-time waiver of the re-inspection fee.

C. [No change.]

D. [No change.]

6. All other parts of Chapter 253 remain in full force and effect.

7. All ordinances or parts of ordinances which are inconsistent

herewith are repealed, but only to the extent of the inconsistency.

8. If any part of this ordinance is invalidated for any reason by

competent authority, that part is severed and the remaining provisions shall

remain in full force and effect.

9. This ordinance shall take effect following its final passage by the

Township Council, approval by the Mayor, and twenty days after publication as

required by law.

L-Oct 26, 2022-30

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