As first reported here on LNN, the new Toms River MCCO continues to frustrate local real estate markets. While many in the industry have praised the thought behind the ordinance, (to protect buyers and sellers), the language and implementation are leading to frustrating delays in closing.
To further address the matter, Councilman Justin Lamb, who has been extremely vocal in his opposition to the ordinance, will be hosting a property rights rally right before tomorrow evening’s scheduled Toms River Council meeting.
LNN has learned that Mr. Lamb has worked to assemble a group of participants from across a broad swath of the real estate industry at the rally and subsequent meeting. Lamb has been at odds with other members of the township over the ordinance often citing the undue expense it creates as well as the increased red tape injected in what was a smoothly functioning industry.
Lamb intends to introduce alternative language to be used instead of the language presently on the books. The language he plans to propose is below.
ORDINANCE OF THE TOWNSHIP COUNCIL, TOWNSHIP OF TOMS RIVER, OCEAN COUNTY, NEW JERSEY REPEALING CHAPTER 253, ENTITLED “CONTINUED USE AND OCCUPANCY OF RESIDENTIAL DWELLINGS,” WHICH IMPLEMENTED REGULATIONS REQUIRING CERTIFICATES OF CONTINUED USE AND OCCUPANCY UPON TRANSFERS OF OWNERSHIP OF RESIDENTIAL DWELLINGS
WHEREAS, the Township Council adopted Ordinance No. 4724-2021 on December 22, 2021 establishing a new Chapter 253 of the Township Code, entitled “Continued Use and Occupancy of Residential Dwellings;” and
WHEREAS, Ordinance No. 4724-2021 took effect on July 1, 2022; and
WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and
WHEREAS, Ordinance 4724-2021 undermines private property rights, threatens Toms River property values, imposes gratuitous fees on homeowners, empowers an invasive bureaucracy, has caused major problems in the Toms River real estate market, and is making it far too difficult to buy or sell a home in Toms River; and
WHEREAS, the Township Council deems it the in the public interest to repeal Ordinance 4724-2021, Chapter 253 of the Township Code, entitled “Continued Use and Occupancy of Residential Dwellings;”
NOW THEREFORE BE IT ORDAINED by the Township Council of the Township of Toms River, Ocean County, New Jersey as follows:
Section 1. Ordinance No. 4724-2021, Chapter 253, entitled “Continued Use and Occupancy of Residential Dwellings,” is hereby repealed and shall be of no force and effect whatsoever.
Section 2. All sections of the Township Code not amended hereunder shall remain in full force and effect.
Section 3. In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.
Section 4. All ordinances or parts thereof which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of their inconsistencies.
Section 5. This Ordinance shall take effect immediately upon its final passage and publication as required by law.