Fees Reduced As Toms River Amends Controversial Home Sale Requirements

TOMS RIVER, NJ — The Toms River Township Council has amended an ordinance that sets out the requirements for a certificate of occupancy for homes that are being sold, reducing fees and addressing issues that created significant delays for people selling their homes.

The ordinance, which was passed in December 2021 and took effect in July, was assailed at the Toms River council meetings in September, as real estate agents and homeowners told the council the process was holding up home sales and costing sellers hundreds of dollars in extra fees.

The amended ordinance, which passed 6-1 Wednesday night with Justin Lamb opposing it, reduces the application fee from $300 to $225, and to $175 for those in planned retirement communities.

In addition, it reduces the fee for a reinspection of a home from $150 to $75, and allows a reinspection at no charge when there are three items or fewer that need to be reinspected. It also extends the time that the certificate of occupancy — called a municipal certificate of continued use and occupancy, or an MCCUO — is valid, from 180 days to 270 days, or roughly nine months.

The amended ordinance also addresses a number of issues that real estate agents had brought up that were creating delays in the certificate of occupancy process, providing some flexibility to homeowners as they navigate the process.

The ordinance passed in December 2021 can be read here. The amendments to the ordinanceare here. The new one takes effect 20 days after a legal notice of the changes is published, which would be in early December.

Not everyone was satisfied with the changes. Lamb, who has been demanding the council repeal the ordinance, continued to blast it as a money grab.

Lamb made a motion to table the amending ordinance, which died when no other council member seconded it.

He then proceeded to blast Councilman Dan Rodrick, his former running mate, for refusing to support Lamb in his repeal attempt.

"Be consistent," Lamb said.

"I'm for no ordinance," Rodrick said. "But we don't have four votes."

Rodrick said he was voting in favor of the ordinance because it reduces the fees, which Lamb then claimed was not true. Rodrick then accused him of grandstanding and being conflicted on the issue.

"You're a real estate attorney. You're grandstanding over your own personal income," Rodrick said, adding that Lamb's wife, Ashley, is a real estate agent; she has an agent profile with Century 21.

Lamb dismissed Rodrick's comments, saying, "It's affecting my own family; that's not grandstanding."

Councilman David Cicozzi voted in favor of the ordinance amendments, saying, "Is the ordinance perfect? No it's far from perfect." But he said it exists because of the people who do things illegally in their homes. "

After the ordinance passed, a real estate agent who spoke during public comment asked whether those who were charged the $300 fee would receive a $75 refund. Council members said they would look into the possibility.