Silverton Open Space Bonding Approved In Toms River

TOMS RIVER, NJ — The Toms River Township Council approved an ordinance Wednesday night to bond for $4.5 million to purchase nearly 17 acres of land at Silver Bay Elementary School for open space.

The approval of the bond ordinance keeps the process to buy the property from the Toms River Regional School District moving forward, to fill a hole in the district's 2023-24 budget caused by steep cuts in its state funding.

The council also introduced an ordinance to purchase 21 acres of undeveloped land from St. Joseph Roman Catholic Church for $3.7 million, property next to the church's athletic complex for Donovan Catholic High School.

The Silver Bay approval came as some residents urged the township to take additional steps to ensure the woods on the property remain undisturbed in the future.

Mark Mutter, who served as the township's mayor when its property tax for open space purchases was approved more than 20 years ago, urged township officials to put a deed restriction on the property to prevent it from being used for sports fields or other recreation purposes in the future — uses that are accepted under Toms River's open space purchase ordinance.

Township attorney Gregory McGuckin said Toms River cannot legally deed-restrict the property to keep it as woods, because of the way the town's open space ordinance is written.

The ordinance says land purchased by the township for open space "shall be utilized for all categories of open space, including parks, recreation areas, natural areas and such other uses consistent with the concept of open space," which McGuckin said prevents tighter deed restrictions.

Mutter said he disagreed with McGuckin's interpretation of the ordinance, and urged the council to reconsider requiring a deed restriction.

Paul Jeffrey of Ortley Beach asked why the township was bonding for the purchase, rather than paying cash for the property, and town officials said bonding allows the township to stretch its open space funds.

Business administrator Louis Amoruso said the township maintains a balance of $2 million to $3 million years in its open space fund, with money spent on down payments and expenses for open space purchases being replenished yearly by the town's open space tax. The first bond repayment also will come from the open space fund, officials said.

Council President Matt Lotano said the township has enough money in its open space fund to be able to buy property for more than 10 years.

The proposed purchase of the property on West Whitty Road next to the Donovan Catholic sports complex was the result of St. Joseph church officials approaching the township and giving it the right of first refusal to buy the land.

The second reading and public hearing on the West Whitty Road purchase is anticipated to be at the May 24 council meeting.