Township of Jackson, NJ Article III Administration

§ 244-7 Planning Board.

A. Establishment. The Planning Board, presently in existence pursuant to N.J.S.A. 40:55D-1 et seq., is hereby continued, to consist of nine members of the following four classes:

(1) Class I: the Mayor.

(2) Class II: one of the officials of the Township other than a member of the Township Committee, to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there are both a member of the Zoning Board of Adjustment and a member of the Jackson Township Board of Education among the Class IV members or alternate members.

(3) Class III: a member of the Township Committee, to be appointed by it.

(4) Class IV: six other citizens of the Township of Jackson, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment, except that one member may be a member of the Zoning Board of Adjustment, and one may be a member of the Jackson Township Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there are among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.

B. Terms.

(1) The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.

(2) The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Jackson Township Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first.

(3) The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that, to the greatest extent practicable, the expiration of such terms shall be evenly distributed over the first four years after their appointment, as determined by resolution of the Township Committee; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the terms of any present members of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years, except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

C. Alternate members.

(1) There are hereby authorized two alternate members of the Planning Board, who shall be appointed by the Mayor for Class IV members and shall meet the qualifications of Class IV members. The alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2."

(2) The alternate members shall serve for terms of two years, terminating as of December 31 of the year next following appointment; provided, however, that in the event two alternate members are appointed initially, their initial terms shall terminate as of December 31 of the year next following appointment, respectively. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only. The alternate members may participate in discussions of the proceedings but may not vote, except in the absence or disqualification of a regular member of any Class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

D. Vacancies. If a vacancy of any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided, for the unexpired term.

E. Conflicts. No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

F. Removal. Any member other than a Class I member, after a public hearing if he requests one, may be removed by the Township Committee for cause.

G. Organization of the Planning Board. The Planning Board shall annually elect a Chairman and Vice Chairman from the members of Class IV and select a Secretary and Assistant Secretary, who may be either a member of the Planning Board or a municipal employee designated by it.

H. Planning Board Attorney. There is hereby created the position of Planning Board Attorney. The Planning Board may annually appoint and fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Municipal Attorney.

I. Experts and staff. The Planning Board may also employ or contract for the services of experts and other staff and services as it may deem necessary. The Planning Board shall not exceed, however, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.

J. Rules and regulations. The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.

K. Powers.

(1) The Planning Board shall have the following powers:

(a) To make and adopt, and from time to time amend, a Master Plan for the physical development of the municipality, in accordance with the provisions of Article 3 of N.J.S.A. 40:55D-1 et seq.

(b) To administer subdivision control and site plan review, in accordance with the provisions of this chapter and Article 6 of N.J.S.A. 40:55D-1 et seq.

(c) To grant exceptions from certain requirements for subdivision and site plan approval, pursuant to N.J.S.A. 40:55D-51.

(d) To make and adopt, and from time to time amend, an Official Map, pursuant to Article 5 of N.J.S.A. 40:55D-1 et seq.

(e) To approve conditional use applications, in accordance with the provisions of this chapter and pursuant to N.J.S.A. 40:55D-67.

(f) To annually prepare a program of municipal capital improvement projects over a term of six years, and amendments thereto, and to recommend the same to the Township Committee, pursuant to the provisions of N.J.S.A. 40:55D-29.

(g) To review capital projects, pursuant to N.J.S.A. 40:55D-31.

(h) When reviewing applications for approval of subdivision plats, site plans or conditional uses, to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:

[1] Variances, pursuant to N.J.S.A. 40:55D-70c, from lot areas, dimensional, setback and yard requirements.

[2] Direction, pursuant to N.J.S.A. 40:55D-34, for issuance of permits for buildings or structures in the bed of a mapped street or public drainageway, flood-control basin or public area reserved, pursuant to N.J.S.A. 40:55D-32.

[3] Direction, pursuant to N.J.S.A. 40:55D-36, for issuance of permits for buildings or structures not related to a street. Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.

(i) To participate in the preparation and review of programs or plans required by state or federal law or regulation.

(j) To assemble data on a continuing basis as part of a continuing planning process.

(k) To perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the Township Committee or other agencies or officers.

(l) To consider and make report to the Township Committee within 35 days after referral as to any proposed development regulation submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass upon other matters specifically referred to the Planning Board by the Township Committee, pursuant to the provisions of N.J.S.A. 40:55D-26b.

(m) To establish subcommittees, as it sees fit, which shall be composed of Planning Board members appointed by the Planning Board Chairman.

(n) To exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Committee for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to § 244-79K of this chapter.

(o) To grant de minimis exceptions to the Residential Site Improvement Standards adopted pursuant to N.J.A.C. 5:21 in accordance with the provisions of § 244-182F.

[Added 6-8-1998 by Ord. No. 15-98]

(2) The Township Committee may, by ordinance, provide for the reference of any matter or class of matters to the Planning Board before final action thereon by a municipal body or municipal officer having final authority thereon. Such reference shall not extend the time for action by the referring body, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by ordinance to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.

L. Simultaneous review. The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer's being required to make further application to the Planning Board or the Planning Board's being required to hold further hearings. The longest time period for action by the Planning Board, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer, notice of the hearing on the plat shall include reference to the request for such conditional use.

§ 244-8 Zoning Board of Adjustment.

A. Establishment. The Zoning Board of Adjustment, presently in existence pursuant to N.J.S.A. 40:55D-1 et seq., is hereby continued. The Zoning Board of Adjustment shall consist of seven regular members, who shall be appointed by the Township Committee.

[Amended 12-28-1998 by Ord. No. 38-98]

B. Alternate members.

(1) The Zoning Board of Adjustment shall not have more than two alternate members, who shall be appointed by the Township Committee. Alternate members shall be designated at the time of appointment by the Township Committee as "Alternate No. 1" and "Alternate No. 2."

[Amended 12-28-1998 by Ord. No. 38-98]

(2) Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

C. Terms.

(1) The members of the Board of Adjustment shall continue in office until their respective terms expire.

(2) The terms of the members first appointed under this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of a regular member shall not exceed four years and that the initial term of an alternate member shall not exceed two years. Thereafter, the term of each regular member shall be four years, and the term of each alternate member shall be two years.

D. Vacancies. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only, as herein and above provided.

E. Conflicts. No member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. No member may hold elective office or position under the municipality.

F. Removal. A member may, after a public hearing if he requests one, be removed by the Township Committee for cause.

G. Organization of the Board of Adjustment. The Board of Adjustment shall annually elect a Chairman and Vice Chairman from its members and shall also select a Secretary who may or may not be a Board member or another municipal employee.

H. Board of Adjustment Attorney. There is hereby created the position of Attorney to the Zoning Board of Adjustment. The Zoning Board of Adjustment may annually appoint and fix the compensation of or agree upon the rate of compensation of the Zoning Board of Adjustment Attorney, who shall be an attorney other than the Municipal Attorney.

I. Experts and staff. The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for its use.

J. Rules and regulations. The Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.

K. Powers.

(1) The Board of Adjustment shall have the power to:

(a) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the administrative officer based on or made in the enforcement of this chapter.

[1] Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the municipality based on or made in the enforcement of this chapter. Each appeal shall be taken within the 20 days prescribed by N.J.S.A. 40:55D-72 by filing a notice of appeal with the office from whom the appeal was taken, together with three copies of said notice with the Secretary of the Board of Adjustment. Said notice of appeal shall specify the grounds for said appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

[2] An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.

[3] The Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq., reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made and to that end have all the powers of the administrative officer from whom the appeal was taken.

(b) Hear and decide requests for interpretation of the Zoning Map or this chapter or for decisions upon other special questions upon which the Board of Adjustment is authorized to pass by any Zoning or Official Map Ordinance in accordance with N.J.S.A. 40:55D-1 et seq.

(c) Grant variances as follows:

[1] General.

[a] Where, by reason of exceptional narrowness, shallowness or shape of a specific property or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Article 8 of N.J.S.A. 40:55D-1 et seq., would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship.

[b] Where, in an application or appeal relating to a specific piece of property, the purposes of N.J.S.A. 40:55D-1 et seq. would be advanced by a deviation from requirements of this chapter and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article 8 of N.J.S.A. 40:55D-1 et seq.; provided, however, that no variance from those departures enumerated in § 244-8K(1)(c)[2] and [3] below shall be granted under this subsection, and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has the power to review a request for variance pursuant to N.J.S.A. 40:55D-60a.

[2] Additional.

[a] In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article 8 of N.J.S.A. 40:55D-1 et seq. to permit:

[i] A use or principal structure in a district restricted against such use or principal structure.

[ii] An expansion of a nonconforming use.

[iii] Deviation from a specification or standard, pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use.

[iv] An increase in the permitted floor area ratio, as defined in N.J.S.A. 40:55D-4.

[v] An increase in the permitted density as defined in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this subsection shall be granted only by affirmative vote of at least five members, in the case of a municipal board, or 2/3 of the full authorized membership, in the case of a regional board pursuant to Article 10 of N.J.S.A. 40:55D-1 et seq.

[b] Pinelands development credits.

[i] Any municipal variance approval which grants relief from the density or lot area requirements set forth in §§ 244-87, 244-90, 244-91 and 244-92 for the RG-2, RG-3 or RG-4 Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.

[Amended 4-12-1993 by Ord. No. 10-93; 2-26-1996 by Ord. No. 4-96; 12-30-1996 by Ord. No. 27-96]

[ii] Any variance or other approval for a residential use in the RGC-1, RGC-2 or PM-1 Zone shall require that Pinelands development credits be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size and for 100% of the authorized units for parcels over 20 acres in size.

[Amended 12-23-2002 by Ord. No. 50-02]

[iii] Any variance or other approval for a nonresidential use not otherwise permitted in the RG-2, RG-3 or RG-4 Zone shall require that Pinelands development credits be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.

[Amended 2-26-1996 by Ord. No. 4-96; 12-23-2002 by Ord. No. 50-02]

[iv] Any municipal variance approval which grants relief from the density or lot area requirements set forth in §§ 244-87, 244-93 and 244-94 for a residential or principal nonresidential use in the PV, PVC-1 or PVC-2 Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.

[Added 12-30-1996 by Ord. No. 27-96]

[3] No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter. In respect of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this section permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that Act, except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

(d) Direct issuance of a permit, pursuant to N.J.S.A. 40:55D-34, for a building or structure in the bed of a mapped street or public drainageway, flood-control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.

(e) Direct issuance of a permit, pursuant to N.J.S.A. 40:55D-36, for a building or structure not related to a street.

(f) Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval, pursuant to Article 6 of N.J.S.A. 40:55D-1 et seq., or conditional use approval, pursuant to N.J.S.A. 40:55D-67, whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to N.J.S.A. 40:55D-70. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon the grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and this chapter. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq., for the approval in question and the special vote, pursuant to N.J.S.A. 40:55D-70d, shall not be required.

(g) To grant de minimis exceptions to the Residential Site Improvement Standards adopted pursuant to N.J.A.C. 5:21 in accordance with the provisions of § 244-182F.

[Added 6-8-1998 by Ord. No. 15-98]

(2) Any variance granted under § 244-8K(1)(c)[2] and [3] above shall be valid for a period of one year from the date of the granting of the same where subsequent submission of an application for development for a minor subdivision, preliminary plat of a major subdivision, minor site plan or preliminary plat of a major site plan is required. However, upon written request by the applicant within the one-year period, said variance may be extended by the Board of Adjustment for a period not to exceed one year. The applicant shall be entitled to only one such extension. Failure of the applicant to act within the time period or extension, as provided herein, shall render the variance null and void.

L. Time for decision.

(1) The Board of Adjustment shall render a decision not later than 120 days after the date:

(a) An appeal is taken from a decision of the administrative officer; or

(b) A complete application for development to the Board of Adjustment, pursuant to N.J.S.A. 40:55D-72b, is submitted.

(2) Failure of the Board to render a decision within the one-hundred-twenty-day period, or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant.

(3) Whenever an application for development requests relief pursuant to N.J.S.A. 40:55D-76b, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in N.J.S.A. 40:55D-1 et seq. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application. A certificate of the administrative officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the Ocean County recording officer for purposes of filing subdivision plats.

(4) Whenever review or approval of the application by the Ocean County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Jackson Township Board of Adjustment shall condition any approval it grants upon the timely receipt of a favorable report on the application by the Ocean County Planning Board or approval by the Ocean County Planning Board by its failure to report thereon within the required time.

M. Modification on appeal. The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and, to that end, have all the powers of the administrative officer from whom the appeal is taken.

N. Stay of proceedings by appeal; exception. An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.

O. Annual report. The Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on provisions of this chapter which were the subject of variance requests and its recommendations for amendment or revision of this chapter, if any. The Board of Adjustment shall send copies of the report and resolution to the Township Committee and Planning Board.

P. Referral. The Board of Adjustment may, at its option, refer an application to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

§ 244-9 Provisions applicable to Planning Board and Zoning Board of Adjustment.

A. Meetings.

(1) Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.

(2) Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which meetings shall be held on notice to the Board's members and the public, in accordance with all applicable legal requirements.

(3) Action taken.

(a) No action shall be taken at any meeting without a quorum's being present.

(b) All actions shall be taken by majority vote of a quorum, except as otherwise required by any provision of N.J.S.A. 40:55D-1 et seq. Failure of a motion to receive the number of votes required to approve an application for development shall be deemed an action denying the application.

(4) All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Act, P.L. 1975, c. 231.[1] An executive session for the purpose of discussing and studying any matters to come before the Board shall not be deemed a regular or special meeting within the meaning of N.J.S.A. 40:55D-1 et seq.

[1] Editor's Note: See N.J.S.A. 10:4-6 et seq.

(5) When any hearing before the Board shall carry over one or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him a transcript or recording of the meeting from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

B. Minutes.

(1) Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney; the action taken by the Board; and the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes in an amount sufficient to cover the cost of such reproduction.

(2) The Secretary of the Board, or the person designated by the Board for keeping the minutes of meetings, shall, within 10 days following each meeting of the Board, submit minutes of the meeting to the Township Administrator, Township Attorney, Township Clerk, Township Engineer and all department heads.

C. Hearings.

(1) Rules. The Planning Board and Zoning Board of Adjustment shall hold a hearing on each application for development and shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.

(2) Filing of documents. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the administrative officer. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

(3) Oaths. The Board Chairman presiding at the hearing, or such person as he may designate, shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.

(4) Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

(5) Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

(6) Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The Board shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense. Said transcript shall be certified in writing by the transcriber to be accurate.

D. Decisions.

(1) The Board shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Board shall provide the findings and conclusions through:

(a) A resolution adopted at a meeting held within the time period provided in N.J.S.A. 40:55D-1 et seq., for action by the Board on the application for development; or

(b) A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action, pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by N.J.S.A. 40:55D-10. If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipality.

(2) A copy of the decision shall be mailed by the Board Secretary within 10 days of the date of decision to the applicant or, if represented, then to his attorney, without separate charge, and to all who request a copy of the decision for a reasonable fee in an amount sufficient to cover the cost of such mailing. A copy of the decision shall also be filed by the Board in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee in the amount sufficient to cover the cost of such copy and available for public inspection at his office during reasonable hours.

(3) A brief notice of the decision shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant, and proof of publication shall be submitted to the administrative officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

E. Notice requirements for hearing.

(1) Whenever public notice of a hearing is required on an application for development, the applicant shall give notice thereof at least 10 days prior to the date of the hearing, in accordance with the following:

(a) Public notice of a hearing on an application for development shall be given for all of the following:

[1] Appeal or variance pursuant to N.J.S.A. 40:55D-70.

[2] Directive for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.

[3] Conditional uses pursuant to N.J.S.A. 40:55D-67.

[4] Preliminary major subdivision plats.

[5] Preliminary major site plans.

[6] Preliminary site plans for planned developments.

(b) Public notice shall be given by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.

(c) Giving of notice.

[1] Notice of hearing requiring public notice pursuant to this section shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within 200 feet in all directions of the property which is the subject of such hearing, and whether located within or outside the municipality in which the applicant's land is located, provided that this requirement shall be deemed satisfied by notice to a condominium association, in the case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Such notice shall be given by serving a copy thereof on the property owner, as shown on said current tax duplicate, or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate.

[2] Notice to a partnership owner may be made by service upon any partner.

[3] Notice to a corporate owner may be made by service upon its president or a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.

[4] Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.

(d) Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to this chapter to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.

(e) Notice shall be given by personal service or certified mail to the Ocean County Planning Board of a hearing on all applications for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.

(f) Notice shall be given by personal service or certified mail to the Commissioner of the New Jersey Department of Transportation of a hearing on any application for development of property adjacent to a state highway.

(g) Notice shall be given by personal service or certified mail to the State Planning Commission of any hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the administrative officer, pursuant to N.J.S.A. 40:55D-10b.

(h) The applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.

(i) Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing, in accordance with the provisions of N.J.S.A. 40:55D-14.

(2) Form of notice. All notices required to be given, pursuant to the terms of this chapter shall state:

(a) The date, time and place of the hearing;

(b) The nature of the matters to be considered;

(c) Identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office; and

(d) The location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.

F. List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of names and addresses of owners whom the applicant is required to give notice pursuant to § 244-9E(1)(c) above. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.

[Amended 10-27-2009 by Ord. No. 33-09]

G. Conditional approvals.

(1) In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Board shall process such application for development in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and this chapter, and, if such application for development complies with the provisions of this chapter, the Board shall approve such application, conditioned on the removal of such legal barrier to development.

(2) In the event that development proposed by an application for development requires an approval of a governmental agency other than the Board, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the Board shall make a decision on any application for development within the time period provided in this chapter and N.J.S.A. 40:55D-1 et seq., or within an extension of such period as has been agreed to by the applicant, unless the Board is prevented or relieved from so acting by the operation of law.

(3) Whenever review or approval of the application by the Ocean County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Ocean County Planning Board or approval by the Ocean County Planning Board by its failure to report thereon within the required time period.

(4) Time limits within which to obtain approvals from outside agencies. When an application for development has been approved by the municipal agency subject to the conditions and approvals of outside agencies, the applicant shall have 18 months to obtain those approvals from said agencies. An extension of the eighteen-month period within which to comply with the conditions of approval imposed by the municipal agency may be granted by that municipal agency for a period of time it determines.

H. Tolling of running of period of approval. In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare, and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval shall be suspended for the period of time said legal action is pending or such directive or order is in effect.

§ 244-10 Provisions applicable to Planning Board.

A. The Planning Board shall adopt an administrative and technical checklist which will set forth the submission requirements for each type of application.

B. Within five business days of the date of submission of an application, the Planning Board Clerk shall review the submitted documents, fees, etc., and determine whether the application is administratively complete.

(1) If the application is administratively complete, the Clerk shall log in the application and assign a case number. The date that the application is deemed administratively complete shall be deemed to be the date of a "complete" submission for the purpose of commencing the time period for completeness review pursuant to N.J.S.A. 40:55D-10.3.

(2) If the application is deemed not to be administratively complete, the Clerk shall return the submission package to the applicant with a letter setting forth the deficiencies.

(3) If an applicant requests a waiver of one of the administrative checklist requirements, the Clerk shall, provided that the application is otherwise administratively complete, refer the waiver request to the full Planning Board for consideration. If the Planning Board grants the waiver request, the Clerk shall certify the application as administratively complete within five business days after the decision of the Planning Board. If the waiver request is denied, then the Clerk shall return the submission package to the applicant with a letter setting forth the Planning Board's denial of the waiver request.

C. Upon certification of an administratively complete application, the Clerk shall transmit the application package to the Planning Board Engineer for a technical completeness review. Said review shall be completed within 45 days of the date the application was deemed to be administratively complete.

D. Within the forty-five-day period, the Planning Board Engineer shall make a determination that the submitted documents, plans, etc., are in conformance with the technical requirements of the applicable code requirements.

(1) If the submitted plans, documents, etc., are determined to be technically complete, the Planning Board Engineer shall issue a certification of technical completeness to the applicant and shall schedule the application for a hearing on the next available agenda of the Planning Board. The Engineer shall also issue an engineering report to the applicant.

(2) If the submitted documents, plans, etc., are determined not to be technically complete, the Planning Board Engineer shall issue a deficiency letter to the applicant setting forth the technical deficiencies of the submitted documents, plans, etc., and return the application package to the applicant for revision and resubmission to the Planning Board Engineer.

(3) If the applicant requests a waiver of any technical requirements of the applicable ordinance, the Planning Board Engineer shall, provided that the plans are otherwise technically complete, submit the waiver request to the full Planning Board for a determination. If the Planning Board grants the requested waiver, the Planning Board Engineer shall certify the application as technically complete in accordance with Subsection D(1) above. If the waiver request is denied, then the Planning Board Engineer shall issue a deficiency letter to the applicant in accordance with Subsection D(2) above.

E. Following a determination of technical completeness, the Planning Board Engineer may, at his discretion, and prior to the initial public hearing, request a plan review meeting with the applicant and the applicant's professional consultants and also with other members of the Planning Board's professional staff to review the submitted plans and other documents to resolve any engineering, planning or legal issues in order to expedite the public hearing process. No member of the Planning Board shall attend the plan review meeting. Upon the conclusion of the plan review meeting, the applicant may submit revised plans or other documents prior to the public hearing, provided that said revisions are submitted at least 14 days prior to the public hearing and are on file at the Township Municipal offices for review by the public.

F. At the public hearing, the applicant and/or the applicant's professional consultants shall make a presentation to the Planning Board. The applicant shall also address to the Planning Board's satisfaction all issues contained in the various reports of the Planning Board's professional staff and other municipal agencies. At the conclusion of the applicant's presentation, the Planning Board Chairman shall, if required by the New Jersey Municipal Land Use Law[1] and/or the Jackson Township Code, open the meeting to the general public for comments and questions.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

G. After the conclusion of the public comment and question period, the Planning Board shall either:

(1) Determine that the issues raised by the Planning Board's professional staff have been fully addressed by the applicant and that the plans and other documents are in a form which would permit a final decision of the Planning Board; whereupon, the Board shall close the public hearing and refer the application to the executive caucus session of the Planning Board; or

(2) Determine that there are still unresolved issues and the plans and other documents require substantial revision; whereupon, the Planning Board shall require the applicant to further revise the plans and continue the public hearing to the next available agenda of the Planning Board for consideration of the revised plans.

H. At the executive caucus session of the Planning Board, the Planning Board's professional staff shall review the application with members of the Planning Board. Following this summary, the Planning Board members shall caucus in open public session and shall direct the Planning Board Attorney to prepare a resolution of approval or denial, which is to be read and voted upon at the next public hearing of the Planning Board. Said approval may be subject to appropriate conditions. Members of the public and the applicant and the applicant's professional staff may attend the executive caucus session and respond to questions raised by the Planning Board but may not otherwise participate in the Planning Board's deliberations.

I. At the next public hearing of the Planning Board, the Planning Board shall take formal action on the application and adopt the memorializing resolution, in accordance with the provisions of § 244-9D.

§ 244-11 Certificates and permits.

A. Development permit.

(1) Development permits shall hereafter be secured from the administrative officer:

(a) Prior to the filing of an approved subdivision;

(b) Prior to the issuance of a building permit for the construction, erection or alteration of any structure or sign or part of a structure;

(c) Upon a change in the use of a structure or land; or

(d) For any use of or alteration of the natural condition of a parcel of land or the construction of any improvement above or below the ground.

(2) Where no building permit is required, the development permit shall be secured prior to the issuance of a certificate of occupancy.

(3) Prior to issuance of a development permit, the applicant shall have, where applicable, secured other required permits, including but not limited to:

(a) Access permit from the New Jersey Department of Transportation and/or Ocean County Engineering Department.

(b) Drainage permit from the New Jersey Department of Transportation.

(c) Stream encroachment permit from the New Jersey Department of Environmental Protection.

(d) Coastal Area Facility Review Act (CAFRA) permit from the New Jersey Department of Environmental Protection.

(e) Wetlands permit from the New Jersey Department of Environmental Protection.

(f) Sewage and/or industrial waste treatment permit from the New Jersey Department of Environmental Protection.

(g) Soil disturbance permit from the Ocean County Soil Conservation District.

(h) A certificate of filing from the Pinelands Commission.

B. Certificates as to approval of subdivision of land.

(1) The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision three years preceding the effective date of N.J.S.A. 40:55D-1 et seq. may apply in writing to the administrative officer for issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board and whenever such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

(2) The administrative officer shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record in his office.

(3) Each such certificate shall be designated as "Certificate as to Approval of Subdivision of Land" and shall certify:

(a) Whether there exists in Jackson Township a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of N.J.S.A. 40:55D-1 et seq.

(b) Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.

(4) The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to the municipality.

(5) Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to the provisions of N.J.S.A. 40:55D-55 and this chapter.

(6) If the administrative officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township pursuant to N.J.S.A. 40:55D-55 and § 244-15 of this chapter.

(7) Any such application addressed to the Township Clerk shall be deemed to be addressed to the proper designated officer, and the Township shall be bound thereby to the same extent as though the same was addressed to the designated official.

C. Building permit. No building or structure shall be erected, restored, added to or structurally altered until a permit therefor has been issued by the Construction Official. All applications for such permits shall be in accordance with the requirements of the Building Code. No building permit shall be issued unless the applicant shall have first secured a development permit.

D. Certificate of occupancy.

(1) New uses.

(a) No building or structure shall be occupied or used until such time as a certificate of occupancy is issued by the Construction Official. In addition, certificates of occupancy shall not be issued for any change of ownership, change of use or new use, other than one- and two-family homes, until approval shall have been received from the Jackson Township Bureau of Fire Prevention.

(b) Such certificate shall be issued upon application by the owner, prospective occupant or purchaser only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of the Building Code.

(2) Existing uses at time of passage of this chapter. Upon written request from the owner, tenant, occupant or purchaser under contract, the administrative officer, after inspection, shall issue a certificate of zoning for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms to the provisions of this chapter.

(3) Change of use. Whenever there occurs a change in the use of a building, structure or land, a new certificate of occupancy shall be applied for to ensure compliance with all applicable codes and ordinances. For the purposes of this section, "change in use" shall be broadly construed and shall, for example, include substitution of one type of retail trade use for another and of a particular industrial manufacturing use for another. A certificate of occupancy shall be obtained for each and every change and/or addition of commercial or industrial occupancy. The Construction Official may issue such certificate if the administrative officer determines that the requirements of this chapter are not more stringent than those of the previous occupancy, and provided that the applicant has met the requirements of other applicable regulations.

(4) Scope of certificate of occupancy. The certificate of occupancy shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.

(5) Improvement required. No certificate of occupancy shall be issued until required improvements have been installed in accordance with the provisions of this chapter.

(6) Development permit required. No certificate of occupancy shall be issued for the nonresidential use of any building or structure unless a development permit shall have first been issued for the nonresidential use of such building or structure. Single-family and multifamily residential uses shall be exempt from requiring a development permit under this provision.

E. Any permit, other than a certificate of occupancy, issued in the Pinelands Area shall be subject to the application, notice and review procedures set forth in Articles III and VII of this Chapter 244.

§ 244-12 Fees.

[Amended 4-26-1993 by Ord. No. 14-93; 3-26-1994 by Ord. No. 7-94; 12-30-1996 by Ord. No. 27-96; 2-9-1998 by Ord. No. 5-98; 12-28-1998 by Ord. No. 37-98; 12-27-2000 by Ord. No. 34-00; 2-28-2005 by Ord. No. 08-05; 3-13-2007 by Ord. No. 06-07; 2-26-2013 by Ord. No. 03-13; 8-22-2017 by Ord. No. 15-17; 3-27-2018 by Ord. No. 05-18; 2-2-2022 by Ord. No. 06-22; 10-16-2025 by Ord. No. 36-25; 12-16-2025 by Ord. No. 49-25; 4-14-2026 by Ord. No. 09-26]

A. Administrative fees for all development applications. The developer shall pay, at the time of filing an application with the Jackson Township Planning and Zoning Office, the following nonrefundable fees to the Township of Jackson. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the proposal. Proposals requiring a combination of approvals such as subdivision, site plan and/or variance shall pay a fee equal to the sum of the fee for each element. Administrative fees for combined applications for development shall not exceed $5,000.

(1) Concept plan for nonbinding informal review: no cost.

(2) Minor subdivision: $200.

(3) Minor subdivision for lot consolidation: $130.

(4) Master development plan: $250.

(5) Preliminary plat for major subdivision:

(a) Zero to 50 lots: $350.

(b) Fifty-one to 100 lots: $1,300.

(c) One hundred one lots and greater: $1,800.

(6) Final plat for major subdivision:

(a) Zero to 50 lots: $200.

(b) Fifty-one to 100 lots: $650.

(c) One hundred one lots and greater: $925.

(7) Plan revisions. For the revision of any subdivision plan or plans which have been granted approval: 50% of the original administrative fee for the stage of application (preliminary or final).

(8) Extension of subdivisions:

(a) Extension of preliminary approval: $250.

(b) Extension of final approval: $130.

(c) Resubdivision of final plat: $130.

(d) Extension of time to post bond or meet conditions: $75.

(9) Site plans other than residential:

(a) Preliminary:

[1] Total of Subsection A(9)(a)[1][a], [b] and [c]:

[a] One hundred fifty dollars per acre for each acre being developed.

[b] Thirty dollars for each parking space up to 500 and $20 for each space above 500.

[c] Six cents per square foot of building area up to 5,000 square feet, plus $0.04 per square foot up to 25,000 square feet, plus $0.03 per square foot above 25,000 square feet.

[2] The minimum fee shall be $250.

[3] The maximum fee shall be $5,000.

(b) Final approval: 50% of the preliminary application fee.

(c) Minor site plan: $150.

(10) Site plans for residential uses (townhouses, condominiums, etc.):

(a) Preliminary:

[1] From one to 50 units: $35 per unit.

[2] From 51 to 150 units: $30 per unit.

[3] From 151 units and greater: $20 per unit.

[4] The minimum fee shall be $250.

(b) Final: 50% of preliminary fee.

(11) Plan revisions. For the revision of any site plan or plans which have not been granted approval: 50% of the original fee for the stage of application (preliminary or final).

(12) Amendment to approved application for development, to include but not be limited to major subdivision and site plans which do not fall within the category of administrative approvals and must be reviewed by the Planning Board: $300.

(13) Minor subdivision plat reapproval. For the reapproval of a minor subdivision plat which has been granted a previous approval and meets the criteria set forth in § 244-6 of this chapter: 50% of the original fee.

(14) Administrative approvals: $250.

(15) Extension of preliminary or final site plan approval: $300.

(16) Variances:

(a) Hear and decide appeals:

[1] Single- or two-family uses: $50.

[2] Multifamily uses: $100.

[3] Other: $300.

(b) Interpretation of the zoning regulations or Zoning Map: $75.

(c) Hardship or bulk variance:

[1] Single- or two-family uses: $20 per variance, with a minimum of $50.

[2] Other: $50 per variance, with a minimum of $150.

(d) Use variance:

[1] Residential: $50.

[2] Other residential: $50 per unit, with a minimum of $200.

[3] Other than residential: $350 per acre, with a minimum of $350.

(e) Building permit in conflict with Official Map or building permit for lot not related to a street: $100.

(f) Others, including signs and fences: $50.

(17) Conditional uses:

(a) Residential: $200.

(b) Other: $350.

(18) Zoning certificate application/development permit:

(a) Residential: $30.

(b) Commercial: $50.

(19) Certificate as to approval of subdivision of land: $20.

(20) Certificate of zoning:

(a) Residential: $30.

(b) Commercial: $50.

B. Preparation of resolutions of approval. The following fees shall be paid by the applicant as an administrative fee at the time of filing the application for development with the Planning and Zoning Office:

(1) The cost for the preparation of a resolution for preliminary approval or denial with or without final approval shall be $150.

(2) The cost for the preparation of a resolution for final approval shall be $150.

(3) The cost for the preparation of any other resolution shall be $150.

(4) The fee for any legal costs incurred by the Township to review any performance or maintenance guarantee and prepare any necessary Township resolution in connection with the application of development shall be $300. Said fee shall be submitted when the developer applies for a reduction or release of any performance or maintenance guarantee.

C. Escrow fees. In addition to the above, the developer shall, at the time of filing an application for development, pay the following escrow fees to the Township of Jackson. Said escrow fees shall be used to pay any and all fees incurred by the Planning Board and Zoning Board of Adjustment for any time spent reviewing the application for development or working on said application by the Board's engineer, attorney and any other professional hired by said Board. Said escrow fees shall be used to pay any and all fees incurred by the Township Attorney for any time spent reviewing the application for development or reviewing or preparing documents related to said application. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the proposal. Proposals requiring a combination of approvals such as subdivisions, site plan and/or variances shall pay a fee equal to the sum of the fee for each element. The total amount of escrow fees for combined applications for development shall be a minimum of $1,000.

(1) Minor subdivision: $1,000, plus $500 per lot.

(2) Minor subdivision for lot consolidation: $1,000.

(3) Master development plan: $1,000.

(4) Preliminary plat for major subdivision:

(a) Zero to 30 lots: $1,000, plus $100 per lot.

(b) Thirty-one to 100 lots: $4,000, plus $70 per lot over 30 lots.

(c) One hundred one to 200 lots: $8,900, plus $60 per lot over 100 lots.

(d) Two hundred one lots and greater: $14,900, plus $50 per lot over 200 lots.

(5) Final plat for major subdivision:

(a) Zero to 30 lots: $1,000, plus $50 per lot.

(b) Thirty-one to 100 lots: $2,300, plus $30 per lot over 30 lots.

(c) One hundred one to 200 lots: $4,400, plus $20 per lot over 100 lots.

(d) Two hundred one lots and greater: $6,400, plus $10 per lot over 200 lots.

(6) Site plans other than residential. Preliminary:

(a) Zero to 5,000 square feet of building area: $4,000.

(b) Five thousand one to 10,000 square feet of building area: $4,500.

(c) Ten thousand one to 20,000 square feet of building area: $7,500.

(d) Twenty thousand one to 50,000 square feet of building area: $10,000.

(e) Fifty thousand one to 100,000 square feet of building area: $20,000.

(f) One hundred thousand one and greater square feet of building area: $25,000.

(7) Final approval of other than residential use: 1/2 the preliminary approval application.

(8) Minor site plan for other than residential use: $2,500.

(9) Site plans for residential uses (townhouses, condominiums, etc.). Preliminary:

(a) Zero to 30 units: $1,000, plus $100 per unit.

(b) Thirty-one to 100 units: $4,000, plus $70 per unit over 30 units.

(c) One hundred one to 200 units: $8,900, plus $60 per unit over 100 units.

(d) Two hundred one units or greater: $14,900, plus $50 per unit over 200 units.

(10) Final site plan approval: 50% of the preliminary fee, but not less than $2,000.

(11) Extension of subdivision or site plans:

(a) Extension of preliminary approvals: $1,000.

(b) Extension of final approval: $1,000.

(c) Resubdivision of final plat: $1,000.

(12) Administrative approvals: $500.

(13) Amendment to approved application for development, to include but not be limited to minor subdivision, major subdivision and site plans which do not fall within the category of administrative approvals and must be reviewed by the Planning Board: $1,000.

(14) Variances:

(a) Use variance and density variance:

[1] Single- or two-family use: $1,500.

[2] Multiple-family use: $1,500.

[3] Whole-house generator: $350.

[4] Other: $1,000.

(b) Interpretation of this chapter or Zoning Map: $500.

(c) Hardship or bulk variance: $150.

(d) Building permit in conflict with Official Map or building permit for lot not related to a street: $500.

(e) Others, including signs and fences: $150.

(15) Conditional uses: $1,500.

(16) Certificate as to approval of subdivision of land: $50.

(17) Change of zone request: $500.

D. Inspection costs for on-site and off-site improvements.

(1) Escrow. At least one week prior to the beginning of construction or installation of any required improvements, the developer shall notify the Township Engineer, in writing, of the developer's intention to commence such work. All improvements and utility installation shall be inspected during the time of their installation by the Township Engineer or his designee to ensure satisfactory completion, and no underground installation shall be covered until inspected by the Township Engineer or his designee. The developer shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the inspection of improvements, which fees shall not exceed the sum of the amounts set forth below. The developer shall deposit the necessary inspection fee with the Planning and Zoning Office prior to the start of any construction or prior to signing the final plat, whichever shall first occur. The inspection fee shall be in addition to the amount of any required performance or maintenance guaranties and shall consist of a sum equal in an amount:

(a) Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee; and

(b) Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.

(2) This fee shall be held in reserve by the Township and shall be used to pay the cost of inspecting the construction. It shall be the obligation of the developer to pay for the actual cost of inspecting the construction. Any excess moneys shall be remitted to the developer upon approval of all improvements as provided herein. Any additional inspection costs shall be paid by the developer prior to the approval of the improvements by the governing body as provided for herein.

(3) In the event that final approval of a development has been granted in stages or sections and hence the construction of the required improvements is to be undertaken in stages or sections, bonding and inspection of improvements shall also be in stages or sections.

E. Deposit of escrows with banking institution. Whenever the fees paid under § 244-12C and D shall exceed $5,000, it shall be deposited in a banking institution or savings and loan association in this state, insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the State of New Jersey in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township Treasurer shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. If the amount of interest earned on the deposit exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the Township on an annual basis or at the time the deposit is repaid or applied to the purpose for which it was deposited; provided, however, that the Township shall retain for administrative expenses a sum equivalent to no more than 33 1/3% of the entire amount, which shall be in addition of all other administrative expenses. In the event that the interest paid on a deposit for a year does not exceed $100, the same is to be retained by the Township.

F. Replenishment of escrow account. If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to § 244-12D(1), is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow, provided that the Township delivers to the developer a written escrow deposit request, signed by the Township Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.

G. Returning fees to the applicant. When the Planning and Zoning Office determines that there is no longer any need to retain an escrow account in which to maintain funds pursuant to § 244-12C and D, the applicant shall be entitled to the return of any moneys which remain in those accounts. The applicant shall follow the procedures established by the Planning and Zoning Office to obtain a refund of said funds.

H. Exemption from payment of fees. In accordance with N.J.S.A. 40:55D-8, any philanthropic, fraternal and religious nonprofit organization holding a tax-exempt status under the Federal Internal Revenue Code of 1954 is hereby exempt from the payment of any fees charged under this chapter by virtue of the provisions of N.J.S.A. 40:55D-1 et seq.

I. Tax Map maintenance/GIS database fees.

(1) The following fees shall be paid by the applicant at the time of filing an application with the Jackson Township Planning and Zoning Office:

(a) Minor subdivision up to five lots: $750.

[1] Tax Map change resulting from lot consolidation: $500.

(b) $185 per lot for six lots through 12 lots. A minimum of $1,650 shall be required, however.

(c) $155 per lot for lots between 13 and 19 lots, $2,450 minimum.

(d) $145 per lot for 20 lots or more. $2,850 minimum.

(e) $75 per lot or per change of lot for each lot/tax map revision required due to deed discrepancies, lot line adjustments, easements detailing, ownership labeling, acreage calculation and labeling, street name changes and other minor revisions.

(f) For each commercial site plan $950.

(g) $1,150 per condominium site plan plus $20 per unit for residential condominium projects.

(h) $1,000 for printing/plotting of final deliverables as set forth herein.

(2) In the event that any application for development is denied and the application is no longer pending in any matter before the respective Board, then any portion of the aforementioned fee which has not been expended by the engineer responsible for maintaining the Townships Tax Map and GIS Database, shall be refunded to the applicant.

(3) In addition to the fees set forth herein, each approved applicant shall supply a map of the new subdivision or new lot and a scale suitable for inclusion on the Jackson Township Tax Map/GIS Database. Said map must be submitted in both electronic and hard copy formats and must be compliant with the New Jersey Map Filing Law Guidelines (N.J.S.A. 46-23.1). All electronic filed submissions must also conform to the Jackson Township electronic files submission ordinance.

J. Development fees.

(1) Purpose.

(a) This section establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with the amended Fair Housing Act (P.L. 2024, c. 2),[1] N.J.A.C. 5:99, and the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7). Fees collected pursuant to this section shall be used for the sole purpose of providing very-low-, low- and moderate-income housing in accordance with a court-approved Spending Plan.

[1] Editor's Note: See N.J.S.A. 52:27D-301 et seq.

(2) Basic requirements.

(a) The municipality previously adopted a development fee ordinance, which established the Municipal Affordable Housing Trust Fund.

(b) The municipality shall not spend development fees until the court has approved a plan for spending such fees.

(3) Residential development fees.

(a) Imposed fees.

[1] Residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of 1.5% of the equalized assessed value for residential development, provided no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit.

[2] When an increase in residential density is permitted pursuant to a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers shall be required to pay a "bonus" development fee of 6.0% of the equalized assessed value for each additional unit that may be realized, except that this provision shall not be applicable to a development that will include affordable housing. If the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

Example: If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal 1.5% of the equalized assessed value on the first two units; and the specified higher percentage of 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.

(b) Eligible exactions, ineligible exactions and exemptions for residential development.

[1] Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made an eligible payment in lieu of on-site construction of affordable units, if permitted by ordinance, or by agreement with the municipality and if approved by a municipality prior to the statutory elimination of payments in-lieu on March 20, 2024, per P.L. 2024, c. 2, shall be exempt from development fees.

[2] Developments that have received preliminary or final site plan approval prior to the adoption of this section and any preceding ordinance permitting the collection of development fees shall be exempt from the payment of development fees, unless the developer seeks a substantial change in the original approval. Where a site plan approval does not apply, the issuance of a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for the purpose of determining the right to an exemption. In all cases, the applicable fee percentage shall be determined based upon the development fee ordinance in effect on the date that the construction permit is issued.

[3] Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.

[4] No development fee shall be collected for the demolition and replacement of a residential building resulting from a fire or natural disaster.

(4) Non-residential development fees.

(a) Imposition of fees.

[1] Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.

[2] Within all zoning districts, non-residential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.

[3] Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvements and the equalized assessed value of the newly improved structure; i.e., land and improvements; and such calculation shall be made at the time a final certificate of occupancy is issued. If the calculation required under this section results in a negative number, the non-residential development fee shall be zero.

(b) Eligible exactions, ineligible exactions and exemptions for non-residential development.

[1] The non-residential portion of a mixed-use inclusionary or market-rate development shall be subject to a 2.5% development fee, unless otherwise exempted below.

[2] The 2.5% fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.

(c) Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), as specified in Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption." Any exemption claimed by a developer shall be substantiated by that developer.

(d) A developer of a non-residential development exempted from the non-residential development fee pursuant to the Statewide Non-Residential Development Fee Act shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the non-residential development, whichever is later.

(e) If a property that was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the municipality as a lien against the real property of the owner.

(5) Collection procedures.

(a) Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.

(b) For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption," to be completed by the developer as per the instructions provided in the Form N-RDF. The construction official shall verify the information submitted by the non-residential developer as per the instructions provided on Form N-RDF. The tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

(c) The construction official responsible for the issuance of a building permit shall notify the tax assessor of the issuance of the first construction permit for a development that is subject to a development fee.

(d) Within 90 days of receipt of that notice, the tax assessor shall provide an estimate, based on the plans filed, of the equalized assessed value of the development.

(e) The construction official responsible for the issuance of a final certificate of occupancy shall notify the tax assessor of any and all requests for the scheduling of a final inspection on property that is subject to a development fee.

(f) Within 10 business days of a request for the scheduling of a final inspection, the tax assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

(g) Should the municipality fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b. of Section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6).

(h) 50% of the development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of certificate of occupancy.

(6) Appeal of development fees.

(a) A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by that board, collected fees shall be placed in an interest-bearing escrow account by the municipality. Appeals from a determination of the board may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

(b) A developer may challenge non-residential development fees imposed by filing a challenge with the director of the Division of Taxation. Pending a review and determination by the director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the municipality. Appeals from a determination of the director may be made to the Tax Court in accordance with the provisions of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

(7) Affordable Housing Trust Fund.

(a) A separate, interest-bearing Municipal Affordable Housing Trust Fund shall be maintained by the chief financial officer of the municipality for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.

(b) The following additional funds shall be deposited in the Municipal Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

[1] Payments in lieu of on-site construction of an affordable unit, where previously permitted by ordinance or by agreement with the municipality and if approved by a municipality prior to the statutory elimination of payments in-lieu on March 20, 2024, per P.L. 2024, c. 2[2];

[2] Editor's Note: See N.J.S.A. 52:27D-301 et seq.

[2] Funds contributed by developers to make 10% of the adaptable entrances in a townhouse or other multistory attached dwelling unit development accessible;

[3] Rental income from municipally operated units;

[4] Repayments from affordable housing program loans;

[5] Recapture funds;

[6] Proceeds from the sale of affordable units; and

[7] Any other funds collected in connection with the municipal affordable housing program, including but not limited to interest earned on fund deposits.

(c) The municipality shall provide the Division with written authorization, in the form of a tri-party escrow agreement(s) between the municipality, the Division and the financial institution in which the municipal affordable housing trust fund has been established to permit the Division to direct the disbursement of the funds as provided for in N.J.A.C. 5:99-2.1 et seq.

(d) Occurrence of any of the following deficiencies may result in the Division requiring the forfeiture of all or a portion of the funds in the municipal Affordable Housing Trust Fund:

[1] Failure to meet deadlines for information required by the Division in its review of a development fee ordinance;

[2] Failure to commit or expend development fees within four years of the date of collection in accordance with N.J.A.C. 5:99-5.5;

[3] Failure to comply with the requirements of the Non-Residential Development Fee Act and N.J.A.C. 5:99-3;

[4] Failure to submit accurate monitoring reports pursuant to this section within the time limits imposed by the Act, this chapter, and/or the Division;

[5] Expenditure of funds on activities not approved by the Superior Court or otherwise permitted by law;

[6] Revocation of compliance certification or a judgment of compliance and repose;

[7] Failure of a municipal housing liaison or administrative agent to comply with the requirements set forth at N.J.A.C. 5:99-6, 7, and 8;

[8] Other good cause demonstrating that municipal affordable housing funds are not being used for an approved purpose.

(e) All interest accrued in the housing trust fund shall only be used on eligible affordable housing purposes approved by the Court.

(8) Use of funds.

(a) The expenditure of all funds shall conform to a Spending Plan approved by Superior Court. Funds deposited in the municipal Affordable Housing Trust Fund may be used for any activity approved by the Court to address the fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market-to-affordable program; conversion of existing non-residential buildings to create new affordable units; green building strategies designed to be cost-saving and in accordance with accepted national or state standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by Superior Court and specified in the approved Spending Plan.

(b) Funds shall not be expended to reimburse the municipality or activities that occurred prior to the authorization of a municipality to collect development fees.

(c) At least a portion of all development fees collected and interest earned shall be used to provide affordability assistance to very-low-, low- and moderate-income households in affordable units included in the municipal Fair Share Plan. A portion of the development fees which provide affordability assistance shall be used to provide affordability assistance to very-low-income households.

[1] Affordability assistance programs may include down payment assistance, security deposit assistance, low-interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, infrastructure assistance, and assistance with emergency repairs. The specific programs to be used for affordability assistance shall be identified and described within the Spending Plan.

[2] Affordability assistance for very-low-income households may include producing very-low-income units or buying down the cost of low- or moderate-income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income.

(d) No more than 20% of all affordable housing trust funds, exclusive of those collected to fund an RCA prior to July 17, 2008, shall be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultants' fees necessary to develop or implement a new construction program, prepare and implement a Housing Element and Fair Share Plan, administer an Affirmative Marketing Program and for compliance with the Superior Court and the Program, including the costs to the municipality of resolving a challenge.

(9) Monitoring.

(a) On or before February 15 of each year, the municipality shall provide annual electronic data reporting of trust fund activity for the previous year from January 1st to December 31st through the AHMS Reporting System. This reporting shall include an accounting of all Municipal Affordable Housing Trust Fund activity, including the sources and amounts of all funds collected and the amounts and purposes for which any funds have been expended. Such reporting shall include an accounting of development fees collected from residential and non-residential developers, previously eligible payments in lieu of constructing affordable units on site (if permitted by ordinance or by agreement with the municipality prior to the March 20, 2024, statutory elimination per P.L. 2024, c. 4),[3] funds from the sale of units with extinguished controls, barrier-free escrow funds, rental income from municipally-owned affordable housing units, repayments from affordable housing program loans, interest and any other funds collected in connection with municipal housing programs, as well as an accounting of the expenditures of revenues and implementation of the Spending Plan approved by the Court.

[3] Editor's Note: See N.J.S.A. 52:27D-301 et seq.

(10) Ongoing collection of fees.

(a) The ability to impose, collect and expend development fees shall continue so long as the municipality retains authorization from the Court in the form of Compliance Certification or the good faith effort to obtain it.

(b) If the municipality fails to renew its ability to impose and collect development fees prior to the expiration of its Judgment of Compliance, it may be subject to forfeiture of any or all funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320).

(11) Emergent Affordable Housing Opportunities. Requests to expend affordable housing trust funds on emergent affordable housing opportunities not included in the municipal fair share plan shall be made to the Division and shall be in the form of a governing body resolution. Any request shall be consistent with N.J.A.C. 5:99-4.1.

K. Stormwater management maintenance fee. For purposes of this section, the calculation of the maintenance fee will be based on the type of stormwater management system which is to serve the development, that is, a surface system, such as a detention or retention basin and subsurface infiltration system or a combination of the above. The fee shall be determined as follows:

(1) Surface stormwater management systems (detention or retention basins). The amount of the maintenance fee shall be the annual maintenance cost per acre multiplied by the twenty-five-year maintenance period multiplied by the maintenance area in acres. The maintenance area of the stormwater management basin shall be defined to be the area included within a line drawn around the top of the bank of the basin, plus an additional 25 feet outward from the top of the bank. The annual maintenance cost per acre shall be $1,025. The minimum contribution, regardless of the size of the basin, will be $10,000.

(2) Subsurface infiltration system. The amount of the maintenance fee shall be determined as follows: $1 per linear foot of the infiltration system per year for maintenance multiplied by a twenty-five-year period, plus twice the cost of the subsurface infiltration system (not including structures). The replacement cost shall be the amount of the performance guaranties for the subsurface infiltration system, plus the amount of $27.50 per linear foot for road repair for any portion of the roadway disturbed by such replacement determined by the Township Engineer. The minimum fee, regardless of the length of infiltration system, shall be $10,000.

(3) Combination systems. The required fee shall be based on a combined total of the above.

§ 244-13 Enforcement.

The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the administrative officer, who shall have such powers as are conferred upon him by this chapter and as reasonably may be implied. It shall be the duty of the administrative officer to cause any building, plans or premises to be inspected or examined and to order, in writing, the remedying of any conditions found to exist in violation of this chapter, and he shall have the right to enter any buildings or premises during the daytime, or other normal business hours of the premises, in the course of his duties.

§ 244-14 Records.

A. It shall be the duty of the administrative officer to keep a record of all applications for and all development permits issued, together with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Township Committee, other officials of the Township of Jackson and the public.

B. The administrative officer shall prepare a monthly report for the Township Committee summarizing, for the period since his last report, all development permits issued and all complaints of violations and the action taken by him consequent thereto. A copy of each such report shall be filed with the Township Tax Assessor at the same time it is filed with the Township Committee.

§ 244-15 Violations and penalties.

A. For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agent, contractor lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation continues, be subject to a fine of not more than $1,000 or be imprisoned for a term not exceeding 90 days, or both.

B. Transfer before approval; injunctive relief.

(1) If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter, pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.

(2) In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate as to approval of subdivision of land has not been issued in accordance with § 244-11B of this chapter. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid and, also, to a reasonable search fee, survey expense and title-closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six years, if unrecorded.

C. If, after final approval, it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or plan or in any application for approval or in any representations made to induce approval, the Planning Board or the Township Committee may, in addition to such other sanctions as are available in the law, revoke the approval of any plat, plan or application for development and proceed as if final approval had not been obtained.

D. If the developer or agent of the developer shall, after notification by certified mail from the Township Engineer to cease the construction of improvements, to cease the use of certain construction methods and procedures or to cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property, continue to carry on the activities specifically included in cessation order(s) from the Township Engineer, then any such developer or agent of such developer shall be subject to a fine not to exceed $1,000 or to imprisonment for not more than 90 days. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order by the Township Engineer shall be considered a separate and specific violation.

§ 244-16 Amendments.

All amendments to this chapter and to the Zoning Map which forms a part hereof shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented.

§ 244-17 Pending applications.

A. All pending applications for development for which no approvals have been granted prior to the effective date of this chapter shall be subject to the procedures, standards and other requirements of this chapter.

B. All approvals granted after the effective date of this chapter shall confer upon the applicant all the rights set forth in this chapter.

§ 244-18 Interpretation.

In the application and interpretation of this chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience and general welfare of the Township of Jackson. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

§ 244-19 Repealer.

Chapter 109, Zoning; Chapter 93, Subdivision of Land; Chapter 89, Site Plan Approval; Chapter 21, Planning Board; Chapter 100, Trees; and Chapter 94, Administrative Fees and Escrows for all Development Applications, of the Code of the Township of Jackson, New Jersey, are hereby repealed in their entirety,[1] and any portions of other ordinances which contain provisions inconsistent with this chapter are hereby repealed to the extent of such inconsistency, except that any building permit, variance, special use permit, certificate of occupancy or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance.

[1] Editor's Note: Said repealed chapters were originally located in the 1972 Code.

§ 244-20 Copy to be filed with County Planning Board.

Upon adoption of this chapter, the Township Clerk shall file a copy of this chapter with the Ocean County Planning Board, as required by N.J.S.A. 40:55D-16.