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.
(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.
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.
(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.
(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.
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.
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.
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.
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.
[Amended 12-30-1996 by Ord. No. 27-96; 3-13-2007 by Ord. No. 06-07]
(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.
(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).
(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.
(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)
(19)
Certificate as to approval of subdivision of land: $20.
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.
[Added 12-28-1998 by Ord. No. 37-98]
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.
[Amended 12-27-2000 by Ord. No. 34-00; 2-26-2013 by Ord. No. 03-13; 8-22-2017 by Ord. No. 15-17]
(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:
(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:
(10)
Final site plan approval: 50% of the preliminary fee, but not
less than $2,000.
(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)
(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:
[Amended 3-27-2018 by Ord. No. 05-18]
(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.
[Amended 3-27-2018 by Ord. No. 05-18]
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 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:
(2)
In the event that any application for development is denied and the
application is no longer pending in any manner before the respective
Board, then any portion of the aforementioned fee which has not been
expended by the Engineer responsible for maintaining the Tax Map shall
be refunded to the applicant.
J.
Mandatory development fees.
[Added 4-26-1993 by Ord. No. 14-93; amended 3-26-1994 by Ord. No.
7-94; 2-28-2005 by Ord. No. 08-05; 2-2-2022 by Ord. No. 06-22]
(1)
Purpose. This Subsection J establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with COAH's regulations developed in response to P.L. 2008, c. 46, Sections 8 and 32-38 (N.J.S.A. 52:27D-329.2), 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 Subsection J shall be used for the sole purpose of providing very-low-, low- and moderate-income housing in accordance with a Court-approved spending plan.
(3)
AFFORDABLE HOUSING DEVELOPMENT
COAH or THE COUNCIL
DEVELOPER
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
Definitions. The following terms, as used in this Subsection J, shall have the following meanings:
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable housing development.
The New Jersey Council on Affordable Housing established
under the Fair Housing Act.[1]
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Money paid by a developer for the improvement of property
as authorized by Holmdel Builder's Association v. Holmdel Township,
121 N.J. 550 (1990) and the Fair Housing Act of 1985, N.J.S.A. 52:27D-301
et seq., and regulated by applicable COAH rules.
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with Sections 1,
5, and 6 of P.L. 1973, c. 123 (N.J.S.A. 54:1-35a through c).
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(4)
Residential development fees.
(a)
Imposition of fees.
[1]
Within the Township of Jackson, all residential developers,
except for developers of the types of developments specifically exempted
below and developers of developments that include affordable housing,
shall pay a fee of 1% of the equalized assessed value for all residential
development provided no increased density is permitted. Development
fees shall be imposed and collected when an existing residential structure
is expanded, if the expansion is not otherwise exempt from the development
fee requirement.
[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 development fee of 6% 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.
(b)
Eligible exactions, ineligible exactions and exemptions for
residential developments.
[1]
Affordable housing developments shall be exempt from the payment
of development fees provided that at least 20% of the units in the
project are affordable, deed restricted for-sale units or at least
15% of the units in the project are affordable, deed restricted for-rental
units.
[2]
Developments that have received preliminary or final site plan approval prior to the adoption of this Subsection J 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 site plan approval is not applicable, the issuance of a zoning permit and/or construction 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]
Any expansion of a structure, the cost of which is less than
$20,000, shall be exempt from the payment of development fees. The
cost of the expansion shall be determined by an itemized construction
cost estimate prepared and submitted to the Construction Official.
The estimate shall be signed and sealed by an architect or professional
engineer licensed by the State of New Jersey, or where no such professionals
are retained, signed by the contractor or the homeowner. Where prepared
by the homeowner or contractor, the Township Engineer may review such
estimates for accuracy. The development fee shall be calculated on
the increase in the equalized assessed value of the improved structure.
[4]
Structural alterations that do not increase gross floor area
of a building or structure shall be exempted from paying a development
fee.
[5]
Nonprofit organizations constructing residential projects which
have received tax-exempt status pursuant to Section 501(c)(3) of the
Internal Revenue Code, providing current evidence of that status is
submitted to the Municipal Clerk, together with a certification that
services of the organization are provided at reduced rates to those
who establish an inability to pay existing charges, shall be exempted
from paying a development fee.
[6]
Federal, state, county and local governments shall be exempted
from paying a development fee.
[7]
Homes replaced as a result of a natural disaster, fire or flood
shall be exempt from the payment of a development fee. (This exemption
applies only for the owner of record at the time of the fire, flood,
or natural disaster.)
(5)
Nonresidential development fees.
(a)
Imposition of fees.
[1]
Within all zoning districts, nonresidential developers, except
for developers of the types of developments specifically exempted
below, shall pay a fee equal to 2.5% of the equalized assessed value
of the land and improvements, for all new nonresidential construction
on an unimproved lot or lots.
[2]
Within all zoning districts, nonresidential developers, except
for developers of the types of developments specifically exempted
below, 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 nonresidential 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 preexisting 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 subsection
results in a negative number, the nonresidential development fee shall
be zero.
(b)
Eligible exactions, ineligible exactions and exemptions for
nonresidential development.
[1]
The nonresidential 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% development fee shall not apply to an increase in equalized
assessed value resulting from alterations, change in use within the
existing footprint, reconstruction, renovations and repairs.
[3]
Nonresidential 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.
[4]
A developer of a nonresidential 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 nonresidential development fee, in that event, within three
years after that event or after the issuance of the final certificate
of occupancy for the nonresidential development, whichever is later.
[5]
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this subsection within 45 days of the termination of the property
tax exemption. Unpaid nonresidential development fees under these
circumstances may be enforceable by the Township of Jackson as a lien
against the real property of the owner.
[6]
Federal, state, county and local governments constructing nonresidential
housing shall be exempted from paying a development fee.
(6)
Collection procedures.
(a)
Upon the granting of a preliminary, final or other applicable
approval for a development, the approving authority or entity shall
notify or direct its staff to notify the Construction Official responsible
for the issuance of a construction permit.
(b)
For nonresidential 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 as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the 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
construction permit shall notify the Township Tax Assessor of the
issuance of the first construction permit for a development which
is subject to a development fee.
(d)
Within 90 days of receipt of such notification, the Township
Tax Assessor shall prepare an estimate of the equalized assessed value
of the development based on the plans filed.
(e)
The Construction Official responsible for the issuance of a
final certificate of occupancy shall notify the Township Tax Assessor
of any and all requests for the scheduling of a final inspection on
a property which is subject to a development fee.
(f)
Within 10 business days of a request for the scheduling of a
final inspection, the Township 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 Township of Jackson 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)
Except as provided in Subsection J(5)(a)[3] hereinabove, 50% of the initially calculated development fee may, at the discretion of the nonresidential developer, be collected at the time of issuance of the construction permit. The remaining portion or the entirety of the final calculated development fee shall be collected at the time of issuance of the certificate of occupancy. If the developer paid 50% of the initially calculated development fee, 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 the certificate of occupancy.
(7)
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 the Board, collected fees shall be placed
in an interest-bearing escrow account by the Township of Jackson.
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 nonresidential 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 Township of
Jackson. 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.
(8)
Affordable Housing Trust Fund.
(a)
There has previously been established a separate, interest-bearing
Affordable Housing Trust Fund, which will continue to be maintained
by the Chief Financial Officer of the Township of Jackson for the
purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls.
(b)
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
[1]
Funds contributed by developers to make 10% of the adaptable
entrances in a townhouse or other multistory attached dwelling unit
development accessible;
[2]
Rental income from municipally operated units;
[3]
Repayments from affordable housing program loans;
[4]
Recapture funds;
[5]
Proceeds from the sale of affordable units; and
[6]
Any other funds collected in connection with Jackson's affordable
housing program.
(c)
In the event of a failure by the Township of Jackson to comply
with trust fund monitoring and reporting requirements or to submit
accurate monitoring reports; or a failure to comply with the conditions
of the judgment of compliance or a revocation of the judgment of compliance;
or a failure to implement the approved spending plan and to expend
funds within the applicable required time period as set forth in In
re Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J.
Super. 563); or the expenditure of funds on activities not approved
by the Court; or for other good cause demonstrating the unapproved
use(s) of funds, the Court may authorize the State of New Jersey,
Department of Community Affairs, Division of Local Government Services
(LGS), to direct the manner in which the funds in the Affordable Housing
Trust Fund shall be expended, provided that all such funds shall,
to the extent practicable, be utilized for affordable housing programs
within the Township of Jackson, or, if not practicable, then within
the county or the housing region. Any party may bring a motion before
the Superior Court presenting evidence of such condition(s), and the
Court may, after considering the evidence and providing the municipality
a reasonable opportunity to respond and/or to remedy the noncompliant
condition(s), and upon a finding of continuing and deliberate noncompliance,
determine to authorize LGS to direct the expenditure of funds in the
trust fund or impose such other remedies as may be reasonable and
appropriate to the circumstances.
(d)
Interest accrued in the Affordable Housing Trust Fund shall
only be used to fund eligible affordable housing activities approved
by the Court.
(9)
Use of funds.
(a)
The expenditure of all funds shall conform to a spending plan
approved by the Court. Funds deposited in the Affordable Housing Trust
Fund may be used for any activity approved by the Court to address
the Township of Jackson's 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; Regional Housing Partnership
programs; conversion of existing nonresidential 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 the Court and specified in the approved spending plan.
(b)
Funds shall not be expended to reimburse the Township of Jackson
for past housing activities.
(c)
At least 30% of all development fees collected and interest
earned on such fees 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. One-third of the affordability
assistance portion of development fees collected shall be used to
provide affordability assistance to very-low-income households earning
30% or less of the regional median household income by household size
for Housing Region 4, in which Jackson is located.
[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, 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 to households earning 30% or less of
the regional median household income by household size may include
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. The specific programs to be used for very-low-income
affordability assistance shall be identified and described within
the spending plan.
[3]
Funds from the sale of units with extinguished controls shall
be exempt from the affordability assistance requirement.
(d)
The Township of Jackson may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including its programs for affordability assistance.
(e)
No more than 20% of all revenues collected from development
fees may 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 a Housing Element and Fair Share Plan, and/or administer an
affirmative marketing program or a rehabilitation program.
[1]
Administrative funds may be used for income qualification of
households, monitoring the turnover of sale and rental units, and
compliance with the Court's monitoring requirements. Legal or other
fees related to litigation opposing affordable housing sites or related
to securing or appealing a judgment from the Court are not eligible
uses of the Affordable Housing Trust Fund.
(10)
Monitoring. By November 8 of each year, the Township of Jackson
shall provide annual reporting of Affordable Housing Trust Fund activity
to the State of New Jersey, Department of Community Affairs, Council
on Affordable Housing or Local Government Services or other entity
designated by the State of New Jersey, with a copy provided to Fair
Share Housing Center and posted on the municipal website, using forms
developed for this purpose by the New Jersey Department of Community
Affairs, Council on Affordable Housing or Local Government Services.
The reporting shall include an accounting of all Affordable Housing
Trust Fund activity, including the sources and amounts of 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 nonresidential developers, funds from the sale
of units with extinguished controls, barrier-free escrow funds, rental
income from Township-owned affordable housing units, repayments from
affordable housing program loans, and any other funds collected in
connection with Jackson's affordable housing programs, as well as
an accounting of the expenditures of revenues and implementation of
the spending plan approved by the Court.
(11)
Ongoing collection of fees.
(a)
The ability for the Township of Jackson to impose, collect and
expend development fees shall expire with the expiration of the repose
period covered by its Judgment of Compliance unless the Township of
Jackson has first filed an adopted Housing Element and Fair Share
Plan with the Court or with a designated state administrative agency,
has petitioned for a Judgment of Compliance from the Court or for
substantive certification or its equivalent from a state administrative
agency authorized to approve and administer municipal affordable housing
compliance and has received approval of its Development Fee Ordinance
from the entity that will be reviewing and approving the Housing Element
and Fair Share Plan.
(b)
If the Township of Jackson 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).
(c)
The Township of Jackson shall not impose a residential development
fee on a development that receives preliminary or final site plan
approval after the expiration of its Judgment of Compliance, nor shall
the Township of Jackson retroactively impose a development fee on
such a development. The Township of Jackson also shall not expend
any of its collected development fees after the expiration of its
Judgment of Compliance.
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:
[Added 2-9-1998 by Ord. No. 5-98]
(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.
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.
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.
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.
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.
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.
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.
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.
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.
