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ON TUESDAY, JANUARY 25, 2022, AT 6:30 P.M. THE JACKSON TOWNSHIP COUNCIL HELD ITS (EXECUTIVE SESSION) MEETING IN THE MUNICIPAL BUILDING

ROLL CALL:

COUNCILMAN BORRELLI COUNCILMAN CHISHOLM COUNCILMAN SAUICKIE COUNCIL VICE PRESIDENT KERN COUNCIL PRESIDENT FLEMMING

ATTORNEY MCGUCKIN TOWNSHIP CLERK FESTINO

ALSO IN ATTENDANCE: BUSINESS ADMINISTRATOR TERENCE WALL MAYOR MICHAEL REINA ATTORNEY JERRY DASTI ATTORNEY BRENT POHLMAN

As Clerk of this meeting, I publicly announce that in compliance with the provisions of the “Open Public Meetings Act” adequate notice of this meeting of the Jackson Township Council has been advertised in the manner prescribed by law.

RESOLUTION 077R-22

RESOLUTION 077R-22 TITLE: RESOLUTION FOR EXECUTIVE SESSION TO AUTHORIZE TOWNSHIP COUNCIL TO ENTER INTO CLOSED DISCUSSIONS CONCERNING MATTERS AS NOTED BELOW

MOTION TO APPROVE BY: BORRELLI MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

WHEREAS, Section 8 of the Open Public Meetings Act permits the exclusion of the public from a public meeting under certain circumstances; and

WHEREAS, this governing body is of the opinion that such circumstances presently exist.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, and State of New Jersey, as follows:

1. The public shall be excluded from discussion concerning the hereinafter-specified subject matter.
2. The general nature of the subject matter to be discussed is as follows:
3. b)Personnel/Professionals:
4. c)Litigation/Potential Litigation: Update
5. d)Potential Land Sale/Land Acquisition:
6. e)Contracts/Agreements:
3. It is anticipated that the subject matter discussed may be made public upon its conclusion or final disposition.

DATED: 1-25-2022

DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK

7:33 P.M. - RECONVENE PUBLIC MEETING IN THE MAIN MEETING ROOM OF THE MUNICIPAL BUILDING

PLEDGE OF ALLEGIANCE

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COUNCIL PRESIDENT FLEMMING- Please remain standing for a moment of silence for our Armed Forces and for our First Responders.

ROLL CALL:

COUNCILMAN BORRELLI COUNCILMAN CHISHOLM COUNCILMAN SAUICKIE COUNCIL VICE PRESIDENT KERN COUNCIL PRESIDENT FLEMMING ATTORNEY MCGUCKIN TOWNSHIP CLERK FESTINO

ALSO IN ATTENDANCE: BUSINESS ADMINISTRATOR TERENCE WALL MAYOR MICHAEL REINA

As Clerk of this meeting, I publicly announce that in compliance with the provisions of the “Open Public Meetings Act” adequate notice of this meeting of the Jackson Township Council has been advertised in the manner prescribed by law.

COUNCILMAN BORRELLI – Gave condolences to the families and fellow Officers of NYPD Officer Jason Rivera just 22 years old, who was murdered in the line of duty in Harlem last Friday. Please keep your prayers for his follow Officer Wilbert Mora who recently passed away this afternoon. Stated it is sickening what is happening in our Country with the increase in crime and thanked God for our Police. Please keep them in prayer as they work to keep our community safe and secure 24/7. To the Jackson Township Police Department this Council has your back.

Thanked Councilman Sauickie for Ordinance 01-22 creating a Rova Farms Advisory Board because of his efforts and Council Vice President Kern for the purchase of Rova Farms back in 2019. This significant historic area of town will be preserved for residents to enjoy for years to come. This continues to protect Jackson’s environment and natural resources.

COUNCILMAN CHISHOLM- Democratic government overreach from Trenton forces the economy to raise everyone's oil and gas bill and mandate you to redo your heating. Stated in December Senator Bob Smith from New Jersey dropped S4273 law that required that all businesses and private homeowners effectively throw away your perfectly good working gas powered leaf blowers because they are destroying the environment. You will not only need to buy a new leaf blower if yours is perfectly fine but you can be fine after one year in service. Thankfully it was squashed but keep your eyes out.

COUNCILMAN SAUICKIE- Gave condolences to both Officer Rivera and Mora. Very eloquent and emotional words from Councilman Borrelli. Stated it was a murder, an ambush to those Officers and it reminds us of how important a role the Police play as by Council Borrelli had mentioned. This Council has spoken about Jackson Police on numerous occasions and stated they are second to none in this State and have the back of the Governing Body. It's unfortunate that incidents with what happened with the NYPD has to remind people of the job that these Officers do every day and put their lives on the line.

Gave condolences to the Glory family. Clara Glory lost her Mother this week. We just spoke about Pat Wood a couple of weeks ago who was very active in Town who was Clara's Sister.

Thanked Councilman Borrelli for mentioning Ordinance 01-22 about Rova Farms the response to the new subcommittee that we’ve created has been overwhelming. We wrote the ordinance to have up to 10 people on that subcommittee which we exceeded interest in already. Clearly we thought when the opportunity to purchase that property and preserve it for the Town and the residents came up. We thought we would get a good response and we did and people recognize that it’s an important piece of history within the Town and that the subcommittee with resident participation which is what it’s designed for and it has gotten a great response and certainly will be developed into something great with that level of participation.

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COUNCIL VICE PRESIDENT KERN – Waived Comments.

COUNCIL PRESIDENT FLEMMING- Condolences to Clara for her second lose in her rather short time.

We are supposed to get some nasty weather this weekend. Prepare ahead of time, whether it does or doesn’t come, it is better to be prepared and be safe.

Advised there’s an omission on your Agenda and Resolution 091R-22 is added on tonight’s meeting allows us to participate in the National Opioid Settlement Program. This has to do with a multi-billion dollar settlement and by participating in this program, we have the possibility of getting some of this money back from what our emergency services have spent in time and hours responding to these problems. It was a late addition to the agenda and I wanted to make sure you had some background information on what we are talking about.

MAYOR MICHAEL REINA- Jackson Township Council had put out there our thoughts and prayers go to with the families of the murdered Police Officers in New York City. Our thoughts and prayers to the NYPD as well.

Jackson Township residents let it be known that our response to defund the Police is not only to defend our Police Department and we’ll be hiring even more Police Officers. Going to build our department to make them even stronger than what is it is right now. Public safety is job #1 no matter what anyone says. We are going to have a strong Police Department and a supportive Police Department.

Council President Flemming bought up the possibility of this week’s snowstorm and right now it is not looking good. Any issues should be directed to the Department of Public Works and/or the Mayor’s Office and they will get on those streets that weren’t attended to.

APPROVE EXECUTIVE SESSION MEETING MINUTES: JANUARY 11, 2022

MOTION TO APPROVE BY: KERN SECONDED BY: BORRELLI YES: BORRELLI, SAUICKIE, KERN, FLEMMING ABSTAIN: CHISHOLM

ORDINANCES, SECOND READING:

ORDINANCE: 01-22

TITLE: AN ORDINANCE AMENDING CHAPTER 3 OF THE TOWNSHIP'S ADMINISTRATIVE CODE OF THE TOWNSHIP OF JACKSON TO CREATE THE ROVA FARMS ADVISORY BOARD

PUBLIC HEARING OPENED:

ELENOR HANNUM- JACKSON RESIDENT— Thanked Council for doing this Board. Ms. Hannum gave some background information and stories about Rova Farms and Cassville’s deep culture for the Russian population and history. Ms. Hannum asked when it comes to the development of this property or the preservation of this property, would there be an opportunity that Jackson Township would sell it to a developer to maintain it as open space?

Council President Flemming stated the Township is not in the habit of selling land at all. We’re trying acquire as much of it can so we can to keep open space. Ms. Hannum asked if the building would be demolished and Council President Flemming stated it will be, there have been people through it trying to pull historic pieces out. They are trying to get an entire wall out of it that has a mural on it and have that restored. There is an asbestos issue within the building. We have gotten RFPs on that, and the building is not salvageable. There has been a lot of damage recently from people breaking in. Ms. Hannum asked about the foot print structure and if that could be saved? Her concern is that this structure has hosted many events and the history would be gone. Council

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President Flemming stated feelings aside, this building cannot be salvaged. It would not be financially feasible or prudent for us to do it and he understands the historical pieces. Councilman Chisholm stated if you have any suggestions we are getting ready to have a committee and there will be members and Councilman Saucikie and himself are supposed to serve. If you have specific ideas once the committee is formed, by all means bring them to us. For safety and other purposes that building needs to come down regarding a foot print or something else has not been determined. Ms. Hannum wanted to know how to apply for the committee. Councilman Sauickie advised she can fill out a citizen's leadership form found on the Township website. We're going to choose members right now it is set up for ten. Proposed in the ordinance would include an educator from town. As well as an historian from Pathfinders (who has already responded) and Green Acres. We think there is a lot of history preserved around the history but is also in an educational way. The footprint as mentioned by Councilman Chisholm is part of the subcommittee within the feedback. He has been in the building and it has an asbestos and water damage problem and we will preserve whatever we can. The subcommittee will determine what can be preserved and keep involving the ongoing use of the property.

Before coming to the meeting Ms. Hannum emailed Council a link with Grants for Historical Preservation both National and State and would like Council to look into them.

MOTION TO CLOSE PUBLIC HEARING ON ORDINANCE 01-22 BY: KERN MOTION SECONDED BY: SAUICKIE YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

MOTION TO APPROVE ORDINANCE 01-22 ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: SAUICKIE MOTION SECONDED BY: CHISHOLM YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

ORDINANCE 01-22

NOW, THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows:

SECTION 1. Purpose. The Township of Jackson has utilized substantial taxpayer funds to purchase various parcels of open space in the general vicinity of that portion of the municipality identified as the “Rova Farms Section”. These purchases were designed to assemble various parcels for future recreation and conservation purposes for the Township of Jackson. It is the intention of this Ordinance to create a Rova Farms Advisory Board to assist the Township in its planning for the future of these properties for the benefit of all residents of Jackson Township.

SECTION 2. Chapter 3-153 of the Township Code of the Township of Jackson is hereby amended to include a new subsection to be designed as 3-153M and entitled “Rova Farms Advisory Board” which shall state as follows:

1. The Rova Farms Advisory Board shall assist and advise Mayor and Council in implementing and planning the future use and development of the Rova Farms properties previously purchased or obtained in the future.
2. The Committee shall consist of up to ten members who shall be appointed by the Township Council. The Committee shall consist of at least one member of each of the following:
3. a.A person with a career in education
4. b.A person with a historical perspective or experience
5. c.A member of the Going Green Committee
6. d.A member of the Pathfinders
7. e.And such other members as Council may deem appropriate to appoint. All members appointed shall be residents of Jackson Township.

SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

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SECTION 4. This Ordinance shall take effect after second reading and publication as required by law.

DATE: _____ MAYOR MICHAEL REINA

MAYOR MICHAEL REINA

NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of the Township of Jackson held on the 11th day of January, 2022, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 25th day of January, 2022, at 7:30 p.m., at the Township Municipal Building, located at 95 West Veterans Highway, Jackson, New Jersey, at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard.

DIANE C. FESTINO, RMC

Jackson Township Clerk

ORDINANCE: 03-22

TITLE: AN ORDINANCE AMENDING CHAPTER 210 – FLOOD DAMAGE PREVENTION; TO ADOPT A NEW CHAPTER 210 – FLOOD DAMAGE PREVENTION; TO ADOPT FLOOD HAZARD MAPS; TO DESIGNATE A FLOODPLAIN ADMINISTRATOR; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE

PUBLIC HEARING OPENED: NO ONE CAME FORWARD.

MOTION TO CLOSE PUBLIC HEARING ON ORDINANCE 03-22 BY: KERN MOTION SECONDED BY: SAUICKIE YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

MOTION TO APPROVE ORDINANCE 03-22 ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: CHISHOLM MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

ORDINANCE 03-22

WHEREAS, the Legislature of the State of New Jersey has, in N.J.S.A. 40:48 et seq. and N.J.S.A. 40:55D et seq., conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and

WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of TOWNSHIP OF JACKSON and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and

WHEREAS, the TOWNSHIP OF JACKSON was accepted for participation in the National Flood Insurance Program on December 29, 2006 and the TOWNSHIP COUNCIL desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59, 60, 65 and 70 necessary for such participation; and

WHEREAS, the TOWNSHIP OF JACKSON is required, pursuant to N.J.S.A. 5:23 et seq., to administer and enforce the State building codes, and such building

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codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas; and

WHEREAS, the TOWNSHIP OF JACKSON is required, pursuant to N.J.S.A. 40:49-5, to enforce zoning codes that secure safety from floods and contain certain provisions that apply to the development of lands; and

WHEREAS, the TOWNSHIP OF JACKSON is required, pursuant to N.J.S.A.58:16A-57, within 12 months after the delineation of any flood hazard area, to adopt rules and regulations concerning the development and use of land in the flood fringe area which at least conform to the standards promulgated by the New Jersey Department of Environmental Protection (NJDEP).

NOW, THEREFORE, BE IT ORDAINED by the TOWNSHIP COUNCIL of TOWNSHIP OF JACKSON that the following floodplain management regulations are hereby adopted.

SECTION 1. RECITALS.

The foregoing whereas clauses are incorporated herein by reference and made a part hereof.

SECTION 2. These regulations specifically repeal and replace the following ordinance(s) and regulation(s): CHAPTER 210 - Flood Damage Prevention.

SECTION 101 SCOPE AND ADMINISTRATION

101.1 Title. These regulations, in combination with the flood provisions of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter “Uniform Construction Code,” consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter “FHACA”), N.J.A.C. 7:13, shall be known as the Floodplain Management Regulations of TOWNSHIP OF JACKSON (hereinafter “these regulations”).

101.2 Scope. These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in Section 102 of these regulations.

101.3 Purposes and objectives. The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

1. Protect human life and health.
2. Prevent unnecessary disruption of commerce, access, and public service during times of flooding.
3. Manage the alteration of natural floodplains, stream channels and shorelines;
4. Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.
5. Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
6. Contribute to improved construction techniques in the floodplain.
7. Minimize damage to public and private facilities and utilities.
8. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
9. Minimize the need for rescue and relief efforts associated with flooding.
10. Ensure that property owners, occupants, and potential owners are aware of

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property located in flood hazardareas.

11. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
12. Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations, Section 59.22.

101.4 Coordination with Building Codes. Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the TOWNSHIP OF JACKSON administer and enforce the State building codes, the TOWNSHIP COUNCIL of TOWNSHIP OF JACKSON does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Uniform Construction Code.

101.5 Ordinary Building Maintenance and Minor Work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc. shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the Substantial Damage and Substantial Improvement Section 103.14 of this ordinance.

101.6 Warning. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.

101.7 Other laws. The provisions of these regulations shall not be deemed to nullify any provisions of local, State, or Federal law.

101.8 Violations and Penalties for Noncompliance. No structure or land shall hereafter be constructed, re-located to, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this ordinance or fails to comply with any of its requirements shall be subject to one (1) or more of the following: a fine of not more than $1250, imprisonment for a term not exceeding ninety(90) days or a period of community service not exceeding 90 days.

Each day in which a violation of an ordinance exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the Court may determine except that the owner will be afforded the opportunity to cure or abate the condition during a 30 day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the 30 day period, a fine greater than $1250 may be imposed if the court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed.

Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance.

101.8.1 Solid Waste Disposal in a Flood Hazard Area. Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this ordinance or fails to comply with any of its requirements shall

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upon conviction thereof be fined not more than $2500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.

101.9 Abrogation and greater restrictions. These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.

SECTION 102 APPLICABILITY

102.1 General. These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.

102.2 Establishment of Flood Hazard Areas. The TOWNSHIP OF JACKSON was accepted for participation in the National Flood Insurance Program on September 12, 2006.

The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all Federal, State, and Local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA Special Flood Hazard Area. Maps and studies that establish flood hazard areas are on file at the MUNICIPAL BUILDING, 95 WEST VETERANS HIGHWAY, JACKSON, NEW JERSEY 08527.

• The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the Best Available Flood Hazard Data Area:
• Effective Flood Insurance Study. Special Flood Hazard Areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled “Flood Insurance Study, Ocean County, New Jersey (all jurisdictions),” dated September 29, 2006 and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 102.2(1) whose effective date is September 29, 2006 are hereby adopted by reference.

SECTION 102

Table 102.2(1)

0063 12-29-2006

0130 12-29-2006

0131 12-29-2006

0135 12-29-2006

0140 12-29-2006

0145 12-29-2006

0155 12-29-2006

0160 12-29-2006

0164 12-29-2006

0165 12-29-2006

0166 12-29-2006

0167 12-29-2006

0176 12-29-2006

0260 12-29-2006

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1. 1) Federal Best Available Information. TOWNSHIP OF JACKSON shall utilize Federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM). Additional Federal Best Available studies issued after the date of this ordinance must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.

Table 102.2(2)

Map Panel # Preliminary Date Map Panel # Preliminary Date

2. Other Best Available Data. TOWNSHIP OF JACKSON shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the TOWNSHIP OF JACKSON. Other “best available information” may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in Section 102.2 (1) and (2), above. This information shall be used for floodplain regulation purposes only.
3. State Regulated Flood Hazard Areas. For State regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the “Flood Hazard Area Control Act Design Flood Elevation”, as defined in Section 201, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the Special Flood Hazard Areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.

Table 102.2(3) List of State Studied Waters

Name of Studied Water File Name Map Number

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102.3 Establishing the Local Design Flood Elevation (LDFE).

The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in Section 102.2, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum Statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this ordinance.

At a minimum, the Local Design Flood Elevation shall be as follows:

1. For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in Section 102.2, above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or
2. For any undelineated watercourse (where mapping or studies described in 102.2(1) and (2) above are not available) that has a contributary drainage area of 50 acres or more, the applicants must provide one of the following to determine the Local Design Flood Elevation:
3. a.A copy of an unexpired NJDEP Flood Hazard Area Verification plus one foot of freeboard and any additional freeboard as required by ASCE 24-14; or
4. b.A determination of the Flood Hazard Area Design Flood Elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24-14. Any determination using these methods must be sealed and submitted according to Section 105.2-3.
3. AO Zones – For Zone AO areas on the municipality’s FIRM (or on preliminary flood elevation guidance from FEMA), the Local Design Flood Elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus one foot freeboard. If no depth number is specified, the Local Design Flood Elevation is three (3) feet above the highest adjacent grade.
4. Class IV Critical Facilities - For any proposed development of new and substantially improved Flood Design Class IV Critical Facilities, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500 year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional 2 feet of freeboard in accordance with ASCE 24.
5. Class III Critical Facilities - For proposed development of new and substantially improved Flood Design Class III Critical Facilities in coastal high hazard areas, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500 year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional 1 foot of freeboard in accordance with ASCE 24.

SECTION 103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR

103.1 Floodplain Administrator Designation. The ZONING OFFICER is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.

103.2 General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Section 107 of these regulations.

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103.3 Coordination. The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.

103.4 Duties. The duties of the Floodplain Administrator shall include but are not limited to:

1. Review all permit applications to determine whether proposed development is located in flood hazard areas established in Section 102 of these regulations.
2. Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
3. Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
4. Determine whether additional flood hazard data shall be obtained or developed.
5. Review required certifications and documentation specified by these regulations and the building code to determine that such certifications and documentations are complete.
6. Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 103.14 of these regulations.
7. Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
8. Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the Uniform Construction code to determine whether such requests require consideration as a variance pursuant to Section 107 of these regulations.
9. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available.
10. Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).
11. Inspect development in accordance with Section 106 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
12. Prepare comments and recommendations for consideration when applicants seek variances in accordance with Section 107 of these regulations.
13. Cite violations in accordance with Section 108 of these regulations.
14. Notify the Federal Emergency Management Agency when the corporate boundaries of TOWNSHIP OF JACKSON have been modified.
15. Permit Ordinary Maintenance and Minor Work in the regulated areas discussed in Section 102.2.

103.5 Use of changed technical data. The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the State pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other

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related feature.

103.6 Other permits. It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by Federal or State agencies having jurisdiction over such development, including section 404 of the Clean Water Act. In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.

103.7 Determination of Local Design Flood Elevations. If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:

1. Obtain, review, and reasonably utilize data available from a Federal, State, or other source, or
2. Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.

It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed Best Available Flood Hazard Data Area and the Local Design Flood Elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in 102.2 and 102.3 respectively. This information shall be provided to the Construction Official and documented according to Section 103.15.

103.8 Requirement to submit new technical data. Base Flood Elevations may increase or decrease resulting from natural changes (e.g. erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g. dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

103.9 Activities in riverine flood hazard areas. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 feet at any point within the community.

103.10 Floodway encroachment. Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land-disturbing-activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.

103.10.1 Floodway revisions. A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.

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103.11 Watercourse alteration. Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.

103.11.1 Engineering analysis. The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.

103.12 Alterations in coastal areas. The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.

103.13 Development in riparian zones All development in Riparian Zones as described in N.J.A.C. 7:13 is prohibited by this ordinance unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other Floodplain Development provisions of this ordinance. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the waterbody and designated in the New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine State permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.

103.14 Substantial improvement and substantial damage determinations. When buildings and structures are damaged due to any cause including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitation, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:

1. Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
2. Determine and include the costs of all ordinary maintenance and minor work, as discussed in Section 102.2, performed in the floodplain regulated by this ordinance in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
3. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.
4. Determine and document whether the proposed work constitutes substantial

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improvement or repair of substantial damage.

5. (5) Notify the applicant in writing when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood resistant construction requirements of the building code to the NJDEP Bureau of Flood Engineering.

103.15 Department records. In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations including as-built Elevation Certificates; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the Local Design Flood Elevation in the floodplain development permit.

103.16 Liability. The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.

SECTION 104 PERMITS

104.1 Permits Required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

104.2 Application for permit. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:

1. Identify and describe the development to be covered by the permit.
2. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.
3. Indicate the use and occupancy for which the proposed development is intended.
4. Be accompanied by a site plan and construction documents as specified in Section 105 of these regulations, grading and filling plans and other information

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deemed appropriate by the Floodplain Administrator.

5. State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.
6. Be signed by the applicant or the applicant's authorized agent.

104.3 Validity of permit. The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.

104.4 Expiration. A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.

104.5 Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.

SECTION 105 SITE PLANS AND CONSTRUCTION DOCUMENTS

105.1 Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:

1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.
2. Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 105.2.
3. Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 105.2(3) of theseregulations.
4. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A zones, new buildings shall be located landward of the reach of mean high tide.
5. Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.
7. (7)Extent of any proposed alteration of sand dunes.
8. Existing and proposed alignment of any proposed alteration of a watercourse.
9. Floodproofing certifications, V Zone and Breakaway Wall Certifications, Operations and Maintenance Plans, Warning and Evacuation Plans and other documentation required pursuant to FEMA publications.

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The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.

105.2 Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:

1. Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.
2. Obtain, review, and reasonably utilize data available from a Federal, State or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.
3. Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.
4. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a Letter of Map Change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.
5. 105.3 Analyses and certifications by a Licensed Professional Engineer. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:
1. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 105.4 of these regulations and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.
2. For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments will not increase the base flood elevation more than 0.2 feet at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
3. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section 105.4 of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
4. For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.

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(5) For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A zones).

105.4 Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

SECTION 106 INSPECTIONS

106.1 General. Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

106.2 Inspections of development. The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.

106.3 Buildings and structures. The Construction Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.

1. Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section 801.2 shall be submitted to the Construction Official on an Elevation Certificate.
2. Lowest horizontal structural member. In V zones and Coastal A zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section 801.2 shall be submitted to the Construction Official on an Elevation Certificate.
3. Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in Section 801.2.
4. Final inspection. Prior to the final inspection, certification of the elevation required in Section 801.2 shall be submitted to the Construction Official on an Elevation Certificate.

106.4 Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an Elevation Certificate to the Floodplain Administrator prior to the final inspection.

SECTION 107 VARIANCES

107.1 General. ZONING BOARD OF ADJUSTMENT shall hear and decide requests for variances. The ZONING BOARD OF ADJUSTMENT shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Section 107.5, the conditions of issuance set forth in Section 107.6, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The ZONING BOARD OF ADJUSTMENT has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.

107.2 Historic structures. A variance to the substantial improvement requirements of

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this ordinance is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of the historic structure as described by this ordinance, and the variance is the minimum necessary to preserve the historic character and design of the structure.

107.3 Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.

107.4 Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in Section 105.3(1) of these regulations.

107.5 Considerations. In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:

1. The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
2. The danger to life and property due to flooding or erosion damage.
3. The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.
4. The importance of the services provided by the proposed development to the community.
5. The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.
6. The compatibility of the proposed development with existing and anticipated development.
7. The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
8. (8)The safety of access to the property in times of flood for ordinary and emergency vehicles.
9. The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.
10. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.

107.6 Conditions for issuance. Variances shall only be issued upon:

1. Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.
2. A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing

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local laws or ordinances.

4. A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. Notification to the applicant in writing over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.

SECTION 108 VIOLATIONS

108.1 Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.

108.2 Authority. The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by these regulations and that is determined to be a violation.

108.3 Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.

108.4 Review Period to Correct Violations. A 30-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than $1,250.00 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

SECTION 201 DEFINITIONS

201.1 General. The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Other terms are defined in the Uniform Construction Code N.J.A.C. 5:23 and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.

201.2 Definitions

30 DAY PERIOD – The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation pertaining to this ordinance has been issued.

100 YEAR FLOOD ELEVATION – Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year which is also referred to as the Base Flood Elevation.

500 YEAR FLOOD ELEVATION – Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.

A ZONES – Areas of ‘Special Flood Hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the Base

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Flood Elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) zones A, AE, AH, A1–A30, AR, AR/A, AR/AE, AR/A1–A30, AR/AH, and AR/AO. When used in reference to the development of a structure in this ordinance, A Zones are not inclusive of Coastal A Zones because of the higher building code requirements for Coastal A Zones.

AH ZONES– Areas subject to inundation by 1-percent-annual-chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base Flood Elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.

AO ZONES – Areas subject to inundation by 1-percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.

ACCESSORY STRUCTURE – Accessory structures are also referred to as appurtenant structures. An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.

AGRICULTURAL STRUCTURE - A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the Base Flood Elevation (BFE) as any other nonresidential building. Under some circumstances it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).

AREA OF SHALLOW FLOODING – A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD – see SPECIAL FLOOD HAZARD AREA

ALTERATION OF A WATERCOURSE – A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

ASCE 7 – The standard for the Minimum Design Loads for Buildings and Other Structures, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads including those from natural hazards. Flood related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.

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ASCE 24 – The standard for Flood Resistant Design and Construction, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. References to ASCE 24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code [N.J.A.C. 5:23].

BASE FLOOD ELEVATION (BFE) – The water surface elevation resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the “100-year flood elevation”.

BASEMENT – Any area of the building having its floor subgrade (below ground level) on all sides.

BEST AVAILABLE FLOOD HAZARD DATA - The most recent available preliminary flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA AREA- The areal mapped extent associated with the most recent available preliminary flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA ELEVATION - The most recent available preliminary flood elevation guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BREAKAWAY WALLS – Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the Local Design Flood Elevation, it will collapse under specific lateral loads such that (1) it allows the free passage of floodwaters, and (2) it does not damage the structure or supporting foundation system. Certification in the V Zone Certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.

BUILDING – Per the FHACA, “Building” means a structure enclosed with exterior walls or fire walls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.

CONDITIONAL LETTER OF MAP REVISION - A Conditional Letter of Map Revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CONDITIONAL LETTER OF MAP REVISION - FILL -- A Conditional Letter of Map Revision - Fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood

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Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CRITICAL BUILDING – Per the FHACA, “Critical Building” means that:

• a.It is essential to maintain continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or
• b.It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day care center, assisted living facility, or nursing home.

DEVELOPMENT – Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.

DRY FLOODPROOFING – A combination of measures that results in a non-residential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.

ELEVATED BUILDING – A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.

ELEVATION CERTIFICATE – An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).

ENCROACHMENT – The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

FEMA PUBLICATIONS – Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents including ASCE 24.

FLOOD OR FLOODING

• a.A general and temporary condition of partial or complete inundation of normally dry land areas from:
• The overflow of inland or tidal waters.
• The unusual and rapid accumulation or runoff of surface waters from any source.
• The unusual and rapid accumulation or runoff of surface waters from any source.
• Mudslides (I.e. mudflows) which are proximately caused by flooding as defined

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• b.The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this definition.
• FLOOD HAZARD AREA DESIGN FLOOD ELEVATION – Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the State, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A zone to a V zone or coastal A zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1 – 3.6 and is typically higher than FEMA’s base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.

FLOOD INSURANCE RATE MAP (FIRM) – The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS) – The official report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

FLOODPLAIN OR FLOOD PRONE AREA – Any land area susceptible to being inundated by water from any source. See "Flood or flooding."

FLOODPLAIN MANAGEMENT REGULATIONS – Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING – Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

FLOODPROOFING CERTIFICATE – Certification by a licensed design professional that the design and methods of construction for floodproofing a non-residential structure are in accordance with accepted standards of practice to a proposed height above the structure’s lowest adjacent grade that meets or exceeds the Local Design Flood Elevation. A completed floodproofing certificate is required at permit application.

FLOODWAY – The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

FREEBOARD – A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE – A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or

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passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.

HABITABLE BUILDING— Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multi-residence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a non-habitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.

HARDSHIP – As related to Section 107 of this ordinance, meaning the exceptional hardship that would result from a failure to grant the requested variance. The TOWNSHIP COUNCIL requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.

HISTORIC STRUCTURE – Any structure that is:

• a.Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
• b.Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
• c.Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
• d.Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
• By an approved State program as determined by the Secretary of the Interior; or
• Directly by the Secretary of the Interior in States without approved programs.
• LAWFULLY EXISTING – Per the FHACA, means an existing fill, structure and/or use, which meets all Federal, State, and local laws, and which is not in violation of the FHACA because it was established:
• a.Prior to January 31, 1980; or
• b.On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.

Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered “lawfully existing” for the purposes of the NFIP. This definition is included in this ordinance to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA.

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LETTER OF MAP AMENDMENT - A Letter of Map Amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the Letter of Map Change (LOMC) process. A LOMA establishes a property's location in relation to the Special Flood Hazard Area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.

LETTER OF MAP CHANGE – The Letter of Map Change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an Area of Special Flood Hazard on an Flood Insurance Rate Map (FIRM). Conditional Letters of Map Revision, Conditional Letters of Map Revision – Fill, Letters of Map Revision, Letters of Map Revision-Fill, and Letters of Map Amendment are requested through the Letter of Map Change (LOMC) process.

LETTER OF MAP REVISION - A Letter of Map Revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letter of Map Revisions are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.

LETTER OF MAP REVISION – FILL -- A Letter of Map Revision Based on Fill (LOMR-F) is FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be initiated through the Letter of Map Change (LOMC) Process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.

LICENSED DESIGN PROFESSIONAL – Licensed design professional shall refer to either a New Jersey Licensed Professional Engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors or a New Jersey Licensed Architect, licensed by the New Jersey State Board of Architects.

LICENSED PROFESSIONAL ENGINEER - A licensed professional engineer shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.

LOCAL DESIGN FLOOD ELEVATION (LDFE) – The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform Construction Codes and any additional freeboard specified in a community’s ordinance. In no circumstances shall a project’s LDFE be lower than a permit-specified Flood Hazard Area Design Flood Elevation or a valid NJDEP Flood Hazard Area Verification Letter plus the freeboard as required in ASCE 24 and the effective FEMA Base Flood Elevation.

LOWEST ADJACENT GRADE – The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones where it is the natural grade elevation.

LOWEST FLOOR – In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's

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lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements of these regulations.

MANUFACTURED HOME – A structure that is transportable in one or more sections, eight (8) feet or more in width and greater than four hundred (400) square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.

MANUFACTURED HOME PARK OR SUBDIVISION – A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MARKET VALUE – The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy nor sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) established by a qualified independent appraiser.

NEW CONSTRUCTION – Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.

NON-RESIDENTIAL – Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.

ORDINARY MAINTENANCE AND MINOR WORK – This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018 New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air conditioning equipment, exhaust fans, built in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of State or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.

RECREATIONAL VEHICLE – A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.

RESIDENTIAL – Pursuant to the ASCE 24:

• a.Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or non-transient basis;
• b.Structures including but not limited to one- and two-family dwellings, townhouses, condominiums, multi-family dwellings, apartments, congregate residences, boarding houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and
• c.institutional facilities where people are cared for or live on a 24-hour basis in a

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supervised environment, including but not limited to board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.

SOLID WASTE DISPOSAL – “Solid Waste Disposal” shall mean the storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than 6 months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

SPECIAL FLOOD HAZARD AREA – The greater of the following: (1) Land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30, AE, A99, or AH; (2) Land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13; (3) Riparian Buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the AREA OF SPECIAL FLOOD HAZARD.

START OF CONSTRUCTION – The Start of Construction is as follows:

• a.For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA), this is the date the building permit was issued, provided that the actual start of construction, repair, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
• b.For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change, the Start of Construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.

Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change.

For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

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For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.

STRUCTURE – A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.

SUBSTANTIAL DAMAGE – Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT – Any reconstruction, rehabilitation, addition, or other improvement of a structure taking place, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either:

• a.Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
• b.Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.

VARIANCE – A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.

VIOLATION – A development that is not fully compliant with these regulations or the flood provisions of the building code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION – the height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.

WATERCOURSE. A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.

WET FLOODPROOFING – Floodproofing method that relies on the use of flood damage resistant materials and construction techniques in areas of a structure that are below the Local Design Flood Elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and non-residential structures and to accessory and agricultural structures that have been issued variances by the community.

SECTION 301 SUBDIVISIONS AND OTHER DEVELOPMENTS

301.1 General. Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:

(1) All such proposals are consistent with the need to minimize flood damage.

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2. All public utilities and facilities, such as sewer, gas, electric and water systems are located and constructed to minimize or eliminate flood damage.
3. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.
4. 301.2 Subdivision requirements. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
1. The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.
2. Residential building lots shall be provided with adequate buildable area outside the floodway.
3. The design criteria for utilities and facilities set forth in these regulations and appropriate codes shall be met.

SECTION 401 SITE IMPROVEMENT

401.1 Encroachment in floodways. Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with Section 105.3(1) of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flooddischarge. If Section 105.3(1) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Section 801.2 of this ordinance and the floodway requirements of N.J.A.C. 7:13.

401.1.1 Prohibited in floodways. The following are prohibited activities:

1. The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C. 7:13.
2. Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.

401.2 Sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into flood waters, or impairment of the facilities and systems.

401.3 Water facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.

401.4 Storm drainage. Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.

401.5 Streets and sidewalks. Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.

401.6 Limitations on placement of fill. Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall

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comply with the flood storage displacement limitations of N.J.A.C. 7:13.

401.7 Hazardous Materials. The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste is met.

SECTION 501 MANUFACTURED HOMES

501.1 General. All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).

501.2 Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in Section 801.2.

501.3 Foundations. All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on permanent, reinforced foundations that are designed in accordance with Section R322 of the Residential Code.

501.4 Anchoring. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.

501.5 Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Section 801.2.

501.6 Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Section 801.2 of these regulations.

Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 801.2, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

SECTION 601 RECREATIONAL VEHICLES

601.1 Placement prohibited. The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.

601.2 Temporary placement. Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.

601.3 Permanent placement. Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of Section 801.2 for habitable buildings. SECTION 701 TANKS

701.1 Tanks. Underground and above-ground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.

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SECTION 801 OTHER DEVELOPMENT AND BUILDING WORK

801.1 General requirements for other development and building work. All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:

1. Be located and constructed to minimize flood damage;
2. Meet the limitations of Section 105.3(1) of this ordinance when located in a regulated floodway;
3. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the Local Design Flood Elevation determined according to Section 102.3;
4. Be constructed of flood damage-resistant materials as described in ASCE 24 Chapter 5;
5. Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to Section 102.3 or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the Local Design Flood Elevation unless the attendant utilities and equipment are:
6. i.Specifically allowed below the Local Design Flood Elevation; and
7. ii.Designed, constructed, and installed to prevent floodwaters, including any backflow through the system from entering or accumulating within the components.
6. Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and
7. Not exceed the impacts to frequency or depth of offsite flooding as required by N.J.A.C. 7:13 in floodways.
8. 801.2 Requirements for Habitable Buildings and Structures.
1. Construction and Elevation in A Zones not including Coastal A Zones.
2. a.No portion of a building is located within a V Zone.
3. b.No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building’s foundation is designed in accordance with ASCE 24, Chapter 4.
4. c.All new construction and substantial improvement of any habitable building (as defined in Section 201) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in Section 102.3, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate.
5. d.All new construction and substantial improvements of non-residential structures shall:
6. i.Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in Section 102.3, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate; or
7. ii.Together with the attendant utility and sanitary facilities, be designed so that below the Local Design Flood Elevation, the structure:

1. Meets the requirements of ASCE 24 Chapters 2 and 7; and

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2. Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a Floodproofing Certificate, and is confirmed by an Elevation Certificate.
3. e.All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:
4. iii.For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;
5. iv.Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is non-residential and the requirements of 801.2.1(d)ii are met;
6. v.Be constructed to meet the requirements of ASCE 24 Chapter 2;
7. vi.Have openings documented on an Elevation Certificate; and
8. vii.Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C.7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including pre-construction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:
1. The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.
2. The depth of flooding that the enclosure would experience to the Flood Hazard Area Design Flood Elevation;
3. The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement;

801.3 Garages and accessory storage structures. Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.

801.4 Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Section 105.3(1) of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than 6 feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Section 107 of this ordinance.

801.5 Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Section 105.3(1) of these regulations and N.J.A.C. 7:13.

801.6 Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Above-ground swimming pools and

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below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Section 105.3(1) of the seregulations. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.

801.7 Roads and watercourse crossings.

1. For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the Flood Hazard Area Design Elevation in accordance with N.J.A.C. 7:13.
2. Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of Section 105.3(1) of these regulations.

SECTION 901 TEMPORARY STRUCTURES AND TEMPORARY STORAGE

901.1 Temporary structures. Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.

901.2 Temporary storage. Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.

901.3 Floodway encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of Section 105.3(1) of these regulations.

SECTION 1001 UTILITY AND MISCELLANEOUS GROUP U

1001.1 Utility and Miscellaneous Group U. In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 sq. ft.), fences more than 6 feet (1829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.

1001.2 Flood loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the Local Design Flood Elevation as determined in Section 102.3.

1001.3 Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the Local Design Flood Elevation as determined in Section 102.3 and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.

1001.4 Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with Section 801.2 and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior

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walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.

1001.5 Flood-damage resistant materials. Flood-damage-resistant materials shall be used below the Local Design Flood Elevation determined in Section 102.3.

1001.6 Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the Local Design Flood Elevation determined in Section 102.3.

Exception: Electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the Local Design Flood Elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the Local Design Flood Elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the Local Design Flood Elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

SECTION 3. SEVERABILITY.

Where any section, subsection, sentence, clause, or phrase of these regulations is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared.

SECTION 4. This Ordinance shall take effect after second reading and publication as required by law.

DATE: ___ MAYOR MICHAEL REINA

MAYOR MICHAEL REINA

NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of the Township of Jackson held on the 11th day of January, 2022, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 25th day of January, 2022, at 7:30 p.m., at the Township Municipal Building, located at 95 West Veterans Highway, Jackson, New Jersey, at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard.

DIANE C. FESTINO, RMC Jackson Township Clerk

ORDINANCE: 04-22 TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING CHAPTER 162-4 OF THE

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TOWNSHIP CODE OF THE TOWNSHIP OF JACKSON WITH RESPECT TO VOLUME CALCULATIONS FOR CERTAIN NEW CONSTRUCTION.

PUBLIC HEARING OPENED:

NO ONE CAME FORWARD.

MOTION TO CLOSE PUBLIC HEARING ON ORDINANCE 04-22 BY: KERN MOTION SECONDED BY: SAUICKIE YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

MOTION TO APPROVE ORDINANCE 04-22 ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: KERN MOTION SECONDED BY: CHISHOLM YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

ORDINANCE 04-22

NOW, THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, that Chapter 162-4 of the Township Code be amended as follows:

SECTION I. Purpose. The Township of Jackson has carefully reviewed its current and existing constructions fees charged for new construction within the municipality. In accordance with N.J.A.C. 5:23-2.28, the fees for new construction are calculated based upon the per unit volume of a particular structure. In addition, pursuant to N.J.A.C. 5:23:4.18, said unit rates may vary for different occupancy groups or structures of different sizes within the same occupancy group. The Township has determined that the permit cost for larger, open-air structures in use group A4 should be adjusted since the permit cost for such large open-air structures has no rational relationship to costs incurred by the municipality to review same due to the large volume of air which would otherwise be included in the permit cost calculation. It is the purpose of this Ordinance to correct this discrepancy so as to insure the fees generated do not substantially exceed the costs associated with the operations of the Township's Building Department.

SECTION II. A new subsection shall be added to Chapter 162-4 which shall state as follows:

• A.(1) No Change
• New Construction. The fee shall be based upon the volume of the structure.
• (a)No change.
• (b)No change.

[1] No change.

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[2] No change.

[3] No change.

[4] No change.

[5] New Section. The cubic volume calculation for A4 use group, open-air type structures, such as domes exceeding 2,000,000 cubic units shall be as follows:

• (i)for the first 2,000,000 square feet, the rate shall be the same as any other structure in the same use category.
• (ii)for up to the next 2,000,000 square feet, (2,000.001-
• (ii)for up to the next 2,000,000 square feet, (2,000.001-4,000,000), the rate shall be 20% of the rate charged for any other structure in the same use category. (0.008)
• (iii)for any square footage over 4,000,001 square feet, 2% of the rate charged for any other structure in the same use category. (0.002)
• (iv)In the event a permit was applied for, paid for and
• (IV)In the event a permit was applied for, paid for and obtained within 90 days prior to the effective date of this Ordinance, the Township shall, upon request, refund the applicant the difference between the amount paid for said permit and what the permit fee would be under the terms of this Ordinance.
• (c)No Change.
• No change.
• No change.
• No change.
• No change.
• No change.
• No change.
• No change.
• No change.
• No change.
• No change.
• No change.
• No change.
• No change.
• No change.
• No change.
• No change.
• B.No change.
• C.No change.
• D.No change.
• E.No change.
• F.No change.
• G.No change.
• H.No change.
• I.No change.
• J.No change.
• K.No change.
• L.No change. SECTION III. If any section, subsection, sentence, clause, phrase or portion of

SECTION III. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

SECTION IV. This Ordinance shall take effect after second reading and publication as required by law.

SECTION V. All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed.

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SECTION VI. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and

such holding shall not affect the validity of the remaining portions hereof.

DATE:

MAYOR MICHAEL REINA

NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of the Township of Jackson held on the 11th day of January, 2022, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 25th day of January 2022, at 7:30 p.m., at the Township Municipal Building, located at 95 West Veterans Highway, Jackson, New Jersey, at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard.

Diane Festino, RMC

Jackson Township Clerk

ORDINANCE: 05-22

TITLE: AN ORDINANCE REPLACING CHAPTER 244 “LAND USE AND DEVELOPMENT REGULATIONS” ARTICLE III “ADMINISTRATION” SECTION 244-12.J “FEES, MANDATORY DEVELOPMENT FEES” OF THE TOWNSHIP OF JACKSON TOPPROVIDE FOR THE COLLECTION OF DEVELOPMENT FEES IN SUPPORT OF AFFORDABLE HOUSING AS PERMITTED BY THE NEW JERSEY FAIR HOUSING ACT

PUBLIC HEARING OPENED:

NO ONE CAME FORWARD.

MOTION TO CLOSE PUBLIC HEARING ON ORDINANCE 05-22 BY: KERN MOTION SECONDED BY: SAUICKIE YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

MOTION TO APPROVE ORDINANCE 05-22 ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: SAUICKIE MOTION SECONDED BY: CHISHOLM YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

ORDINANCE 05-22

WHEREAS, In Holmdel Builder's Association v. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27d-301, et seq., and the State Constitution, subject to the adoption of Rules by the Council on Affordable Housing (COAH); and

WHEREAS, pursuant to P.L. 2008, c. 46, Section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH

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was authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that were under the jurisdiction of COAH and that are now before a court of competent jurisdiction and have a Court-approved Spending Plan may retain fees collected from non-residential development;

BE IT ORDAINED by Township Council of the Township of Jackson, Ocean County, New Jersey, that the Code of the Township of Jackson is hereby amended to include the following provisions regulating the collection and disposition of mandatory development fees to be used in connection with the Township's affordable housing programs, as directed by the Superior Court and consistent with N.J.A.C. 5:93-1, et seq., as amended and supplemented, N.J.A.C. 5:80-26.1, et seq., as amended and supplemented, and the New Jersey Fair Housing Act of 1985.

244-12.J Mandatory Development Fees

(1) Purpose

This Ordinance 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 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7). Fees collected pursuant to this Ordinance shall be used for the sole purpose of providing very low, low- and moderate-income housing in accordance with a Court-approved Spending Plan.

(2) Basic Requirements

• (a)This Ordinance shall not be effective until approved by the Court.
• (b)The Township of Jackson shall not spend development fees until the Court has approved a plan for spending such fees (Spending Plan).

(3) Definitions

The following terms, as used in this Ordinance, shall have the following meanings:

“Affordable housing development” means 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 percent affordable housing development.

“COAH” or the “Council” means the New Jersey Council on Affordable Housing established under the Fair Housing Act.

“Development fee” means 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.

“Developer” means 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.

“Equalized assessed value” means 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 (C.54:1-35a through C.54:1-35c).

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“Green building strategies” means 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.

(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 one percent (1%) of the equalized assessed value for all new residential development provided no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit.
• [2] When an increase in residential density is permitted pursuant to a “d” variance granted under N.J.S.A. 40:55D-70d(5), developers shall be required to pay a “bonus” development fee of six percent (6%) percent 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 and/or developments where the developer has made a payment in lieu of on-site construction of affordable units, if permitted by Ordinance or by Agreement with the Township of Jackson, shall be exempt from the payment of development fees.

[2] Developments that have received preliminary or final site plan approval prior to the adoption of this Ordinance 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 repair, reconstruction or improvement of a structure, the cost of which is less than $20,000. The cost of the repair, reconstruction or improvements 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.

[4] Structural alterations that do not increase gross floor area of a building or structure or increase the equalized assessed value of a property 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

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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.)
• Non-Residential Development Fees
• (a)Imposition of Fees
• [1] Within all zoning districts, non-residential developers, except for developers of the types of developments specifically exempted below, shall pay a fee equal to two and one-half (2.5) percent of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.
• [2] Within all zoning districts, non-residential developers, except for developers of the types of developments specifically exempted below, shall also pay a fee equal to two and one-half (2.5) percent of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.
• [3] Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of two and a half percent (2.5%) shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvements and the equalized assessed value of the newly improved structure, i.e. land and improvements, and such calculation shall be made at the time a final Certificate of Occupancy is issued. If the calculation required under this Section results in a negative number, the non-residential development fee shall be zero.
• (b)Eligible Exactions, Ineligible Exactions and Exemptions for Non-residential Development
• [1] The non-residential portion of a mixed-use inclusionary or market rate development shall be subject to a two and a half percent (2.5%) development fee, unless otherwise exempted below.

[2] The two and a half percent (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] Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 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 non-residential development exempted from the non-residential development fee pursuant to the Statewide Non-Residential Development Fee Act shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final Certificate of Occupancy for the non-residential development, whichever is later.

[5] If a property which was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this Section within 45 days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the Township of Jackson as a lien against the real property of the owner.

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[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 non-residential developments only, the developer shall also be provided with a copy of Form N-RDF “State of New Jersey Non-Residential Development Certification/ Exemption” to be completed as per the instructions provided. The developer of a non-residential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the non-residential 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 (C.40:55D-8.6).
• (h)Except as provided in Section (5)(a)[3] hereinabove, fifty percent (50%) of the initially calculated development fee may, at the discretion of the non-residential 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 fifty percent (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) 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, R.S. 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.

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(b) A developer may challenge non-residential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the 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, R.S.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 is hereby created a separate, interest-bearing Affordable Housing Trust Fund to be maintained by the Chief Financial Officer of the Township of Jackson for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.

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

[1] Payments in lieu of on-site construction of a fraction of an affordable unit, where permitted by Ordinance or by Agreement with the Township of Jackson;

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

[3] Rental income from municipally operated units;

[4] Repayments from affordable housing program loans;

[5] Recapture funds;

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

[7]Any other funds collected in connection with 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 non-compliant condition(s), and upon a finding of continuing and deliberate non-compliance, 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

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• (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 non-residential buildings to create new affordable units; green building strategies designed to be cost saving and in accordance with accepted national or State standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by 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 percent 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 percent 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 percent 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 percent 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] Payments in lieu of constructing affordable housing units on site, if permitted by Ordinance or by Agreement with the Township of Jackson, and 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 percent 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]In the case of a rehabilitation program, the administrative costs of the rehabilitation program shall be included as part of the 20 percent of collected development fees that may be expended on administration.

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[2] 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

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 non-residential developers, payments in lieu of constructing affordable units on site (if permitted by Ordinance or by Agreement with the Township), 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 (C. 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.

This Ordinance shall take effect after second reading and publication as required by law.

DATE:

MAYOR MICHAEL REINA

NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of

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the Township of Jackson held on the 11th day of January, 2022, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 25th day of January, 2022, at 7:30 p.m., at the Township Municipal Building, located at 95 West Veterans Highway, Jackson, New Jersey, at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard.

DIANE C. FESTINO, RMC Jackson Township Clerk

ORDINANCES, FIRST READING:

ORDINANCE: 02 -22 TITLE: AN ORDINANCE AMENDING CHAPTER 3-107 OF THE TOWNSHIP CODE OF THE TOWNSHIP OF JACKSON TO AUTHORIZE THE HIRING OF ENTRY LEVEL LAW ENFORCEMENT OFFICERS WITHOUT A CIVIL SERVICE EXAMINATION PURSUANT TO N.J.S.A. 11A:4-1.3

MOTION TO APPROVE ORDINANCE 02-22 ON FIRST READING, ADVERTISE THE APPROVAL AND NOTICE OF SECOND READING AND PUBLIC HEARING TO BE HELD ON FEBRUARY 8, 2022BY: KERN MOTION SECONDED BY: BORRELLI YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

ORDINANCE 02-22

NOW, THEREFORE, BE IT ORDAINED, by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows:

WHEREAS, in N.J.S.A. 11A:4-1.3, enacted on February 4, 2021, provides that the Civil Service Commission shall exempt from the requirement to take an examination for an entry level law enforcement position, a person who has successfully completed a full basic course for police officer's training course at a school approved and authorized by the New Jersey Police Training Commission; and

WHEREAS, this statute permits a municipal police department to hire an individual exempt from the requirement to take an examination for an entry level law enforcement position upon the adoption of an Ordinance by the governing body authorizing such hiring and the adoption of a conflict of interest and nepotism policy, and

WHEREAS, the Township has previously adopted a conflict of interest and nepotism policy in accordance with its Employee Policies and Procedures Manual; and

WHEREAS, the Township of Jackson wishes to amend the Township Code to permit the hiring of entry level law enforcement officers without an examination in accordance with N.J.S.A. 11A:4-1.3.

NOW, THEREFORE, be it ordained by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows:

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SECTON I. Chapter 3-107 of the Township Code shall be amended to include a new subsection identified as "D" and entitled "Appointment of Police Officers" which shall state as follows:

In accordance with N.J.S.A. 11A:4-1.3 individuals may be appointed to entry level law enforcement positions in the Jackson Township Police Department without taking a competitive examination if they have successfully completed a full basic course for police officers training course at a school approved and authorized by the New Jersey Police Training Commission, and meet all other requirements of Township Ordinance. Such appointment shall be made in accordance with the provisions of this Chapter.

SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

SECTION 3. All ordinances and parts of Ordinances existing herewith are hereby repealed.

SECTION 4. This Ordinance shall take effect after second reading and publication as required by law.

DATE: ___

MAYOR MICHAEL REINA

NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed by the Township Council on first reading at a meeting of the Township Council of the Township of Jackson held on the 25th day of January, 2022, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 8th day of February, 2022, at 7:30 p.m., at the Township Municipal Building, located at 95 West Veterans Highway, Jackson, New Jersey, at which time and place any persons desiring to be heard upon the same will be given the opportunity to be so heard.

DIANE C. FESTINO, RMC

Jackson Township Clerk

1st PUBLIC HEARING- OCEAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FOR CY 2022

BUSINESS ADMINISTRATOR WALL- We’re applying for $155,000 and we’re looking to help enhance the Americans with Disability Act enhancements for in various areas that have not been defined but throughout the Township. Particularly we’re thinking parks this year as well to help with mobility and Ada Accessibility for our public places.

In Accordance With The Guidelines Set For Third, The Township Is Required To Hold A Public Hearing For The Purpose Of Soliciting Ideas And Applications The Community Would Like To See Presented To The Ocean County Community Development Block Grant Program For CY 2022. This Hearing Will Enable The Township To Select And Prioritize Applications For The Ocean County Community Development Block Grant Program. The Second Public Hearing Is Scheduled For February 8th (Or Sooner Thereafter)

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Here in the Main Meeting Room of the Jackson Township Municipal Building. At this time, we will have the first of two public hearings on the ocean county community development block grant applications. Anyone wishing to speak on this topic and bring forth any suggestions may do so at this time. Please state your name and address clearly for the record.

MOTION TO CLOSE PUBLIC COMMENTON CDBG FIRST HEARING BY: KERN MOTION SECONDED BY: SAUICKIE YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

COUNCIL DISCUSSION- RESOLUTIONS ONLY

Council Vice President Kern- 079R-22 is a resolution to authorize Road widening, there’s a number of County Roadways in our Township that need to be widened and to be set up for future use. The County needs to step up and be able to set up these Roadways so there is not traffic the likes of which we have not had in this Township since he has been here. All these different roadways have to be widened and needs to be addressed now before the town becomes densely populated 571,527,528 and then 547 before the town gets more densely populated.

PUBLIC COMMENT OPENED, RESOLUTIONS ONLY

ELEANOR HANNUM – JACKSON RESIDENT – Ms. Hannum agrees that widening the roads for the population. For Cedar Swamp Road which is 527 asked how this town or County would they widen that road without bringing it to resident’s front doors. Council President Flemming What this Resolution is doing is offering Township property for the County, it is all that this resolution is allowing. Stated we have nothing to do with County Planning and County Engineering we’re just offering up what we own to make it easier for them to do so. Ms. Hannum asked how long residents would be given notice. She has concerns about Cedar Swamp Road and how close those homes are.

Attorney Greg McGuckin stated the resolution is only to authorize a dedication for Township land. It has nothing to do with other private potential dominant domain projects that the County may have to undertake over the next 50 years.

MOTION TO CLOSE PUBLIC COMMENT, RESOLUTIONS ONLY BY: KERN MOTION SECONDED BY: CHISHOLM YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

RESOLUTION 078R-22

TITLE: TO AMEND 2021 BUDGET- TRANSFER RESOLUTION #5

MOTION TO APPROVE BY: CHISHOLM MOTION SECONDED BY: BORRELLI YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

APPROPRIATION TRANSFERS DURING LAST TWO MONTHS OF THE FISCAL YEAR OR THE FIRST THREE MONTHS OF THE CURRENT YEAR:

WHEREAS, under the provisions of N.J.S.A. 40A:4-58, “Should it become necessary, during the last 2 months of the fiscal year, or the first three months of the current year to expend for any other purposes specified in the budget an amount in excess of the respective sums appropriated therefore and there shall be an excess in any appropriations over and above the amount deemed to be necessary to fulfill the purpose of such appropriation, the governing body may, by resolution setting forth the facts, adopted by not less than 2/3 vote of the full membership thereof, transfer the amount of such excess to those appropriations deemed to be insufficient; no transfers may be made to appropriations for contingent expenses or deferred charges.”

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WHEREAS, certain appropriations listed herein have amounts in excess necessary to fulfill its purpose and others have insufficient funding for the calendar year.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Township Council of the Township of Jackson, County of Ocean, State of New Jersey that:

1. The following annexed transfer schedule (#5) for the 2021 Municipal Operating Budget of the Township of Jackson are hereby made for the above stated reasons:
2. This resolution shall take effect upon two-thirds affirmative vote by the full governing body of the Township of Jackson.
3. Copies of this resolution to the Administrator, Chief Financial Officer and Auditor.
4. DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK
5. DATED: 1-25-2022
6. RESOLUTION 079R-22
7. TITLE: RESOLUTION AUTHORIZING THE DEDICATION OF CERTAIN REAL PROPERTY TO THE COUNTY OF OCEAN FOR ROADWAY WIDENING PURPOSES
8. MOTION TO APPROVE BY: CHISHOLM MOTION SECONDED BY: BORRELLI YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING
9. WHEREAS, the Township of Jackson has previously entered into an Agreement with T-Mobile Northeast, LLC and Eco-Site II, LLC for a leasing of certain Township property known as Lot 3 in Block 17302 as shown on the Official Tax Maps of the Township of Jackson for the construction of placement thereon of a cellular tower; and
10. WHEREAS, in accordance with approvals previously received, the County of Ocean has requested a dedication of approximately 679 square feet of land along the County roadway; and
11. WHEREAS, since the land is owned by the Township of Jackson, as the Landlord, it is necessary for the Township to execute the proposed Deed of Dedication; and
12. NOW, THEREFORE, BE IT RESOLVED, this 25th day of January 2022, by the Township Council of Township of Jackson, County of Ocean, State of New Jersey as follows:
1. The Mayor and Township Clerk be and they are hereby authorized to execute the appropriate Deed of Dedication and such other documents as may be necessary to implement the intent of this Resolution.
2. BE IT FURTHER RESOLVED that a copy of this Resolution, along with the executed Deed of Dedication following the Mayor’s signature, be forwarded to the following:
1. Gregory P. McGuckin, Esq., Township Attorney

DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK

DATED: 1-25-2022 TOWNSHIP CLERK RESOLUTION 080R-22 TITLE: CONSENT TO THE APPOINTMENT OF MEMBER TO THE APARTMENT AND MOBILE HOME PARK RENT LEVELING BOARD

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MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

WHEREAS, a need exists to fill a vacancy on the Apartment and Mobile Home Park Rent Leveling Board effective January 25, 2022; and

WHEREAS, the Mayor, with the advice and consent of Council, is authorized to make said appointments pursuant to Chapter 3-151 of the Administrative Code of the Township of Jackson; and

WHEREAS, the Mayor desires to fill said vacancy on this board; and

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows:

1. 1. The Township Council hereby consents and approves the appointment of the following individual to the Apartment and Mobile Home Park Rent Leveling Board:

*To fill the expired term (12/31/22) of John Telliho

2. Appointee shall perform such duties and responsibilities as set forth by State Statute and the Municipal Code of the Township of Jackson.
3. Appointee shall serve without compensation.
4. Copies of this resolution to Rent Leveling Board, Municipal Administrator, appointee and any other interested parties.

DIANE C. FESTINO, R.M.C.

TOWNSHIP CLERK

DATED: 1-25-2022

BILLS AND CLAIMS:

MOTION TO APPROVE BILLS AND CLAIMS BY: CHISHOLM MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING ABSTAIN: BORRELLI (DEL 01, STA 01 & STA 76); CHISHOLM (COM 44, EDW04 & TM02) AND KERN (SUR 09)

CHECK# VENDOR

AMOUNT

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January 26, 2022 03:28 PM

TOWNSHIP OF JACKSON Check Register By Check Date

Page No: 1

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TOWNSHIP OF JACKSON Check Register By Check Date

Page No: 2

Jackson Township Council Meeting of January 25, 2022 Page 52 of 68

Check # Check Date Vendor Amount Paid Reconciled/Void Ref Num

DEVELOPERS-OF DEVELOPERS-OCEAN FIRST Continued

67317 01/25/22 GER17 GERTNER & GERTNER LLC 0.00 01/25/22 VOID

67318 01/25/22 GER17 GERTNER & GERTNER LLC 0.00 01/25/22 VOID

67319 01/25/22 GER17 GERTNER & GERTNER LLC 0.00 01/25/22 VOID

67320 01/25/22 GER17 GERTNER & GERTNER LLC 16,011.11 7810

67321 01/25/22 MIS06 MISNOVICH CONSULTING ENGINEERS 375.00 7810

67322 01/25/22 OWE01 OWEN LITTLE & ASSOC., INC. 685.00 7810

67323 01/25/22 REMO1 RENINGTON,VERNICK & VENA ENG. 1,237.50 7810

67324 01/25/22 REMO6 RENINGTON & VERNICK ENGINEERS 0.00 01/25/22 VOID

67325 01/25/22 REMO6 RENINGTON & VERNICK ENGINEERS 0.00 01/25/22 VOID

67326 01/25/22 REMO6 RENINGTON & VERNICK ENGINEERS 0.00 01/25/22 VOID

67327 01/25/22 REMO6 RENINGTON & VERNICK ENGINEERS 0.00 01/25/22 VOID

67328 01/25/22 REMO6 RENINGTON & VERNICK ENGINEERS 0.00 01/25/22 VOID

67329 01/25/22 REMO6 RENINGTON & VERNICK ENGINEERS 20,760.69 7810

67330 01/25/22 TM02 T & M ASSOCIATES 0.00 01/25/22 VOID

67331 01/25/22 TM02 T & M ASSOCIATES 0.00 01/25/22 VOID

67332 01/25/22 TM02 T & M ASSOCIATES 21,310.25 7810

Checking Account Totals Amount Paid Amount Void

Checks: 9 12 85,690.55 0.00

Direct Deposit: 0 0 0.00 0.00

Total: 9 12 85,690.55 0.00

DOG DOG ACCOUNT - NEW

963 01/25/22 JAC15 JACKSON TOWNSHIP P/R ACCOUNT 1,312.29 7811

Checking Account Totals Amount Paid Amount Void

Checks: 1 0 1,312.29 0.00

Direct Deposit: 0 0 0.00 0.00

Total: 1 0 1,312.29 0.00

GENERAL TRUST

62471 01/25/22 JAC15 JACKSON TOWNSHIP P/R ACCOUNT 206,760.04 7812

62472 01/25/22 COM44 COMM. ADVANT. OF ARBORICULTURE 720.00 7812

62473 01/25/22 EDW04 EDWARDS TIRE COMPANY,INC. 200.00 7812

62474 01/25/22 JAC08 JACKSON TOWNSHIP CURRENT FUND 87.00 7812

62475 01/25/22 RCS02 R.C.SHEA & ASSOCIATES 2,000.00 7812

Checking Account Totals Amount Paid Amount Void

Checks: 5 0 209,767.04 0.00

Direct Deposit: 0 0 0.00 0.00

Total: 5 0 209,767.04 0.00

HANDICAPPED

2498 01/25/22 JAC15 JACKSON TOWNSHIP P/R ACCOUNT 123.38 7815

Checking Account Totals Amount Paid Amount Void

Checks: 1 0 123.38 0.00

Direct Deposit: 0 0 0.00 0.00

Total: 1 0 123.38 0.00

OPEN SPACE

9252 01/25/22 COL41 COLLIERS ENGINEERING & DESIGN 1,951.50 7816

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January 26, 2022 03:28 PM

TOWNSHIP OF JACKSON Check Register By Check Date

Jackson Township Council Meeting of January 25, 2022

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January 26, 2022

03:28 PM

TOWNSHIP OF JACKSON Check Register By Check Date

Page No: 5

Totals by Year-Fund

Fund Description Fund Budget Total Revenue Total G/L Total Total

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TOWNSHIP OF JACKSON Check Register By Check Date

Page No: 6

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TOWNSHIP OF JACKSON Check Register By Check Date

Page No: 7

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January 26, 2022 03:28 PM

TOWNSHIP OF JACKSON Check Register By Check Date

Page No: 8

DATED: 1-25-2022

DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK

CONSENT AGENDA, ONE VOTE FOR ALL OF THE FOLLOWING RESOLUTIONS:

RESOLUTION 081R-22

TITLE: AUTHORIZE THE CONTINUATION OF A SHARED SERVICES/MUTUAL AID AGREEMENT BETWEEN THE TOWNSHIP OF JACKSON AND THE TOWNSHIP OF MILLSTONE PERTAINING TO CONFLICT OF INTEREST AND EMERGENCY COVERAGE CONSTRUCTION CODE ENFORCEMENT SERVICES

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: KERN YES: BORRELLI, SAUICKIE, KERN, FLEMMING ABSTAIN: CHISHOLM

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WHEREAS, the Township of Jackson previously entered into a Shared Services/Mutual Aid Agreement with the Township of Millstone to provide for Conflict of Interest and Emergency Coverage Construction Code Enforcement Services which expired on December 31, 2021; and

WHEREAS, the Township of Jackson is in need of continuing for this provision for Conflict of Interest and Emergency Coverage relative to Construction Code Enforcement Services with the Township of Millstone; and

WHEREAS, Millstone Township has the personnel to meet that need; and

WHEREAS, Millstone Township and Jackson Township have agreed to extend the current Shared Services/Mutual Aid Agreement pursuant to 5:23-4.5(j); and

WHEREAS, the Agreement is on file in the Township Clerk’s Office and may be inspected by members of the public during normal business hours; and

WHEREAS, the Township of Jackson wishes to extend the Agreement with Millstone Township for the purpose of setting forth the terms and conditions regarding the provisions for Conflict of Interest and Emergency Coverage Construction Code Enforcement Services.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey as follows:

1. The Shared Services Agreement for Conflict of Interest and Emergency Coverage Construction Code Enforcement Services with the Township of Millstone shall be renewed for a period commencing January 1, 2022 through December 31, 2022. All future agreements shall be for a 12-month period commencing on January 1st as approved by both parties.
2. A copy of said Agreement shall be kept on file within the Office of the Township Clerk.
3. Certified copies of this resolution shall be forwarded to New Jersey Department of Community Affairs/DLGS, Millstone Township Municipal Clerk Kathleen Hart, RMC, Jackson Township Business Administrator, Terence Wall; Brent O'Connor, Patricia Schwark and any other interested parties.

DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK

DATED: 1-25-2022

RESOLUTION 082R-22

TITLE: AUTHORIZE EXECUTION OF A SHARED SERVICES AGREEMENT BETWEEN THE TOWNSHIP OF JACKSON AND THE COUNTY OF OCEAN FOR THE PROSECUTOR'S PROGRAM (ALSO KNOWN AS THE FATAL ACCIDENT SUPPORT TEAM - F.A.S.T.) FOR CY 2022

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

WHEREAS, the Prosecutor’s Program is a traffic safety program (formerly known as the Fatal Accident Support Team, F.A.S.T.) run by the Ocean County Prosecutor’s Office for the purpose of assisting in the investigation and prosecution of fatal accidents and in traffic enforcement and education; and

WHEREAS, the Prosecutor’s Program receives funding through the County of Ocean; and

WHEREAS, the Prosecutor’s Office and the Township of Jackson have determined it to be in their mutual interest for the Township of Jackson to designate certain police officers to be assigned to the Prosecutor’s Program; and

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WHEREAS, the Shared Services Act, N.J.S.A. 40:8A-1 et seq., authorizes local units as defined in the Act to enter into joint agreement for the provision of governmental services; and

WHEREAS, the Township of Jackson wishes to enter into an Agreement with the County of Ocean for the purpose of setting forth the terms and conditions regarding the assignment of police officers employed by the Township of Jackson to the Prosecutor’s Program

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey as follows:

1. The Mayor is authorized to execute and the Clerk to attest to the Shared Services Agreement entitled Prosecutor’s Program for CY 2022 (copy attached hereto).
2. A copy of said Agreement will be kept on file within the Office of the County Clerk of the Board and the Township Clerk’s Office
3. Jackson Township will provide department in-service training of those officers assigned to the Prosecutor’s Program and will be responsible for conducting weapons qualifications for those officers assigned to the Prosecutor’s Program
4. The hourly rate paid to the officers is fifty-five dollars ($55.00) per hour.
5. The term of said agreement shall be from January 1, 2022 and shall continue in full force until December 31, 2022.
6. Certified copies of this resolution shall be forwarded to the Office of the Prosecutor/County of Ocean, Chief of Police, Purchasing Department, Personnel Department and any other interested parties.

DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK

DATED: 1-25-2022

RESOLUTION 083R-22

TITLE: AUTHORIZE SUBMISSION OF RECYCLING/TONNAGE GRANT APPLICATION TO THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR CY 2022

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to Implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants will memorialize the commitment of this municipality to recycling and to indicate the assent of the Township of Jackson and the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

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WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of Jackson, County of Ocean and State of New Jersey, as follows:

1. The Township of Jackson hereby endorses the submission of the CY2022 Recycling Tonnage Grant and application to the New Jersey Department of Environmental Protection.
2. The monies received from the recycling tonnage grant shall be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.
3. Upon the adoption of the within resolution, the Township Clerk is authorized and directed to forward certified copies to Administration, Supervisor of Public Works, Irina Darrar (Recycling Coordinator) and any other interested parties.

DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK

DATED: 1-25-2022

RESOLUTION 084R-22

TITLE: AMEND RESOLUTION NO. 070R-22 AUTHORIZING PURCHASES AND/OR SERVICES FROM APPROVED NEW JERSEY COOPERATIVE PRICING VENDORS FOR CY 2022

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

WHEREAS, the Township of Jackson, as a contracting unit may, without advertising for bids, purchase any materials, supplies, services or equipment under any contract or contracts entered into by the NJ Division of Purchase and Property in the Department of the Treasury, for such materials, supplies, services or equipment pursuant to N.J.S.A. 40A:11-12; and

WHEREAS, purchases/services made utilizing approved New Jersey Cooperative Pricing Systems meet the requirements of using a fair and open process; and

WHEREAS, the Township Council approved purchases/services from approved New Jersey Cooperative Pricing Systems for CY 2022 on January 4, 2022 by way of Resolution No. 070R-22; and

WHEREAS, the Purchasing Department is seeking approval to amend Resolution No. 070R-22 to include the following vendors for CY 2022:

Vendor: Gabrielli Truck Sales

Contract: #CC-0129-21 (term 11/23/21 – 11/22/23)

Purpose: Parts & repairs, heavy duty vehicles over 15,500 GVW

Amount: $44,000.00

Vendor: Marco Holdings

Contract: #ESCNJ/AEPA-21C (term 3/01/21 – 2/28/22)

Purpose: Copier leasing

Amount: $60,000.00

NOW, THEREFORE, BE IT RESOLVED, that the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, does hereby approve amending Resolution No. 070R-22 whereby updating the list of qualified vendors thereon.

Copies of this resolution shall be forwarded to the Purchasing Department and any other interested parties.

DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK

DATED: 1-25-2022

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RESOLUTION 085R-22 TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING RENEWAL OF JUNK YARD LICENSE FOR CY 2022 TO CENTRAL JERSEY AUTO SALVAGE, BLOCK 2501, LOT 15 (378 W. COMMODORE BOULEVARD)

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

WHEREAS, Dmitry Feldman of Central Jersey Auto Salvage submitted an application for the renewal of a junk yard license; and

WHEREAS, Dmitry Feldman of Central Jersey Auto Salvage has paid the requisite renewal fee, has notified all property owners within 200' feet of the premises to be licensed and has complied with all necessary requirements for renewal pursuant of Chapter 239 of the Administrative Code of the Township of Jackson; and

WHEREAS, each of the necessary municipal departments and agencies has recommended the approval of the license renewal;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Jackson, County of Ocean and State of New Jersey, as follows:

1. The junk yard license issued to Central Jersey Auto Salvage shall be renewed for a period of one (1) year.
2. Said license is issued for the 2022 Calendar year, terminating on December 31, 2022.
3. Said license is issued subject to the applicant’s continued compliance with conditions and requirements as follows:
4. a.Payment of all outstanding fees and taxes.
5. b.The applicant obtaining all other local, County and State permits.
4. That upon the adoption of this resolution, the Clerk is authorized and directed to forward a certified copy of it along with the required license certificate to Dmitry Feldman at Central Jersey Auto Salvage located at 378 W. Commodore Boulevard.

DATED: 1-25-2022

DIANE C.FESTINO, R.M.C. TOWNSHIP CLERK

RESOLUTION 086R-22

TITLE: APPROVE JACKSON TOWNSHIP COUNCIL RE-ORGANIZATION MEETING MINUTES OF JANUARY 4, 2022

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

WHEREAS, official Minutes of Jackson Township Council meetings have been prepared; and

WHEREAS, the Township Clerk has reviewed these Minutes and has submitted them to the Town Council for their approval.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, that;

1. The following Minutes are hereby approved by the Jackson Township Council:

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RE-ORGANIZATION MEETING - JANUARY 4, 2022

2. 2. Copies of this resolution to any interested parties.

DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK

DATED: 1-25-2022

RESOLUTION 086R-22

TITLE: APPROVE JACKSON TOWNSHIP COUNCIL RE-ORGANIZATION MEETING MINUTES OF JANUARY 4, 2022

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

WHEREAS, official Minutes of Jackson Township Council meetings have been prepared; and

WHEREAS, the Township Clerk has reviewed these Minutes and has submitted them to the Town Council for their approval.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, that;

1. The following Minutes are hereby approved by the Jackson Township Council:
2. RE-ORGANIZATION MEETING - JANUARY 4, 2022
2. Copies of this resolution to any interested parties.
3. DATED: 1-25-2022 DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK
4. RESOLUTION 087R-22
5. TITLE: APPROVE JACKSON TOWNSHIP COUNCIL MEETING MINUTES OF JANUARY 11, 2022
6. MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: KERN YES: BORRELLI, SAUICKIE, KERN, FLEMMING ABSTAIN: CHISHOLM
7. WHEREAS, official Minutes of Jackson Township Council meetings have been prepared; and
8. WHEREAS, the Township Clerk has reviewed these Minutes and has submitted them to the Town Council for their approval.
9. NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, that;
1. The following Minutes are hereby approved by the Jackson Township Council:
2. JANUARY 11, 2022
2. Copies of this resolution to any interested parties.

DATED: 1-25-2022

DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK

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RESOLUTION 088R-22 TITLE: AUTHORIZE TAX OVERPAYMENT REFUNDS

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

WHEREAS, it has been determined by the Township Tax Collector that the taxpayers as indicated on the attached Schedule “A” are entitled to overpayment refunds, and;

WHEREAS, it is the desire of the Township Council to have these overpayments returned to the respective taxpayers;

• NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, that:
• The Tax Collector is hereby authorized to make overpayment refunds in the amount shown and to the taxpayers, as appears on Schedule “A” which made a part hereof.
• Copies of this Resolution to the Tax Collector.

TOWNSHIP OF JACKSON

OVERPAYMENT REFUNDS

JANUARY 25, 2022

TOTAL: $250.00

DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK

DATED: 1-25-2022

RESOLUTION 089R-22

TITLE: RESOLUTION OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY AUTHORIZING AN EMPLOYEE ASSISTANCE PROGRAM WITH RWJ BARNABAS HEALTH – ONE SOURCE EFFECTIVE MARCH 1, 2022 THROUGH FEBRUARY 28, 2023

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

WHEREAS, the Township Administrator and the Personnel Officer have recommended that the Township provide an Employee Assistance Program for the staff; and

WHEREAS, the Township determined to offer an Employee Assistance Program as a Professional Services contract pursuant to the provisions of N.J.S.A. 40A:11-5(1)(a); and

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WHEREAS, RWJ Barnabas Health - One Source - EAP has submitted a proposal indicating they will provide said services for the price of $18.60 per employee per year.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Jackson, County of Ocean, State of New Jersey, as follows:

1. The Township Administrator and Personnel Officer are hereby authorized to execute an Employee Assistance Program with RWJ Barnabas Health – One Source – EAP.
2. The Township Clerk is hereby directed to provide a certified copy of this Resolution to RWJ Barnabas Health –One Source – EAP, Township Administrator, and Personnel Officer.

DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK

DATED: 1-25-2022

RESOLUTION 090R-22

TITLE: RESOLUTION AUTHORIZING THE SECOND ONE-YEAR TIME EXTENSION WITH RESPECT TO THE TOWNSHIP'S RECYCLING COLLECTION CONTRACT WITH SOLTERRA, INC., FOR RESIDENTIAL RECYCLING COLLECTION FOR 'THE PONDS'

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

WHEREAS, on October 26, 2021, pursuant to Resolution 385R-21, the Township of Jackson awarded a second one (1) year Extension Contract to Central Jersey Waste and Recycling, Inc., for bi-weekly residential recycling collection; and

WHEREAS, in accordance with the bid specifications incorporated within said Contract, the Township of Jackson had the option for two (2) one (1) year extensions of said Contract; and

WHEREAS, “The Ponds” was omitted from this extension on October 26, 2021, and the Township now wishes to exercise its option for the fifth (5th) and final year of its Contract to include “The Ponds” for 250.00 per haul;

NOW, THEREFORE, BE IT RESOLVED, this 25th day of January, 2022, by the Township Council of Township of Jackson, County of Ocean, State of New Jersey as follows:

1. The Township hereby authorizes a one (1) year extension of its Contract with Solterra, as assignee of Central Jersey Waste and Recycling, Inc., for bi-weekly residential recycling in “The Ponds”, which Contract shall now expire on December 31, 2022.
2. BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the following:
1. Irina Darrar, Recycling Coordinator
2. Terence Wall, Business Administrator;
3. Diane C. Festino, RMC, Township Clerk;
4. Gregory P. McGuckin, Township Attorney;
5. Solterra, Inc.

DATED: 1-25-2022

DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK

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RESOLUTION 091R-22 TITLE: RESOLUTION AUTHORIZING THE PARTICIPATION IN THE NATIONAL OPIOID SETTLEMENT PROGRAM

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

WHEREAS, the Township of Jackson is a local political subdivision of the State of New Jersey and has received notice of a proposed nationwide settlement agreement between various plaintiffs and certain pharmaceutical distributors over the sale and supply of opioid medications; and

WHEREAS, on September 27, 2021 the Township of Jackson was notified of its availability to participate in a National Settlement Program, which may result in the Township receiving financial compensation for costs it may have incurred as a result of the over prescription of certain opioids; and

NOW, THEREFORE, BE IT RESOLVED, this 25th day of January, 2022, by the Township Council of Township of Jackson, County of Ocean, State of New Jersey as follows:

1. The Township authorizes participation in this program; and
2. Gregory McGuckin, Esq. be and hereby is designated as the individual who will be authorized to sign formal and binding documents on behalf of the Township of Jackson with respect to this Settlement Agreement; and
3. BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the following:
1. Designee:
2. Gregory P. McGuckin, Township Attorney;
3. Diane C. Festino, RMC, Township Clerk/Registrar;
4. Terence Wall, Business Administrator:
5. Samantha Novak, Assistant Administrator

DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK

DATED: 1-25-2022

RESOLUTION 092R-22

TITLE: RESOLUTION REJECTING BIDS FOR THE PROJECT ENTITLED, “VARIOUS TURF FIELD REPLACEMENTS” AND AUTHORIZING THE PURCHASE OF SAME THROUGH THE NEW JERSEY STATE APPROVED COOPERATIVE PRICING SYSTEM AND AUTHORIZING THE TOWNSHIP ENGINEER TO PUBLICLY BID THE SITE WORK REQUIRED TO SUPPORT SAID FIELD REPLACEMENTS

MOTION TO APPROVE BY: SAUICKIE MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

Council President Flemming stated we received this resolution late in the day but the bids came in overpriced. They found a State Contractor Bid we can use, with the exception of the site work. Attorney Greg McGuckin stated we did receive this late in the day. We did have some issues with the bids but we do have a State contract we can utilize as well. Council Vice President thanked them for rejecting the Bids and finding a better alternative.

WHEREAS, by letter dated January 25, 2022, the Township’s Engineer, T&M Associates, has recommended to the Township that they reject all bids received for the above-named project since same exceed the estimate of construction costs as determined by the Township Engineer and because none of the bids were fully conforming to the bid specifications; and

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WHEREAS, the Township Council wishes to accept the recommendation of its consulting engineer and wishes to terminate the bid process for same and to purchase these synthetic field products through the New Jersey State Approved Cooperative Pricing System (Co-Op #65 MCESCCPS, ESCNJ18/19-55) of which Jackson Township is a member; and

WHEREAS, as a result thereof, the Township Council wishes to authorize the Township to publicly bid the site improvement work which will be required to support the synthetic field replacements under the State Approved Cooperative Pricing System; and

NOW, THEREFORE, BE IT RESOLVED, this 25th day of January, 2022, by the Township Council of Township of Jackson, County of Ocean, State of New Jersey as follows:

1. The Township hereby rejects the bids received for this project since same exceed the estimate of construction costs as prepared by the Township Engineer, since the bids submitted do not fully comply with the bid specifications and because the Township wishes to utilize the New Jersey State Approved Cooperative Pricing System in lieu of the public bid process for such fields.
2. BE IT FURTHER RESOLVED a copy of this Resolution be forwarded to the following:
1. Stephen Schreiber, P.E., C.M.E., Jackson Township Engineer;
2. Terence Wall, Township Administrator
3. Veronica Dingle, QPA
4. Gregory P. McGuckin, Township Attorney;
5. All bidders;
6. Diane C. Festino, Township Clerk

DATED: 1-25-2022

PUBLIC COMMENT, ANY TOPIC

DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK

SERI ROBINSON – JACKSON RESIDENT– Issue of public transportation and safety that revolves around the growing number of Jackson residents that send their children to non-public Schools. The Board of Education and transportation department are aware of these issues. There are 3,200 children that go to Lakewood schools from Jackson and are not being transported which causes lots of traffic. Quality of life and a public safety issue parents spending hours of their days driving their kids to schools. Did have a meeting in the past with the transportation department with School Administrators and parents and was told there was going to be improvement. Nothing has changed and was told in August there's no transportation which left them in a possible position. No change has been made and the issue is growing year after year.

SHELDON HOFSTEIN-48 BALTRUSOL DRIVE- Busing issue and the State mandates there has been recently been complaints regarding busing for private school students. Busing is a State mandate that is entitlement for those families who need these services. This State mandate has been in effect for more than 50 years and at that time no one anticipated the possibility of thousands of children would be using this mandate. The funds use has been a severe drain on Public School budgets and the effects of their student. As school districts such as Jackson and neighboring towns will eventually be forced to cut back on non-mandated expenses and raise school taxes; which would include funding for art programs, music programs, school band activities, sports programs, AP courses and other extra-curricular programs the result will be lack of Education for Public School students their parents demand.

Mr. Hofstein feels that Council should have a resolution stating that the State should be responsible for funding its mandates. It should also include the funding for Special Ed. There are mandates that the State picks up for schools and includes health services, security

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programs, technology programs and textbook programs for schools and busing issues. Mr. Hofstein suggested that Council should work with the Jackson Board of Education and with the effected towns listed above, our State Senators and our Assemblymen and women should enact laws that will provide financial relief to school budgets that feel the burden of archive laws.

Mr. Hofstein used to be a member of the Economic Advisory Board which has not had a meeting in years, he looked on the Township website that he is still listed as the representative from the Zoning Board and would like his name removed.

Laura Brescko- JACKSON RESIDEN - Public safety issue for private school transportation to different many schools. Attended the Board of Education meeting about transportation explained it was a time sensitive issue and must be resolved efficiently. No change was made. Ms. Brescko stated to no fault of their own, Jackson Township School District is not able to accommodate the unprecedented rapid growth and complex non-public school system. Not to blame but wants the Board of Education to look at the realistic needs for the non-public school needs.

Sharon Dye- FORMER JACKSON RESIDENT- Bought to Council and Mayor's attention to the Chief of Police for Jackson she applied for her Fire Arms ID. She did reach out a few more times to let them know she was moving. Her Fire Arms Permit was with Chief Kunz 90 days past State Police clearance and 119 days past her initial application. She withdrew her application by the State Police and reapplied in the town that she resides in. Ms. Dye and hopes they would look into it to see why this is happening.

ELEANORE HANNUM- JACKSON RESIDENT-Added to Sharon's comment and stated it took 8 months for her and her husband's Fire Arms ID.

Ms. Hannum stated that back in June 2021 she commented the Tax Map section on the website was broken. BA Wall stated he will contact the IT Department and verify that it is fixed and if not he will report back out.

Ms. Hannum wanted to know why when she emails no responses are given. Wanted to know how long research takes to get an answer from Attorney, Business Administrator and Council. Council President Flemming responded it depends on the question.

Ms. Hannum understands that the Municipal Court is out their jurisdiction. The Municipal Court is open public and many residents wanted to watch the Court hearing in December for 16 Short Hills but there was no link provided. Attorney Greg McGuckin replied that Municipal Court is permitted for public viewing. He is not aware of the issue she raised at any Court. Advised Ms. Hannum to go to the Court, they have an obligation to ensure that the public can observe. We cannot tell the Court what to do.

Ms. Hannum stated that 16 Short Hills did some work on the septic system. Wanted to know who jurisdiction it is, she knows the County has jurisdiction over inspecting that septic system. What responsibility does Jackson Township have? Council President Flemming stated as far as he knows everything goes to the Board of Health for a septic system. Ms. Hannum does know the owner did work on the septic system but utilizing the old owner’s name and permit. Ms. Hannum wanted to know what Jackson’s responsibility is for CCO. Council President Flemming stated there is no CCO that would be with Code Enforcement but the septic system is County level. Ms. Hannum felt that the quality of life, where people live is also an issue and should be respected.

Council President Flemming commented to the two young ladies. They have been in contact with the Board of Education about busing that they can give them their opinions and try to direct them the way we want to go. However, they are working on it.

Council Vice President Kern spoke about busing and the funding in our schools in general the Department of Education. The State needed to show the formula they used or how they distributed the State funds from School district to district and how the funds were redistributed in 2018. The State needs to comply and not appeal so that we can all understand for transparency reasons and work towards getting the most for our community. They need

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show why so much money was taken away from Jackson and neighboring towns and to allow us to reclaim them.

MOTION TO CLOSE PUBLIC COMMENT ON ANY TOPIC BY: SAUICKIE MOTION SECONDED BY: KERN YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

MOTION TO ADJOURN BY: KERN MOTION SECONDED BY: CHISHOLM YES: BORRELLI, CHISHOLM, SAUICKIE, KERN, FLEMMING

8:34P.M.

RESPECTFULLY SUBMITTED,

COUNCIL PRESIDENT FLEMING

DIANE C. FESTINO, R.M.C. TOWNSHIP CLERK

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