Page 7 of 35

WHEREAS portions of Jackson Township are located in areas where the predominant vegetation and soils are similar to those located within the Pinelands, even though said areas are not located within the area regulated by the New Jersey Pinelands Commission,

WHEREAS, it was not the intention of the Jackson Township Council when it adopted the above-quoted language to mandate the use of native species exclusively, nor was it the intention of the Township Council to create circumstances making it impossible to approve solar arrays in zones in which they are either a permitted or a conditionally permitted use without first obtaining a variance from the Zoning Board of Adjustment for the use of species which are not native to the Pinelands.

WHEREAS, as the Township Council has been advised with respect to development within the Pinelands that the New Jersey State Soils Committee, the Ocean County Soil Conservation District, the US Department of Agriculture’s Natural Resources Conservation Service and the New Jersey Pinelands Commission all allow the use of grass species that are not native to the Pinelands when revegetating areas beneath ground mounted solar panels.

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

1. Sections 244-57(C)(13)(g), 244-58(C)(6) and 244-59(C)(2)(g) of the Land Use Ordinance of the Township of Jackson respectively are amended to read as follows:

Date:

Ground areas beneath solar panels shall be planted with a seed mixture of grasses that are both native and non-native to the region, are non-invasive and are best suited to prevent soil erosion and the spread of weeds or other invasive species and will promote bio-diversity. The ground area shall be mowed as needed, the frequency of such mowing to be determined in consultation with the Township’s professionals, the Ocean County Soil Conservation District and any other agency having jurisdiction over the installation of the solar panels.

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 23rd day of February, 2016, 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 March, 2016 at 7:30 p.m., or soon thereafter as this matter can be reached 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.

ANN MARIE EDEN, RMC TOWNSHIP CLERK

ORDINANCES, FIRST READING:

ORDINANCE: 06-16

TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING THE TOWNSHIP CODE OF THE TOWNSHIP OF JACKSON, SO AS TO AMEND CHAPTER 251, ENTITLED "LICENSING", SECTION 3 ENTITLED "APPROVAL OF LICENSE"