Re: Completeness Review Letter #1 Morgan Municipal Project No. JKZB-Z32003 Escrow #: Z32003 Applicant: Stephen Rivera/ Elite Wrestling, LLC Application: Use Variance Relief - Wrestling Training Facility Block(s)/Lot(s): 23202/31 Site Address: 1435 Toms River Road Zone: "RD-1" (Rural Development) Jackson Township, Ocean County, New Jersey

Completeness Review Letter #1 Morgan Municipal Project No. JKZB-Z32003 Escrow #: Z32003 Applicant: Stephen Rivera/ Elite Wrestling, LLC Application: Use Variance Relief - Wrestling Training Facility Block(s)/Lot(s): 23202/31 Site Address: 1435 Toms River Road Zone: "RD-1" (Rural Development) Jackson Township, Ocean County, New Jersey

d. The planning board shall grant an extension of final approval for a period determined by the board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the planning board from granting an extension pursuant to subsection a. or b. of this section.

In summary, the subdivision was approved by the Jackson Township Zoning Board on May 17, 2023 and adopted on January 3, 2024. Per the NJ MLUL, time extensions for preliminary and final site plans generally start from the date of the adoption of the resolution of approval (memorialization). The rights granted shall remain in effect until January 3, 2026, unless extended by the Zoning Board. The Board may grant an extension not exceeding one year from the original expiration date. Therefore, the maximum extension period is January 3, 2027.

Based upon a Cover Letter prepared by the Applicant's Engineer, it is to our understanding that the developer is waiting for addition sewer capacity to become available for the project to connect to the public sewer line. The Applicant has not indicated how long this delay is expected to last and, additionally, has not submitted proof of these delays. The Applicant has applied for the extension within the required statutory timeframes, as outlined in the New Jersey MLUL.

Therefore, it is our opinion that the developer shall provide supporting documentation and/or testimony substantiating the claimed delays to be granted a time extension (to expire January 3, 2027), as permitted by the New Jersey MLUL. However, we ultimately defer the decision to the Jackson Township Zoning Board of Adjustment.

E. CONDITIONS OF APPROVAL

Should the Board determine that the relief requested should be granted, we recommend that the approval be conditioned on the following:

  1. The Applicant shall obtain any and all applicable outside agency approvals, including but not limited to:
  2. NJ Department of Transportation
  3. NJ Department of Environmental Protection
  4. Ocean County Planning Department
  5. Municipal Building Department
  6. Municipal Fire Department
  7. The Applicant shall submit payment of all outstanding professional review fees of the Board and the Township.
  8. The Applicant shall provide all required plans necessary to show compliance with all required building codes and ordinances to the Building Department at the time of the permit application.
  9. Any and all damage within the public right of way during construction shall be restored at the owner's expense within the public right-of-way including but not limited to roadway pavement, curbing, sidewalk, drainage facilities, utilities, etc.