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The subject property is located within the NC – Neighborhood Commercial Zone District (Per the Jackson Township Ordinance). The Applicant is seeking preliminary and final site plan and conditional use approval to construct a 22,148-sf proposed 2-story daycare building for a maximum of 270 children (newborn to 6 yrs old) and 40 staff members.

Daycare Center:

Per §244-56C(1) child-care centers, nursery schools and day-care centers is a permitted conditional use subject to the conditions of §244-114.

A statement shall be submitted with the application setting forth the full particulars regarding the use, activities, and building. A statement of operations has been provided. The Applicant complies with this condition.

The minimum required lot area for the proposed use shall be one acre. Other lot and principle building bulk requirements for the respective zoning district of the proposed use shall prevail. The site is 1.92 acres. The Applicant complies with this condition.

Accessory buildings shall be located no closer than 20 feet to the rear or side property lines. No accessory building shall be permitted within the required front yard setback or the front building line of the principal building, whichever is greater. There are no accessory buildings proposed. The Applicant complies with this condition.

All interior facilities and areas to be used by the children shall be located on the principal entrance floor and any other level which is not more than 1/2 story above or below the finished grade at the location from which pedestrian access is provided to the building. The architectural

A minimum of 100 square feet per rated building capacity of outdoor space devoted to recreational use shall be provided and shall be entirely fenced or otherwise protected from hazards, traffic, and driveways. The Applicant is proposing a maximum of 270 children (newborn to 6 yrs old) and 40 staff members. If this calculation is only based on children, then 27,000 sf of outdoor space is required. The Applicant is depicting 27,203 sf of outdoor play area. Testimony shall be provided to discuss the area provided to determine if the intent of the condition has been met.

Basement areas shall not be utilized for child care, classrooms, or recreational purposes. There is no basement shown on the architectural plan. It appears that the Applicant complies with this condition. Testimony shall be provided to confirm that no basement is proposed.

All loading and unloading of children shall take place on site and not in the right-of-way of a public street. The statement of operations indicates that “To administer pick-up and drop-off, parents will park in the parking spots at the front of the building and enter the day-care to either pick-up or drop-off their children”. The Applicant complies with this condition.

No temporary or permanent residential dwelling facilities shall be provided in a child-care center, nursery school, or day-care center. There are no temporary or permanent residential dwelling facilities shown on the architectural plans. It appears that the Applicant complies with this condition. Testimony shall be provided to confirm that no temporary or permanent residential dwelling facilities will be provided.

The use shall be licensed by the Division of Youth and Family Services, New Jersey Department of Human Services. The Applicant indicates that they will comply. Testimony shall be provided.

The Applicant is seeking preliminary and final site plan and conditional use approval to construct a 22,148-sf proposed 2-story daycare building for a maximum of 270 children (newborn to 6 yrs old) and 40 staff members in the NC – Neighborhood Commercial Zone. Confirming testimony should be provided.

Per §244-56C(1) child-care centers, nursery schools and day-care centers is a permitted conditional use subject to the conditions of §244-114. The Applicant shall provide testimony to discuss the conditional use requirements listed under IIIB above. The architectural plans depict a 2-story building with the finished grade for the pedestrian access midway between the first-floor elevation and the second-floor elevation. Testimony shall be provided. Should it be determined that this condition is not met, then the Applicant may be required to appear before the Zoning Board of Adjustment for ‘d-3’ variance relief.

The Applicant is proposing an outdoor play area with a 4 ft chain link fence and no gates are shown. The Applicant shall provide testimony to discuss the safety of the children. The play areas are adjacent to parking lots and have direct access to the parking lots. The plans shall be revised as necessary and details provided for any fences or gates proposed.

The statement of operations indicates that “To administer pick-up and drop-off, parents will park in the parking spots at the front of the building and enter the day-care to either pick-up or drop-off their children”. The Applicant shall provide testimony to confirm that no buses are proposed to pick-up or drop-off children.

The statement of operations indicates that “Loading and unloading for the deliveries will occur using the entrance at grade level in front of the building”. Based on the architectural plans it would appear that the front entrance is an emergency entrance with access to the stairway. What protections will be put in place to ensure the safety of the children? Testimony shall be provided.

6. The Applicant shall provide testimony to discuss the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazard, the hours of operation of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site and provisions to be made for site maintenance.

Per §244-114D all interior facilities and areas to be used by the children shall be located on the principal entrance floor and any other level which is not more than 1/2 story above or below the finished grade at the location from which pedestrian access is provided to the building. The architectural plans indicate a 2-story building. The plans shall be revised accordingly.

There is a discrepancy with regard to the building square footage shown on the architectural plans and the site plans. The architectural plans indicate a first floor of 8,591 sf and a second floor of 12,856 sf, whereas the site plans indicate a first floor of 9,040 sf and a second floor of 13,108 sf. Revise the plans to address this discrepancy.

According to the architectural floor plans, it appears that there is only one entrance to the building on the easterly side of the building. On the northerly side of the building is an exit access stair 1, on the westerly side of the building is an emergency access, and on the southerly side of the building is access to the electric room. The Applicant shall provide testimony to discuss the circulation of parents and students from the parking lot on the northerly side of the building. The distance from the furthest parking space is approximately 350 ft from the entrance.

The Applicant shall provide testimony to discuss the exterior finishes of the building.

Our office recommends that the Applicant consider incorporating solar into the building/site design.

Per §244-201 when the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators or similar devices for cooling, heating, or generating purposes outside or on top of any structure, they shall be screened from public view. The location of all equipment shall be shown, the type of screening used, and all related details provided.

Per §244-207B(6)(a) ground mounted signs (or "monument signs") shall be permitted for professional office uses, commercial office uses, institutional uses (religious, education, government agencies), industrial parks or retail/service uses in the ROS, O/R, HVC, NC, LM, I, PVC, RGC and HC Zones. Testimony shall be provided to discuss the Applicant's intention to propose an identification sign. If signage is proposed details shall be provided and the location shown on the plan.

Per §244-207B(7) each principal building may have one wall sign not to exceed 15% of the principal façade area or 80 sf, whichever is smaller. The architectural elevations depict a wall sign on the left elevation on sheet A5. A detail shall be provided to determine compliance.

The Applicant shall provide testimony to discuss any proposed roadway improvements within the South New Prospect Road right-of-way and the timing of the improvements.

The Applicant shall provide testimony to discuss the potential traffic impacts as a result of the

The Applicant is proposing access to the site by way of a one-way entrance drive and a one-way exit drive along South New Prospect Road. Testimony shall be provided to discuss vehicular circulation in and out of the site.

There are discrepancies with regards to the one-way entrance and exit drives. The site layout plan depicts a traffic flow arrow for an entrance at the northerly access drive, however the signage at that access drive is conflicting. The same occurs at what appears to be the exit for the southerly access drive. The plans shall be revised to clearly show which access drive is the entrance and which is the exit and the signage should be revised accordingly.

The Applicant shall provide testimony to discuss vehicular circulation within the dead-end parking areas. The northerly parking area provides a small turnaround area. The southerly parking area with the accessible parking stalls provides no turnaround area.

The circulation plans appear to depict the fire truck and the refuse truck entering the site through the exit drive and leaving the site through the entrance drive. The plans shall be revised accordingly to ensure the circulation for the fire truck and trash truck is adequate.

Per §244-196A for every building, structure or part thereof having over 10,000 square feet of gross floor area erected and occupied for any use other than residential, there shall be provided at least one truck standing, loading, and unloading space on the premises, not less than 12 feet in width, 35 feet in length and with a minimum vertical clearance of 14 feet. Buildings that contain an excess of 15,000 square feet of gross floor area shall be required to provide additional off-street loading spaces as determined by the municipal agency during site plan review, whereas the Applicant proposes a 22,148 sf building and no loading and unloading space is proposed. The Applicant shall provide testimony to discuss the need for a loading and unloading space. The Applicant shall discuss the size truck anticipate for deliveries and where the truck will be stopped during deliveries.

Per §244-197J(2)(a)[2][a] all entrance drives shall extend a minimum distance of 100 feet back from the street right-of-way or to a parking access aisle or major circulation drive, whereas approximately 50 ft is provided. The plans should be revised, or the Applicant shall request a waiver.

Per §244-197J(2)(a)[2][b] all exit drives shall extend a minimum distance of 60 feet back from the street curb or to a parking access aisle or major circulation drive, whereas approximately 50 ft is provided. The plans should be revised, or the Applicant shall request a waiver.

Per §244-197J(2)(a)[2][c] no parking stalls shall utilize the required entrance and exit drives or major circulation drives as parking access aisles, whereas the parking accesses the main circulation drive. The plans should be revised, or the Applicant shall request a waiver.

Testimony shall be provided to discuss pedestrian and accessible circulation.

The Applicant is proposing a slope of approximately 12% in the parking area access drive. Our office has concerns regarding the safety for vehicles and pedestrians in these areas. Testimony shall be provided to discuss the slopes of the parking areas.

A detail shall be provided for the EV Ready spaces.

A detail shall be provided for the reinforced concrete apron.

A detail shall be provided for the accessible ramps.

Sign details for the "one-way" signs and "do not enter" signs shall be provided.

Testimony should be provided regarding the reasoning for not having a continuous fire access route around the entire building.

Our office defers all fire prevention and fire safety issues to the Township Fire Official.

The landscape plan should be revised to provide for more diversity of the plant selections. The plants species should be in groupings of 5 to 7 plants to avoid losing all the plants to insects or diseases. It is recommended that the landscape plan be prepared by a licensed landscape architect.

Per §244-193B(1)(b) buffer areas are required along all side and rear property lines which are zoned for residential use. The width of the buffer is based on the size of the proposed building. The 22,148 sf building requires a buffer width of 25 feet. The R-15 residential zone is along the side and rear property lines. The Applicant is proposing a 25 ft area with 15 ft for the play area, a retaining wall, and 10 ft width of evergreens spaced 12 ft apart with intermittent existing trees to remain. Additional plantings shall be provided to create a solid screen, or the Applicant shall request a waiver. Testimony shall be provided to discuss the buffering provided.

Per §244-193B(1)(b) buffer areas are required along front property lines on local, minor collector and major collector streets which abut areas zoned for residential use. The 22,148 sf building requires a buffer width of 25 feet. The R-1 residential zone is located directly across from the site along South New Prospect Road. The Applicant is proposing an area of 25 ft, however, there is approximately 3 ft of grade change from where the shrubs are plants to where the parking lot is located. The Applicant shall provide testimony to discuss the ability of the proposed plantings to provide an adequate screen. The Applicant may require a waiver.

Per §244-193C(2) the screening area shall be a minimum of 20 feet in width and shall be planted with evergreen trees approved by the municipal agency. Trees shall be planted in two staggered rows eight feet apart and shall be between five feet and six feet in height and shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurserymen, Inc. Within each row, the trees shall be planted on six-foot centers. The Applicant is proposing a 10 ft width of evergreens spaced 12 ft apart with intermittent existing trees to remain. Additional plantings shall be provided to create a solid screen, or the Applicant shall request a waiver.

Per §244-193B(4) no structure, storage of materials or parking of vehicles shall be permitted within the buffer area, except that, where permitted by the municipal agency, the buffer area may be broken for vehicular or pedestrian access and appropriate directional and safety signs provided, whereas a retaining wall is proposed. The Applicant may require a waiver.

A sight triangle easement shall be provided for the right turn movement into the site at the one-way entrance drive and at the one-way exit drive. The plantings proposed at the entrance and exit drives have a mature growth of greater than 30 inches. Revise the plantings within the sight triangles are needed.

The applicant should provide testimony to discuss the need to provide foundation plantings, whereas no area is provided for foundation plantings.

All tree removal shall be in accordance with Chapter 405 of the Township of Jackson Ordinance.

A Landscape & Tree Save Plan shall be reviewed and approved by the Jackson Township Certified Tree Expert.

The Applicant is proposing to retain existing trees within the proposed play area. All trees to remain shall be labeled with the type of tree and the size. The safety of the children should be considered. Testimony shall be provided.

There are existing trees shown to remain in the area of the proposed fence. The likelihood of saving these trees should be discussed.

The Applicant should provide testimony regarding the irrigation of the proposed landscaping. If irrigation is proposed, the Applicant should note that irrigation will be designed by a NJDEP-Certified irrigation contractor.

Per §244-197J(1)(f) shielding shall be required where necessary to prevent light trespass glare upon adjacent properties or streets. The point-by-point analysis indicates light spillage onto the adjacent properties. The Applicant shall provide testimony to discuss the light spillage and whether light shields are proposed. The lighting design may need to be revised.

Wall mounted lights are not shown on the lighting plan. Testimony shall be provided to discuss the need for wall mounted lights especially in the area of the building entrance.

The Applicant shall provide testimony to discuss the need for lighting in the play areas.

The stormwater inlets and piping should be removed from the lighting plan to clearly see the proposed light poles.

Per §244-208F the enclosed refuse area shall not be located so as to interfere with traffic circulation, the parking of vehicles, the maneuverability and parking of vehicles making materials delivery or pickup, nor shall any solid waste storage area be part of, restrict or occupy any parking aisle or stall. The Applicant shall provide testimony to discuss the location of the trash enclosures as well as the circulation of the trash truck. Sheet C501 depicts the trash truck entering the site by way of the one-way exit and leaving the site by way of the one-way entrance.

Testimony shall be provided to discuss the size of the trash enclosure area to determine if the trash enclosure area is adequate to service the proposed use.

Per §244-208K for every solid waste storage area, at least one area shall be designated adjacent thereto for the collection of recyclable materials. The trash enclosure detail should be revised to clearly indicate an area for recyclables.

The trash enclosure detail shall include an elevation view for the fence and gates.

The Applicant should indicate the anticipated quantity of recyclable materials generated for the use, how recyclable material will be collected, as well as bulk items.

The Applicant shall provide testimony as to the frequency the refuse will be removed from the site.

The Applicant proposes to service the site with public water. The existing water main is located along South New Prospect Road in front of the site. The Applicant will require a road opening permit from the Ocean County Highway Department.

The Applicant is proposing to service the site with public sewer. The existing sewer main is within Marginal Road which is southeasterly of the site parallel to South New Prospect Road. The Applicant will require a road opening permit from Jackson Township.

It is noted on sheet C400 that the existing manhole is Marginal Road is debris filled. Testimony shall be provided to discuss the removal of the debris.

The Applicant requires approval from the Jackson Township Municipal Utilities Authority, Ocean County Utilities Authority, and Ocean County Planning Board.

The Applicant shall provide testimony to discuss the potential environmental impacts as a result of the proposed development. The site is surrounded by residential zones. The testimony shall include the potential impacts as they relate to the adjacent properties.

The Applicant shall provide testimony to discuss the potential impacts as a result of the demolition of the existing structures on the site, as well as the need for permits to demolish the existing structures.

The word “Planning” is spelled incorrectly in the certification block on sheet C100. Revise accordingly.

The Applicant is required to obtain all local and outside agency approvals.

A list of approved variances and waivers shall be provided on the plans.

Issues related to the Affordable Housing Non-Residential Development Fee are deferred to the Board Solicitor.

Per 244-176.1G(1) office trailers may be used on a construction site as a construction office, subject to individual approval by the Planning Board or Zoning Board of Adjustment, and as individually approved by the Construction Official. Said office trailer may not be placed on the site prior to issuance of a building permit and must be removed at the owner's expense upon completion of the job. The Applicant shall provide testimony to discuss their intentions to place a temporary office trailer on-site.

Testimony should be provided regarding the earthwork quantities for the site and compliance with Chapter 364 – Soil/Fill Importation.