ON MONDAY, APRIL 26, 2004, AT 6:30 P.M., THE JACKSON TOWNSHIP COMMITTEE HELD IT S MEETING IN THE MUNICIPAL BUILDING

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1 ON MONDAY, APRIL 26, 2004, AT 6:30 P.M., THE JACKSON TOWNSHIP COMMITTEE HELD IT S MEETING IN THE MUNICIPAL BUILDING ROLL CALL: COMMITTEEMAN BRODERICK COMMITTEEMAN KAFTON COMMITTEEMAN REILLY DEPUTY MAYOR GRISANTI MAYOR GIBLIN ATTORNEY STARKEY ADMINISTRATOR KENNEDY TOWNSHIP CLERK EDEN RESOLUTION 215R-04 TITLE: RESOLUTION FOR EXECUTIVE SESSION TO AUTHORIZE TOWNSHIP COMMITTEE TO ENTER INTO CLOSED DISCUSSIONS CONCERNING MATTERS INVOLVING PERSONNEL, LITIGATION AND OPEN SPACE LAND ACQUISITION MOTION TO APPROVE BY: BRODERICK MOTION SECONDED BY: KAFTON 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 Mayor and Committee 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 hereinafterspecified subject matter. 2. The general nature of the subject matter to be discussed is as follows: a) Personnel b) Litigation c) Potential Land Acquisition 3. It is anticipated that the subject matter discussed may be made public upon its conclusion or final disposition. DATED: 04/26/04 ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK ON MONDAY, APRIL 26, 2004 THE JACKSON TOWNSHIP COMMITTEE HELD IT S MEETING, COMMENCING AT 7:30 P.M. IN THE MAIN MEETING ROOM OF THE MUNICIPAL BUILDING. SAID MEETING WAS OPENED WITH THE PLEDGE OF ALLEGIANCE. ROLL CALL: COMMITTEEMAN BRODERICK COMMITTEEMAN KAFTON COMMITTEEMAN REILLY DEPUTY MAYOR GRISANTI MAYOR GIBLIN ATTORNEY STARKEY ADMINISTRATOR KENNEDY TOWNSHIP CLERK EDEN

2 Jackson Township Committee Meeting Minutes April 26, 2004 Page 2 of 45 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 Committee has been advertised in the manner prescribed by law. This statement shall be entered into the Minutes of this meeting. PROCLAMATIONS: NATIONAL DAY OF PRAYER MAYOR GIBLIN: He read from a proclamation declaring May 6, 2004 as National Day of Prayer in Jackson Township. He added that there will be services here on May 6, 2004 at 12:00 PM and 7:00 PM. MAYORAL APPOINTMENT MA#18-04 Joanne Powell was appointed to the Senior Citizens Advisory Board for a term commencing April 26, 2004 December 31, CEREMONY: MAYOR GIBLIN: He explained that they will have a ceremonial signing of the deed transferring Township owned property to Fire District No. 3. COMMITTEEMAN BRODERICK: He introduced the Fire Commissioner who introduced the members of Fire District No. 3. He thanked the Committee and the Mayor for their help in improving fire safety in Jackson by donating land for a new fire station. MAYOR GIBLIN: He explained that they don t have the official deed yet, but he will sign something that says that they have the land located off of Brewers Bridge Road in the vicinity of the First Aid Substation. He stated that they look forward to working with them and he thanked all the volunteers for everything they do for the community. PRESENTTION: MAYOR S GOLF TOURNAMENT COMMITTEEMAN KAFTON: He explained that every other year the township does the Mayor s Golf Tournament and the monies that are raised go to the non-profit organizations in our town. Every year they seem to raise more money and this year s tournament grossed over $80,000. It enabled the Township Committee to give money to over 15 organizations in town. He explained they will give out 3 checks this evening. The first check for $3,000 will go to the Jackson Women of Today who are an incredible asset to the town. The most successful thing they do is the food pantry, but they are also involved with the High School Senior Scholarship Fund and the Junior ROTC. Members of the Jackson Women of Today also helped out at the Mayor s Golf Tournament. Committeeman Kafton asked Mike Hanlon (President of the Board of Education) to come up and join him. He then presented a $3,000 check to Mr. Hanlon, which will be going to the Jackson High School Scholarship Fund. He thanked the scholarship fund volunteers for all the money they raise for the kids to go to college. The last check went to the Jackson Optimist Club. Joe Kinzelin, President of the club accepted the $3,000 check.. Committeeman Kafton explained that he and Committeeman Broderick are both members of this club. The club is involved with many programs in this town such as the Childhood Cancer Program, handicapped playground and the Autism program. Mr. Kinzelin then explained other activities the Optimist Club takes part in. COMMITTEE COMMENTS COMMITTEEMAN BRODERICK: He began by thanking everyone for coming out this evening. He congratulated Gus Acevedo and Linda Lackay, Board of Education Members, who were successful in the election last week. He then congratulated all the recipients of the checks from the Mayor s Golf Tournament and said they are all well deserving groups. He went on to say that he has actually met with Senator Singer and it is his pleasure to announce tonight on Senator Singer s behalf that the Senator is

3 Jackson Township Committee Meeting Minutes April 26, 2004 Page 3 of 45 supportive of this Committee s efforts in the Category 1 issues. He thanked the Senator and stated that they look forward to working with him on Category 1. COMMITTEEMAN KAFTON: He too congratulated Gus Acevedo and Linda Lackay on winning the School Board election. He stated again that the Jackson Women of Today do a great job. He had the opportunity to go to the dinner they had at the Greenhouse Restaurant and see the new board being sworn in. He then told Mr. Kinzelin from the Optimist Club his organization also does a great job. COMMITTEEMAN REILLY: He thanked everyone for coming out and said it was a good turnout this evening. He too congratulated all the recipients of the Mayor s Golf Tournament awards. In closing, he told everyone to get home safely. DEPUTY MAYOR GRISANTI: He also congratulated Gus Acevedo and Linda Lackay, but said unfortunately the school budget was defeated. By voting back in the incumbents and voting down the budget it seems that people are more upset with our property tax system then funding schools. He believes that until the property tax issue is resolved on the State level it is going to be a problem. He asked everyone to write to their Assemblymen and Senator and remind them how important it is that we need property tax reform because we can t keep funding schools and the School Board budgets will continue to be defeated. MAYOR GIBLIN: He thanked everyone for coming out. He explained that the voter turnout for the School Board election was very low. The Countywide turn out was 14%, but Jackson s turnout was in the 11% to 12% range. He believes that the same people who want quality education for their children don t participate in the voting process. In a district growing like ours with a budget in excess of $100 Million dollars it is prudent upon everyone to participate. People can get upset that the budget was defeated, but they should only be upset with themselves. He encourages everyone to participate in our local organizations and School Board elections because these are the things that have the most impact on us as residents of Jackson. BILLS AND CLAIMS MOTION TO APPROVE BILLS AND CLAIMS BY: GRISANTI CHECK# VENDOR AMOUNT JACKSON TOWNSHIP P/R ACCOUNT 480, JACKSON TOWNSHIP P/R ACCOUNT 37, JACKSON TOWNSHIP P/R ACCOUNT 484, U.S. HOME CORPORATION 4/26/04 VOID A&S CONSULTING 3, ACTION OFFICE SUPPLIES INC ADAMS, REHMANN, HEGGAN & ASSOC 4, ARCH WIRELESS ASBURY PARK PRESS, INC ATLANTIC SALT INC. 2, AT&T BINDER MACHINERY COMPANY, INC BOARD OF FIRE COMMISSIONERS 117, BUDGET BLINDS 2, C&J DOLLAR DISCOUNT STORE CANON BUSINESS SOLUTIONS 1, CHASE MANHATTAN MORTGAGE CORP DAVID & PAULINE CHABAN 1, CHERRY VALLEY TRACTOR SALES ROBERT CLARKE 3, RALPH CLAYTON & SONS MATERIALS COHENS MODERN PRINT SVCE. INC

4 Jackson Township Committee Meeting Minutes April 26, 2004 Page 4 of METROPOLITAN INSURANCE CO COSTCO WHOLESALE COUNTY LINE HARDWARE COUNTY OF OCEAN 4, COUNTRY CLEAN, INC CREATIVE HOBBIES DELTA DENTAL PLAN OF N.J. INC. 19, DELL DEPTCOR/BUREAU OF DIRECT SAFETY CO DIRECTV, INC DIVISION OF STATE POLICE-SBI DOMAIN DISCOVER DOWNS FORD, INC. 2, EAST COAST FIRE SPRINKLER 1, EDWARDS TIRE COMPANY, INC. 5, EXCAVATING MATERIALS & 3, EXECUTIVE BUSINESS PRODUCTS FARLEY S ICE CREAM FIRE TECH EQUIPMENT CORP. 1, FORKED RIVER NAPA FOSTER & COMPANY, INC GANN LAW BOOKS INC GENERAL CODE PUBLISHERS CORP. 3, GREENBRIAR AT WINDING WAYS 4, GREATER MEDIA PUBLICATIONS HENRY GOSSARD dba/h & D FIRE HOMECOMINGS FINANCIAL NETWORK HUNTER JERSEY PETERBUILT IKON OFFICE SOLUTIONS INDUSTRIAL WELDING SUPPLY INC INTERNATIONAL TRUCK OF CENTRAL JACKSON TWP. MUN. UTILITIES AUTH 3, JACKSON AUTO BODY 1, JACKSON TOWNSHIP TAX TRUST ACC JCA ASSOCIATES, INC JERSEY CENTRAL POWER & LIGHT 16, JERZ MECHANICAL 2, JOHNNY ON THE SPOT JOHN LUCAS CHEV OLDS DAVID KLINE JR JOSE LACOMBA LAKEWOOD AUTO SUPPLY INC LANGUAGE SERVICES ASSOCIATES LEE BATTERY SERVICE, INC L.J. MAKRANCY & SONS 31, LOWE S COMPANIES, INC RONNELL & AUZENCIA MABANSAG 1, THOMAS MACONE MCMASTER-CARR SUPPLY CO METROPOLITAN LIFE INSURANCE CO. 20, MONMOUTH COUNTY TRAFFIC MICHAEL MORVAY JOSEPH & HELENE MURGITTROYD NAPCO/R.S. KNAPP CO. INC NEXTEL COMMUNICTIONS 3, N.J.E.M. ASSOCIATION NEW JERSEY NATURAL GAS VOID NEW JERSEY NATURAL GAS 12, NEW JERSEY N.J. STATE ASSOC. OF CHIEFS OF NORMAN S GLASS & AUTO SVCS, INC

5 Jackson Township Committee Meeting Minutes April 26, 2004 Page 5 of OCEAN COUNTY NEWSPAPERS, INC OCEAN COUNTY CLERK OCEAN MOTORS, INC JEFFREY PASCARELLA PEDRONI FUEL COMPANY, INC. 5, PITNEY BOWES, INC PLESANT GARDENS SO. CONDO. ASSN MATTHEW & ROBIN DAVIS PORYEAR 1, QUILL CORPORATION JOSEPH REGGIO RELIABLE CORPORATION RUTGERS, THE STATE UNIVERSITY SANDY SASSO/(RUGGIRELLO) SCANTEK 30, SHERWIN WILLIAMS COMPANY, INC SHOPRITE/PERLMART, INC SPC TACTICAL OPERATIONS GROUP STRAUSS AND ASSOCIATES 3, SUPPLY SAVER THE STAR LEDGER TOWNSHIP OF STAFFORD TRENTON BRAKES, INC TREASURER, STATE OF NEW JERSEY 13, TRICO CREDIT CORPORATION 8, TROPICANA CASINO & RESORT TUBE LIGHT COMPANY, INC MICHAEL CEPPALUNI dba/united UNITED PARCEL SERVICE VERIZON WIRELESS VERIZON VOID VERIZON VOID VERIZON 4, WAL-MART COMMUNITY WELLS FARGO HOME MORTGAGE INC. 1, WEST-THOMSON CORPORATION ORDINANCES, SECOND READING: TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON AMENDING CHAPTER 109 OF ARTICLE XII OF THE LAND USE AND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF JACKSON TO FACILITATE THE PROVISION OF AFFORDABLE HOUSING IN CONNECTION WITH RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENT PUBLIC HEARING OPENED: MAYOR GIBLIN: He stated to better help the public understand this change in affordable housing he asked the Township s affordable housing attorney, Ron Morgan, to make a brief presentation regarding the Mount Laurel decision and our responsibility as a community to provide housing under the State law. RON MORGAN, ESQ: He began by explaining the Mount Laurel Fair Housing Act from The court ruled that every municipality in New Jersey has an affordable housing obligation. The New Jersey Council on Affordable Housing is the administrative agency responsible for administering the doctrine. The council (COAH) was authorized to establish fair share numbers for communities in cycles. The first cycle went from 1987 to 1993 and Jackson was assigned a fair share obligation of 757 affordable housing units. The Township elected to secure a judgment from the Superior Court to accommodate the number and that was granted. The Township was never sued for affordable housing compliance. The second was a 12 year cumulative cycle that went from 1987 to 1999

6 Jackson Township Committee Meeting Minutes April 26, 2004 Page 6 of 45 and COAH increased Jackson Township s fair share obligation to 1,323 units, which necessitated rezoning through out the community. The Township went back to court to have its plan certified and tried to get its obligation capped at 1,000 units. The Superior Court referred this to COAH who determined that this did not apply to the cap rule. The community has satisfied 1,153 housing units so far. COAH s next cycle began in 1999 and COAH has delayed in releasing its numbers and recently they decided to abandon the concept of assigning fair share numbers to communities and will now determine affordable housing compliance through growth potential. It has established growth share rules which require the production of one affordable housing unit for every ten new homes that come in and one affordable housing unit for every non residential use that generates 30 or more employment opportunities. Those rules have been released and have not been adopted yet because 2,500 comments were received. We are now in 2004 and Jackson Township has decided to embrace the growth share principles that COAH has established in the proposed rules and adopt the Ordinance tonight that will establish what he just explained. Jackson is the first community to embrace the growth share concept because they feel it has many advantages. One advantage is that it does not require increased density or modify the zoning standards at all. The other benefit is imposing the obligation to produce the housing on those who are consuming the land. It will not segregate low and moderate income households to any particular location in the township and it will spread out the obligation evenly. If implemented, the developer may not have to construct a new unit they could go out and buy a substandard housing unit in the community and bring it up to code and resell it or rent it for affordable housing purposes and it will also serve as a redevelopment tool for the community. MAYOR GIBLIN: He explained that they believe this will be a great asset to the community and it disburses the obligation to the builders and actually puts affordable housing through out the community and not designated to one particular area. In closing, he thanked Ron Morgan for his expert advice on this issue. He then stated that other municipalities in the State will be jumping on board to produce an Ordinance like this. DEPUTY MAYOR GRISANTI: He stated that this Ordinance was reviewed by the Planning Board and the board has made a favorable recommendation for implementation. MOTION TO CLOSE PUBLIC HEARING BY: KAFTON MOTION SECONDED BY: GRISANTI MOTION TO APPROVE ORDINANCE ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: BRODERICK MOTION SECONDED BY: KAFTON ORDINANCE WHEREAS, the New Jersey Supreme Court and New Jersey Legislature have recognized and mandated in So. Burl. Co. NAACP v. Mount Laurel, 92 N.J. 158 (1983) ( Mount Laurel ) and the Fair Housing Act, N.J.S.A. 52:27D-301, et. seq. ( FHA ) that every municipality in New Jersey has an affirmative obligation to facilitate the prompt production of affordable housing; and WHEREAS, the New Jersey Council on Affordable Housing ( COAH ) is the state administrative agency created pursuant to the FHA vested with primary jurisdiction for the administration of affordable housing obligations in accordance with sound regional planning considerations in New Jersey; and

7 Jackson Township Committee Meeting Minutes April 26, 2004 Page 7 of 45 WHEREAS, COAH s proposed third cycle Substantive Rules [N.J.A.C. 94-1, et. seq.] seek to implement a growth share approach to affordable housing production which the Township of Jackson feels is fair, equitable and reasonable because it requires affordable housing to be produced in conjunction with all residential and nonresidential development on a uniform and Township-wide basis in conjunction with normal growth and market forces thereby evenly distributing housing production, and (b) avoiding the concentration and segregation of affordable units and low and moderate income households to isolated locations within communities; and WHEREAS, the Township of Jackson desires to immediately implement the growth share policies promulgated and announced by COAH prior to the formal adoption and effective date of COAH s proposed third cycle Substantive Rules in an effort to foster the production of affordable housing units and/or credits before the new Rules take effect so that valuable housing opportunities for economically challenged New Jerseyans are not lost or squandered as a result of residential and nonresidential development projects that receive preliminary development approvals prior to the effective date of the new Rules. NOW, THEREFORE, BE IT ORDAINED AND ESTABLISHED by the Township Committee of the Township of Jackson, County of Ocean and State of New Jersey that Chapter 109, Article XII of the Land Use and Development Ordinance of the Township be and are hereby amended as follows: SECTION 1. Legislative Intent. The legislative intent set forth in the above preambles and recitals are hereby adopted and incorporated by reference herein as if set forth herein at length. SECTION 2. The following new is hereby added to Article XII of the Land Use and Development Ordinance: Uniform Affordable Housing Productions Based Upon Growth Share. A. Residential Development. Any residential development in any zoning district in the Township proposing more than ten (10) lots or units shall set-aside ten percent (10%) of said units for affordable housing as said term is defined under the FHA and COAH s Rules. B. Nonresidential Development. All nonresidential development applications submitted to the Planning Board or Board of Adjustment shall be accompanied by an Employee Projection Report ( EPR ) that estimates the number of employees that are anticipated to work at the nonresidential use. The accuracy of said employment projections shall be certified by the Chief Executive Officer or Manager of the applicant. The applicant shall be required to produce one nonage-restricted affordable home meeting COAH s eligibility criteria for every thirty (30) new jobs created in the Township as a result of the proposed nonresidential

8 Jackson Township Committee Meeting Minutes April 26, 2004 Page 8 of 45 development project. The applicant may choose to satisfy its affordable housing production obligation through the mechanisms permitted in COAH s rules, including, with Jackson Township s advanced permission, the funding of a Regional Contribution Agreement ( RCA ). Evidence of compliance shall be produced to the Planning or Zoning Board at the time of filing and shall be a condition of all completeness determinations. As such, satisfaction of affordable housing compliance shall be an automatic condition of all approvals that must be satisfied prior to the issuance of the project s first building permit. C. Low and Moderate Income Split. The affordable unit to be produced pursuant to Paragraphs A and B (above) shall be available to a low income individual or household should only one affordable unit be required. Thereafter, each of the units shall be split evenly between low and moderate income individuals and households except in the event of an odd number in which event the unit shall be a low income unit. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court or administrative agency 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 sections hereof. SECTION 4. Inconsistency. All ordinances or parts of ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency. SECTION 5. Effective Date. The Ordinance shall take effect upon final passage and publication according to law and filing with the County Planning Board in accordance with N.J.S.A. 40:55D-16. NOTICE NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at a regular meeting of the Township Committee of the Township of Jackson, in the County of Ocean, State of New Jersey, held on April 12, 2004 and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 26th day of April 2004, at 7:30 P.M. or as soon thereafter as this matter can be reached, at the meeting room of the Municipal Building in said Township, at which time all persons interested shall be given an opportunity to be heard concerning this Ordinance.

9 Jackson Township Committee Meeting Minutes April 26, 2004 Page 9 of 45 Prior to the second reading, a copy of this Ordinance shall be posted on the Bulletin Board in the Municipal Building and copies shall be made available at the Township Clerk s Office in said Municipal Building to members of the general public who shall request such copies. DATED: 04/26 /04 ANN MARIE EDEN TOWNSHIP CLERK TITLE: AN ORDINANCE TO AMEND CHAPTER 3, SECTION 143 OF THE CODIFIED ORDINANCES OF THE TOWNSHIP OF JACKSON ENTITLED, REGISTRAR OF VITAL STATISTICS TO INCLUDE THE SCHEDULE OF FEES PUBLIC HEARING OPENED: NO ONE CAME FORWARD. MOTION TO CLOSE PUBLIC HEARING BY: KAFTON TOWNSHIP CLERK EDEN: She explained that the township is increasing their fees because the State has increased their fees. MOTION TO APPROVE ORDINANCE ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: GRISANTI ORDINANCE WHEREAS, the Township of Jackson desires to amend the Codified Ordinances of the Township of Jackson to include a fee schedule for the fees currently being charged for services of the Registrar of Vital Statistics; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Township Committee of the Township of Jackson, County of Ocean, State of New Jersey, that the Codified Ordinance of the Township of Jackson entitled, Registrar of Vital Statistics be amended to include the following: (A) Fee Schedule Pursuant to N.J.S.A. 26:8-25, the following fee schedule is hereby established for certified copies of any registrar documents: Certificates: Certification of Birth, Marriage, and Death $5.00 Certified copy of Birth, Marriage and Death $5.00 Correction of record of Birth, Marriage, and Death $5.00 Search for records $1.00 per year Burial Permits $5.00

10 Jackson Township Committee Meeting Minutes April 26, 2004 Page 10 of 45 NOTICE NOTICE IS HEREBY GIVEN that the foregoing ordinance was introduced and passed first reading at a regular meeting of the Township Committee of the Township of Jackson, in the County of Ocean, State of New Jersey, held on April 12, 2004 and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 26 th day of April 2004 at 7:30 pm or as soon thereafter as this matter can be reached, at the meeting room of the Municipal Building in said township at which time all persons interested shall be given an opportunity to be heard concerning this Ordinance. Prior to the second reading, a copy of this Ordinance shall be posted on the Bulletin Board in the Municipal Building and copies shall be made available at the Township Clerk s Office in said Municipal Building to members of the general public who shall request such copies. DATED: 04/26/04 ANN MARIE EDEN, R.M.C. TOWNSHIP CLERK TITLE: AN ORDINANCE OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON VACATING ALL OF THE RIGHT, TITLE AND INTEREST OF THE PUBLIC IN PORTIONS OF MANOR AVENUE AND SEAMEADOW AVENUE AND TWO ALLEYS PUBLIC HEARING OPENED: NO ONE CAME FORWARD MOTION TO CLOSE PUBLIC HEARING BY: BRODERICK MOTION SECONDED BY: KAFTON MOTION TO APPROVE ORDINANCE ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: KAFTON ORDINANCE BE IT ORDAINED, by the Township Committee of the Township of Jackson, County of Ocean, State of New Jersey, as follows: SECTION 1. There is hereby vacated all of the right, title and interest of the public in all of that portion of Manor Avenue, Seameadow Avenue and two alleys as described on the attached metes and bounds; all of the above as shown on the official Tax Map of the Township, page 25, pursuant to the provisions of N.J.R.S. 40: SECTION 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. SECTION 3. If any section, paragraph, subdivision, clause of provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to that section, subdivision, clause or provision so adjudged and the remainder of this ordinance shall be deemed to be valid and effective.

11 Jackson Township Committee Meeting Minutes April 26, 2004 Page 11 of 45 SECTION 4. This ordinance shall take effect immediately upon final passage and publications as required by law. NOTICE NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at a regular meeting of the Township Committee of the Township of Jackson, in the County of Ocean, State of New Jersey, held on April 12, 2004 and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 26th day of April 2004, at 7:30 P.M. or as soon thereafter as this matter can be reached, at the meeting room of the Municipal Building in said Township, at which time all persons interested shall be given an opportunity to be heard concerning this Ordinance. Prior to the second reading, a copy of this Ordinance shall be posted on the Bulletin Board in the Municipal Building and copies shall be made available at the Township Clerk s Office in said Municipal Building to members of the general public who shall request such copies. DATED: 04/26/04 ANN MARIE EDEN, RMC TOWNSHIP CLERK TITLE: AN ORDINANCE OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF JACKSON AMENDING CHAPTER 62 OF THE TOWNSHIP CODE ENTITLED FLOOD PLAIN MANAGEMENT PUBLIC HEARING OPENED: NO ONE CAME FORWARD. MOTION TO CLOSE PUBLIC HEARING BY: KAFTON MOTION TO APPROVE ORDINANCE ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: KAFTON ORDINANCE WHEREAS, the Township desires to improve the efficiency and effectiveness of the administration of flood plain management in the Township; BE IT ORDAINED, by the Township Committee of the Township of Jackson, County of Ocean, State of New Jersey, as follows: SECTION 1. The local administrator of floodplain management in the Township of Jackson shall be changed from the Construction Official to the Zoning Officer. Chapter 62 of the Township Code shall be amended in the following sections to effect

12 Jackson Township Committee Meeting Minutes April 26, 2004 Page 12 of 45 this change: 62-4(B) (in the subsection defining Appeal ); 62-11; 62-12; 62-13; and SECTION 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. SECTION 3. This ordinance shall take effect immediately upon final passage and publications as required by law. NOTICE NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at a regular meeting of the Township Committee of the Township of Jackson, in the County of Ocean, State of New Jersey, held on April 12, 2004, and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 26 th day of April, 2004, at 7:30 P.M. or as soon thereafter as this matter can be reached, at the meeting room of the Municipal Building in said Township, at which time all persons interested shall be given an opportunity to be heard concerning this Ordinance. Prior to the second reading, a copy of this Ordinance shall be posted on the Bulletin Board in the Municipal Building and copies shall be made available at the Township Clerk s Office in said Municipal Building to members of the general public who shall request such copies. ANN MARIE EDEN TOWNSHIP CLERK TITLE: AN ORDINANCE OF THE TOWNSHIP OF JACKSON, OCEAN COUNTY, NEW JERSEY REPEALING AND REPLACING CHAPTER 42 ENTITLED BUILDING CONSTRUCTION; UNIFORM CONSTRUCTION CODES AS IT APPLIES TO VARIOUS CONSTRUCTION PERMIT PUBLIC HEARING OPENED: NO ONE CAME FORWARD MOTION TO CLOSE PUBLIC HEARING BY: KAFTON MOTION TO APPROVE ORDINANCE ON SECOND READING, ADVERTISE THE NOTICE OF PASSAGE AND APPROVAL IN AN APPROVED NEWSPAPER AS REQUIRED BY LAW BY: KAFTON ORDINANCE NO BE IT ORDAINED by the Mayor and Committee of the Township of Jackson, County of Ocean and State of New Jersey as follows: SECTION 1. Under the provisions of this chapter, the following fee schedules are established:

13 Jackson Township Committee Meeting Minutes April 26, 2004 Page 13 of 45 A. BUILDING SUB-CODE FEES SHALL BE: All fees charged pursuant to this chapter shall be rounded in accordance with standard mathematical practices (i.e., one hundred five dollars and forty-four cents ($105.43) becomes one hundred five dollars ($105.00), and one hundred ninety-eight dollars and sixty-seven cents ($198.67) becomes one hundred ninetynine dollars ($199.00). (1) Plan Review. (b) (c) (d) For the purpose of N.J.A.C. 5: , the plan review fee shall be twenty percent (20%). The minimum plan review fee shall be seventy-five dollars ($75.00) Request for permit refund. The amount paid as the plan review fee will be deducted from the total permit fee upon issuance. The plan review fee is non-refundable 20%. The State of New Jersey training fee shall be collected at the rate in effect at the time of permit issuance per N.J.A.C.5: (b) and shall be rounded to the nearest whole dollar. (2) New Construction. The fee shall be based upon the volume of the structure. Volume computation shall be determined by N.J.A.C. 5: Use groups and types of construction as classified and defined in accordance with the provisions of the Code most recently adopted by the Township s Building Department in accordance with the Department of Community Affairs, Uniform Construction Code. New construction, all use groups (per cubic foot of volume): (1) Use Groups: All use groups with the exception of S-1 and S-2: ($0.027) per cubic foot of volume. (2) Use Groups: S-1 and S-2: ($0.016) per cubic foot of volume. (3) Minimum fee for Sub-section A(2)(1) and (2): one hundred dollars ($100.00). (4) Structures on farms used exclusively for the purpose of storage of food or grain or the sheltering of livestock: ($0.008) per cubic foot of volume. (5) Maximum fees for Sub-section A(2)(4): one thousand dollars ($ ) (6) Minimum fee for Sub-section A(2)(b)(4): one hundred dollars ($100.00) (3) Modular And Pre-Manufactured Building And Moving Houses. Modular and Pre-Manufactured Buildings and Moving Houses, basic unit set on footing and foundation. Fee is based on the estimated cost of work.

14 Jackson Township Committee Meeting Minutes April 26, 2004 Page 14 of 45 Refer to Subsection A(4)(1), (2) and (3) for fee per thousand; minimum fee: one hundred seventy-five dollars $ (4) Renovations, Alterations And Repairs, etc.: Fees shall be based on the estimated cost of work. (For the purpose of determining the estimated cost, the applicant shall submit to the Construction Official such cost data as may be available produced by an architect or engineer of record or by a recognized estimating firm or by the contractor. A bona fide contractor s bid may be required. The Construction Official shall make the final decision regarding the estimated cost.) (1) One dollar ($1.00) to fifty thousand dollars ($50,000.00) (per thousand): eighteen dollars ($18.00). (2) Fifty thousand one dollars ($50,001.00) to one hundred thousand dollars ($100,000.00) (per thousand) add fifteen dollars ($15.00). (3) Over one hundred thousand dollars ($100,000.00) (per thousand) add twelve dollars ($12.00). (4) Minimum fee: seventy-five dollars ($75.00). (b) For the combination of addition and renovation, etc., the sum of the fees shall be computed separately as additions and renovations. (5) Fences: Per linear foot: twenty cents ($0.20). (b) Minimum fee: seventy-five ($75.00). (c) No permit required for fences less than six (6) in height unless serving as a barrier surrounding swimming pools. (6) Wood Decks: Twenty cents $0.20 per square foot. (b) Minimum fee: seventy-five dollars ($75.00). (7) Bulkheads, Docks Retaining Walls: Per linear foot: seventy-five cents ($0.75). (b) Minimum fee: seventy-five dollars ($75.00). (8) Fireplaces And Masonry Chimneys, Wood Stoves And Chimneys: Minimum fee: seventy-five dollars ($75.00). (9) Installation Of Swimming Pools/Spas: The fee for an aboveground swimming pool shall be one hundred dollars ($100.00) for a pool with a surface area greater than 550 square feet; the fee for pools under 550 square feet shall be fifty dollars ($50.00).

15 Jackson Township Committee Meeting Minutes April 26, 2004 Page 15 of 45 (b) The fee for an in-ground swimming pool shall be one hundred fifty dollars ($150.00) for a pool with a surface area greater than 550 square feet; the fee for pools under 550 square feet shall be seventy-five dollars ($75.00). (c) Public/Commercial: three hundred dollars ($300.00). (10) Installation Of Temporary Structures And/Or Other Structures For Which Volume Cannot Be Computed: (b) No permit requirement for garden type utility sheds not exceeding one hundred (100) square feet in area and ten feet in height. Structures exceeding one hundred (100) square feet in area fee base on cubic foot of volume, refer to (A)(1)(2). (c) Minimum fee: seventy-five dollars ($75.00). (e) The fee for tents, in excess of 900 square feet or more than 30 feet in any dimension, shall be ninety-two dollars ($92.00). (11) Demolition Of Structure: (12) Signs: Use Group R less than two thousand (2000) square feet and thirty (30) feet high or less: one hundred dollars ($100.00) for each structure} (b) All others: two hundred dollars ($200.00) The fee for a permit to construct a sign shall be in the amount of $1.20 per square foot surface area of the sign, computed on one side only for double-faced signs. (b) Minimum fee: seventy-five dollars ($75.00). (13) Asbestos Removal: Asbestos Hazard Abatement per UCC 5:23 Sub-Chapter 8. Fees per Sub-Section 8.9 Administrative Fee seventy dollars ($70.00) for each permit issued and administrative fee fourteen dollars ($14.00) for each certificate payable to Treasurer, State of New Jersey / (b) Non-Friable Asbestos: per 5: Removal of Non-Friable Asbestos containing materials, minimum fee one hundred dollars ($100.00)] (b) The fee for a permit for lead hazard abatement work shall be $ The fee for a lead abatement clearance certificate shall be $28.00 (14) Tanks, Removal/Installation (each): Five hundred (500) gallons or less: one hundred dollars ($100.00). (b) Over five hundred (500) gallons: two hundred dollars ($200.00)] (15) Re-Roof Existing Structure:

16 Jackson Township Committee Meeting Minutes April 26, 2004 Page 16 of 45 The fee for roofing work completed on structures of Group R-3 or R-5 shall be forty-six dollars ($46.00). (16) Re-Siding Existing Structure: The fee for siding work completed on structures of Group R-3 0r R-5 shall be forty-six dollars ($46.00). B. PLUMBING SUB-CODE FEES SHALL BE: (1) Fixtures And Equipment: Each fixture, piece of equipment or appliance connected to the plumbing system and for each appliance connected to the gas piping or oil piping system, except as indicated in B(1)(b) below: ten dollars ($10.00) (b) Minimum fee: seventy-five dollars ($75.00) (2) The plumbing sub-code fee shall be ten dollars ($10.00) per fixture or stack fixtures to be installed. For the purpose of computing the fee, fixtures or stacks shall include, but not be limited to, all sinks, urinals, water closets, bathtubs, shower stalls, laundry tubs, floor drains, drinking fountains, dishwashers, garbage disposals, clothes washers, hot water heaters, or smaller devices. The minimum fee shall be seventy-five dollars ($75.00). In addition, the following sub-code fees shall be paid in connection with the issuance of permits for the following: Water Service: (1) The installation or replacement of a water service: sixty-five dollars ($65.00). (2) No fee will be charged for the installation of a second water meter for external use of an irrigation system. (b) Sewer Service: (1) The installation or replacement of a sewer service: sixty-five dollars ($65.00). (c) Lawn/Garden Sprinklers: (1) The attachment to lawn or garden sprinkler system to potable water system: sixty-five dollars ($65.00). (d) Special Devices: (1) Installation or replacement of special devices; grease traps oil separators, refrigeration units, steam boilers, hot water boilers, active solar systems, sewer pumps and interceptors. There shall be no fee charge for gas service entrances: seventy-five dollars ($75.00). (e) Gas fixtures: attachments for installation of a gas fixture or fixtures. (1) Each gas fixture: ten dollars ($10.00). (2) Minimum fee: seventy-five dollars ($75.00). (3) Propane tank placement: seventy-five dollars ($75.00).

17 Jackson Township Committee Meeting Minutes April 26, 2004 Page 17 of 45 (4) Propane underground piping: $25. (f) Hot Water Heaters: (1) Replacement of hot water heater: forty-five dollars ($45.00). (g) Septic Closure: (1) Residential: sixty-five dollars ($65.00) (Engineers Certification required). (2) Commercial: one hundred dollars ($100.00) Engineers Certification required). (h) Oil Fixtures: (1) Each Oil fixtures: ten dollars ($10.00) (2) Minimum fee: seventy-five dollars ($75.00) (3) Oil tank placement: seventy-five ($75.00). (4) Oil underground piping: twenty-five dollars ($25.00). C. ELECTRICAL SUB-CODE FEES SHALL BE: (1) Fixtures Or Receptacles: Receptacles and fixtures shall include lighting outlets, wall switches, electrical discharge fixtures, convenience receptacles or similar fixtures, and motors or devices of less than one horsepower or one kilowatt, burglar, fire, and communication devices, etc. Minimum fee: seventy-five dollars ($75.00). (b) One (1) thru twenty-five (25): seventy-five dollars ($75.00). (c) Each additional twenty-five (25): fifteen dollars ($15.00). (2) Motors Or Electrical Devices (each): 1 Horsepower to 10 Horsepower: fifteen dollars ($15.00). (b) (c) Greater than 10 Horsepower 50 Horsepower: fifty dollars ($50.00). Greater than 50 Horsepower 100 Horsepower: one hundred fifty dollars ($150.00). (7) Greater than 100 Horsepower 1000 Horsepower: two hundred twenty-five dollars ($225.00) (8) Greater than 1000 Horsepower: four hundred fifty dollars ($450.00). (3) Transformers And Generators (each): 1 Kilowatt to 10 Kilowatts: fifteen dollars ($15.00). (b) Greater than 10 Kilowatts 45 Kilowatts: fifty dollars ($50.00).

18 Jackson Township Committee Meeting Minutes April 26, 2004 Page 18 of 45 (c) Greater than 45 Kilowatts Kilowatts: one hundred fifty dollars ($150.00). (d) Greater than Kilowatts: four hundred fifty dollars ($450.00). (4) Service Panels, Service Entrance Or Sub-Panel (each): Amperes: Amperes: fifty dollars ($50.00). (b) Amperes: seventy-five dollars ($75.00). (c) Amperes: one hundred fifty dollars ($150.00). (d) Amperes: two hundred twenty five dollars ($225.00). (e) Greater than 1000 Amperes: four hundred fifty dollars ($450.00). (5) [Computing Fees:] (6) Signs: For the purpose of computing these fees, all motors except those in plug-in appliances shall be counted, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical current. Counted in Subsection C (1) and (2); fixtures and devices. (7) Satellite Dish: a. Each satellite dish: fifty dollars ($50.00) (8) Low Voltage System: Minimum fee: fifty dollars ($50.00) (b) 1 20 devices: fifty dollars ($50.00) (c) Each additional device: fifteen dollars ($15.00) (9) All township fees for permits and inspections associated with the installation of the second water meter under this section are hereby waived. Any fees collected for such permits and inspections since September 11, 2000, shall be refunded to the taxpayers. (10) The fee for the annual electrical inspection of swimming pools, spas or hot tubs shall be $ D. FIRE SUB-CODE FEES SHALL BE: (1) Installation of gas/oil/wood/coal/pellet fired appliances not associated with the Plumbing Code: The fee for each gas or oil fired appliance that is not connected to the plumbing system shall be forty-five dollars ($45.00). (b) Each commercial construction: seventy-five dollars ($75.00)

19 Jackson Township Committee Meeting Minutes April 26, 2004 Page 19 of 45 (c) (d) The fee for each incinerator shall be three hundred sixty-five dollars ($365.00). The fee for each crematorium shall be three hundred sixty-five dollars ($365.00). (2) Installation Of Residential (R-3 & R-4) Sprinkler Systems: Minimum fee: seventy-five dollars ($75.00). (3) Standpipes: Minimum fee: two hundred dollars ($200.00). (4) Installation Of Suppression Systems Other Than Sprinklers: CO2, Gas, Foam, Dry or Wet Chemical: Minimum fee: one hundred dollars ($100.00). (5) Installation Of Hood, Duct And Exhaust Systems. Minimum fee: one hundred dollars ($100.00). (6) Installation Of Smoke/Heat Detectors [Carbon Monoxide Detectors, Notification Or Initiating Devices] And/Or Sprinklers. (b) (c) (b) (c) (d) For single and multiple station smoke or heat detectors and fire alarm systems in any one or two-family dwellings, there shall be a flat fee of thirty dollars ($30.00) per dwelling unit. One (1) twenty (20) heads or devices: sixty-five dollars ($65.00). Twenty-one (21) one hundred (100) heads or devices: one hundred twenty dollars ($125.00). One hundred one (101) two hundred (200) heads or devices: one hundred fifty dollars ($150.00). one hundred twenty-nine dollars ($229.00). Two hundred one (201) four hundred (400) heads or devices: five hundred ninety-four dollars ($594.00). Four hundred one (401) one thousand (1,000) heads or devices: eight hundred twenty-two dollars ($822.00). (e) One thousand one (1001) one thousand five hundred (1500) heads or devices: one thousand fifty dollars ($ ). (d) One thousand five hundred one (1,501) two thousand (2000) heads or devices: one thousand five hundred ($1,500.00). (e) Over two thousand heads or devises: one hundred twenty-five dollars ($125.00) for each additional one hundred heads or devises (100). (7) Propane Tanks, Storage Tanks, Other Than New Construction Installation: [Dispensing Or Storage Tanks Other Than Residential. Minimum fee (commercial): one hundred dollars ($100.00). (8) Fire Pumps.

20 Jackson Township Committee Meeting Minutes April 26, 2004 Page 20 of 45 Minimum fee (each pump): one hundred dollars ($100.00). (9) Testing of Backflow Preventors: Required devices that isolate cross connections between the water supply and contaminants that are toxic are required to be tested annually. Where the backflow preventer is installed on a water service that is a dedicated fire line. Minimum fee: fifty dollars $50.00 (10) Minimum Permit Fees. Minimum fee (residential): seventy-five dollars ($75.00). (b) Minimum fee (commercial): one hundred dollars ($100.00) E. ELEVATOR INSPECTION FEE SHALL BE: (1) Elevator Inspection: All elevator inspection and testing fees shall be in accordance with those fees established and as amended from time to time under the New Jersey Administrative Code, Chapter 5: et seq. The fee for plan review for elevator devices in structures of Groups R-3, R-4, or R-5, and for elevator devices wholly within dwelling units in structures of Group R-2 shall be $50.00 for each. The fee for plan review for elevator devices in structures of Groups other than R-3, R-4, or R-5 and devices in structures of Group R-2 exempted by above shall be $ for each device. Fees for witnessing acceptance tests and performing inspections on new, and altered elevator devices shall be as follows: 1. The basic fees for elevator devices in structures not in Use Group R-3 or R-4, or in an exempted R-2 structure, shall be as follows: i. Traction and winding drum elevators: (1) One to ten floors $ (2) Over 10 floors $ ii. Hydraulic elevators $ iii. Roped hydraulic $ iv. Escalators, moving walks $ v. Dumbwaiters $ vi. Stairway chairlifts, inclined and vertical $ wheelchair lifts and man lifts 2. Additional charges for devices equipped with the following Features shall be as follows: i. Oil buffers (charge per oil buffer) $ ii. Counter weight governor and safeties $ iii. Auxiliary power generator $ 81.00

21 Jackson Township Committee Meeting Minutes April 26, 2004 Page 21 of The fee for elevator devices in structures in Use Group R-3 Or R-4, or otherwise exempt devices in R-2 structures, shall be $ This fee shall be waived when signed statements and supportive inspection and acceptance test reports are filed by an approved qualified agent or agency in accordance with N.J.A.C.5: and The fee for performing inspections of minor work shall be $ (c) The fees for routine and periodic tests and inspections for elevator devices in structures not in Use Group R-3 or R-4, or otherwise exempt devices in R-2 structures, shall be as follows: 1. The fee for the six month routine inspection of elevator devices shall be as follows: i. Traction and winding drum Elevators: (1) One to 10 floors $ (2) Over ten floors $ ii. Hydraulic elevators $ iii. Rope hydraulic elevators $ iv. Escalators, moving walks $ The fee for one year periodic inspection and witnessing of tests of elevator devices, which shall include a six month routine inspection, shall be as follows: i. Traction and winding drum elevators: (1) One to 10 floors $ (2) Over 10 floors $ ii. Hydraulic elevators $ iii. Rope hydraulic elevators $ iv. Escalators, moving walks $ v. Dumbwaiters $ vi. Man lifts, stairway chairlifts, inclined and $ vertical wheelchair lifts 3. Additional yearly periodic inspections charges for elevator devices equipped with the following features shall be as follows: i. Oil buffers (charge per oil buffer) $ ii. Counterweight governor and safeties $ iii. Auxiliary power generator $ The fee for the three year or five year inspection of elevator devices shall be as follows: i. Traction and winding drum elevators: (1) One to 10 floors (five year inspection) $ (2) Over 10 floors (five year inspection) $ ii. Hydraulic and rope hydraulic elevators: (1) Three-year inspection $ (2) Five-year inspection $ F. CERTIFICATE OF OCCUPANCY FEE SHALL BE: (1) Certificate Fee. Certificate of Occupancy

22 Jackson Township Committee Meeting Minutes April 26, 2004 Page 22 of 45 (1) Use groups R-3 and R-4 per unit: sixty dollars ($60.00). (2) Use groups R-1 and R-2 per unit: seventy-five dollars ($75.00). (3) All other use groups, per unit: one hundred fifty dollars ($150.00). (4) The fee for the issuance of a certificate of occupancy for one and two family dwellings shall be seventy-five dollars ($75.00) per building. In the event that such new construction consists of multiple family or condominiums containing more than one (1) unit each to be occupied separately, then each unit will require a separate inspection and an individual certificate of occupancy, the fee for which shall be seventy-five dollars ($75.00) per unit. The fee for commercial and industrial buildings shall be ten percent (10%) provided that the minimum fee in all cases shall be one hundred fifty dollars ($150.00). (b) Temporary Certificate of Occupancy Fee. (1) The fee for the issuance of a temporary certificate of occupancy for one and two family dwellings shall be twenty- five dollars ($25.00) per building. In the event that such new construction consists of multiple family or condominiums containing more than one (1) unit each to be occupied separately, then each unit will require a separate inspection and an individual temporary certificate of occupancy, the fee for which will be twenty-five dollars ($25.00) per unit. The fee for commercial and industrial buildings shall be thirty dollars ($30.00) per occupancy. (2) When the permit applicant chooses to pay the full Certificate of Occupancy fee at the time of the initial issuance of the Temporary Certificate of Occupancy, there shall be no Temporary Certificate of Occupancy fee for the initial issuance. If the TCO is renewed, a Temporary Certificate of Occupancy renewal fee will be charged, even when the Certificate of Occupancy fee has been paid in full. (3) Temporary Certificate of Occupancy fee and renewal fee shall be paid prior to the renewal of the T.C.O. (b) Residential Occupancies: twenty-five dollars ($25.00). Commercial Occupancies: thirty dollars ($30.00). (c) Continued Use Certificate. (1) All use groups with the exception of R-3 and R-5 one hundred fifty dollars ($150.00). (d) Change Of Use. (1) Refer to minimum fee for each Sub-Code Official, (Building, Electrical, Fire, Electrical and Elevator) per each unit.