AN ORDINANCE OF THE TOWNSHIP OF JACKSON, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER 244 OF THE TOWNSHIP CODE OF THE TOWNSHIP OF JACKSON, ENTITLED “LAND USE AND DEVELOPMENT REGULATIONS” AS TO AMEND §244-32 ENTITLED “PERFORMANCE, SAFETY AND STABILIZATION AND TEMPORARY CERTIFICATE OF OCCUPANCY GUARANTEES,” AND §244-34 ENTITLED, “APPROVAL OF PERFORMANCE GUARANTEES,”
NOW, THEREFORE, BE IT ORDAINED, by the governing body of the Township of
Jackson, County of Ocean, State of New Jersey, as follows:
SECTION 1.
- Performance guarantee.
(1) Requirements; form; rights.
(a) Improvements; cost.
[1] Prior to the filing of a final plat, recording of minor subdivision deeds, or as a condition of final site plan approval, or as a condition to the issuance of a zoning permit, the developer shall have filed with the Township Engineer a performance guarantee sufficient in amount to equal the total cost to the Township, as estimated by said Township Engineer, for installation of those on-site improvements required by an approval or developer’s agreement, ordinance or regulations to be dedicated to a public entity that have not yet been installed, including the following as shown on the approved plans or plat:
[a] Streets.
[b] Pavement.
[c] Gutters.
[d] Curbs.
[e] Sidewalks.
[f] Street lighting.
[g] Street trees.
[h] Surveyor’s monuments.
[i] Water mains.
[j] Sanitary sewers.
[k] Community septic systems.
[l] Drainage structures.
[m] Public improvements of open space.
[n] Any grading necessitated by the preceding improvements.
[o] Privately owned perimeter buffer landscaping; provided, however that a developer may choose to post a separate performance guarantee for the privately owned perimeter buffer landscaping.
(3) Township Clerk. Upon the receipt from the Township Attorney of the bond and certificates of the Engineer and Attorney, the Township Clerk shall:
(a) Collect from the applicant the proper fee or fees, if any, payable to the Township in accordance with the Engineer’s certificate.
(b) Place the matter of approval of bond(s) on the agenda of the next regular meeting of the Township Council for its consideration.
(c) Submit the bond, certificate and fees to the Township Council at the next regular meeting of said Council.
(d) Maintain all originals upon approval.
SECTION 3. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
SECTION 4. 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 5. This ordinance shall take effect after second reading and publication as required by law.
DATE:____________________________ ______________________________
MAYOR MICHAEL REINA
INTRODUCED: May 13, 2025
ADOPTED:
ATTEST: ______________________________
SANDRA F. MARTIN, RMC
MUNICIPAL CLERK, JACKSON TOWNSHIP
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 13th day of May, 2025, and will be considered for second reading and final passage at a regular meeting of the Township Council to be held on the 27th day of May, 2025, at 6:30 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.
____________________________
SANDRA MARTIN, RMC, CMR
Municipal Clerk, Jackson Township
