The following boards and commissions shall be established in
accordance with this chapter.
A.
Establishment. The Zoning Board of Adjustment, presently in existence
pursuant to N.J.S.A. 40:55D-1 et seq., is hereby continued. The Zoning
Board of Adjustment shall consist of seven regular members, who shall
be appointed by the Township Council. Members and alternate members
shall comply with the provisions of N.J.S.A. 40:55D-23.3 and 40:55D-23.4.
B.
Alternate members.
(1)
The Zoning Board of Adjustment shall not have more than two alternate
members, who shall be appointed by the Township Council. Alternate
members shall be designated at the time of appointment by the Township
Council as "Alternate No. 1" and "Alternate No. 2."
(2)
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
C.
Terms.
(1)
The members of the Board of Adjustment shall continue in office until
their respective terms expire.
(2)
The terms of the members first appointed under this section shall
be so determined that to the greatest practicable extent the expiration
of such terms shall be distributed, in the case of regular members,
evenly over the first four years after their appointment and, in the
case of alternate members, evenly over the first two years after their
appointment, provided that the initial term of a regular member shall
not exceed four years and that the initial term of an alternate member
shall not exceed two years. Thereafter, the term of each regular member
shall be four years, and the term of each alternate member shall be
two years.
(a)
Vacancies. A vacancy occurring otherwise than by expiration
of term shall be filled for the unexpired term only, as herein and
above provided.
(b)
Conflicts. No member of the Board of Adjustment shall be permitted
to act on any matter in which he or she has, either directly or indirectly,
any personal or financial interest. No member may hold elective office
or position under the Township.
(c)
Removal. A member may, after a public hearing if he or she requests
one, be removed by the Township Council for cause.
(d)
Organization of the Board of Adjustment. The Board of Adjustment
shall annually elect a Chairman and Vice Chairman from its members
and shall also select a Secretary who may or may not be a Board member
or another municipal employee.
(e)
Board of Adjustment Attorney. There is hereby created the position
of Attorney to the Zoning Board of Adjustment. The Zoning Board of
Adjustment may annually appoint and fix the compensation of or agree
upon the rate of compensation of the Zoning Board of Adjustment Attorney,
who shall be an attorney other than the Municipal Attorney.
(f)
Experts and staff. The Zoning Board of Adjustment may also employ
or contract for and fix the compensation of such experts and other
staff and services as it may deem necessary. The Board shall not authorize
expenditures which exceed, exclusive of gifts or grants, the amount
appropriated by the Township Council for its use.
(g)
Rules and regulations. The Board shall adopt such rules and
regulations as may be necessary to carry into effect the provisions
and purposes of this chapter.
A.
Creation. There is hereby created an Environmental Commission for
the protection, development or use of the natural resources within
the Township and to be known as the "Jackson Environmental Commission."
Said Commission is created pursuant to N.J.S.A. 40:56A-1 to 40:56A-5.
B.
Membership. The Commission shall consist of seven members appointed
by the Mayor, one of whom shall also be a member of the Planning Board
and all of whom shall be residents of the Township of Jackson. The
members shall serve without compensation. The Mayor shall annually
designate one of the members to serve as Chairman and presiding officer
of the Commission. The terms of office of each member shall commence
on January 1 of the year of appointment and shall be for a term of
three years, to expire on December 31 of the third year. A vacancy
occurring otherwise than by the expiration of the term shall be filled
for the unexpired term in the same manner as an original appointment.
[Amended 12-11-2012 by Ord. No. 23-12]
C.
Removal. The Mayor or governing body may remove any member of the
Commission for cause, on written charges served upon the member and
after a hearing thereon at which the member shall be entitled to be
heard in person or by counsel. A vacancy on the Commission occurring
otherwise than by expiration of a term shall be filled for the unexpired
term in the same manner as an original appointment.
D.
Alternate members. In addition to the regular members, the Environmental
Commission shall have two alternate members, designated as "Alternate
No. 1" and "Alternate No. 2." The terms of the alternate members shall
be for two years. A vacancy occurring otherwise than by the expiration
of the term shall be filled by the appointing authority for the unexpired
term only. The terms of alternate members shall commence on January
1 of the year of appointment and expire on June 30 of the second year.
[Amended 12-11-2012 by Ord. No. 23-12]
E.
Powers and duties. The Commission is established for the protection,
development or use of natural resources, including water resources,
located within the territorial limits of the Township of Jackson.
The Commission shall have power to conduct research into the use and
possible use of the open land areas of the Township and may coordinate
the activities of unofficial bodies organized for similar purposes
and may advertise, prepare, print and distribute books, maps, charts,
plans and pamphlets which, in its judgment, it deems necessary for
its purposes. It shall keep an index of all open areas, publicly or
privately owned, including open marshlands, swamps and other wetlands,
in order to obtain information on the proper use of such areas, and
may from time to time recommend to the Planning Board plans and programs
for inclusion in the Master Plan and the development and use of such
areas.
F.
Acquisition of property. The Environmental Commission may, subject
to the approval of the Township Council, acquire property, both real
and personal, in the name of the Township, by gift, purchase, grant,
bequest, devise or lease for any of its purposes and shall administer
the same for such purposes subject to the terms of the conveyance
or gift. Such an acquisition may be to acquire the fee or any lesser
interest, development right, easement (including conservation easement),
covenant or other contractual right (including a conveyance on conditions
or with limitations or reversions), as may be necessary to acquire,
maintain, improve, protect and limit the future use or otherwise conserve
and properly utilize open spaces and other lands and water areas in
the Township.
G.
Records and annual report. The Environmental Commission shall keep
records of its meetings and activities and shall make an annual report
to the Mayor and Township Council.
A.
Establishment. There is hereby created an Historic Preservation Commission
for the Township of Jackson.
B.
Class qualifications.
(1)
The Historic Preservation Commission shall consist of nine regular
members and two alternate members. There shall be two members each
of Class A and B, and five members of Class C. Class qualifications
shall be as follows:
(a)
Class A: a person who is knowledgeable in building design and
construction or architectural history and who may reside outside the
municipality.
(b)
Class B: a person who is knowledgeable or with a demonstrated
interest in local history and who may reside outside the municipality.
(c)
Class C: citizens of the municipality who shall hold no other
municipal office, position or employment, except for membership on
the Planning Board or Board of Adjustment.
(2)
Alternate members shall meet the qualifications of Class C members.
C.
Appointment of members; terms; vacancies. The Mayor shall appoint
all members of the Commission and shall designate at the time of appointment
the regular members by class and the alternate members as "Alternate
No. 1" and "Alternate No. 2." Commencing with the first appointments
to the Commission, three members shall be appointed for terms of one
year, three members shall be appointed for terms of two years, and
three members shall be appointed for terms of three years, Alternate
No. 1 shall be appointed for a term of two years, and Alternate No.
2 shall be appointed for a term of one year, and thereafter all regular
members shall be appointed for terms of four years, and all alternate
members shall be appointed for terms of two years. A member may be
appointed for additional terms.
A.
Organization of Municipal Utilities Authority; members; appointment;
compensation.
(1)
There is hereby continued a public body corporate and politic under
the name the Jackson Municipal Utilities Authority (hereinafter "JMUA").
Pursuant to N.J.S.A. 40:14B-4, the JMUA shall consist of five members
appointed by Township Council. Each member shall receive compensation
not to exceed $3,500 in any one year for services as a member of the
Authority; provided, however, that in the event that any member of
the Authority is or shall also be appointed an officer, agent or employee
of the Authority, then such member shall, in addition to such $3,500,
receive such compensation for such member's services as such officer,
agent or employee as the Authority may determine.
(2)
Terms of regular members. The members first appointed shall, by the
resolution of appointment, be designated to serve for terms respectively
expiring on the first days of the first, second, third, fourth and
fifth Februaries next ensuing after the date of their appointment.
On or after January 1 in each year after such first appointments,
one person shall be appointed as a member of the JMUA to serve for
a term commencing on February 1 in such year and expiring on February
1 in the fifth year after such year. In the event of a vacancy in
the membership of the JMUA occurring during an unexpired term of office,
a person shall be appointed as a member of the JMUA to serve for such
unexpired term.
(3)
Alternate member. Pursuant to N.J.S.A. 40:14B-4(e), only one alternate
member of the Municipal Utilities Authority is required. Said alternate
member shall be designated "Alternate No. 1" and shall serve in rotation
during the absence or disqualification of any regular member.
[Amended 1-27-2015 by Ord. No. 02-15]
(4)
Terms for alternate members. The term of each alternate member shall
be five years commencing on February 1 of the year of the appointment;
provided, however, that in the event two alternate members are appointed,
their initial terms shall be four and five years, respectively. The
terms of the first alternate members appointed pursuant to this chapter
shall commence on the day of their appointment and shall expire on
the fourth or fifth January 31 next ensuing after the date of their
appointments, as the case may be. Alternate members may participate
in discussions of the proceedings but may not vote except in the absence
or disqualification of a regular member of the Authority. A vote shall
not be delayed in order that a regular member may vote instead of
an alternate member. Said alternate members shall be compensated in
the same manner and amount as the regular members of the Authority.
B.
Powers and duties. The JMUA shall be vested with all powers, duties,
authority and obligations as delineated within N.J.S.A. 40:14B-1 et
seq.
A.
Establishment. The Planning Board, presently in existence pursuant
to N.J.S.A. 40:55D-1 et seq., is hereby continued, to consist of nine
members of the following four classes:
(1)
Class I: the Mayor or the Mayor's designee in the absence of the
Mayor.
(2)
Class II: one of the officials of the Township other than a member
of the Township Council, to be appointed by the Mayor, provided that
if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board
member if there are both a member of the Zoning Board of Adjustment
and a member of the Jackson Township Board of Education among the
Class IV members or alternate members.
(3)
Class III: a member of the Township Council, to be appointed by it.
(4)
Class IV: six other citizens of the Township of Jackson, to be appointed
by the Mayor. The members of Class IV shall hold no other municipal
office, position or employment, except that one member may be a member
of the Zoning Board of Adjustment, and one may be a member of the
Jackson Township Board of Education. A member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless
there are among the Class IV members of the Planning Board both a
member of the Zoning Board of Adjustment and a member of the Board
of Education, in which case the member of the Environmental Commission
shall be deemed to be the Class II member of the Planning Board.
B.
Terms.
(1)
The term of the member composing Class I shall correspond with his
or her official tenure or if the member is the Mayor's designee in
the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure. The terms of the
members composing Class II and Class III shall be for one year or
terminate at the completion of their respective terms of office, whichever
occurs first, except for a Class II member who is also a member of
the Environmental Commission. The term of a Class II or a Class IV
member who is also a member of the Environmental Commission shall
be for three years or terminate at the completion of his term of office
as a member of the Environmental Commission, whichever comes first.
(2)
The term of a Class IV member who is also a member of the Zoning
Board of Adjustment or the Jackson Township Board of Education shall
terminate whenever he or she is no longer a member of such other body
or at the completion of his Class IV term, whichever occurs first.
(3)
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined that, to the greatest extent practicable,
the expiration of such terms shall be evenly distributed over the
first four years after their appointment, provided, however, that
no term of any member shall exceed four years, and further provided
that nothing herein shall affect the terms of any present members
of the Planning Board, all of whom shall continue in office until
the completion of the terms for which they were appointed. Thereafter,
all Class IV members shall be appointed for terms of four years, except
as otherwise herein provided. All terms shall run from January 1 of
the year in which the appointment was made.
[Amended 12-11-2012 by Ord. No. 23-12]
C.
Alternate members.
(1)
There are hereby authorized two alternate members of the Planning
Board, who shall be appointed by the Mayor for Class IV members and
shall meet the qualifications of Class IV members. The alternate members
shall be designated at the time of appointment by the Mayor as "Alternate
No. 1" and "Alternate No. 2."
(2)
The alternate members shall serve for terms of two years, terminating
as of June 30 of the year next following appointment; provided, however,
that in the event two alternate members are appointed initially, their
initial terms shall terminate as of June 30 of the year next following
appointment, respectively. A vacancy occurring otherwise than by expiration
of term shall be filled by the Mayor for the unexpired term only.
The alternate members may participate in discussions of the proceedings
but may not vote, except in the absence or disqualification of a regular
member of any Class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
D.
All members and alternate members of the Planning Board shall comply
with the provisions of N.J.S.A. 40:55D-23.3 and 40:55D-23.4.
E.
Vacancies. If a vacancy of any class shall occur otherwise than by
expiration of the Planning Board term, it shall be filled by appointment,
as above provided, for the unexpired term.
F.
Conflicts. No member of the Planning Board shall be permitted to
act on any matter in which he or she has, either directly or indirectly,
any personal or financial interest.
G.
Removal. Any member other than a Class I member, after a public hearing
if he or she requests one, may be removed by the Township Council
for cause.
H.
Organization of the Planning Board. The Planning Board shall annually
elect a Chairman and Vice Chairman from the members of Class IV and
select a Secretary and Assistant Secretary, who may be either a member
of the Planning Board or a municipal employee designated by it.
I.
Planning Board Attorney. There is hereby created the position of
Planning Board Attorney. The Planning Board may annually appoint and
fix the compensation of or agree upon the rate of compensation of
the Planning Board Attorney, who shall be an attorney other than the
Municipal Attorney.
J.
Experts and staff. The Planning Board may also employ or contract
for the services of experts and other staff and services as it may
deem necessary. The Planning Board shall not exceed, however, exclusive
of gifts or grants, the amount appropriated by the Township Council
for its use.
K.
Rules and regulations. The Planning Board shall adopt such rules
and regulations as may be necessary to carry into effect the provisions
and purposes of this section. In the issuance of subpoenas, administration
of oaths and taking of testimony, the provisions of the County and
Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall
apply.
A.
There is hereby created an Apartment and Mobile Home Park Rent Leveling Board within the Township of Jackson pursuant to the police power within N.J.S.A. 40:48-2. The Board shall consist of nine members and three alternate members who shall serve in the event of absence or disqualification of a regular member. The members of the Board and the alternate members shall be appointed by the Mayor, with the advice and consent of the Township Council, and their terms of office shall be for a period of three years each, commencing on January 1 of the year in which they are appointed. Each member shall serve without compensation. Each member shall be a resident of the Township. One member and one alternate member shall be a tenant of a mobile home park, and one member and one alternate member shall be a tenant of a housing or rental unit, as that term is defined in Chapter 334.
[Amended 10-13-2009 by Ord. No. 31-09; 3-9-2010 by Ord. No. 05-10]
C.
Any professional services required by the Rent Leveling Board shall
be performed under professional services agreements by professionals
appointed by the Mayor with the advice and consent of Township Council.
A.
The regulation, planting, care and control of shade and ornamental
trees and shrubbery upon and in the streets, highways, public places
and parks and parkways of the Township of Jackson, except state highways,
unless the Department of Transportation shall assent thereto, and
except county highways, parks and parkways, if the Pinelands Commission
or a County Shade Tree Commission is operative and gives assent to,
shall be exercised by and under the authority of Jackson Township
Shade Tree Commission, which is hereby created. The Commission shall
consist of seven members and two alternate members. The members and
alternate members shall be appointed by the Mayor, shall be residents
of this municipality and shall serve without compensation except as
hereinafter provided.
B.
First Commission: subsequent Commissions; terms.
(1)
Pursuant to the provisions of N.J.S.A. 40:69A-207, the Shade Tree
Commission as previously established shall continue and the terms
of the Commissioners shall continue. The terms of each appointee shall
be designated in his appointment. All subsequent appointments, except
to fill vacancies, shall be for the full term of five years, to take
effect on January 1 next succeeding such appointment. In event that
the membership of the Commission is increased, the new members shall
be appointed in such manner that the terms shall expire in accordance
with the provisions of N.J.S.A. 40:64-1 et seq.
(2)
The terms of each alternate member shall be five years commencing
on January 1 of the year of appointment; provided, however, that in
the event two alternate members are appointed, the initial term of
Alternate No. 1 shall be five years, and the initial term of Alternate
No. 2 shall be four years.
(3)
An alternate member may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member.
C.
Organization; salaries of officers and employees. The Commission
shall organize within 30 days after the appointment of its total membership
for the remainder of the then calendar year, and thereafter annually
by the election of one of its members as Chairman and the appointment
of a Secretary, who need not be a member. The salary of the Secretary,
who may be compensated even if a member of the Commission shall be
fixed by the Mayor and Township Council, the salary of all other employees
shall be fixed by the Commission, with the approval of the Mayor,
within the range as established by the Township Council. All salaries
shall be fixed as nearly as practicable in accordance with the salary
schedule, if any, of the municipality for corresponding positions.
D.
Vacancies. Any vacancy occurring by reason of the death, resignation
or removal of any Commissioner shall be filled for the unexpired term
by another appointee of the Mayor.
