JACKSON – Jackson Trails LLC has joined the New Jersey Builders Association and the Shore Builders Association of Central New Jersey in a civil action against Jackson Township.
Jackson Trails was a development application that came before the Jackson Planning Board in 2019.
The applicant sought, but did not receive, municipal approval to construct 459 residential units (367 market rate homes and 92 affordable housing units in multiple buildings) and a house of worship on South Hope Chapel Road.
On June 11, a complaint was filed in state Superior Court by the New Jersey Builders Association and the Shore Builders Association of Central New Jersey.
The complaint focuses on an ordinance that was adopted by the Township Council on April 28 and added a chapter to the municipal code, “Soil/Fill Importation Permit.”
The complaint cites the ordinance stating that its purpose is to “manage the importation and deposition of soil/fill to protect the safety, public health and general welfare of the community and the environment.”
The complaint claims the April 28 council meeting failed to comply with the New Jersey Open Public Meetings Act because it was conducted via zoom conference call due to the coronavirus pandemic. The complaint alleges the the public notice in advance of the meeting was insufficient.
The complaint also claims the council’s adoption of the ordinance was an arbitrary, capricious and unreasonable action that violates the Municipal Land Use Law.
Other claims involve an alleged violation of Jackson’s constitutional affordable housing obligation, unauthorized and excessive fee provisions, and baseless and unauthorized bond requirements.
On June 12, Jackson Trails LLC joined the lawsuit.
Asked to comment, Township Council President Alex Sauickie said the ordinance in question requires a developer to prove that soil fill (soil or soil mixed with other ingredients) that may be used in a project is clean.
“The (developer) has to show the town they sourced (the material) appropriately; that they got it from a … regulated soil provider; which ultimately tells us the soil is clean,” Sauickie said.
The councilman said he was surprised to learn such a law was not already in place in the township.
“What brought attention to (the issue of soil) was that the state Department of Environmental Protection (DEP) presented the template for the ordinance at the 2019 League of Municipalities meeting,” Sauickie said.
Jackson is not the only municipality to use the DEP template for the ordinance.
“Given how much we want to protect the environment of Jackson, it seemed like an absolutely natural ordinance we would want to have in effect in Jackson,” Sauickie said.
He said a representative of one entity that has become a plaintiff in the lawsuit spoke during the public hearing prior to the adoption of the ordinance and asked the council members to table the ordinance.
“(That representative) stated for the record that their union was working with the DEP to make adjustments to (the ordinance template).
“I stated at that meeting, on the record, that we were happy to hear that and if the DEP did make changes to its own template, the one we were using, we would be happy to entertain any of those changes, but we weren’t going to (delay action) on something theoretical,” Sauickie said.
The councilman said a DEP representative reviewed Jackson’s ordinance prior to its adoption and determined the legislation looked good.
“If a developer wants to argue with the township about why they think they should bring massive amounts of soil and fill into town, unchecked, we will have that argument all day,” Sauickie said.
He said council members were developing the soil ordinance as early as October 2019, ahead of any specific Planning Board application, including Jackson Trails.
