JACKSON – In an effort to preserve the environment and the quality of life for residents, the Sierra Club has extended a hand to Jackson officials in a planned appeal of an appellate court decision.
“Unfortunately, in the last year or two there have been a number of environmental miscues which bordered on environmental irresponsibility,” said Gregory Auriemma, chairman of the Ocean County Sierra Club, during the July 8 Township Council meeting. “However, Jackson in the past had certainly under Michael Kafton tried to initiate certain ordinances and procedures to stop having Jackson in the crosshairs of the overdevelopers.”
Auriemma said one of those ordinances required the developers of certain residential projects (10 or more houses) to provide recreational space within their developments.
The New Jersey Shore Builders Association challenged Jackson’s law and won their case at the Superior Court level and in the Appellate Division.
Auriemma asked if the council would bring an appeal to the state Supreme Court.
Kafton, who is now serving as the council president, said officials have decided to move forward with an appeal.
Auriemma praised that decision and said Jackson residents have borne the impact of development.
“The Sierra Club is in the process of joining hands with Jackson in terms of the petition that is (being placed) before the Supreme Court to challenge the decision of the Appellate Division,” he said.
For the benefit of people in the audience who were not familiar with the situation, Kafton explained that several years ago the governing body adopted an ordinance that required developers of 10 of more houses to pay a sum of money into a municipal recreation fund or to provide open space and recreational areas for that development.
The law has not passed judicial muster, although, Kafton said, “This is a very important ordinance for not only Jackson, but for the whole state of New Jersey.”
He noted that residents have to bear the costs of ongoing residential development (i.e., more children in schools and the need for additional recreation areas).
The council members voted to begin the process of appealing the case to the Supreme Court. A resolution is expected to be on the agenda at the next council meeting on July 22.
According to a June 24 article in the Press of Atlantic City, the Appellate Division ruled against Jackson and against Egg Harbor Township in a similar case, although the court said municipal officials could negotiate with builders for open space and recreational amenities in new developments.