JACKSON — Municipal officials will not make changes to Jackson’s zoning laws based on the recent adoption of an ordinance in Brick Township.
That was the answer delivered by the Township Council to a group of residents during the May 13 meeting of the governing body.
The issue residents sought to address concerns an application that is before the Jackson Zoning Board of Adjustment. In that case, an applicant is seeking a variance in order to construct a high school for Orthodox Jewish girls in a residential zone on Cross Street.
Some residents have objected to the proposal, which is expected to return before the zoning board in June.
Recently, the Township Council in Brick Township adopted an ordinance that establishes public schools and private schools as conditional uses, rather than permitted uses, in a variety of zones throughout that municipality.
Some residents of Jackson encouraged council members to follow suit.
“I know of other townships that are tightening up their regulations that are making it tougher … we just seem to be the only town [to do nothing],” Raymond Cattonar said.
Municipal officials said they cannot discuss an application that is pending before the zoning board.
Township Attorney Jean Cipriani said she did not believe the Brick Township ordinance will be effective in what it is setting out to do.
“It is my opinion there are significant problems with [the Brick Township] ordinance,” Cipriani said.
Officials have said Jackson already has strong provisions in place that dictate where certain projects, specifically new schools, are allowed in town.
Although residents have disagreed with that assessment for weeks, council President Robert Nixon said the township code is effective.
“I think the important takeaway by way of comparison is that our ordinances are actually stronger in defining places where schools can and cannot go,” Nixon said.
According to Cipriani, Jackson already has an ordinance in place that “allows schools, public and private, in certain zones and prohibits them in other zones.”
Brick Township’s attempt to make public schools and private schools a conditional use in certain zones creates a new set of problems, Cipriani said.
“The difficulty that arises in this situation regarding what I believe Brick Township was trying to do … is that one of the things in the law is that public schools are exempt from bulk requirements,” the attorney said.
“To have a conditional use for a public school is not necessarily meaningful because either it is always a permitted use … or it is not a permitted use because that whole thing does not apply,” Cipriani said.
Bulk requirements when it comes to land use and zoning include setback requirements, minimum lot size requirements and other criteria for conditional uses.
By law, in the event that an application meets all requirements set for a conditional use, it does not need to go before the zoning board.
Since public schools are exempt from the very criteria that make conditional uses possible, Cipriani said the question then turns to private schools, of which the proposed
Oros Bais Yaakov high school would be one.
“There is another aspect of the law that says you cannot treat a private school differently from a public school,” Cipriani said. “What you have is a situation where schools are only allowed as a conditional use and public schools are always exempt from bulk requirements — then either the private school is always exempt … or you are discriminating against the nonpublic school and the ordinance could fail on that basis.”
Councilman Kenneth Bressi said the Brick Township ordinance could ultimately be seen as a moot point due to existing land use law.
“No matter what a township writes, you cannot deny an applicant the right to apply for a variance before the zoning board,” Bressi said.
The next zoning board meeting at which the Oros Bais Yaakov high school application will be heard is scheduled for 7:30 p.m. June 18 at Jackson Memorial High School.
Contact Andrew Martins at [email protected].