JACKSON – As part of a settlement, the Township Council approved two ordinances that will change the way houses of worship and other religious zoning will be handled.
The ordinances allow for the establishment of houses of worship, eruvs, and mikvahs in all neighborhoods, lifting previous prohibitions. The ordinances will permit shuls in some residential neighborhoods and allow religious institutions, dormitories, mikvahs and multi-family housing for faculty and their families along many of the township’s main roads.
Both ordinances were part of a multiple lawsuit settlement that involved the township having been accused of restrictive zoning decisions that the Department of Justice (DOJ) found to be discriminatory toward Jackson’s growing Orthodox Jewish population.
Attorney Brent Pohlman, who was hired by Jackson to address the township’s Religious Land Use and Institutionalized Persons Act (RLUIPA) lawsuits explained why the ordinances were necessary. RLUIPA is a federal law that protects religious assemblies and institutions from discrimination in zoning and landmarking laws.
The attorney explained, “these ordinances represent the effectuation of the final terms of the settlement agreements reached in the litigation with the Department of Justice, the New Jersey Attorney General’s Office and a private action by Agudah (Israel of America) plaintiffs.”
Residents were given opportunities to speak about the ordinances. (Photo by Bob Vosseller)
Polhman added, the ordinances involved in settling the various lawsuits “have been finalized and are no longer up for debate. Those agreements are final. The public hearing will consist of comments on the specific ordinances.”
The attorney made it clear that while there were professionals present to explain technical information about the standards of the ordinances, the hearing was not meant for any debate on “the merit of those standards” and that the professionals and members of council could not entertain “hypothetical questions about potential applications.”
“The reason for this is simple. This is a public hearing in which a formal record is being created. Should there be any comments or opinions regarding hypothetical or potential applications those comments could be used by an unsuccessful applicant before one of our land use boards going forward in the future regarding the interpretation of these ordinances and would be admissible in a court of law because this is a public hearing creating a public record,” he added.
Pohlman also explained that there were two ordinances on the agenda because the township has both Pinelands and non-Pinelands properties. “Changes to zones located in the Pinelands areas are subject to Pinelands Commission review prior to be being implemented. It is the policy of the Pinelands Commission that it will not review an ordinance until after it has been adopted by the municipality.”
“These ordinances conclude almost 10 years of litigation,” Pohlman said. “The lawsuits and actions that gave rise to them came long before the election of the members of this governing body and the appointment of this administration.”
The Agudah lawsuit was filed in 2017 while the DOJ lawsuit followed in 2020. Jackson was ordered to pay $575,000 in penalties and restitution as part of the settlement and according to a recent consent order filed in U.S. District Court, the township will have to pay $2.2 million in legal fees to the Agudah and a local developer which will go toward the group’s legal fees.
“It is an undisputed fact that this governing body and this administration did not take any action or any omission that gave rise to these lawsuits and the potential liability,” Pohlman said. He stressed that the ordinances that gave rise to the lawsuits “were drafted, introduced, and voted upon by individuals who are no longer a part of the township’s government.”
He added though that he felt those officials “didn’t have a discriminatory bone in their bodies.” He put the blame on residents who voiced comments during various public meetings. This, he said, fueled the basis of the argument there was a bias against a religious community and left the township vulnerable to lawsuits.
The attorney went on to say that there were organized citizen groups that contributed to the problem. “It can be said with certainty that these groups – that are still spreading misinformation – are one of the reasons Jackson has been inundated with lawsuits and why this settlement is actually necessary in the first place.”
Council members Jennifer Kuhn and Nino Borelli addressed the changes. (Photo by Bob Vosseller)
A four-page handout was distributed to attendees by citizens critical of the ordinances. That literature stated ordinances 30-23 and 31-23 went far beyond the consent orders and also criticized Mayor Michael Reina, who was not present at the meeting, stating “his actions are clearly written in the attorney General’s complaint.”
Other accusations included in the literature and also voiced by residents during the public hearing, accused Councilman Mordechai Burnstein and Councilwoman Jennifer Kuhn of having a conflict of interest and that they should not be allowed to vote. Township Attorney Greg McGuckin stated during the meeting that this was not true.
Resident Randy Bergmann disagreed with McGuckin’s position on there being no conflict of interest. “Is this something you have taken seriously and looked at?”
McGuckin said he reviewed the local government ethics law “and I heard the allegations raised this evening, they have been raised previously. There is no personal direct or indirect financial interest by him or Councilwoman Kuhn (due to her being a realtor) with respect to these ordinances.”
Pohlman said those groups opposing these ordinances, “should look at themselves because the years of litigation are tied to the actions that took place back in 2017. The township was sued by the Department of Justice, New Jersey Attorney General and a private action plaintiff and because of those comments the township’s defenses were weakened.”
“These ordinances were drafted to be constitutionally compliant. The ordinances treat secular and non-secular uses the same as the United States Constitution requires,” Pohlman said.
Township Planner Ernie Peters said that in July “the town Planning Board amended and updated the master plan to address these litigation matters. In October, the governing body introduced on first reading these ordinances which were referred to the township Planning Board for review of consistency with the master plan.”
He said the Planning Board reviewed and approved the ordinances and sent them back to the governing body this month which led to the public hearing of the ordinances.
Ashton Jones who works with Peters’ office at Remington and Vernick Engineers then read the various zones in the township where various uses will be permitted.
Lisa Young was one of the many residents who spoke during the night. “I moved in over 25 years ago. My husband and I raised our three children here. I do see some unfairness going on. People come out, they voice their opinions on what they think is fair and what isn’t and things just keep getting passed.”
She asked how many of the houses of worship would be allowed to have dormitories “which would cause an impact upon the township with the traffic?”
Pohlman responded saying it was only schools that would be permitted to have dormitories. “Dormitories are only allowed in a limited number of zones – so not everywhere where schools are permitted are dormitories permitted,” he added.
The vote on the two ordinances were not unanimous. The ordinance that pertained to the 100 square miles that were not part of the Pinelands section of the township passed in a three to two vote with Councilmembers Scott Sargent, Burnstein and Kuhn voting in favor of it while Council President Steven Chisholm and Council Vice President Nino Borelli voted against it.
The ordinance pertaining to the Pinelands regulations went 3-1-1 with Borelli voting no, Chisholm abstaining and Kuhn, Burnstein and Sargent voting for it.
There was a large crowd at the Jackson Liberty High School auditorium to hear about the ordinances. (Photo by Bob Vosseller)
Borelli said his no votes on both ordinances “are based solely on concerns for our entire town becoming overbuilt and overdeveloped as the ordinances are currently written. These ordinances will pave the way to major development along the town’s many residential roads and highways and will dramatically transform Jackson’s rural and suburban landscape.”
“Like so many residents I hear from including tonight about overdevelopment and high-density development which we have seen in other municipalities. Residents should always have a say on their land use process and what is being built next or near to them and the impact it could have on their surrounding area,” he added.
The councilman said, “we are talking about major land use changes to our town being presented in these two ordinances. We can’t prohibit development but we can try to limit it. These ordinances go beyond what was required in the settlement.”
The Township Council attempted to adopt these ordinances during a meeting on December 5. However, approximately 150 to 175 people came out to that meeting and the maximum occupancy of the room was said to be around 125. The fire marshal advised the Council to stop the meeting and reschedule and relocate it to a larger venue. The five-hour meeting was held at the Jackson Liberty High School auditorium.
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