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ORDINANCE 2012-37 Reconstruction of Singe Family Residential Housing Units



WHEREAS, the Governing Body of the Borough of Point Pleasant Beach is aware of the continuing need to evaluate the state of redevelopment of the Borough after the devastation suffered during the October 29, 2012 Sandy storm, and further damaged by storm Athena (the “storms); and
WHEREAS, the Governing Body has determined that the Borough’s housing stock be restored in manner that will make the Borough better prepared for future storms but at the same time ensuring that the efficient re-construction of the Borough’s single family residential housing units; and
WHEREAS, as part of that evaluation the Governing Body has determined that there is a need to remove certain restrictions for those desirous to re-construct single family residential housing units in the Borough when those units have suffered complete destruction as defined herein; and
WHEREAS, provided such reconstruction is compliant and meets with all current construction requirements as promulgated by the Federal Emergency Management Agency (FEMA), the New Jersey Department of Environmental Protection (NJDEP), the Uniform Construction Code (UCC), the Flood Damage Prevention Ordinance of the Borough of Point Pleasant Beach and all other applicable rules and regulations related to safety and construction, the Governing Body believes it is in the best interests of the Borough to permit such compliant reconstruction within the footprint of the completely destroyed residential dwelling unit;
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Point Pleasant Beach, County of Ocean, State of New Jersey, as follows:
SECTION I. Chapter XIX of the Borough Code, entitled “Development,” shall be amended and supplemented by adding the following:
“19-8.5 Provisions applicable to the LR, SF-2, SF-5, HR, RR-1, RR-2 & RR-3, LC zoning districts”

19-8.5.1 Restoration.
A. For any nonconforming single family dwelling located within the LR, SF-2, SF-5, HR, RR-1, RR-2 & RR-3, LC ZONING DISTRICTS (said zoning districts to be defined hereinafter as “residential zoning districts”) of the Borough that shall have been destroyed by reason of flood, windstorm, fire, explosion or act of God or otherwise to an extent of more than partial destruction as provided for in N.J.S.A. 40:55D-68, and such destruction shall have been deemed complete destruction, for the period permitted by this Ordinance, such nonconforming single family dwelling located within a residential zoning district of the Borough may be rebuilt, restored or repaired, provided such building or structure is rebuilt, restored or repaired within the existing dwelling’s footprint, does not exceed the height, area and bulk footprint such as setbacks of the original building or structure, and such rebuilding, restoration or repair is otherwise in conformity with the regulations of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Construction Official.
B. Any nonconforming single family dwelling which has been damaged by fire, explosion, flood, windstorm or act of God shall be examined by the following two people:
(1) The Construction Code Official.
(2) The owner or an architect or engineer selected by the owner.
C. If, in the opinion of the majority of the above people, the value of repairing the condition is 50% or greater of the total market value of replacing the entire structure, it shall be considered destroyed and may be rebuilt to the original specifications only as provided by section (A) herein; meaning by way of example but not limitation, that any reconstruction shall be subject to current regulations promulgated by FEMA and other applicable regulatory authorities.
D. Where the value of repairing the condition is determined to be less than 50% of the value of replacing the entire structure, the nonconforming single family dwelling may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure.
E. The percent damaged shall be the current replacement costs of the portion damaged, computed as a percentage of the current replacement cost of the entire structure, and shall not include the cost of the foundation unless the foundation is damaged or condemned.
F. Notwithstanding the provisions of subsection A. above, if as a result of raising the dwelling to the base flood elevation the stairs providing ingress and egress to the dwelling have to be modified, the additional stairs may not exceed 6’ in width and may not exceed an additional 2’ encroachment. The stairs must also remain uncovered so as not to create a porch or deck and shall effect upon impervious or building coverage.
G. Notwithstanding the provisions of subsection A. above, for all zones governed by this ordinance that provide for a maximum building height of 20’, if as a result of raising the dwelling to the base flood elevation the height of the dwelling is altered, such dwelling may be raised to a maximum 22’ in height as measured by the curb grade of the improved street on which it fronts at the mid-point of the lot.
19-8.5.2. Reversion.
No nonconforming use shall, if once changed to a conforming use, be changed back again to a nonconforming use.
19-8.5.3. Alterations and repairs.
In the zones governed by this ordinance, a nonconforming single family dwelling that having damage of less than 50% may be altered and repaired, but not enlarged or extended, during the term of this ordinance, unless said dwelling is changed to a single family dwelling conforming to the requirements of this chapter.
19-8.5.4. Prior approved construction.
Nothing herein contained shall require any change in the plans, construction or designated use of a building or structure for which a building permit has been heretofore issued and substantial construction has taken place prior to the date of the adoption of this chapter.
19-8.5.5. District boundary changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this chapter shall also apply to any nonconforming single family dwellings.”

SECTION II. All ordinances or parts thereof which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of their inconsistencies.
SECTION III. In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.
SECTION IV. This Ordinance shall take effect immediately upon its final passage and publication as required by law.
SECTION V. This ordinance shall no longer be effective or apply and shall be repealed in its entirety on December 31, 2014, unless such date of repeal is further extended by ordinance of the Governing Body.
SECTION VI. The Borough Clerk is hereby directed, upon adoption of the Ordinance after public hearing thereon, to publish notice of the passage thereof and to file a copy of this Ordinance as finally adopted with the Ocean County Planning Board as required by N.J.S.40:55D-16. The Clerk shall also forthwith transmit a copy of this Ordinance after final passage to the Borough Tax Assessor if required by N.J.S. 40:49-2.1.

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey, held on the 27th day of November 2012 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 18th day of December 2012 at 7:00 P.M. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place any person desiring to be heard will be given opportunity to be heard.

Maryann Ellsworth, R.M.C.
Municipal Clerk

Published December11, 2012 | New Ordinances | 1487

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