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ORDINANCE 2013-05 Permission to Increase Dwelling Height

ADOPTED: MARCH 19, 2013

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER XIX OF THE BOROUGH CODE, ENTITLED “DEVELOPMENT,” TO AMEND THE LR, SF-2, SF-5, HR, RR-1, RR-2 & RR-3, LC ZONING DISTRICTS TO PERMIT INCREASED HEIGHT WHEN RAISING AN EXISTING SINGLE FAMILY RESIDENTAL DWELLING TO COMPLY WITH FLOOD ELEVATION REQUIREMENTS
IN THOSE ZONES UNDER CERTAIN CIRCUMSTANCES.


SECTION I. Chapter XIX of the Borough Code, entitled “Development,” shall be amended and supplemented by adding the following new subsections to section 19-8.6:

“19-8.6.6 Provisions applicable to raising single family dwellings to comply with Advisory Base Flood Elevations (hereinafter “ABFE”) and established Base Flood Elevations. (hereinafter “BFE”).

This sub-section shall only be applicable to single family dwellings that are conforming uses in the zone in which they are located and the single family dwelling must be located in the Special Flood Hazard Area (hereinafter “SFHA”) as depicted on the Flood Insurance Rate Map, or the Advisory Base Flood Elevation Map as issued by the Federal Emergency Management Agency (hereinafter “FEMA”).

a. Where an existing single family dwelling is to be raised in order to meet but not exceed the ABFE or BFE requirements including a one foot freeboard, whichever is more stringent, as required by the Flood Damage Prevention Code of the Borough of Point Pleasant Beach or the Flood Hazard Act requirements of the State of New Jersey, the existing dwelling shall be permitted to be raised a maximum of 10% over the allowable height limitation as provided for in the schedule of Zoning District Regulations applicable to the zone in which the dwelling is situate.

b. Where there is new construction of a single family dwelling, that dwelling shall comply with the allowable height limitation as provided for in the schedule of Zoning District Regulations applicable to the zone in which the dwelling will be situate.

c. Notwithstanding the provisions of subsection a. above, if as a result of raising the dwelling to the base flood elevation the stairs providing first floor ingress and egress to the dwelling have to be modified, the additional stairs may not exceed 6’ in width and may only encroach to the extent required to comply with the height requirements of the ABFE or the BFE. The stairs required to access the first floor of the dwelling, to the extent they comply with this subparagraph shall remain uncovered so as not to create a porch or deck and shall have no effect upon impervious or building coverage.

d. For any property that has received Zoning or Planning Board approval, but that has not yet been constructed, that property shall not be considered new construction.”

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. 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

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, in the County of Ocean, held on the 19th day of February 2013, was amended on March 5, 2013 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 19th day of March 2013 at 7:30 P.M. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place a person desiring to be heard will be given opportunity to be heard.


______________________________
Maryann Ellsworth, R.M.C
Municipal Clerk


Published February20, 2013 | New Ordinances | 1527


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