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ORDINANCE 2013-10 Reconstruction of Single-Family Residential Units

ADOPTED: March 19, 2013

ORDINANCE 2013-10

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 ORDINANCE 2012-37 ENTITLED RECONSTRUCTION OF
SINGLE 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 approved Ordinance 2012-37 on December 18 2012, but has come to learn there are minor adjustments to the Ordinance that ought to be made;

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. Any citation to new section 19-8.5 shall be amended to create new section 19-8.6 and any subsequent subparagraphs as a section 19-8.5 already exists within the Borough Code.

SECTION II. Subparagraph 19-8-6 (F) shall be stricken and replaced to provide as follows:

“F. 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.”

SECTION III. A new subparagraph (H) shall provide as follows:

“H. Notwithstanding the requirements of section 19-13.2 f. 2. to the contrary, for any nonconforming single family dwelling governed by the terms of this section, and that building or structure has been destroyed as provided for in section 19-8.6.1, the dwelling may be reconstructed in compliance with the provisions outlined in section 19-8.6.1.”

SECTION IV. All ordinances or parts thereof which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of their inconsistencies.

SECTION V. All provisions of Ordinance 2012-37 not specifically amended herein shall remain in full force and effect.

SECTION VI. 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 VII. This Ordinance shall take effect immediately upon its final passage and publication as required by law.

SECTION VIII. 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 IX. 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, County of Ocean and State of New Jersey, held on the 5th day of March 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 any person desiring to be heard will be given opportunity to be heard.



______________________________
Maryann Ellsworth, R.M.C.
Municipal Clerk


Published March16, 2013 | New Ordinances | 1542


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