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ORDINANCE 2014-06 Amend Zoning Ordinance - Definition of Story

ADOPTED: February 18, 2014

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN AND STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING SECTION 19-7 et. seq. AND SECTION 19.8.4 OF CHAPTER XIX OF THE BOROUGH CODE, ENTITLED “DEVELOPMENT”, AMENDING AND REVISING THE DEFINITIONS AND DESCRIPTIONS AND THE PROVISIONS APPLICABLE FOR ALL ZONING DISTRICTS

WHEREAS, the Governing Body of the Borough of Point Pleasant Beach (hereinafter “Borough”) is mindful of its Land Use ordinances; and
WHEREAS, the Borough acknowledges certain problems associated with residential properties located within the flood hazard areas of Point Pleasant Beach; and
WHEREAS, the Borough has recently made modifications to its land use ordinances promulgated by the State of New Jersey; and
WHEREAS, the Borough recognizes that many houses located within the flood hazard areas will need to either be elevated or newly constructed at an increased elevation to comply with new Flood Damage Prevention Code; and
WHEREAS, there exists a potential discrepancy as to how certain residential houses may utilize area located beneath the base flood elevation requirements;
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey, as follows:
SECTION I:
SECTION 19-7.1, entitled “Definitions” shall be revised and amended as to the term “Story” by deleting the last sentence of the existing definition as provided in Ordinance 2010-46 and by adding the following language to the existing definition:
“For structures located within the flood hazard areas of Point Pleasant Beach, and governed by Sections 19.10 et seq, area located above ground but below the lowest floor, as described and detailed in Sections 19.10 et seq, and utilized for garage and storage purposes, shall not constitute a story. Accordingly, these areas may not be used as a habitable floor in order to be exempt from being considered a story as well as to be in compliance with additional requirements of 19-10 et seq.”
SECTION II:
SECTION 19-8.4, entitled “Provisions Applicable for All Zoning Districts” shall be revised and amended to add the following language
“b. Where the finished floor will be constructed over three feet above the adjoining exterior grade the following shall be provided:
1. Foundation plantings designed to screen the front foundation block or
2. Foundation shall be of decorative facing or
3. Chosen house siding shall be constructed to within three feet of the adjoining grade”
SECTION III:
This Ordinance shall be subject to review and recommendation by the Borough Planning Board in accordance with N.J.S.A. 40:55D-26.
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:
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 VI:
This Ordinance shall take effect immediately upon its final passage and publication as required by law.
SECTION VII:
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 28th day of January 2014 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 February 2014 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 an opportunity to be so heard.


_______________________________________
MARYANN ELLSWORTH, R. M. C.
Municipal Clerk


Published January30, 2014 | New Ordinances | 1772


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