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ORDINANCE 2015-12 Amend Chapter XIX - Height

ADOPTED AS AMENDED: June 23, 2015
(Amendment is the effective date of August 1, 2015)

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
COUNTY OF OCEAN AND STATE OF NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER XIX OF THE BOROUGH CODE ENTITLED “DEVELOPMENT”
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WHEREAS, the Borough of Point Pleasant Beach, continues to rebuild from the devastation caused by Hurricane Sandy; and

WHEREAS, as part of that process it is desirable to rebuild in a safe and resilient manner; and

WHEREAS, the Borough of Point Pleasant Beach strongly supports reconstruction in compliance with FEMA regulations; and

WHEREAS, the Borough of Point Pleasant Beach recognizes the difficulty faced by residents attempting to reconstruct flood compliant structures while also complying with the Borough of Point Pleasant Beach’s zoning ordinance;

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 follows:

1. The Definition of Buildings Height shall be amended by adding the following:

Where a structure is in the Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA) and as illustrated on the Preliminary Flood Insurance Rate Map (P-FIRM) issued 1/30/2015 or its subsequent revisions then the building height shall be measured from the Base Flood Elevation (BFE) reflected on then current P-FIRM to the point as defined in paragraph 1.

SECTION II.

The Schedule of District Regulations is amended as follows:

1. Under the heading Building Height below “Feet” add:

(See Note 1)

2. At the end of the schedule add the following:

Note 1: For structures within the Special Flood Hazard Area where the zone normally allows building height of 35 feet, the allowable height when measured from BFE shall be 32.5 feet or 35 feet from curb grade whichever is less restrictive. For structures within a V-Zone as defined by FEMA the allowable height when measured from BFE shall be 35 feet.

3. Under the heading Resort Residential-1 (RR-1) Building Height:

delete 20 feet for all uses and insert 25 feet.

4. Under the heading Building Coverage (%) insert:

(See Note 2).

5. At the end of the schedule add the following:

Note 2: For structures within the Special Flood Hazard Area up to 1% increase in building coverage is permitted for decks and for stairs to access the building. Decks and stairs must be uncovered and open to permeable surfaces below.



SECTION III.

Section 19-11.17.1 is hereby amended to add the following:

Where a district permits only single story dwellings a half story, habitable attic shall be permitted.

SECTION IV.

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 V.

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

SECTION VI.

This Ordinance shall take effect on August 1, 2015, upon adoption and publication in the manner 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.A. 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.A. 40:49-2.1.

NOTICE
NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved 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 May, 2015, and adopted, as amended, at the regular meeting of said governing body on the 23rd day of June, 2015, at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey.

______________________________
EILEEN FARRELL, RMC
Municipal Clerk


Published May20, 2015 | New Ordinances | 2099


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