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ORDINANCE 2015-17 Revision to Ord 2015-13 - Principal Bldg Area

ADOPTED: August 18, 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”
_________________________________________________________________________

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.

The definition of Principal Building Area shall be added as follows:

Principal Building Area - The total area of the outside dimensions of the principal building not including accessory buildings or structures and not including rear decks.

SECTION II.

The Schedule of District Regulations is amended as follows:

1. Add the following column to the right of Building Coverage (%):
Second Floor Habitable Area to Principal Building Area Limitation *

2. Insert the following values for the Zone District indicated:

Low/Moderate Density
Single Family Residential 85%

Single Family Residential 85%

High Density Residential
Single Family Detached 85%

Resort Residentail-2 (RR-2 Zone)
Single Family Detached 85%

Limited Commercial
Single Family 85%


* The following are exempt from this limitation:
i) A structure NOT 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
ii) Pre-existing homes unless the existing home is elevated and expanded at the same time
iii) All homes with 2,500 square feet or less of "floor area" (as defined in Section 19- 7.1 of the Borough Code) excluding, however, in determining whether the "floor area" is 2,500 square foot or less, decks, external stairs, unheated porches, detached garages, garages in any uninhabitable area under the first story, all other floor area in any uninhabitable area under the first story, and uninhabitable areas in any attic.
iv) All homes on lots equal to or exceeding 15,000.00 square feet

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

The pitch of the principal dwelling’s roof shall not be less than six vertical on twelve horizontal. Dormers, if constructed, shall not be more than 33% of the length of the long axis of the dwelling.
The following are exempt from these limitations:
i) A structure NOT 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
ii) Pre-existing homes unless the existing home is elevated and expanded at the same time.
iii) All homes with 2,500 square feet or less of "floor area" (as defined in Section 19- 7.1 of the Borough Code) excluding, however, in determining whether the "floor area" is 2,500 square foot or less, decks, external stairs, unheated porches, detached garages, garages in any uninhabitable area under the first story, all other floor area in any uninhabitable area under the first story, and uninhabitable areas in any attic.
iv) All homes on lots equal to or exceeding 15,000.00 square feet

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.

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.

This Ordinance shall take effect immediately upon adoption and publication in the manner required by law.

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.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 7th day of July, 2015, 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 August, 2015, 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.

______________________________
EILEEN FARRELL, RMC
Municipal Clerk


Published July08, 2015 | New Ordinances | 2138


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