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ORDINANCE 2017-01 Amend Chapter XIX - Definitions & Encroachments

ADOPTED: February 7, 2017

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” AT
SECTIONS 19-7 et. seq. ENTITLED “DEFINITIONS” AND 19-11.14(c) et. seq. ENTITLED “ENCROACHMENTS”
_______________________________________________________________________

WHEREAS, in order to clarify definitions of certain terms as used in the Development Ordinance of the Borough of Point Pleasant Beach and;
WHEREAS Borough professionals have pointed out the need to clarify the Borough’s requirements for building setbacks and;
WHEREAS the Borough believes the following amendments and supplements will provide design flexibility and allow for aesthetic enhancement,

NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey, as follows:

SECTION I.
Chapter XIX of the Code of the Borough of Point Pleasant Beach, entitled “Development,” Section 19-7 et seq. entitled “Definitions” shall be amended by deleting the following definitions as found in the Development Code of the Borough of Point Pleasant Beach and replacing them with the following:

BUILDING LINE. A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In the case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface. Eaves are excluded provided they do not project more than 24 inches from the exterior surface of the building. In no case shall an eave project over a property line. All yard requirements are measured to the building line.

SETBACK LINE. A line drawn parallel to a street line or lot line and drawn to the point of the building nearest to the street line or lot line beyond which a building shall not project. The minimum yard requirements shall be the minimum required setbacks. All setbacks from public streets shall be measured from the required right-of-way width.

YARD, FRONT. The open space extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the required front yard shall be measured at right angles to the front lot line.

YARD, REAR. The open space extending the full width of the lot and lying between the rear line of the lot and the nearest line of any principal building on the lot. The depth of the required rear yard shall be measured at right angles to the rear lot line.

YARD, SIDE. The open space between the side line of the lot and the nearest line to the building and extending from the front yard line to the rear yard line, or in the absence of either such yards, to the street or rear lot lines as the case may be. The width of a required side yard shall be measured at right angles to the side line of the lot.


SECTION II.
Chapter XIX of the Code of the Borough of Point Pleasant Beach, entitled “Development,” Section 19-11.14(c) entitled “Encroachments” is hereby amended and supplemented by deleting subsection 19-11.14(c)(1) and replacing it with the following:

1. Chimneys. Chimneys may encroach a maximum of 18 inches into any required side or rear yard, provided that the total area of encroachment does not exceed 6 square feet.
The following is added as subsection 19-11.14(c)(3):
3. Bay and bow windows may encroach a maximum of 24 inches into the front yard setback.

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.
The County Planning Board shall be provided notice of this proposed ordinance in accordance with N.J.S.A. 40:27-6.10.

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

SECTION VII.
This Ordinance shall take effect immediately upon its final passage and publication as required by law and filing with the Ocean County Planning Board.



________________________________
Borough of Point Pleasant Beach
Stephen D. Reid, Mayor



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 17th day of January, 2017, and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 2nd day of February, 2017, 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 January19, 2017 | New Ordinances | 2476


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