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ORDINANCE 2017-02 Amend Chapter XIX

TABLED: 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 19-8.4 ENTITLED “PROVISIONS APPLICABLE FOR ALL ZONING DISTRICTS” AND 19-11.4 ENTITLED “FENCES, WALLS AND SIGHT TRIANGLES” AND 14-3.5 ENTITLED “DRIVEWAYS” AND 19-11.14 ENTITLED “YARDS.”
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WHEREAS, the Borough of Point Pleasant Beach continues to rebuild from Super Storm Sandy and;
WHEREAS, the Borough has put in place certain requirements to assist in the building process while also assuring well planned redevelopment and;
WHEREAS it is appropriate to revisit certain requirements to assure they yield the appropriate result as enacted,

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 adding the following:

Decorative Facing. Treatment used to provide for the aesthetic of exposed foundations necessitated by elevating and reconstruction buildings to conform to current flood elevations. Decorative facing shall include treatments such as natural or faux stone facing, brick facing, wood batten or lattice. Decorate facing shall not include a skim coat of mortar over concrete block work.


SECTION II.
Chapter XIX of the Code of the Borough of Point Pleasant Beach, entitled “Development,” Section 19-8, entitled “Provisions Applicable for All Zoning Districts” at subsection 19-8.4(b) is hereby amended and supplemented by deleting subsection 19-8.4(b) as it currently exists and replacing it with the following:

b. Where the finished floor will be constructed over three feet above the adjoining exterior grade the following shall be provided:
1. Foundation shall be of decorative facing or
2. Chosen house siding shall be constructed to within three feet of the adjoining grade
3. If the building is to be constructed on pilings, and not receive treatment as described in 1 and 2 above, then all exposed pilings shall be decoratively wrapped as described in 1 and 2 above. If the area below the house is to be used for storage then the decorative facing shall be installed around the entire perimeter of the building.

SECTION III.

Chapter XIX of the Code of the Borough of Point Pleasant Beach, entitled “Development,” Subsection 19-11.4(b) is hereby amended and supplemented by deleting the first sentence of 19-11.4(b) and replacing it with the following:

On any lot in any direction, no wall or fence shall be erected or altered so that the wall or fence shall be over three feet in height in front yard areas, four feet in height in side yard areas and six feet in height in rear yard areas except that a six foot high fence shall be allowed to extend from the rear yard into the side yard a maximum of eight (8) feet. In the RR-1 Zone no fence shall be permitted at a height greater than four (4) feet.

SECTION IV.
Chapter XIX of the Code of the Borough of Point Pleasant Beach, entitled “Development,” Section 14-3.5 entitled “Driveways” by adding a new subsection 14-3.5(h)(5) as follows:
Where driveways are constructed of gravel or stone the concrete apron or similar solid surface shall be installed at least 4 feet beyond the back of the sidewalk. Where no sidewalk exists, the concrete apron or similar solid surface will extend at least 10 feet from the curb line. When inside the property line compliance with the above requirement shall not count toward impervious coverage calculation.

SECTION V.
Chapter XIX of the Code of the Borough of Point Pleasant Beach, entitled “Development,” Section 19-11.14 entitled “Yard Areas” is hereby amended and supplemented by adding:

d. Yard Surface

Yard surfaces other than those used for lot development shall be maintained lawn, landscaping or stone to limit soil erosion. Yard areas shall be permeable to reduce storm water runoff. Where a stone yard is proposed all weed barriers or liners shall be of a permeable material. All stone surfaces shall include a 2 inch border in order to retain stones within the property.

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

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


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



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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 7th 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 | 2477


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