ORDINANCE NO. 2007-13
AN ORDINANCE AMENDING CHAPTER 13 OF THE REVISED
GENERAL ORDINANCES OF THE BOROUGH OF
BE IT ORDAINED BY THE BOARD OF THE COMMISSIONERS OF THE BOROUGH OF HARVEY CEDARS, as follows:
Section 1. Section 13-3 entitled “Definitions” is hereby amended as follows:
The paragraph defining “Buildable Area” is repealed.
The paragraph defining “Buildable Height” is repealed.
The paragraph defining “Usable Volume” is repealed.
Section 2. Section 13-3 entitled “Definitions” is hereby amended to insert the following paragraphs in alphabetical order:
Buildable Lot Area shall mean the portion of a lot remaining after required yard areas have been set aside.
Building Footprint Area shall mean the sum of the areas enclosed by the principal and accessory building lines, including any porches and decks. Building footprint area shall exclude:
· air conditioner platforms twenty-four (24) square feet in area and under;
· bay windows not extending down to finish floor, twelve (12) square feet or less in area; and
· outdoor shower enclosures, roofed or unroofed, thirty-two (32) square feet or less.
If the above areas are exceeded, the portion of area exceeding shall be included in the building footprint area.
Building
Height shall mean the difference in elevation from the crown of the
established road, street, or easement grade at the center of the front yard to
the highest point of the building or structure.
Eastward of
Impervious Coverage shall mean the sum of the
horizontal areas of generally impervious surfaces including roof areas, pools
and hot tubs, roofed over decks and fiberglass decks, brick or concrete pavers,
asphalt, concrete, and similar type pavements that cover the
Lot Coverage shall be the ratio of building footprint area to upland lot area.
Upland Lot Area shall mean the area of a lot exclusive of any open water, lagoon or wetland areas. Open water area shall be measured from the mean high water line established on the current property survey.
Section 3. Section 13-3 entitled “Definitions” is hereby amended by replacing the following paragraphs:
Accessory use or accessory building shall mean a subordinate use or subordinate building the purpose of which is incidental to that of the main use or main building and on the same lot.
Addition shall mean an increase in the footprint area of a building, an increase in the height, or an increase in the number of stories of a building.
Attic shall mean area between ceiling joists of top story and the roof rafters above. An attic area shall not be finished nor heated and not used for anything but storage or mechanical equipment.
Building line shall mean a line formed by the intersection of a horizontal plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface, except for roof overhangs projecting two (2) feet or less, or chimneys projecting two (2) feet or less and bay windows not extending to finish floor less than twelve (12) square feet in area. All yard requirements are measured to the building line.
Deck shall mean an exterior floor system supported on at least two opposite
sides by an adjoining structure and/or posts, piers, or other independent
supports. Any deck area with a deck or
roof above shall be considered a porch.
Fill – see subsection 12-8.11 regarding lot fill, and subsection 16-7.3f regarding easements and lots.
Habitable Areas shall be the heated and air conditioned areas of buildings utilized for living, sleeping, eating or cooking, including bathrooms, toilet compartments, closets, mezzanines, stairways, foyers, halls, storage, utility areas, and closed porches. Habitable Areas shall not include unheated attics, crawl spaces, basements or garages, decks, open porches, and floor space less than five (5) feet in height. Habitable Areas will be calculated from the exterior walls of the structure.
Porch shall mean one of the following:
a.
Closed
Porch shall mean a deck area with
a roof or deck entirely above and covering to the deck extents, and having
solid or paneled railings, insert screening or storm panels.
b. Open Porch shall mean a deck area with a roof or deck above, and railing open in area for at least one half of the porch perimeter outside of the building wall. No additional enclosure materials or walls are permitted including screening, storm windows, drop curtains, or other temporary enclosures.
Story shall be a vertical dimension and shall mean that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof above it. A split-level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it.
Section 4. Section 13-3 entitled “Definitions”, paragraph entitled “Yard Abutting Public Streets”, section a. is hereby amended to read as follows:
a. Front yard shall mean a yard extending between side lot lines across the front of a lot adjoining a public street. On through lots, unless the prevailing lot pattern indicates otherwise, front yards shall be provided on all frontages in accordance with the general regulations of the district concerning minimum depth of front yards. This definition shall not apply to lots which are less than one hundred (100) feet in depth. In those cases, the property owner can choose which street will be considered the Front Yard.
Section 5. Section 13-7.2 entitled “Height Limit” is hereby renamed to “Height Limits” and is amended in its entirety as follows:
Height
Limits.
a.
No building or structure shall be built or
enlarged to exceed three (3) stories from grade.
b.
No building or structure may exceed two (2) stories
of habitable areas, excluding an entry foyer and stairway not exceeding three
hundred (300) square feet in area.
c.
No building or structure shall exceed a
maximum sloped-roof height of thirty-two (32) feet. When existing setbacks do not meet or exceed
the required setbacks of the district, the height shall not exceed thirty (30)
feet. A flat-roofed building with a
pitch less than one in twelve, or other structure, shall not exceed
twenty-eight (28) feet. Deck railings
shall not exceed thirty-one (31) feet in height.
d.
No building or structure on a lot with
thirty (30) feet or less of frontage shall be built or enlarged to exceed
twenty-four (24) feet in height. Lots
exceeding thirty (30) feet in frontage may exceed the twenty-four (24) foot
height limit at a rate of one (1) additional foot for every two (2) feet of
additional lot width. (Ord. No. 2003-10
§ 1)
e.
Exceptions to the height limit may be found
in Section 13-8.
Section 6. Section 13-7.3 entitled “Lot Coverage” is hereby renamed to “Coverages” and is amended in its entirety as follows:
Coverages.
a.
b.
The ratio of the area of habitable areas to
the upland lot area shall not exceed fifty (50%) percent.
c.
The ratio of the impervious coverage area to
the upland lot area shall not exceed seventy-five (75%) percent.
d.
The ratio of the sum of the building
footprint area and the areas of a swimming pool taken with adjacent at-grade
walkways (timber or other material) and patios within three (3) feet of the
pool to the upland lot area shall not exceed forty- eight (48%) percent.
Section 7. Section 13-7.12 entitled “Second Dwelling” is hereby added as follows:
Second
Dwelling – Prohibited. There shall not be more than
one principal structure or dwelling on any lot of record.
Section 8. Section 13-7.13 entitled “Flood Zone” is hereby added as follows:
Flood Zone. Habitable areas shall be constructed in
accordance with applicable FEMA Flood Zone Regulations. However, entry foyers and stairways may be
constructed below the mapped flood plain elevation up to a maximum of three
hundred (300) square feet in area.
Section 9. All ordinances or parts of ordinances inconsistent herewith are repealed to the extent of such inconsistency.
Section 10. If any word, phrase, clause, section or provision of this ordinance shall be found by any court of competent jurisdiction to be unenforceable, illegal or unconstitutional, such word, phrase, clause, section or provision shall be severable from the balance of the ordinance and the remainder of the ordinance shall remain in full force and effect.
Section 11. This Ordinance shall take effect upon final adoption after publication in accordance with law.
NOTICE is hereby given that the foregoing Ordinance was duly introduced and passed on the first reading at a regular meeting of the Board of Commissioners of the Borough of Harvey Cedars held on July 17, 2007. Further notice is given that said Ordinance shall be considered for final passage and adoption at a regular meeting of said Board of Commissioners to be held on August 21, 2007 at 4:30pm at the Borough Hall, 7606 Long Beach Blvd., Harvey Cedars, NJ, at which time and place any person desiring to be heard will be given an opportunity to be so heard.
___________________________
Daina Dale, Municipal Clerk