LONGPORT – Following a lengthy public hearing Sept. 17, the Board of Commissioners tabled an ordinance that would change the borough’s zoning regulations.
The ordinance change would limit the requirements for habitable living space on the ground level of newly built homes.
Under the ordinance, enclosures on the lowest floor below base flood elevation, such as garages and storage areas would be limited to no more than 250 square feet, including stairs and elevators, and any finishings must be made of flood resistant materials. Doors providing access to outdoor areas and exterior walls would be limited in size and have no more than 25% glazing per panel; the interior may not be partitioned into separate rooms; electrical outlets would be limited in number and be flood resistant; audio and video equipment, except for security systems, would be prohibited, as would plumbing fixtures and appliances.
Area builder Jim Leeds Jr., who builds many high-end houses and “knows what people want,” asked that the ordinance be tabled to allow for more discussion from other builders and property owners.
“This ordinance is flawed from the get-go,” Leeds said.
He said the changes would not reduce the borough’s current flood insurance rating and would be difficult to enforce.
He asked that the borough hold off adopting the ordinance until after a NJ Society of Floodplain Management Conference is held in Atlantic City in October.
“All the big name FEMA and DEP guys will be there…someone should go and meet with these guys and show them your ordinance,” Leeds said.
“How is that going to improve this great neighborhood?” he said. “You ask our neighbors to beautify (the town) and now you are telling them they can’t have a cabinet in your storage room…”
He was very concerned that the ordinance as written would prohibit the installation of sliding glass doors leading to outdoor spaces, where many homeowners install swimming pools and hot tubs.
Realtor Joe DiLorenzo said the ordinance is “coming at us fast.” He said real estate agents need time to discuss the ordinance with their clients, suggesting a roundtable of professionals be held with interested parties.
“We are not in a position right now reading this to advise people what exactly is going to happen,” he said.
Zoning Officer Bruce Funk, who also serves as the borough’s floodplain administrator, said the ordinance is needed to allow flood waters to flow into and out of homes during extreme weather events without damaging finished spaces that could be included in flood insurance claims.
The borough’s non-conversion agreement adopted after Hurricane Sandy made it perfectly clear that ground floor spaces can only be used for access to the first floor, storage and parking.
“Here it is 13 years later, and we have a very serious problem. These areas are being enclosed and used for everything but what was approved” such as bedrooms, bathrooms, extra kitchens, gyms and entertainment rooms, he said. “We have got to protect our residents and the community. We have to draw a line in the sand to stop the bleeding.”
The change would help maintain the borough’s current Class 5 National Flood Insurance Program CRS (Community Rating System) rating, which provides a 25% discount on the cost of flood insurance to all property owners. Current savings amount to about $300,000 borough-wide, he said.
The ordinance is also needed to promote public safety in living spaces illegally installed next to HVAC equipment and prevent fires that could cause death.
“Doing nothing today and kicking it down the road is not a solution. Our recommendations are reasonable and a step in the right direction,” he said.
Planning and Zoning Board President Tom McAllister, who has been on the board for more than 20 years, 17 of them as chairman, said the board has been discussing the ordinance revisions for years. He encouraged residents to attend board meetings to witness the discussions.
“It’s the wild west out there, guys, people just do what they want,” he said, noting that the state is working to increase the height of the current base flood elevation.
He recommended the board approve the ordinance subject to DEP approval.
“If you don’t like it six months from now after it’s been approved…you can tweak it…or if residents want to change something, they can apply for a variance,” he said. “Kicking the can down the road is not an option.”
Any substantial changes to the ordinance that was presented to the public on first reading would require readvertising and another public hearing before it could be adopted.
Solicitor Michael Affanato said any changes to the borough’s Chapter 99 ordinance, which was a model ordinance recommended by the DEP, would need to be reviewed and approved by the agency to become enforceable. However, he said he believes the DEP would approve it because the changes include higher regulatory standards.
Commissioner Dan Lawler said he didn’t have enough information to make a proper decision on adoption, but he learned more hearing from the public. He would like to speak to more people, which would not delay adoption too long.
Mayor Patrick Armstrong said he heard from “incredibly professional people” and that he would like to “put four or six of you in a room to come up with the right answers.”
Commissioner Jim Ulmer said the borough has to “get it right” and that he would like to get additional viewpoints from the Planning Board solicitor and planner.
“I think it’s ok to table it for a limited time, but have it wrapped up by the end of the year,” he said.
The board voted unanimously to table the ordinance. Further discussion is likely at a future commissioners meeting.
Copyright Access Network 2025
