On September 17, Longport Commissioners postponed vote to require homeowners and builders to keep the lowest level of a home reserved for access, parking and storage.
Of particular debate was item #9 of the ordinance which states: plumbing fixtures, toilets, showers, sinks, household appliances and similar devices are not permitted within any enclosures below the first floor.
Amendment to Chapter 99 zoning law: It’s unlawful to use a ground floor area as additional living space by installing recreation rooms, kitchens, bedrooms and toilets.
Longport postpones ordinance on changes to home ground floor rules.
During public comment, Longport resident / builder Jim Leeds Jr. said the ordinance is flawed, enforcement of the law is unclear.
Leeds: the ordinance needs approval from NJ DEP (New Jersey Department of Environmental Protection) and FEMA (Federal Emergency Management Agency).
Leeds felt the ordinance was too strict and went far above the requirements of state and federal law.
Resident and real estate developer Joe DiLorenzo agrees with Leed’s assessment and that Longport Borough needs to look into the details and impacts of the ordinance more deeply.
DiLorenzo: owners and architects need more education to understand what’s permitted when they’re building or renovating the ground floor of homes.
Floodplain Administrator and Zoning Officer Bruce Funk: the ordinance follows regulations of FEMA’s National Flood Insurance Program (NFIP). It supports the borough in receiving federally backed flood insurance thereby reducing premiums costs while protecting lives of residents and their property during fire or flood event.
Funk said enforcement is under control. However, Longport needs to strengthen the law to prohibit walls and hallways to be constructed on the ground floor and become occupied rooms as it’s a violation of FEMA rules.
During recent inspections, illegal conversions to a family room, kitchenette, powder room, home gym, home office, and bedroom have been found.
Owners have one year from date of inspection to restore the ground floor to its sole purpose of access, parking and storage.
Borough Solicitor Mike Affanato recommended that the NJ DEP review and approve the ordinance before it is voted on as it’s an amendment to the states chapter 99 regulation, even if it exceeds the standard.
Longport Planning Board Chairman Tom McAllister added that the planning and zoning board have spent years discussing the contents of the ordinance at its public meetings. He was disheartened that objections to the amendment were not heard until second reading today.
McAllister suggested the ordinance be approved subject to NJ DEP approval. Variances can be considered at their monthly meeting.
Longport Mayor Armstrong and Commissioners Lawler and Ulmer voted to table the ordinance.
Armstrong suggested that a committee be stood up between the zoning officials, residents and builders to reach an understanding that is satisfactory to all parties.
Assuming NJ DEP approval, if the ordinance verbiage is tweaked it can be reintroduced for second reading and adaption at a future meeting. If the ordinance is rewritten, it will have to be introduced as a first reading and then adapted at the second reading.
More overreach. Will they now allow homes to be built even higher? There has to be compromise as the homeowner bares the risk if they have uninsurable items on the ground floor. Let the insurance companies deal with the risk and get the gov’t off our backs.