Toms River Continues Aim to Relax Construction Rules for Sandy-Damaged Homes

More proposed modifications to Toms River building ordinances aim at making reconstruction from Superstorm Sandy simpler. 

Planning Board members last week said that amendments easing regulations for affected properties are consistent with the township's master plan, giving them their approval. Waiving a variance request for certain construction means residents won't face a Zoning Board appearance. 

"We recognize that when people are rebuilding they want to avoid going through a variance process that are based on site conditions that are quite predictable," said township planner Jay Lynch. 

Conditions are predictable because many damaged homes are located on the barrier island and on similar types of lots. The township's current policy is to allow residents to rebuild within the same footprint.

But, "we don't want to discourage people from trying to expand or upgrade their homes to some extent as they rebuild," Lynch said.

The amended ordinance makes it possible for those rebuilding homes to make certain changes without having to appear before the Zoning Board. With hundreds of damaged homes requiring reconstruction, those appearances aren't practical. 

For example, Lynch said that a homeowners would be able to work with the township to add a second story as they rebuild, or position their home a certain way on their property that normally wouldn't comply with setback rules. 

"It's a classic Zoning Board of Adjustment case unless you modify the ordinance," Lynch said. 

Also proposed is an easing of a fire access requirement — three feet of space on at least one side of the house is required. Regulations are being written as to encourage the building of decks in the rear yards — front yard decks would have to be constructed within the setback area. 

The update also would bring changes to reconstruction in flood zones — a previously passed amendment allows the height of Sandy-damaged homes to surpass 35 feet if necessary to satisfy FEMA flood guidelines while bypassing a trip before Toms River's Zoning Board, so long as no other alterations are proposed

The change makes that rule apply even if a homeowner is doing new construction. 

"The starting point would be base flood elevation," Lynch said. That means properties will have varying height requirements depending on where they are located. 

"We'll see how it stands up over time and make any adjustments as needed," Lynch said of the proposed changes.  

The amended ordinance has been introduced by the Township Council and will be voted on during the May 28 meeting, 6 p.m. in town hall. Additional changes to building ordinances are expected in the coming weeks, Lynch said.