Sponsored by:

Assemblyman SEAN T. KEAN

District 30 (Monmouth and Ocean)

Assemblywoman MARY PAT ANGELINI

District 11 (Monmouth)

Co-Sponsored by:

Assemblyman McGuckin and Assemblywoman Handlin

SYNOPSIS

Exempts properties within flood zones from variance requirements to raise structure.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

An Act concerning the raising of structures in flood zones and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Notwithstanding any provision of law to the contrary, within a designated flood zone, any existing structure or a structure which replaces a structure with an identical footprint damaged by flood may be raised in compliance with established Federal Emergency Management Agency standards and shall not require an application for any bulk variance approval pursuant to subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70), even if the existing or original structure was nonconforming under the municipality's bulk zoning requirements. This section shall not negate any view easement rights held by nearby property owners as of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).

2. This act shall take effect immediately.

STATEMENT

This bill would permit owners of property within designated flood zones to raise a structure in compliance with Federal Emergency Management Agency (FEMA) standards without obtaining a bulk variance pursuant to C.40:55D-70(c). A property owner who wishes to raise a structure located within a flood zone would not have to submit an application for a variance pursuant to subsection c. of N.J.S.A.40:55D-70. The bill also states explicitly that this exemption shall not negate view easement rights held by neighboring property owners as of the effective date of this bill.

This bill is intended to increase the efficiency of the recovery from Hurricane Sandy. Many property owners in municipalities with large flood zones are currently required to submit an application for a variance prior to raising a structure. Considering that this type of variance approval will amount to little more than a rubber stamp with respect to structures in flood zones to be raised in compliance with FEMA standards, this legislation will streamline the recovery process and save costs to property owners and municipalities. This bill also furthers the intent of the Municipal Land Use Law, which, pursuant to N.J.S.A.40:55D-2, was designed to secure safety from fire, flood, panic, and other natural and man-made disasters.