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Stone Harbor to amend pool setback standards

On July 3, 2018, the Borough of Stone Harbor introduced an ordinance to relax the building requirements for swimming pools within the rear yard setback area to the bulkhead line on bayfront lots. Currently there is no standard for pools and the general 10 foot setback applies. That is being reduced to 5 feet, limited in height to 8.7 feet NAVD 88 pursuant to the amendment. A public hearing is scheduled on the ordinance amendment for August 7, 2018 and may be adopted the same evening.

The complete copy of the ordinance is below:

BOROUGH OF STONE HARBOR CAPE MAY COUNTY, NEW JERSEY ORDINANCE NO. 1526 AN ORDINANCE AMENDING CHAPTER 560 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF STONE HARBOR REGULATING POOLS ON BAYFRONT PROPERTIES WHEREAS, Section 560-38(B) the Zoning Ordinance (the "Ordinance") of the Borough of Stone Harbor (the "Borough") currently prohibits the erection of structures within ten feet of the established bulkhead line on bayfront properties in the Borough; and WHEREAS, the Borough's prohibition on the erection of structures within ten feet of the established bulkhead line is subject to several exceptions that include an exception which permits the construction of uncovered open decks between the main building and the bulkhead, provided that the height of any such deck does not exceed 8.7 feet NAVD 88; and WHEREAS, the Stone Harbor Planning Board (the "Board") has determined that Private Residential Swimming Pools, as defined in Section 560-43 and amended hereby, may be constructed regardless of the location of the established bulkhead line without impairing the views of any properties or otherwise negatively impacting open space light or air, provided that such pools are at least five feet from the bulkhead and are limited in height to 8.7 feet NAVD 88; and WHEREAS, the Board has recommended revisions to the Zoning Ordinance as set forth below and has determined that the implementation of those revisions is consistent with the Master Plan and will promote the general welfare of the Borough and its residents; and WHEREAS, the Borough Council desires to adopt and implement the recommendations of the Board, as set forth below. NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of Stone Harbor, Cape May County, New Jersey, as follows (inserted text is underlined, deleted text is striken): Section 1. Section 560-38(B) is amended as follows: Bulkhead setback (bay waters and lagoons). On properties contiguous to back bay waters and lagoons, no building or other structure shall be located or erected within 10 feet of the established bulkhead line, except that (1) an uncovered open deck, with or without hand railings, may be located or constructed between the main building and the bulkhead to a maximum of 8.7 feet NAVD 88; (2) a Private Residential Swimming Pool may be located or constructed between the main building and a point which is five (5') feet inland of the bulkhead to a maximum of 8.7 feet NAVD 88; and (3) a landing measuring four feet or less in width and four feet or less in depth may be constructed at or below the height of the lowest finished floor of the principal structure along with stairs from said landing to a deck permitted under Subsection B(1) above, provided that (a) such landing and stairs are constructed for the purpose of gaining access to the principal structure, and (b) no such landing or stairs may be constructed in any side yard or within six feet of the established bulkhead line. Section 2. The definition of a "Sunken Pool" in Section 560-43 is amended as follows: SUNKEN POOL Any swimming pool having more than 25 square feet of water surface and (i) protruding above the average natural grade not more than eight inches; or (ii) in the case of pools adjacent to bay waters and lagoons, having a height not to exceed 8.7feet NAVD 88. Section 3. If any portion of this ordinance is determined to be invalid by a Court of competent jurisdiction, that determination shall have no effect upon the remainder of this Ordinance, which shall remain valid and operable. Section 4. All Ordinances or parts of Ordinances inconsistent with this Ordinance, to the extent of such inconsistencies only, be and the same are hereby repealed. Section 5. This Ordinance shall take effect twenty (20) days after final passage and publication as provided by law. APPROVED: Judith Davies-Dunhour, Mayor ATTEST:Suzanne C. Stanford, Borough Clerk NOTICE The ordinance published herewith was introduced and passed upon first reading at a meeting of the Borough Council of the Borough of Stone Harbor, in the County of Cape May, New Jersey, held on July 3, 2018. It will be further considered for final passage, after public hearing thereon, at a meeting of said Borough Council to be held in the Municipal Building in said Borough on Tuesday, August 7, 2018 at 4:30 p.m. and during the week prior to and up to and including the date of such meeting, copies of said ordinance will be made available at the Clerk's Office in said Municipal Building to the members of the general public who shall request the same. Suzanne C. Stanford, Borough Clerk Printer Fee: $81.48 Pub Date: July 9, 2018 Order #: 0000085214

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