Residential and Commercial Structures
Township of Toms River
Hurricane Sandy, which struck the New Jersey coast on October 28 and 29, 2012, devastated sections of the Township proximate to the Atlantic Ocean and Barnegat Bay, particularly in the barrier island communities.
Many homes and businesses in these areas were severely damaged and must be rebuilt.
Many of these severely damaged buildings were existing nonconforming structures in their respective zones.
The Township has determined that these residential and commercial structures can be rebuilt, so long as they are restored to the same size and configuration as the structure existing before Hurricane Sandy.
Given the urgent need to revitalize the affected areas, the Township has developed the following policy to streamline the reconstruction and avoid conflicts with zoning regulations.
1. Any principal structure damaged by Hurricane Sandy may be rebuilt or restored to the same size and configuration, notwithstanding previous nonconformity with Township zoning regulations, without the need for a zoning variance.
2. The restored or rebuilt principal structure must not exceed the square footage and number of stories as the previous structure.
3. The restored or rebuilt principal structure must occupy the same footprint (or a more conforming footprint) as the previous structure, proof of which must be submitted as a condition to obtaining a construction permit.
4. The new principal structure must be rebuilt or restored in accordance with the construction standards mandated by the Federal Emergency Management Agency (FEMA), notwithstanding any state or local rules and regulations to the contrary.
5. The restored or rebuilt principal structure must comply with the overall height restriction mandated in the municipal zoning ordinance.
6. This policy does not pertain to nonconforming uses.
7. Temporary, on-site trailers and recreational vehicles (RVs) are governed by Ordinance 4467-14.
8. Designs to elevate homes must include a grading plan prepared by a licensed professional engineer and are subject to construction and zoning permit requirements.