The Red Bank Borough Council introduced an ordinance, which if eventually passed, will amend the borough code to allow any non-conforming structure damaged due to a natural incident to be rebuilt without a variance.
“Briefly, what prompted the ordinance is that a resident’s house recently burned down. The house was in an industrial zone. Under the current ordinance the homeowner would have needed to obtain a variance from zoning board to rebuild the house. Under the revision the homeowner could rebuild the house without needing a variance,” said Glenn Carter, director of the zoning board of adjustment, at the June 28 council meeting.
If any non-conforming structure is more than partially destroyed by fire, flood, earthquake, wind, or other natural occurrence, then the structure can only be rebuilt in conformance with this chapter, according to the council agenda.
Furthermore, the non-conforming structure can be rebuilt except where the rebuilding can meet all of the following: where the structure contained a permitted use at time of destruction, and will continue to do so after it is rebuilt, or where the structure is a non-permitted one or two family dwelling; where the structure would not require site plan approval pursuant to this chapter; and, where the structure will be rebuilt on or within the existing building footprint, according to the council agenda.
“Let’s say the zone requires a 10 foot side yard setback but the existing structure is set back only five foot. That is a non conforming structure,” Carter said.
The public hearing and final adoption for this ordinance will take place on July 26. Once adopted it will take effect immediately, according to Borough Clerk Pam Borghi.
The council also approved another introduced ordinance. If eventually passed, this oridinance will amend the borough’s tree ordinances and add additional regulations relating to trees located on borough property and in borough right-of-ways.
“The Shade Tree Committee (STC) ordinance is amending our current tree ordinances to allow for a developer who, during construction has to remove a borough owned tree, to pay a fee of $500 to the Shade Tree Trust Fund if the STC deems that it is not feasible to put a tree back into the same or a nearby location on the subject site. That $500 will be used by the STC to plant a tree in another location throughout town,” Councilman Erik Yngstrom said.
The public hearing and final adoption for this ordinance will take place on July 26, according to Borough Clerk Pam Borghi.
“[The ordinance] was created to allow for a developer an avenue to pay for the replacement of a tree rather than having to put it into a location that is dangerous or unfeasible,” Yngstrom said.
If passed the ordinance is going to be implemented the day after it is passed, according Yngstrom.
The committee will pay to have each tree planted through the Shade Tree Trust Fund, according to Yngstrom.
“Residents can contact the Shade Tree Committee if they would like a tree planted on their property. They will be added to the STC list of future plantings and when the funds are available, the new tree will be planted,” Yngstrom said.
After passing several resolutions the council went into a brief executive session to discuss and take formal action on personnel issues.
“The council went into executive session to discuss personnel matters. After adjourning [from the] executive session and resuming the public meeting, the council acted on two resolutions. One was to hire a permanent part-time clerk in our municipal court and the other was to approve a one-time honorarium payment to two police officers for successful completion of their higher education studies,” Borghi said.
The permanent part-time municipal court clerk will receive a rate of $16.42 per hour, according to the council agenda.
The two police officers will receive $2,500 each for completing the course of study, according to the council agenda.
At the beginning of the council meeting, Executive Director of the Red Bank RiverCenter James Scavone presented the proceeds from the non-profit organization’s International Beer Wine and Food Fest.
Scavone announced that the organization had chosen to donate $7,500 to the Parker Family Health Center and Holiday Express. Scavone gave a $7,500 check to representatives from Holiday Express and another $7,500 check to representatives from the Parker Family Health Center.
For more information about introduced ordinances visit www.redbanknj.org/AgendaCenter.
Contact Vashti Harris at [email protected].