Howell Township City Zoning Code
ARTICLE XXVI
Natural Disaster Recovery
§ 188-233 Emergency waiver of nonconforming land uses and structures for post-disaster temporary accommodations.
A. DISASTER UNINHABITABLE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any natural, technological, or civil event necessitating the declaration of a state of emergency by the Township, the Governor of the State, or the President of the United States. Such events may include, but not be limited to, hurricanes, storms, floods, severe wave action, severe wind damage, tornados, fire damage to numerous structures, earthquake, enemy attack, sabotage, terrorism, civil unrest, transportation accident, radiological accident, or chemical or other hazardous material incident.
Any structure located in the Township which is determined by the Construction Code Official, or any other federal or state governmental agency based on criteria contained in the New Jersey Building Code and other applicable local, state, and federal regulations to be so damaged, dilapidated, or unsafe that it creates a serious hazard to the health, safety or welfare of the occupants or the public, or which lacks illumination, ventilation, or sanitation facilities adequate to protect the health, safety or welfare of the occupants or the public, and which was rendered to be unfit for human habitation by a disaster.
B.
Rehabilitation or construction of a residence. When a disaster has rendered a single-family residence uninhabitable, a maximum of one mobile home, manufactured home or recreational vehicle may be temporarily permitted on the single-family lot subject to the conditions set forth in this section, during rehabilitation of the original residence or construction of a new residence on the existing site, regardless of zoning district requirements. The placement of any mobile home, manufactured home or recreation vehicle must comply with a minimum side yard setback of six feet or the side yard setback of the applicable zone. In those instances where the site of the damaged residential structure is not suitable for temporary placement of a recreational vehicle, mobile or manufactured home, the property owner may designate an alternative site, provided that the temporary use can be located on the alternative site in compliance, to the extent possible, with the locational and setback standards for accessory structures. When an alternative site is proposed, the permit applicant and the owner of the alternative site shall be noted on the required permit application and an agreement for permission from the site owner to allow the applicant use of the alternative site and removal of the temporary recreational vehicle, mobile or manufactured home shall be stipulated on the application. All alternative site locations shall require the approval of the Director of Community Development, Director of Land Use and Planning or Code Enforcement Officer or other designee. The mobile home or recreational vehicle shall be permitted for a period of no more than one year. At the expiration of one year, if the residence is not rehabilitated, the applicant must appear before the Township Council and request an extension of a period not to exceed six months.
C.
Multiple housing sites. Housing sites for multiple temporary dwelling units established by the Federal Emergency Management Agency and approved by the Township Council may be established in any zoning district.
D.
Procedures for implementation of this section.
(1)
The Township Council may authorize the implementation of this section by resolution or, in the event that a meeting of the Township Council cannot be scheduled within one week of a declaration of state of emergency, the Mayor, Deputy Mayor or Township Manager may implement the provisions of this section upon determining that post-disaster circumstances are such that adequate repair or reconstruction of a significant number of structures in the Township or in specific areas of the Township will require substantial time to complete.
(2)
After a determination that the implementation of this section is desirable, permits allowing temporary waiver of nonconformity shall be allowed. Such permits shall be issued only upon the determination of the Construction Code Official or other local, state or federal official that the original structure is uninhabitable.
(3)
The initial term of the permit allowing a nonconforming structure to remain in use and on site will be 365 days from the date of a declaration of a state of emergency. After this initial term, should the Township Council determine that circumstances are such that safe and efficient reconstruction of damaged properties warrant the extension of the permit period, the Council may issue a resolution allowing for an extension not to exceed 180 days of all issued permits. The Township Council may grant additional extensions by resolution on a case-by-case basis and upon application to the Council.
(4)
Should the Township Council determine that extension of all temporary nonconformity use permits issued pursuant to this section is not necessary, the Council may, by resolution, authorize staff to grant extensions to individual permit holders who were unable to complete reconstruction in the permitted time because of extenuating circumstances beyond the permit holder's control including, but not limited to, a local shortage of building materials or properly licensed contractors.
(5)
Without requiring an extension of a previously issued temporary nonconformity use permit, a new temporary nonconformity use permit may be issued for a structure damaged by a subsequent disaster, if that structure was previously issued a temporary nonconformity use permit which has not expired, and so long as the terms of this section were activated by the Township Manager to address damage caused by the subsequent disaster.
(6)
As a condition for receiving a temporary nonconformity use permit, the applicant must complete an application including proof of ownership and an agreement with the Township wherein the applicant shall agree to remove the temporary recreational vehicle, mobile or manufactured home within 30 days of the issuance of the certificate of occupancy or certificate of completion for the new or rehabilitated residential use or upon expiration of the temporary nonconformity use permit, whichever occurs first. The Township Council delegates the authority to execute the provisions of the contract on behalf of the Township to the Township Manager or designee.
E.
Conditions for use and limitations. For all temporary uses allowed by this section, the following shall apply:
(1)
No tents shall be permitted;
(2)
Required electrical, water and sanitary facilities must be provided; siting of the recreational vehicle, mobile or manufactured home must comply with all current codes and regulations, except parking requirements, including floodplain management;
(3)
Electrical service must be available on site and have a proper connection for a recreational vehicle, mobile or manufactured housing unit;
(4)
Only a licensed mobile/manufactured home installation contractor will be allowed to apply for a permit and perform any work related to the connection of plumbing, electrical, sewer and mechanical service systems to the site;
(5)
Legal and proper disposal of all sanitary sewer and stormwater is required; no portable toilet facilities will be permitted;
(6)
No person shall occupy a recreational vehicle, mobile or manufactured home prior to inspection of the unit by the Township and the issuance of a certificate of occupancy, or temporary certificate of occupancy, as determined by the Township's Construction Official or his/her designee;
(7)
The recreational vehicle, mobile or manufactured home must be removed from the property no later than 30 days after the certificate of occupancy or a certificate of completion is issued for the new or rehabilitated residence or upon expiration of the temporary use permit, whichever occurs first. The Township shall remove the temporary structure at the expense of the permit holder should the permit holder fail to comply with the removal requirement.