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  • NJ A4484
  • Declares that deed restrictions or agreements that prevent raising or constructing of a structure to certain flood elevation standards are unenforceable.
Introduced
(1/12/2017)
In Committee
(2/13/2017)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill would provide that any deed restriction or agreement that prohibits or has the effect of prohibiting any otherwise lawful raising or constructing of a structure to meet certain flood elevation standards is contrary to public policy and therefore unenforceable. The bill would also clarify how certain exemptions from development regulations under existing law apply in the case of townhouses or row houses for which title to each unit is held in fee simple. The provisions of the bill declaring for the unenforceability of certain deed restrictions or agreements would apply in the case of structures being raised or constructed to a "new and appropriate elevation," which is a defined term under existing law and based on certain flood elevation standards set forth in P.L.2013, c.107 (C.58:16A-103). The bill also provides that the deed restrictions or agreements covered by the bill would be unenforceable no matter when entered into or made. The bill defines the term "structure" to mean any dwelling or building; however, in the case of attached townhouses or row houses for which title to each unit is held in fee simple, it would mean a single townhouse or single row house. This definition would be applicable to the provisions of the bill that render certain deed restrictions or agreements unenforceable under the circumstances discussed above. In addition, the definition would clarify that certain existing exemptions from development regulations prescribed in P.L.2013, c.107 (which apply when raising, repairing, or reconstructing certain structures to meet flood elevation standards) would be applicable in the case of a single townhouse or single row house, even when attached to or located within a complex, so long as title to each unit is held in fee simple.
2nd Reading in the Assembly, Environment and Solid Waste, Substituted by another Bill
Substituted by S2884 (1R)  (on 6/8/2017)
 
 
Date Chamber Action Description
6/8/2017 A Substituted by S2884 (1R)
5/22/2017 A Assembly Floor Amendment Passed (Tucker)
2/13/2017 A Reported out of Assembly Committee, 2nd Reading
2/13/2017 Assembly Environment and Solid Waste Hearing (19:00 2/13/2017 AR-211 (McKeon) (pending intro & referral) Opposes nomination of)
1/12/2017 A Introduced, Referred to Assembly Environment and Solid Waste Committee
Date Motion Yea Nay Other
Detail 2/13/2017 Assembly Environment and Solid Waste Committee: Reported Favorably 5 0 1