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Illegal Home Construction Nets Township Open Space Funds
By Catherine Snipe
The township now has more money for open space, but officials had to do some research to find out why.
The township council approved a "donation" of open space monies this week as a result of a state Department of Environmental Protection decision. The landowner apparently was ordered to pay by the state Department of Environmental Protection, said township Administrator Scott Pezzaras.
When Councilman Dan Toth asked how the money came to be, Pezzaras said it was unclear how the township was involved, and set out to find out why in time for this week's council meeting. He did, and the council unanimously accepted the funds at its meeting Tuesday.
The landowners previously submitted an application to the DEP for construction of a single family home, but the application was denied though the house remained.
The DEP ruled $27,500 must be paid to Brick Township, but the house would not have to be torn down, Pezzaras said.
Brick Township is involved because the land was once part of Coastal Area Facility Review Act (CAFRA) funding the township received. Much to Pezzaras's surprise, the DEP ruled that because of this, the township could accept the money. That means Brick has $27,500 more to use for open space, as the ruling stipulates the funds must only go toward public access and open space acquisition.
The township council voted to put the money in its established Open Space and Historic Trust Fund.
However, council members said the action was a mixed message when it comes to how it enforces its own land use laws. If an applicant builds something that breaks the law, does this send the message that the construction is acceptable as long as a fine is paid? Or should illegal structures be torn down or rebuilt to comply with the land use ordinances?
This question opened up about an hour's worth of discussion at last week's caucus meeting. Toth is concerned with the property maintenance side of that question. He sees abandoned cars and boats sitting in resident's property and wonders if the property maintenance codes need to be strengthened.
Councilman Mike Thulen proposed an ordinance that would change when variances expire. The council will vote whether to increase the time an applicant has to build the approved project. Now, the applicant has nine months after approval to build the project before the variance expires. The proposed ordinance would change that to two years.
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