Lavallette Clears Up Building Code: Rooftop Decks, Access Prohibited

Lavallette Borough Hall (Photo: Daniel Nee)

Lavallette officials last week adopted new regulations to clarify the borough’s building code, formally prohibiting rooftop decks and access above the second story of new homes.

“We’ve basically always had it,” explained Councilwoman Joanne Filippone, however the code needed clarification based on some recent planning board applications. “Our current ordinance states that there be no development above the second level, and so does this one.”

Under the new ordinance, which passed unanimously, no development can occur above the second floor of a residential home, including rooftop decks, bell towers, lighthouse-style “rooms” and widow’s walks. Beyond the baseline prohibition, no features will be allowed that enable access to the roof, or anything above the second floor, in order to prevent such accessories to evolve into rooftop decks or similar.

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Lavallette’s building code restricts building height to 30 feet in the borough’s three residential zones, with all requiring no more than two floors, over each other, of living area. The code also allows for a “half story” above the two floors, but it cannot be habitable and can only be used as storage space or to house mechanical equipment, such as heat or air conditioning. This usually comes in the form of a gable or gambrel-style roof.

The primary issue that needed clarification was the inclusion of rooftop decks, which were never intended to be allowed under the code.

“There are a couple in town that were approved by a former zoning officer, but we don’t want third-story decks,” said Filippone.

The borough also saw another application come before the planning board that sought permission to include what was described as a “light tower” structure atop the home. It was approved with modifications, however officials believed the code should be updated to better reflect the intent of the governing body.

“We’re concerned that the second floor ceiling could be extended over an opening,” said Filippone. “So instead of having a vaulted tower, you could have access to a third-story deck.”

The revised ordinance goes into effect 20 days after publication in a print newspaper, in accordance with state law.