Substantially Damaged Homes In Toms River: What They Are And How To Appeal

Vincent J. DelRiccio, Esq.

By: Vinny DelRiccio, Esq. of R.C. Shea & Associates

Under Section 313-5 of the Toms River Municipal Code, a structure is deemed to be “substantially damaged” if the costs of restoring a damaged structure to its pre-damaged state would equal or exceed 50% of the market value of the structure before it was damaged. In other words, if the value of the damage, divided by the market value of the structure prior to the damage is over 50%, the structure is substantially damaged.

In the aftermath of Superstorm Sandy, in October of 2012, many homes in Toms River were deemed to be substantially damaged. A determination that your home is substantially damaged could have serious effects on your ability to obtain building permits, gain site plan approval, and could required you to elevate your home.

In March of 2022, the Township of Toms River put a new process in place by which a homeowner can appeal the determination that their home is substantially damaged. There are two approaches under which an appeal can be successful: 1) the damage to the home is lower than the Damage Estimate calculated; 2) the pre-damaged home was worth more than it was assessed for.

Under the first approach, the Township will consider factors such as proof of loss from insurance, invoices from contractors who worked on repairing the home, and receipts for materials. These will then be compared against the Damage Estimate from the FEMA Inspectors. Under the second approach, the Township will consider factors such as a tax appeal determination from the year the damage occurred, or an appraisal from a NJ Licensed appraiser for the pre-damage value of the home. The appraisal or tax appeal decision will then be compared to the 2012 tax assessor’s improvement value for the home.

If you feel your home has been inaccurately deemed substantially damaged and would like to file an appeal, please give the attorneys at R.C. Shea & Associates a call for a consultation.

Real Estate

Toms River House For SaleSarasota 2 Bed 1 Bath, Brand new appliances, brand new paint, brand new carpets throughout. Open house Thur, Fri, Sat, Sun, May 11th -June 4th, 521 Jamaica Blvd. Holiday City 08757; or call 732-569-3174. (24)

Estate Sale

ESTATE SALE – Old furniture, collectibles, all gotta go. 732-267-6232. (22)

Garage Sale

Annual Community Garage Sale - At Greenbriar I, Burnt Tavern Road, Brick on Saturday, June 3 (rain date Sunday, June 4) from 9-3. Over 60 families will be holding sales. Follow the balloons for the streets participating. Call 732-840-9496 with questions. (23)

Garage Sale 492 St. Thomas Dr., Toms River - Holiday City/Berkeley - Fri, Sat and Sun - May 19, 20, and 21, 2023 (R/S). 908-230-3822.

All items must sell! From BricA-Brac to clothing to books and sporting goods. 8:30 a.m. to 4:30 p.m./3 days/Don't miss this! (23)

Items For Sale

For Sale - Large cocco brown couch $250; Two twin beds white headboard/footboard $200; Black with six drawers, $300. Please call Mary 732-475-7770. (23)

Items Wanted

COSTUME/ESTATE JEW -

ELRY Looking to buy costume/ estate jewelry, old rosaries and religious medals, all watches and any type of sterling silver, bowls, flatware candlesticks or jewelry. Same day house calls and cash on the spot. 5 percent more with this AD. Call Peggy at 732-581-5225. (t/n)

$$$ WANTED TO BUY $$$

Jewelry and watches, costume jewelry, sterling silver, silverplate, medals, military items, antiques, musical instruments, pottery, fine art, photographs, paintings, statues, old coins, vintage toys and dolls, rugs, old pens and postcards, clocks, furniture, brica-brac, select china and crystal patterns. Cash paid. Over 35 years experience. Call Gary Struncius. 732-364-7580. (t/n)

Vinyl Records Wanted - Paying cash for LP albums. Rock, Blues, Reggae, Soul. Very good condition only. Call Rick 908-616-7104. (21)

Junk or Wrecked Cars and Trucks

Wanted - Cash paid. 732-6577251, Steve. Thanks. (22)

CASH, CASH, CASH! - Instant cash paid for junk cars, trucks, vans. Free removal of any metal items. Discount towing. Call Dano 732-239-3949. (t/n)

Don't pawn your coins - Call me first. I pay more. Old coins, currency. Will cash in your change. Chris 848-210-7372. (23)

Cash Paid! - For LP Records, reel to reels, 45/33. Travel to you or meet. We pick-up the phone, Eddie 732-829-5908. (20)

Cash - Top dollar, paid for junk, cars running and nonrunning, late model salvage, cars and trucks, etc. 732-928-3713. (t/n)