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

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.