Prepared by _______________________________
MUST BE FILED IN OCEAN COUNTY CLERK’S OFFICE
DECLARATION OF DEED RESTRICTION
This Declaration of Deed Restriction is made this _______ day of ________________,
By: ______________________________________________ (Declarant),
Property located at: (local address) _______________________________________, hereinafter
referred to as “Declarant.”
WITNESSETH
WHEREAS, the Declarant is the owner of certain real property located in the Borough of
Beach Haven, County of Ocean, New Jersey designated as Lot ________, Block _______, on the
official Tax Map of the Borough of Beach Haven; and
WHEREAS, the covenants, terms, conditions, restrictions and purposes imposed with this
declaration shall not only be binding upon the declarant but also upon his, her, their or its agents,
personal representatives, assigns and all other successors to it in interest, and shall continue as a
servitude running in perpetuity with the property.
NOW, There is hereby imposed upon the lands described herein a restrictive covenant
advising all future owners of the said lands whether acquired by conveyance, inheritance or
otherwise that the lands may only be used in accordance with flood regulations established by
the Federal Emergency Management Agency (FEMA). A violation of any of the said FEMA
regulations may result in:
A. An issuance of a summons returnable in the Municipal Court of the Borough of
Beach Haven, or any other appropriate Court having jurisdiction, providing for a fine
of not less than $100 nor more than $1,000 per day, or such greater or lesser fines as
may be permitted by law for each and every day that any violation of the said FEMA
flood protection regulations are violated; or
B. Subject the owner of the lands to an action in the Chancery Division, Superior Court
of New Jersey or any other court having injunctive jurisdiction for a mandatory
injunction compelling the owner to remove any violations of the said FEMA
regulations.
By acceptance of title to the lands encumbered hereby, any owner thereof whether title be
acquired by Deed of conveyance, inheritance or otherwise, grants to the appropriate inspection
officers of the Borough of Beach Haven the right upon 48 hours advance notice to inspect the
areas of any structure located on the lands which area lies below the base flood elevation (BFE)
as defined by FEMA regulations in order to determine compliance with such regulations and for
a failure to permit such inspection, the owner of the lands may be subject to Complaint
returnable in the Municipal Court of the Borough of Beach Haven and may be subject to a fine
not less than $100 per day nor more than $1,000 per day, or any such greater or lesser amounts
as may be permitted by law for each and every day which inspection is refused.
IN WITNESS WHEREOF, the Declarant has set its hand and seal on the day and year
first above written, and directs that this instrument be recorded in the office of the Ocean County
Clerk.
WITNESS:
_________________________________ Signature _________________________
Print ____________________________ Print _____________________________
Signature ________________________
Print _____________________________
STATE OF NEW JERSEY, COUNTY OF :SS
I CERTIFY that on ________________,
_________________________________ __________________________________
Personally came before me and stated to my satisfaction that this person (or if more than one,
each person):
(a) Was the maker of the attached instrument; and
(b) Executed this instrument as his or her own act
__________________________________
Notary