Law addresses building height
BY TALI ISRAELI
Staff Writer

MARLBORO - The Township Coun-cil has introduced an amendment to an existing ordinance in a bid to clarify building height requirements in the municipality. The ordinance is scheduled for a public hearing and possible vote for adoption Feb. 15.

According to Township Attorney Andrew Bayer, the current ordinance requires buildings to be 35 feet or three stories tall.

Council President Jeff Cantor previously stated that the language of the current ordinance is vague and permits buildings to be more than 35 feet tall if the structure is three stories.

The amended ordinance would, if adopted, require buildings to be either two-and-a-half stories or three stories tall, depending on the residential zone, but in no case is the structure permitted to be more than 35 feet tall.

Bayer said Cantor asked the council to look into the ordinance after an issue arose with the Chelsea Square development on Route 79. Bayer said although the buildings in Chelsea Square are only three stories high, they are taller than 35 feet.

The height of a building is measured by the median of the roof and the average level of the ground around the building. Bayer said this permits a pitched roof to be more than 35 feet in some cases.

The attorney added that under state law three stories can be as high as 50 feet; he said the amendment to be considered by the council would make Marlboro's ordinance stricter.

Bayer said the township planner reviewed the amendment and approved the language of the ordinance.

A grandfather clause is included for all development that has already been built.

However, the council also discussed adding a grandfather clause for any pending housing plans or court ordered housing projects.