Sellers will be required to prove structures legal
BY REBECCA MORTON Staff Writer

MARLBORO - The Township Council has taken steps to help residents deal with various zoning issues by voting in favor of several ordinance amendments upon their first reading.

The first ordinance to be read at the council's Sept. 6 meeting was to amend the Marlboro's code dealing with certificates of continued occupancy (CCO).

Citizens' frustrations were discussed as the council members spoke of the trouble some new homeowners have faced when moving into a previously owned home. For example, the new homeowner may discover that a structure on the property such as a shed was built illegally by the previous homeowner without a permit.

The amendments will require a person selling a home to have a CCO deeming the structure is in compliance with all provisions in the most current version of the International Housing Maintenance Code.

Within this ordinance no CCO will be issued until the property has been inspected by the zoning officer. Also, any non-conforming structure (either built without a permit or approval, or built in violation of applicable township ordinances) that has been on the property prior to 1990 will be exempt from the requirement of obtaining the requisite approval for the structure.

The provisions to the above include that the old structure is not going to be replaced. If there are plans for replacement the new structure will have to comply with all standards and ordinances. The existing structure must also not present a threat to the health, safety or welfare of the public. If deemed a threat then the structure must be replaced in conformance with all codes. The property owner must submit an affidavit attesting that the structure was built prior to 1990.

Councilman Joseph Pernice said the action is "to protect our residents" and he went on to say the council does not want residents to be penalized for the actions of past owners.

Another first reading took place of an ordinance amending the Senior Citizen Residential and Single-Family (RSCS) zoning code.

Previously the council members accepted the recommendations of the Planning Board when they set forth Marlboro's master plan. Included within that was the deletion of all exceptions to the age restriction requirements in the RSCS district, as well as an increase in the maximum lot size of the properties in the same zoning district.

Upon hearing how this has affected some homeowners, the council has added a grandfather clause to the RSCS zoning district section to make it less burdensome when residents wish to make improvements on their now non-conforming lot.

Both of these issues will be considered for final passage on Sept. 20. Residents may comment on the ordinances at that time.

In other action on Sept. 6, the council members and Mayor Robert Kleinberg recognized three members of the Marlboro Police Department.

Detective John Bise and Detective Erik Nolte each received an award in recognition of their work on the investigation into an assault on a resident.

Patrolman James Donovan received an award in recognition of the assistance he provided to a person who suffered a heart attack. Donovan was off-duty in Staten Island, N.Y., when he administered cardiopulmonary resuscitation to the individual and helped save the person's life.

And, Marlboro's wrecker ordinance was once again a topic of discussion. Members of the public spoke out about the proposed changes, with some saying that the penalties for falling below the standard were too lenient.

The council members listened to the citizens' comments as they continue to consider making changes to the ordinance. The new changes, including maintaining a list of seven wreckers

towing companies), are expected to be heard at the council's Sept. 20 meeting.

Council members voted 5-0 to inform state officials that they are opposed to the sale, lease or other liquidation of the New Jersey Turnpike, the Garden State Parkway and the Atlantic City Expressway. Copies of the letter will be delivered to Gov. Jon Corzine, the commissioner of the state Department of Transportation, the New Jersey Senate and General Assembly, state Sen. Ellen Karcher, Assemblywoman Jennifer Beck and Assemblyman Michael Panter.

The council announced that a public forum has been scheduled for 7 p.m. Sept. 27 at Town Hall at which noise issues associated with Route 18 will be discussed.