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Reworked home height law may be introduced Nov. 28 BY KATHY BARATTA Staff Writer
MANALAPAN - An ordinance that concerns the height of homes to be constructed or renovated in Manalapan is itself being reconstructed for a new introduction Nov. 28.
After conducting a public hearing on the previous version of the ordinance on Oct. 10, the Township Committee decided on Nov. 7 to reintroduce a different version of the proposed law.
Township planner Richard Cramer said tabling the matter in order to fine tune the proposed ordinance was the fair thing to do.
"It's a worthy cause what we're trying to do while not adversely affecting people in the southern end of town," Cramer said, referring to concerns expressed by people who have 4-acre home sites, as opposed to residents who have a 1-acre or 2-acre lot.
The ordinance seeks to establish parameters regarding an allowable height for residential renovations and new home construction. The parameters will apply throughout the township regardless of the lot size that is required in a particular zone.
According to municipal officials, although Manalapan already has an established maximum building height of 35 feet, complaints have been brought to the attention of officials due to situations in which fill dirt was placed in a mound so that the finished home would end up being 10 or more feet higher than the original grading of the building lot and neighboring lots.
The ordinance was proposed in order to eliminate the increased height of a home from providing a viewing vantage point into the yards and interiors of neighboring homes.
In October township officials heard from several residents opposed to a height restriction law who are property owners in the southern end of Manalapan (across Route 33 in the Sweetmans Lane, Kinney Road, Thompson Grove Road and Woodward Road vicinity) where there are larger residential lot size requirements as opposed to the northern end of the township.
Cramer observed that the restrictions had to be applied so as not to adversely affect people who are seeking permission to build a home on a 4-acre lot where impinging on a neighbor's quality of life is not as imminent a concern as it might be in a development where homes are built closer together.
"We need to provide a remedy for people who are going to build sufficient to what they want on a 4-acre lot. We want to draft [an ordinance] accordingly to fit everyone's needs," he said.
Committeeman Richard Klauber said, "I want to make sure when we get to the final draft, it's what we need it to be."Township Attorney Caroline Casagrande explained that she, Cramer and Township Engineer Greg Valesi had brainstormed the matter and, said Casagrande, "I think we came up with a solution."
Deputy Mayor Michelle Roth, noting that the proposed ordinance restrictions would, if adopted, only be an additional point on a to-do list for those seeking to construct a new home or renovate an existing one, asked Cramer how often a residential development was completed in Manalapan without some variances or waivers being requested.
Cramer said that occurrence was rare, which prompted Roth to observe, "So this is really another step in a process already under way."
Roth has said while developers of new homes would not be prevented from constructing basements, any deviations from the parameters of the proposed ordinance would need to obtain variance approval from the Zoning Board of Adjustment or the Planning Board.
According to the ordinance in its present form, the law intends to establish that soil grading cannot include "mounding, terracing or other devices designed to allow increased building height."
The ordinance was also purported to be structured to meet the statutory requirements detailed in the state's Conservation of Natural Topography which dictates that grading for any project "shall not alter the natural contour of the land by more than 3 feet unless it is needed for management of storm water runoff."
Also, the foundation of any structure will not be allowed to be exposed by more than 4 feet on all sides, according to the ordinance as presently written.
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