Law proposes 12-ft. fence for homes near Route 18
BY REBECCA MORTON Staff Writer

MARLBORO - A resident whose home is adjacent to Route 18, a state highway, may soon have the ability to construct a 12-foot tall fence on the side or at the rear of his yard. An ordinance permitting that to occur was introduced at the Township Council's June 5 meeting.

C

ouncil President Jeff Cantor said

the ordinance arose from the ongoing noise and visual pollution issues that residents who live along the Route 18 corridor must contend with. He explained that since the state will not pay for the installation of sound barriers along Route 18, the hope is that a 12-foot fence will act as a noise buffer.

The proposed ordinance would amend the fences section of Marlboro's land use development and regulations and allow for fences over 6 feet in height for any property in a residential zone that has a side or rear yard adjacent to Route 18.

Residents who have a berm which exceeds 4 feet in height may not construct a 12-foot tall fence on top of the berm. The total height for residents with berms that are equal to or less than 4 feet in height may not exceed 16 feet in height.

A fence would be permitted to be built on the side or rear lot line adjacent to land owned by the state. If the side or rear yard fence is not erected on the lot line adjacent to lands owned by the state then the area between the fence and the state owned property must be landscaped in a diamond pattern. Landscaping must consist of a double row of white pine, white fir, Fraser fir, Colorado spruce, fir or Norway spruce trees, which must have a minimum size of 3 to 4 feet in height. The homeowner would be responsible for the upkeep of the area between the fence and the state owned property, according to the ordinance.

A fence built under these amendments would have to be constructed of wood, wood composite or another solid material that will have the ability to absorb sound. The fence must have a plain post and the side of the fence facing the highway may be treated, but must remain a natural wood color. The ordinance also requires uniformity in height.

Councilman Frank LaRocca suggested making the uniformity of the fences extend to allow for only one style of fencing material. LaRocca said his suggestion would allow for a uniform view to motorists who are driving on Route 18.

Township Attorney Ronald Gordon explained that the council could not regulate the type of fencing material that property owners would be permitted to use. Gordon said that in regard to uniformity the council members could only regulate the height of the fence, which had been included in the proposed ordinance.

Council Vice President Steve Rosenthal suggested that the council consider expanding the ordinance to include residents who may not reside along the Route 18 corridor but still face noise pollution issues from other roads such as Route 9.

Cantor suggested that the present ordinance be voted upon for first reading and that perhaps a follow-up ordinance could be crafted to include other areas of Marlboro.

Instead of crafting an additional ordinance, Councilwoman Randi Marder put forth the idea of allowing residents who do not reside along Route 18 to come forward on a case-by-case basis to request a variance in order to be permitted to construct a higher fence.

The ordinance regarding the height of the fences that would be permitted near Route 18 is expected to have its second reading, public hearing and possible vote for adoption at the council's June 26 meeting.

In other business, the Plan Endorsement Citizens Advisory Committee was created at the June 5 council meeting.

The committee members will work with the Smart Growth Program and assist or collaborate with the Planning Board in its duties, including adoption of, and amendment to, the master plan to guide the use of lands in a manner that protects the public health and safety and the general welfare of the community.

The Plan Endorsement Citizens Advisory Committee must consist of at least one representative of the Township Council, a Class IV member of the Planning Board, one representative of a local board, commission or committee not on the Planning Board and two representatives of the public who do not hold a position, employment or office with the township.

Marlboro's Plan Endorsement Citizens Advisory Committee will be made up of LaRocca, Planning Board Chairman Larry Josephs, Zoning Board of Adjustment member Adrianne Spota, Andrew Hegt, Seth Goldzweig, Stanley Rosen, Jay Solomon, Andrew Engel, Glen Malysz and Gerald Bergh.

Mayor Jonathan Hornik thanked the volunteers who will offer their time to help plan Marlboro's future development.

Also at the evening's council meeting, a resolution was approved for the purchase of a 2009 Ford E-350 Super Duty Ext XL Van for the Marlboro Police Department's Police Explorer Program.

The current van is 10 years old, Deputy Chief Eric Landau noted in paperwork related to the purchase. The new van will be purchased from Ditschman Flemington Ford, Lincoln Mercury of Flemington under state contract for an amount not to exceed $23,025. The new vehicle will be larger, allowing accommodation for three additional passengers.