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July 16, 2008
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12-foot fence permitted on properties near Route 18

MARLBORO - An ordinance that will allow a 12-foot tall fence to be placed on the property of homes that abut the Route 18 right-of-way was adopted by the Township Council on June 26.

The ordinance arose from the ongoing noise and visual pollution issues that residents who live next to the Route 18 corridor must contend with.

Council President Jeff Cantor previously explained that since the state will not pay for the installation of sound barriers along Route 18, the governing body's hope is that a 12-foot tall fence will act as a noise buffer between the highway and residential properties.

The ordinance adopted by the council amends the fence section of Marlboro's land use regulations and allows for fences more than 6 feet in height to be placed on any property in a residential zone that has a side yard or rear yard that abuts 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 abutting 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 must remain a natural color. The ordinance also requires uniformity in height.