New ordinance changes lot coverage regulations

BY TALI ISRAELI Staff Writer

BY TALI ISRAELI
Staff Writer

MARLBORO — The Township Council has adopted a lot coverage ordinance that offers relief to residents looking to build accessory structures on their property.

According to the ordinance, “The Township Council desires to minimize the potential for overdevelopment on residential sites in the future by limiting the area permitted by builders and developers for the actual structures.

“The Township Council desires to lessen the burden on residential homeowners who wish to improve their property by constructing decks, patios, and pools on their properties without having to incur substantial legal and other professional consulting fees by having to make applications to the township’s land use boards for costly variances.”

According to zoning officer Sarah Paris, the ordinance works in two ways: by offering relief to residents who want to add accessory structures to their existing homes and by making it easier for future properties to have accessory structures built on them.

For existing homes the ordinance changes the definitions of impervious surfaces by eliminating from the lot coverage percentage the water area of a pool and decks that are 18 inches or more above the ground, Paris said.

Also, paver patios that are in a non-permanent setting will only count 50 percent. Paris said this was included to encourage residents to use pavers instead of concrete because pavers allow more water into the ground.

As for future homes, the ordinance limits the size of the actual structure of the home in order to leave room for accessory structures.

During the public hearing on the ordinance held May 5, resident Josh Pollack asked if the ordinance made lot coverage uniform all over town. He said his development has a maximum of 25 percent lot coverage while the majority of the town has about 35 percent. Pollack said the 25 percent maximum in his development puts a burden on being able to build on his property.

“If we had the luxury in our development of having the extra 10 percent like most of the township does it would alleviate our having to go to the township” to build a pool, patio or other accessories, Pollack said.

Mayor Robert Kleinberg said the ordinance was drafted based on the recommendation of a professional planner and engineer. The ordinance addresses as many residents’ concerns without the possible impact on adjacent homes, he said.

Councilman Barry Denkensohn said he was not sure what the scientific reason is that lot coverage is not uniform all over town, but said he assumes there is logic behind it.

Another concern Pollack brought to the attention of the council was that in other towns, paver patios are not considered in the lot coverage percentage at all, whereas in this ordinance they are considered 50 percent.

Denkensohn agreed and said 50 percent was onerous and he thought paver patios should only count 25 percent.

Council President Joseph Pernice said the ordinance was drafted to be more resident-friendly. Pernice said if the council does not make changes to the ordinance now there is always the option to amend it later.

Denkensohn made a motion to reduce the percentage that paver patios count from 50 to 25 percent; no one seconded the motion.

Jennifer Beahm, senior associate of Birdsall Engineering, said there is no scientific rationale to make it 25 percent other than it would be more resident-friendly. She recommended that the council keep it at 50 percent.

In comments to the News Transcript, former councilman and former zoning board member Grover Burrows said if lot coverage is increased there is a possibility of increasing flooding in the town. He said he does not understand how the council could take that chance when there is an acknowledged flooding problem in Marlboro.