MANALAPAN – An ordinance concerning the height of homes to be constructed or renovated in Manalapan was tabled following a two-hour public hearing at the Oct. 10 meeting of the Township Committee.
The matter was carried to the committee’s Nov. 7 meeting.
Prior to the Oct. 10 meeting of the committee, the Planning Board reviewed the proposed height ordinance that was developed by township planner Richard Cramer. The board voted 8-1 in favor of the proposed ordinance and forwarded it to the committee for a public hearing and adoption.
The ordinance seeks to establish pa- rameters regarding an allowable height for residential renovations and new construction. The parameters will apply township-wide regardless of the lot size that is required in a particular zone.
Deputy Mayor Michelle Roth also sits on the Planning Board. She said while 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 result in the building actually being some 10 or more feet higher than the original grading of the building lot and neighboring lots.
Roth said the concerns of some people were that the increased height of a particular home would provide a viewing vantage point into the yards and interiors of neighboring homes. She said the proposed ordinance would ensure that construction conformed to the natural topography of a given area.
According to Roth, while new homes would not be prevented from constructing walk-out basements, any deviations from the parameters of the proposed ordinance would need variance approval from either the Zoning Board of Adjustment or the Planning Board.
Asking, “Why reinvent the wheel?” Roth explained that Cramer had modeled the proposed ordinance after laws in six neighboring municipalities and with input from township engineer Greg Valesi and the New Jersey League of Municipalities.
Valesi was present at the Oct. 10 meeting, but Cramer was not. Committee members said Cramer would attend the Nov. 7 meeting and be available to answer questions regarding the ordinance.
According to the ordinance, the law intends to establish that soil grading cannot include “mounding, terracing or other devices designed to allow increased building height.”
The ordinance will 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 Roth, the ordinance will prevent construction and renovation applications from resulting in a person’s second floor addition looking into someone’s bedroom or living space next door.
Among those objecting to the proposed ordinance was attorney Michael DiSaro, representing Paramount Homes, which is constructing the Manalapan Ridge development on Route 537.
DiSaro said the development is almost finished. According to DiSaro, the adoption of the ordinance will result in the homes the builder has already constructed being rendered non-conforming which means any work on the property would require a variance.
“To have to come in for variances now, I think, is beyond the intent of the ordinance,” he said.
Attorney Paul Schneider, representing the Shore Builders Association of Central New Jersey, presented testimony from James DeLand Jr., a planner, who said he was putting an objection on the record challenging the legality of the proposed ordinance.
DeLand said while he understood the intent of the ordinance, he said that as proposed it goes too far and is too restrictive. According to DeLand, the ordinance as proposed would require two-story homes to have flatter than normal roof slopes.
DeLand also said any applications which have already been approved should be grandfathered and not subject to the parameters set forth in the proposed ordinance.
Iron Ore Road resident Gary Fishman addressed the governing body and said he already has a plan and engineering approval for what he called his “dream house.” Noting that a significant amount of time and money has already been poured into the application, Fishman said the ordinance, if adopted as proposed, could render his plans moot and have brought construction to a halt.
He said until he has clarification as to what approvals are grandfathered he cannot proceed with his spring plans for construction. He asked the committee members if he could be granted an exemption from the ordinance if it is adopted.
Township Attorney Caroline Casagrande nixed that proposal, noting, “We would be opening a can of worms if particular exemptions were granted.”
Casagrande also opined that anyone who ends up having to go for a variance would have had to get one regardless of the ordinance.
Some residents wanted to know why the ordinance could not be applied to specific zoning areas in town.
Casagrande said it was the opinion of the Planning Board’s attorney that tailoring the ordinance to specific zones would not withstand a legal challenge.