Upper Freehold OKs 35-ft. building-height maximum
Township still reviewing fence height requirements
BY JANE MEGGITT Staff Writer

UPPER FREEHOLD — The maximum building height in the township has increased from 30 feet to 35 feet.

The height ordinance, which passed in a 4-0 vote, was the only proposed ordinance voted on at the Aug. 7 Township Committee meeting. Committeeman David Reed was absent.

The height ordinance, which makes an exception for fire stations, first aid buildings and churches, brings township regulations in line with those in other municipalities, according to Township Planner Charles Newcomb.

An ordinance changing fence height requirementswas also considered, but was carried to the Sept. 4 meeting. Newcomb had recommended that the committee modify the height requirement for fences in side yards to a maximum of 6 feet under certain conditions.

The proposed ordinance states, "On any lot in any district, no wall shall be erected or altered so that said wall shall be over 4 feet in height in front and side yards and 6 feet in height in rear yards, and in any district, fences shall be erected or altered so that said no fence shall be over 4 feet in height in front and side yards which extends from the rear portion of the principal structure and intersects with the right-of-way and 6 feet in height in the rear yard and side yard which extends from the back of the principal structure to the rear property line."

During the public hearing, resident Al Trenton pointed out that nursery fencing for deer is 7 feet tall.

Dr. S. Perrine Dey, an equine veterinarian, said the ordinance read "any lot," which he would assume to include farm lots.

"With equines, we need an 8-foot fence maximum," Dey said. "It can be the fence on the side of the lot."

Newcomb said the Planning Board discussed the issue of farm lots, and said the amendment to the ordinance would strictly apply to residential lots. He said it would not affect nursery operations with deer fencing or farms with horse fencing.

Township Administrator Barbara Bascomsaid the Planning Board comments state that the ordinance would only apply to residential lots, but the ordinance does not include that language.

Newcomb said the ordinance could spell out the exceptions for equine, nursery and farming operations, but the Township Committee would have to re-introduce the ordinance with the amended language.

Committeeman Stanley Moslowski Jr. said there are many deer in the township, and some residents may want to put up 6-foot fences to deter them from eating ornamental plantings. He asked if those homeowners would need a variance. Mayor Steve Alexander said they would need one.

Township Attorney Granville Magee said the fencing issue is a good example of why public hearings are held. He said the hearings give residents a chance to tell the governing body what the Planning Board should have considered when drafting the ordinance.