ORDINANCE 201-08
AN ORDINANCE AMENDING CHAPTER XXXV ENTITLED "LAND USE REGULATIONS" OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF UPPER FREEHOLD, AS HERETOFORE SUPPLEMENTED AND AMENDED
WHEREAS, the Township Committee previously adopted a Land Use Ordinance Section 35-500 GENERAL PROVISIONS AND DESIGN STANDARDS; and
WHEREAS, within Section 35-500 GENERAL PROVISIONS AND DESIGN STANDARDS there is found a subsection entitled FENCES AND WALLS; and
WHEREAS, the Township Planner in a memorandum, dated May6, 2008, brought to the attention of the Township Committee problems with the Township’s fence provisions within all of the zoning districts; and
WHEREAS, the Township Planner recommended that the Township Committee modify the height for fences in a side yard increasing the height to a maximum of six feet under certain conditions: and
WHEREAS, the Township Committee at its meeting of May 15, 2008 discussed and agreed that an ordinance should be drafted including the recommended: language and
NOW THEREFORE BE IT ORDAINED by the Township Committee of the Township of Upper Freehold, in the County of Monmouth, and State of New Jersey, as follows:
Section 1. : Section 35-505B "Height Requirements" of The Revised General Ordinances of the Township of Upper Freehold, as heretofore supplemented and amended, is hereby further amended to change the maximum height of side yard fences as follows:
"On any lot in any district, no wall shall be erected or altered so that said wall shall be over four feet (4') in height in front and side yards and six feet (6') in height in rear yards, and in any district, fences shall be erected or altered so that said no fence shall be over four feet (4') in height in front and side yard which extends from the rear portion of the principal structure and intersects with the right-of-way and six feet (6') in height in the rear yard and side yard which extends from the back of the principal structure to the rear property line.
Section 2 This ordinance shall take effect immediately upon final adoption, publication and filing of said ordinance with the Monmouth County Planning Board, all in accordance with law.
This ordinance shall take effect upon its adoption and publication according to law.
All Ordinances or parts thereof which are inconsistent with or in conflict with this Ordinance or any part hereof are hereby repealed to the extent of said inconsistency.
If the provisions of any Section, subsection, paragraph, subdivision or clause of this Ordinance shall be adjudged invalid by a Court of competent jurisdiction, such Order or Judgment shall not affect or invalidate the remainder of any Section, subsection, paragraph, subdivision or clause of this Ordinance or any other Ordinance which is referred to herein by reference and to this end, the provisions of this Section, subsection, paragraph, subdivision or clause of this Ordinance are hereby declared to be severable.
This Ordinance shall take effect immediately upon its passage and publication according to law.
Approved on First Reading: June 5, 2008
Approved, Passed & Adopted: _
DATED: _______________________ ATTEST:
___________________________________ ______________________
Stephen J. Alexander, Mayor Barbara L. Bascom, RMC/CMC
Administrator/Clerk