Ordinance Restricting Construction on Undersized Lots Remains in Development

An ordinance based on the township planner's report that would restrict building on undersized residential lots — an issue for some in Pine Lake Park section — remains in development.

The report, prepared by Thomas Planning Associates in May, recommends that the township adopt an ordinance limiting the size of homes that can be built on such lots based on the floor area in comparison to the lot's total square footage. It went before the township's zoning and , but has not yet been introduced as an ordinance by the Township Council.

"We're still working on it," said Business Administrator Elena Zsoldos at the council's regular meeting this week. "There were some questions about height restriction."

Those who want to build on lots smaller than 100 by 100 feet are generally granted a variance because of the precedent set by the 1987 Dallmeyer case heard before New Jersey Superior Court.

Pine Lake Park, an area where development began about 100 years ago, well before the township's master plan was created, contains 702 lots that are 100 by 100 feet or smaller, according to the report. 

Zsoldos said that she has asked for clarification from township planner Tom Thomas. Once that information is returned, it will be forwarded to the township's development boards. 

"I would like to forward that response to the Planning Board and the Board of Adjustment for additional comments," she said. 

Planning Board members reviewed the ordinance in early July and passed a resolution stating that they received it and gave it their consideration. 

"I think it is the only possibly solution to the problem that complies with municipal land use law," said board attorney Edward Liston at the July 3 regular meeting.

In February, Zoning Board of Adjustment members denied an undersized lot construction variance to a Freehold realtor, a decision that is expected to be overturned by an appellate court. Since then, the township has been looking for solutions to limit construction on these smaller lots.