[HISTORY: Adopted by the Township Council
of the Township of Marlboro 3-23-1972 by Ord. No. 4-72 (Ch. 76 of the 1981 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Land use and development — See Ch. 220.
This chapter shall be known and may be cited
as the "Home Buyer's Protection Code of the Township of Marlboro."
[Amended 2-25-1988 by Ord. No. 9-88[1]]
This chapter shall be administered, regulated
and enforced by the Division of Consumer Protection of the Department
of Community Relations. The Municipal Engineer shall be responsible
for the administration and enforcement of the provisions of this chapter.
[Amended 5-9-2002 by Ord. No. 2002-14[1]]
A.
Any owner or seller of land within the Township of
Marlboro within a major subdivision or residential site plan who has
obtained a preliminary approval to subdivide said land and construct
homes thereon shall, prior to the sale of said lots or homes upon
said lots, maintain a sales office, either within or outside of the
Township.
[Amended 7-15-1993 by Ord. No. 38-93]
B.
The sales office shall be opened during normal business
hours and shall have prominently displayed therein the following:
C.
The sales map shall be based on the Official Tax Map
information or some other similarly accurate base at a scale of not
less than 100 feet to the inch, or 200 feet to the inch (at the discretion
of the Municipal Engineer), throughout the map, which said scale shall
be clearly indicated thereon and shall be consistent in all directions
shown thereon. The map shall show the owner's approved subdivision
and all lands contiguous thereto for a distance of 1,500 feet, within
or outside of the Township of Marlboro.
[Amended 7-15-1993 by Ord. No. 38-93]
D.
The sales map shall clearly show and include for the
area within 1,500 feet of the subdivision the following information:
(1)
The location of proposed streets and the layout of
proposed lots within the subdivision.
(2)
The location of all state, county and municipal roads
in existence on the date of the final approval of the subdivision.
(3)
The location of all state, county and municipal roads
proposed and approved by any governmental agency having jurisdictions
to establish such roads. The location of all such roads shall be as
shown on the Official Master Plan adopted by the appropriate agency
of the state, county or municipality.
(4)
The location of all existing structures and wooded
areas within the subdivision and for a distance of 1,500 feet beyond
the boundaries of said subdivision.
(5)
A designation of the zoning district to be subdivided
and the zoning districts of all contiguous properties within the distance
of 1,500 feet.
(6)
The location of all railroads and railroad rights-of-way,
airports and airport runways, overhead easements for the transmissions
of power or otherwise and rights-of-way for public utilities.
(7)
The location of all public or private utility plants;
the location of all sanitary landfill operations in existence or proposed.
(8)
The location of all schools, parks, playgrounds and
public buildings.
(9)
The location of all streams, ponds and watercourses.
(10)
The location and description of any use approved
by the Board of Adjustment or other governmental agency having jurisdiction
during the previous three years. The Secretary of the Board of Adjustment
shall maintain a list of all variances granted during the previous
three years and shall make said list available to the Municipal Engineer.
[Amended 2-25-1988 by Ord. No. 9-88]
(11)
The location of all drainage ditches within
the area shown on the sales map.
(12)
The location of all conservation easements as
well as any other easements required by the municipality.
[Added 2-25-1988 by Ord. No. 9-88]
(13)
The location of any and all structures to be
erected or constructed by the developer.
[Added 2-25-1988 by Ord. No. 9-88]
(14)
The location of any and all restrictive covenants
required or approved by the municipality and a reference to the nature
or the type of restrictive covenant.
[Added 2-25-1988 by Ord. No. 9-88]
(15)
The location of any and all wetlands and wetland
buffer areas within the property of the development as determined
by field delineation and/or the NJDEPE.
[Added 7-15-1993 by Ord. No. 38-93]
(16)
The proposed percentage of lot coverage, including
impervious lot coverage, of any and all buildings, structures and
improvements to be erected or constructed by the developer for each
lot, and the maximum percentage of lot coverage, including impervious
lot coverage, permissible for each lot in the respective zoning district.
[Added 5-9-2002 by Ord. No. 2002-14]
E.
Sales map information; update.
[Amended 2-25-1988 by Ord. No. 9-88]
(1)
The information to be depicted on the sales map shall
be obtained from the Municipal Engineer, who shall provide said information
to the applicant within 30 days after a request is made. The Municipal
Engineer shall provide such information as may be required by the
applicant or his engineer to prepare the sales map, and, after a request
for same, the information so provided shall be deemed complete for
the purposes of complying with the requirements of this chapter.
[Amended 7-15-1993 by Ord. No. 38-93]
(2)
The Municipal Engineer shall review each sales map
displayed pursuant to the terms of this chapter not less than once
every six months and shall provide such additional information as
he may deem necessary to maintain the sales map in an up-to-date condition.
The Municipal Engineer may, from time to time as he deems necessary,
direct the owner or seller to display additional information on the
sales map so that same may be maintained in an up-to-date condition.
The information provided by the Municipal Engineer to the owner or
seller shall be included on the sales map within 30 days of receipt
of such order from the Municipal Engineer. The information provided
by the Municipal Engineer shall be deemed complete for the purposes
of compliance with the terms of this chapter.
(3)
The fee to the municipality for the engineering review
in accordance with this section shall be $100 per initial review and
$60 per revision. This fee shall be payable in order for the map to
become effective.
[Added 4-13-1989 by Ord. No. 13-89;
amended 2-25-2016 by Ord. No. 2016-4]
[Amended 2-25-1988 by Ord. No. 9-88]
A.
Certification form.
(1)
At or before the execution of the contract of sale
for any lot within a subdivision, the seller shall obtain, on a form
approved by the Municipal Engineer, a certification from the purchaser
that:
(a)
The sales map was on display and available for
inspection on any occasion of his visit to the sales office.
(b)
He/she had a reasonable opportunity to study
and review the sales map.
[Amended 5-9-2002 by Ord. No. 2002-14]
(c)
The owner or seller did not refuse or decline
to answer any question directed to him pertaining to the sales map.
(d)
He/she has read and understood the lot coverage
disclosures indicated on the sales map.
[Added 5-9-2002 by Ord. No. 2002-14]
B.
At or before the closing of title, the owner or seller of any lot within a subdivision shall obtain on a form approved by the Municipal Engineer, a certification from the purchaser that the owner or seller disclosed the as-built percentage of lot coverage, including impervious lot coverage, for the subject lot, and the maximum percentage of lot coverage, including impervious lot coverage permissible for each lot in the respective zoning district. The certification form shall include the definition of "lot coverage" and "impervious lot coverage" as set forth in § 200-3 of this chapter.
[Added 5-9-2002 by Ord. No. 2002-14[1]]
[1]
Editor's Note: This ordinance also provided
for the redesignation of former Subsection B as Subsection C.
All the requirements set forth in this chapter
with regard to the sale of lots shall apply with equal force and effect
to lands which have been previously subdivided pursuant to all, and
from and after the effective date of this chapter, all owners of subdivided
land shall comply forthwith.
[Amended 12-10-1981 by Ord. No. 47-81]
A.
If any person engages in the sale of lots within a subdivision without first displaying the sales map as required herein, the owner of the subdivision shall be subject to a fine as provided in Subsection B per day for each day that said sales map is not displayed as required herein, and each day shall be deemed a separate violation of this chapter.
B.
The owner of a subdivision who shall fail to file the certification of compliance as required herein shall, upon conviction, be subject to the penalties as provided in § 4-3 of the Code.
C.
In addition to the foregoing, if the owner or his
agents continuously, for a period of five days or more, fail and refuse
to comply with the requirements of this chapter, the municipality
may institute and maintain action for injunctive relief to prohibit
the continued sale of lots within the subdivision until compliance
with this chapter is complete.
