Township of Marlboro, NJ
Monmouth County
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Table of Contents
Table of Contents
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Marlboro. Any action taken by the Planning Board and Zoning Board of Adjustment under the terms of this chapter shall give primary consideration to the requirements of this chapter and to the welfare of the entire community.
[Amended 12-16-2004 by Ord. No. 2004-27]
A. 
There shall be no appeals to the Township Council of any final decision of the Planning Board.
B. 
In accordance with N.J.S.A. 40:55D-17, any interested party may appeal to the Township Council any final decision of the Zoning Board of Adjustment approving an application for development pursuant to Subsection d of N.J.S.A. 40:55D-70. Said appeal shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal, specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented, within 10 days of the publication of the final decision by the Zoning Board of Adjustment. The appeal shall be decided by the Township Council only upon the record established before the Zoning Board of Adjustment. The procedure for the appeal shall comply with N.J.S.A. 40:55D-17.
C. 
Except as permitted by Subsection B of this section, there shall be no appeals to the Township Council of any final decision of the Zoning Board of Adjustment.
[Amended 9-10-1992 by Ord. No. 21-92[1]]
Notice of the hearing on an amendment to this chapter proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the Master Plan by the Planning Board pursuant to N.J.S.A. 40:55D-89, shall be given prior to adoption in accordance with the provisions of N.J.S.A. 40:55D-62.1. A protest against any proposed amendment or revision of a zoning regulation may be filed with the Municipal Clerk, signed by the owners of 20% or more of the area either of the lots or land included in such proposed change, or of the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of 2/3 of all the members of the governing body of the municipality.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Establishment and composition.
(1) 
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., as amended, consisting of seven residents of the Township of Marlboro appointed by the Council to serve for terms of four years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial term of no member shall exceed four years. Thereafter, the term of each member shall be for four years. Nothing in this chapter shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed.
(2) 
No member of the Zoning Board of Adjustment may hold any elective office or position under the Township, except that one member may be a member of the Planning Board.
(3) 
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
(4) 
There shall be two alternative members appointed by the Township Council and designated by the Township Council as "Alternate No. 1" and "Alternate No. 2," each for a term of two years. Alternate members may participate in discussions of the proceedings but not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
(5) 
Quorum. If the Zoning Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Zoning Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice.
[Added 9-10-1992 by Ord. No. 21-92]
B. 
Zoning Board of Adjustment authority.
(1) 
No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zoning Plan and zoning regulations. An application under this section may be referred to any appropriate person or agency, including the Planning Board pursuant to this chapter, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
(2) 
The Zoning Board of Adjustment shall have such powers as are granted by law to:
(a) 
Hear and decide, by majority vote, appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an Administrative Officer based on or made in the enforcement of the zoning provisions of this chapter.
(b) 
Hear and decide, by majority vote, requests for interpretation of the Zoning Map or regulations or for decisions upon other special questions upon which such Board is authorized by the zoning regulations to pass.
(c) 
Grant, by majority vote, upon an application or an appeal relating to a specific piece of property, a variance from the strict application of the zoning regulations where, by reason of exceptional narrowness, shallowness or shape of such property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation in this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, so as to relieve such difficulties or hardship, including a variance for a conditional use; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use; and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to this chapter.
(d) 
In particular cases and for special reasons, grant a variance to allow departure from regulations of this chapter to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4; an increase in the permitted density as defined in N.J.S.A. 40:55D-4 and § 220-4 of this chapter, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members of the Zoning Board of Adjustment. If an application for development requests one or more variances but not a variance for one of the six purposes enumerated above, the decision on the requested variance or variances shall be rendered under Subsection B(2)(c) of this section.
[Amended 9-10-1992 by Ord. No. 21-92]
(e) 
Direct the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on an adopted Official Map whenever one or more parcels of land located in these areas cannot yield a reasonable return to the owner unless a building permit is granted, provided that the approval given will as little as practicable increase the cost of opening such street or tend to cause minimum change to the Official Map, and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public. However, the Zoning Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60.
[Amended 9-10-1992 by Ord. No. 21-92]
(f) 
Direct the issuance of a permit for a building or structure not related to a street where the denial of the permit would entail practical difficulty or unnecessary hardship or the circumstances do not require the building or structure to be related to a street, except that the issuance of such a permit shall be subject to conditions that will provide adequate access to fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and subject to conditions that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Master Plan. However, the Zoning Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to N.J.S.A. 40:55D-60.
[Amended 9-10-1992 by Ord. No. 21-92]
C. 
Appeals and applications to the Board of Adjustment. Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an Administrative Officer of the municipality based on or made in the enforcement of the zoning regulations or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
D. 
Referral of applications to appropriate agency. Any application under any subsection of this section may be referred to any appropriate person or agency, including the Planning Board, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
E. 
Time for approval.
(1) 
Whenever an application for development requests relief pursuant to Subsection B of this section, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by the developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(2) 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Zoning Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.
(3) 
An application for development shall be complete for purposes of commencing the applicable time period when it conforms to the definition of a "complete application" as contained in the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975, as amended, and when the applicant complies with the requirements of the applicable checklist(s) set forth in § 220-8J below.
[Added 12-12-1996 by Ord. No. 38-96; amended 12-17-2009 by Ord. No. 2009-41]
F. 
In the granting of hardship and use variances, a time limit of one year from the date of the variance approval shall be set within which the owner shall secure a building permit, otherwise the variance granted shall be null and void. This time limit may be extended by the approving agency for good cause shown.
G. 
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to this chapter or conditional use approval pursuant to this chapter whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to Subsection B(2)(d) of this section. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning provisions. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the aforesaid Subsection E of this section shall not be required.
H. 
Provisions applicable to both Zoning Board and Planning Board. See also § 220-10, Provisions applicable to both Zoning Board of Adjustment and Planning Board.
I. 
To be considered at a regular meeting of the Zoning Board of Adjustment, a written application and supporting documents, together with the fee, shall be submitted to the Administrative Officer at least 10 days prior to the meeting and in the following quantities:
(1) 
Requests for relief under Subsection B(2)(a), (b) and (c) of this section: three copies.
(2) 
Requests for relief under Subsection B(2)(d) of this section: six copies.
(3) 
Requests for relief under Subsection B(2)(f) of this section: 10 copies of the application plus number of copies of supporting documents and plats as required by this chapter for the types of applications and developments involved.
J. 
Applicants seeking approval for bulk variances, use variances or appealing the decision of the Zoning Officer concerning an interpretation of the Code shall complete and submit the applicable Zoning Board of Adjustment applications set forth at the end of this chapter:
[Added 12-17-2009 by Ord. No. 2009-41]
(1) 
Completeness Checklist for Bulk Variance;
(2) 
Completeness Checklist for Use Variance;
(3) 
Completeness Checklist for Interpretation of Zoning Ordinance or Map or Decision on Special Question;
(4) 
Completeness Checklist for Appeal of Decision by Zoning Officer; and/or
A. 
Establishment.
(1) 
There is hereby established in the Township of Marlboro pursuant to the Municipal Land Use Law, as amended, a Planning Board of nine members consisting of the following four classes:
(a) 
Class I: the Mayor or the Mayor's designee in the absence of the Mayor.
[Amended 12-10-2009 by Ord. No. 2009-35]
(b) 
Class II: one of the officials of the Township, other than a member of the governing body, to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission[1] who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1, as amended, shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
[1]
Editor's Note: See Ch. 10, Art. I, Environmental Commission.
(c) 
Class III: a member of the governing body, to be appointed by it.
(d) 
Class IV: six other citizens of the Township, to be appointed by the Mayor.
(2) 
The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1, as amended, shall be a Class IV Planning Board member unless there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be a Class II member of the Planning Board.
(3) 
Alternate members.
(a) 
There shall be appointed to the Planning Board not more than two alternate members. Alternate members shall be appointed by the appointing authority for Class I members and shall meet the qualifications of Class IV members of nine-member planning boards. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
(b) 
No alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
(c) 
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote should not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
[Amended 4-22-1993 by Ord. No. 11-93]
(4) 
Quorum. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited from acting upon a matter due to the member's personal or financial interests therein, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board, in order of seniority of continuous service to the Zoning Board of Adjustment, until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any person or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Zoning Board of Adjustment shall make the choice.
[Added 9-10-1992 by Ord. No. 21-92]
B. 
Terms.
(1) 
The term of the member composing Class I shall correspond to the Mayor's official tenure, or if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Classes II and III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except that the term of a Class II member or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first.
[Amended 12-10-2009 by Ord. No. 2009-35]
(2) 
The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his first Class IV term, whichever occurs first.
(3) 
The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
C. 
Vacancies. If a vacancy of any class shall occur otherwise than by expiration of a term, it shall be filled by appointment for the unexpired term.
D. 
Authority.
(1) 
Except where a use variance is involved as outlined in § 220-8, Zoning Board of Adjustment, the Planning Board shall approve all subdivisions, site plans, planned development applications and conditional uses which conform to the provisions of this chapter, and the owner, developer or occupant is required to request such approval.
(2) 
The Planning Board shall have the following authority:
(a) 
Planning Board review in lieu of Board of Adjustment. The Planning Board, when reviewing applications for approval of subdivision plats, site plans or conditional uses, shall have the following powers, to the same extent and subject to the same restrictions as the Board of Adjustment:
[1] 
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, to grant, upon an application or an appeal relating to such property, a variance from such strict application of the zoning regulations for lot area, lot dimension, setback and yard requirements so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use.
[2] 
To direct the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on an adopted Official Map whenever one or more parcels of land located in these areas cannot yield a reasonable return to the owner unless a building permit is granted, provided the approval given will as little as practicable increase the cost of opening such street or tend to cause minimum change to the Official Map, and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public.
[3] 
To direct the issuance of a permit for a building or structure not related to a street where the denial of the permit would entail practical difficulty or unnecessary hardship or the circumstances do not require the building or structure to be related to a street, except that the issuance of such a permit shall be subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection, health and safety and subject to conditions that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Master Plan.
(b) 
Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance or direction for the issuance of a permit, as the case may be. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for a variance or the issuance of a permit, the Planning Board shall grant or deny approval of the application within 95 days after submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within this period shall constitute approval of the application.
(c) 
The Planning Board shall also have the power to review and approve or deny conditional uses as outlined in § 220-29, Conditional uses. The Board has the authority to review all aspects of a development plan simultaneously without the developer's being required to make further application to the Planning Board or the Planning Board's being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to these provisions, notice of the public hearing shall include reference to the request for such conditional use.
(d) 
Hearing notices and actions taken by the Planning Board when reviewing the site plan or subdivision simultaneously with applications requiring considerations for conditional uses and variance shall be in accordance with § 220-11, Public hearings and notices.
(e) 
In the event the Planning Board disapproves a development plan, no building permit or certificate of occupancy shall be issued. Any applicant wishing to make a change in an approved application shall follow the same procedures as the original application.
(f) 
The Planning Board shall have the authority to permit a deviation from the final plan if caused by change of conditions beyond the control of the developer since the date of final approval and the deviation would not substantially impair the intent and purpose of the Master Plan and zoning regulations and will substantially conform to the preliminary approval.
(g) 
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for a variance or building permit in conflict with the Official Map or for a lot not related to a street, the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant.
(h) 
Time periods.
[1] 
Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to this chapter, the Planning Board shall grant or deny approval of the application within 95 days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
[2] 
An application for development shall be complete for purposes of commencing the applicable time period when it conforms to the definition of a "complete application" as contained in the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975, as amended, and when the applicant complies with the following checklist.[2]
[2]
Editor's Note: Checklists for minor subdivision, preliminary major subdivision, final major subdivision, site plan, and variance applications are included at the end of this chapter.
[3] 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40: 27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
A. 
Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV. The Zoning Board of Adjustment shall elect a Chairman and Vice Chairman from its membership. Both Boards shall elect a Secretary.
B. 
Attorney. There is hereby created the office of Planning Board Attorney and the office of Attorney to the Zoning Board of Adjustment. Each Board may annually appoint, fix the compensation of or agree upon the rate of compensation of their respective Board Attorney, who shall be an attorney other than the Township Attorney. The rates, fees and total compensation to be paid to said attorneys shall be subject to the approval of the Township Council.
C. 
Experts and staff. The Planning Board and Zoning Board of Adjustment may employ or contract for the services of experts and other staff and services as they deem necessary, including an Assistant Secretary to perform secretarial duties. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
D. 
Rules and regulations. Each Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purpose of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:76A-1 et seq., as amended) shall apply.
E. 
Conflicts of interest. No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
F. 
Meetings.
(1) 
Every Planning Board and Zoning Board shall, by its rules, fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The municipal agency may provide for special meetings at the call of the Chairman or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations. No action shall be taken at any meeting without a quorum being present.
(2) 
All action shall be taken by a majority vote of the members of the municipal agency present at the meeting except as otherwise required by the Municipal Land Use Law, Chapter 291, Laws of New Jersey 1975, as amended by Chapter 216, Laws of New Jersey 1979, or this chapter.
(3) 
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, Chapter 231, Laws of New Jersey 1975, as amended.
G. 
Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board and findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Municipal Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
H. 
Hearings.
(1) 
Rules. The Planning Board and the Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq., as amended, or of this chapter.
(2) 
Oaths. The officer presiding at the hearing or such person as he may designate shall have the power to administer oaths or issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1963, c. 1938 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
(3) 
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(4) 
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
(5) 
Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer or mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.
(6) 
Fees: statutory maximums. A municipal agency, in furnishing a transcript of the proceedings to an interested party at his expense, shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript shall be certified in writing by the transcriber to be accurate.
(7) 
Certified court reporter. If any applicant desires a certified court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant, who shall also arrange for the reporter's attendance.
(8) 
Members absent for meetings: eligibility to vote. A member of a Planning Board or Zoning Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent and certifies in writing to the Board that he had read such transcript or listened to such recording.
(9) 
Decisions reduced to writing. Each decision on any application for development shall be reduced to writing as provided in this subsection and shall include findings of fact and conclusions based thereon.
(10) 
Denial of application. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.
(11) 
Resolution of memorialization.
(a) 
The Planning Board and the Zoning Board may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes to grant or deny approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.
(b) 
The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action of the municipal agency; except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
(c) 
Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsection H of this section.
I. 
Zoning permits required.
[Added 3-1-2001 by Ord. No. 2001-2]
(1) 
All fence and shed installations shall require a zoning permit prior to the start of construction. Such permit shall be issued by the Zoning Officer or his/her designee.
(2) 
All zoning permit applications shall be made to the Zoning Officer or his/her designee on forms provided by the office.
(3) 
The application fee for the zoning permit is $35 and is in addition to any required construction permit fee.
(4) 
Zoning permits shall be valid for a period of one year from the date of issuance.
A. 
Notice required; exceptions. Public notice of a hearing on an application for development shall be given except for:
(1) 
Minor site plan review;
(2) 
Minor subdivisions; and
(3) 
Final approval of a subdivision, provided that this section shall not foreclose the right of the governing body to provide by ordinance that public notice must be given for such categories of site plan review as it may specify, and further provided that public notice shall be given in the event that any type of variance relief is requested pursuant to the zoning regulations or subdivision regulations of this chapter. For purposes of this chapter, the term "public notice" shall include a notice sign. Public notice shall be given as provided in this section.
[Amended 5-13-2004 by Ord. No. 2004-4]
B. 
Requirements for hearings. All hearings conducted on subdivisions, site plans or variances before either the Zoning Board of Adjustment or the Planning Board shall follow the requirements of the Municipal Land Use Law as amended, as summarized below.
(1) 
Any maps and documents submitted for approval shall be on file and available for public inspection at least 10 days before the hearing date during normal business hours in the office of the Municipal Clerk.
(2) 
The approving authority shall provide for the verbatim recording of the proceedings by either stenographic or mechanical or electronic means.
(3) 
Each decision on any application shall be in writing and shall include findings of fact and conclusions based thereon.
(4) 
A copy of the decision shall be mailed by the approving authority within 10 days of the date of the decision to the applicant, or if represented by an attorney, then to the attorney, and a copy shall also be filed in the office of the Administrative Officer. A brief notice of the decision shall also be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality, the publication of which shall be arranged by the Administrative Officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
(5) 
Public notices; notice signs.
[Amended 5-13-2004 by Ord. No. 2004-4; 10-14-2004 by Ord. No. 2004-13]
(a) 
All public notices (other than notice signs) shall state the date, time and place of the public hearing, the nature of all the matters to be considered and an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers and the location and times at which any maps and documents are available for public inspection. Notice signs required to be erected on the property which is the subject of the application for development shall state the name of the applicant, the name of the public body from which the applicant is seeking approval, the phone number of the public body where a person may seek information as to the date and time of the public hearing on the application and a statement that this number may be called to obtain such information, a brief description of the nature of the approval sought, including the number of proposed dwelling units, the type of units, e.g., single-family homes, townhomes, garden apartments, and in the case of nonresidential uses, the nature of the proposed construction, e.g., warehouses, commercial use and the proposed square footage of the construction. Notwithstanding anything stated to the contrary herein, the requirement to erect a notice sign shall not a apply to a single-family residential lot, provided the application does not include a use variance request or a minor subdivision which creates no new lots.
(b) 
The notice sign shall not refer to any name of a planned development or that such development is "coming soon," "future site of" or any other language that a reasonable person may construe as the development having been approved prior to the applicant's receipt of an approval resolution either from the Planning Board or the Zoning Board of Adjustment. The notice sign shall not contain any other information except as authorized herein.
(6) 
The applicant shall be responsible for and shall bear the cost of providing the public notices (including notice signs) required by this section. Public notices shall be given at least 10 days prior to the hearing date. Public notice (other than by notice sign) shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Notice signs shall contain the information required in § 220-11B(5) and shall satisfy the following requirements: The notice sign shall be between 32 square feet in area and 64 square feet in area; face a public street abutting the property which is the subject of the application; and be located not more than 30 feet from such street. The lettering on the notice sign shall be of such a type face and size as to be clearly visible to motorists and pedestrians in or on the abutting street. The notice sign shall remain until the applicable public body shall grant or deny final approval or the applicant shall withdraw the application. The notice sign shall comply with the provisions of this chapter applicable to signs to the extent not inconsistent with this section. Failure by an applicant to provide a notice sign as required by this section will constitute a violation of this Code subject to the penalties provided by § 4-3 of the Code.
[Amended 5-13-2004 by Ord. No. 2004-4]
(7) 
Notice of a hearing requiring public notice pursuant to this chapter (other than a sign notice) shall be given to the owners of all real property, as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the:
[Amended 5-13-2004 by Ord. No. 2004-4; 10-14-2004 by Ord. No. 2004-13]
(a) 
Condominium association, in the case of any unit owner whose unit has a unit above or below it; or
(b) 
Horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it.
C. 
Service of notices.
(1) 
Notice shall be given by:
(a) 
Serving a copy thereof on the property owner, as shown on the current tax duplicate, or his agent in charge of the property; or
(b) 
Mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate.
(2) 
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal regime, community trust or homeowners' association because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
[Amended 5-13-2004 by Ord. No. 2004-4; 10-14-2004 by Ord. No. 2004-13]
(3) 
Upon the written request of an applicant, the Tax Assessor of the municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to this chapter. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearings or proceedings. A sum not to exceed $0.25 per name or $10, whichever is greater, shall be charged for such list.
[Amended 4-28-1988 by Ord. No. 17-88]
(4) 
Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality.
[Amended 5-13-2004 by Ord. No. 2004-4; 10-14-2004 by Ord. No. 2004-13]
(5) 
Public notices (other than notice signs) shall be given to owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. The notice shall be given by either serving a copy thereof on the property owner or mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate; provided, however, that such notice requirement shall be deemed satisfied as set forth in § 220-11B(7).
[Amended 5-13-2004 by Ord. No. 2004-4; 10-14-2004 by Ord. No. 2004-13]
(6) 
Notice shall be given by personal service or certified mail to:
(a) 
The County Planning Board where the hearing concerns a property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
(b) 
The Commissioner of Transportation where the hearing concerns a property adjacent to a state highway.
(c) 
The Director of the Division of State and Regional Planning where the hearing concerns a property which exceeds 150 acres or exceeds 500 dwelling units, and the notice to the Director shall include a copy of any maps or documents required to be on file with the Administrative Officer.
D. 
Affidavit of proof of service. The applicant shall file an affidavit of proof of service of required notices and of public notice publication with the municipal agency holding the hearing. Any notice made by certified mail shall be deemed complete upon mailing.
E. 
Appeals. Appeals of any final decision of the Planning Board or the Zoning Board of Adjustment shall be in accordance with § 220-6 of this chapter.
[Amended 12-16-2004 by Ord. No. 2004-27]
The approving authority, when acting upon applications for preliminary or minor subdivision approval and preliminary site plan approval, shall have the power to grant such exceptions from the design and performance standards in Article VIII of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision-site plan review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval without the developer's or approving authority's being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the conditional use shall include reference to the request for any subdivision and/or site plan approval involved.
A. 
Divisions of land not considered a subdivision as defined in this chapter shall be exempt from compliance with the requirements of this chapter only after affirmative action by the approving authority. Such action shall be taken following submission of documentation to the approving authority showing the division of land for agricultural purposes where all resulting parcels are five acres or larger in size; division by testamentary or intestate provisions; division of property by court order; or conveyance so as to combine existing lots by deed or other instrument, as the case may be. Until exempted from the subdivision regulations by the approving authority, no person can transfer, sell or agree to transfer or sell, as owner or agent, any land which forms a part of a subdivision for which approval is required.
B. 
Site plan approval by the approving authority shall not be required for single-family and two-family dwellings nor for accessory buildings to agricultural and horticultural uses, unless such uses are located in a flood hazard area, except that horse tracks, ponds, dams and recreation courts are not exempt. Interior building alterations which do not involve a change in use or additional parking shall be exempt.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 2-11-1988 by Ord. No. 3-88; 7-14-1988 by Ord. No. 32-88]
The applicant/developer shall, at the time of filing an application or at such time as the applicant shall request referral of a proposal for development to the technical review committee prior to formal application, pay a fee to the Township of Marlboro through the Administrative Officer by cash, check or money order in accordance with the fee schedule set forth hereinafter.[1] For the postponement of a hearing or appearance by an applicant of not less than three weeks' notice, there shall be charged a postponement fee of 1/2 the total application fee.
[1]
Editor's Note: The fee schedules are included at the end of this chapter.
[Added 2-11-1988 by Ord. No. 3-88]
The fees set forth in Schedule A[1] shall be nonrefundable and are for the purpose of offsetting in-house administrative, clerical and technical costs, exclusive of expenses for professional consultants, such as legal, planning, engineering and other professional fees, costs and expenses, except as otherwise noted in Schedule A. The fee to be paid shall be the sum of the fees for the component elements of the plat or plan. Proposals requiring a combination of approvals, such as subdivision, site plan and/or variances, shall require a fee equal to the sum of the fees for each element of the approval.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
[Added 2-11-1988 by Ord. No. 3-88]
A. 
The fees required by Schedule B[1] shall be for the purpose of reimbursing the Township for direct and indirect fees, costs, charges and expenses of professional consultants retained by or on behalf of the Township, its boards, commissions or agencies and employees and staff of the Township, its boards, commissions or agencies in reviewing and testifying and/or assisting the Township in the processing of applications pursuant to the Land Use Ordinance and/or assisting the Township in evaluation, planning and proper design of municipal services and facilities in order to meet the needs of the proposed project and for on-site inspections related thereto. The fees required by Schedule B shall be deposited with the Township at the time the initial development documents are submitted and shall remain in an interest-bearing escrow fund. Whenever the amount of the fees paid to the Township pursuant to Schedule B or any cash performance or maintenance guaranties posted with the Township by the applicant/developer shall exceed $5,000, the Township shall notify the applicant in writing of the name and address of the depository and the amount of the deposit. If the amount of interest earned on the cash deposit exceeds $100 per annum, that entire amount shall belong to the applicant/developer and shall be refunded to him by the Township annually or at the time the deposit is repaid or applied to the purposes for which it was originally deposited, as the case may be, except that the Township may retain for administrative expenses not more than 33 1/2% of that entire interest amount. All costs, expenses, charges and fees incurred by the Planning Board, the Board of Adjustment, the Township or other board, commission or agency of the Township for the services of the planner, engineer, attorney, other professional consultant, expert, employee or staff incurred as a direct result of the developer's project shall be charged to this escrow fund.
[Amended 2-25-2016 by Ord. No. 2016-4]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
B. 
Within 45 days after the filing of an application for development, the Planning Board and/or the Board of Adjustment, as the case may be, shall, in conjunction with appropriate representatives of the staff of the Township, review the application for development to determine whether the escrow amount set forth in Schedule B is adequate. In conducting such review, the Board shall consider the following criteria:
(1) 
The presence or absence of public water and/or sewer servicing the site.
(2) 
Environmental considerations, including but not limited to geological, hydrological and ecological factors.
(3) 
Traffic impact of the proposed development.
(4) 
Impact of the proposed development on existing aquifer and/or water quality.
C. 
Upon completion of the review and within the forty-five-day period, the Board shall adopt a resolution specifying whether the escrow amount specified above is sufficient, excessive or insufficient. In the event that the Board shall determine that the amount is excessive, it shall, in the resolution, specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted. In the event that the Board shall determine the amount specified above is insufficient, it shall so specify and shall set forth the amount required to be posted in light of the criteria specified herein.
D. 
Prior to an application's being determined complete, the applicant shall post the required escrow amount as set forth in Schedule B, or, if the reviewing Board has passed a resolution as provided for above, the amount of escrow provided for by that resolution, with the Chief Financial Officer in the form of cash, certified check or money order.
E. 
If during the pendency of an application, the amount of the escrow account has been depleted to 20% of the original escrow amount, the Chief Financial Officer shall notify the appropriate Board. The Board shall again evaluate the application, as provided for above, and notify the Chief Financial Officer and applicant of any additional escrow deposit required. The applicant shall immediately deposit the additional escrow amount with the Chief Financial Officer and notify the appropriate Board that the required deposit has been made. In the event that it is necessary for a Board to take action on an application prior to the additional escrow deposit being made, any approval shall be conditioned upon the escrow deposit being made.
F. 
Upon request of an applicant, the Chief Financial Officer shall furnish the applicant with a statement of all disbursements made during the development review process.
G. 
All bills, invoices or vouchers submitted by professionals or experts relating to an application shall specify the services performed for said application, the hourly rate, the number of hours spent and any other expenses incurred. All charges for employee and staff time shall specify the services performed and the amount of time related to an application in performing such services.
[Amended 9-10-1992 by Ord. No. 21-92]
H. 
The unit (i.e., per diem or hourly fee) of the professional, expert, employee or staff shall be in accordance with the unit charges, contracted for by the appropriate Board or with the Township or as prescribed by the Salary Ordinance of the Township of Marlboro.
I. 
All escrow funds not expended shall be refunded to the applicant within 60 days after the appropriate Board has taken final action on the application or after a withdrawal or dismissal of an application.
J. 
In the event of an escrow shortfall requiring collection by the municipality, then the applicant shall be responsible for all legal fees and costs in connection with the collection. Any escrow shortfall, together with such fees and costs, shall be charged against the lands involved. Any amount so charged shall immediately become a lien upon said lands and shall be added to and become a part of the taxes next to be assessed and levied upon such lands.
[Added 5-23-1991 by Ord. No. 9-91]
K. 
The Township shall render a written final accounting to the developer on the uses to which the deposit was put. Thereafter, the Township shall, upon written request, provide copies of the vouchers to the developer. If the salary, staff support and overhead for a professional are provided by the Township, the charge to the deposit shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary of each of the professionals by the number of hours spent by the respective professional on review of the application for development or the developer's improvements, as the case may be. For other professionals the charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the municipality.
[Added 9-10-1992 by Ord. No. 21-92]
L. 
Notwithstanding anything to the contrary set forth in this section, an applicant for a hardship or bulk variance in connection with a residential fence, accessory structure, pool, deck, addition or shed shall be required to post the escrow amount for such application set forth in Schedule B.[2] If the professional expenses for the review of such application exceeds the amount posted by the applicant pursuant to Schedule B, the applicant shall be required to replenish such escrow amount in order to cover the cost of all professional review services undertaken by the Township with respect to the application and to avoid subsidization of development applications by municipal tax payers.
[Added 11-3-2005 by Ord. No. 2005-48; amended 3-6-2008 by Ord. No. 2008-3]
[2]
Editor's Note: Schedule B is included as an attachment to this chapter.
[Added 6-27-2002 by Ord. No. 2002-18; amended 10-6-2005 by Ord. No. 2005-49; 9-16-2010 by Ord. No. 2010-21; 12-18-2018 by Ord. No. 2018-22]
Charitable, philanthropic, fraternal, athletic, veterans, recreational, volunteer fire and first aid squads, and religious nonprofit organizations holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)] shall be exempt from the normal application fees required under this chapter. Said exemption shall be granted upon application to the Business Administrator, along with proof of said tax-exempt status. If granted, said exemption shall be confirmed by resolution of the Township Council.
[Added 10-19-2006 by Ord. No. 2006-33; amended 9-12-2013 by Ord. No. 2013-18]
A. 
As recognized in the State's Best Management Practices Manual, regular and thorough maintenance is necessary for stormwater management measures to perform effectively and reliably. Failure to perform such maintenance can lead to diminished performance, deterioration, and failure, in addition to a range of health and safety issues. The potential for problems to develop is accentuated by the various features that allow stormwater management measures to function as designed, including holding or slowing moving water, dense vegetation, forebays, trash racks, dams, and the need to continually function in all types of weather. By nature, stormwater management measures are also expected to become repositories for sediment, nutrients, trash, debris, and other pollutants targeted by the NJDEP Stormwater Management Rules. Accordingly, stormwater management measures require regular inspection and cleaning, sediment and debris removal, and periodic replacement. In recognition of these needs and potential problems, preventative maintenance fees are required for development applications. The fees required by Schedule C[1]shall be for the purpose of reimbursing the Township for direct fees, costs, charges and expenses for administrative, clerical, technical, and maintenance costs of in-house staff and professional consultants such as legal, planning, and engineering and other professional fees, costs and expenses exclusively for the implementation of stormwater management plans and/or measures and their associated impact to existing and future municipal infrastructure, waterways, and watersheds.
[1]
Editor's Note: Schedule C is included as an attachment to this chapter.
B. 
The fees set forth under Schedule C shall be required prior to approval of any application for major development as defined within Code § 220-147 et seq. submitted to the Township, its boards, commissions or agencies.
C. 
In addition to the fees set forth within Schedule C, all development, which requires a stormwater management facility as determined under Code § 220-147 et seq. shall be required to post a fee or maintenance guarantee pursuant to the following provisions:
(1) 
All required maintenance, as set forth within this section, shall be in accordance with an approved maintenance plan as required under Code § 220-147 et seq.
(2) 
For any development which requires a stormwater management facility as determined under Code § 220-147 et seq. and consists of more than two residential dwelling units, but less than 20 residential dwelling units, responsibility for maintenance for said stormwater facility shall be assigned to the Township. The maintenance fee for said stormwater facility shall be calculated as set forth under Subsection C(7) below and shall be for a period of 25 years.
(3) 
For any development which requires a stormwater management facility as determined under Code § 220-147 et seq. and consists of more than 20 residential units, responsibility for maintenance of said stormwater management facility shall be assigned to a homeowners' association established for said development. The maintenance guarantee for said stormwater facility shall be posted on behalf of the homeowners' association and calculated in accordance with Subsection C(7) below for a period of 25 years.
(4) 
For any development which requires a stormwater management facility as determined under Code § 220-147 et seq. and consists of one or more nonresidential uses, responsibility for maintenance of said stormwater management facility shall be assigned to the owner of the site. A maintenance guarantee for said stormwater facility shall be posted in accordance with Subsection C(7) below for a period of 25 years.
(5) 
Responsibility for operation and maintenance of detention facilities, including periodic removal and disposal of accumulated particulate material and debris, shall remain with the owner or owners of the property, with permanent arrangements that it shall pass to any successive owner, unless assumed by a government agency. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each project the property owner, governmental agency or other legally established entity to be permanently responsible for maintenance, hereinafter in this section referred to as the "responsible person."
(6) 
Prior to granting final approval to any project subject to review under this section, the applicant shall enter into an agreement with the municipality (or county) to ensure the continued operation and maintenance of the detention facility. This agreement shall be in a form satisfactory to the Township Attorney and may include, but may not necessarily be limited to, personal guaranties, deed restrictions, covenants and bonds. In cases where property is subdivided and sold separately, a homeowners' association or similar permanent entity should be established as the responsible entity, absent an agreement by a governmental agency to assume responsibility.
(7) 
An applicant seeking approval for construction of a detention facility shall provide the funds necessary to maintain the facility for a period of 25 years. The amount necessary to maintain the facility shall be calculated by the Planning Board Engineer and Director of Public Works based upon current estimates for maintenance with an annual increase of 4%. The Planning Board Engineer and Director of Public Works shall also assume that the investment will yield a return equal to the ninety-day certificate of deposit interest rate paid by the First Fidelity Bank or its successor on the date the calculation is made.
(8) 
The form of security for the maintenance of the facility shall be approved by the Municipal Attorney.
(9) 
In the event that the detention facility becomes a danger to public safety or public health or if it is in need of maintenance, the municipality shall so notify in writing the responsible person. From that notice, the responsible person shall have 14 days to effect such maintenance and repair of the facility in a manner that is approved by the Township Engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may proceed to do so and shall bill the cost thereof to the responsible person.
A. 
Any appeal to the Zoning Board of Adjustment for a variance to allow a structure or use in a district restricted against such structure or use shall have three copies of all supporting documents and the application filed with the Planning Board's Administrative Officer.
B. 
The Planning Board shall review the material and may make recommendations to the Zoning Board of Adjustment in writing and/or at the public hearing on the application. The Planning Board's recommendations may contain, among other things, the Planning Board's opinion as to the compatibility of the proposal to the Master Plan; applications which may have been or are currently being processed by the Planning Board for similar uses elsewhere in the Township; land use, traffic and other data relevant to the application which the Planning Board has in its file; and what conditions, if any, the Planning Board would recommend be imposed on the applicant to improve compatibility with the Master Plan and this chapter should the Zoning Board of Adjustment grant the variance.
A. 
A site plan approval is required for all site developments which do not meet the definition of an "exempt site plan" as defined in § 220-13B. No building permit for a building located on a site which requires site plan approval shall be issued until final site plan approval has been granted. The Planning Board may waive site plan approval of an application if it finds that the proposal does not noticeably affect items set forth in this chapter to be considered in site plan approval.
B. 
The Planning Board, on applications for development for minor site plans, may authorize the waiving of notice and public hearings for an application for development if the Planning Board, by majority vote of the members present, finds that the application for development conforms to the definition of a "minor site plan." Minor site plan approval shall be deemed to be final approval of the site plan by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements.
(1) 
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor site plan approval.
(2) 
Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
(3) 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval.[1]
[1]
Editor's Note: Original § 84-17, Inspections, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See § 220-30.
The provisions of this chapter shall be held to be minimum requirements. Where this chapter establishes both minimum and maximum standards, both standards shall be met even though the combination of standards may not permit development to take advantage of all standards simultaneously. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of this chapter or any other ordinance, rule or regulation or other provision of law, whichever provision(s) is most restrictive or imposes higher standards shall control.
A. 
No building permit or certificate of occupancy shall be issued for any parcel of land or structure which was sold or on which improvements were undertaken in violation of the provisions of this chapter or for use of a lot which was created by subdivision after the effective date of and not in conformity with the provisions of this chapter. No site improvements, such as but not limited to excavation or construction of public or private improvements, shall be commenced except in conformance with this chapter, in accordance with plat approvals and the issuance of required permits.
B. 
It shall be unlawful to use or permit the use of any building or site or part thereof hereafter created, erected, changed, converted, altered or enlarged, wholly or in part, or which involves a change in use, until a certificate of occupancy shall have been issued by the Zoning Officer. No certificate shall be issued unless the land, building and use thereof comply with this chapter; unless all matters incorporated on the approved subdivision or site plan have been completed, certified by the Township Engineer and approved by the Planning Board, or until a performance guaranty approved by the Planning Board, acceptable to the governing body, in a form approved by the Township Attorney, in an amount determined by the Township Engineer to be sufficient to assure completion of all the remaining improvement(s) and in a form guaranteeing completion of the remaining improvements within a minimum of one year, is in hand; and unless the Building and Health Codes are complied with.
C. 
For building permits in conflict with Official Map or building permits for lots not related to a street, see § 220-9D.
[Added 10-20-2005 by Ord. No. 2005-44]
A. 
Two signed and sealed copies of individual plot plans shall be submitted to the Township Engineer to accompany any permit application for new residential or commercial construction and for any residential or commercial building addition. The individual plot plan shall be utilized to review the project for adequate drainage and grading and compliance to all applicable Township standards.
B. 
The Township Engineer will review the submitted documents and either disapprove or approve the submitted plot plan. The applicant will be notified if any revisions are required.
C. 
The Construction Official shall not issue a building permit until the Township Engineer approves the proposed individual plot plan.
D. 
Each individual plot plan shall be drawn to scale of not less than one inch equaling 50 feet, signed and sealed in accordance with N.J.A.C. 13:40-7.3 by a professional licensed to practice in the State of New Jersey, and shall be no smaller than 8 1/2 inches by 14 inches.
E. 
Individual plot plans shall include the following information:
(1) 
Bearing and distances.
(2) 
North arrow, written and graphic scale.
(3) 
Existing/proposed easement and dedications.
(4) 
Existing/proposed building, pool, decks, patios, porches, sheds and accessory structures dimensions.
(5) 
Existing/proposed sidewalks, driveways and retaining walls.
(6) 
Building envelope graphically depicting and dimensioning zoning setback requirements and/or setbacks approved by the Board if (applicable).
(7) 
Street name, right-of-way width, pavement width and composition of the street(s) fronting the lot.
(8) 
The title block on the plot plan must include the property address, the block and lot number of the property in question and the name of the applicant.
(9) 
Limits of clearing and soil disturbance. Show number of trees over nine inches diameter to be removed.
(10) 
Existing trees to be protected and remain. Include tree replacement plan.
(11) 
Location of wetlands, floodplains, stream encroachment lines and/or any other environmental constraints to the property. If there are no wetlands, then a note should be added to the plan stating that no wetlands exists on the subject property.
(12) 
Sufficient street elevations including center line, gutter and top of curb (if applicable); existing and proposed lot elevations to include, at a minimum, property corners, midpoints of property lines, building corners and center of lot; the finished floor, basement and garage floor elevations of the proposed structure; and sidewalk elevations. Adjacent dwellings, corner elevations and topography within 25 feet of property lines. All elevations shall be according to the NGVD (National Geodetic Vertical Datum) and the source of datum so noted. Any specific circumstances for which elevation requirements cannot be met will be subject to review by the Township Engineer and Construction Official on a case-by-case basis. Under no circumstances shall individual lots be graded in such a manner as to redirect stormwater runoff onto an adjacent and/or downstream property or disturb or change the existing drainage patterns of an adjacent lot. Drainage flow arrows shall be provided to clearly depict the directions of stormwater runoff. No grading or the creation of sump conditions shall be permitted on adjacent lot(s) unless permission has been specifically granted, in writing, by the owner of said adjacent lot(s).
(13) 
Location of any storm drainage pipes within 25 feet of the property including pipe size, grade and invert.
(14) 
Lot grading shall be designed to provide positive runoff with grades at a minimum slope of 1.5%.
(15) 
Swales designed to convey surface runoff shall be designed with suitable subgrade material containing well draining sand or gravel, stone, sand mix topsoil or other material acceptable to the Township Engineer. A construction detail shall be included on the plan.
(16) 
Utility connections, including, but not limited to, water, sanitary sewer, gas, electric, telephone and cable.
(17) 
Elevations, cross sections and dimensions of driveways and retaining walls.
(18) 
Prior Board approval or waiver granted for construction in easements.
(19) 
Other items that may be required by the Township Engineer for proper construction of the site.
F. 
Plot plans of Planning Board approved projects shall match approved subdivision/site plans.
G. 
If a basement is proposed, a subsurface soil investigation certified by a licensed engineer shall be submitted with the plot plan. Provisions for a perimeter drain system shall be provided. Said drain system shall ultimately tie into a municipal storm sewer system or alternative system as approved by the Township Engineer. The Township Engineer or designee must be notified and be present to inspect the tie into the municipal storm sewer system.
[Amended 1-3-2019 by Ord. No. 2018-23]
H. 
The applicant shall submit a foundation survey prior to an inspection of the foundation for approval and backfilling. This survey shall include the location of the foundation and the actual floor elevations. If the as-built survey establishes locations or elevations different from those submitted in the plot plan, changes in the proposed grading shall be noted. A revised grading plan shall be submitted to the Engineering Department.
I. 
The applicant shall submit a final as-built survey for new residential or commercial construction and residential or commercial building additions signed and sealed by a professional engineer or land surveyor prior to requesting a final certificate of occupancy (CO) inspection from the Township Engineer.
J. 
Exemption from the requirements of this section for a residential building addition requires the approval of the Township Engineer, said exemption to be contingent upon:
(1) 
Proof that the subject addition is not in a flood hazard zone.
(2) 
A survey locating the existing dwelling and showing the proposed improvements.
(3) 
A site inspection by a Township engineering inspector to verify that the proposed addition will not create drainage problems.
K. 
Inspection fee; review fee.
[Added 2-2-2012 by Ord. No. 2012-3; amended 2-25-2016 by Ord. No. 2016-4; 12-18-2018 by Ord. No. 2018-22]
(1) 
Single lot development. There shall be a fee of $100 per review of single lot redevelopment plans as well as $500 for inspections to prevent grading and/or drainage-type issues relative to adjacent parcels.
(2) 
Building addition. There shall be a fee of $75 per review required for reviews of additions to existing structures as well as a fee of $75 per inspection.
Where a street or other public way serves as the zoning district line and it is lawfully vacated, the former center line shall be considered the zoning district line.
A. 
In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the Township or an interested party, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
B. 
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Township approval is required by ordinance pursuant to this chapter, such person shall be subject to a penalty not to exceed $1,000 and each lot disposition so made may be deemed a separate violation.
C. 
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of the provisions of this chapter or any order, decision or determination by the Zoning Board of Adjustment shall be subject to the penalties in § 4-3 of the Code. Starting on the sixth day after written notice of violation either by registered mail or by personal service has been served upon the person, firm or corporation involved, each and every day that such violation continues shall be considered a separate and specific violation of this chapter without the service of additional notice.
D. 
In addition to the foregoing, the Township may institute and maintain a civil action:
(1) 
For injunctive relief; and
(2) 
To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56 as amended.
E. 
As allowed by applicable law, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense and title-closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.
No application shall be approved pursuant to this chapter if there are taxes or assessments for local improvements due and/or delinquent on the property for which said application is made.
A. 
No development shall take place in the Township of Marlboro except in conformance with this chapter.
B. 
All zoning, site and subdivision requirements of this chapter shall be met at the time of occupancy, subdivision use, development, improvements, construction, reconstruction, erection, enlargement, moving or change of use of land or structures or any change in any aspect covered by this chapter and shall apply to the entire structure(s) and lands whether or not the entire structure, structures, site or lands are involved.
C. 
All developments resulting from subdivision and site plan approvals shall comply with all the design and performance standards of this chapter, including conditions imposed by the approving authority as shown on the approved plat and/or included in the resolution adopted by the approving authority.
D. 
No later than at the time a deposit is accepted by a builder, real estate broker or real estate agent from a prospective purchaser, the prospective purchaser shall be informed of all easements on the property to be purchased and the then-current restrictions that are conveyed with those easements. The prospective purchaser must be permitted to inspect any available map or survey that denotes such easements or restrictions. At the same time, the potential purchaser must sign a document stating that he fully understands the nature of the limitations, easements or restrictions as they may affect the property that he is purchasing, and that while he could seek a variance from such easements or restrictions, the granting of such a variance is not assured by the Township of Marlboro or any of its boards or agencies.
[Added 7-14-1988 by Ord. No. 32-88]
A. 
Regulation of the development of land and the attachment of reasonable conditions to development applications is an exercise of valid police power delegated by the state to this Township. The applicant has the duty of compliance with reasonable conditions laid down by the approving authority for design, dedication, improvements and the use of the land so as to conform to the physical and economical development of the Township and to the safety and general welfare of the future residents and/or owners in the development and in the community at large. Where County Planning Board review or approval is required on a subdivision or site plan, the approving authority shall condition any approval it grants upon either timely receipt or a favorable report by the County Planning Board due to its failure to submit a report within the required time period. If the county's report is negative or attaches conditions, the original action by the Township approving authority shall be null and void, and at the next regular meeting a new resolution shall be adopted which considers the County Planning Board's report unless an extension of time is granted by the applicant.
B. 
The Planning Board may conditionally approve a subdivision or site plan requiring action by the Zoning Board of Adjustment where the relief requested is beyond the scope of the Planning Board powers covered in § 220-9D(2)(b) of these regulations, by resolution. Such conditional approval shall be subject to all the following requirements, limitations and conditions:
(1) 
No transfer of the land shall proceed unless and until the required variance shall have been granted. If the variance is granted, the developer shall present a certified copy of the Zoning Board of Adjustment resolution and approved plat to the Planning Board for Planning Board approval of the subdivision or site plan in accordance with all provisions of its regulations.
(2) 
Such conditional approval shall expire unless the developer shall file an application with the Zoning Board of Adjustment for the required variance within 45 days following such conditional approval, and in any event the conditional approval shall expire if the Zoning Board of Adjustment denies the application. This time limit may be extended by the Planning Board for good cause shown.
A. 
Before any permit shall be issued for a conditional use, application shall be made to the approving authority. The approving authority shall grant or deny the application after public hearing but within 95 days of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Where a conditional use application involves a major site plan or major subdivision, notice of public hearing shall include reference to all matters being heard and the approving authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the approving authority to act within the required time period shall constitute approval of the application.
B. 
In reviewing the conditional use application, the approving authority shall review the number of employees and users of the property and the requirements set forth in this chapter, and shall give due consideration to all reasonable elements which would affect the public health, welfare, safety, comfort and convenience, such as but not limited to effects on adjacent properties, buffer areas, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, noise, dust, drainage, sewage treatment, parking, potable water supply, screening, utilities and structural location(s) and orientation(s). The use for which conditional uses are granted shall be deemed to be permitted uses in their respective districts, and each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the applicant. All conditional uses shall require site plan review and approval by the Planning Board. Prior to making its decision, the approving authority shall be satisfied that the conditional use is reasonably necessary for the use and convenience of the public in the location proposed.
C. 
In the granting of conditional uses, a time limit of one year from the date of the conditional use approval shall be set within which the owner shall secure a building permit, otherwise the conditional approval granted shall be null and void. This time limit may be extended by the approving authority for good cause shown.
[Amended 5-8-1986 by Ord. No. 17-86; 6-13-1986 by Ord. No. 22-86; 5-14-1987 by Ord. No. 13-87; 5-1-1987 by Ord. No. 18-87; 6-11-1987 by Ord. No. 22-87; 9-10-1992 by Ord. No. 21-92; 12-14-1993 by Ord. No. 64-93; 2-24-1994 by Ord. No. 2-94]12-12-1996 by Ord. No. 39-96]
A. 
No final subdivision plat or site plan shall be approved by the approving authority until all items required to be bonded (on-site, off-site, on-tract and off-tract) have been installed, inspected, certified and approved by the Township Engineer and accepted by the governing body and a maintenance guaranty has been filed and accepted by the governing body in accordance with the requirements of this section, or their installation shall have been provided for by a performance guaranty accepted and approved by the Township Engineer and Township Attorney in accordance with the requirements of this section. The performance guarantee shall assure the installation and completion of improvements which the approving authority may deem necessary or appropriate including, but not limited to, streets, grading, pavement, gutters, curbs, driveways and driveway aprons, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, on-site, and off-site drainage control measures, including, but not limited to, grading, erosion, control and sedimentation control devices, public improvements of open space, and, in the case of site plans only, other on-site improvements and landscaping. No maintenance bond shall be accepted nor shall any partial facility be accepted for any item which has further stages of work to be completed or which will need to be altered or reworked in any manner due to the installation or connection of any other facility. Any improvements installed prior to final plat application that do not meet the standards of this chapter or other regulations shall be added to the performance guaranty.
[Amended 7-15-2010 by Ord. No. 2010-12; 6-16-2011 by Ord. No. 2011-14]
B. 
The proposed performance guaranty shall be submitted to the approving authority by the developer. The approving authority shall review the proposed performance guaranty and submit it to the Township Engineer and Township Attorney for approval and acceptance. Final plat application shall not be accepted until the performance guaranty has been accepted and approved.
[Amended 7-15-2010 by Ord. No. 2010-12]
(1) 
The performance guaranty shall consist of the performance guaranty estimate and a performance bond in a form acceptable to the Township Engineer and Township Attorney, in which the developer shall be principal and an acceptable surety company licensed to do business in the State of New Jersey shall be surety, a certified check which shall be deposited with the Township of Marlboro by payment to the Township Chief Financial Officer, or an irrevocable domestic letter of credit in a form satisfactory to the Township Attorney. The Township Chief Financial Officer shall cause the certified check to be deposited in a bank approved by the governing body in the name of the Township of Marlboro, to be retained as security for completion of all requirements and to be returned to the developer upon completion of all required work or, in the event of a default on the part of the developer, to be used by the Township of Marlboro to pay the cost and expense of obtaining completion of all requirements. If the required improvements have not been installed or constructed in accordance with the standards of the Township or within the stipulated time, the obligor and/or surety, as provided by law, for the bond shall be liable thereon to the Township for the reasonable costs of the improvements or the uncompleted portions thereof, including engineering costs, and upon authorization by the governing body, the Township Attorney shall take the necessary steps to obtain such costs from the obligor and/or surety.
(2) 
The total performance guaranty shall equal 120% of the cost of installation, which cost shall be determined by the Township Engineer in accordance with the method of calculation provided in N.J.S.A. 40:55D-53.4, as set forth herein, for improvements which the approving authority may deem necessary or appropriate.
(a) 
The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the developer.
(b) 
Pursuant to N.J.S.A. 40:55D-53.4, the cost of the installation of improvements shall be estimated by the Township Engineer. The developer may appeal the Township Engineer's estimate to the governing body. The governing body shall decide the appeal within 45 days of receipt of the appeal in writing by the Municipal Clerk. After the developer posts a guaranty with the municipality based upon the cost of the installation of improvements as determined by the governing body, he may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guaranty.
(c) 
Ninety percent of this guaranty shall be either in cash, certified check, irrevocable letter of credit pursuant to N.J.S.A. 40:55D-53.5 or surety bond of a bonding company approved by the governing body. The remaining 10% shall be in cash and shall be paid in like manner and under the same conditions as the security aforesaid. In the event of default, the ten-percent cash fund herein mentioned shall be first applied to the completion of the requirements and the cash, certified check, irrevocable letter of credit or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash, irrevocable letter of credit or surety bond may recite the foregoing provision. The Township Engineer's certification that the principal has satisfactorily installed or has defaulted in meeting the required standards of construction shall be the basis of governing body action which accepts or rejects the improvements, withholds approval, institutes appropriate action to obtain costs and expenses from the obliger and/or surety in cases of default, or the governing body may extend the time allowed for installation of improvements.
(d) 
In no event shall any construction be commenced until the developer has complied with all of the requirements for final approval.
(3) 
Before recording a final subdivision plat, or before applying for a construction permit for a project for which subdivision or site plan approval has been granted, the developer of a residential housing project shall have filed with the Township a performance guarantee in an amount equal to 30% of the total estimated cost to the Township of constructing all residential private site work improvements as estimated by the Township Engineer. The purpose of the residential private site works performance guarantee is to assure that installation of such residential private site work improvements on or before an agreed date, guaranteeing the completion of all such residential private site work improvements without damage to or interference with adjacent properties or public facilities. In addition, the developer of a residential housing project shall hold the Township, the Township Council, Township Planning Board and Zoning Board of Adjustment and their employees and agents harmless with respect to any act of the developer, its agents, successors or assigns. The total estimated cost to the Township of constructing all such residential private site work improvements shall be based upon the estimated contract construction costs which would prevail upon expiration of the guarantee and shall also include appropriate allowances for contract-related costs such as engineering, legal, financial and other usual costs. Such performance guarantee may be in the form of cash, certified check, negotiable securities, a performance bond issued by a bonding or surety company approved by the Township Council or any other type of surety accepted to and approved by the Township Attorney and the Township Council. If at the time the performance guarantee is filed with the Township the developer has not also filed with the Township proof that necessary performance guarantees have been filed and accepted by other governmental bodies, authorities, public utility companies and private utility companies which have jurisdiction over improvements in the subdivision or residential development, the amount of the residential private site work improvement performance guarantee shall be increased to reflect the cost of such private improvements.
(4) 
If the performance guarantee posted with and accepted by the Township is in a form other than cash, certified check or negotiable securities, the various offices of the Township having jurisdiction may require the developer to post a cash escrow with the Township Treasurer for the estimated cost of any residential private site work improvements which are uncompleted at the time the developer requests a certificate of occupancy, and which residential private site work improvements are within the jurisdiction of their respective offices.
(5) 
Residential private site work shall include driveways, curbing, walkways, water distribution facilities, sanitary sewage facilities, storm drainage facilities, finished grades of site work and landscaping. Residential private site work excludes any buildings and other work included in the Uniform Construction Code, utilities to be owned by a public utility or work under the jurisdiction of another governmental entity over which the Township has no control.
(6) 
Township officials may, in their discretion, require the applicant to place a cash escrow with the Township, in addition to this performance bond, at the time of application for certificate of occupancy for any uncompleted residential private site work not required for issuance of a certificate of occupancy.
(7) 
The applicant shall provide, with the application for final submission approval or application to commence construction of residential private improvements or for site plan approval, a quantity take-off list, prepared by a licensed professional engineer, for the proposed residential private site work improvements.
C. 
The Township Clerk shall immediately notify the approving authority when the performance guaranty has been approved and accepted by the Township Engineer and Township Attorney.
[Amended 7-15-2010 by Ord. No. 2010-12]
D. 
Inspection costs:
[Amended 7-15-2010 by Ord. No. 2010-12]
(1) 
Prior to beginning any site improvements, changes, grading, construction, residential private site work improvements or any other site work covered by this chapter, the developer shall arrange for a preconstruction conference between the developer, contractor and Township Engineer, at which time inspection fees shall be paid if not previously paid. All improvements, including residential private site work improvements, shall be inspected during the time of their installation under the supervision of the Township Engineer to ensure satisfactory completion. The Township Engineer shall be notified by the developer 14 days in advance of the start of initial construction and five days in advance of all subsequent phases of construction if a time period of five days has lapsed since the date of last inspection. The cost of said inspection shall be the responsibility of the developer. The developer shall reimburse or pay to the municipality and to the inspection agency designated by the municipality, as the case may be, all reasonable construction inspection fees in excess of the initial construction inspection fee, as covered below, by submitting a certified check or bank money order to the Municipal Clerk upon receipt of a bill from the municipality. This fee shall be in addition to the amount of the performance guaranty and all other fees covered by this chapter. The municipality may require that the developer submit a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, including residential private site work improvements, which cost shall be determined pursuant to Subsection B(2)(b). For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
(2) 
Improvement costs, as estimated in this section, shall be defined to include material, construction and installation costs of grading, pavement, surveyors' monuments, drainage structures, storm sewers, sanitary sewers and other means of sewage disposal, water mains, fire-protection features, streets, gutters, curbs, culverts, sidewalks, streetlighting, shade trees, parking areas, landscaping, street signs, erosion control and sedimentation control devices, public improvements of open space and other on-tract and off-tract improvements. Residential private site work improvement costs as estimated in this section shall be defined to include material, construction and installation costs of driveways, curbing, walkways, water distribution facilities, sanitary sewage facilities, storm drainage facilities, finished grades of site work and landscaping.
(3) 
Groundwater elevation testing. At the time of the payment of other fees due pursuant to this section, the developer shall pay a fee in connection with the application for a building permit in the amount of $120 for each and every building lot, or a total of $300 where multiple building lots are affected with a single structure. The purpose of this fee is to provide for inspections in order to determine the groundwater elevation and to determine compliance with § 220-35D(1)(a) and for no other purposes. In cases where multiple building lots are affected with a single structure, a minimum of two inspections shall be performed.
E. 
No work covered by development approval and/or ordinance provisions shall be done without permission from the Township Engineer. A representative of the Township Engineer's office shall, at the option of the Township Engineer, be present at the time all work is performed. No underground installation shall be covered until inspected and approved.
F. 
Electric, gas, telephone and all other utility installations installed by utility companies are excepted from the above requirements.
G. 
An occupancy permit will be issued only when all improvements to the building or dwelling for which the permit is sought are completed. The improvements referred to in the within section are the improvements that bear a direct correlation to the health, safety and welfare of the would-be occupants or residents of the building or dwelling for which the permit is sought
H. 
Inspection by the Township of Marlboro Engineer or other agents, servants or employees of the installation of improvements and utilities by the developer shall not operate to subject the Township of Marlboro to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter, it being recognized that the responsibility to maintain safe conditions at all times during construction and during the life of performance and maintenance bonds, and to provide proper utilities and improvements, is upon the developer and his contractors, if any.
I. 
No occupancy permits will be issued for the last 20% of the number of homes in any section of a development until such time as all improvements to that section shall have been completed. Streets shall not receive surface coat paving until all heavy construction is completed. Occupancy permits may be issued without shade trees having been installed and accepted and without pavement topping constructed and accepted and without seeding and minor grading where these omissions are necessitated by weather conditions. However, no performance bonds may be released or reduced without such total acceptance.
J. 
The requirements of N.J.S.A. 40:55D-53 entitled "Guarantees required; surety; release," shall be followed in the acceptance of performance guaranties and the release of such guaranties. No performance guaranties shall be reduced until there is substantial completion of the improvements covered by the guaranty.
K. 
If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements, and upon completion the same procedure of notification as set forth in this section shall be followed.
L. 
Reduction in performance bond; inspection of completed improvements.
(1) 
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of the same to the public system, the developer may request of the governing body in writing, by certified mail, addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B(2)(a) of this section, a list of all uncompleted or unsatisfactorily completed improvements, If such a request is made, the developer shall send a copy of the request to the Planning Board and Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the developer. Thereupon, the Township Engineer shall inspect all improvements covered by the developer's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the developer not later than 45 days after receipt of the developer's request.
(2) 
The list prepared by the Township Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B(2)(a) of this section.
(3) 
The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer or reject any or all of these improvements upon the establishment in the resolution of cause for rejection and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B(2)(a) of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the governing body, the developer shall be released from all liability pursuant to its performance guaranty, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements. Agreement to the reduction of the performance guaranty in accordance with the provisions of this section shall not constitute approval or acceptance of any of the improvements by the governing body.
(4) 
If the Township Engineer fails to send or provide the list and report as requested by the developer pursuant to Subsection L(1) of this section within 45 days from receipt of the request, the developer may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(5) 
If the governing body fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the developer may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guaranty for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B(2)(a) of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(6) 
In the event that the developer has made a cash deposit with the Township or approving authority as part of the performance guaranty, then any partial reduction granted in the performance guaranty pursuant to this section shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.
(7) 
If any portion of the required improvements is rejected, the approving authority may require the developer to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.
M. 
The approval of any plat under this chapter by the approving authority shall in no way be construed as acceptance of any street or drainage system or any other improvement required by this chapter, nor shall such plat approval obligate the Township in any way to maintain or exercise jurisdiction over such street or drainage system or other improvement.
N. 
In addition to the requirements of Subsection L of this section, no improvement shall be accepted or any performance guaranty released by the governing body for a site plan or major subdivision, or any section thereof, unless and until all of the following conditions have been met:
(1) 
The Township Engineer shall have certified in writing that all the improvements are complete and that they comply fully with the requirements of this chapter and other applicable local ordinances.
(2) 
The developer has provided a maintenance guaranty in cash, surety bond or irrevocable letter of credit pursuant to N.J.S.A. 40:55D-53.5 in an amount equal to 15% of the cost of improvements, which cost shall be determined by the Township Engineer according to the method of calculation set forth in Subsection B(2)(b), and running for two years. The maintenance guaranty shall be in a form acceptable to the governing body and approved as to form and content by the Township Engineer and Township Attorney. In the event that other government agencies or public utilities automatically will own the utilities to be installed or that the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements. The posting of bonds and the payment of inspection fees may, however, be required separately by these agencies.
(3) 
The developer has installed monuments and provided a sealed letter from its engineer or land surveyor to the Township Engineer certifying the presence in the ground of said monuments as shown on the final plans.
(4) 
The developer has paid all outstanding inspection fees and fees estimated by the Township Engineer to cover inspections to be made during the period of coverage under the maintenance guaranty.
[Amended 1-3-2019 by Ord. No. 2018-23]
(5) 
The developer has made all necessary payments to any department, utility or agency as required by the developer's agreement, Township Code, state statute or the resolutions of approval of the Planning or Zoning Board, including the payment of all taxes and fees due on the property.
[Amended 1-3-2019 by Ord. No. 2018-23]
(6) 
The developer has provided a final release letter (certificate of compliance) from the Freehold Soil Conservation District for the overall site work.
(7) 
The developer has filed as-built drawings with the Township Engineer's office, to include the following details, either on a single drawing or on a number of sheets:
(a) 
All bondable improvements, including but not limited to:
[1] 
The location(s) of all sanitary sewer lines, storm drainage lines, including yard underdrain systems installed by the developer, inverts and rims or grate elevations of all structures, i.e., catch basins, manholes, yard drains and headwalls. The horizontal runs of storm and sanitary lines should be identified as to the percentage of slope, size, distance between structures and type of material, i.e., RCP, PVC, etc. All areas of riprap and berms should be shown, but dimensions are not necessary. Water lines should be shown as to pipe size and material, with hydrant locations, but inverts are not required.
[2] 
All curbs, roadways, sidewalks and driveway aprons must be shown, identifying physical, horizontal and right-of-way dimensions.
[3] 
The current block and lot numbers and lot layout should be reflected on the plan as well as property lines, right-of-way lines and easements. The plans should also include all street names.
[4] 
Shade tree locations and limits of grading need not be shown.
[5] 
Center-line grades of all roadways must be shown, either with profiles or center-line spot elevations at least every 50 feet, including existing streets that were improved by widening or overlay.
[6] 
Typical right-of-way cross section locating sidewalk, curbs and pavement must be shown. Right-of-way dimension and horizontal distances are required; no vertical dimensions are required.
[7] 
Street signs and traffic safety devices must be shown.
[8] 
Driveways must be shown.
[9] 
Ground slope elevations need not be shown, but directional arrows to show overland flow of surface water are required. As-built ground slope elevations and contours shall be shown in two-foot increments and as additionally required by the Township Engineer.
[Amended 1-3-2019 by Ord. No. 2018-23]
[10] 
If a detention basin was part of the improvements, the top of the slope perimeter should be shown as well as maximum water depth, and storage volume of the basin. Also, low flow channels and the actual volume of the basin should be indicated.
[Amended 1-3-2019 by Ord. No. 2018-23]
(b) 
All homes, including porches, patios, pools, walks and chimneys, should be shown in general outline, including the type of structure and number of stories, as well as the post office house number designation. Each location need not have setback and offset dimensions but should be drawn so as to be able to graphically ascertain this information within two- to three-foot accuracy.
(8) 
The developer has prepared and recorded deeds of dedication with the County Clerk for the following: all open space or undeveloped properties dedicated to the Township, all lots containing stormwater facilities (detention, retention basins or other) which are to be owned and/or maintained by the Township, all easements (utility, sight triangle, conservation or other), any applicable affordability controls required by the approval, roadway right-of-way widening or alteration or other as determined by the Township.
[Amended 1-3-2019 by Ord. No. 2018-23]
O. 
The time allowed for installation of the improvements for which the performance guaranty has been provided is two years, but it may be extended by the governing body by resolution. As a condition or as a part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Township Engineer according to the method of calculation as set forth in Subsection B(2)(b).
P. 
If the required improvements are not completed or corrected in accordance with the performance guaranty, the developer and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
Q. 
Developer's agreement. All final plat approvals shall be subject to the developer entering into a developer's agreement with the Township of Marlboro. The agreement shall be in a form approved by and satisfactory to the Municipal Attorney.
R. 
If the approving authority includes as a condition of approval of an application for development the installation of streetlighting on a dedicated public street connected to a public utility, then upon notification in writing by the developer to the approving authority and governing body of the municipality that the streetlighting on a dedicated public street has been installed and accepted for service by the public utility and that certificates of occupancy have been issued for at least 50% of the dwelling units and 50% of the floor area of the nonresidential uses on the dedicated public street or portion thereof indicated by this section pursuant to N.J.S.A. 40:55D-38, the Township shall, within 30 days following receipt of the notification, make appropriate arrangements with the public utility for and assume the payment of the costs of the streetlighting on the dedicated public street on a continuing basis. Compliance by the municipality with the provisions of this subsection shall not be deemed to constitute acceptance of the street by the municipality.
[Added 10-20-2005 by Ord. No. 2005-53; amended 3-2-2006 by Ord. No. 2006-10]
A. 
Streetlight contribution program. Lights for illuminating streets, parking areas, driveways, walkways and other areas shall be of a type approved by the municipal agency empowered to grant site plan or subdivision approval and the electric utility company. The developer shall pay to the Township an amount equal to the per-streetlighting-unit installation charge, and the capital contribution to be paid by the Township pursuant to the capital contribution program provided by the Jersey Central Power and Light Company, for each streetlighting unit required to be installed by the developer either on or off site along a street, parking area, walkway or other area dedicated or to be dedicated to the Township or county, pursuant to the approval of the Zoning Board of Adjustment or the Planning Board, as the case may be. The amount of the required payment shall be included in the developer's agreement and shall be paid prior to the commencement of construction activity by the developer.
B. 
In conformance with N.J.S.A. 40:55D-53.6, the Township shall only make appropriate arrangements with the public utility for, and assume the payment of, the costs of the streetlighting on a public street, parking area, walkway or other area dedicated or to be dedicated to the Township, pursuant to the approval of the Zoning Board of Adjustment or the Planning Board upon the developer providing the Township written proof from the public utility that the developer has fully paid the public utility for the operating costs associated with the streetlights up through and including the date the Township accepts responsibility for the streetlights.
A. 
Enforcing officer.
(1) 
It shall be the duty of the Zoning Officer appointed by the Township of Marlboro to administer and enforce this chapter. No structure shall be modified, extended, enclosed, constructed, reconstructed, structurally altered or erected until a building permit is obtained from the Building Inspector, for which a fee may be required as established by resolution of the Township Council. In no case shall a building permit be issued for the construction or alteration of any structure or site until the Building Inspector determines that the proposed construction or alteration conforms to the provision(s) of this chapter. It shall be the duty of the Zoning Officer and Building Inspector to cause any new or modified structures, plans, sites or premises to be inspected or examined and order the owner, in writing, that any condition be remedied which is found to exist in violation of any provisions of this chapter. The Building Inspector and/or Zoning Officer shall have the right to enter any structure or premises during the daytime in the course of his duties. It shall be the duty of the Building Inspector to keep a record of all applications and building permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the Township public records.
(2) 
It shall be the duty of the Township Engineer to monitor all development activities concerned with approved subdivisions and site plans and, in case of any ordinance and/or plan violations, to promptly report to and require prompt corrective action by the developer, and to keep the Planning Board promptly and fully informed of such violations and corrective action so that further legal action may be taken if required.
B. 
Right to revoke approvals. The Planning Board shall have the right to revoke site plan or subdivision approval theretofore given when the applicant, property owner, successor property owners, their contractor(s) or other agent(s), servant(s) and/or employee(s) deviate in a material and/or substantial manner from the standards, conditions and/or requirements of site plan or subdivision approval in the construction, maintenance and/or development of the property, land or site or a portion of the same. Notice of such deviation shall be given to the Chairman of the Planning Board by the Zoning Officer or Municipal Engineer, who shall thereafter cause written notice of the charge to be served upon the developer and/or property owner at the address shown by the tax assessment records of the Township. The notice shall state that the Planning Board shall hold a hearing in order to determine whether site plan or subdivision approval should be revoked because of the deviation from the standards, conditions and/or requirements of site plan or subdivision approval. The property owner may appear personally and participate at such hearing and may be represented by an attorney at law. The hearing may be scheduled not earlier than seven days after receipt of the written notice by the Chairman nor later than 45 days after such receipt, provided that the property owner and/or developer shall have at least five days' notice of such hearing. Service by mail of the notice upon the property owner shall be deemed to have been made upon deposit of a properly addressed notice in the United States Mail.
C. 
Violations and penalties.
[Added 7-15-2010 by Ord. No. 2010-11]
(1) 
Any property owner, resident, State of New Jersey licensed home improvement contractor, pursuant to N.J.S.A. 56:8-136 et seq., or other person regulated by the state as an architect, professional engineer, landscape architect, land surveyor, electrical contractor, master plumber, or any other person in any other related profession requiring registration, certification or licensure by the state, who is acting within the scope of practice of his profession (hereinafter collectively referred to as, "licensed professionals or contractors"), who fails to pay the required fee and obtain a permit pursuant to § 220-32A hereinabove, and who shall undertake or cause to undertake such construction work without a permit therefor shall be deemed to be in violation of this chapter. Such violations shall, upon conviction thereof, be punishable by a minimum fine of $250 for the first violation, $500 for the second violation and $1,000 for a third or subsequent violation, with the maximum fine not to exceed $2,000, or imprisonment or community service for a term not to exceed 90 days, or by both such fine and imprisonment or community service, in the discretion of the Municipal Court Judge. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation(s) may be punished as provided above for each separate offense.
(2) 
Any licensed home improvement contractor or licensed professionals or contractors who are convicted of violating the provisions of this chapter with the date of the violation having taken place within one year of the date of a previous violation of this chapter, and who were fined pursuant to § 220-32C(1), shall be sentenced by the Marlboro Township Municipal Court to an additional fine(s) as a repeat offender. The additional fine(s) imposed for repeat offenders shall be calculated separately from the fine(s) imposed for such additional violation(s).
(3) 
In accordance with the provisions of N.J.S.A. 40:49-5, the Township shall waive the imposition of additional fines as a repeat offender upon a property owner or resident for repeated violations of this chapter within a one-year period. Pursuant to § 220-32C(2), licensed home improvement contractors and licensed professionals or contractors shall be subject to additional penalties and fines for subsequent violations of this chapter within a one-year period as repeat offenders, each such subsequent violation to be deemed a separate offense, as set forth in § 220-32C(2).
(4) 
The Municipal Court Clerk shall forward a copy of all convictions issued pursuant to violations of this chapter upon licensed home improvement contractors and licensed professionals or contractors to the New Jersey Department of Community Affairs.
These regulations shall not be construed as abating any action now pending under or by virtue of prior existing subdivision, site plan or zoning regulations, or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the municipality under any section or provision existing at the time of adoption of this chapter, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the Township, except as shall be expressly provided for in this chapter.