A.
For the purposes of this chapter, the Township of
Marlboro is divided into the following districts:
[Amended 2-16-1989 by Ord. No. 1-89; 11-29-1990 by Ord. No.
56-90; 12-13-1990 by Ord. No. 63-90; 1-24-1991 by Ord. No. 64-90; 4-30-1992 by Ord. No. 7-92; 11-24-1992 by Ord. No. 40-92]
|
LC
|
Land Conservation District
| |
|
R-80
|
Residential District
| |
|
R-60
|
Residential District
| |
|
R-60/40
|
Residential District
| |
|
R-40/30
|
Residential District
| |
|
R-60/15
|
Residential District
[Added 2-23-1995 by Ord. No. 1-95] | |
|
R-40AH
|
Residential District
[Added 5-14-1998 by Ord. No. 9-98] | |
|
R-40GAH
|
Residential District
[Added 5-14-1998 by Ord. No. 9-98] | |
|
R-30
|
Residential District
| |
|
R-30/20
|
Residential District
[Added 5-13-1999 by Ord. No. 1999-12] | |
|
R-25
|
Residential District
| |
|
R-20
|
Residential District
| |
|
R-1.5
|
Residential District
| |
|
R-20/15
|
Residential District
[Added 4-25-1996 by Ord. No. 12-96] | |
|
R-20AH-1
|
Residential District
[Added 5-14-1998 by Ord. No. 9-98] | |
|
R-20AH-2
|
Residential District
[Added 5-14-1998 by Ord. No. 9-98] | |
|
R-10AH
|
Residential District
[Added 12-3-1998 by Ord. No. 13-98] | |
|
FRD
|
Residential District
| |
|
FSC
|
Residential District
| |
|
RSC
|
Residential District
| |
|
THD
|
Township District
| |
|
MHD
|
Mobile Home Park District
| |
|
MHD-II
|
Mobile Home Park District
| |
|
MFD
|
Multifamily District
| |
|
MFD-I
|
Multifamily District
| |
|
MFD-II
|
Multifamily District
| |
|
MFD-III
|
Multifamily District
[Added 12-10-2009 by Ord. No. 2009-35] | |
|
MFD-IV
|
Multifamily District
[Added 2-12-2009 by Ord. No. 2009-3] | |
|
SCMFD-I
|
Multifamily District
[Added 4-4-2000 by Ord. No. 2000-7] | |
|
SCMFD-II
|
Senior Citizen Multifamily District II
[Added 12-7-2000 by Ord. No. 2000-8] | |
|
MFPHD
|
Multifamily/Patio Home District
[Added 12-7-2000 by Ord. No. 2000-23] | |
|
PAC
|
Residential District
| |
|
PAC-II
|
Residential District
| |
|
PAC-III
|
Residential District
[Added 12-2-1999 by Ord. No. 1999-43] | |
|
RSCS
|
Residential District
| |
|
OPT-1
|
Office Transitional District
| |
|
OPT-2
|
Office Transitional District
| |
|
OPT-3
|
Office Transitional District
| |
|
SCPR
|
Residential District
[Added 9-9-1993 by Ord. No. 44-93] | |
|
SCPR-II
|
Residential District
[Added 8-19-1999 by Ord. No. 1999-29] | |
|
CS
|
Commercial Service District
| |
|
C-1
|
Village Commercial District
| |
|
C-2
|
Neighborhood Commercial District
| |
|
C-3
|
Community Commercial District
| |
|
C-4
|
Regional Commercial District
| |
|
C-5
|
Community Commercial District II
[Added 8-11-2005 by Ord. No. 2005-26] | |
|
CIR
|
Commercial-Industrial-Research District
| |
|
IOR
|
Industrial-Office-Research District
| |
|
LI
|
Light Industrial District[1]
| |
|
A/LC
|
Agriculture/Land Conservation District
[Added 5-25-1995 by Ord. No. 9-95[2]] | |
|
AHA
|
Airport Hazard Area District[3]
| |
|
ROS
|
Recreation and Open Space District
[Added 12-12-2019 by Ord.
No. 2019-14] | |
|
CF
|
Community Facilities District
[Added 12-12-2019 by Ord.
No. 2019-14] | |
|
GH-1
|
Generational Housing 1 (MDG/Bathgate)
[Added 12-12-2019 by Ord.
No. 2019-14] | |
|
GH-2
|
Generational Housing 2 (EL at Marlboro/Marlboro Parke)
[Added 12-12-2019 by Ord.
No. 2019-14] | |
|
GH-3
|
Generational Housing 3 (Weitz/Pallu)
[Added 12-12-2019 by Ord.
No. 2019-14] | |
|
GH-4
|
Generational Housing 4 (Weitz/Ashbel)
[Added 12-12-2019 by Ord.
No. 2019-14] | |
|
GH-5
|
Generational Housing 5 (M&M)
[Added 12-12-2019 by Ord.
No. 2019-14] | |
|
GH-6
|
Generational Housing 6 (Buckdale)
[Added 12-12-2019 by Ord.
No. 2019-14] | |
|
GH-7
|
Generational Housing 7 (Wildflower/The Place at Marlboro)
[Added 12-12-2019 by Ord.
No. 2019-14] | |
|
GH-8
|
Generational Housing 8 Overlay (Marlboro Motor Lodge)
[Added 12-12-2019 by Ord.
No. 2019-14] |
[1]
Editor’s Note: Former MZ Municipal Zone District, which
immediately followed this district, was repealed 12-12-2019 by Ord.
No. 2019-14.
[2]
Editor's Note: This ordinance also repealed
former HD Hospital Zone.
[3]
Editor’s Note: Former AH-TR Affordable Housing - Ticetown
Road District, added 3-5-2009 by Ord. No. 2009-6, and which immediately
followed this district, was repealed 4-15-2010 by Ord. No. 2010-6.
B.
Zoning Map.
(1)
The boundary of all zoning districts set forth in
this chapter shall be shown on a map dated January 24, 1991, as amended,
and entitled "Zoning Map of the Township of Marlboro." Such map is
hereby made a part of this chapter.[4]
[Amended 9-28-1989 by Ord. No. 45-89[5]; 11-29-1990 by Ord. No. 57-90; 12-13-1990 by Ord. No. 63-90; 1-24-1991 by Ord. No. 64-90; 4-25-1991 by Ord. No. 10-91; 10-24-1991 by Ord. No.
39-91; 7-16-1992 by Ord. No. 20-92; 11-24-1992 by Ord. No. 40-92; 9-8-1994 by Ord. No. 18-94[6]; 4-25-1996 by Ord. No. 12-96; 5-14-1998 by Ord. No. 9-98; 12-3-1998 by Ord. No. 13-98; 5-13-1999 by Ord. No. 1999-10; 5-13-1999 by Ord. No. 1999-12; 5-27-1999 by Ord. No. 1999-14; 8-19-1999 by Ord. No. 1999-29; 12-2-1999 by Ord. No. 1999-43; 3-9-2000 by Ord. No. 2000-3[7]; 5-11-2000 by Ord. No. 2000-4[8]; 5-11-2000 by Ord. No. 2000-5; 4-4-2000 by Ord. No.
2000-7; 12-7-2000 by Ord. No. 2000-8[9]; 12-7-2000 by Ord. No. 2000-33[10]; 6-27-2002 by Ord. No. 2002-16; 10-10-2002 by Ord. No.
2002-25; 7-14-2005 by Ord. No. 2005-25; 8-11-2005 by Ord. No.
2005-26; 7-14-2005 by Ord. No. 2005-27; 9-8-2005 by Ord. No.
2005-28; 7-14-2005 by Ord. No. 2005-29; 8-11-2005 by Ord. No.
2005-30; 8-11-2005 by Ord. No. 2005-32; 8-11-2005 by Ord. No.
2005-33; 7-25-2006 by Ord. No. 2006-15; 10-19-2006 by Ord. No.
2006-32; 7-12-2007 by Ord. No. 2007-14; 2-12-2009 by Ord. No.
2009-3; 9-30-2009 by Ord. No. 2009-2; 10-15-2009 by Ord. No.
2009-32; 6-13-2013 by Ord. No. 2013-12; 3-6-2014 by Ord. No.
2014-7]
[4]
Editor's Note: A copy of the Zoning Map is
on file in the Municipal Clerk's office.
[6]
Editor's Note: This ordinance also provided
that developers shall be responsible for the payment of all legal,
administrative and other costs associated with this rezoning. In addition,
this ordinance was to become effective on approval by the Superior
Court of New Jersey, Law Division.
[7]
Editor's Note: Ordinance No. 2000-12, adopted
5-11-2000, amended this ordinance to include a provision that this
ordinance shall not take effect until approval has been received from
the Superior Court of New Jersey or the Council on Affordable Housing
authorizing its implementation. Ordinance No. 2000-3 was repealed
10-19-2006 by Ord. No. 2006-30.
[8]
Editor's Note: This ordinance also included
a provision that it shall not take effect until approval has been
received from the Superior Court of New Jersey or the Council on Affordable
Housing authorizing its implementation. Ordinance No. 2000-4 was repealed
10-19-2006 by Ord. No. 2006-30.
[9]
Editor's Note: This ordinance also included
a provision that it shall not take effect until approval has been
received by the Council on Affordable Housing authorizing its implementation,
in conjunction with a final grant of substantive certification from
COAH.
[10]
Editor's Note: This ordinance also included
a provision that it shall not take effect until approval has been
received by the Council on Affordable Housing authorizing its implementation,
in conjunction with a final grant of substantive certification from
COAH.
(2)
Grandfathering clause.
[Added 7-25-2006 by Ord. No. 2006-15; amended 6-13-2013 by Ord. No. 2013-12]
(a)
The requirements of the LC Land Conservation District shall not apply
to any property referenced in Ordinance No. 2006-15 that maintains
a single-family residential structure, as of the effective date of
said ordinance, that is in full compliance with the requirements of
the R-80 Residential District and any other applicable state and Township
laws and requirements, provided that said property would not be further
subdivided. Should such an application to subdivide come forward,
the applicant would then be required to meet the zoning standards
established for the LC Land Conservation District. In all other instances,
the zoning standards in place for the R-80 Residential District would
apply.
(b)
In the event that a property has been part of a previously approved
residential subdivision in which some, but not all, of the approved
lots have been developed and have dwellings constructed on them and
if such development has been rezoned subsequent to the subdivision
approval, then vacant lots within the existing or approved subdivision(s)
may be developed in accordance with the same approvals issued to the
original subdivision under the former zoning requirements. This provision
shall not be applicable to any remnant lot in undeveloped areas that
may be subject to further subdivision, or whose development as a single-family
residential lot was not approved as part of the subdivision approval
under the applicable former zoning.
C.
Designation of zone boundaries. The zone boundary
lines are intended generally to follow the center lines of streets,
the center lines of railroad rights-of-way, existing lot lines, the
center lines of rivers, streams and other waterways or municipal boundary
lines, all as shown on the Zoning Map; but where a zone boundary line
does not follow such a line, its position is shown on said Zoning
Map by a specific dimension expressing its distance in feet from a
street line or other boundary line as indicated.
(1)
Boundary line.
(a)
Where such boundaries are not fixed by dimensions
and where they approximately follow ten-foot lines and where they
do not scale more than 10 feet distant therefrom, such ten-foot lines
shall be construed to be such boundaries unless specifically shown
otherwise.
(b)
In unsubdivided land and where a zone boundary
divides a lot, the location of such boundary, unless the same is indicated
by dimensions shown on the map, shall be determined by the use of
the scale appearing thereon.
(2)
Division of a lot in single ownership. Where a district
boundary line divides one or more lots which are in a single ownership
at the time of the passage of this chapter, any use authorized in
either district on such lot or lots may extend not more than 50 feet
beyond the boundary line of the district in which such use is authorized.
The use so extended shall be deemed to be conforming.
(3)
Vacation of streets or other public ways. Where a
vacated right-of-way is bounded on either side by more than one district,
the former center line of such right-of-way becomes the new district
line.
D.
Schedule of Area, Yard and Building Requirements. The Schedule of Area, Yard and Building Requirements, as amended, is included as an attachment to this chapter and cited as § 220-34D.
[Amended 2-16-1989 by Ord. No. 1-89; 12-13-1990 by Ord. No.
63-90; 1-24-1991 by Ord. No. 64-90; 10-22-1992 by Ord. No. 37-92; 12-10-2009 by Ord. No. 2009-35]
E.
Mount Laurel settlement. Nothing in this Code shall
be deemed to affect or modify the terms and conditions of the consent
order for final judgment in a consolidated lawsuit captioned "Michael
Kaplan, et al., Plaintiff, v. the Township of Marlboro, et al., Defendants,"
bearing lead Docket No. L-039595-84, and executed by the Honorable
Eugene D. Serpentelli on December 24, 1985, with respect to properties
covered by the order, as the order may be modified from time to time
by further order of the Superior Court.
[Added 10-13-1988 by Ord. No. 54-88]
F.
First Property Group, Inc., settlement. Nothing in
this Code shall be deemed to affect or modify the terms and conditions
of the consent order approving the settlement in a lawsuit captioned
"First Property Group, Inc., a Corporation of the State of New Jersey
and Bess Weisenfeld, Plaintiffs, vs. Zoning Board of Adjustment of
Marlboro Township, et al., Defendants," bearing Docket No. L7451-87E
with respect to properties covered by the order.
[Added 5-18-1989 by Ord. No. 14-89]
G.
Ryan Meadows Associates settlement. Nothing in this
Code shall be deemed to affect or modify the terms and conditions
of the consent order for dismissal on terms and conditions in a lawsuit
captioned "Ryan Meadows Associates, Plaintiff, vs. Township Council
of the Township of Marlboro, Defendant," bearing Docket No. L-52705-85
P.W. with respect to properties covered by the order.
[Added 5-18-1989 by Ord. No. 14-89]
H.
Pioneer Partners Associates settlement. Nothing in
this Code shall be deemed to affect or modify the terms and conditions
of the consent order for dismissal on terms and conditions in a lawsuit
captioned "Pioneer Partners, a New Jersey Partnership, Plaintiff v.
Township of Marlboro, a Municipal Corporation of New Jersey," bearing
Docket No. L-56398-89 and "Pioneer Partners, a New Jersey Partnership,
Plaintiff v. Township of Marlboro, a Municipal Corporation of the
State of New Jersey, Mayor and Council of the Township of Marlboro
and Planning Board of the Township of Marlboro," bearing Docket No.
L-57122-88 with respect to properties covered by the order. Property
to be conveyed to the municipality shall be considered zoned Municipal
Zone.
[Added 4-25-1991 by Ord. No. 10-91]
A.
Provisions of existing ordinances. Any restrictions
or requirements with respect to buildings or land which appear in
other ordinances of the Township of Marlboro or are established by
law and which are greater than those set forth herein shall take precedence
over the provisions of this chapter.
B.
Application of regulations. Except as hereinafter
otherwise provided:
(1)
No building shall be erected and no existing building
shall be moved, altered, added to or enlarged nor shall any land or
building be designed, used or intended to be used for any purpose
or in any manner other than as specified among the uses hereinafter
listed as permitted in the zone in which such building or land is
located.
(2)
No building shall be erected, reconstructed or structurally
altered to exceed in height the limit hereinafter designated for the
zone in which such building is located.
(3)
No building shall be erected and no existing building
shall be altered, enlarged or rebuilt nor shall any open space surrounding
any building be encroached upon or reduced in any manner except in
conformity with the yard, lot area and building location regulations
hereinafter designated for the zone in which such building or open
space is located. In the event any of such unlawful encroachment or
reduction occurs, such building or use shall be deemed to be in violation
of this chapter and the certificate of occupancy shall become void.
(4)
No yard or other open space provided around any building
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for any other buildings,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building on any other lot.
(5)
No off-street parking area, loading or unloading area
provided to meet the minimum off-street parking, loading or unloading
area requirements for one use or structure shall be considered as
providing off-street parking, loading or unloading area for a use
or structure on any other lot, unless specifically permitted elsewhere
in this chapter.
(6)
No parcel utilized for single-family dwelling purposes
shall contain more than one principal building.
C.
Permitted modifications and exceptions.
(1)
Height limits. Height limitations in §§ 220-47 through 220-93 of this chapter shall not apply to chimneys, church spires, gables, silos, belfries, domes, ventilators, skylights, parapets, cupolas, standpipes, flagpoles, monuments, transmission towers, radio and television antennas, cables, water tanks and conditioners and similar structures and necessary mechanical appurtenances for the zone in which the building is located, provided that no such exception shall cover at any level more than 10% of the area of the roof or ground on which it is located. Public and quasi-public buildings, schools, churches and other similar permitted uses shall increase the front, rear and side yards one foot for each foot by which the building exceeds the height limit herein established for such zone in which it is located, but in no case shall any building have a height exceeding 50 feet unless elsewhere provided in this chapter.
(a)
Freestanding aerials or antennas shall be located
or placed in the rear yard and shall be not more than 15 feet higher
than the highest building within a radius of 500 feet, and if the
aerial or antenna is more than 20 feet in height, it shall be built
to withstand winds up to 100 miles per hour.
(b)
Aerials or antennas attached to or on a building
shall extend no more than 15 feet above the highest building within
a radius of 500 feet, and if the aerial or antenna extends more than
20 feet above the point of attachment, it shall be so constructed
as to be able to withstand winds up to 100 miles per hour.
(c)
Freestanding flagpoles may be erected or placed
in any yard, and if the pole is more than 20 feet in height, it shall
be so built as to be able to withstand winds up to 100 miles per hour.
(d)
Satellite antennas shall comply with the following
requirements:
[Added 3-20-1986 by Ord. No. 3-86]
[1]
Satellite antennas shall be deemed accessory
buildings and, except where an unreasonable interference with satellite
signal reception will result, shall be subject to all the provisions
and restrictions, including issuance of a building permit, applicable
to accessory buildings generally and in the respective zone district
in which the same may be located. It shall be the burden of the applicant
to prove the existence of an unreasonable interference with satellite
signal reception by demonstrating such interference to the Zoning
Officer.
[Amended 9-24-1992 by Ord. No. 11-92]
[2]
No satellite antenna shall exceed 12 feet in
height, nor shall the dish or other receiving device exceed 12 feet
in diameter or cross section when measured at its widest points. Height
measurements shall be made from the base or mount of the antenna.
[Amended 6-13-1986 by Ord. No. 21-86; 9-24-1992 by Ord. No.
11-92]
[3]
No satellite antenna may be placed on any rooftop
or other part of a building or structure in any zone, unless an unreasonable
interference with satellite signal reception will result from placement
elsewhere. It shall be the burden of the applicant to prove the existence
of an unreasonable interference with satellite signal reception by
demonstrating such interference to the Zoning Officer.
[Amended 9-24-1992 by Ord. No. 11-92]
[4]
Every satellite antenna shall be reasonably
screened to minimize the view of the antenna from public thoroughfares
and ground levels of adjacent properties, unless said screening shall
cause an unreasonable interference with satellite signal reception.
Screening may consist of trellises, latticework, decorative blocks
or natural plants, shrubs or trees which shall, in the judgment of
the Zoning Officer, be of sufficient density and opacity to provide
adequate screening in compliance with the intention of this subsection,
without unreasonably interfering with reception. This shall be a continuing
requirement, and such screening shall be maintained as originally
approved. It shall be the burden of the applicant to prove the existence
of an unreasonable interference with satellite signal reception by
demonstrating such interference to the Zoning Officer.
[Amended 9-24-1992 by Ord. No. 11-92]
[5]
The satellite antenna shall be designed for
use by residents of the main building only, and no lot may contain
more than one dish antenna.
[6]
No satellite antenna, including its mount, shall
be built, erected or modified until a permit is issued by the Building
Inspector. Any person applying for such a permit shall furnish to
the Building Inspector such plans, drawings and specifications as
he may reasonably require as to the satellite antenna to be erected
and shall pay a fee of $35 with said application.
[7]
All satellite antennas shall be designed in
conformance with the American National Standards Institute Standard
A58.1, American National Standard Building Code requirements for minimum
design loads in buildings and other structures, and the Electronics
Industry Association Standard RS-411, Electrical and Mechanical Characteristics
of Antennas for Satellite Earth Stations, or any modification or successors
to said standards, as well as any other construction or performance
standards, rules and regulations of any governmental entity having
jurisdiction over such antennas, including, without limitation, the
Federal Communications Commission. A certificate of conformance with
the aforesaid standards by the manufacturer's professional personnel
or such other professional as may be deemed appropriate by the Building
Inspector shall be submitted to the Building Inspector as a condition
of the issuance of the building permit required by this section. The
codes and standards referred to herein shall be for reference purposes
only.
[Amended 6-13-1986 by Ord. No. 21-86]
(2)
Undersized lots of record. Any parcel of land with
an area or width less than that prescribed for a lot in the zone in
which such lot is located, which parcel was under one ownership at
the date of the adoption of this chapter and the owner thereof owns
no adjoining land, may be used as a lot for any purpose permitted
in the zone, provided that the minimum area requirements for such
lot shall be 10,000 square feet of lot size and 70 feet of lot width;
further provided that the minimum side yard area for any building
shall be no less than 10 feet, and further provided that all other
regulations prescribed for the zone by this chapter are complied with.
Lots which are not of the required minimum area or width may be used
for any purpose permitted in the zone in which they are located if
such lots were included in a subdivision plat which was either duly
approved under the Municipal Planning Act of 1953 prior to the effective
date of this chapter but subsequent to January 1, 1954 (the effective
date of such Act), or granted tentative approval under said Act prior
to the effective date of this chapter and granted final approval after
the effective date of this chapter but within three years from the
date of such tentative approval, and provided further that the final
subdivision plat in either instance shall have been duly recorded
in the office of the County Clerk within the time required by law.
(3)
Irregularly shaped lots.
(a)
In the case of irregularly shaped lots, the
minimum lot width may be measured at the building line, provided that
in no case shall the lot frontage be less than 75% of the minimum
lot width requirement.
(b)
Lots on culs-de-sac. In the case of an irregularly
shaped lot that results from fronting on a cul-de-sac, the minimum
lot width shall be measured at the building setback line, provided
that in no case shall the lot frontage be less than 75% of the minimum
lot width requirement.
[Added 5-23-1991 by Ord. No. 9-91]
(4)
Yards. Open fire escapes may not project more than
five feet into any side or rear yard in a residential zone. A paved
terrace at ground level shall not be considered in the determination
of side or rear yard sizes or lot coverage; provided, however, that
such terrace is unroofed and without walls, parapets or other form
of enclosure. No paved terrace or driveway shall be permitted closer
than five feet to any side or rear property line. The requirements
of this section shall not apply to any driveways constructed and maintained
on a property prior to the year 2000.
[Amended 1-3-2019 by Ord.
No. 2018-23]
(5)
Construction offices: trailers. A permit may be issued
by the Building Inspector upon the application of the owner, contractor
or subcontractor for permission to use transportable or wheeled offices
on any premises for the exclusive use of personnel actually engaged
in the construction of any structures on said premises and for the
storage of tools, material and equipment, provided that a zoning and
building permit for said construction has been previously issued and
is still in force, and provided further that said offices shall not
be used as sleeping or living quarters or for any purpose other than
construction. Said permit shall expire six months from the date of
issuance but upon application may be renewed for two additional six-month
periods by the Building Inspector at no additional fee upon satisfactory
proof that construction is still in progress. Upon application for
said permit, a fee of $25 shall be paid.
D.
Other general provisions.
(1)
Preservation of natural features.
(a)
No structure shall be built within 100 feet
of the top of the bank of a stream or other body of water or within
any drainage or conservation easement, and no fence shall be constructed
on a conservation easement. No building shall be constructed within
the one-hundred-year floodplain of any stream or watercourse, or on
land subject to periodic overflow, or on land which has a water table
within two feet from the bottom of the structure's lowest footing
or slab, whichever is lowest.
(b)
No person, firm or corporation shall strip,
excavate or otherwise remove topsoil for any reason, except the following:
(c)
Existing natural features, such as trees, shrubs,
brooks, drainage channels and view, shall be retained. Whenever such
features interfere with the proposed use of such property, a retention
of the maximum of such features consistent with the use of the property
shall be required, at the discretion of the Planning Board.
(2)
Solid waste disposal. The dumping of refuse, waste
material or other substances is prohibited in all districts within
the Township, with the exception of designated landfill sites. Only
inorganic matter may be used for the purpose of fill in order to establish
grades.
(3)
Storage of materials. No person shall store materials
of any kind on the premises in any district except for the construction
of a structure to be erected on the premises, unless specifically
permitted elsewhere in this chapter.
(4)
Appearance of buildings.
(a)
Within any residential district, no building
shall be constructed or altered so as to be inharmonious with the
residential character of adjacent structures.
(b)
The following types of construction, but not
limited to the following, shall not be considered to be residential
in character: storefront types of construction, garage doors (larger
than needed for passenger vehicles or light commercial vehicles) and
unfinished concrete block or cinder block wall surfaces.
(5)
Building frontage on street. Every principal building
shall be built upon a lot with frontage upon a public street improved
to meet the Township's requirements or for which such improvements
have been ensured by the posting of a performance guaranty pursuant
to the land subdivision provisions of this chapter, unless relief
has been granted by the Board of Adjustment under the provisions of
N.J.S.A. 40:55D-72.
(6)
Front yard measurement on road to be widened. Where
a building lot has frontage on a street which the Master Plan or the
Official Map of the Township indicates is proposed for right-of-way
widening, the required front yard area shall be measured from such
proposed right-of-way line.
(7)
Front yard setbacks. All yards facing on a public
street shall conform to the minimum front yard setback requirements
for the zone in which located. Corner lots shall provide the minimum
front yard setback requirements for the respective zone for both intersecting
streets, for both principal and accessory buildings.
(8)
Storage in front yard. No front yard shall be used
for open storage of boats, vehicles or any other equipment, except
for vehicular parking on driveways. All open storage areas shall be
properly landscaped.
(9)
Accessory buildings. An accessory building attached
to a principal building shall comply in all respects with the yard
requirements of the zoning provisions of this chapter for the principal
building. Detached accessory buildings shall be located in other than
a front yard, and if located in a side yard, shall conform to side
yard requirements of such zoning provisions.
(10)
Private garages. All single-family dwellings
for which a certificate of occupancy shall be issued on or after January
1, 1974, shall be required to provide a private garage on the lot
large enough to accommodate one full-size American passenger vehicle.
(11)
Street closures. Whenever any street, alley
or other public way is vacated by official action of the governing
body, the zoning district shall be automatically extended to the center
of such vacated public way, and all area included in the vacated area
in question shall be subject to all appropriate regulations of the
extended districts.
(12)
Essential services. The provisions of this chapter shall not apply to customary underground essential services, except that all facilities such as pumping stations, repeater stations and electric substations which require a structure above grade shall require a special use permit subject to the provisions of § 220-106 of this chapter.
(13)
Display by business. Business structures or
uses shall not display goods for sale purposes or place coin-operated
vending machines of any type beyond three feet of the structure in
which such business activity is carried on.
(14)
Single-zone requirement. On any lot, all yards,
open spaces, off-street parking and landscaping for a permitted building
or use must be contained within one zone.
(15)
Farms. Farms, as defined in § 220-4 of this chapter, shall be permitted in all zone districts (whether or not farms or agriculture are explicitly permitted uses), in accordance with § 220-36 and the setback requirements of the zone. Any required setback may be reduced by the width of any agricultural buffer which has been required pursuant to § 220-144F of this chapter.
[Added 2-16-2006 by Ord. No. 2006-1]
(16)
Gardening. The raising of vegetables and fruits
for personal use, but not for sale, shall be permitted on any lot
in any zone, provided that no such vegetables or fruits may be grown
in the required front yard area.
(17)
Cattle and horses. The raising of cattle and
horses shall be permitted on any farm, provided that there shall be
an open area of at least 10,000 square feet for each head of livestock
and such open areas shall not be located closer than 50 feet to any
property line unless the gross area of the property contains more
than six acres.
(18)
Chickens. The raising of chickens shall be permitted
on any farm, provided that the area utilized for such chickens is
no closer than 100 feet to any property line.
(19)
Horses. The keeping of horses for personal pleasure
or use shall be permitted for single-family residential structures,
provided that:
(a)
There shall be not more than two horses located
on any residential property.
(b)
There shall be an aggregate open area equal
to not less than 40,000 square feet for each horse on the property.
(c)
Such open area shall not be located closer than
50 feet to any property line unless the gross area of the property
contains more than six acres.
(d)
Buildings for the quartering of horses shall
not be located closer than 100 feet to any property line except on
a lot of six or more acres, where the building may be located within
25 feet of the side or rear line, provided there is no residential
structure within 100 feet of the property line.
(20)
Underground utility line installation. All utility
lines and accessory appurtenances, including but not limited to electric
transmission and distribution communications, streetlighting and cable
television, shall be installed underground within easements or dedicated
public rights-of-way. The developer, builder or owner shall arrange
with the serving utility for the underground installation of the utility's
distribution lines and service connections in accordance with the
provision of the applicable standard terms and conditions of its tariff
as the same are then on file with the State of New Jersey Board of
Public Utility Commissioners and shall submit to the Planning Board
prior to the granting of approval a written instrument from each serving
utility which shall evidence full compliance with the provisions of
this section; provided, however, that lots which abut existing easements
or public rights-of-way where overhead utility lines have theretofore
been installed may be supplied with service from such overhead lines
if no new utility poles are required. In any event, all new building
service connections shall be installed underground. Wherever the utility
is not installed in the public right-of-way, an appropriate utility
easement not less than 25 feet in width shall be provided. For a single
lot where overhead electric service is available, such service may
be continued by one additional pole, then underground from the pole
to the service connection.
(21)
Water and sewer requirements. Notwithstanding
any other provisions of this chapter, the minimum lot area for any
single-family detached dwelling not served by public water and sanitary
sewers shall be 60,000 square feet.
(22)
Septic tanks, cesspools and wells. Subject to
regulations by the Township of Marlboro Board of Health, in all zones
no septic tank or cesspool or septic tank tile field or part thereof
shall be constructed closer to any property line than 20 feet or closer
to any well than 75 feet, and no well shall be located closer to any
property line than 20 feet or closer to any septic tank, cesspool
or septic tank file field or part thereof than 75 feet, and no tile
field or other facility for the disposal of sewage shall in any case
be allowed the top of which is less than two feet below the existing
grade line. All facilities for the disposal of sewage shall be covered
with not less than two feet of earth or similar material.
(23)
Trailer and boat storage. The outdoor storage
of an unoccupied travel trailer, camper or small boat shall be permitted
on single-family properties, provided that:
(a)
Such storage shall not be located in any required
front yard or closer than 10 feet to any side or rear lot line.
(b)
Travel trailer, camper or small boat shall not
exceed 25 feet in length and eight feet in width.
(c)
Only one such travel trailer or camper and one
small boat shall be permitted to be stored outdoors at any single-family
residence.
(d)
The storage of a travel trailer, camper or small
boat shall not be permitted if its condition is such as to cause a
public nuisance.
(24)
Grading and clearing. The erection of a structure on a lot, the clearing of less than 10 trees over nine inches in caliper, or the alteration of the existing grade on a lot in which the area of disturbance is less smaller than two acres shall be in accordance with a plan approved by the Township Engineer or his representative and shall meet the requirements set forth in Subsection D(24)(a) through (i), inclusive. The clearing of 10 trees over nine inches in caliper or more or the alteration of the existing grade on a lot in which the area of disturbance is of two acres or more shall be in accordance with a plan approved by the Planning Board and shall meet the requirements set forth in Subsection D(24)(a) through (i), inclusive. This provision shall not apply to clearing and grading necessary for the construction of one single- family house unless that construction is incidental to an application that is otherwise before the Planning Board or the Zoning Board of Adjustment. All such applications for a single-family house are to conform to the requirements of § 220- 23 concerning submission of plot plans.
[Amended 4-25-85 by Ord. No. 8-85[1]; 1-15-1987 by Ord. No. 56-86; 7-20-1989 by Ord. No. 28-89; 8-17-1989 by Ord. No. 42-89; 3-23-1995 by Ord. No. 10-95; 11-9-2000 by Ord. No.
2000-26; 3-4-2021 by Ord. No. 2021-8]
(a)
Where possible, land shall be graded so that
all stormwater runoff from each lot shall drain directly to the street.
If impossible to drain directly to the street, it shall be drained
to a system of interior yard drainage designed in accordance with
the requirements of the subdivision provisions or as otherwise required
by the Township Engineer. There shall be no change in grade within
five feet of a property line. Furthermore, there shall be no change
in grade greater than three feet within 15 feet from the property
line. When necessary, a swale shall be created in order to control
surface runoff in a manner that will protect abutting lands. All grading
shall be subject to inspections by the Township Engineer during, and
upon completion of the construction.
(b)
No tree located on a lot having a caliper of
more than nine inches measured at a height of 12 inches from the finished
or existing grade level shall be removed unless such removal is approved
by the Municipal Engineer and a grading and clearing permit is issued.
[1]
All trees to be saved should be clearly tagged
and inspected by a landscape architect, and the clearing limit line
should be delineated by a snow fence prior to the issuance of the
permit for clearing and grading.
[2]
For each tree over nine inches in caliper that
is removed, the applicant shall prepare a replanting scheme on other
treeless portions of the property to compensate the clearing and grading
of the tree area where that was necessitated by the site plan or unless
otherwise provided in accordance with the requirements of an approved
site plan or preliminary subdivisions.
[3]
The Municipal Engineer shall also require that if the site to be cleared does not permit the replanting of the trees that are to be cut down on the site, an off-site tract may be selected for such replanting, and a replanting plan shall be prepared by the applicant. All trees and the types of trees and the method of planting shall be in accordance with § 220-177, Shade trees, of this chapter of the Code of the Township of Marlboro.
[4]
In lieu of the replanting requirement specified in § 220-35D(24)(b)[3] above, the applicant shall pay the sum of $250 for each tree not replanted into a dedicated Township account designated "the Marlboro Township Tree Bank Account." Any funds deposited in said account shall be utilized by the Township for the express purpose of planting trees at sites and locations to be determined by the Township Engineer, upon proper authorization from the governing body.
(c)
Unless otherwise required by the Township Engineer,
all tree stumps, masonry and other obstructions shall be removed to
a depth of two feet below existing or finished grade, whichever is
lower.
(d)
The minimum slope for lawns shall be 1.5%, and
for smooth, hard-finished surfaces other than roadways, 1/2 of 1%.
(e)
The maximum grade for lawns within five feet
of a building shall be 10%, and for lawns more than five feet from
a building, 25%.
(f)
In the event that a permit fee has not been paid as required by § 220-126F, then a permit fee and an escrow fee shall be paid pursuant to this section in the same amounts as contained in § 220-126F(3) and the escrow schedule for grading and clearing permits.
(g)
The Township's requirements on retaining walls
shall include the following:
[1]
A permit is required prior to the start of construction
on any retaining wall over 30 inches tall at its highest point which
was not specifically shown on an approved subdivision plan, site plan
or plot plan. Each such retaining wall application shall include sealed
engineering drawings, including plans, cross-sections material certifications,
and design calculations. Engineering drawings and material certification
must be obtained prior to the start of construction on any retaining
wall (over 2 1/2 feet high at its highest point) which was not
specifically shown in detail on preliminary drawings.
[2]
For all retaining walls over 2 1/2 feet, a material certification is required in any event, even in the cases where the wall was shown on the plans. The certification requirements are outlined in Subsection D(24)(h) below.
[3]
Retaining walls less than 2 1/2 feet tall
(at their highest point) are considered landscaping components and
require drawings and certification if located at a distance less than
twice their height from a public right-of-way.
[4]
The following additional requirements shall
apply for retaining wall systems consisting of a series of two or
more walls:
[a]
When the total drop (measured from
the top of the highest wall to the toe of the lowest wall) exceeds
2 1/2 feet, even if each individual wall is less than 2 1/2
feet, there shall be an Engineer's review of the proposed system with
emphasis on safety.
[5]
An approved safety barrier shall be required in all cases where the wall is more than 2 1/2 feet tall (at the highest point), subject to the Engineer's review. Furthermore, an approved safety barrier shall be required in wall systems containing a series of two or more walls (as in § 220-35D(24)(g)[4]) as determined in the course of the Engineer's safety review. A "safety barrier" shall be defined for the purposes of this chapter as an artificial barrier, not to include landscaping, which will prevent a child from penetrating through to the other side of the barrier. Specifications for safety barriers shall be as follows:
[a]
A safety barrier shall be at least
four feet high.
[b]
A safety barrier shall be constructed
of approved materials in a manner that will prevent a child from penetrating
it.
[c]
A safety barrier shall be located
at the outer edge at the top of the wall along its entire length.
[d]
In addition, in cases where a retaining wall is
located close to the edge or edges of a driveway, other barriers such
as guide rails may be required, subject to the Engineer's review.
[6]
Upon completion of the construction of any retaining wall over
30 inches, the owner or developer shall be required to submit a statement
from a licensed professional engineer certifying that the wall was
constructed in accordance with the engineering design.
[7]
Permit fees.
[a]
The application fee will be as indicated on the
"Application For Grading and Clearing Permit" form.
[b]
In addition, plan review fees and performance bonds
may be required contingent upon the magnitude of the work proposed.
[c]
In addition to engineering fees, fees for retaining
walls requiring Construction Department approval are subject to fees
as required by the Construction Department fee schedule.
[8]
Enforcement.
[a]
Engineer.
[i]
The Township Engineer shall enforce the provisions of § 220-35D(24) et seq., including but not limited to those violations arising out of the failure of any person or entity to apply for and obtain a grading and/or clearing permit. He shall, from time to time, upon his own initiative, or whenever directed by the Township, inspect the premises for which permits have been granted to ensure compliance with the terms of the permit and of § 220-35D(24) et seq. He shall report all violations to the Township and take any action deemed necessary for proper enforcement.
[ii]
In addition to the above, any law enforcement or code enforcement officer, agent or employee of the Township shall have the right to enter any land where grading and/or clearing operations are being conducted in order to examine and inspect the land and the operations and enforce the provisions of § 220-35D(24), et seq.
[9]
Revocation of permit. After notice and an opportunity to be
heard before the Township Engineer, the permit of any person may be
revoked or suspended for such period as the Township Engineer may
determine for any violation of the terms hereof or the terms and conditions
of any permit granted hereunder. In addition to the revocation provided
for herein, any person who violates this section or any director or
officer of a corporation who participates in a violation of this section
shall, upon conviction thereof, be subject to a maximum fine of $5,000,
or imprisonment for a period not to exceed 90 days, or both. Each
and every day that such violation continues or exists shall be considered
a separate and specific violation of these provisions and not as a
continuing offense.
(h)
The certification requirements for materials
used to construct retaining walls are as follows:
[1]
Material certification must be in the original
(copies not acceptable).
[2]
Certification must be signed (in the original)
by an officer of the company.
[3]
Obligation of builder.
[a]
If the builder signs and certifies,
then no cover letter is necessary (notarization needed).
[b]
If (supplier, distributor, manufacturer)
signs and certifies and notarization is provided, then the builder
must transmit certification by cover letter (signed in the original
by an officer of the builder's company), but no further notarization
is needed by the builder.
[4]
All signatures on the certification document must be notarized, except the cover letter per Subsection D(24)(h)[3][b].
[5]
Certification must refer to specific material,
material quantity and location of use.
[6]
Certification for timber retaining wall materials
must provide length of guaranty period.
(i)
The developer, builder or owner shall take all
necessary precautions to prevent siltation of streams during construction.
If required as a condition of an approved site plan or preliminary
plat or by the Township Engineer during construction, the developer
shall provide acceptable provisions to prevent all deposition of silt
or other eroded material in any stream or watercourse. Such provisions
may include but are not limited to construction and maintenance of
siltation basins or holding ponds throughout the course of construction.
[1]
Editor's Note: This ordinance was saved from
repeal by Ord. No. 14-85, which adopted this chapter.
(25)
No commercial vehicle larger than a three-fourths-ton
pickup truck shall be parked out of doors overnight in a residence
zone.
E.
Prohibited uses. Any use not specifically permitted
in a zoning district established by this chapter is hereby expressly
prohibited from the district, and further provided that the following
uses and activities shall be specifically prohibited in any zone:
(1)
Auction markets.
(2)
All billboards, signboards, advertising signs or devices
not expressly related to the business being conducted on the premises
or otherwise specifically permitted by this chapter.
(3)
Junkyards, automobile wrecking or disassembly yards,
the sorting or baling of scrap metal, paper, rags or other scrap or
waste material.
(4)
Open-air drive-in motion-picture theaters.
(5)
Asphalt and cement plants.
(6)
Automobile, dog, horse or go-cart race tracks.
(7)
Miniature commercial golf courses, golf driving ranges
and similar outdoor commercial recreation facilities.
(8)
Privately operated dumps for the disposal of garbage,
trash, junk, refuse and similar materials.
(9)
Truck terminals when not a part of a permitted commercial
or industrial use.
(10)
Dealerships devoted entirely to the sale of
used automobiles or trucks.
(11)
The keeping or raising of mink, foxes or similar
furbearing animals.
(12)
The keeping or raising of swine except as part
of a general farming operation on a property of not less than five
acres, and provided further that not more than 10 head of more than
six months of age plus one such head additional for each three acres
of land in excess of five acres shall be allowed in any case. No building,
fenced run or other enclosure for the shelter of swine shall be closer
to any front, side or rear property line or zone boundary than 200
feet.
(13)
Slaughtering of fowl or animals not raised on
the premises except as incidental to a general farming operation.
(14)
Any use which emits excessive and objectionable
amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste
products.
(15)
Any use of any building or premises in such
a manner that the health, morals, safety or welfare of the community
may be endangered.
F.
Stream corridor preservation restrictions.
[Added 12-11-2003 by Ord. No. 2003-29]
(1)
Establishment. Stream corridor preservation restrictions
on lands contained in the Township of Marlboro are hereby established.
(2)
STREAM CHANNEL
STREAM CORRIDOR
STREAM CORRIDOR AVERAGING
STREAM CORRIDOR BUFFER
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Permanent or intermittent watercourses shown on USGS quadrangle
maps, the Monmouth County Soil Survey or other sources as the Planning
Board and Zoning Board of Adjustment of the Township of Marlboro may
deem applicable and germane.
The stream channel and all lands on either side of the stream
channel to a width of 50 feet on either side or which is within the
one-hundred-year floodplain, including any sloping areas of 15°
or greater that are contiguous to the stream channel or one-hundred-year
floodplain. A slope shall be identified from an elevation contour
plan of a site based on two-foot elevation intervals.
The replacing of a curved corridor buffer boundary by a straight
line or sequence of joined straight lines so that the total corridor
buffer area remains the sane.
An area contiguous with the stream corridor where no permanent
structure shall be allowed.
(3)
Purpose. The purpose of the stream corridor preservation
restrictions are as follows:
(a)
Improve the management, care and preservation
of waterways and water resources in the Township of Marlboro.
(b)
Protect significant ecological components of
stream corridors, including, but not limited to, floodplains, woodlands,
steep slopes, wildlife and plant life habitats within stream corridors
to prevent flood related damage.
(c)
Complement existing federal, state, regional,
county and municipal stream corridor and flood hazard protection,
management regulations and plans.
(d)
Coordinate the regulation of development within
stream corridors in a manner consistent with the Township's other
regulatory approaches regarding environmentally sensitive areas.
(e)
Reduce the amount of nutrients, sediment, organic
matter, pesticides and other harmful substances that reach waterways
and subsurface and surface water bodies by using scientifically proven
processes, including, but not limited to, filtration, deposition,
absorption, adsorption, plant uptake, biodegradation, denitrification
and any and all other means now or hereinafter devised and by improving
infiltration, encouraging sheet flow and stabilizing concentrated
flows.
(f)
Regulate land use and development within the
Township so that such uses are consistent with the intent of this
subsection and the regulations promulgated herein and generally accepted
preservation practices.
(g)
Preserve natural, scenic and recreation areas
within and adjacent to streams and waterways throughout the Township
of Marlboro.
(h)
Support the water resource policies of the New
Jersey State Development and Redevelopment Plan.
(i)
Advance the purposes of the New Jersey Municipal
Land Use Law with particular emphases on those items set forth in
N.J.S.A. 40:55D-2a, b, d, i and j.
(j)
Protect natural drainage features.
(k)
Aid in the reduction of flooding.
(l)
Reduce development impacts on water quality.
(m)
Protect the rights of others within the same
waterway areas from the adverse effects of improper stream corridor
development.
(n)
Provide for potential recreation and wildlife
migration corridors throughout the Township for the health, welfare
and benefit of the citizens of the Township of Marlboro, County of
Monmouth and State of New Jersey.
(4)
Applicability.
(a)
The stream corridor preservation restrictions
in this subsection shall be applicable to all lands contained in the
Township of Marlboro, including, but not limited to, any and all tracts
of land that are the subject of an application for subdivision, site
plan or any land use approvals that fall, in whole or in part, within
a stream corridor and/or stream corridor buffer.
(b)
The stream corridor preservation restrictions
in this subsection shall also be applicable in the review of any land
disturbance in any stream corridor and/or stream corridor buffer (or
portion thereof) which shall be undertaken as part of the application
review by the applicable Land Use Approval Board or municipal agency.
(5)
Rules.
(a)
Stream corridors shall have a buffer of 100
feet on each side.
(b)
No septic system shall be located within any
stream corridor or stream corridor buffer, or portion thereof.
(c)
On any major subdivision where a stream corridor
buffer has been disturbed by prior land use such as agriculture, revegetation
of the disturbed area using native tree and plant species is required.
The submitted plan must be approved by the Township Conservation Officer.
(d)
An approved application for development on a
property that contains a stream corridor or stream corridor buffer,
or portion thereof, shall provide a conservation easement for the
continued protection of the stream corridor or stream corridor buffer,
or portion thereof. Any conservation easements made under the provisions
of this subsection shall be dedicated to the Township in perpetuity
and shall specifically prohibit the erection of any and all structures,
including, but not limited to, fences and walls, and shall be in conformance
with all provisions of the Land Use and Development Ordinance of the
Township of Marlboro. Any conservation easements created under the
provisions of this subsection shall be made by deed which shall be
recorded in the Monmouth County Clerk's Office.
(e)
Stream corridor buffer averaging may be permitted,
provided that the width at all points of the averaged buffer is at
least 70% of the width of the stream corridor buffer before such averaging.
(6)
Standards and practices.
(a)
Permitted activities. Stream corridors and stream
corridor buffers shall remain in their natural state with no altering
of waterways, regrading or construction or any clearing or cutting
of trees and/or brush, (except for the removal or pruning of dead
vegetation for reasons of public safety and welfare as deemed necessary
by the Township Engineer) except in the case of the following activities:
[1]
Wildlife sanctuaries, woodland preserves and
arboretums, excluding enclosed structures;
[2]
Game farms, fish hatcheries and fishing reserves
operated for the protection and propagation of wildlife, excluding
any enclosed structures;
[3]
Hiking, bicycle and bridle trails, including
bridges or other structures appurtenant thereto;
[4]
Trails or pathways, including bridges or other
structures appurtenant thereto, constructed and/or maintained by or
under the authority of the Township for the purpose of providing access
to public recreation areas;
[5]
Fishing areas; and
[6]
Cultivation of the soil for agricultural or
horticultural production, pasture and similar agricultural uses undertaken
in accordance with agricultural best management practices to reduce
or prevent non-point source pollution.
(b)
Location of activities on tracts partially within
stream corridors and/or stream corridor buffer areas.
[1]
All new lots in major and minor subdivisions
and site plans shall be designed to provide sufficient areas outside
of stream corridors and stream corridor buffers to accommodate principal
buildings and uses as well as any permitted accessory use; and
[2]
The applicable Land Use Approval Board may allow
an average stream corridor buffer width of 100 feet from the stream
corridor, allowing for reasonable flexibility to accommodate site
planning when necessitated by the size and shape of the tract and
physical conditions thereupon. The stream corridor buffer width may
be reduced to no less than a minimum of 70 feet from the stream corridor,
provided that there is an equivalent increase in the width elsewhere
on site and that all relevant permits, e.g., stream encroachment,
freshwater wetlands and so forth, are obtained from the New Jersey
Department of Environmental Protection and any other applicable, federal,
state and local agencies.
(c)
Permitted activities in stream corridors and
stream buffers when there is no reasonable or prudent alternative.
In cases where there are no reasonable or prudent alternatives, the
following exceptions to the regulations and requirements of this subsection
may be permitted by the applicable Land Use Approval Board in a stream
corridor or stream corridor buffer when subdivisions or site plans
cannot be designed in the manner set forth herein and if the Land
Use Approval Board determines that there is no other reasonable or
prudent alternative to placement in the stream corridor or stream
corridor buffer:
[1]
Recreational use, whether open to the public
or restricted to private membership, such as parks, camps, picnic
areas, golf courses, sports or boating clubs, not to include enclosed
structures, but permitting piers, docks, floats or shelters customarily
associated with developed outdoor recreational areas;
[2]
Outlet installation for sewage treatment plants
and sewage pumping stations and the expansion of existing sewage treatment
facilities;
[3]
Private or public water supply wells that have
a sanitary seal, floodproofed water treatment facilities or pumping
facilities;
[4]
Dredging or grading when incidental to permitted
structures or uses, including stream cleaning and stream rehabilitation
work undertaken to improve hydraulics or to protect the public health,
safety and welfare;
[5]
Dams, culverts, bridges and roads, provided
that such structures cross the stream corridor directly;
[6]
Sanitary or storm sewers;
[7]
Utility transmission lines installed during
periods of low stream flow in accordance with soil erosion and sediment
control practices and approved by the State Soil Conservation District
in a manner that will not impede flows or cause ponding of water;
and
[8]
Stormwater management facilities such as detention
basins and outfall facilities.
(d)
Prohibited activities. All activities not permitted
pursuant to this subsection shall be prohibited. In no circumstances
shall the following be permitted as exceptions to any of the provisions
contained in this subsection:
(e)
Provisions governing activities in stream corridors
and stream corridor buffers.
[1]
The applicant for any activity permitted in
a stream corridor or stream corridor buffer shall rehabilitate any
degraded areas within the stream corridor or stream corridor buffer
in a manner acceptable to the applicable Land Use Approval Board and/or
municipal agency.
[2]
The applicant shall also:
[a]
Rehabilitate or cure the effects
of the disturbance caused during construction in a timely manner and
using best business and construction practices;
[b]
Maintain the integrity and pristine
nature of the surrounding habitat; and
[c]
Maintain the existing ability of
the stream corridor to buffer the affected waterway.
[3]
The applicant shall provide whatever additional
measures are deemed necessary by the applicable Land Use Approval
Board and any federal, state or local agencies or laws to ensure that
areas designated as stream corridors and stream corridor buffers will
be preserved and to prevent additional encroachments in the stream
corridors or stream corridor buffers likely to occur as the result
of any approvals granted.
[4]
The applicable Land Use Approval Board may also
require that conservation easements or deed restrictions ensuring
that there will be no further intrusion and/or encroachment on any
stream corridor and stream corridor buffer than that permitted by
the activity so approved be dedicated to the Township and memorialized
by deed and recorded in the Monmouth County Clerk's office.
(7)
Submission requirements.
(a)
The following information shall be provided
for any development on any property containing a stream corridor or
stream corridor buffer, or portion thereof, or on any property directly
bordering on a stream corridor or stream corridor buffer or portion
thereof.
(b)
An applicant for an activity in a stream corridor
or stream corridor buffer or any portion thereof shall submit to the
municipality or applicable Land Use Approval Board a map at a scale
of not less than one inch being equals 100 feet of the proposed project
site delineating the following:
[1]
The stream corridor(s) and stream corridor buffer(s)
boundaries and/or any portions thereof;
[2]
Detailed hydrologic engineering studies indicating
the effects on drainage, streams and other waterways and water sources,
as well as the property in question and any adjacent properties, which
should include the necessary data to determine whether the boundaries
of the stream corridor and/or stream corridor buffer (or portion thereof)
would be affected if the application were granted;
[3]
State wetland boundary lines;
[4]
Any steep slopes located within the proposed
site;
[5]
The location of all improvements and land disturbances
proposed to be located within any of the aforementioned boundaries;
[6]
A plan indicating the disposition of any fill
materials proposed to be deposited by the grading or regrading of
land;
[7]
A plan demonstrating the manner in which suitable
techniques, including, but not limited to, erosion and soil stabilization
measures, sediment traps and nutrient control by vegetation filters
or other mechanisms, will be incorporated to protect the stream; and
[8]
If any disturbance is planned to a stream corridor,
stream corridor buffer area, or any portion thereof, or if such has
been disturbed by prior land use such as agriculture, a revegetation
plan shall be provided, subject to the approval of the Township Conservation
officer.
[Added 2-16-2006 by Ord. No. 2006-1]
A.
Findings and legislative intent.
(1)
The Township Council recognizes the benefits to society
in general, the community and its neighborhoods from horticulture,
commercial and home agriculture and animal husbandry, hereafter called
"farming," by the preservation of open space and the preservation
of the aesthetics of the rural countryside and the supplying of present
and future generations with the bounties resulting from such activities;
and
(2)
The Township Council has determined that such horticulture,
agricultural and animal husbandry uses are necessary to humankind
and that the right to carry on such pursuits should be protected for
the benefit of the residents of the Township of Marlboro; and
(3)
The Township Council finds and determines that farmers
must be secure in their ability to earn a livelihood and to utilize
acceptable, necessary and recognized farming procedure and techniques;
and
(4)
The Township Council finds and determines that the right to operate a farm is a natural right and is hereby ordained to exist, in accordance with § 220-35D(15), as a permitted use everywhere in the Township, regardless of zoning designations and regardless of whether specified as permitted uses therein.
B.
FARM
Definitions. As used in this section, the following
words shall have the following meanings:
A parcel or parcels of land, whether contiguous or noncontiguous,
together with buildings, structures and facilities, which are actively
devoted to agricultural or horticultural use, including, but not limited
to, cropland, pasture, idle or fallow land, woodland, wetlands, farm
ponds, roads, and enclosures related to agricultural pursuits, and
which:
C.
The right to operate a farm is a natural right and is hereby ordained to exist, in accordance with § 220-35D(15), as a permitted use everywhere in the Township, regardless of zoning designations and regardless of whether specified as permitted uses therein.
D.
In accordance with the purposes and preambles set
forth herein, the following nonexclusive list of farming activities
shall be deemed established as accepted, recognized and entitled to
encouragement and protection:
(1)
Production of agricultural and horticultural crops,
trees, apiary and forest products, livestock, poultry and other commodities
as described in the Standard Industrial Classification for agriculture,
forestry, fishing and trapping.
(2)
The housing and grazing of animals and use of range
for fowl.
(3)
The operation of public and private stables, riding
academies, horse breeding, training, and boarding facilities.
(4)
Housing and employment of necessary farm laborers.
(5)
Erection of essential agricultural buildings, including
those dedicated to the processing and packaging of the output of commercial
farms and ancillary to agricultural and horticultural production.
(6)
Construction of fences.
(7)
The operation and transportation of large, slow-moving
equipment over roads within Marlboro Township.
(8)
Control of pests, including but not limited to insects
and weeds, predators and diseases of plants and animals.
(9)
Conduction of agriculture-related educational and
farm-based recreational activities, provided that the activities are
related to marketing the agricultural or horticultural output of the
commercial farm and permission of the farm owner and lessee is obtained.
(10)
Use of any and all equipment, including but
not limited to irrigation pumps and equipment, aerial and ground seeding
and spraying, tractors, harvest aides, traps, and animal and bird
control devices.
(11)
Storing, processing and packaging of the agricultural
output of the farm.
(12)
The wholesale and retail marketing (with attendant signage), including pick your own marketing, and sales of agricultural output of farms or commercial farms, including related products that contribute to farm income, including the construction buildings and parking areas in accordance with the applicable standards set forth in this Chapter 220.
(13)
Replenishment of soil nutrients and improvement
of soil tilth.
(14)
The clearing of woodlands using open burning
and other techniques, installation and maintenance of vegetative and
terrain alterations and other physical facilities for water and soil
conservation and surface water control in wetland areas.
(15)
On-site disposal of organic agricultural wastes.
(16)
The application of manure and chemical fertilizers,
insecticides, pesticides, and herbicides in accordance with labeled
instructions as approved by the New Jersey Agricultural Experiment
Station and the United States Environmental Protection Agency.
(17)
Installation of wells, ponds and other water
resources for agricultural purposes such as irrigation, sanitation
and marketing preparation.
(18)
The foregoing practices and activities may occur
on holidays, weekdays and weekends by day or night and shall include
the attendant or incidental noise, odors, dust, fumes, and lighting
associated with these practices.
(19)
Any other agricultural activity determined by
the State Agriculture Development Committee to be a generally accepted
agricultural management practice within the meaning of N.J.S.A. 4:1C-1,
et seq.
F.
No agricultural activity, operation, or facility conducted
or maintained in a manner consistent with relevant federal and state
laws shall be or become a nuisance, public or private. Whatever inconvenience
may be caused to others not of the farming community by such uses
and activities so conducted is legal for the farmer and is more than
offset by the benefits from farming to the neighborhood, to the community,
and to society in general by the preservation of open space, the beauty
of the countryside and clean air, and by the preservation and continuance
of farming operations in Marlboro Township and in New Jersey as a
source of agricultural products for this and future generations.
G.
If a seller conveys a new or existing dwelling on
a property within 1,500 feet in any direction of a farm, the seller
shall inform purchasers that they are near an active farm and, therefore,
may be subjected to the noises, odors, dust, and/or fumes that an
active farm may produce.
H.
For the purpose of giving due notice of nearby farming
uses to proposed new residential areas adjacent to or within 1,500
feet of farmland or unimproved land that is suitable for farming,
the Planning Board shall require an applicant for an adjacent major
or minor subdivision, as a condition of approval of such application,
to include a provision in each and every contract for and deed conveying
all or any portion of the lands thereby subdivided, as well as on
filed subdivision maps, the following record notice to and waiver
by grantees of such present or future proximate farming uses, which
such provision shall be made to run with the land:[1]
|
"The grantee acknowledges that this property is within 1,500 feet of an active farm use, acknowledges that there are presently or may in the future be farm uses adjacent to, or in close proximity to this property, from which may emanate noise, odors, dust and fumes. By acceptance of this conveyance, the grantee does hereby waive any and all objections to such farming activities. No structures, storage of materials, or parking of vehicles shall be permitted in any agricultural buffer area required pursuant to Subsection F of § 220-144 of the revised General Ordinances of the Township of Marlboro."
|
A.
As a condition of approval and the continuance of
any use, occupancy of any structure and the operation of any process
or equipment, the applicant shall supply evidence satisfactory to
the Planning Board or to its designated representative that the proposed
use, structure, process or equipment will conform fully to all of
the applicable performance standards. As evidence of compliance the
Board may require certification of tests by appropriate government
agencies or by recognized testing laboratories, any costs thereof
to be borne by the applicant. The Planning Board may require that
specific types of equipment, machinery or devices be installed or
that specific operating procedures or methods be allowed if the government
agencies or testing laboratories examining the proposed operation
shall determine that the use of such specific types of machinery,
equipment, devices, procedures or methods is required in order to
ensure compliance with the applicable performance standards. Permits
and certificates required by other government agencies shall be submitted
to the Planning Board as proof of compliance with applicable codes.
(1)
Electricity. Electric or electronic equipment shall
be shielded so there is no interference with any radio or television
reception at the lot line or beyond as the result of the operation
of such equipment.
(2)
Glare. No use shall produce a strong dazzling light
or a reflection of a strong dazzling light or glare beyond its lot
lines. Exterior lighting shall be shielded, buffered and directed
so that glare will not become a nuisance to adjoining properties,
adjoining districts or streets.
(3)
Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no process shall be permitted which would
cause the temperature to rise or fall in any part of ponds, streams
or other watercourses, without approval from the approving authority.
(4)
Noise.
(a)
At no point on the boundary or outside the property
from where the noise source emanates shall the sound level of any
operation (other than the operation of motor vehicles or other transportation
facilities on public highways, short-term operations involved in the
construction or demolition of structures, emergency alarm signals
or time signals) exceed the decibel levels in the designated octave
bands as stated below. The sound-pressure level shall be measured
with a sound-level meter meeting the specifications of S1.11-1966,
both specifications of the American National Standard Institute, New
York, New York, as amended. If the noise will be incapable of being
measured with the sound-level meter and octave band analyzer, then
the noise shall be measured by substituting an impact noise analyzer
(General Radio Company, Type 1556-A-1955, or equivalent) for the octave
band analyzer to determine the peak value of the impact.
(b)
In cases where there is serious question whether
a noise will be of nuisance outside the property lines containing
it and if the noise is incapable of being measured with an impact
analyzer, then the noise-producing activity shall not be permitted.
If the noise source is already in existence, the noise shall be controlled
to eliminate the nuisance.
(c)
The maximum permissible sound-pressure levels
for smooth and continuous noise shall be as follows (all of the decibel
levels stated below shall apply in each case) between the hours of
10:00 p.m. and 7:30 a.m. (source: Public Health News, New Jersey Department
of Health, November 1963):
|
Octave Band Frequency
(cycles per second)
|
Maximum Permitted Sound-Pressure Level
at the Property Line or Along or Within Any Public Right-of-Way of
the Property
(in decibels)*
| |
|---|---|---|
|
0 to 75
|
69
| |
|
75 to 150
|
54
| |
|
150 to 300
|
47
| |
|
300 to 600
|
41
| |
|
600 to 1,200
|
37
| |
|
1,200 to 2,400
|
34
| |
|
2,400 to 4,800
|
31
| |
|
Above 4,800
|
28
|
|
*
|
Reference 0.0002 dynes-square centimeter.
|
(d)
If the noise is not smooth and continuous or
it is not radiated at nighttime, one or more of the corrections below
shall be added or subtracted from each of the decibel levels given
above to determine the maximum allowed:
|
Type of Operation or Character of Noise
|
Corrections
(in decibels)
| |
|---|---|---|
|
Daytime operation only (7:30 a.m. to 10:00 p.m.)
|
+5
| |
|
Noise occurs less than 20% of any one-hour period
|
+5*
| |
|
Noise occurs less than 5% of any one-hour period
|
+10*
| |
|
Noise occurs less than 1% of any one-hour period
|
+20*
| |
|
Noise is of peculiar character (hum, scream,
etc.) or is of impulsive character (hammering, pressure release, etc.)
(in the case of an impulsive noise, the correction shall apply only
to the average during an impulse, and impulse peaks shall not exceed
the basic standards given above)
|
5
|
|
*
|
Apply one of these corrections only.
|
(5)
Air pollution. No substance shall be emitted into
the atmosphere in quantities which are injurious to human, plant or
animal life or to property or which will interfere unreasonably with
the comfortable enjoyment of life and property anywhere in the Township.
All provisions of the New Jersey Air Pollution Control Code, as amended
and augmented by regulations hereinafter designated as the "code,"
and all the following provisions stated, whichever shall be the more
stringent, shall be complied with:
(a)
Smoke. In any nonresidential zone, no smoke
the shade or appearance of which is darker than No. 1 on the Ringelmann
Smoke Chart shall be emitted into the open air from any fuel-burning
equipment; provided, however, that smoke emitted during the cleaning
of a firebox or the building of a new fire, the shade or appearance
of which is not darker than No. 2 on the Ringelmann Smoke Chart, may
be permitted for a period or periods aggregating no more than three
minutes in any 15 consecutive minutes.
(b)
Solid particles.
[1]
In any residential zone, no discharge of solid
particles through a stack, duct or vent shall be permitted that is
greater than 50% of the allowable emission in pounds per hour established
by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
[2]
In any remaining zone, the allowable discharge
shall be 75% of the allowable emission permitted by the code.
[3]
No open burning shall be permitted in any zone
unless approved by the Health Officer or Building Inspector.
[4]
Any road, parking area, driveway, truck loading
or unloading station or any other exterior area having a substantial
movement of vehicles or equipment shall be paved or otherwise stabilized
during construction sufficient to prevent the generation of dust from
the movement of such vehicles or equipment.
(c)
Odors. In any zone no odorous material may be
emitted into the atmosphere in quantities sufficient to be detected
without instruments. Any process which may involve the creation or
emission of any odors shall be provided with a secondary safeguard
system so that control will be maintained. Table 1 (Odor Thresholds
in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of
Research on Chemical Odors, copyrighted October 1968 by the Manufacturing
Chemists Association, Inc., Washington, D.C., shall be used as a guide
in determining quantities of offensive odors.
(6)
Liquid waste.
(a)
No liquid waste shall be discharged into any
watercourse in the municipality except as herein provided. If the
applicant proposes to construct facilities for the treatment of waste,
he shall supply:
(b)
No liquid waste shall be discharged into any
public sewage collection and disposal system unless the appropriate
municipal or authority officials shall have first investigated the
character and volume of such waste and shall have certified that the
system is adequate to receive the liquid waste. The applicant shall
comply with any requirements of said officials, including the pretreating
of such wastes, the installation of processing equipment separation
or screening of wastes, control of pH and other requirements.
(7)
Solid waste. All uses in the Township shall:
(a)
Assume full responsibility for adequate and
regular collection and removal of all refuse except if municipality
assumes the responsibility.
(b)
Comply with all applicable provisions of the
Air Pollution Control Code.
(c)
Comply with all provisions of the State Sanitary
Code, Chapter 8, Refuse Disposal, Public Health Council of the State
Department of Health and Senior Services.
(d)
Permit no accumulation on the property of any
solid waste, junk or other objectionable materials.
(e)
Not engage in any sanitary landfill operation
on the property except as may be permitted by other Township codes
and ordinances.
(8)
Radiation. All uses of materials, equipment or facilities
which are or may be sources of radiation shall comply with all controls,
standards and requirements of the Atomic Energy Act of 1954, as amended,
and any codes, rules or regulations promulgated under such act, as
well as the Radiation Protection Act. Chapter 116, P.L. 1958, as amended,
whichever shall be more stringent.
(9)
Fire and explosion hazard. If it appears that any
proposed use, structure, process or resulting product or material
may constitute a fire or explosion hazard, the Planning Board may
require the applicant to supply proof of:
(a)
Approval of the use, structure, process or resulting
product or material from the State Department of Labor and Industry
indicating that adequate safeguards against fire and explosion have
been taken or installed.
(10)
No activity shall be maintained on the premises
which will produce heat or glare beyond any property line.
(11)
Vibrations. No use shall cause earth vibrations
or concussions in excess of the standards outlined below, with the
exception of that vibration produced as a result of construction activity.
The standards below are as set forth in the table of frequency amplitude
relations. Vibrations shall be expressed as displacement in inches
and shall be measured with a standard three-component measuring system,
which is a device for recording the intensity of any vibration in
three mutually perpendicular directions.
|
Frequency of Ground Motion
(cycles per second)
|
Maximum Amplitude of Ground Motion
(inches, not more than)
| |
|---|---|---|
|
Up to 10
|
0.0305
| |
|
10 to 20
|
0.0153
| |
|
20 to 30
|
0.0102
| |
|
30 to 40
|
0.0076
| |
|
40 to 50
|
0.0061
| |
|
50 to 60
|
0.0051
|
B.
Any application for a particular use shall also comply
with all state and federal environmental requirements.
In order to preserve and assure the harmonious
relationship of residential units to the comprehensive neighborhood
pattern and to prevent undue similarity of design which may lead to
undue impairment of the stability and value of detached single-family
dwelling units and produce neighborhood degeneration and blight with
attendant deterioration of conditions affecting the health, safety,
morals and general welfare of the inhabitants thereof and the Township
at large, no building permit shall hereafter be issued for any dwelling
if it is substantially like, in exterior design and appearance, any
neighboring dwelling.
A.
Buildings shall be deemed to be like each other in
any dimension with respect to which the difference between them is
not more than two feet. Buildings between which the only difference
in relative location of elements is end-to-end or side-to-side reversal
of elements shall be deemed to be like each other in relative location
of such elements. In relation to the premises with respect to which
the permit is sought, a building shall be deemed to be a neighboring
building if the lot upon which it or any part of it has been or will
be erected is:
(1)
Any lot which is the first or second lot next along
any street; and, in addition thereto, any lot which is directly across
a street from the lot under construction shall be considered as the
second lot next along the said street.
B.
Neighboring buildings as hereinabove defined shall
be considered uniform in exterior design and appearance if they are
alike in more than three of the following characteristics:
(1)
Vertical dimension from the top of the main roof ridge,
or in the case of a building with a flat roof, from the highest point
of the roof beams, to the finished first floor level.
(2)
Vertical dimension from the top of the main roof ridge
to the bottom of the roof fascia plate (all flat roofs shall be deemed
identical in this dimension).
(3)
Length of the main roof ridge, or in the case of a
building with a flat roof, the longest horizontal dimension of the
main roof.
(4)
Width of building front measured between outside end
walls.
(5)
Relative location of windows in front elevation or
in each of both side elevations with respect to each other and with
respect to any door, chimney, porch or attached garage.
(6)
In the front elevation, both the relative location
with respect to each other of an attached garage, porch and the remainder
of the building and either:
(a)
The height of any portion of the building located
outside the limits of the main roof, measured from the elevation of
the first floor to the roof ridge, or in the case of a flat roof,
to the highest point of the roof beams; or
(b)
The width of said portion of the building if
it has a gable in the front elevation; otherwise length of said roof
ridge or said flat roof in the front elevation.
C.
In addition to the requirements specified in Subsections A and B of this section, there shall be not less than three separate basic house designs in every housing development consisting of eight or more houses, and not less than four basic house designs where there are 15 or more houses, and not less than five basic house designs where there are 25 or more houses, and not less than six house designs where there are 35 or more houses.
D.
To ensure conformity with the provisions of this chapter, no building permit shall hereafter be issued for more than one dwelling in any housing development, except as provided in Subsection E of this section, until an engineer's survey or architect's drawing of the entire tract or part to be developed has been submitted to the Building Inspector, showing thereon or on a schedule attached thereto the model number, type and design of each house. The survey or drawing shall show the dimensions of each house, its exact location on the lot with setbacks and width or depth of all yard spaces. In the event of subsequent desired change in basic design, size or location of a house in such tract, a revised plan and application therefor shall be filed and approved by the Planning Board before such work is started.
E.
To further ensure conformity with the provisions of
this chapter, in respect to new subdivisions for the purpose of a
housing development, the Planning Board of the Township of Marlboro,
at its discretion, may require an affidavit or a performance guaranty,
approved as to form by the Township Attorney, that the subdivision
will be developed as a whole so that the intent and purposes of this
chapter are satisfied. The Building Inspector is also hereby authorized
to require a similar affidavit or performance bond before issuance
of more than one building permit in any housing development or part
thereof for any subdivision heretofore approved by the Planning Board
prior to the enactment of this chapter or to any land area not required
to be subdivided.
A.
For any nonresidential building, occupancy or use,
the Planning Board, in consultation with Township fire officials,
may require the provision of on-site water supply facilities for fire-fighting
purposes if:
(1)
Any portion of such building, occupancy or use is
more than 800 feet from an existing supply (measured along the most
probable route for stretching hose lines), or
(2)
The Planning Board finds that the proposed building,
occupancy or use presents a serious occupancy or conflagration hazard
and therefore requires the provision of additional facilities.
B.
Such facilities may include on-site supply lines (not
less than three inches in diameter), hydrants, standpipes, ponds,
storage towers or reservoirs, wells, pumps or such other facilities
as the Planning Board may approve at the time of site plan approval
where applicable, shall conform to the requirements of the Marlboro
Township Municipal Utilities Authority.[1]
C.
In general, on-site water supply systems shall provide
at least one hydrant (or other Fire Department pumper connection)
at a minimum available flow of 500 gallons per minute. Such supply
systems, when connected to a public water supply, shall have at least
two points of connection and shall be arranged in continuous loops
where possible. All connections and hydrants shall be valved. When
such systems supply both outside hydrants and sprinklers, the minimum
flow requirements shall be increased by 50%.
D.
No provision of this section shall be construed as
to prevent the requirement of more stringent precautions pursuant
to any federal, state, county or municipal law, rule, regulations
or directive or to prohibit the construction or installation of water
supply or fire-protection devices in addition to those required under
the terms of this section.
Where the property line of a municipal recreation site used for active recreation and playground purposes abuts a residential zone or a lot used for residential purposes, a buffer area 100 feet in width measured from said zone line or property line shall be established in accordance with § 220-100 of this chapter.
A.
Definition. A "cluster development" is defined as
a development of single-family detached dwellings which will preserve
desirable open spaces, conserve floodplains and wetlands, provide
open space recreational parks and lands for other public or quasi-public
purposes compatible with residential uses by permitting a reduction
of lot size and the application of certain other regulations hereinafter
stated without increasing the number of lots, i.e., the gross density,
in the total areas to be developed.
B.
Cluster development shall be permitted in the following
ones:
|
LC
|
Land Conservation Zone
|
|
R-80
|
Single-Family Residential Zones
|
|
R-60
|
Single-Family Residential Zones
|
|
R-30
|
Single-Family Residential Zones
|
C.
Schedule of minimum requirements. The lot area and
minimum lot width as required in the Schedule of Area, Yard and Building Requirements[1] for the R-80, R-60 and R-30 Residential Districts may
be reduced in order to obtain the cluster objective defined, provided
all the requirements set forth herein are met:
(1)
A cluster development must consist of at least one
or more contiguous tracts of land containing not less than 25 acres.
(2)
The parcel of land must be serviced by municipal water
supply and a municipal sanitary sewer system.
(3)
The permitted gross density of a cluster development
shall be as set forth in the Schedule of Area, Yard and Building Requirements in § 220-34. Gross density shall be calculated by dividing the number of proposed dwellings by the acreage of the tract.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
D.
Open space standard.
(1)
Of the required open space in the cluster development,
50% thereof may be lands from one or more of the following categories:
(a)
Floodway and flood hazard areas as defined or
established in the floodways and floodplain provisions.
(b)
Existing watercourses, ponds, bogs and swamps.
(c)
Lands classified as flood hazard area, wet soil
woodland, wet soil or prime agricultural land by the environmental
base study prepared for the Marlboro Township Environmental Commission
and based on the Monmouth Soil Survey.
(2)
Each open space area shall contain a minimum of two
contiguous acres.
(3)
Open space areas shall not be less than 20 feet in
width at any location for any extended length.
(4)
There should be a close visual and physical relationship
between open space and as many dwelling units as is reasonably possible.
Open space areas should weave between and periodically widen out significant
and usable recreation areas.
(5)
Lands to be dedicated shall be so located as to meet
the needs, as shown on the Master Plan or Official Map of the Township,
for open spaces, parks, playgrounds, school sites, rights-of-way,
protection of major streams or open drainageways, buffer areas or
to provide additional neighborhood area for recreational purposes
or for any other lawful purpose as determined by the Mayor and Township
Council. Not only municipal requirements shall be satisfied but "dedicated
areas" shall be so located as to meet any potential need of the neighborhood.
(6)
The configuration of open space should be so arranged
that connections can be made to existing or future adjacent open spaces.
(7)
Land so reserved or dedicated for open spaces shall
include, wherever feasible, natural features such as streams, brooks,
wooded areas, steep slopes and other natural features of scenic or
conservation value. The developer may be required to plant trees or
other similar landscaping improvements in order to qualify open land
for acceptance by the Township.
(8)
Where it is considered appropriate by the Planning
Board, portions of the open space may be designated for passive and/or
active recreational activities. Passive recreational activities may
include but not be limited to swimming pools, tennis courts and ball
fields.
(9)
Within open space areas the Planning Board may, upon
review by the Environmental Commission and the Shade Tree Commission,
require the developer to make certain site preparation improvements,
which may include but are not limited to the following:
(a)
Removal of dead or diseased trees.
(b)
Thinning of trees or other growth to encourage
more desirable growth.
(c)
Removal of trees in areas planned for ponds,
lakes or active recreational facilities.
(d)
Grading and seeding.
(e)
Improvement or protection of the natural drainage
system through the use of protective structures, stabilization measures
and similar improvements.
E.
Open space ownership.
(1)
The type of ownership of land dedicated for open space
purposes shall be subject to approval of the Planning Board and shall
be a shared, undivided interest by all property owners in the subdivision.
(2)
Any lands reserved or dedicated for open space purposes
shall contain appropriate covenants and deed restrictions approved
by the Planning Board which ensure that:
(3)
The developer shall also provide such covenants, agreements
and/or means to provide adequate maintenance facilities necessary
to control soil erosion and sedimentation on the subject property,
which may include but not be limited to retention ponds, both intermittent
and permanent, siltation basins, floodways, excessive slopes and other
similar conditions.
F.
Other regulations. The owner, developer or applicant
shall provide all on- and off-site improvements in the cluster development
as may be deemed required by the land subdivision provisions or as
determined by the Marlboro Township Planning Board. The on- and off-site
improvements shall be installed in conformance with the land subdivision
provisions and upon review and approval of all improvement design
standards by the Township Engineer.
G.
Establishment of homeowners' associations. Homeowners'
associations should be established as per N.J.S.A. 40:55D-43.
H.
Standards for the establishment of open space organization
shall be as provided in N.J.S.A. 40:55D-43.
I.
Floodplain and wetlands.
[Added 12-8-1988 by Ord. No. 59-88]
(1)
The subdivider shall submit a plat map showing the
development according to the requirements of the particular zoning
district as shown on the Schedule of Area, Yard and Building Requirements in § 220-34[2] and another plat map showing the development as modified in accordance with the cluster provision of that particular zone. If the proposed residential dwellings are equal to or greater than 7,500 square feet in size, the density of development (as per Table II, Schedule of Area, Yard and Building Requirements: Cluster Provisions, of 220 Attachment 10) throughout the proposed subdivision may exceed the exact number of lots that would be permitted to be built if such development had proceeded on the noncluster lot size provision eliminating the existing and delineated wetlands. If the proposed residential dwellings do not equal or exceed 7,500 square feet in size, the density of the development shall not exceed the exact number of lots that would be permitted if such development had proceeded on the noncluster lot size provision eliminating the existing and delineated wetlands and floodplains. The plat showing the subdivision at its nonclustered lot size exclusive of the existing and delineated wetlands and floodplains shall be the governing factor in establishing a yield or a number of lots for that particular subdivision. That yield and the size of the proposed residential dwellings shall be the final determining factor for the number of lots that may be achieved if the cluster option were selected.
[Amended 6-13-2013 by Ord. No. 2013-12]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
(2)
Absent any wetlands or floodplains, the maximum density
for a cluster option subdivision shall be as specified in the Schedule of Area, Yard and Building Requirements in § 220-34.
A.
CONSTRUCTION
PERSON
PORTABLE POOL
PRIVATE SWIMMING POOL
WADING POOL
Definitions. The words, terms or phrases listed below,
for the purpose of this section, except when the context requires
a different meaning, shall be defined as follows:
Building or installing a new swimming pool or enlarging an
existing swimming pool or any of its facilities.
Includes corporation, companies, associations, societies,
firms and partnerships as well as individuals.
Any above-surface-type pool of more than 75 cubic feet capacity,
not stationary or fixed, and capable of annually being removed for
storage.
Any pool of water having a water depth in excess of 18 inches
and an area greater than 75 square feet, designed, used and maintained
for swimming purposes by an individual for use by his household and
guests without fees and located on property owned, leased or otherwise
used and maintained by the owner of said swimming pool; it shall further
mean and include fill-and-draw, flow-through and recirculation pools
which are artificially constructed to provide recreational facilities
for swimming, bathing or wading, and all buildings, equipment and
appurtenances thereto. It shall not include natural outdoor ponds,
rivers or lakes, nor baths used for cleansing of the body or practice
of the healing arts.
Any artificially constructed pool intended for use by children,
not designed or used for swimming, with a maximum area of 75 square
feet and a maximum water depth of 18 inches.
B.
Construction and maintenance; electrical connections.
(1)
All materials used in the construction of swimming
pools shall be waterproof and so designed and constructed as to facilitate
emptying and cleaning and shall be maintained and operated in such
manner as to be clean and sanitary at any time when any such pool
shall be in use or at such times as the same shall be subject to use.
Inlets of the treated water shall be so located and spaced as to secure
satisfactory dispersion of the water throughout the pool and not to
interfere with draining, cleaning and disinfecting of the bottom and
sides. Sand or earth bottoms shall not be used.
(2)
It shall be unlawful to use any temporary electrical
appliances in a portable pool or wading pool. All electrical connections
shall be of waterproof type and shall bear the Underwriters' seal
and shall be effectively grounded.
(3)
Lot grading plan.
[Amended 3-22-1990 by Ord. No. 15-90]
(a)
In order to prevent the adverse consequence
of uncontrolled surface water flow, prior to the issuance of a construction/zoning
permit for the erection or installation of a pool, a lot grading plan
shall be submitted to the Municipal Engineer in accordance with the
requirements of this subsection.
(b)
A lot grading plan shall be submitted to the
Municipal Engineer in triplicate in sufficient detail to show the
following:
[1]
The existing surface drainage pattern as it
affects the subject property and all abutting land.
[2]
The location of any existing streams, watercourses,
slopes, ponds, storm sewers or drainage facilities which relate to
drainage of surface waters from or to the subject property.
[3]
The proposed location of the structure for which
a construction permit is being sought.
[4]
The proposed elevation of the finished pool
facility for the subject property.
[5]
The outer limits of all areas in which any grading,
clearing or filling is proposed on the subject property.
[6]
Any proposed changes in the existing surface
drainage pattern which will result from the construction proposed
for the subject property, including any proposed changes on abutting
lands.
[7]
When necessary, upon the Municipal Engineer's
request, this lot grading plan must be prepared in a drawing form,
signed and sealed by a professional engineer or land surveyor.
(c)
The Municipal Engineer's approval of a grading
plan or revised plan shall be based on a determination that the plan
is designed to control surface waters in a manner that will not adversely
affect the subject property and abutting lands. No construction may
start and no land disturbances may occur until such determination
is made. Whenever the Municipal Engineer considers it necessary or
appropriate, he may require that a lot grading plan include temporary
measures to be taken during the performance of any construction work
to prevent adverse water from running off onto abutting lands. The
failure of a property owner to comply with an approved lot grading
plan for said property, including temporary measures to be taken during
the performance of construction work, shall constitute a use of the
subject property in violation of this chapter.
(d)
Neither an occupancy/zoning permit nor a certificate
of occupancy shall be issued for any property which is the subject
of a lot grading plan until the Municipal Engineer has inspected the
property and determined that the construction conforms with the lot
grading plan.
(e)
If a certificate of occupancy is issued for
a property prior to full compliance with a lot grading plan and full
compliance is not effected by the date set forth in the report of
the Municipal Engineer, the continued occupancy of such property after
such date shall constitute a use of such property in violation of
this chapter.
(f)
There shall be no change in existing grade which raises the elevation of the lot within five feet of a property line. Furthermore, there shall be no change in existing grade which raises any portion of the lot more than three feet above the existing ground level at a point 15 feet from the property line. When necessary, a swale shall be created in order to control surface waters in a manner that will protect abutting lands. For retaining walls which exceed 3.5 feet in height above the natural grade, material certifications and engineering drawings shall be required to ensure durability and stability, provided that for each six inches in height above the natural grade a retaining wall shall be set back two feet from the property line to which it is adjacent. Distances from property lines shall be measured at right angles to straight portions and radial to curved portions. Retaining walls shall be in accordance with requirements of § 220-35D(24)(g). Fill materials and topsoil shall conform to all requirements of § 220-183.
[Amended 3-4-2021 by Ord. No. 2021-8]
(h)
In addition, any sidewalk curbing or pavement on Township right-of-way damaged during the construction of the pool and/or accessory construction must be replaced to the satisfaction of the Municipal Engineer prior to issuance of the certificate of occupancy. Sidewalk construction to conform to §§ 220-178 and 220-146C, curb construction to conform to § 220-146, and pavement construction to conform to § 220-184O.
[Added 12-13-1990 by Ord. No. 62-90]
(i)
In addition, ground cover (grass, sod, etc.)
disturbed by the construction of the pool and/or accessory construction
must be restored to the satisfaction of the Municipal Engineer prior
to the issuance of the certificate of occupancy.
[Added 12-13-1990 by Ord. No. 62-90]
C.
Water supply, pipe pump and filter systems.
(1)
There shall be no physical connection between a potable
public or private water supply system and such private swimming pools,
wading pools or portable pools below the maximum waterline of the
pool or to a recirculating or heating system of said pool. The piping
system shall be designed to circulate the pool water through filtering
equipment. Potable water shall feed the pool overflow level. Potable
water siphons will not be permitted to drain the aforesaid pools.
The installation, repair and control of plumbing facilities shall
comply with the plumbing and sanitary standards of the Township of
Marlboro.
(2)
All circulating units shall have sufficient capacity
to recirculate the entire contents of a pool within 24 hours or less.
D.
Water-use closure.
(1)
All pools supplied by a public or quasi-public water
supply system and not equipped with facilities for the recirculation
and reuse of the pool water shall be subject to closure by order of
the Township Council during any period of emergency water shortage
declared by a duly authorized public official.
(2)
Whenever any pool is a hazard to the health of the public, the Health Officer is authorized to summarily close such pool upon the failure of the owner, lessee or occupant of the premises upon which such pool is located to take satisfactory action to abate such hazard to the health of the public within 24 hours after the receipt of the notice required by Subsection K(1) hereof, and keep such pool closed until no further hazard to the public exists, subject to the right of appeal to the Township Council by the owner of such pool. Said appeal, however, shall not stay the action of the Health Officer.
E.
Disinfection of facilities. All private swimming pools,
wading pools or portable pools with a water depth of more than one
foot shall be disinfected by the use of disinfecting agents with disinfecting
qualities equal to those obtained from chlorine-bearing compounds.
No water shall be used for swimming purposes which, when tested, shall
show coliforms contained therein. For the purposes of this section,
the use of disinfecting agents approved by the National Swimming Pool
Institute or such disinfecting agents as shall meet the same or higher
standards shall be deemed compliance with this section.
F.
Fencing.
(1)
All private swimming pools now existing or hereafter
constructed, installed, established or maintained, with the exception
of wading and portable pools, shall be completely and continuously
surrounded by a permanent durable wall, fence or barrier which shall
be no more than six feet nor less than four feet in height above grade
and shall be so constructed as to have no opening, mesh, hole or gap
larger than two inches in any dimension, except for doors and gates;
provided, however, if a picket fence is erected or maintained, the
horizontal dimension of any gap or opening shall not exceed 2 1/2
inches. No fence of any kind or material shall be constructed or maintained
which shall contain projections of any kind at any point on the outer
surface of said fence. A dwelling house or accessory building may
not be used as part of such enclosure. All gates used in conjunction
with any of the above-described enclosures shall conform to the specifications
required above as to height and dimensions of openings, mesh, holes
or gaps in the cases of fences, and all gates and doors shall be equipped
with self-closing and self-latching devices for keeping the gate or
door securely closed at all times when not in actual use. Latches
shall be a minimum of four feet off ground level. Gates and doors
shall be locked when the pool is not in use or is unguarded or unattended;
provided, however, that nothing herein contained shall be construed
to require the construction of an additional wall, fence or barrier
where, in lieu thereof, the entire premises or a part thereof wherein
the pool is contained shall be fully enclosed by a wall, fence or
barrier which meets the specifications set forth herein. No fence
shall be closer than six feet from any point of the pool.
(2)
Every outdoor wading pool or portable pool shall be
enclosed by a durable wall, barrier or fence as described in the preceding
subsection unless such outdoor wading pool or portable pool is:
(a)
Emptied when not in use or unattended; or
(b)
Covered with a suitable, strong protective covering
fastened or locked in place when not in use or unattended. (A cover
shall be considered to be of sufficient strength and securely fastened
or locked in place if, when fastened or locked in place, it will support
a minimum dead weight of 200 pounds.)
(3)
All persons now owning or maintaining any outdoor
swimming pool shall be and hereby are granted a period of 90 days
after the effective date hereof within which to enclose the same as
herein provided; except that any such person now owning or maintaining
an outdoor swimming pool or wading pool presently enclosed by a fence
or barrier which substantially complies with the requirements of this
section may be exempted from the strict requirements thereof for a
period of one year to substantially alter, remove, replace or rebuild
such fence upon obtaining from the Building Inspector a certificate
of substantial compliance, as hereinafter provided:
(a)
"Substantial compliance," for the purpose of
this section, shall mean and include any fence or barrier which, now
or hereafter, shall be maintained at a minimum height of 42 inches
above grade, have no opening, mesh, hole or gap larger than four inches
in any dimension and not have any projections at any point on its
outer surface.
(b)
A certificate of substantial compliance may
be granted by the Building Inspector within 90 days after the effective
date hereof upon payment of an inspection fee of $1 and written application
to and establishing to the satisfaction of the Building Inspector,
in such a manner as shall be prescribed by said Building Inspector,
that the applicant's fence is maintained in substantial compliance
with the requirements of this section.
(4)
All persons now owning or maintaining a portable pool
shall be and are hereby granted a period of 30 days after the effective
date hereof to comply with the provisions of this section, anything
to the contrary therein notwithstanding.
G.
Location.
(1)
No private swimming pool, as defined by this section,
or accessory building shall be erected or placed nearer to a street
property line or nearer to a side property line than would be allowed
for buildings in the zoning provisions of the Township of Marlboro.
(2)
No private swimming pool shall be constructed so that
its drain outlet shall connect in any manner to any sewage disposal
system.
(3)
No private swimming pool shall have an area in excess
of 10% of the area of the lot upon which it is constructed or installed;
provided, however, that in any event said private swimming pool shall
comply with the zoning regulations as to rear and side line requirements
governing accessory buildings.
H.
Lighting. No artificial lighting shall be maintained
or operated in connection with a private swimming pool, wading pool
or portable pool in such a manner as to be a nuisance or an annoyance
to neighboring properties. Such lighting shall not shine directly
upon any abutting property. No unshielded lights shall be permitted.
I.
Permits.
(1)
Application for permits for the construction, remodeling, altering and maintenance of any private or portable swimming pool, as defined in Subsection A hereof, shall be made to the Building Inspector by the owner of the property upon which it is to be constructed or by the contractor who will construct the same. The application shall be accompanied by duplicate sets of plans, specifications and plot plan and shall also show the location, height and type of all existing fencing or walks on the boundary lines of the property, location of septic systems, together with the type and height of fencing or enclosure as may be required by this section. No permit is required for wading pools.
(2)
Applicants shall pay a fee of $10 per thousand square
feet to the Township of Marlboro for a permit to erect or alter a
private or portable swimming pool, as defined in this section, which
permit fee shall be inclusive of the permit fee required for the erection
of any accessory structure or structures to be used in connection
with such swimming pool and which shall be at the same rate as is
provided for other improvements in the Township.
(3)
No permit for a private swimming pool, as defined
in this section, shall be issued by the Building Inspector until the
plans, specifications and plot plan have been approved by the Plumbing
Inspector, and such approval must be directly obtained from the Plumbing
Inspector by the applicant.
J.
General provisions.
(1)
Any nuisance which may exist or develop in or in consequence
of or in connection with any private swimming pool shall be abated
and/or removed by the owners.
(2)
Whenever any private swimming pool, by reason of mechanical
defects or lack of supervision, is, in the opinion of the Health Officer,
polluted and detrimental to health, it shall be summarily closed.
(3)
Owners or persons in possession of private swimming
pools shall allow the Health Officer and the Building Inspector access
to inspect said pool and the appurtenances at any time it may be required
by the Township Council of the Township of Marlboro.
(4)
Any accessory building, such as locker rooms, toilets
and runways, or any other physical facility or equipment incident
to the maintenance and operation of any of the above described shall
be in conformance with the rules and regulations of the Township Council
of the Township of Marlboro.
(6)
Stockade fences and similar solid-type fences are
not to enclose more than 15% of the lot area.
K.
Enforcement.
(1)
Every private swimming pool, wading pool or portable
pool constructed, installed, established or maintained in the Township
of Marlboro shall at all times comply with the requirements of the
Township Council. Any nuisance or hazard to health which may exist
or develop in or in consequence of or in connection with any such
private swimming pool, wading pool or portable pool shall be forthwith
abated and removed by the owner, lessee or occupant of the premises
on which said pool is located upon receipt of notice from the Health
Officer of the Township of Marlboro.
(2)
It shall be the duty of the Health Officer and/or
the Building Inspector and such other officials as designated by the
Township Council to enforce the provisions of this section.
(3)
The owner or operator of any pool within the Township
shall allow said Health Officer and/or Building Inspector access at
all reasonable times to any private swimming pool or wading pool or
portable pool and appurtenances thereto for the purpose of inspecting
to ascertain compliance with this section and all other pertinent
Township ordinances.
[Added 12-15-1994 by Ord. No. 34-94;
amended 12-11-1997 by Ord. No. 32-97; 5-9-2002 by Ord. No. 2002-13]
Private tennis and sports courts, where allowed
as accessories to a single-family residence, shall adhere to the following
standards:
A.
A tennis or sports court shall not be erected within
the front yard setback of the zone district in which it is located.
B.
A tennis or sports court and its associated fencing
shall meet the principal building setbacks along side and rear property
lines.
C.
For a tennis court, back line fencing and side line
fencing from the baseline to the back of the court shall not exceed
12 feet in height. The remaining side line fencing shall not exceed
six feet. For a sports court, fencing shall not exceed six feet in
height.
D.
Lighting.
(1)
Lighting of exterior tennis or sports courts shall
be designed to minimize its impact on adjoining properties and roadways.
This minimization shall be accomplished through the use of shields,
proper orientation, selection of fixtures and other controls.
(2)
Lighting will only be permitted for the purposes of
illuminating a court for recreational play.
(3)
The minimum setback for an illuminated tennis or sports
court shall be 50 feet.
(4)
Lights shall be turned off not later than 10:00 p.m.
(5)
Light stanchions shall be the minimum practical height
for the intended use.
(6)
Illumination levels measured at the property line
shall be less than 0.5 footcandle measured three feet above grade
and 2.0 footcandles measured by aiming a light meter at the light
bank, as certified by the proposed lighting manufacturer.
E.
No residential tennis or sports court shall be erected
on any lot containing less than 60,000 square feet.
F.
A lot grading plan shall be submitted to the Municipal
Engineer in accordance with the requirements below, prior to the issuance
of a construction/zoning permit for the erection or installation of
a tennis or sports court. The purpose of the grading plan is to address
the impacts of the tennis or sports court on existing and future drainage
patterns.
(1)
A lot grading plan shall be submitted to the Municipal
Engineer in triplicate in sufficient detail to show the following:
(a)
The existing surface drainage pattern as it
affects the subject property and all abutting land.
(b)
The location of any existing streams, watercourses,
slopes, ponds, storm sewers or drainage facilities which relate to
drainage of surface waters from or to the subject property.
(c)
The proposed location of the structure for which
a construction permit is being sought.
(d)
The proposed elevation of the finished tennis
or sports court for the subject property.
(e)
The outer limits of all areas in which any grading,
clearing or filling is proposed on the subject property.
(f)
Any proposed changes in the existing surface
drainage pattern which will result from the construction proposed
for the subject property, including any proposed changes on abutting
lands.
(g)
When necessary, upon the Municipal Engineer's
request, this lot grading plan must be prepared in a drawing form,
signed and sealed by a professional engineer or land surveyor.
(2)
The Municipal Engineer's approval of a grading plan
or revised plan shall be based on a determination that the plan is
designed to control surface waters in a manner that will not adversely
affect the subject property and abutting lands. No construction may
start and no land disturbances may occur until such determination
is made. Whenever the Municipal Engineer considers it necessary or
appropriate, he may require that a lot grading plan include temporary
measures to be taken during the performance of any construction work
to prevent adverse water from running off onto abutting lands. The
failure of a property owner to comply with an approved lot grading
plan for said property, including temporary measures to be taken during
the performance of construction work, shall constitute the use of
the subject property in violation of this chapter.
(3)
Neither an occupancy/zoning permit nor a certificate
of occupancy shall be issued for any property which is the subject
of a lot grading plan until the Municipal Engineer has inspected the
property and determined that the construction conforms with the lot
grading plan.
(4)
If a certificate of occupancy is issued for a property
prior to full compliance with a lot grading plan and full compliance
is not effected by the date set forth in the report of the Municipal
Engineer, the continued occupancy of such property after such date
shall constitute a use of such property in violation of this chapter.
(5)
There shall be no change in existing grade which raised the elevation of the lot within five feet of a property line. Furthermore, there shall be no change in existing grade which raises any portion of the lot more than three feet above the existing ground level at a point 15 feet from the property line. When necessary, a swale shall be created in order to control surface waters in a manner that will protect abutting lands. For retaining walls which exceed 3.5 feet in height above the natural grade, material certifications and engineering drawings shall be required to ensure durability and stability, provided that for each six inches in height above the natural grade a retaining wall shall be set back two feet from the property line to which it is adjacent. Distances from property lines shall be measured at right angles to straight portions and radial to curved portions. Retaining walls shall be in accordance with requirements of § 220-35D(24)(g). Fill Materials and topsoil shall conform to all requirements of § 220-183.
[Amended 3-4-2021 by Ord. No. 2021-8]
(6)
Upon
installation of the tennis or sports court, and prior to final grading
and final utility work, an as-built plan shall be submitted to the
Engineering Department to verify the location of the court. No further
inspections will be performed by any Township Department until this
plan is received.
[Added 3-4-2021 by Ord. No. 2021-8[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection
F(6) through (8) as Subsection F(7) through (9), respectively.
(7)
A plan review fee of $100 and an inspection fee of
$150 shall be paid with the zoning application.
[Amended 2-25-2016 by Ord. No. 2016-4; 12-18-2018 by Ord. No. 2018-22]
(8)
In addition, any sidewalk curbing or pavement to Township right-of-way damaged during construction must be replaced to the satisfaction of the Municipal Engineer prior to issuance of the certificate of occupancy. Sidewalk construction shall conform to §§ 220-178 and 220-146C of this chapter. Curb construction shall conform to § 220-146 of this chapter and pavement construction shall conform to Subsection O of § 220-184 of this chapter.
(9)
In addition, ground cover (grass, sod, etc.) disturbed
by the construction and/or accessory construction must be restored
to the satisfaction of the Municipal Engineer prior to the issuance
of the certificate of occupancy.
G.
Areas adjacent to tennis or sports courts shall be
landscaped to the approval of the Municipal Engineer, including trees,
shrubs and lawn, in order to serve as a buffer between said use and
the adjoining residential properties. Where natural screening does
not exist, additional planting shall be required in accordance with
a landscaping plan to be approved by the Municipal Engineer. Such
planting shall be designed to provide a year-round visual screening
between the tennis or sports court and adjacent residential properties.
[Added 5-9-2002 by Ord. No. 2002-13]
Private recreational structures and equipment,
including but not limited to swing sets, play systems, play houses,
play structures, recreational apparatus and jungle gyms, shall be
permitted accessory uses to single-family residences and shall adhere
to the following standards:
A.
Private recreational structures and equipment shall
not be erected within the front yard setback of the zone district
in which it is located.
B.
Private recreational structures and equipment shall
be set back a minimum of 10 feet from a property line.
C.
Private recreational structures and equipment shall
not be illuminated for play after dark.
D.
Private recreational structures and equipment shall
be set back a minimum of 20 feet from any other structures, such as
fencing, sheds and pools.
[Added 10-20-2005 by Ord. No. 2005-45]
A.
Definition. "Ornamental landscape structures" shall
mean an accessory structure placed year round in a fixed location
in a yard or open space to provide a decorative or ornamental element
to the grounds and gardens of the principal use, Ornamental landscape
structures shall include entry posts or stanchions and other such
structures.
B.
Requirements and limitations. Ornamental landscape
structures are permitted as an accessory structure to nonresidential
and multifamily uses and a single-family use on a minimum 10,000 square
foot lot.
(1)
In conjunction with a nonresidential use or a multifamily
use, ornamental landscape structures shall be placed only in accordance
with the approved site plan.
(2)
In conjunction with a single-family dwelling, ornamental
landscape structures are only permitted on a minimum ten-thousand-square-foot
lot and subject to the following requirements:
(a)
Ornamental landscape structures may be located
in the minimum required front yard area specified for the zone, provided
that such structures meet the criteria set forth in Table 1.
(b)
Ornamental landscape structures exceeding 6.5
feet in height shall adhere to the minimum yard requirements and the
maximum height requirement for accessory structures.
(c)
A lamppost and its luminary may be erected on
top of the proposed structure, provided that the structure meets the
standards established above.
(d)
Exterior lighting shall conform to the applicable
performance standards as established within this section.
|
Table 1: Marlboro Township Ordinance governing
allowable Ornamental Landscape Structures (OLSs)
| |
|---|---|
|
Applies to single-family residential lots with
a minimum of 10,000 square feet only
|
|
OLS Dimensional Requirements
| ||||
|---|---|---|---|---|
|
Category
|
A
(feet)
|
B
(feet)
|
C
(feet)
| |
|
If the lot frontage length is equal or greater
than:
|
70
|
125
|
250
| |
|
Such lots are allowed a pair of OLSs in
the front yard limited to the following dimensional requirements:
| ||||
|
Maximum height of OLSs cannot exceed (excluding
light fixtures mounted on top of OLSs):
|
4.5
|
5.5
|
6.5
| |
|
Maximum height of OLSs cannot exceed (including
light fixtures mounted on top of OLSs):
|
6.75
|
7.75
|
8.75
| |
|
Driveway gates attached to the OLSs are allowed.
Maximum allowable height of the gate:
|
4.5
|
5.5
|
6.5
| |
|
Maximum height of the OLS should be measured
from the lowest point at ground level.
| ||||
|
Maximum horizontal dimension of each OLS, including
any wing walls or built-in planters, shall be the lesser of 8% times
the length of the lot frontage or 18 feet. Maximum frontage horizontal
dimensions is the OLS end to end width projected parallel with the
front property line.
| ||||
|
Maximum total area foot print coverage of all
OLSs together cannot exceed the lesser of 0.8 multiplied by the length
of the lot frontage or 100 square feet.
| ||||
|
Lots with circular driveways that have two driveway
egress points are allowed two pairs of OLSs on the front of the lot
that must meet all of the dimensional requirements.
| ||||
|
OLS Setback Requirements
| ||||
|
OLSs are not allowed in the public right-of-way
and must be wholly within the lot line boundaries.
| ||||
|
Minimum required front setback from the edge
of the street pavement for all OLSs for lots with or without a sidewalk
shall be the greater of six feet or the distance between the edge
of pavement and the right-of-line. All OLSs must be installed behind
the sidewalk, if a sidewalk exists.
| ||||
|
In the event that a sidewalk is installed subsequent
to the installation of OLSs, it is responsibility of the property
owner to comply to the setback rules for properties with sidewalks
at the expense of the property owner.*
| ||||
|
NOTE:
| ||
|
*
|
This is a "builder beware" statement that the
homeowner may have to move OLSs if the Town decides to install sidewalks
later. So the homeowner bears the risk of having to later move OLSs
even if they initially conform when there is no sidewalk.
| |
[Added 6-13-2013 by Ord. No. 2013-14]
A.
Definitions.
"Portable storage units" (hereinafter referred to as "PSU(s)") are
units loaded with materials and placed on a property authorized for
residential use for the purpose of temporarily storing materials,
including any container, storage unit, shed-like container or other
portable structure that can be or is used for the storage of personal
property of any kind and which is located for such purposes outside
an enclosed building other than an accessory building or shed complying
with all building codes and land use requirements.
B.
Permitted
temporary uses. PSUs may be utilized as a temporary structure within
the Township when in compliance with the standards of this subsection.
It shall be the obligation of the owner and/or user of such temporary
structure to secure it in a manner that does not endanger the safety
of persons or property in the vicinity of the temporary structure.
Any use of such structures within the Township not in compliance with
this subsection shall be unlawful.
C.
Permit
required; application; fee. Before a PSU is placed on any property,
the owner, tenant or contractor working on the subject property must
submit an application for a zoning permit approving such placement
from the Department of Community Development. If the permit application
is made by a tenant or contractor, written permission of the owner
of the subject property for the placement of such PSU on the subject
property must be provided to the Department of Community Development
before a permit is issued. Permits shall be issued for a time period
of sixty (60) days for a fee of $25.
D.
Number
of PSUs. Only one (1) PSU may be placed at any residential property
at one time.
E.
Size
of PSUs. PSUs may not exceed eight feet six inches in height, 10 feet
in width or 20 feet in length.
F.
Duration.
(1)
PSUs may be located as a temporary structure on property within the
Township for a period not exceeding sixty (60) days in duration from
time of delivery to time of removal. Such temporary structure may
not be located on the same specific property more than two times in
any given one-year period.
(2)
In the event of high winds or other weather conditions in which such
structure may become a physical danger to persons or property, the
Zoning Officer or a Code Enforcement Officer may require the immediate
removal of such temporary structure.
(3)
In the event of fire, hurricane or natural disaster causing substantial
damage to a structure, the property owner may apply to the Township
for permission to extend the time that a PSU may be located as a temporary
structure on the property. Application for such extended duration
shall be made in writing and filed with the Department of Community
Development and shall give sufficient information to determine whether
such extended duration should be granted. The Zoning Officer shall
determine whether or not to grant such extended duration and the length
of such extension. In the event of an adverse decision by the Zoning
Officer, the applicant may appeal such decision to the Township Council.
In the event of such appeal, the decision of the Township Council
shall be final.
G.
Location.
PSUs are prohibited from being placed in streets, public rights-of-way,
or on unimproved surfaces in the front yard of a property and may
only be placed upon driveways, side and rear yards, if such locations
meet the requirements of this section. All such locations must be
paved, off-street surfaces at the furthest accessible point from the
street, and all must comply with the side yard accessory structure
setback requirements for any accessory structures in the zone in which
such PSU is located. If the property does not have a driveway, or
cannot meet the standards described herein, the Zoning Officer may,
as part of the permit approval process, approve the placement of a
PSU in the front yard. If such PSU is to be permitted to be located
in the front yard, the PSU must be kept at the furthest accessible
point from the street and the surrounding area must be maintained
in a weed-free condition. Wherever PSUs may be placed, they shall
be subject to all property maintenance standards applicable to accessory
structures. No PSU shall be allowed to remain outside in a state of
disassembly or disrepair.
H.
Violations
and penalties. Any PSU placed in violation of this section or which
is not removed at the end of the time for which it may lawfully remain
in place, or immediately upon the direction of the Zoning Officer
or a law enforcement officer for removal of such temporary structure
for safety reasons, shall be punishable, upon conviction thereof,
by a fine not to exceed $1,250 or by imprisonment for a term not to
exceed ninety (90) days, or both, for each violation committed hereunder.
Notwithstanding anything to the contrary contained herein, a violation
of any portion of this Section may be punishable by a fine exceeding
$1,250, but not more than $2,000, provided that the owner of the subject
property be afforded a thirty-day period to cure or abate such violation
and shall also be afforded an opportunity for a hearing before the
Municipal Court for an independent determination concerning said violation.
Subsequent to the expiration of the thirty-day cure period, a fine
greater than $1,250, but not more than $2,000, may be imposed if the
Municipal Court has not determined otherwise, or/if, upon reinspection
of the subject property, it is determined that the abatement of the
violation has not been completed. Every day that a violation continues
after service of written notice by certified and/or regular mail on
the owner of the subject property as shown in the latest tax duplicate
shall be deemed a separate offense. The court may also order the removal
of the violation by the Township, and the cost of such removal, together
with the cost of administration of its removal, may be assessed against
the property on which the temporary structure or PSU was located and
may be filed as a lien against such property by the Township Clerk.
Such lien shall be superior in dignity to all other liens or encumbrances
upon the property, including the lien of a mortgage, and shall be
equal in dignity to the lien of ad valorem taxes.
[Amended 5-14-1987 by Ord. No. 18-87; 6-25-1992 by Ord. No. 13-92; 7-16-2009 by Ord. No. 2009-23; 10-15-2009 by Ord. No. 2009-29; 6-16-2022 by Ord. No. 2022-006]
A.
Scope and administration.
(1)
Title. These regulations, in combination with the flood provisions
of the Uniform Construction Code (UCC), N.J.A.C. 5:23 (hereinafter
"Uniform Construction Code"), consisting of the Building Code, Residential
Code, Rehabilitation Subcode, and related codes, and the New Jersey
Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13,
shall be known as the "Floodplain Management Regulations of the Township
of Marlboro" (hereinafter "these regulations").
(2)
Scope. These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in Subsection B of these regulations.
(3)
Purposes and objectives. The purposes and objectives of these regulations
are to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific
flood hazard areas through the establishment of comprehensive regulations
for management of flood hazard areas, designed to:
(a)
Protect human life and health.
(b)
Prevent unnecessary disruption of commerce, access, and public
service during times of flooding.
(c)
Manage the alteration of natural floodplains, stream channels
and shorelines.
(d)
Manage filling, grading, dredging and other development which
may increase flood damage or erosion potential.
(e)
Prevent or regulate the construction of flood barriers which
will divert floodwater or increase flood hazards.
(f)
Contribute to improved construction techniques in the floodplain.
(g)
Minimize damage to public and private facilities and utilities.
(h)
Help maintain a stable tax base by providing for the sound use
and development of flood hazard areas.
(i)
Minimize the need for rescue and relief efforts associated with
flooding.
(j)
Ensure that property owners, occupants, and potential owners
are aware of property located in flood hazard areas.
(k)
Minimize the need for future expenditure of public funds for
flood control projects and response to and recovery from flood events.
(l)
Meet the requirements of the National Flood Insurance Program
for community participation set forth in 44 CFR 59.22.
(4)
Coordination with building codes. Pursuant to the requirement established
in N.J.A.C. 5:23, the Uniform Construction Code, that the Township
of Marlboro administer and enforce the state building codes, the Township
Council of the Township of Marlboro does hereby acknowledge that the
Uniform Construction Code contains certain provisions that apply to
the design and construction of buildings and structures in flood hazard
areas. Therefore, these regulations are intended to be administered
and enforced in conjunction with the Uniform Construction Code.
(5)
Ordinary building maintenance and minor work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code, including nonstructural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with Subsection C(14), Substantial improvement and substantial damage determinations.
(6)
Warning. The degree of flood protection required by these regulations
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur.
Flood heights may be increased by man-made or natural causes. Enforcement
of these regulations does not imply that land outside the special
flood hazard areas, or that uses permitted within such flood hazard
areas, will be free from flooding or flood damage.
(7)
Other laws. The provisions of these regulations shall not be deemed
to nullify any provisions of local, state, or federal law.
(8)
Violations and penalties for noncompliance.
(a)
No structure or land shall hereafter be constructed, relocated,
extended, converted, or altered without full compliance with the terms
of this section and other applicable regulations. Violation of the
provisions of this section by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a violation under N.J.S.A.
40:49-5. Any person who violates this section or fails to comply with
any of its requirements shall be subject to one or more of the following:
a fine of not more than $1,250, imprisonment for a term not exceeding
90 days or a period of community service not exceeding 90 days.
(b)
Each day in which a violation of this section exists shall be
considered to be a separate and distinct violation subject to the
imposition of a separate penalty for each day of the violation as
the court may determine, except that the owner will be afforded the
opportunity to cure or abate the condition during a thirty-day period
and shall be afforded the opportunity for a hearing before the court
for an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $1,250
may be imposed if the court has not determined otherwise, or if upon
reinspection of the property, it is determined that the abatement
has not been substantially completed.
(c)
Any person who is convicted of violating this section within
one year of the date of a previous violation of the same section and
who was fined for the previous violation shall be sentenced by a court
to an additional fine as a repeat offender. The additional fine imposed
by the court upon a person for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this section, but shall be calculated separately from the fine
imposed for the violation of this section.
(d)
Solid waste disposal in a flood hazard area. Any person who
has unlawfully disposed of solid waste in a floodway or floodplain
who fails to comply with this section or fails to comply with any
of its requirements shall, upon conviction thereof, be fined not more
than $2,500 or up to a maximum penalty by a fine not exceeding $10,000
under N.J.S.A. 40:49-5.
(9)
Abrogation and greater restrictions. These regulations supersede
any ordinance in effect in flood hazard areas. However, these regulations
are not intended to repeal or abrogate any existing ordinances, including
land development regulations, subdivision regulations, zoning ordinances,
stormwater management regulations, or building codes. In the event
of a conflict between these regulations and any other ordinance, code,
or regulation, the more restrictive shall govern.
B.
Applicability.
(1)
General. These regulations, in conjunction with the Uniform Construction
Code, provide minimum requirements for development located in flood
hazard areas, including the subdivision of land and other developments;
site improvements and installation of utilities; placement and replacement
of manufactured homes; placement of recreational vehicles; new construction
and alterations, repair, reconstruction, rehabilitation or additions
of existing buildings and structures; substantial improvement of existing
buildings and structures, including repair of substantial damage;
installation of tanks; temporary structures and temporary or permanent
storage; utility and miscellaneous Group U buildings and structures;
and certain building work exempt from permit under the Uniform Construction
Code; and other buildings and development activities.
(2)
Establishment of flood hazard areas.
(a)
The Township of Marlboro was accepted for participation in the
National Flood Insurance Program on June 15, 1978.
(b)
The National Flood Insurance Program (NFIP) floodplain management
regulations encourage that all federal, state, and local regulations
that are more stringent than the minimum NFIP standards take precedence
in permitting decisions. The FHACA requires that the effective Flood
Insurance Rate Map, most recent preliminary FEMA mapping and flood
studies, and Department delineations be compared to determine the
most restrictive mapping. The FHACA also regulates unstudied flood
hazard areas in watersheds measuring 50 acres or greater in size and
most riparian zones in New Jersey. Because of these higher standards,
the regulated flood hazard area in New Jersey may be more expansive
and more restrictive than the FEMA special flood hazard area. Maps
and studies that establish flood hazard areas are on file at the office
of the Construction Official, located at 1979 Township Drive, Marlboro,
NJ 07746.
(c)
The following sources identify flood hazard areas in this jurisdiction
and must be considered when determining the best available flood hazard
data area:
[1]
Effective Flood Insurance Study. Special flood hazard areas
(SFHAs) identified by the Federal Emergency Management Agency in a
scientific and engineering report entitled "Flood Insurance Study,
Monmouth County, New Jersey (All Jurisdictions)," dated September
25, 2009, revised June 20, 2018, and June 15, 2022, and the accompanying
Flood Insurance Rate Maps (FIRMs) identified in Table 220-46B(2)(a)
whose effective date is September 25, 2009 are hereby adopted by reference.
|
Table 220-46B(2)(c)[1]
| |||||
|---|---|---|---|---|---|
|
Map Panel No.
|
Effective Date
|
Revision Letter
|
Map Panel No.
|
Effective Date
|
Revision Letter
|
|
34025C0020
|
9-25-2009
|
F
|
34025C0151
|
9-25-2009
|
F
|
|
34025C0038
|
9-25-2009
|
F
|
34025C0152
|
9-25-2009
|
F
|
|
34025C0039
|
9-25-2009
|
F
|
34025C0153
|
9-25-2009
|
F
|
|
34025C0130
|
9-25-2009
|
F
|
34025C0154
|
9-25-2009
|
F
|
|
34025C0135
|
9-25-2009
|
F
|
34025C0161
|
9-25-2009
|
F
|
|
34025C0141
|
9-25-2009
|
F
|
34025C0163
|
9-25-2009
|
F
|
|
34025C0142
|
9-25-2009
|
F
| |||
[2]
Federal best available information. The Township of Marlboro
shall utilize federal flood information as listed in the table below
that provides more detailed hazard information, higher flood elevations,
larger flood hazard areas, and results in more restrictive regulations.
This information may include but is not limited to preliminary flood
elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps,
work maps or preliminary FIS and FIRM). Additional federal best available
studies issued after the date of this section must also be considered.
These studies are listed on FEMA's Map Service Center. This information
shall be used for floodplain regulation purposes only.
|
Table 220-46B(2)(c)[2]
| |||
|---|---|---|---|
|
Map Panel No.
|
Preliminary Date
|
Map Panel No.
|
Preliminary Date
|
|
N/A
|
N/A
| ||
[3]
Other best available data. The Township of Marlboro shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Township of Marlboro. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in Subsection B(2)(c)[1] and Table 220-46B(2)(c)[2], above. This information shall be used for floodplain regulation purposes only.
[4]
State-regulated flood hazard areas. For state-regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "flood hazard area design flood elevation," as defined in Subsection I, and as described in the New Jersey Flood Hazard Area Control Act Rules at N.J.A.C. 7:13. An FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the special flood hazard areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
|
Table 220-46B(2)(c)[4]: List of State Studied Waters
| ||
|---|---|---|
|
Name of Studied Water
|
File Name
|
Map Number
|
|
East Branch Willow Brook
|
O0000021
|
Sheet 20
|
|
Willow Brook
|
O0000022
|
Sheet 21
|
|
Barclay Brook
|
FHR171802
|
BC-2
|
|
Barclay Brook
|
FHR171803
|
BC-3
|
|
South Branch Tepehemus Brook
|
FHR171821
|
SBT-1
|
|
Milford Brook
|
FHR171805
|
MD-2
|
|
Milford Brook
|
FHR171806
|
MD-3
|
|
Pine Brook
|
FHR171820
|
P-3
|
|
Tepehemus Brook
|
FHR171823
|
T-2
|
|
Milford Brook
|
FHR171807
|
MD-4
|
|
Yellow Brook
|
O0000003
|
Sheet 1
|
|
Willow Brook, Hop Brook
|
O0000019
|
Sheet 18
|
|
S Branch Tepehemus Brook
|
V0000028
|
Sheet 4
|
|
Yellow Brook, Trib Yellow Brook
|
V0000031
|
Sheet 7
|
|
Gravely Run
|
V0000086
|
Sheet 8
|
|
Willow Brook
|
O0000080p
|
05p
|
|
Willow Brook
|
O0000081p
|
06p
|
|
Willow Brook East Branch
|
O0000082p
|
05p
|
|
Tepehemus Brook South Branch
|
V0000041p
|
Sheet 17
|
(3)
Establishing the local design flood elevation (LDFE).
(a)
The local design flood elevation (LDFE) is established in the flood hazard areas determined in Subsection B(2), above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum statewide elevation requirements for lowest floors in A, Coastal A, and V Zones, ASCE 24 requirements for critical facilities as specified by the Building Code, plus additional freeboard as specified by this section.
(b)
At a minimum, the local design flood elevation shall be as follows:
[1]
For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in Subsection B(2), above plus one foot, or as described by N.J.A.C. 7:13, of freeboard; or
[2]
For any undelineated watercourse (where mapping or studies described in Subsection B(2)(c)[1] and [2] above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the local design flood elevation:
[a]
A copy of an unexpired NJDEP flood hazard area
verification plus one foot of freeboard and any additional freeboard
as required by ASCE 24; or
[b]
A determination of the flood hazard area design flood elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to Subsection E(2)(a)[3].
[3]
AO Zones. For Zone AO areas on the municipality's FIRM
(or on preliminary flood elevation guidance from FEMA), the local
design flood elevation is determined from the FIRM panel as the highest
adjacent grade plus the depth number specified plus one foot of freeboard.
If no depth number is specified, the local design flood elevation
is three feet above the highest adjacent grade.
[4]
Class IV critical facilities. For any proposed development of
new and substantially improved flood design Class IV critical facilities,
the local design flood elevation must be the higher of the 0.2% annual
chance (500-year) flood elevation or the Flood Hazard Area Design
Flood Elevation with an additional two feet of freeboard in accordance
with ASCE 24.
[5]
Class III critical facilities. For proposed development of new
and substantially improved flood design Class III critical facilities
in coastal high hazard areas, the local design flood elevation must
be the higher of the 0.2% annual chance (500-year) flood elevation
or the flood hazard area design flood elevation with an additional
one foot of freeboard in accordance with ASCE 24.
C.
Duties and powers of Floodplain Administrator.
(1)
Floodplain Administrator designation. The Construction Official is
designated the Floodplain Administrator. The Floodplain Administrator
shall have the authority to delegate performance of certain duties
to other employees.
(2)
General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the Building Code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Subsection G of these regulations.
(3)
Coordination. The Floodplain Administrator shall coordinate with
the Construction Official to administer and enforce the flood provisions
of the Uniform Construction Code.
(4)
Duties. The duties of the Floodplain Administrator shall include
but are not limited to:
(a)
Review all permit applications to determine whether proposed development is located in flood hazard areas established in Subsection B of these regulations.
(b)
Require development in flood hazard areas to be reasonably safe
from flooding and to be designed and constructed with methods, practices
and materials that minimize flood damage.
(c)
Interpret flood hazard area boundaries and provide available
flood elevation and flood hazard information.
(d)
Determine whether additional flood hazard data shall be obtained
or developed.
(e)
Review required certifications and documentation specified by
these regulations and the Building Code to determine that such certifications
and documentation are complete.
(f)
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Subsection C(14) of these regulations.
(g)
Coordinate with the Construction Official and others to identify
and investigate damaged buildings located in flood hazard areas and
inform owners of the requirement to obtain permits for repairs.
(h)
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood-resistant construction requirements of the Uniform Construction Code to determine whether such requests require consideration as a variance pursuant to Subsection G of these regulations.
(i)
Require applicants who submit hydrologic and hydraulic engineering
analyses to support permit applications to submit to FEMA the data
and information necessary to maintain the Flood Insurance Rate Maps
when the analyses propose to change base flood elevations, flood hazard
area boundaries, or floodway designations; such submissions shall
be made within six months of such data becoming available.
(j)
Require applicants who propose alteration of a watercourse to
notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering,
and to submit copies of such notifications to the Federal Emergency
Management Agency (FEMA).
(k)
Inspect development in accordance with Subsection F of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
(l)
Prepare comments and recommendations for consideration when applicants seek variances in accordance with Subsection G of these regulations.
(n)
Notify the Federal Emergency Management Agency when the corporate
boundaries of the Township of Marlboro have been modified.
(5)
Use of changed technical data. The Floodplain Administrator and the
applicant shall not use changed flood hazard area boundaries or base
flood elevations for proposed buildings or developments unless the
Floodplain Administrator or applicant has applied for a conditional
letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM)
revision and has received the approval of the Federal Emergency Management
Agency. A revision of the effective FIRM does not remove the related
feature(s) on a flood hazard area delineation that has been promulgated
by the NJDEP. A separate application must be made to the state pursuant
to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation,
flood hazard area limit, floodway limit, and/or other related feature.
(6)
Other permits. It shall be the responsibility of the Floodplain Administrator
to assure that approval of a proposed development shall not be given
until proof that necessary permits have been granted by federal or
state agencies having jurisdiction over such development, including
Section 404 of the Clean Water Act.[1] In the event of conflicting permit requirements, the Floodplain
Administrator must ensure that the most restrictive floodplain management
standards are reflected in permit approvals.
[1]
Editor's Note: See 33 U.S.C. § 1344.
(7)
Determination of local design flood elevations.
(a)
If design flood elevations are not specified, the Floodplain
Administrator is authorized to require the applicant to:
[1]
Obtain, review, and reasonably utilize data available from a
federal, state, or other source; or
[2]
Determine the design flood elevation in accordance with accepted
hydrologic and hydraulic engineering techniques. Such analyses shall
be performed and sealed by a licensed professional engineer. Studies,
analyses, and computations shall be submitted in sufficient detail
to allow review and approval by the Floodplain Administrator. The
accuracy of data submitted for such determination shall be the responsibility
of the applicant.
(b)
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed best available flood hazard data area and the local design flood elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in Subsection B(2) and (3), respectively. This information shall be provided to the Construction Official and documented according to Subsection C(15).
(8)
Requirement to submit new technical data. Base flood elevations may
increase or decrease resulting from natural changes (e.g., erosion,
accretion, channel migration, subsidence, uplift) or man-made physical
changes (e.g., dredging, filling, excavation) affecting flooding conditions.
As soon as practicable, but not later than six months after the date
of a man-made change or when information about a natural change becomes
available, the Floodplain Administrator shall notify the Federal Insurance
Administrator of the changes by submitting technical or scientific
data in accordance with 44 CFR 65.3. Such a submission is necessary
so that upon confirmation of those physical changes affecting flooding
conditions, risk premium rates and floodplain management requirements
will be based upon current data.
(9)
Activities in riverine flood hazard areas. In riverine flood hazard
areas where design flood elevations are specified but floodways have
not been designated, the Floodplain Administrator shall not permit
any new construction, substantial improvement or other development,
including the placement of fill, unless the applicant submits an engineering
analysis prepared by a licensed professional engineer that demonstrates
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachment,
will not increase the design flood elevation more than 0.2 foot at
any point within the community.
(10)
Floodway encroachment. Prior to issuing a permit for any floodway
encroachment, including fill, new construction, substantial improvements
and other development or land-disturbing activity, the Floodplain
Administrator shall require submission of a certification prepared
by a licensed professional engineer, along with supporting technical
data, that demonstrates that such development will not cause any increase
in the base flood level.
(a)
Floodway revisions. A floodway encroachment that increases the
level of the base flood is authorized if the applicant has applied
for a conditional letter of map revision (CLOMR) to the Flood Insurance
Rate Map (FIRM) and has received the approval of FEMA.
(11)
Watercourse alteration. Prior to issuing a permit for any alteration
or relocation of any watercourse, the Floodplain Administrator shall
require the applicant to provide notification of the proposal to the
appropriate authorities of all adjacent government jurisdictions,
as well as the NJDEP Bureau of Flood Engineering and the Division
of Land Resource Protection. A copy of the notification shall be maintained
in the permit records and submitted to FEMA.
(a)
Engineering analysis. The Floodplain Administrator shall require
submission of an engineering analysis prepared by a licensed professional
engineer, demonstrating that the flood-carrying capacity of the altered
or relocated portion of the watercourse will be maintained, neither
increased nor decreased. Such watercourses shall be maintained in
a manner that preserves the channel's flood-carrying capacity.
(12)
Alterations in coastal areas. The excavation or alteration of
sand dunes is governed by the New Jersey Coastal Zone Management (CZM)
Rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit
for any alteration of sand dunes in coastal high hazard areas and
Coastal A Zones, the Floodplain Administrator shall require that a
New Jersey CZM permit be obtained and included in the flood damage
prevention permit application. The applicant shall also provide documentation
of any engineering analysis, prepared by a licensed professional engineer,
that demonstrates that the proposed alteration will not increase the
potential for flood damage.
(13)
Development in riparian zones All development in riparian zones
as described in N.J.A.C. 7:13 is prohibited by this section unless
the applicant has received an individual or general permit or has
complied with the requirements of a permit by rule or permit by certification
from NJDEP Division of Land Resource Protection prior to application
for a floodplain development permit and the project is compliant with
all other floodplain development provisions of this section. The width
of the riparian zone can range between 50 and 300 feet and is determined
by the attributes of the water body and designated in the New Jersey
Surface Water Quality Standards, N.J.A.C. 7:9B. The portion of the
riparian zone located outside of a regulated water is measured landward
from the top-of-bank. Applicants can request a verification of the
riparian zone limits or a permit applicability determination to determine
state permit requirements under N.J.A.C. 7:13 from the NJDEP Division
of Land Resource Protection.
(14)
Substantial improvement and substantial damage determinations.
When buildings and structures are damaged due to any cause, including
but not limited to man-made, structural, electrical, mechanical, or
natural hazard events, or are determined to be unsafe as described
in N.J.A.C. 5:23; and for applications for building permits to improve
buildings and structures, including alterations, movement, repair,
additions, rehabilitations, renovations, ordinary maintenance and
minor work, substantial improvements, repairs of substantial damage,
and any other improvement of or work on such buildings and structures,
the Floodplain Administrator, in coordination with the Construction
Official, shall:
(a)
Estimate the market value, or require the applicant to obtain
a professional appraisal prepared by a qualified independent appraiser,
of the market value of the building or structure before the start
of construction of the proposed work; in the case of repair, the market
value of the building or structure shall be the market value before
the damage occurred and before any repairs are made.
(b)
Determine and include the costs of all ordinary maintenance and minor work, as discussed in Subsection B(2), performed in the floodplain regulated by this section in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
(c)
Compare the cost to perform the improvement, the cost to repair
the damaged building to its pre-damaged condition, or the combined
costs of improvements and repairs, where applicable, to the market
value of the building or structure.
(d)
Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage.
(e)
Notify the applicant in writing when it is determined that the
work constitutes substantial improvement or repair of substantial
damage and that compliance with the flood-resistant construction requirements
of the Building Code is required and notify the applicant when it
is determined that work does not constitute substantial improvement
or repair of substantial damage. The Floodplain Administrator shall
also provide all letters documenting substantial damage and compliance
with flood-resistant construction requirements of the Building Code
to the NJDEP Bureau of Flood Engineering.
(15)
Department records. In addition to the requirements of the Building
Code and these regulations, and regardless of any limitation on the
period required for retention of public records, the Floodplain Administrator
shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of
these regulations and the flood provisions of the Uniform Construction
Code, including Flood Insurance Studies, Flood Insurance Rate Maps;
documents from FEMA that amend or revise FIRMs; NJDEP delineations,
records of issuance of permits and denial of permits; records of ordinary
maintenance and minor work, determinations of whether proposed work
constitutes substantial improvement or repair of substantial damage;
required certifications and documentation specified by the Uniform
Construction Code and these regulations, including as-built elevation
certificates; notifications to adjacent communities, FEMA, and the
state related to alterations of watercourses; assurance that the flood-carrying
capacity of altered waterways will be maintained; documentation related
to variances, including justification for issuance or denial; and
records of enforcement actions taken pursuant to these regulations
and the flood-resistant provisions of the Uniform Construction Code.
The Floodplain Administrator shall also record the required elevation,
determination method, and base flood elevation source used to determine
the local design flood elevation in the floodplain development permit.
(16)
Liability. The Floodplain Administrator and any employee charged
with the enforcement of these regulations, while acting for the jurisdiction
in good faith and without malice in the discharge of the duties required
by these regulations or other pertinent law or ordinance, shall not
thereby be rendered liable personally and is hereby relieved from
personal liability for any damage accruing to persons or property
as a result of any act or by reason of an act or omission in the discharge
of official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of these regulations
shall be defended by legal representative of the jurisdiction until
the final termination of the proceedings. The Floodplain Administrator
and any subordinate shall not be liable for cost in any action, suit
or proceeding that is instituted in pursuance of the provisions of
these regulations.
D.
Permits.
(1)
Permits required. Any person, owner or authorized agent who intends
to conduct any development in a flood hazard area shall first make
application to the Floodplain Administrator and shall obtain the required
permit. Depending on the nature and extent of proposed development
that includes a building or structure, the Floodplain Administrator
may determine that a floodplain development permit or approval is
required in addition to a building permit.
(2)
Application for permit. The applicant shall file an application in
writing on a form furnished by the Floodplain Administrator. Such
application shall:
(a)
Identify and describe the development to be covered by the permit.
(b)
Describe the land on which the proposed development is to be
conducted by legal description, street address or similar description
that will readily identify and definitively locate the site.
(c)
Indicate the use and occupancy for which the proposed development
is intended.
(d)
Be accompanied by a site plan and construction documents as specified in Subsection E of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
(e)
State the valuation of the proposed work, including the valuation
of ordinary maintenance and minor work.
(f)
Be signed by the applicant or the applicant's authorized
agent.
(3)
Validity of permit. The issuance of a permit under these regulations
or the Uniform Construction Code shall not be construed to be a permit
for, or approval of, any violation of this section or any other ordinance
of the jurisdiction. The issuance of a permit based on submitted documents
and information shall not prevent the Floodplain Administrator from
requiring the correction of errors. The Floodplain Administrator is
authorized to prevent occupancy or use of a structure or site which
is in violation of these regulations or other ordinances of this jurisdiction.
(4)
Expiration. A permit shall become invalid when the proposed development
is not commenced within 180 days after its issuance, or when the work
authorized is suspended or abandoned for a period of 180 days after
the work commences. Extensions shall be requested in writing and justifiable
cause demonstrated. The Floodplain Administrator is authorized to
grant, in writing, one or more extensions of time, for periods not
more than 180 days each.
(5)
Suspension or revocation. The Floodplain Administrator is authorized
to suspend or revoke a permit issued under these regulations wherever
the permit is issued in error or on the basis of incorrect, inaccurate
or incomplete information, or in violation of any ordinance or code
of this jurisdiction.
E.
Site plans and construction documents.
(1)
Information for development in flood hazard areas.
(a)
The site plan or construction documents for any development
subject to the requirements of these regulations shall be drawn to
scale and shall include, as applicable to the proposed development:
[1]
Delineation of flood hazard areas, floodway boundaries and flood
zone(s), base flood elevation(s), and ground elevations when necessary
for review of the proposed development. For buildings that are located
in more than one flood hazard area, the elevation and provisions associated
with the most restrictive flood hazard area shall apply.
[2]
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Subsection E(2).
[3]
Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Subsection E(2)(a)[3] of these regulations.
[4]
Location of the proposed activity and proposed structures, and
locations of existing buildings and structures; in coastal high hazard
areas and Coastal A zones, new buildings shall be located landward
of the reach of mean high tide.
[5]
Location, extent, amount, and proposed final grades of any filling,
grading, or excavation.
[6]
Where the placement of fill is proposed, the amount, type, and
source of fill material; compaction specifications; a description
of the intended purpose of the fill areas; and evidence that the proposed
fill areas are the minimum necessary to achieve the intended purpose.
The applicant shall provide an engineering certification confirming
that the proposal meets the flood storage displacement limitations
of N.J.A.C. 7:13.
[7]
Extent of any proposed alteration of sand dunes.
[8]
Existing and proposed alignment of any proposed alteration of
a watercourse.
[9]
Floodproofing certifications, V Zone and breakaway wall certifications,
operations and maintenance plans, warning and evacuation plans and
other documentation required pursuant to FEMA publications.
(b)
The Floodplain Administrator is authorized to waive the submission
of site plans, construction documents, and other data that are required
by these regulations but that are not required to be prepared by a
registered design professional when it is found that the nature of
the proposed development is such that the review of such submissions
is not necessary to ascertain compliance.
(2)
Information in flood hazard areas without base flood elevations (approximate
Zone A).
(a)
Where flood hazard areas are delineated on the effective or
preliminary FIRM and base flood elevation data have not been provided,
the applicant shall consult with the Floodplain Administrator to determine
whether to:
[1]
Use the Approximation Method (Method 5) described in N.J.A.C.
7:13 in conjunction with Appendix 1 of the FHACA to determine the
required flood elevation.
[2]
Obtain, review, and reasonably utilize data available from a
federal, state or other source when those data are deemed acceptable
to the Floodplain Administrator to reasonably reflect flooding conditions.
[3]
Determine the base flood elevation in accordance with accepted
hydrologic and hydraulic engineering techniques according to Method
6 as described in N.J.A.C. 7:13. Such analyses shall be performed
and sealed by a licensed professional engineer.
(b)
Studies, analyses, and computations shall be submitted in sufficient
detail to allow review and approval by the Floodplain Administrator
prior to floodplain development permit issuance. The accuracy of data
submitted for such determination shall be the responsibility of the
applicant. Where the data are to be used to support a letter of map
change (LOMC) from FEMA, the applicant shall be responsible for satisfying
the submittal requirements and pay the processing fees.
(3)
Analyses and certifications by a Licensed Professional Engineer.
As applicable to the location and nature of the proposed development
activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a
licensed professional engineer for submission with the site plan and
construction documents:
(a)
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Subsection E(4) of these regulations and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.
(b)
For development activities proposed to be located in a riverine
flood hazard area where base flood elevations are included in the
FIS or FIRM but floodways have not been designated, hydrologic and
hydraulic analyses that demonstrate that the cumulative effect of
the proposed development, when combined with all other existing and
anticipated flood hazard area encroachments, will not increase the
base flood elevation more than 0.2 foot at any point within the jurisdiction.
This requirement does not apply in isolated flood hazard areas not
connected to a riverine flood hazard area or in flood hazard areas
identified as Zone AO or Zone AH.
(c)
For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Subsection E(4) of these regulations. The applicant shall notify the Chief Executive Officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
(d)
For activities that propose to alter sand dunes in coastal high
hazard areas (Zone V) and Coastal A Zones, an engineering analysis
that demonstrates that the proposed alteration will not increase the
potential for flood damage and documentation of the issuance of a
New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.
(e)
For analyses performed using Methods 5 and 6 (as described in
N.J.A.C. 7:13) in flood hazard zones without base flood elevations
(Approximate A Zones).
(4)
Submission of additional data. When additional hydrologic, hydraulic
or other engineering data, studies, and additional analyses are submitted
to support an application, the applicant has the right to seek a letter
of map change (LOMC) from FEMA to change the base flood elevations,
change floodway boundaries, or change boundaries of flood hazard areas
shown on FIRMs, and to submit such data to FEMA for such purposes.
The analyses shall be prepared by a licensed professional engineer
in a format required by FEMA. Submittal requirements and processing
fees shall be the responsibility of the applicant.
F.
Inspections.
(1)
General. Development for which a permit is required shall be subject
to inspection. Approval as a result of an inspection shall not be
construed to be an approval of a violation of the provisions of these
regulations or the Building Code. Inspections presuming to give authority
to violate or cancel the provisions of these regulations or the Building
Code or other ordinances shall not be valid.
(2)
Inspections of development. The Floodplain Administrator shall inspect
all development in flood hazard areas authorized by issuance of permits
under these regulations. The Floodplain Administrator shall inspect
flood hazard areas from time to time to determine if development is
undertaken without issuance of a permit.
(3)
Buildings and structures. The Construction Official shall make, or
cause to be made, inspections for buildings and structures in flood
hazard areas authorized by permit in accordance with the Uniform Construction
Code, N.J.A.C. 5:23.
(a)
Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Subsection O(2) shall be submitted to the Construction Official on an elevation certificate.
(b)
Lowest horizontal structural member. In V Zones and Coastal A Zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Subsection O(2) shall be submitted to the Construction Official on an elevation certificate.
(4)
Manufactured homes. The Floodplain Administrator shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine
compliance with the requirements of these regulations and the conditions
of the issued permit. Upon placement of a manufactured home, certification
of the elevation of the lowest floor shall be submitted on an elevation
certificate to the Floodplain Administrator prior to the final inspection.
G.
Variances.
(1)
General. The Planning Board shall hear and decide requests for variances. The Planning Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Subsection G(5), the conditions of issuance set forth in Subsection G(6), and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Planning Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
(2)
Historic structures. A variance to the substantial improvement requirements
of this section is authorized, provided that the repair or rehabilitation
of an historic structure is completed according to N.J.A.C. 5:23-6.33,
Section 1612 of the International Building Code and Section R322 of
the International Residential Code, the repair or rehabilitation will
not preclude the structure's continued designation as an historic
structure, the structure meets the definition of "historic structure"
as described by this section, and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(3)
Functionally dependent uses. A variance is authorized to be issued
for the construction or substantial improvement necessary for the
conduct of a functionally dependent use, provided the variance is
the minimum necessary to allow the construction or substantial improvement,
and that all due consideration has been given to use of methods and
materials that minimize flood damage during the base flood and create
no additional threats to public safety.
(4)
Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in Subsection E(3)(a) of these regulations.
(5)
Considerations. In reviewing requests for variances, all technical
evaluations, all relevant factors, all other portions of these regulations,
and the following shall be considered:
(a)
The danger that materials and debris may be swept onto other
lands, resulting in further injury or damage.
(b)
The danger to life and property due to flooding or erosion damage.
(c)
The susceptibility of the proposed development, including contents,
to flood damage and the effect of such damage on current and future
owners.
(d)
The importance of the services provided by the proposed development
to the community.
(e)
The availability of alternate locations for the proposed development
that are not subject to flooding or erosion and the necessity of a
waterfront location, where applicable.
(f)
The compatibility of the proposed development with existing
and anticipated development.
(g)
The relationship of the proposed development to the Comprehensive
Plan and Floodplain Management Program for that area.
(h)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(i)
The expected heights, velocity, duration, rate of rise and debris
and sediment transport of the floodwater and the effects of wave action,
where applicable, expected at the site.
(j)
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical and water systems, streets,
and bridges.
(6)
Conditions for issuance. Variances shall only be issued upon:
(a)
Submission by the applicant of a showing of good and sufficient
cause that the unique characteristics of the size, configuration or
topography of the site limit compliance with any provision of these
regulations or render the elevation standards of the Building Code
inappropriate.
(b)
A determination that failure to grant the variance would result
in exceptional hardship due to the physical characteristics of the
land that render the lot undevelopable.
(c)
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, or
extraordinary public expense, nor create nuisances, cause fraud on
or victimization of the public or conflict with existing local laws
or ordinances.
(d)
A determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(e)
Notification to the applicant in writing over the signature
of the Floodplain Administrator that the issuance of a variance to
construct a structure below the base flood level will result in increased
premium rates for flood insurance up to amounts as high as $25 for
$100 of insurance coverage, and that such construction below the base
flood level increases risks to life and property.
H.
Violations.
(1)
Violations. Any development in any flood hazard area that is being
performed without an issued permit or that is in conflict with an
issued permit shall be deemed a violation. A building or structure
without the documentation of elevation of the lowest floor, the lowest
horizontal structural member if in a V or Coastal A Zone, other required
design certifications, or other evidence of compliance required by
the Building Code is presumed to be a violation until such time as
that documentation is provided.
(2)
Authority. The Floodplain Administrator is authorized to serve notices
of violation or stop-work orders to owners of property involved, to
the owner's agent, or to the person or persons doing the work
for development that is not within the scope of the Uniform Construction
Code, but is regulated by these regulations and that is determined
to be a violation.
(3)
Unlawful continuance. Any person who shall continue any work after
having been served with a notice of violation or a stop-work order,
except such work as that person is directed to perform to remove or
remedy a violation or unsafe condition, shall be subject to penalties
as prescribed by N.J.S.A. 40:49-5 as appropriate.
(4)
Review period to correct violations. A thirty-day period shall be
given to the property owner as an opportunity to cure or abate the
condition. The property owner shall also be afforded an opportunity
for a hearing before the court for an independent determination concerning
the violation. Subsequent to the expiration of the thirty-day period,
a fine greater than $1,250 may be imposed if a court has not determined
otherwise or, upon reinspection of the property, it is determined
that the abatement has not been substantially completed.
I.
Definitions.
(1)
General. The following words and terms shall, for the purposes of
these regulations, have the meanings shown herein. Other terms are
defined in the Uniform Construction Code, N.J.A.C. 5:23, and terms
are defined where used in the International Residential Code and International
Building Code (rather than in the definitions section). Where terms
are not defined, such terms shall have ordinarily accepted meanings
such as the context implies.
(2)
100-YEAR FLOOD ELEVATION
500-YEAR FLOOD ELEVATION
A ZONES
ACCESSORY STRUCTURE
AGRICULTURAL STRUCTURE
AH ZONES
ALTERATION OF A WATERCOURSE
AO ZONES
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
ASCE 24
ASCE 7
BASE FLOOD ELEVATION (BFE)
BASEMENT
BEST AVAILABLE FLOOD HAZARD DATA
BEST AVAILABLE FLOOD HAZARD DATA AREA
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
BREAKAWAY WALLS
BUILDING
CONDITIONAL LETTER OF MAP REVISION
CONDITIONAL LETTER OF MAP REVISION - FILL
CRITICAL BUILDING
(a)
(b)
DEVELOPMENT
DRY FLOODPROOFING
ELEVATED BUILDING
ELEVATION CERTIFICATE
ENCROACHMENT
FEMA PUBLICATIONS
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
(a)
[1]
[2]
[3]
(b)
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODPROOFING CERTIFICATE
FLOODWAY
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HABITABLE BUILDING
HARDSHIP
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
LAWFULLY EXISTING
(a)
(b)
LETTER OF MAP AMENDMENT
LETTER OF MAP CHANGE
LETTER OF MAP REVISION
LETTER OF MAP REVISION - FILL
LICENSED DESIGN PROFESSIONAL
LICENSED PROFESSIONAL ENGINEER
LOCAL DESIGN FLOOD ELEVATION (LDFE)
LOWEST ADJACENT GRADE
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MARKET VALUE
NEW CONSTRUCTION
NONRESIDENTIAL
ORDINARY MAINTENANCE AND MINOR WORK
RECREATIONAL VEHICLE
RESIDENTIAL
(a)
(b)
(c)
SOLID WASTE DISPOSAL
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
(a)
[1]
[2]
(b)
(c)
(d)
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(a)
(b)
THIRTY-DAY PERIOD
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
WATERCOURSE
WET FLOODPROOFING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Elevation of flooding having a 1% annual chance of being
equaled or exceeded in a given year, which is also referred to as
the "base flood elevation."
Elevation of flooding having a 0.2% annual chance of being
equaled or exceeded in a given year.
Areas of special flood hazard in which the elevation of the
surface water resulting from a flood that has a 1% annual chance of
equaling or exceeding the base flood elevation (BFE) in any given
year shown on the Flood Insurance Rate Map (FIRM) Zones A, AE, AH,
A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in
reference to the development of a structure in this section, A Zones
are not inclusive of Coastal A Zones because of the higher Building
Code requirements for Coastal A Zones.
Accessory structures are also referred to as "appurtenant
structures." An accessory structure is a structure which is on the
same parcel of property as a principal structure and the use of which
is incidental to the use of the principal structure. For example,
a residential structure may have a detached garage or storage shed
for garden tools as accessory structures. Other examples of accessory
structures include gazebos, picnic pavilions, boathouses, small pole
barns, storage sheds, and similar buildings.
A structure used solely for agricultural purposes in which
the use is exclusively in connection with the production, harvesting,
storage, drying, or raising of agricultural commodities, including
the raising of livestock. Communities must require that new construction
or substantial improvements of agricultural structures be elevated
or floodproofed to or above the base flood elevation (BFE) as any
other nonresidential building. Under some circumstances it may be
appropriate to wet-floodproof certain types of agricultural structures
when located in wide, expansive floodplains through issuance of a
variance. This should only be done for structures used for temporary
storage of equipment or crops or temporary shelter for livestock and
only in circumstances where it can be demonstrated that agricultural
structures can be designed in such a manner that results in minimal
damage to the structure and its contents and will create no additional
threats to public safety. New construction or substantial improvement
of livestock confinement buildings, poultry houses, dairy operations,
similar livestock operations and any structure that represents more
than a minimal investment must meet the elevation or dry-floodproofing
requirements of 44 CFR 60.3(c)(3).
Areas subject to inundation by 1%-annual-chance shallow flooding
(usually areas of ponding) where average depths are between one and
three feet. Base flood elevations (BFEs) derived from detailed hydraulic
analyses are shown in this zone.
A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the
channel or the channel capacity, or any other form of modification
which may alter, impede, retard or change the direction and/or velocity
of the riverine flow of water during conditions of the base flood.
Areas subject to inundation by 1%-annual-chance shallow flooding
(usually sheet flow on sloping terrain) where average depths are between
one and three feet.
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's
Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance
of flooding to an average depth of one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable,
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
See "special flood hazard area."
The standard for Flood Resistant Design and Construction,
referenced by the Building Code and developed and published by the
American Society of Civil Engineers, Reston, VA. References to "ASCE
24" shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted
in the UCC Code (N.J.A.C. 5:23).
The standard for the Minimum Design Loads for Buildings and
Other Structures, referenced by the Building Code and developed and
published by the American Society of Civil Engineers, Reston, VA,
which includes but is not limited to methodology and equations necessary
for determining structural and flood-related design requirements and
determining the design requirements for structures that may experience
a combination of loads, including those from natural hazards. Flood-related
equations include those for determining erosion, scour, lateral, vertical,
hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.
The water surface elevation resulting from a flood that has
a 1% or greater chance of being equaled or exceeded in any given year,
as shown on a published Flood Insurance Study (FIS), or preliminary
flood elevation guidance from FEMA. May also be referred to as the
"100-year flood elevation."
Any area of the building having its floor subgrade (below
ground level) on all sides.
The most recent available preliminary flood risk guidance
FEMA has provided. The best available flood hazard data may be depicted
on, but not limited to, Advisory Flood Hazard Area Maps, work maps,
or preliminary FIS and FIRM.
The aerial mapped extent associated with the most recent
available preliminary flood risk guidance FEMA has provided. The best
available flood hazard data may be depicted on, but not limited to,
Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and
FIRM.
The most recent available preliminary flood elevation guidance
FEMA has provided. The best available flood hazard data may be depicted
on, but not limited to, Advisory Flood Hazard Area Maps, work maps,
or preliminary FIS and FIRM.
Any type of wall subject to flooding that is not required
to provide structural support to a building or other structure and
that is designed and constructed such that, below the local design
flood elevation, it will collapse under specific lateral loads such
that 1) it allows the free passage of floodwaters, and 2) it does
not damage the structure or supporting foundation system. Certification
in the V Zone certificate of the design, plans, and specifications
by a licensed design professional that these walls are in accordance
with accepted standards of practice is required as part of the permit
application for new and substantially improved V Zone and Coastal
A Zone structures. A completed certification must be submitted at
permit application.
Per the FHACA, "building" means a structure enclosed with
exterior walls or firewalls, erected and framed of component structural
parts, designed for the housing, shelter, enclosure, and support of
individuals, animals, or property of any kind. A building may have
a temporary or permanent foundation. A building that is intended for
regular human occupation and/or residence is considered a habitable
building.
A conditional letter of map revision (CLOMR) is FEMA's
comment on a proposed project that would, upon construction, affect
the hydrologic or hydraulic characteristics of a flooding source and
thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the special flood hazard
area (SFHA). The letter does not revise an effective NFIP map; it
indicates whether the project, if built as proposed, would be recognized
by FEMA. FEMA charges a fee for processing a CLOMR to recover the
costs associated with the review that is described in the letter of
map change (LOMC) process. Building permits cannot be issued based
on a CLOMR, because a CLOMR does not change the NFIP map.
A conditional letter of map revision - fill (CLOMR-F) is
FEMA's comment on a proposed project involving the placement
of fill outside of the regulatory floodway that would, upon construction,
affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the special flood hazard
area (SFHA). The letter does not revise an effective NFIP map; it
indicates whether the project, if built as proposed, would be recognized
by FEMA. FEMA charges a fee for processing a CLOMR to recover the
costs associated with the review that is described in the letter of
map change (LOMC) process. Building permits cannot be issued based
on a CLOMR, because a CLOMR does not change the NFIP map.
Per the FHACA, "critical building" means that:
It is essential to maintaining continuity of vital government
operations and/or supporting emergency response, sheltering, and medical
care functions before, during, and after a flood, such as a hospital,
medical clinic, police station, fire station, emergency response center,
or public shelter; or
It serves large numbers of people who may be unable to leave
the facility through their own efforts, thereby hindering or preventing
safe evacuation of the building during a flood event, such as a school,
college, dormitory, jail or detention facility, day-care center, assisted
living facility, or nursing home.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, tanks,
temporary structures, temporary or permanent storage of materials,
mining, dredging, filling, grading, paving, excavations, drilling
operations and other land-disturbing activities.
A combination of measures that results in a nonresidential
structure, including the attendant utilities and equipment as described
in the latest version of ASCE 24, being watertight with all elements
substantially impermeable and with structural components having the
capacity to resist flood loads.
A building that has no basement and that has its lowest elevated
floor raised above ground level by foundation walls, shear walls,
posts, piers, pilings, or columns. Solid perimeter foundations walls
are not an acceptable means of elevating buildings in V and VE Zones.
An administrative tool of the National Flood Insurance Program
(NFIP) that can be used to provide elevation information, to determine
the proper insurance premium rate, and to support an application for
a letter of map amendment (LOMA) or letter of map revision based on
fill (LOMR-F).
The placement of fill, excavation, buildings, permanent structures
or other development into a flood hazard area which may impede or
alter the flow capacity of riverine flood hazard areas.
Any publication authored or referenced by FEMA related to
building science, building safety, or floodplain management related
to the National Flood Insurance Program. Publications shall include
but are not limited to technical bulletins, desk references, and American
Society of Civil Engineers Standards documents, including ASCE 24.
Per the FHACA, the peak water surface elevation that will
occur in a water during the flood hazard area design flood. This elevation
is determined via available flood mapping adopted by the state, flood
mapping published by FEMA (including effective flood mapping dated
on or after January 31, 1980, or any more recent advisory, preliminary,
or pending flood mapping; whichever results in higher flood elevations,
wider floodway limits, greater flow rates, or indicates a change from
an A Zone to a V Zone or Coastal A Zone), approximation, or calculation
pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1
through 3.6 and is typically higher than FEMA's base flood elevation.
A water that has a drainage area measuring less than 50 acres does
not possess, and is not assigned, a flood hazard area design flood
elevation.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
The official report in which the Federal Emergency Management
Agency has provided flood profiles, as well as the Flood Insurance
Rate Map(s) and the water surface elevation of the base flood.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters
from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Subsection (a)[2] of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (a)[1] of this definition.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance, and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Any land area susceptible to being inundated by water from
any source. See "flood or flooding."
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents.
Certification by a licensed design professional that the
design and methods of construction for floodproofing a nonresidential
structure are in accordance with accepted standards of practice to
a proposed height above the structure's lowest adjacent grade
that meets or exceeds the local design flood elevation. A completed
floodproofing certificate is required at permit application.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, bridge openings, and the hydrological
effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water, including only
docking facilities, port facilities necessary for the loading or unloading
of cargo or passengers, and shipbuilding and ship repair facilities.
The term does not include long-term storage or related manufacturing
facilities.
Pursuant to the FHACA Rules (N.J.A.C. 7:13), a building that
is intended for regular human occupation and/or residence. Examples
of a habitable building include a single-family home, duplex, multiresidence
building, or critical building; a commercial building such as a retail
store, restaurant, office building, or gymnasium; an accessory structure
that is regularly occupied, such as a garage, barn, or workshop; mobile
and manufactured homes, and trailers intended for human residence,
which are set on a foundation and/or connected to utilities, such
as in a mobile home park (not including campers and recreational vehicles);
and any other building that is regularly occupied, such as a house
of worship, community center, or meeting hall, or animal shelter that
includes regular human access and occupation. Examples of a nonhabitable
building include a bus stop shelter, utility building, storage shed,
self-storage unit, construction trailer, or an individual shelter
for animals such as a doghouse or outdoor kennel.
As related to Subsection G of this section, the exceptional hardship that would result from a failure to grant the requested variance. The Township Planning or Zoning Board requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Per the FHACA, an existing fill, structure and/or use which
meets all federal, state, and local laws, and which is not in violation
of the FHACA because it was established:
Prior to January 31, 1980; or
On or after January 31, 1980, in accordance with the requirements
of the FHACA as it existed at the time the fill, structure and/or
use was established.
|
Note: Substantially damaged properties and substantially improved
properties that have not been elevated are not considered "lawfully
existing" for the purposes of the NFIP. This definition is included
in this section to clarify the applicability of any more stringent
statewide floodplain management standards required under the FHACA.
|
A letter of map amendment (LOMA) is an official amendment,
by letter, to an effective National Flood Insurance Program (NFIP)
map that is requested through the letter of map change (LOMC) process.
A LOMA establishes a property's location in relation to the special
flood hazard area (SFHA). LOMAs are usually issued because a property
has been inadvertently mapped as being in the floodplain but is actually
on natural high ground above the base flood elevation. Because a LOMA
officially amends the effective NFIP map, it is a public record that
the community must maintain. Any LOMA should be noted on the community's
master flood map and filed by panel number in an accessible location.
The letter of map change (LOMC) process is a service provided
by FEMA for a fee that allows the public to request a change in flood
zone designation in an area of special flood hazard on a Flood Insurance
Rate Map (FIRM). Conditional letters of map revision, conditional
letters of map revision - fill, letters of map revision, letters of
map revision - fill, and letters of map amendment are requested through
the letter of map change (LOMC) process.
A letter of map revision (LOMR) is FEMA's modification
to an effective Flood Insurance Rate Map (FIRM). Letters of map revision
are generally based on the implementation of physical measures that
affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the special flood hazard
area (SFHA). The LOMR officially revises the Flood Insurance Rate
Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and,
when appropriate, includes a description of the modifications. The
LOMR is generally accompanied by an annotated copy of the affected
portions of the FIRM or FIS report. Because a LOMR officially revises
the effective NFIP map, it is a public record that the community must
maintain. Any LOMR should be noted on the community's master
flood map and filed by panel number in an accessible location.
A letter of map revision based on fill (LOMR-F), is FEMA's
modification of the special flood hazard area (SFHA) shown on the
Flood Insurance Rate Map (FIRM) based on the placement of fill outside
the existing regulatory floodway and may be initiated through the
letter of map change (LOMC) process. Because a LOMR-F officially revises
the effective Flood Insurance Rate Map (FIRM), it is a public record
that the community must maintain. Any LOMR-F should be noted on the
community's master flood map and filed by panel number in an
accessible location.
Shall refer to either a New Jersey licensed professional
engineer, licensed by the New Jersey State Board of Professional Engineers
and Land Surveyors or a New Jersey licensed architect, licensed by
the New Jersey State Board of Architects.
Shall refer to individuals licensed by the New Jersey State
Board of Professional Engineers and Land Surveyors.
The elevation reflective of the most recent available preliminary
flood elevation guidance FEMA has provided as depicted on but not
limited to Advisory Flood Hazard Area Maps, work maps, or preliminary
FIS and FIRM which is also inclusive of freeboard specified by the
New Jersey Flood Hazard Area Control Act and Uniform Construction
Codes and any additional freeboard specified in a community's
ordinance. In no circumstances shall a project's LDFE be lower
than a permit-specified flood hazard area design flood elevation or
a valid NJDEP flood hazard area verification letter plus the freeboard
as required in ASCE 24 and the effective FEMA base flood elevation.
The lowest point of ground, patio, or sidewalk slab immediately
next to a structure, except in AO Zones where it is the natural grade
elevation.
In A Zones, the lowest floor is the top surface of the lowest
floor of the lowest enclosed area (including basement). In V Zones
and Coastal A Zones, the bottom of the lowest horizontal structural
member of a building is the lowest floor. An unfinished or flood-resistant
enclosure, usable solely for the parking of vehicles, building access
or storage in an area other than a basement is not considered a building's
lowest floor, provided that such enclosure is not built so as to render
the structure in violation of other applicable nonelevation design
requirements of these regulations.
A structure that is transportable in one or more sections,
eight feet or more in width and greater than 400 square feet, built
on a permanent chassis, designed for use with or without a permanent
foundation when attached to the required utilities, and constructed
to the Federal Manufactured Home Construction and Safety Standards
and rules and regulations promulgated by the U.S. Department of Housing
and Urban Development. The term also includes mobile homes, park trailers,
travel trailers and similar transportable structures that are placed
on a site for 180 consecutive days or longer.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The price at which a property will change hands between a
willing buyer and a willing seller, neither party being under compulsion
to buy or sell and both having reasonable knowledge of relevant facts.
As used in these regulations, the term refers to the market value
of buildings and structures, excluding the land and other improvements
on the parcel. Market value shall be determined by one of the following
methods: 1) actual cash value (replacement cost depreciated for age
and quality of construction), 2) tax assessment value adjusted to
approximate market value by a factor provided by the property appraiser,
or 3) established by a qualified independent appraiser.
Structures for which the start of construction commenced
on or after the effective date of the first floodplain regulation
adopted by a community; includes any subsequent improvements to such
structures. New construction includes work determined to be a substantial
improvement.
Pursuant to ASCE 24, any building or structure or portion
thereof that is not classified as residential.
This term refers to types of work excluded from construction
permitting under N.J.A.C. 5:23 in the March 5, 2018, New Jersey Register.
Some of these types of work must be considered in determinations of
substantial improvement and substantial damage in regulated floodplains
under 44 CFR 59.1. These types of work include but are not limited
to replacements of roofing, siding, interior finishes, kitchen cabinets,
plumbing fixtures and piping, HVAC and air-conditioning equipment,
exhaust fans, built-in appliances, electrical wiring, etc. Improvements
necessary to correct existing violations of state or local health,
sanitation, or code enforcement officials which are the minimum necessary
to assure safe living conditions and improvements of historic structures
as discussed in 44 CFR 59.1 shall not be included in the determination
of ordinary maintenance and minor work.
A vehicle that is built on a single chassis, 400 square feet
or less when measured at the largest horizontal projection, designed
to be self-propelled or permanently towable by a light-duty truck,
and designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use. A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick-disconnect-type
utilities and security devices and has no permanently attached additions.
Pursuant to the ASCE 24:
Buildings and structures and portions thereof where people live
or that are used for sleeping purposes on a transient or nontransient
basis;
Structures including but not limited to one- and two-family
dwellings, townhouses, condominiums, multi-family dwellings, apartments,
congregate residences, boarding houses, lodging houses, rooming houses,
hotels, motels, apartment buildings, convents, monasteries, dormitories,
fraternity houses, sorority houses, vacation time-share properties;
and
Institutional facilities where people are cared for or live
on a twenty-four-hour basis in a supervised environment, including
but not limited to board and care facilities, assisted living facilities,
halfway houses, group homes, congregate care facilities, social rehabilitation
facilities, alcohol and drug centers, convalescent facilities, hospitals,
nursing homes, mental hospitals, detoxification facilities, prisons,
jails, reformatories, detention centers, correctional centers, and
prerelease centers.
The storage, treatment, utilization, processing or final
disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the
storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for
a period of greater than six months as specified in N.J.A.C. 7:26
which have been discharged, deposited, injected, dumped, spilled,
leaked, or placed into any land or water such that such solid waste
may enter the environment or be emitted into the air or discharged
into any waters, including groundwaters.
The greater of the following: 1) land in the floodplain within
a community subject to a 1% or greater chance of flooding in any given
year, shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-30, AE, A99,
or AH; 2) Land, and the space above that land, which lies below the
peak water surface elevation of the flood hazard area design flood
for a particular water, as determined using the methods set forth
in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13;
3) riparian buffers as determined in the New Jersey Flood Hazard Area
Control Act in N.J.A.C. 7:13. Also referred to as the "area of special
flood hazard."
The start of construction is as follows:
For other than new construction or substantial improvements,
under the Coastal Barrier Resources Act (CBRA),[2] this is the date the building permit was issued, provided
that the actual start of construction, repair, rehabilitation, addition,
placement or other improvement was within 180 days of the permit date.
The "actual start" means either the first placement of permanent construction
of a building on site, such as the pouring of a slab or footing, the
installation of piles, the construction of columns or any work beyond
the stage of excavation; or the placement of a manufactured (mobile)
home on a foundation. For a substantial improvement, "actual start
of construction" means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
For the purposes of determining whether proposed construction
must meet new requirements when National Flood Insurance Program (NFIP)
maps are issued or revised and base flood elevations (BFEs) increase
or zones change, the start of construction includes substantial improvement,
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement was within 180 days of the permit
date. The "actual start" means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation.
Permanent construction does not include land preparation, such
as clearing, grading, and filling, nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. Such development must also be permitted
and must meet new requirements when National Flood Insurance Program
(NFIP) maps are issued or revised and base flood elevations (BFEs)
increase or zones change.
For a substantial improvement, the "actual start of construction"
means the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
For determining if new construction and substantial improvements
within the Coastal Barrier Resources System (CBRS) can obtain flood
insurance, a different definition applies.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure taking place, the cost of which equals or exceeds 50%
of the market value of the structure before the start of construction
of the improvement. This term includes structures which have incurred
substantial damage, regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
The period of time prescribed by N.J.S.A. 40:49-5 in which
a property owner is afforded the opportunity to correct zoning and
solid waste disposal violations after a notice of violation pertaining
to this section has been issued.
Buildings and structures of an accessory character and miscellaneous
structures not classified in any special occupancy, as described in
ASCE 24.
A grant of relief from the requirements of this section which
permits construction in a manner otherwise prohibited by this section
where specific enforcement would result in unnecessary hardship.
A development that is not fully compliant with these regulations
or the flood provisions of the Building Code. A structure or other
development without the elevation certificate, other certifications,
or other evidence of compliance required in this section is presumed
to be in violation until such time as that documentation is provided.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
A river, creek, stream, channel, or other topographic feature
in, on, through, or over which water flows at least periodically.
Floodproofing method that relies on the use of flood-damage-resistant
materials and construction techniques in areas of a structure that
are below the local design flood elevation by intentionally allowing
them to flood. The application of wet floodproofing as a flood protection
technique under the National Flood Insurance Program (NFIP) is limited
to enclosures below elevated residential and nonresidential structures
and to accessory and agricultural structures that have been issued
variances by the community.
[2]
Editor's Note: See 16 U.S.C. § 3501 et seq.
J.
Subdivisions and other developments.
(1)
General. Any subdivision proposal, including proposals for manufactured
home parks and subdivisions, or other proposed new development in
a flood hazard area, shall be reviewed to assure that:
(a)
All such proposals are consistent with the need to minimize
flood damage.
(b)
All public utilities and facilities, such as sewer, gas, electric
and water systems, are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided to reduce exposure to flood hazards;
in Zones AH and AO, adequate drainage paths shall be provided to guide
floodwater around and away from structures.
(2)
Subdivision requirements. Where any portion of proposed subdivisions,
including manufactured home parks and subdivisions, lies within a
flood hazard area, the following shall be required:
(a)
The flood hazard area, including floodways, coastal high hazard
areas, and Coastal A Zones, and base flood elevations, as appropriate,
shall be delineated on tentative subdivision plats.
(b)
Residential building lots shall be provided with adequate buildable
area outside the floodway.
(c)
The design criteria for utilities and facilities set forth in
these regulations and appropriate codes shall be met.
K.
Site improvement.
(1)
Encroachment in floodways. Development, land-disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with Subsection E(3)(a) of these regulations that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If Subsection E(3)(a) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Subsection O(2) of this section and the floodway requirements of N.J.A.C. 7:13.
(3)
Sewer facilities. All new and replaced sanitary sewer facilities,
private sewage treatment plants (including all pumping stations and
collector systems) and on-site waste disposal systems shall be designed
in accordance with the New Jersey septic system regulations contained
in N.J.A.C. 7:14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C.
5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration
of floodwater into the facilities and discharge from the facilities
into floodwaters, or impairment of the facilities and systems.
(4)
Water facilities. All new and replacement water facilities shall
be designed in accordance with the New Jersey Safe Drinking Water
Act (N.J.A.C. 7:10) and the provisions of Chapter 7, ASCE 24, to minimize
or eliminate infiltration of floodwater into the systems.
(5)
Storm drainage. Storm drainage shall be designed to convey the flow
of surface waters to minimize or eliminate damage to persons or property.
(6)
Streets and sidewalks. Streets and sidewalks shall be designed to
minimize potential for increasing or aggravating flood levels.
(7)
Limitations on placement of fill. Subject to the limitations of these
regulations, fill shall be designed to be stable under conditions
of flooding, including rapid rise and rapid drawdown of floodwater,
prolonged inundation, and protection against flood-related erosion
and scour. In addition to these requirements, when intended to support
buildings and structures (Zone A only), fill shall comply with the
requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments
in flood hazard areas shall comply with the flood storage displacement
limitations of N.J.A.C. 7:13.
(8)
Hazardous materials. The placement or storage of any containers holding
hazardous substances in a flood hazard area is prohibited unless the
provisions of N.J.A.C. 7:13 which cover the placement of hazardous
substances and solid waste are met.
L.
Manufactured homes.
(1)
General. All manufactured homes installed in flood hazard areas shall
be installed pursuant to the Nationally Preemptive Manufactured Home
Construction and Safety Standards Program (24 CFR Part 3280).
(2)
Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in Subsection O(2).
(3)
Foundations. All new, relocated, and replacement manufactured homes,
including substantial improvement of existing manufactured homes,
shall be placed on permanent, reinforced foundations that are designed
in accordance with Section R322 of the Residential Code.
(4)
Anchoring. All new, relocated, and replacement manufactured homes
to be placed or substantially improved in a flood hazard area shall
be installed using methods and practices which minimize flood damage
and shall be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
(5)
Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Subsection O(2).
(6)
Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Subsection O(2) of these regulations.
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Subsection O(2), the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation, provided they conform to the provisions of NFPA 70 (National Electric Code).
M.
Recreational vehicles.
(1)
Placement prohibited. The placement of recreational vehicles shall
not be authorized in coastal high hazard areas and in floodways.
(2)
Temporary placement. Recreational vehicles in flood hazard areas
shall be fully licensed and ready for highway use and shall be placed
on a site for less than 180 consecutive days.
N.
Tanks.
(1)
Tanks. Underground and aboveground tanks shall be designed, constructed,
installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
O.
Other development and building work.
(1)
General requirements for other development and building work. All
development and building work, including man-made changes to improved
or unimproved real estate for which specific provisions are not specified
in these regulations or the Uniform Construction Code (N.J.A.C. 5:23),
shall:
(a)
Be located and constructed to minimize flood damage;
(b)
Meet the limitations of Subsection E(3)(a) of this section when located in a regulated floodway;
(c)
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the local design flood elevation determined according to Subsection B(3);
(d)
Be constructed of flood-damage-resistant materials as described
in ASCE 24, Chapter 5;
(e)
Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to Subsection B(3) or meet the requirements of ASCE 24, Chapter 7, which requires that attendant utilities are located above the local design flood elevation unless the attendant utilities and equipment are:
(f)
Not exceed the flood storage displacement limitations in fluvial
flood hazard areas in accordance with N.J.A.C. 7:13; and
(g)
Not exceed the impacts to frequency or depth of off-site flooding
as required by N.J.A.C. 7:13 in floodways.
(2)
Requirements for habitable buildings and structures.
(a)
Construction and elevation in A Zones, not including Coastal
A Zones.
[1]
No portion of a building is located within a V Zone.
[2]
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.
[3]
All new construction and substantial improvement of any habitable building (as defined in Subsection I) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in Subsection B(3), be in conformance with ASCE 24, Chapter 7, and be confirmed by an elevation certificate.
[4]
All new construction and substantial improvements of nonresidential
structures shall:
[a]
Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in Subsection B(3), be in conformance with ASCE 24, Chapter 7, and be confirmed by an elevation certificate; or
[b]
Together with the attendant utility and sanitary
facilities, be designed so that below the local design flood elevation,
the structure:
[i]
Meets the requirements of ASCE 24, Chapters 2 and
7; and
[ii]
Is constructed according to the design plans and
specifications provided at permit application and signed by a licensed
design professional, is certified by that individual in a floodproofing
certificate, and is confirmed by an elevation certificate.
[5]
All new construction and substantial improvements with fully
enclosed areas below the lowest floor shall be used solely for parking
of vehicles, building access, or storage in an area other than a basement
and which are subject to flooding. Enclosures shall:
[a]
For habitable structures, be situated at or above
the adjoining exterior grade along at least one entire exterior wall,
in order to provide positive drainage of the enclosed area in accordance
with N.J.A.C. 7:13; enclosures (including crawl spaces and basements)
which are below grade on all sides are prohibited;
[b]
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is nonresidential and the requirements of Subsection O(2)(a)[4][b] are met;
[c]
Be constructed to meet the requirements of ASCE
24, Chapter 2;
[d]
Have openings documented on an elevation certificate;
and
[e]
Have documentation that a deed restriction has
been obtained for the lot if the enclosure is greater than six feet
in height. This deed restriction shall be recorded in the office of
the County Clerk or the Registrar of Deeds and Mortgages in which
the building is located, shall conform to the requirements in N.J.A.C.
7:13, and shall be recorded within 90 days of receiving a Flood Hazard
Area Control Act permit or prior to the start of any site disturbance
(including preconstruction earth movement, removal of vegetation and
structures, or construction of the project), whichever is sooner.
Deed restrictions must explain and disclose that:
[i]
The enclosure is likely to be inundated by floodwaters
which may result in damage and/or inconvenience;
[ii]
The depth of flooding that the enclosure would
experience to the flood hazard area design flood elevation;
[iii]
The deed restriction prohibits habitation of
the enclosure and explains that converting the enclosure into a habitable
area may subject the property owner to enforcement.
(3)
Garages and accessory storage structures. Garages and accessory storage
structures shall be designed and constructed in accordance with the
Uniform Construction Code.
(4)
Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Subsection E(3)(a) of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain-link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Subsection G of this section.
(5)
Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Subsection E(3)(a) of these regulations and N.J.A.C. 7:13.
(6)
Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Subsection E(3)(a) of these regulations. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
(7)
Roads and watercourse crossings.
(a)
For any railroad, roadway, or parking area proposed in a flood
hazard area, the travel surface shall be constructed at least one
foot above the flood hazard area design elevation in accordance with
N.J.A.C. 7:13.
(b)
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of Subsection E(3)(a) of these regulations.
P.
Temporary structures and temporary storage.
(1)
Temporary structures. Temporary structures shall be erected for a
period of less than 180 days. Temporary structures shall be anchored
to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood. Fully enclosed temporary structures shall have
flood openings that are in accordance with ASCE 24 to allow for the
automatic entry and exit of floodwaters.
(2)
Temporary storage. Temporary storage includes storage of goods and
materials for a period of less than 180 days. Stored materials shall
not include hazardous materials.
Q.
Utility and Miscellaneous Group U.
(1)
In accordance with Section 312 of the International Building Code,
Utility and Miscellaneous Group U includes buildings and structures
that are accessory in character and miscellaneous structures not classified
in any specific occupancy in the Building Code, including, but not
limited to, agricultural buildings, aircraft hangars (accessory to
a one- or two-family residence), barns, carports, communication equipment
structures (gross floor area less than 1,500 square feet), fences
more than six feet (1,829 mm) high, grain silos (accessory to a residential
occupancy), livestock shelters, private garages, retaining walls,
sheds, stables, tanks and towers.
(2)
Flood loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in Subsection B(3).
(3)
Elevation. Utility and Miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in Subsection B(3) and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
(4)
Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with Subsection O(2) and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawl space having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
(5)
Flood-damage-resistant materials. Flood-damage-resistant materials shall be used below the local design flood elevation determined in Subsection B(3).
(6)
Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the local design flood elevation determined in Subsection B(3).
Exception: Electrical systems, equipment and components, and
heating, ventilating, air conditioning, and plumbing appliances, plumbing
fixtures, duct systems, and other service equipment shall be permitted
to be located below the local design flood elevation, provided that
they are designed and installed to prevent water from entering or
accumulating within the components and to resist hydrostatic and hydrodynamic
loads and stresses, including the effects of buoyancy, during the
occurrence of flooding to the local design flood elevation in compliance
with the flood-resistant construction requirements of ASCE 24. Electrical
wiring systems shall be permitted to be located below the local design
flood elevation, provided they conform to the provisions of NFPA 70
(National Electrical Code).
The following regulations shall apply in the
LC Land Conservation District:
A.
Permitted uses.
[Amended 5-19-1988 by Ord. No. 23-88; 12-14-1993 by Ord. No.
69-93; 1-25-2001 by Ord. No. 2001-1]
(1)
Single-family dwellings.
(2)
Federal, state, county and municipal buildings and
grounds.
(3)
Public and private golf courses but no other outdoor
recreation facility.
(4)
Temporary buildings for uses incidental to construction
work, provided that such buildings are removed upon completion or
abandonment of the construction work.
(5)
Commercial swimming pools and swimming clubs.
(6)
Cluster development. The reduction of lot size shall be permitted according to the following standards and the cluster provisions of § 220-41:
(a)
The minimum size of a tract or parcel of land
proposed for development under the cluster development provisions
of this section shall be 10 acres.
(b)
The maximum number of residential building lots
for each cluster development shall be computed on the basis of 0.185
lot per gross acre. If this calculation results in a remaining fraction
of a lot, the fraction shall be rounded to the nearest whole number.
(c)
Land area equal to a minimum of 40% of the gross
area of the proposed development shall not be included in lots but
shall be either offered to the Township of Marlboro as part of the
Municipal Zone and to be used in furtherance of the best interests
of the Township, which may include outdoor recreation facilities,
or set aside as common property and maintained by a homeowners' association.
Land utilized for street rights-of-way may be included in the above
40%. All streets within the development shall be offered to the Township.
(d)
The minimum lot requirements for a cluster development
shall be:
[1]
Lot size: 55,000 square feet.
[2]
Street frontage: 200 feet, except that a minimum
frontage of 150 feet may be allowed on lots where 75% or more of the
frontage is on an outside curve having a radius of less than 500 feet,
provided the resulting subdivision conforms to good subdivision design
practices.
[3]
Lot width: 200 feet.
[4]
Front yard: 75 feet.
[5]
Main building side yard: 40 feet; accessory
building or structure, 40 feet.
[6]
Main building rear yard: 50 feet; accessory building or structures: 40 feet. However, in those cases where the full length of the rear and/or side lot line is contiguous to a Township-owned greenway of at least 50 feet in depth and no portion of said rear or side line is within a perpendicular distance of 150 feet of a Township street right-of-way, an accessory building or structure may be located within 15 feet of the rear and/or side lot line meeting the aforementioned requirements. If a rear or side line setback of less than 40 feet is utilized, suitable landscaping shall be provided to shield the structure from the rear and side lot line direction, drainage shall be controlled so as not to cause flooding or erosion of adjacent property and site plan approval shall be requested. Under these conditions, the minimum required rear and side line setback requirements of § 220-179B shall be 15 feet.
(e)
The lands offered to the Township shall meet
the following requirements:
[1]
The minimum size of each parcel so dedicated
shall be four acres.
[2]
Every parcel of land so dedicated on a subdivision
plat of a cluster development shall be conveyed to the Township free
of any liens of any nature at the time final approval is granted to
the Township to the final subdivision plat, and each parcel so dedicated
shall have the following wording written on the plat in conformance
with the subdivision provisions: "Lands dedicated to the Township
of Marlboro for Township purposes under the cluster development provisions
of the Land Use Development and Regulations Ordinance of the Township
of Marlboro."
[3]
The land so dedicated shall be contiguous to
a minimum of 25% of the lots in the subdivision proposed for the cluster
development.
[4]
The lands so dedicated shall include, whenever
feasible, natural features such as streams, brooks, wooded areas,
steep slopes and other natural features of scenic and conservation
value. The developer may be required to plant trees or make other
similar landscaping improvements in order to qualify open land for
acceptance by the Township. Landscaping plans shall be prepared by
a professional landscaper or one who commonly prepares landscaping
plans. Each such person shall affix his name, title, address and signature
to such plans.
[5]
The lands so dedicated shall be subject to approval
by the Township Planning Board. The Board, in its review and evaluation
of the suitability of such land, shall be guided by the Master Plan
of the Township of Marlboro, by the ability to assemble and link such
lands to adjoining areas in order to form continuous bands of open
space and by the accessibility to potential utility of such lands.
[6]
The proposed roads within the cluster development
shall not interconnect with existing or proposed roads in a manner
forming continuous or through roads.
[7]
The proposed roads within the cluster development
shall be designed to discourage any high-speed or through traffic,
shall have the exclusive function of providing access to properties
abutting the road and shall follow the contours of the land to the
greatest extent possible.
[8]
The lands so dedicated shall be monumented at
all intersections with existing and proposed street lines in the same
manner as required by the Map Filing Law (N.J.S.A. 46:23-9.12, as
amended). All interior corners and changes in direction shall be marked
with concrete posts or equivalent, as approved by the Planning Board,
which are a minimum of five inches square or in diameter, are set
a minimum of four feet into the ground and extend above the ground
a minimum of four feet.
(f)
All other provisions of this chapter which are
applicable to lands in the LC District and which have not been specifically
modified in this subsection shall also apply to lands developed under
this section.
B.
C.
Area, yard and building requirements. The area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.
E.
Other provisions.
(1)
A minimum of 80% of the area of any lot utilized for
a single-family use in the Land Conservation District which is not
in a cluster development shall be left in its natural state. It shall
not be covered by any buildings, structures or paving materials. No
trees, shrubbery or ground cover shall be removed, nor shall the soil
or existing grade be altered, except that dead growth and debris may
be removed from the parcel.
[Amended 1-25-2001 by Ord. No. 2001-1]
(2)
A minimum of 80% of the area of any lot utilized for
a permitted use other than a single-family home shall be left in its
natural state unless otherwise authorized by the Planning Board during
site plan review.
H.
Golf course/open space residential community (GCOSRC).
[Added 5-24-1990 by Ord. No. 20-90;
amended 8-11-1994 by Ord. No. 20-94]
(1)
Permitted uses. The following shall be permitted uses
in a golf course/open space residential community:
(a)
Single-family dwellings.
(b)
Public and private golf courses.
(c)
Cluster development. Notwithstanding the provisions of § 220-47A(6), reduction of lot size shall be permitted according to the following standards and the cluster provisions of § 220-47A(6); provided, however, that wherever the following standards are inconsistent with any of the provisions of the Land Use and Development Regulations of the Township of Marlboro, constituting Chapter 220 of the Code of the Township of Marlboro, the standards set forth herein shall control:
[1]
The minimum gross acreage of a tract or parcel
of land proposed for development under the cluster development provisions
of this section, inclusive of the golf course or open space area,
shall be 300 contiguous acres. The maximum gross acreage under the
cluster development provision of this subsection, inclusive of the
golf course or open space area, shall be 450 contiguous acres.
[2]
The maximum number of residential building lots
for each cluster development shall be computed on the basis of 0.387
lot per gross acre of the entire tract for a golf course and on the
basis of 0.437 lot per gross acre of the entire tract for open space,
inclusive of the golf course or open space area, respectively.
[3]
The tract or parcel of land must be serviced
by either a sanitary sewer system or septic system. All single-family
dwellings and any clubhouse must be serviced by a municipal water
supply. Wells can be used to service the golf course as long as the
wells are metered and the total amount of water taken from all wells
does not exceed 5,000,000 gallons per twelve-month period. Water consumption
from any wells will be reported monthly to the Marlboro Township Clerk.
[4]
A minimum of 100 acres of land shall consist
of land to be developed and used as a golf course and its permitted
accessory uses or dedicated as open space. Said minimum land area
shall either not be included within residential lots but shall be
set aside and developed as a golf course and the permitted accessory
uses or set aside as open space or be included within the residential
lots but be subject to an easement restricting that portion of the
residential lots so included to be used and developed and maintained
as part of the golf course or open space, or any combination of the
foregoing; provided, however, at least 75 acres of said land shall
not be included in the residential lots.
[a]
Easements restricting portions
of the residential lots to use as a part of the golf course or open
space shall not affect more than 40% of any lot, and said easement(s)
shall be restricted in perpetuity to a conservation/open space use
or golf course use.
[b]
No fences or other obstructions shall be permitted in the easement area restricted as set forth in Subsection H(1)(c)[4][a] above.
[c]
Title to that portion of the tract
not within a residential lot shall remain restricted in perpetuity
to use as a golf course and its permitted accessory uses or as open
space and shall be separately taxed.
[d]
The golf course, clubhouse and
any accessory uses shall be restricted for the benefit of members
and guests.
[e]
Owners of lots in the subdivision
arising out of this subsection pursuant to which a golf course is
constructed shall, so long as they shall continue to be such owners,
have the right of membership in and use of the golf course upon fulfilling
the requirements of other users or members.
[f]
At the time of final approval of
the subdivision, a restrictive covenant, in form satisfactory to the
Planning Board, shall be recorded with the County Clerk, restricting
in perpetuity the use of the land intended for the golf course or
open space for such use and accessory uses only and prohibiting development
of the land in any other manner, and providing that the Township or
any other interested party shall have the right to enforce the restrictive
covenant, and providing that the owners of the residential lots created
pursuant to the subdivision, so long as they shall continue such ownership,
shall have the right of membership in any golf club created so long
as such owners shall fulfill the requirements of membership imposed
upon other members.
[5]
Land area equal to 40% of the gross area of
the proposed development shall not be included in lots but shall be
offered to the Township of Marlboro for Township purposes. Land utilized
for street rights-of-way may be included as part of the above 40%.
All streets within the development shall be offered to the Township.
[6]
As an alternative to complying with the requirements of Subsection H(1)(c)[5], which immediately precedes this subsection, and at the option of the developer, the developer shall donate and pay over to the Township for purposes of preserving the environment, fostering public recreational facilities and contributing to off-site transportation, the sum of $15,000 per proposed building lot, payable 5% at the time of preliminary approval and the balance on a pro rata basis at the time of the issuance of certificates of occupancy.
(2)
Bulk requirements for the golf course/open space residential
community.
(a)
Any golf course shall include and be serviced
by a main clubhouse containing not less than 15,000 square feet plus
20 square feet for each residential lot in the community in excess
of 50.
(b)
Any golf course shall provide for 18 holes with
a minimum of 6,500 yards and shall comply with the Professional Golf
Association (PGA) standards for a championship golf course. Only one
eighteen-hole golf course residential community shall be permitted
in any contiguous LC Zone.
(c)
Minimum lot dimensions, minimum required yard
area, building requirements and maximum percent of lot coverage for
the residential lots shall be as follows:
[1]
Lot area: a minimum of 40,000 square feet if
serviced by sanitary sewer facilities or a minimum of 55,000 square
feet if serviced by a septic system.
[2]
Lot frontage: a minimum of 225 feet for any
lot which accesses onto a preexisting street and a minimum of 160
feet for all other lots, except those lots which front on a cul-de-sac,
in which case the permitted lot frontage shall be 50 feet.
[3]
Lot width: a minimum of 225 feet for any lot
which accesses onto a preexisting street and minimum 160 feet for
all other lots.
[4]
Lot depth: a minimum of 200 feet.
[5]
Front yard setback: a minimum of 50 feet. Minimum
front yard setbacks shall be 75 feet on any lot that fronts on a preexisting
street or roadway.
[6]
Side yard setback: for principal buildings,
minimum 50 feet for any lot accessing onto a preexisting street and
minimum 40 feet for all other lots; for accessory buildings, a minimum
of 30 feet.
[7]
Rear yard setback: a minimum of 50 feet for principal buildings; a minimum of 25 feet for accessory buildings, in both cases, exclusive of any golf course easement allowed pursuant to § 220-47H(1)(c)[4][a] above.
[8]
Building height: a maximum of 35 feet for a
principal residential building and a maximum of 15 feet for other
accessory buildings.
[9]
Gross floor area: a minimum of 3,000 square
feet.
[10]
Ground floor area: a minimum of
1,500 square feet.
[11]
Lot coverage: a maximum impervious
lot coverage of 20%.
[12]
Pavement width: pavement width
for interior streets: 30 feet.
[13]
Clubhouse parking: a minimum of
one parking space for every three club memberships.
(3)
Permitted accessory uses.
(a)
Accessory uses for the single-family dwellings shall be all accessory uses permitted in the LC Land Conservation District under § 220-47B.
(b)
Accessory uses for any golf course property
shall be customary accessory uses and buildings which are clearly
incidental to the principal uses and buildings, including structures,
such as clubhouses, pro shop, locker rooms, practice range, putting
greens, tennis courts, swimming pools, lounges and dining facilities
incorporated within the main clubhouse and refreshment facilities
incorporated in the golf course which are incidental to and subordinate
to the operation of a golf course.
(4)
Contributions for off-tract improvements. As a condition of final subdivision and site plan approval, an applicant may be assessed in accordance with § 220-168 of this chapter.
(5)
Signs. Project entry and identification signs permitted per § 220-99 of this chapter are permitted.
(6)
Parking. Parking is permitted as provided in Subsection H(2)(c)[13] above and otherwise as per § 220-97 of this chapter.
(8)
Phasing. When a golf course is part of the project,
prior to the issuance of the first certificate of occupancy for a
residential unit in the golf course residential community, the first
nine holes of the golf course must be developed up through and including
being seeded. The first nine holes shall be completed and ready for
play within 12 months of the completion of the seeding. A clubhouse
facility, consisting of at least 7,500 square feet shall also be completed
prior to the issuance of the first certificate of occupancy for a
residential unit being issued. Construction of the second nine holes
of the golf course shall commence prior to the issuance of building
permits for any of the final 50% of the total number of residential
units approved as part of the golf course residential community. The
second nine holes of the golf course must be developed up through
and including being seeded and all other amenities required for the
golf course shall be completed prior to the issuance of a certificate
of occupancy for any of the final 50% of the total number of residential
units approved as part of the golf course residential community. The
second nine holes shall be completed and ready for play within 12
months of the completion of seeding. Certificates of occupancy of
no more than 90% of the proposed residential lots shall be issued
until all the golf course facilities, including all 18 holes, have
been installed and completed, and all buildings associated with the
golf course, including but not limited to the clubhouse, shall have
been completed and certificates of occupancy relating to them shall
have been issued.
The following regulations shall apply in the
R-80 Residential District:
C.
The area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.
D.
Uses requiring a conditional use permit, subject to the provisions of Article IV of this chapter.
(1)
Churches and places of worship.
(2)
Public utilities.
(3)
Hospitals, philanthropic or eleemosynary uses.
(4)
Quasi-public buildings and recreation areas.
(5)
Commercial swimming pools and swimming clubs.
(6)
Home professional offices and home occupations.
(7)
Corporate headquarters facilities and executive offices on parcels of land consisting of at least 50 acres and having frontage of at least 500 feet each on two arterial roadways as designated on the Circulation Plan of the Township of Marlboro Comprehensive Master Plan. Such facilities shall be in a comprehensively planned setting subject to the provisions of § 220-117. Specifically excluded are general commercial or professional office uses, light industrial and research uses and other similar uses.
[Added 6-17-1999 by Ord. No. 1999-11]
E.
Cluster development; reduced lot size development. In order to facilitate sound planning and to encourage coordinated community development, certain deviations from the requirements above may be permitted where appropriate conditions prevail and the standards and regulations of § 220-34D are met relative to the R-80 Residential District, as well as the cluster provisions of § 220-41.
F.
Golf Course Residential Community (GCRC).
[Added 6-8-1989 by Ord. No. 10-89[1]]
(1)
Permitted uses.
(a)
Single-family dwellings.
(b)
Private golf courses.
(c)
Cluster development. Notwithstanding the provisions of Subsection E of this section, reduction of lot size shall be permitted according to the following standards and the cluster provisions of § 220-41; provided, however, that wherever the following standards are inconsistent with the provisions of § 220-41, the standards set forth herein shall control:
[1]
The minimum size of a tract or parcel of land
proposed for development under the cluster development provisions
of this section, inclusive of the golf course area, shall be 100 acres.
[2]
The maximum number of residential building lots
for each cluster development shall be computed on the basis of 0.48
lot per gross acre, inclusive of golf course area and exclusive of
delineated floodplains and wetlands. If this calculation results in
a remaining fraction of a lot, the fraction should be rounded to the
nearest whole number.
[3]
The tract or parcel of land must be serviced
by municipal water supply and either a sanitary sewer system or septic
systems.
[4]
A minimum of 35 acres or a land area equal to
30% of the gross area of the proposed tract, whichever is greater,
shall consist of land to be developed and used as a golf course and
its permitted accessory uses. Said minimum land area shall either
not be included within residential lots or be included within the
residential lots but subject to an easement restricting that portion
of the residential lot so included to be used, developed and maintained
as part of the golf course by a homeowners' association, or a combination
of both.
[a]
Easements restricting portions
of the residential lots to use as a part of the golf course shall
not affect more than 40% of any lot, and said easement(s) shall be
restricted in perpetuity to a conservation/open space use or golf
course use.
[b]
No fences shall be permitted in the area restricted as set forth in Subsection F(1)(c)[4][a] above.
[c]
Title to that portion of the tract
not within a residential lot shall remain restricted in perpetuity
to use as open space, utilized for common passive recreation and accessory
uses and maintained by a homeowners' association.
[d]
The clubhouse and any accessory
uses shall be restricted for the benefit of members and guests. In
no event shall a public restaurant be permitted.
[5]
All homeowners' association governing documents,
legal instruments, plans and/or maps creating and establishing restrictive
covenants, open space requirements and easements shall be submitted
for review and approval to the Planning Board at final approval. Prior
to perfection of the application for development, the applicant shall
produce evidence that no interest or liens of third parties are existing
or have been created which affect the common area and are superior
to the rights of the homeowners' association.
[6]
The homeowners' association shall consist of
the fee simple owners of each of the residential lots created as part
of the development. Title to that portion of the tract not within
a residential lot shall be owned by the homeowners' association and
may be leased and operated as a golf club which is self-sustaining
based upon membership fees, dues, greens fees or other charges normally
incident to such facilities.
[7]
The golf course shall include and be serviced
by a clubhouse containing not less than 7,500 square feet plus 20
square feet for each residential lot in the community in excess of
50.
[8]
The golf course shall provide for 18 holes with
a minimum of 3,400 yards. No building permits shall be issued for
more than 20 houses until the full 18 holes have been constructed.
[9]
Minimum lot dimensions, minimum required yard
area, building requirements and maximum percent of lot coverage for
the residential lots shall be as follows:
[a]
Lot area: minimum 55,000 square
feet.
[b]
Lot frontage: minimum 225 feet
for any lot fronting on a preexisting street and minimum 130 feet
for all other lots.
[c]
Lot width: minimum 225 feet for
any lot fronting on a preexisting street and minimum 130 feet for
all other lots.
[d]
Lot depth: minimum 200 feet.
[e]
Front yard setback: minimum 50
feet.
[f]
Side yard setback: for principal
buildings, minimum 50 feet for any lot fronting on a preexisting street
and minimum 25 feet for all other lots; for accessory buildings, minimum
20 feet.
[g]
Rear yard setback: minimum 50 feet
for principal building; minimum 25 feet for accessory building.
[h]
Building height: maximum 35 feet
principal building and clubhouse; maximum 15 feet for other accessory
buildings.
[i]
Gross floor area: minimum 2,000
square feet.
[j]
Ground floor area: minimum 1,500
square feet.
[k]
Lot coverage: maximum 20%.
[l]
Pavement width: minimum pavement
width for interior streets 30 feet.
[10]
Clubhouse parking. One parking
space shall be provided for every three club members.
(2)
Permitted accessory uses.
(b)
Other customary accessory uses and buildings
which are clearly incidental to the principal uses and buildings,
including structures, such as a clubhouse, tennis courts, lounges
and dining and refreshment facilities, which are incidental to and
subordinate to the operation of a golf course.
The following regulations shall apply in the R-60 and R-60/40 Residential Districts, except that in the R-60/40 District the cluster option shall be permitted only to the 40,000 square feet lot provisions of § 220-34D.
C.
The area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter. Maximum percentage of lot coverage shall be 20%.
[Amended 9-6-2012 by Ord. No. 2012-22]
D.
Uses requiring a conditional use permit, subject to the provisions of Article IV of this chapter.
E.
Cluster development. In order to facilitate sound planning and to encourage coordinated community development, certain deviations from the requirements above may be permitted where appropriate conditions prevail and the standards and regulations of § 220-34D are met relative to the R-60 Residential Zone, as well as the cluster provisions of § 220-41.
[Added 2-16-1989 by Ord. No. 1-89]
The following regulations shall apply in the
R-40/30 Residential District:
C.
The area, yard and building requirements are as specified
for this zone in the consent order for final judgment of the Mount
Laurel II litigation Docket No. L-039596-84 and final copy revised
December 18, 1985, or as approved by the Planning Board as part of
the final approval granted to development projects in this zone. Additional
area, yard and building requirements are as follows:
[Amended 6-27-1996 by Ord. No. 25-96]
D.
Uses requiring a conditional use permit, subject to the provisions of Article IV of this chapter.
H.
For residential developments in the R-40/30 Residential District which are located on properties that are not included within the consent order identified in Subsection C above (the "consent order"), a development fee as described below rather than the payment of $1,500 per unit required as part of the consent order shall be exacted for deposit into the Township's Housing Trust Fund created under Article III of Chapter 70 of the Code of the Township of Marlboro. The development fee imposed shall be 1/2 of 1% of the equalized assessed value on the number of units that could be realized in accordance with R-80 Residential District density requirements (0.43 lot per gross acre) and 6% of the equalized assessed value on the incremental units over and above 0.43 lot per gross acre obtained through conformance with R-40/30 criteria.
[Added 4-27-1995 by Ord. No. 20-95;
amended 11-12-1998 by Ord. No. 25-98]
[Added 2-23-1995 by Ord. No. 1-95]
The following regulations shall apply in the
R-60/15 District:
A.
Permitted uses.
(1)
Single-family dwellings in a cluster development as defined in Subsection A(4) of this section, provided that public water supply and a sanitary sewage collection system are provided and connected to an existing regional wastewater treatment plant and the affordable housing criteria described in Subsection A(6) are complied with.
(2)
Single-family dwellings in a noncluster development as defined in Subsection A(5) of this section, whether or not the tract of land in question meets the minimum size requirements provided in such subsection.
(3)
Temporary buildings for uses incidental to construction
work, provided that such buildings are removed upon completion or
abandonment of the construction work.
(4)
Cluster development shall be in accordance with the following standards and the cluster provisions of § 220-41, where such provisions are consistent with this section:
(a)
The minimum size of a tract or parcel of land
proposed for development under the cluster development provisions
of this section shall be 25 acres.
(b)
The maximum number of residential building lots
for each cluster development shall be computed on the basis of one
lot per gross acre (one x gross acres equals number of permitted lots).
If this calculation results in a remaining fraction of a lot, the
fraction shall be rounded to the nearest whole number.
(c)
Land area not included in lots shall be either
offered to the Township of Marlboro for greenways or open space as
part of the municipal zone and to be used in furtherance of the best
interests of the Township, which may include outdoor recreation facilities,
or set aside as common property and maintained by a homeowners' association.
(d)
The minimum lot requirements for a cluster development
shall be:
[1]
Lot size: 15,000 square feet.
[2]
Street frontage: 100 feet for interior lots
and 125 feet for corner lots.
[3]
Lot width: 100 feet for interior lots and 125
feet for corner lots.
[4]
Lot depth: 150 feet.
[5]
Principal building front yard: 30 feet.
[6]
Principal building side yard: 10 feet; accessory
building or structure: 10 feet.
[7]
Principal building rear yard: 20 feet; accessory
building or structure: 10 feet.
[8]
Maximum building height shall be 35 feet for
principal building and 15 feet for accessory building.
[9]
Maximum percentage of lot coverage shall be
32%.
[10]
Minimum gross floor area shall
be 1,500 square feet.
[11]
Minimum ground floor area shall
be 1,000 square feet.
(5)
If a tract of land fails to meet the minimum size requirements for a cluster development as described in Subsection A(4)(a) of this section, the minimum lot requirements shall be those of the R-60 Residential District, with a maximum allowable density of 0.58 lot per gross acre.
(6)
For cluster development in the R-60/15 District, a development fee shall be exacted for deposit into the Township's Housing Trust Fund created under Article III of Chapter 70 of the Code of the Township of Marlboro. The development fee imposed shall be 1/2 of 1% of the equalized assessed value on the number of units that could be realized in accordance with R-60 Residential District density requirements (0.58 lot per gross acre) and 6% of the equalized assessed value on the incremental units over and above 0.58 lot per gross acre obtained through conformance with R-60/15 cluster criteria.
[Amended 11-12-1998 by Ord. No. 25-98]
B.
[Added 5-14-1998 by Ord. No. 9-98]
The following regulations shall apply in the
R-40AH Residential District:
B.
The minimum lot requirements shall be:
(1)
The minimum lot size shall be 40,000 square feet.
(2)
Minimum lot dimension requirements shall be those of the R-60/40 Residential District as set forth in § 220-34D, Table II, of this chapter.[1] Maximum percentage of lot coverage shall be 20%.
[Amended 9-6-2012 by Ord. No. 2012-22]
[1]
Editor's Note: Table II, the Schedule of Area, Yard and Building Requirements: Cluster Provisions, is included as an attachment to this chapter.
The following regulations shall apply in the
R-40GAH Residential District:
A.
Permitted uses.
B.
Affordable housing provisions. There shall be an obligation
to contribute $6,990 per unit to the Township's Affordable Housing
Trust Fund. Upon the issuance of a building permit for a residential
unit set forth above, 50% of the per-unit affordable housing payment
shall be paid by the developer. The remaining 50% of the per-unit
affordable housing payment shall be made upon issuance of a certificate
of occupancy.
C.
The minimum lot requirements shall be:
(1)
The minimum lot size shall be 40,000 square feet.
(2)
Minimum lot dimension requirements shall be those of the R-60/30 Residential District as contained in § 220-34D, Table II, of this chapter, except that the minimum lot frontage may be reduced to 100 feet where warranted.[1] Maximum percentage of lot coverage shall be 20%.
[Amended 9-6-2012 by Ord. No. 2012-22]
[1]
Editor's Note: Table II, the Schedule of Area, Yard and Building Requirements: Cluster Provisions, is included as an attachment to this chapter.
[Amended 5-13-1999 by Ord. No. 1999-12]
The following regulations shall apply in the R-30 and R-30/20 Residential Districts, except that in the R-30/20 District the cluster option shall be permitted in accordance with the twenty-thousand-square-feet lot provisions of § 220-34D, Table II:[1]
C.
The area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.
D.
Uses requiring a conditional use permit, subject to the provisions of Article IV of this chapter.
E.
Cluster development. In order to facilitate sound planning and to encourage coordinated community development, certain deviations from the requirements above may be permitted where appropriate conditions prevail and the standards and regulations of § 220-34D are met relative to the R-30 Residential Zone, as well as the cluster provisions of § 220-41.
[1]
Editor's Note: Table II, the Schedule of Area, Yard and Building Requirements: Cluster Provisions, is included as an attachment to this chapter.
[Added 2-16-1989 by Ord. No. 1-89]
The following regulations shall apply to the
R-25 Residential District:
The following regulations shall apply in the
R-20 Residential District:
[Added 2-16-1989 by Ord. No. 1-89]
The following regulations shall apply to the
R-1.5 Residential District:
C.
The area, yard and building requirements are as specified
for this zone in the consent order for final judgment of the Mount
Laurel II litigation Docket No. L-039596-84 and final copy revised
December 18, 1985.
[Added 4-25-1996 by Ord. No. 12-96]
The following regulations shall apply in the
R-20/15 Residential District:
A.
Permitted uses.
(1)
Single-family dwellings in a noncluster development.
Construction of single-family dwellings in a noncluster development
shall be in accordance with the following standards:
(a)
The maximum number of residential building lots
for each noncluster development shall be computed on the basis of
1.74 lots per gross acre (1.74 times gross acres equals the number
of permitted lots). If this calculation results in a remaining fraction
of a lot, the fraction shall be rounded down to the nearest whole
number.
(b)
The minimum lot requirements for a noncluster
development shall be:
[1]
Lot size: 20,000 square feet.
[2]
Street frontage: 100 feet for interior lots
and 150 feet for corner lots.
[3]
Lot width: 100 feet for interior lots and 150
feet for corner lots.
[4]
Lot depth: 150 feet.
[5]
Principal building front yard: 40 feet.
[6]
Principal building side yard: 10 feet; accessory
building or structure: 10 feet.
[7]
Principal building rear yard: 40 feet; accessory
building or structure: 20 feet.
[8]
Maximum building height shall be 35 feet for
principal building and 15 feet for accessory building.
[9]
Maximum percentage of lot coverage: 28%.
[10]
Minimum gross floor area: 1,500
square feet.
[11]
Minimum ground floor area: 1,000
square feet.
(2)
Single-family dwellings in a cluster development. Construction of single-family dwellings in a cluster development shall be in accordance with the following standards and the cluster provisions of § 220-41, where such provisions are consistent with this section:
(a)
The maximum number of residential building lots
for each cluster development shall be computed on the basis of 1.74
lots per gross acre (1.74 times gross acres equals the number of permitted
lots). If this calculation results in a remaining fraction of a lot,
the fraction shall be rounded down to the nearest whole number.
(b)
Land area equal to a minimum of 25% of the gross
area of the proposed development shall not be included in lots but
shall be either:
[1]
Offered to the Township of Marlboro for greenways
or open space as part of the municipal zone and to be used in furtherance
of the best interests of the Township, which may include outdoor recreation
facilities; or
[2]
Set aside as common property and maintained
by a homeowners' association as open space.
(c)
Detention/retention basins may not be located
in the 25% of the gross area of the tract which is to be designated
as open space, whether this open space be dedicated to the Township
of Marlboro or maintained by a homeowners' association.
(d)
The provisions of §§ 220-41C(1), 220-41D(1) and 220-41D(2) of this chapter shall not apply to the R-20/15 Residential District.
(e)
The minimum lot requirements for a cluster development
shall be:
[1]
Lot size: 15,000 square feet.
[2]
Street frontage: 100 feet for interior lots
and 125 feet for corner lots.
[3]
Lot width: 100 feet for interior lots and 125
feet for corner lots.
[4]
Lot depth: 150 feet.
[5]
Principal building front yard: 30 feet.
[6]
Principal building side yard: 10 feet; accessory
building or structure: 10 feet.
[7]
Principal building rear yard: 20 feet; accessory
building or structure: 10 feet.
[8]
Maximum building height: 35 feet for principal
building and 15 feet for accessory building.
[9]
Maximum percentage of lot coverage: 32%.
[10]
Minimum gross floor area: 1,500
square feet.
[11]
Minimum ground floor area: 1,000
square feet.
The following regulations shall apply in the
R-20AH-1 Residential District:
B.
Affordable housing provisions. There shall be an obligation
to contribute $4,510 per unit to the Township's Affordable Housing
Trust Fund. Upon the issuance of a building permit for a residential
unit set forth above, 50% of the per-unit affordable housing payment
shall be paid by the developer. The remaining 50% of the per unit
affordable housing payment shall be made upon issuance of a certificate
of occupancy.
C.
The minimum lot requirements shall be:
(1)
The average lot size shall be a minimum of 20,000
square feet when averaged for all residential lots with dwellings
resulting from subdivision of a given tract, provided however, that
no lot shall be less than 15,000 square feet.
(2)
Minimum lot dimension requirements shall generally be those for the R-20 Residential District as contained in § 220-34D of this chapter. Any lots of 15,000 square feet which are proposed shall comply with the minimum lot dimension requirements as contained in § 220-58A(2)(e) of this chapter.
The following regulations shall apply in the
R-20AH-2 Residential District:
B.
Affordable housing provisions. There shall be an obligation
to contribute $4,400 per unit to the Township's Affordable Housing
Trust Fund. Upon the issuance of a building permit for a residential
unit set forth above, 50% of the per-unit affordable housing payment
shall be paid by the developer. The remaining 50% of the per-unit
affordable housing payment shall be made upon issuance of a certificate
of occupancy.
[Added 12-3-1998 by Ord. No. 13-98]
The following regulation shall apply in the
R-10AH Residential District:
B.
Affordable housing provisions. There shall be an obligation
to contribute $572,000 to the Township's Affordable Housing Trust
Fund. The amount of contribution per unit shall be established at
the time of final subdivision approval when the number of units to
be realized is determined and approved. The sum of $572,000 shall
be divided equally among the total number of units approved. Upon
the issuance of a building permit for a residential unit set forth
above, 50% of the per-unit affordable housing payment shall be paid
by the developer. The remaining 50% of the per-unit affordable housing
payment shall be made upon issuance of a certificate of occupancy.
C.
The minimum lot requirements shall be:
(1)
The lot size shall be a minimum of 10,000 square feet.
(2)
Minimum lot width, interior lots: 90 feet; minimum
lot width, corner lots: 100 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum lot frontage, interior lots: 90 feet; minimum
lot frontage, corner lots: 100 feet.
(5)
Minimum front yard setback: 30 feet.
(6)
Minimum side yard setback: 10 feet.
(7)
Minimum rear yard setback: 30 feet for principal buildings
and 20 feet for accessory buildings.
(8)
Maximum building height: 30 feet for principal buildings
and 15 feet for accessory buildings.
(9)
Maximum lot coverage: 32%.
(10)
Minimum gross habitable floor area: 1,000 square
feet.
(11)
Minimum ground floor area of principal building:
750 square feet, excluding areas of attached accessory buildings such
as garages.
The following regulations shall apply in the
FRD Flexible Residential District:
C.
Minimum land area: 40 contiguous acres.
D.
To this end, land within this district shall be subdivided
and developed in accordance with the following schedule:
(1)
No more than 30% of the gross area of the district
in its entirety may be subdivided and developed with single-family
dwellings at a density of 10,000 square feet per lot.
(2)
No more than 70% of the gross acreage of the district
in its entirety may be subdivided and developed with single-family
dwellings at a density of 1.16 to the acre.
F.
Buffer area. There shall be provided a densely landscaped
buffer area of no less than 30 feet nor more than 60 feet in width
between any development constructed in this district and any adjacent
district. The buffer area between such district and any nonresidential
district shall be 30 feet within this zone. No required rear, front
or side yards may be contained in such buffer area. However, the buffer
area may contain land set aside as common open space, provided that
no recreational facilities other than walkways, trails or similar
facilities as approved by the Planning Board are included therein.
No off-street parking shall be provided in the buffer area herein
required.
G.
Schedule of minimum requirements for single-family
dwellings at a density of 10,000 square feet per lot.
(1)
Minimum lot area: 10,000 square feet.
(2)
Minimum lot width, interior lots: 75 feet; minimum
lot width, corner lots: 100 feet.
[Amended 6-24-1993 by Ord. No. 33-93]
(3)
Minimum lot depth: 100 feet.
(4)
Minimum lot frontage, interior lots: 75 feet; minimum
lot frontage, corner lots: 100 feet.
[Amended 6-24-1993 by Ord. No. 33-93]
(5)
Minimum front yard setback: 30 feet.
(6)
Minimum side yard setback: 10 feet.
(7)
Minimum rear yard setback: 30 feet for principal buildings
and 20 feet for accessory buildings.
(8)
Maximum building height: 30 feet for principal buildings
and 15 feet for accessory buildings.
(9)
Maximum lot coverage: 28%.
[Amended 10-22-1992 by Ord. No. 37-92]
(10)
Minimum gross habitable floor area: 1,000 square
feet.
(11)
Minimum ground floor area of principal building:
750 square feet, excluding areas of attached accessory buildings such
as garages.
The following regulations shall apply in the
FSC Flexible Senior Citizen District:
The following regulations shall apply in the
RSC Senior Citizen Residential District:
A.
Permitted uses.
B.
Dwelling construction controls.
(1)
With regard to any single-family detached dwelling
that is constructed in this district, the following regulations and
provisions shall be applicable:
(a)
Minimum lot area: 7,500 square feet.
(b)
Minimum lot width, interior lots: 75 feet; minimum
lot width, corner lots: 85 feet.
[Amended 6-24-1993 by Ord. No. 33-93]
(c)
Minimum lot depth: 100 feet.
(d)
Minimum lot frontage, interior lots: 75 feet;
minimum lot frontage, corner lots: 85 feet.
[Amended 6-24-1993 by Ord. No. 33-93]
(e)
Minimum front yard setback: 25 feet.
[Amended 6-24-1993 by Ord. No. 33-93]
(f)
Minimum side yard setback: 10 feet.
(g)
Minimum rear yard setback: 30 feet for principal
buildings and 20 feet for accessory buildings.
(h)
Maximum building height: 35 feet for principal
buildings and 15 feet for accessory buildings.
(i)
Maximum lot coverage: 32%.
[Amended 7-16-1992 by Ord. No. 20-92]
(j)
Minimum gross habitable floor area: 1,000 square
feet.
(k)
Minimum ground floor area for principal building:
750 square feet, excluding areas of attached accessory buildings such
as garages.
(2)
With regard to any townhouse development that is constructed in this district, the regulations and provisions contained in § 220-66B(1) through (29) inclusive shall be applicable.
D.
Buffer area. There shall be provided a densely landscaped
buffer area of no less than 60 feet in width between any development
constructed in this district and any adjacent residential district.
No required rear, front or side yards may be contained in such buffer
area. However, this buffer area may contain land set aside as common
open space, provided that no recreation facilities other than walkways,
nature trails or similar facilities as approved by the Planning Board
are included therein. No off-street parking shall be provided in the
buffer area herein required.
[Added 12-13-1990 by Ord. No. 63-90;
amended 1-24-1991 by Ord. No. 64-90; 7-16-1992 by Ord. No. 20-92; 1-24-1991 by Ord. No.
64-90; 6-24-1993 by Ord. No. 33-93; 3-24-1994 by Ord. No. 6-94; 5-11-2000 by Ord. No. 2000-6; 9-8-2005 by Ord. No. 2005-31]
The following regulations shall apply in the
RSCS Senior Citizen Residential District:
A.
Permitted uses.
(1)
Housing accommodations for senior citizens as defined under § 220-4B and as set forth under § 220-64B(1) and (2). However, the minimum gross acreage of a tract or parcel of land proposed for the development as a senior citizen project must be 40 contiguous acres. This requirement shall only pertain to senior citizen projects and not to other permitted uses in this zone. The acreage allotments specified in this section shall only apply to contiguous tracts or parcels located within this zone; no developer shall be permitted to satisfy the acreage requirements by combining two or more noncontiguous tracts or parcels. For the purposes of this subsection, two tracts or parcels of land shall be noncontiguous if they are separated by a public roadway or street.
(a)
The proposed project must be serviced by a public
sewer and water utility system.
(2)
Those tracts or parcels of less than 40 contiguous acres may be developed as a senior citizen project in accordance with § 220-64B(1) and (2), provided that they contain a minimum gross acreage of 10 acres. In addition, the minimum lot area shall be 10,000 square feet under this provision.
(a)
The proposed project must be serviced by a public
sewer and water utility system.
(3)
All existing conforming uses of the prior zoning district,
namely, the R-60 Residential District or the LC Land Conservation
District, at the time of passage of this section.
B.
C.
Senior citizen light-care centers. Recognizing the
need for senior citizen housing which provides more comprehensive
facilities for senior citizens who require a more organized program
of support services as an alternative to planned retirement communities,
senior citizen light-care centers are permitted in the RSCS Zone subject
to the following conditions:
(1)
Definition of a senior citizen light-care center.
A "senior citizen light-care center," hereinafter referred to as an
"LCC," is defined as an undivided parcel of land having a contiguous
total acreage of at least 25 acres and developed as an integrated
system of congregate housing units supported by common management
or control through which support functions such as recreation, entertainment,
meals, linen and cleaning services and other types of services are
provided and made available to the permanent residents of the LCC.
Ownership of the residential units may be in any form recognized under
the laws of the State of New Jersey.
(2)
Uses required and permitted.
(a)
Attached single-family dwelling units within
the same building, hereinafter referred to as a multiple dwelling,
but no more than 16 such units in any one building; and/or
(b)
Senior citizen recreational and cultural facilities
for the sole use of the residents of the LCC and their guests, including
the following: recreation building, including common dining facilities,
infirmary facility and commercial convenience center (the "recreation
building"), shuffleboard courts and active and passive recreation
area. Recreational and cultural facilities shall not be limited to
the foregoing, so that an applicant may propose additional facilities
with its submission for a conditional use permit. All such facilities
shall be subordinated to the residential character of the area.
(3)
Age of residents. The permanent residents of said
LCC shall be restricted to residents who are at least 55 years of
age or over or, in the case of a family unit, at least one of whom
is 55 years of age or over; provided, however, that no child 19 years
of age or under may reside with an occupant.
(4)
Design criteria.
(a)
Minimum tract size: 25 acres.
(b)
The maximum density for an LCC shall be eight
units per gross acre; provided, however, that there shall be aggregate
open space maintained by an LCC of not less than 50% of the gross
area of the tract on which the LCC is developed.
(c)
Minimum setback distance: 75 feet from all existing
state and county major arterial roads.
(f)
For purposes of this section, the term "private
street" shall mean any internal street designed and installed as part
of the LCC whose purpose is to provide access between buildings and
facilities of the LCC and ingress and egress to and from the LCC,
which streets shall be owned and maintained by the owner and management
of the LCC and not be dedicated to public use. All internal streets
of the LCC shall be private streets.
(g)
Minimum width of any LCC unit: 16 feet.
(h)
Minimum floor area per unit: 400 square feet.
Any unit comprised of 600 square feet or less shall be limited to
one permanent resident; provided, however, that not more than 25%
of the total number of units approved in an LCC shall be comprised
of less than 600 square feet of floor area.
(i)
Maximum floor area per unit: 1,200 square feet.
(j)
Maximum building height: 35 feet.
(k)
Maximum number of stories: 2 1/2. If two
stories are proposed, the buildings comprising the LCC shall contain
full-service elevators and be of barrier-free design.
(l)
Minimum number of units per building: eight.
(m)
Maximum number of units per building: 16.
(n)
The minimum distances between buildings shall
be as follows:
(o)
No exterior wall of any multifamily building
shall contain more than 60 feet in one linear plane.
(p)
No portion of any unit shall be lower than the
outside finished grade. No depressed siting shall be permitted.
(q)
All areas of an LCC not used for the construction
of buildings, roads, accessways, parking areas or sidewalks shall
be either landscaped, grassed or left with natural vegetation preexisting
development at the site.
(r)
The LCC shall be serviced by a central water
system and central sanitary sewage system approved by the Marlboro
Township Municipal Utilities Authority.[1]
(s)
Buffer areas for an LCC shall be provided as
follows:
[1]
There shall be provided a fifty-foot buffer
area when the LCC abuts a nonresidential zone or use or a state highway.
This fifty-foot buffer area shall not be used in computing any setbacks
but may be used for the drainage system of LCC.
[2]
There shall be provided a thirty-foot buffer
area when the LCC abuts a residential zone or use or a county or municipal
arterial road. This thirty-foot buffer area may be used in computing
required setbacks.
(t)
All on-site and off-site drainage shall be provided
for in accordance with the Township Master Storm Drainage Plan and
applicable Township ordinances pertaining to subdivision of lands.
(u)
The primary or main entrance to the LCC shall
be located on a major arterial road.
(v)
All identification signs, entrance signs and
traffic control signs shall be designed to be aesthetically compatible
with the design of the LCC and shall be shown on the site plan submitted
to the Planning Board.
(w)
The LCC shall include a system of walking trails
of an aggregate linear length of not less than 2,000 feet and shall
be cleared and graded to facilitate pedestrian passage by elderly
persons.
(x)
The LCC shall provide for security guard service,
smoke and fire alarms, and an emergency signaling system to which
all units are connected to a central monitoring location.
(5)
Recreation building. The recreation building shall
contain provisions for the following:
(a)
An area of not less than 150 square feet which
shall be used as a commercial convenience center for the exclusive
benefit of the residents of the LCC for purchase of personal hygiene
aids, sundries and reading materials.
(b)
All-purpose rooms (exclusive of areas set aside
for dining) which in the aggregate shall comprise not less than three
square feet per unit contained in the LCC.
(c)
Dining areas and facilities sized to accommodate
not less than 1/3 of the total number of residents of the LCC at one
time utilizing an area ratio of not less than 10 square feet per person.
(d)
An area of not less than 200 square feet which
shall be used as an infirmary for the benefit of the residents of
the LCC for dispensing nonprescription medicines and oxygen and providing
emergency services and shall be staffed by a licensed practical nurse.
(e)
A storage area adequately sized for storage
of maintenance equipment and supplies necessary for the operation
and maintenance of the LCC. If more than one storage area is proposed
to be provided, any additional storage areas may be located within
the LCC other than in the recreation building.
(f)
The recreation building shall have a separate
parking area with a capacity equal to one vehicle for every eight
units in the LCC; provided, however, that the requirement may be waived
by the approving agency where the applicant proposes, as part of the
LCC, to provide an adequate system of covered walkways and internal
transportation between residential buildings and the recreation building.
(g)
The recreation building may be constructed in
stages, provided that:
(h)
In the event that a unit-owners' association
is created by the owner of the LCC for the management and operation
of the LCC, the recreation building and any other recreational facilities
shall be conveyed to such association, upon commencement of management
and operation of the LCC by said association.
(6)
Off-street parking requirements.
(a)
There shall be one parking space provided for
every unit in an LCC for residential parking.
(b)
In addition to the residential parking provided pursuant to Subsection C(5), there shall be one parking space provided for every three units in an LCC for guest and employee parking.
(c)
Off-street parking areas shall be provided on the site sufficient to provide storage or parking for the number of vehicles required pursuant to Subsection C(5) and shall be developed and maintained in accordance with the following:
[1]
Parking areas shall be used for automobile parking
only with no sale of automobiles, dead storage of automobiles, repair
work, dismantling or services of any kind.
[2]
Parking areas shall be paved and provided with
an adequate system of stormwater drainage.
[3]
No off-street parking areas shall be located
nearer than 25 feet from any adjoining property line.
(7)
Landscaping and buffer requirements. All areas of
an LCC not used for the construction of buildings, recreation facilities,
roads, accessways, drainage or detention facilities, parking areas
or sidewalks shall be landscaped, grassed or left with natural vegetation.
Where an LCC boundary line abuts a lot in a residential zone, which
lot is not owned by the developer, there shall not be cut, uprooted,
destroyed or taken away any existing trees, shrubbery or other planting
within the area of 25 feet inside the boundary line of the LCC abutting
a residential lot, except where necessary to provide a minimum cleared
area of 10 feet from any building in the LCC. If no adequate trees,
shrubs or planting exist in the twenty-five-foot area in the natural
state of the site before development, the area shall be provided with
an adequate approved planting plan to provide a belt of screening
within the twenty-five-foot area consisting of at least a double row
of staggered evergreens, five feet on center and at least four feet
in height.
(8)
Document submission. In conjunction with any application for a site plan approval for an LCC pursuant to this section, the applicant shall submit a copy of the proposed declaration of restrictive and protective covenants implementing the provisions of § 220-65 of this chapter to be recorded by the applicant as an encumbrance upon the site of the LCC to the Planning Board for review.
(9)
No municipal responsibility for operations. Neither the provisions of this § 220-65, nor the granting of a conditional use permit, subdivision or site plan approval for an LCC shall be deemed to render the Township liable or responsible for the interpretation or enforcement of any agreement between the applicant, owner or operator of an LCC and any resident(s) thereof; or the review, supervision or control of the operation of an LCC or any phase thereof; nor the supplying of any services of any kind involving utilities; except that the Township shall retain the right to enforce terms and provisions of this chapter and any other ordinances of the Township of Marlboro having jurisdiction thereover.
(10)
Emergency services review. As part of the application
for a conditional use permit for an LCC under this section, the applicant
shall submit a full copy of such application for review and comment
to the Fire Department serving the area in which the LCC is proposed
to be located and the Marlboro First Aid Squad. Said entities shall
be required to submit a report on the application to the approving
agency prior to the hearing.
D.
Grandfathering
clause. The requirements of Ordinance 2005-31[2] shall not apply to any property that is in full compliance
with the requirements of the RSCS Senior Citizen Residential and Single-Family
District and any other applicable state and Township laws and requirements,
provided that said property will not be further subdivided. Should
an application to subdivide be made to the Township, the property
owner will then be required to meet the current zoning standards established
for the RSCS Senior Citizen Residential and Single-Family District,
including the requirements established by Ordinance 2005-31.
[Added 9-20-2007 by Ord. No. 2007-20]
[2]
Editor's Note: A copy of Ord. No. 2005-31 is on file in the
Township offices.
The following regulations shall apply in the
THD Townhouse District:
B.
Area and bulk requirements.
(1)
Minimum land area: 25 contiguous acres.
(2)
The maximum density for a townhouse development shall
be eight units per acre.
(3)
Minimum setback distance: 100 feet from all existing
state and county roads or any road other than a local street as designated
upon the Master Plan of Marlboro Township.
(4)
No more than six townhouses shall be attached in a
series. (Buildings joined at their corners shall be deemed to be one
building.) Each single-family dwelling may have one or two stories,
but nothing in this provision shall be construed to allow one dwelling
unit over another.
(5)
No more than two contiguous townhouse dwelling units
shall be located on the same setback line.
(6)
Variations in front setbacks between contiguous townhouse dwelling units, except as provided in Subsection B(4) above, shall be not less than four feet.
(7)
No townhouse dwelling unit in any townhouse complex
shall exceed 30 feet in height, and such dwelling unit shall be limited
to two stories.
(8)
Each townhouse unit shall be at least 26 feet wide
with 20% not less than 30 feet.
(9)
Minimum floor area unit: 1,000 square feet.
(10)
Maximum floor area unit: 1,850 square feet.
(11)
Maximum average aggregate unit floor area of
all townhouses: 1,400 square feet.
(12)
Minimum distance between structures: 60 feet.
(13)
Maximum number of units, residential cluster:
40 units.
(14)
No building shall be erected closer than 50
feet to an exterior boundary line.
(15)
No building shall be erected nearer than 25
feet to any driveway leading to a group parking area.
(16)
No building shall be constructed closer to another
building than 1/2 the sum of the total height of the two buildings,
but in no event shall the side yard be less than 25 feet.
(17)
At least one in four units shall have an exterior
surface facade of two stories of brick or stone veneer at least four
inches thick.
(18)
There shall be a variety of design and architectural
modes and setbacks for the purpose of presenting an aesthetically
desirable overall effect over the entire townhouse complex with varied
elevations, designs and structural appearances and without uniformity.
No two contiguous townhouse dwelling units shall be of the same architectural
design. Each dwelling unit shall have direct access to at least two
of the following: front yard area, side yard area or rear yard area.
(19)
Maximum percentage of townhouse building coverage,
residential cluster: 20%.
(20)
Minimum percentage of required open space of
total area of development tract: 40%.
(21)
Minimum off-street parking requirements for
the use of residents and guests shall be provided at a ratio of two
and 2.5 parking spaces for each townhouse dwelling unit. Garages,
where provided, may be considered as the equivalent of one parking
space for the purpose of this provision. No off-street parking lots
shall contain more than 25 spaces. All such common parking facilities
shall be located at the rear of all dwelling units or in locations
to be approved by the Planning Board. There shall be no parking or
parking facilities in the required front yard setback of the property.
[Amended 2-22-1990 by Ord. No. 7-90]
(22)
Adequate facilities shall be provided for the
handling of garbage and other refuse by providing and maintaining
an enclosed and screened area or separate building within which all
garbage and refuse containers shall be stored while awaiting pickup.
A minimum container capacity of 20 gallons shall be proposed per unit.
(23)
Open space requirements. In reviewing an application
for any townhouse development, the Planning Board will require evidence
that adequate open space in appropriate locations will be available.
Open space must have safe and convenient pedestrian access. The applicant
must consult with the Planning Board early in the design stage to
ascertain open space requirements. Suitable land equal to the minimum
percent of the total gross area as set forth above shall be designated
as open space. Such open space shall consist of common open space,
public open space, public areas inclusive of pathways and bike trails
and the following recreational facilities:
(a)
In each townhouse site there shall be at least
one acre of land allotted to recreation use for every 10 acres of
total area. Included in this total should be at least one play lot
of 2,500 square feet for every 25 acres of site area. These playlots
should be suitable for the play of children less than five years of
age. This playlot shall be protected by an open wire fence at least
four feet in height or other enclosure or nonenclosure approved by
the Planning Board and shall be provided with such equipment as swings,
sandboxes or other similar playground apparatus.
(b)
Each recreational facility, either active or
passive in nature, as hereinafter set forth, must be constructed to
blend with the natural environment and be as unobtrusive as is reasonably
possible under the particular circumstances.
(c)
Swimming pool or pools must be constructed in
conformance with the standards of the State of New Jersey health code
titled "Swimming Pool Code of New Jersey," as adopted. This code will
also designate size and/or number of pools required.
(d)
Interior or exterior basketball courts may be
exterior courts with provisions for tennis and shuffleboard. Area
requirements for each activity are as follows:
(24)
Common open space. The landowner shall provide
for the establishment of a homeowners' or similar organization for
the ownership and maintenance of any common open space, and such organization
shall be established and regulated by all applicable standards and
conditions of state statute.
(25)
Buffer area. There shall be provided a densely
landscaped buffer area of no less than 60 feet in width between any
development constructed in this district and any adjacent residential
district. No required rear, front or side yards may be contained in
such buffer area. However, this buffer area may contain land set aside
as common open space, provided that no recreation activities other
than walkways, nature trails or similar facilities as approved by
the Planning Board are included therein. No off-street parking shall
be provided in the buffer area herein required.
(28)
All internal roads shall be public roads built
in accordance with Township subdivision and land ordinances, except
that all curbing shall be Belgium block. All driveways leading to
parking areas shall be built in accordance with the Township subdivision
and site plan provisions.
C.
Required land use development staging.
(1)
As a condition to preliminary approval of the development
plan, the Planning Board may permit the implementation of the plan
in whole or in sections or in stages consisting of one or more sections
or stages, under the sequence of actions determined as a part of the
development plan. Such sections or stages shall be:
(a)
Substantially and functionally self-contained
and self-sustaining with regard to access, parking, utilities, open
spaces and similar physical features and capable of substantial occupancy,
operation and maintenance upon completion of construction and development.
(b)
Properly related to other services of the community
as a whole and to those facilities and services yet to be provided
in the full execution and implementation of the development plan.
(c)
Provided with such temporary or permanent transitional
features, buffers or protective areas as the Planning Board may require
as will prevent damage or detriment to any completed section or stage,
to other sections or stages and to adjoining properties not in the
development plan.
(2)
Plans and specifications of such sections or stages
are to be filed with the Planning Board and are to be of sufficient
detail and at such scale as to fully demonstrate the following:
(a)
The arrangement and site locations of all structures,
primary and accessory land uses, parking, landscaping, public and
private utilities and service facilities and landownership conditions.
(b)
Estimates of the economic base of the section
or stage and its one or more sections or stages as supported by such
evidence as the estimated cost and market values of structures and
land improvement increase of taxable values; costs of maintenance
and services to be borne by public and private agencies; potential
costs of utility installation; the financial ability of the developer
to complete the plan; and such other financial considerations as the
Planning Board shall deem applicable.
(c)
Estimates of its population characteristics,
such as the size and composition of future population in terms of
probable family sizes; their need for public services and protection,
for recreational facilities and for commercial and professional services;
and related consideration.
(d)
Such further reasonable evidence and facts that
the Planning Board may require in order to determine that the objectives
and standards set forth herein are met.
(3)
Upon finding that the plan and specifications for
the proposed development of the section or stage conform to the above
conditions, the Planning Board shall so inform the Administrative
Officers as are charged with the issuance of permits for the construction
of utilities or structures that, upon presentation of requisite working
drawings and specifications, such permits may be issued. Upon substantial
completion of any section or stage, which shall include all performance
bonds, covenants and similar instruments to assure such completion,
and before proceeding with the review and approval of additional sections
or stages, the Planning Board may require a report and review of the
status, character and conditions of other previously completed sections
or stages with regard to their compliance with the plans, specifications
and estimates which formed the basis for said Board's action and approval.
Upon finding that such compliance has occurred, the Board shall initiate
proceedings for the review of the new section or stage.
(4)
As a further condition for approval of later sections
or stages, the Board may require or permit adjustments or modifications
in the conditions established in the approved development plan to
compensate for differences between the estimates of record on previously
approved and completed sections or stages as required and the actual
conditions prevailing upon their completion. In this regard, consideration
may be given to the balance of land uses established consistent with
the conditions of the development plan and the extent of variation
from the social and economic estimates upon which previous approval
may have been based.
[Amended 4-30-1992 by Ord. No. 7-92; 7-22-2004 by Ord. No.
2004-14]
The following regulations shall apply in the
MHD Mobile Home Park District:
B.
Permitted accessory uses.
(1)
Off-street parking in common parking areas.
(2)
Sewage treatment plant or other utility service installations
for the sole purpose of serving park residents and provided that such
plant(s) and other installation(s) are- approved and supervised by
appropriate county, state and federal rules, regulations and agencies.
(3)
Sheds of no more than 100 square feet in area set
back a minimum of five feet from all principal structures.
[Added 9-7-2006 by Ord. No. 2006-26[1]]
[1]
Editor's Note: This ordinance further provided that any nonconforming sheds in existence in the MHD Mobile Home Park District or the MHD-II Mobile Home Park District as of the effective date of this ordinance shall be permitted regardless of whether such sheds comply with the requirements established by this ordinance; however, any replacement of such a shed or any other new shed located in either of these districts shall comply with the requirements set forth in § 220-67B(3).
C.
Minimum land area. No mobile home park shall be developed
on a site of less than 20 contiguous acres.
D.
Minimum lot area: 4,000 square feet.
E.
Maximum density: eight mobile home units per acre.
F.
Minimum front yard setback: 10 feet.
G.
Minimum side yard setback: 15 feet.
H.
Minimum setback from major streets, roadways and district
property lines: 60 feet.
I.
Minimum rear yard setback: 10 feet.
J.
Off-street parking. For each trailer or mobile home,
two off-street parking spaces shall be provided in the following manner:
(1)
No less than one off-street parking space per each
individual trailer or mobile home lot.
(2)
The remaining required spaces shall be provided in
common parking facilities to be conveniently located throughout the
mobile home park. Such common facilities shall be located so that
no trailer or mobile home is more than 250 feet from such a facility.
Each common parking area shall be paved, drained and lighted in accordance
with Township standards. No more than 10 cars may be parked in any
common parking area.
K.
Buffer area. The margins along the side and rear property
lines of the mobile home park shall be densely planted with trees
and shrubs for a depth of not less than 60 feet.
L.
Minimum open space required. Not less than 10% of
the gross area of the park must be retained as open space or improved
for recreational activity for the residents of the mobile home park.
The common open space shall be dedicated or otherwise preserved and
maintained so as to always remain open and available for use by the
residents or as otherwise approved by the Planning Board, and that
such open space will be preserved and maintained in perpetuity.
M.
Site drainage requirements. The ground surface in
all parts of every park shall be graded and equipped to drain all
surface water in a safe, efficient manner.
N.
Soil and ground cover requirements.
(1)
Exposed ground surfaces in all parts of every park
shall be paved, covered with stone screenings or other solid material
or protected with a lawn or other desirable vegetation growth that
is capable of preventing soil erosion and emanation of dust during
dry weather.
(2)
Park grounds shall be maintained free of vegetation
growth which is poisonous or which may harbor rodents, insects or
other pests harmful to man.
O.
Water and waste disposal requirements.
(1)
Each mobile home park lot shall have attachments for
waste disposal and water supply, and the water supply facilities shall
be connected properly to an approved public sewer and water system
(or other equivalent method of sewage disposal and water supply) installed
properly and approved by the Township of Marlboro.
(2)
The storage, collection and disposal of refuse in
the mobile home park shall not be so conducted as to create health
hazards, rodent harborage, insect breeding areas, accident or fire
hazards or air pollution.
P.
Electrical system. Every park shall contain an electrical
wiring system consisting of wiring, fixtures, equipment and appurtenances
installed and maintained in accordance with local electric power company's
specifications regulating such systems. All electrical service within
the park shall be installed underground with connections to each mobile
home lot.
Q.
Foundations.
(1)
Trailers and mobile homes shall be installed upon
and securely fastened to a frost-free foundation or footer, and in
no event shall they be erected on jacks, loose blocks or other temporary
materials.
(2)
An enclosure of compatible design and material shall
be erected around the entire base of each trailer or mobile home.
Such enclosure shall not be erected on jacks, loose blocks or other
temporary materials.
R.
Streets.
(1)
Minimum right-of-way widths, paving widths, angle
of intersection, curb radius, distances along sides of sight triangles,
horizontal alignments, vertical alignments as well as maximum grades
shall be in accordance with the subdivision regulations in this chapter.
(2)
All trailer and mobile home spaces shall abut upon
a paved driveway of not less than 12 feet in width, which shall have
unobstructed access to a private or public street. Such driveway may
be used for the parking of an automobile.
S.
Park areas for nonresidential uses.
(1)
No part of any park shall be used for nonresidential
purposes, except such uses as are required for the direct servicing
and well-being of park residents and for the management and maintenance
of the park.
(2)
Nothing contained in this section shall be deemed
as prohibiting the sale of a mobile home located on a mobile home
lot and connected to utilities.
[Amended 4-30-1992 by Ord. No. 7-92; 11-24-1992 by Ord. No.
40-92; 7-22-2004 by Ord. No. 2004-14; 3-19-2009 by Ord. No.
2009-9]
A.
There shall be included by reference in this section all language set forth in § 220-67A through S, inclusive, except that Subsection C shall be changed to no less than 10 contiguous acres. In addition, Subsection D shall be changed to a minimum lot area of 3,500 square feet. Further, Subsection E shall be changed to a maximum density of 10 mobile home units per acre.
B.
Affirmative devices required shall be as set forth in § 220-69A through C, except that Subsection A(1) shall provide that a minimum of 75% of all units shall be affordable to moderate- and low-income households, as defined under New Jersey's Fair Housing Act, codified at N.J.S.A. 52:27D-301 et seq., and the substantive (N.J.A.C. 5:97-1.1 et seq.) and procedural rules (N.J.A.C. 5:96-1.1 et seq.) as promulgated by the New Jersey Council on Affordable Housing from time to time.
C.
Each affordable mobile home park unit shall comply with the rules
set forth by the Council on Affordable Housing (COAH) at N.J.A.C.
5:96 (Procedural Rules), and N.J.A.C. 5:97 (Substantive Rules), including:
D.
Approval of the New Jersey Department of Environmental Protection
and/or the Monmouth County Department of Health shall be obtained,
where required, prior to Planning Board approval of any application
in the MHD-II District.
A.
Affirmative devices requirements. Any development
application, except a minor subdivision, permitted in the MFD District
shall provide an affirmative devices program to achieve affordable
housing for moderate- and low-income households as defined by the
United States Department of Housing and Urban Development.
(1)
The program shall provide that:
(a)
A minimum of 20% of all units shall be affordable
to moderate- and low-income households as defined by the United States
Department of Housing and Urban Development.
(b)
An applicant shall submit a statement detailing the development costs of the project at the time of development application submission. The statement shall set forth in sufficient detail financial data for the development of the project to determine compliance with Subsection A(1)(a) above.
(c)
An application for development of units permitted in the MFD District at the time of filing with the Planning Board shall be accompanied by a proposal of the applicant to guarantee the reasonable continuation of availability of affordable housing as set forth in Subsection A(1)(a) and (b) above. Said guaranties shall consist of deed restrictions which shall satisfy the Planning Board that reasonable arrangements have been made for the continuation of the availability of the units for low- and moderate-income households. The deed restrictions shall specifically permit the Township of Marlboro to bring judicial proceedings to enforce same and carry out the purposes of this chapter. The content of the restrictions shall reasonably fulfill the intent and purpose of this chapter and the continued availability of those units intended for low- and moderate-income families as defined by the United States Department of Housing and Urban Development at prices affordable to them, both concerning rent levels of for-rent units and resale prices of for-sale units.
(d)
The restrictions shall contain language to the
effect that purchasers of low- and moderate-income units may not sell
their units on resale for a purchase price greater than the original
purchase price as reflected in their deeds plus a percentage increase
based on the consumer price index (New York City-Northeastern New
Jersey: all items).
(2)
In addition to the foregoing restrictions, the resale
of low- and moderate-income units shall be subject to the rules and
regulations of the Low and Moderate Income Housing Agency which shall
be established by the Township of Marlboro. This Agency shall monitor
and approve sales of low- and moderate-income purchasers as defined
by the Agency's low- and moderate-income criteria in effect at the
time of the proposed resale. Furthermore, low- and moderate-income
units shall at all times remain owner-occupied, except that under
exceptional circumstances to be determined by the Agency, such low-
and moderate-income units may be leased or rented for limited periods
not to exceed one year, upon conditions set forth in the regulations.
(3)
Owners of low- and moderate-income units shall not
add amenities or improvements to such units, the effect of which will
be to increase the resale price of the unit beyond amounts which are
considered by the Agency to be affordable by low- and moderate-income
purchasers. In the event that such amenities or improvements are installed,
however, the resale price of low- and moderate-income units shall,
nevertheless, be restricted by the Agency in accordance with the foregoing
standards.
(4)
Owners of low- and moderate-income units shall maintain
them in accordance with the standards of the market units within the
development. Failure to do so shall permit the homeowners' association
to do so at the cost and expense of the owner of the low- and moderate-income
unit, and the association shall have a lien on the unit for the recovery
of all sums expended for such purpose.
(5)
The failure to establish or maintain such an agency
shall not relieve the owners of low- and moderate-income housing of
fulfilling the requirements of the restrictions of this chapter.
(6)
All restrictions and the terms of this chapter shall
continue for no less than 30 years, commencing with the acquisition
of title and each change thereof.
(7)
The Township of Marlboro, either by ordinance or by
executive action, shall establish an Agency whose purpose will be
to administer the provisions of this low- and moderate-income housing
plan prior to sales by the developer to original purchasers and to
structure and enforce the mechanics and criteria for the determination
of who are low- and moderate-income purchasers, and for determining
the resale prices of low- and moderate-income units. The ordinance
or executive action shall establish the standards which the Agency
shall apply, and the Agency shall thereafter, by regulations, establish
the details of the application of such standards to resales of low-
and moderate-income units and to the determination of who shall qualify
as a low- and moderate-income purchaser.
(8)
The standards shall restrict the resales of low- and
moderate-income units to prices which may be increased by no more
than amounts consistent with the United States Department of Labor
consumer price index or equivalent index and shall further restrict
the installation of improvements or amenities within or as a part
of low- and moderate-income units above the amounts considered as
affordable by moderate-income purchasers.
(9)
Phased development requirements.
(a)
The developer must demonstrate to the Planning
Board that its development shall be timed and phased to ensure that
during the period of construction no less than the mandatory minimum
percentage of low- and moderate-income dwelling units is completed
at any time.
(b)
Phased development requirements shall be as
follows: 20% of the market-value units may be built and sold first.
The next 10% of the market-value units shall be built and sold in
conjunction with 25% of the low- and moderate-income units. The next
30% of the market-value units shall be built in conjunction with the
next 50% of the low- and moderate-income units. The next 10% of the
market-value units shall be built in conjunction with the final 25%
of the low- to moderate-income units as, by example:
|
Market-Value Units
|
Low- and Moderate- Income Units
| |
|---|---|---|
|
16
|
—
| |
|
8
|
5
| |
|
24
|
10
| |
|
8
|
5
| |
|
24
|
—
| |
|
80
|
20
|
B.
Permitted uses: clustered townhouses (sometimes herein referred to as "units"), as defined under § 220-4, and garden apartments (sometimes herein referred to as "units"), as defined under § 220-4, and estate homes (sometimes herein referred to as "units"), as defined under § 220-4.
[Amended 6-15-1995 by Ord. No. 26-95]
C.
Permitted accessory uses: noncommercial swimming pools,
tennis courts and other recreational facilities for the exclusive
use of residents and their guests, off-street parking facilities and,
in association with units, noncommercial parking garages for the exclusive
use of site residents only.
[Amended 6-15-1995 by Ord. No. 26-95]
D.
For any units to be developed in this district, the
following regulations and provisions shall apply:
[Amended 3-20-1986 by Ord. No. 6-86; 2-22-1990 by Ord. No.
7-90; 6-15-1995 by Ord. No. 26-95]
(1)
Minimum lot size. No building which is intended or
designed to be used, in whole or in part, as a unit herein shall be
erected or constructed upon a lot containing an area of less than
10 acres, except that if a zone boundary line passes through any lot
of five acres or more with the result that the area available for
unit construction is less than 10 acres, such area of less than 10
acres may be approved for unit development; provided, however, that
all other regulations pertaining to the erection or construction of
the units shall be applied to and within the area permitting such
construction, except that the calculation of the number of units to
be constructed shall be based upon such acreage available for such
construction.
(2)
With respect to clustered townhouses and buildings
containing low- and moderate-income units only, the distance between
two adjacent buildings side to side shall not be less than 30 feet.
With respect to garden apartments, the average distance between two
adjacent buildings shall not be less than 1 1/2 times the height
of the taller adjacent building, but in no instance shall the distance
be less than 30 feet. With respect to estate homes, the distance between
two adjacent buildings side to side shall not be less than 10 feet.
With respect to clustered townhouses, the distance between two adjacent
buildings rear to rear shall not be less than 50 feet and side to
rear shall not be less than 30 feet. With respect to estate homes,
the distance between two adjacent buildings rear to rear shall not
be less than 50 feet and side to rear shall not be less than 25 feet.
(3)
Density. No more then eight units shall be permitted
per gross acre.
(4)
Rooms. Each separate dwelling unit shall contain separate
bedroom, separate bathroom, separate living room and separate kitchen
facilities, which kitchen facilities shall be located separate and
apart from other rooms. A bedroom shall be construed as any separate
room, other than a dining room, kitchen or bathroom.
(5)
Lot coverage. The maximum lot coverage of buildings
shall be 20%.
(6)
Open space. The minimum percent of the required open
space of the total area of the tract shall be not less than 40%.
(7)
Building plan. Building elevations and floor plans
for each typical unit shall be required.
(8)
Height. The height of the habitable part of the building
shall not exceed three stories, and in no event shall the total height
of the building exceed 35 feet. No basement units shall be permitted.
In the PAC District, the height shall not exceed two stories, and
in no event shall the total height of the building exceed 35 feet.
[Amended 3-5-2007 by Ord. No. 2007-4[1]]
[1]
Editor's Note: This ordinance also provided that any building
or structure located in any of the zones covered by this ordinance
as of the effective date of this ordinance or any building or structure
for which all necessary Planning Board and/or Zoning Board approvals
have been obtained as of the effective date of this ordinance that
was in full compliance with the requirements in place prior to the
adoption of this ordinance but, as a result of this ordinance, no
longer meets the building height requirements, shall constitute a
conforming structure.
(9)
Sound control. All units shall be designed and constructed
with a soundproofing barrier between adjoining units with a sound
transmission as tested by the American Society for Testing and Materials
(E-90).
(10)
Energy conservation. Where practical, all units
shall be oriented to the greatest extent feasible so as to maximize
sun exposure as per the guidelines published by the New Jersey Department
of Community Affairs.
(11)
Recreational facilities. Both active and passive
recreational facilities shall be provided with the approval of the
Planning Board. Recreational requirements, as set forth by the Planning
Board, shall be met and developed with facilities suitable to serve
the residents of the dwelling units. Said facilities shall be located
so as not to be detrimental to adjacent property owners by virtue
of noise, light, glare or any other objectional features emanating
therefrom.
(12)
Minimum frontage. Minimum road frontage shall
be 400 feet.
(13)
Parking. All parking facilities shall have adequate
screening and landscaping.
(14)
Setbacks. There shall be a front yard setback
of at least 50 feet and side and rear yard minimum setbacks of 40
feet from streets. The minimum setbacks from private roads and interior
parking areas (curbline) shall be 25 feet.
(15)
Buffer and landscaping. All areas of a development not used for the construction of buildings, roads, accessways, parking areas or sidewalks shall be fully landscaped. Where a development boundary line abuts a lot in a residential zone, which lot is not owned by the developer, there shall not be cut, uprooted, destroyed or taken away any existing trees, shrubbery or other planting within the area of 60 feet inside the boundary line of the development abutting a residential lot. If no adequate trees, shrubs or planting exists in the sixty-foot area in the natural state of the premises before the development, the area shall be provided with an adequate approved planting plan to provide a belt of screening within the sixty-foot area in accordance with § 220-100 of this chapter. Where a development boundary line abuts a lot in a multifamily district residential zone, the sixty-foot area described above shall be reduced to 40 feet.
(16)
Interior roads. All roads and other accessways
within the development shall be private roads constructed, paved and
curbed to a width of not less than 30 feet. All private roads shall
have a minimum radius at the center line of the road of 50 feet and
a minimum curb return radius at intersections of 25 feet. A minimum
center line tangent of at least 50 feet shall be introduced between
reverse curves on all such roads. Driveways serving more than one
estate home shall be private roads constructed, paved and curbed to
a width of not less than 24 feet, with a maximum length of 200 feet
(measured from the private road curbline to the beginning of the turnaround
area) and a minimum turnaround area of not less than 50 by 50 feet.
At the developer's option, public roads may be installed to Township
standards. All such construction, paving and curbing shall be completed
in accordance with the Subdivision Regulations of Marlboro Township.
(17)
Parking. No parking shall be permitted on any
road or accessway within the development. All parking shall be confined
to the areas specially designated on the site plan for that purpose.
Parking spaces of nine by 18 feet for each car shall be required to
the extent of 2.5 spaces per unit. If garages are provided, each garage
may be counted for the equivalent of one parking space for the purpose
of this provision.
(18)
Principal buildings.
(a)
No principal building shall:
[1]
Be designed for or occupied by more than 12
families.
[2]
Exceed 160 feet in length in its longest dimension;
provided, however, that buildings containing townhouse units only
may exceed the foregoing length so long as they do not contain more
than six units.
[3]
Provide fewer than two exterior exposures, each
of which shall be properly placed so as to provide thorough ventilation
for each unit.
[4]
Allow or contain outside television antennas.
All television antenna equipment shall be built into the building
to eliminate individual antennas being upon the roof. This subsection
shall not apply to a common antenna tower.
[5]
Allow any air-conditioning unit to project more
than six inches from the face of the wall of the building on which
it is installed.
[6]
Provide less than 700 cubic feet of storage
for each unit in the building.
(b)
Roof design and construction must be other than
a flat roof.
(c)
The elevation and setbacks should be varied.
(19)
Utilities. For all developments, the applicant
for the site plan approval shall arrange with the serving utility
for the underground installation of the utilities distribution supply
of the applicable standard terms and conditions incorporated as a
part of its tariff on file with the State of New Jersey Board of Public
Utility Commissioners and shall submit to the Planning Board prior
to the granting of site plan approval a written instrument from each
serving utility which shall evidence full compliance with the provisions
of this subsection; provided, however, that sites which abut existing
streets where overhead electric or telephone distribution supply lines
have therefor been installed on any portion of the streets involved
may be supplied with electric and telephone service from the overhead
lines of extensions, but the service connections from the utilities'
overhead lines shall be installed underground.
(20)
Application fees concerning the Mt. Laurel II
proposals (low- and moderate-income housing units only) shall be waived.
Application fees for the balance of the project shall apply.
(21)
Fire walls. There shall be a fire wall between
each unit.
(22)
Detention/retention facilities. Notwithstanding anything contained elsewhere in this Chapter 220, in those instances in which adjacent conditions [such as existing retention basin(s)] impact upon the design and/or location of drainage facilities, the Board may, in its discretion, permit:
(a)
The top of the excavation or the toe of the
outside slope to be set back 25 feet from an adjoining property line
of a lot on which there is multifamily residential use.
(b)
The edge of the design high water for detention/retention
basins to be set back 50 feet from existing or proposed dwelling units.
(c)
The top of the excavation or the toe of the
outside slope to be set back 25 feet from the edge of the pavement
from adjoining roads.
(d)
Wet detention/retention basins.
[Added 11-24-1992 by Ord. No. 40-92[1]]
The following regulations shall apply in the
MFD-I Multifamily District:
A.
Project requirements. For any parcel to be developed
in the MFD-1 District, the following regulations and provisions shall
apply:
(1)
Minimum tract size. No building which is intended
or designed to be used, in whole or in part, as a unit herein shall
be erected or constructed upon a tract containing an area of less
than 10 acres, except that if a zone boundary line passes through
any lot of five acres or more with the result that the area available
for unit construction is less than 10 acres, such area of less than
10 acres may be approved for development; provided, however, that
all other regulations pertaining to the erection or construction of
the project shall be applied to and within the area permitting such
construction, except that the calculation of the number of units to
be constructed shall be based upon such acreage available for such
construction.
(2)
Rooms. Each separate dwelling unit shall contain separate
bedroom, separate bathroom, separate living room and separate kitchen
facilities, which kitchen facilities shall be located separate and
apart from other rooms. A bedroom shall be construed as any separate
room, other than a dining room, kitchen or bathroom.
(3)
Lot coverage. The total lot coverage shall be as specified
for each different residential unit type allowed in this zone district.
[Amended 6-17-1999 by Ord. No. 1999-22]
(4)
Building plan. Building elevations and floor plans
for each typical unit shall be required.
(5)
Sound control. All units shall be designed and constructed
with a soundproofing barrier between adjoining units with a sound
transmission as tested by the American Society for Testing and Materials
(E-90).
(6)
Energy conservation. Where practical, all units shall
be oriented, to the greatest extent feasible, so as to receive maximum
sun exposure as per the guidelines published by the New Jersey Department
of Community Affairs.
(7)
Recreational facilities. Passive recreational facilities
shall be provided with the approval of the Planning Board. Recreational
requirements, as set forth by the Planning Board, shall be met and
developed with facilities suitable to serve the residents of the dwelling
units. Said facilities shall be located so as not to be detrimental
to adjacent property owners by virtue of noise, light, glare or any
other objectionable features emanating therefrom.
(8)
Setbacks. There shall be a front yard setback of at
least 50 feet and side and rear yard minimum setbacks of 40 feet for
the project from any major road.
(9)
Buffer and landscaping. All areas of a development not used for the construction of buildings, roads, accessways, parking areas or sidewalks shall be fully landscaped. Where a development boundary line abuts a lot in a residential zone, which lot is not owned by the developer, there shall not be cut, uprooted, destroyed or taken away any existing trees, shrubbery or other planting within the area of 60 feet inside the boundary line of the development abutting a residential lot. If no adequate trees, shrubs or planting exists in the sixty-foot area in the natural state of the premise before the development, the area shall be provided with an adequate approved planting plan to provide a belt of screening within the sixty-foot area in accordance with § 220-100.
(10)
Interior roads. All roads and other accessways
within the development shall be private roads constructed, paved and
curbed to a width of not less than 30 feet. At the developer's option,
public roads may be installed to Township standards. All such construction,
paving and curbing shall be completed in accordance with the subdivision
regulations of Marlboro Township.
(11)
Parking. No parking shall be permitted on any
road or accessway within the development. All parking shall be confined
to the area specifically designated on the site plan for that purpose.
Parking spaces of nine by 18 feet for each car shall be required to
the extent of 2.5 spaces per unit. If garages are provided, each garage
may be counted for the equivalent of one parking space for the purpose
of this provision.
C.
Lot, bulk and setback requirements. Lot, bulk and
setback requirements shall be as follows:
[Amended 1-9-1997 by Ord. No. 1-97]
(1)
For single-family homes.
(a)
Density. No more than five units shall be permitted
per gross acre.
(b)
Minimum lot size. The minimum lot size shall
be 6,000 square feet.
(c)
Setbacks for principal structures.
[1]
Front yard. The minimum front yard setback is
20 feet.
[2]
Side yard. The minimum side yard setback shall
be five feet; the minimum total for two side yards shall be 15 feet.
(By example: a lot may have a five- and ten-foot side yard; or a seven-
and eight-foot side yard totaling 15 feet.)
[3]
Rear yard. The minimum rear yard setback shall
be 20 feet.
(d)
Setbacks for accessory structures.
[1]
Front yard and side yard. The minimum front
yard and side yard setbacks shall be the same as that required for
principal structures in this zone.
[2]
The minimum rear yard setback shall be 10 feet,
except where otherwise restricted, for accessory structures, including
but not limited to pools, gazebos, sheds and decks. Where a rear yard
is adjacent to a limited access state highway, a detention basin,
a wetland area or wetland buffer area not owned by the residential
lot owner, a park or an approved utility apparatus appearing above
the surface of the ground, the rear yard setback shall be five feet,
except where otherwise restricted.
[3]
Distance between buildings or structures. The
minimum distance between accessory structures and principal buildings
or between accessory structures and other accessory structures in
this zone shall be 10 feet
[Added 6-17-1999 by Ord. No. 1999-22]
(e)
Lot width. The minimum lot width shall be 50
feet which shall be measured from the front setback line of the home.
(f)
Lot depth. The minimum lot depth shall be 90
feet.
(g)
Lot coverage. The total lot coverage may not
exceed 32% for original buildings, driveways and/or walkways. Total
lot coverage may be increased to a maximum of 38% to allow for the
following specific accessory structures: decks, pools, gazebos, patios
and/or sheds. This additional amount may not, however, be utilized
to increase the lot coverage for principal buildings, driveways and/or
walkways, which in all cases shall not exceed 32%.
[Amended 6-17-1999 by Ord. No. 1999-22]
(h)
Height. The maximum height for principal structures
shall be 2 1/2 stories and in no event shall the total height of the
structure exceed 35 feet. The maximum height for accessory structures
shall be 15 feet.
[Amended 3-5-2007 by Ord. No. 2007-4[2]]
[2]
Editor's Note: This ordinance also provided that any building
or structure located in any of the zones covered by this ordinance
as of the effective date of this ordinance or any building or structure
for which all necessary Planning Board and/or Zoning Board approvals
have been obtained as of the effective date of this ordinance that
was in full compliance with the requirements in place prior to the
adoption of this ordinance but, as a result of this ordinance, no
longer meets the building height requirements, shall constitute a
conforming structure.
(i)
Distance between buildings or structures. The
minimum distance between accessory structures and principal buildings
or between accessory structures and other accessory structures in
this zone shall be 10 feet.
(2)
For zero lot line homes.
(a)
Density. No more than five units shall be permitted
per gross acre.
(b)
Minimum lot size. The minimum lot size shall
be 4,000 square feet.
(d)
Setbacks for accessory structures.
[1]
Front yard and side yard. The minimum front yard and side yard setbacks shall be the same as that required for single-family home principal structures under § 220-70C(1)(c)[1] and [2] of this chapter.
[2]
Rear yard. The minimum rear yard setback shall
be 10 feet, except where otherwise restricted, for accessory structures,
including but not limited to pools, gazebos, sheds and decks. Where
a rear yard is adjacent to a limited access state highway, a detention
basin, a wetland area or wetland buffer area not owned by the residential
lot owner, a park or an approved utility apparatus appearing above
the surface of the ground, the rear yard setback shall be five feet,
except where otherwise restricted.
[3]
Distance between buildings or structures. The
minimum distance between accessory structures and principal buildings
or between accessory structures and other accessory structures in
this zone shall be 10 feet.
[Added 6-17-1999 by Ord. No. 1999-22]
(e)
Lot width. The minimum lot width shall be 30
feet which shall be measured from the front setback line of the home.
(f)
Lot depth. The minimum lot depth shall be 90
feet.
(g)
Lot coverage. The total lot coverage may not
exceed 32% for principal buildings, driveways and/or walkways. Total
lot coverage may be increased to a maximum of 38% to allow for the
following specific accessory structures: decks, pools, gazebos, patios
and/or sheds. This additional amount may not, however, be utilized
to increase the lot coverage for principal buildings driveways and/or
walkways, which in all cases shall not exceed 32%.
[Amended 6-17-1999 by Ord. No. 1999-22]
(h)
Height. The maximum height for principal structures
shall be 2 ½ stories and in no event shall the total height
of the structure exceed 35 feet. The maximum height for accessory
structures shall be 15 feet.
[Amended 3-5-2007 by Ord. No. 2007-4[3]]
[3]
Editor's Note: This ordinance also provided that any building
or structure located in any of the zones covered by this ordinance
as of the effective date of this ordinance or any building or structure
for which all necessary Planning Board and/or Zoning Board approvals
have been obtained as of the effective date of this ordinance that
was in full compliance with the requirements in place prior to the
adoption of this ordinance but, as a result of this ordinance, no
longer meets the building height requirements, shall constitute a
conforming structure.
(i)
Distance between buildings or structures. The
minimum distance between accessory structures and principal buildings
or between accessory structures and other accessory structures in
this zone shall be 10 feet.
D.
Affirmative devices requirements. All requirements contained in § 220-69A of this chapter shall apply in the MFD-I Zone, except that a minimum of 23.4% of all units shall be affordable to moderate- and low-income households as defined by the United States Department of Housing and Urban Development.
E.
Permitted accessory uses.
[Amended 1-9-1997 by Ord. No. 1-97]
[1]
Editor's Note: Section 8 of this ordinance
provided as follows: "This ordinance shall not take effect until (1)
an Order has been entered by the Superior Court of New Jersey amending
the Judgment of Repose which was entered on December 24, 1985 and
permitting the rezoning contained herein, and (2) the ordinance has
been filed with the Monmouth County Planning Board."
[Added 11-24-1992 by Ord. No. 40-92[1]]
The following regulations shall apply in the
MFD-II Multifamily District:
A.
Project requirements. For any parcel to be developed in the MFD-II District, the same regulations and provisions as set forth in § 220-70A shall apply, except that the provisions of § 220-70A(9) above shall not apply. The following provisions shall apply:
(1)
Buffer and landscaping. All areas of a development not used for the construction of buildings, roads, accessways, parking areas or sidewalks shall be fully landscaped. Where a development boundary line abuts a lot in another zone, which lot is not owned by the developer, there shall not be cut, uprooted, destroyed or taken away any existing trees, shrubbery or other planting within the area of 30 feet inside the boundary line of the development abutting a lot in another zone. If no adequate trees, shrubs or planting exists in the thirty-foot area in the natural state of the premise before the development, the area shall be provided with an adequate approved planting plan to provide a belt of screening within the thirty-foot area in accordance with § 220-100.
C.
Lot, bulk and setback requirements. Lot, bulk and
setback requirements shall be as follows:
(1)
For detached single-family homes.
(a)
Density. No more than six units shall be permitted
per gross acre.
(b)
Minimum lot size. The minimum lot size shall
be 6,000 square feet.
(c)
Setbacks.
[1]
Front yard. The minimum front yard setback shall
be 20 feet.
[2]
Side yard. The minimum side yard setback shall
be five feet; the minimum total for two side yards is 15 feet. (By
example, a lot may have a five-foot and ten-foot side yard or a seven-foot
and eight-foot side yard totaling 15 feet.]
[3]
Rear yard. The minimum rear yard setback shall
be 20 feet.
(d)
Lot width. The minimum lot width shall be 40
feet which shall be measured from the front setback line of the home.
(e)
Lot depth. The minimum lot depth shall be 90
feet.
(f)
Lot coverage. The maximum lot coverage shall
be 32%. Driveways shall be excluded from the calculating of lot coverage.
(g)
Height. The maximum height shall be 2 1/2
stories and in no event shall the height exceed 35 feet.
[Amended 3-5-2007 by Ord. No. 2007-4[2]]
[2]
Editor's Note: This ordinance also provided that any building
or structure located in any of the zones covered by this ordinance
as of the effective date of this ordinance or any building or structure
for which all necessary Planning Board and/or Zoning Board approvals
have been obtained as of the effective date of this ordinance that
was in full compliance with the requirements in place prior to the
adoption of this ordinance but, as a result of this ordinance, no
longer meets the building height requirements, shall constitute a
conforming structure.
(2)
For attached single-family duplex units and single-family
zero lot line homes.
(a)
Density. No more than six units shall be permitted
per gross acre.
(b)
Minimum lot size. The minimum lot size shall
be 4,000 square feet.
(d)
Lot width. The minimum lot width shall be 30
feet which shall be measured from the front setback line of the home.
(e)
Lot depth. The minimum lot depth shall be 90
feet.
(f)
Lot coverage. The maximum lot coverage shall
be 32%. Driveways shall be excluded from the calculating of lot coverage.
(g)
Height. The maximum height shall be 35 feet
or 2 1/2 stories.
D.
Affirmative devices requirements. All the requirements contained in § 220-69A of this chapter shall apply in the MFD-II Zone, except that the set-aside for affordable units shall be provided as follows:
(1)
Development of the MFD-II Zone must presumptively
provide for 84 units of housing affordable to low- and moderate-income
households as defined by the United States Department of Housing and
Urban Development.
(2)
The only circumstance in which the set-aside of affordable
housing need be higher than 84 units is if 22% of the total units
approved for the lots within the MFD-II Zone exceeds 84 units; in
such event the set-aside shall be equal to 22% of the total units
approved for development.
(3)
The only circumstance in which the set-aside of affordable
housing may be lower than 84 units is if 28% of the total units approved
for the lots within the MFD-II Zone is less than 84 units; in such
event the set-aside shall be equal to 28% of the total units approved
for development.
[1]
Editor's Note: Section 8 of this ordinance
provided as follows: "This ordinance shall not take effect until (1)
an Order has been entered by the Superior Court of New Jersey amending
the Judgment of Repose which was entered on December 24, 1985 and
permitting the rezoning contained herein, and (2) the ordinance has
been filed with the Monmouth County Planning Board."
[Added 10-19-2006 by Ord. No. 2006-30; amended 12-17-2015 by Ord. No. 2015-18]
The following regulations shall apply in the MFD-III Multifamily
District:
A.
Project requirements. For any parcel to be developed in the MFD-III District, the same regulations and provisions as set forth in § 220-71 (MFD-II Multifamily District) shall apply except as same are modified by the provisions herein.
B.
Buffer and landscaping. All areas of a development not used for the construction of buildings, roads, and access ways, parking areas or sidewalks shall be fully landscaped. Where a development's boundary line abuts a lot which lies in another zone and the abutting lot is not owned by the developer, the lot being developed shall contain a natural buffer within the area of 15 feet inside the boundary line of the development that abuts the lot lying in another zone such that there shall not be cut, uprooted, destroyed or taken away any existing trees, shrubbery or other plantings, except that weeds, poison ivy and the like shall be excepted. If no adequate trees, shrubs or plantings exist in the said fifteen-foot area in the natural state of the premises before the development, the area shall be provided within an adequate, approved planting plan with the goal of providing a belt of screening within the fifteen-foot area in accordance with § 220-100.
D.
Lot, bulk and setback requirements. Lots, bulk and setback requirements
shall be as follows:
(1)
For multifamily tenanted buildings and attached townhouse residential
units.
(a)
Density. No more than 15 units shall be permitted per gross
acre.
(b)
Minimum lot size. The minimum lot size shall be two acres.
(c)
Occupancy. No more than 25 families shall occupy each building.
(e)
Lot width. The minimum lot width shall be 125 feet.
(f)
Lot depth. The minimum lot depth shall be 125 feet.
(g)
Lot coverage. The maximum lot coverage shall be 80%.
(h)
Height. The maximum building height for multifamily tenanted
buildings shall be four stories or 50 feet; the maximum building height
for attached townhouse buildings shall be 2 1/2 stories or 35
feet.
E.
Affirmative devices requirements. All the requirements contained in § 220-71D of this chapter shall apply in the MFD-III Zone, except that the set-aside for affordable units shall be provided as follows:
(1)
Development of the MFD-III Zone must presumptively provide for
50 rental units of housing for affordable to low- and moderate-income
households as defined by the New Jersey Council on Affordable Housing
and/or the United States Department of Housing and Urban Development,
as may be applicable under prevailing law.
F.
Permitted accessory uses. Permitted accessory uses shall be all those contained in § 220-71E (MFD-II Multifamily District) of this chapter and shall apply in the MFD-III Multifamily District Zone, as well as any uses which are incidental to the principal use or structure on the lot, such as, but not limited to, signage, parking, fences, noncommercial swimming pools, tennis courts, clubhouse, and other recreational facilities for the exclusive use of residents and guests.
[Added 4-4-2000 by Ord. No. 2000-7]
The Senior Citizen Multifamily District I, hereinafter
referred to as "SCMFD-I," is defined as a community having one or
more adjacent parcels of land with a total acreage of at least 26
acres to be dedicated to the use of a senior citizen multifamily community.
For purposes of this section, parcels of land separated only by public
streets or other rights-of-way are considered adjacent. Said land
shall be restricted by bylaws, rules, regulations and restrictions
of record to use by permanent residents 55 years of age or older,
as further defined under the United States Fair Housing Act, as amended.
A.
Affordable housing provisions. There shall be an obligation
to contribute $176,000 to the Township's Affordable Housing Trust
Fund,
C.
Permitted accessory uses. Necessary accessory buildings
and uses, including facilities for maintenance. Permanent entrance
or project signs if approved by the Planning Board. Noncommercial
swimming pools, tennis courts and other recreational facilities for
the exclusive use of residents and their guests. Off-street parking
facilities and, in association with units, noncommercial parking garages
for the exclusive use of site residents only. Fences, as regulated
in this chapter.
D.
The minimum lot, bulk and setback requirements shall
be:
(1)
Density. No more than 8.8 units shall be permitted
per gross acre of the entire tract, with a maximum of 225 units permitted
on the entire tract.
(2)
Lot coverage. The maximum lot coverage of all buildings
shall be 20% of the entire tract.
(3)
For attached single-family duplex units:
(a)
Minimum lot size. The minimum lot size shall
be 4,000 square feet.
(b)
Setbacks.
[1]
Front yard. The minimum front yard setback shall
be 20 feet.
[2]
Side yard. The minimum side yard setback shall
be zero feet; the minimum total for two side yards is 10 feet.
[3]
Rear yard. The minimum rear yard setback shall
be 20 feet.
[4]
From exterior tract boundary. The minimum setback
shall be 60 feet.
(c)
Lot width. The minimum lot width shall be 30
feet which shall be measured from the front setback line of the home.
(d)
Lot depth. The minimum lot depth shall be 90
feet.
(e)
Maximum lot coverage by buildings and structures;
40%. An additional 15% lot coverage allowance will be provided for
driveways, sidewalks, patios and decks and similar appurtenances.
(f)
Height. The maximum building height shall be
2 1/2 stories and in no event shall the height exceed 35 feet.
[Amended 3-5-2007 by Ord. No. 2007-4[1]]
[1]
Editor's Note: This ordinance also provided that any building
or structure located in any of the zones covered by this ordinance
as of the effective date of this ordinance or any building or structure
for which all necessary Planning Board and/or Zoning Board approvals
have been obtained as of the effective date of this ordinance that
was in full compliance with the requirements in place prior to the
adoption of this ordinance but, as a result of this ordinance, no
longer meets the building height requirements, shall constitute a
conforming structure.
(4)
For clustered townhouses:
(a)
No building shall be designed for or occupied
by more than eight families.
(b)
No building shall exceed 160 feet in length
in its longest dimension; provided, however, that buildings may exceed
the foregoing length so long as they do not contain more than six
units.
(c)
There shall be no fewer than two exterior exposures
for each unit, each of which shall be properly placed so as to provide
thorough ventilation for each unit.
(d)
With respect to clustered townhouses, the distance
between two adjacent buildings side to side shall not be less than
30 feet. The distance between two adjacent buildings rear to rear
shall not be less than 50 feet and side to rear shall not be less
than 30 feet.
(e)
Setbacks. There shall be a front yard setback
of at least 50 feet and side and rear yard minimum setbacks of 40
feet from streets and exterior tract boundaries. The minimum setbacks
from private roads and interior parking areas (curbline) shall be
25 feet.
(f)
Height. The maximum building height shall be
2 1/2 stories and in no event shall the height exceed 35 feet.
[Amended 3-5-2007 by Ord. No. 2007-4[2]]
[2]
Editor's Note: This ordinance also provided that any building
or structure located in any of the zones covered by this ordinance
as of the effective date of this ordinance or any building or structure
for which all necessary Planning Board and/or Zoning Board approvals
have been obtained as of the effective date of this ordinance that
was in full compliance with the requirements in place prior to the
adoption of this ordinance but, as a result of this ordinance, no
longer meets the building height requirements, shall constitute a
conforming structure.
(5)
For multiple-family condominium buildings:
(a)
Dwelling units may be contained in a building
with a maximum length of 260 feet, provided that there are no more
than two consecutive units without at least a two-foot offset in the
building line.
(b)
Distance between buildings shall be a minimum
of 50 feet.
(c)
No more than 20 dwelling units shall be contained
in a single building.
(d)
Setbacks. There shall be a front yard setback
of at least 50 feet and side and rear yard minimum setbacks of 40
feet from streets and exterior tract boundaries. The minimum setbacks
from private roads and interior parking areas (curbline) shall be
25 feet.
(e)
Height. The maximum building height shall be
three stories and in no event shall the height exceed 35 feet.
[Amended 3-5-2007 by Ord. No. 2007-4[3]]
[3]
Editor's Note: This ordinance also provided that any building
or structure located in any of the zones covered by this ordinance
as of the effective date of this ordinance or any building or structure
for which all necessary Planning Board and/or Zoning Board approvals
have been obtained as of the effective date of this ordinance that
was in full compliance with the requirements in place prior to the
adoption of this ordinance but, as a result of this ordinance, no
longer meets the building height requirements, shall constitute a
conforming structure.
(6)
Setbacks for accessory structures.
(a)
Front yard and side yard. The minimum front
yard and side yard setbacks shall be the same as that required for
principal structures in this zone.
(b)
The minimum rear yard setback shall be 10 feet
for accessory structures, including but not limited to gazebos, sheds
and docks. Where a rear yard is adjacent to a wetland buffer area
not owned by the residential lot owner, a park or common area, the
rear yard setback shall be five feet.
The Senior Citizen Multifamily District II,
hereinafter referred to as "SCMFD-II," is defined as a community having
one or more adjacent parcels of land with a total acreage of at least
60 acres to be dedicated to the use of a senior citizen multifamily
community. For purposes of this section, parcels of land separated
only by public streets or other rights-of-way are considered adjacent.
Said land shall be restricted by bylaws, rules, regulations and restrictions
of record to use by permanent residents 55 years of age or older,
as further defined under the United States Fair Housing Act, as amended.
B.
Permitted accessory uses.
(1)
Necessary accessory buildings and uses, including
facilities for maintenance.
(2)
Permanent entrance or project signs if approved by
the Planning Board.
(3)
Noncommercial swimming pools, tennis courts and other
recreational facilities for the exclusive use of residents and their
guests.
(4)
Off-street parking facilities and, in association
with units, noncommercial parking garages for the exclusive use of
site residents only.
(5)
Fences, as regulated in this chapter.
C.
The minimum lot, bulk and setback requirements shall
be:
(1)
Density. No more than 1.9 units shall be permitted
per gross acre of the entire tract with a maximum of 126 units in
total.
(2)
Lot coverage. The maximum lot coverage of all buildings
shall be 20% of the entire tract.
(3)
For attached single-family duplex units:
(a)
Minimum lot size. The minimum lot size shall
be 4,000 square feet.
(b)
Setbacks.
[1]
Front yard. The minimum front yard setback shall
be 20 feet.
[2]
Side yard. The minimum side yard setback shall
be zero feet; the minimum total for two side yards is 10 feet.
[3]
Rear yard. The minimum rear yard setback shall
be 20 feet.
[4]
From exterior tract boundary. The minimum setback
shall be 60 feet.
(c)
Lot width. The minimum lot width shall be 30
feet which shall be measured from the front setback line of the home.
(d)
Lot depth. The minimum lot depth shall be 90
feet.
(e)
Maximum lot coverage by buildings and structures:
40%. An additional 15% lot coverage allowance will be provided for
driveways, sidewalks, patios and decks and similar appurtenances.
(f)
Height. The maximum building height shall be
2 1/2 stories and in no event shall the height exceed 35 feet.
[Amended 3-5-2007 by Ord. No. 2007-4[2]]
[2]
Editor's Note: This ordinance also provided that any building
or structure located in any of the zones covered by this ordinance
as of the effective date of this ordinance or any building or structure
for which all necessary Planning Board and/or Zoning Board approvals
have been obtained as of the effective date of this ordinance that
was in full compliance with the requirements in place prior to the
adoption of this ordinance but, as a result of this ordinance, no
longer meets the building height requirements, shall constitute a
conforming structure.
(4)
For clustered townhouses:
(a)
No building shall be designed for or occupied
by more than eight families.
(b)
No building shall exceed 160 feet in length
in its longest dimension; provided, however, that buildings may exceed
the foregoing length so long as they do not contain more than six
units.
(c)
There shall be no fewer than two exterior exposures
for each unit, each of which shall be properly placed so as to provide
thorough ventilation for each unit.
(d)
With respect to clustered townhouses, the distance
between two adjacent buildings side to side shall not be less than
30 feet. The distance between two adjacent buildings rear to rear
shall not be less than 50 feet and side to rear shall not be less
than 30 feet.
(e)
Setbacks. There shall be a front yard setback
of at least 50 feet and side and rear yard minimum setbacks of 40
feet from streets and exterior tract boundaries. The minimum setbacks
from private roads and interior parking areas (curbline) shall be
25 feet.
(f)
Height. The maximum building height shall be
2 1/2 stories and in no event shall the height exceed 35 feet.
[Amended 3-5-2007 by Ord. No. 2007-4[3]]
[3]
Editor's Note: This ordinance also provided that any building
or structure located in any of the zones covered by this ordinance
as of the effective date of this ordinance or any building or structure
for which all necessary Planning Board and/or Zoning Board approvals
have been obtained as of the effective date of this ordinance that
was in full compliance with the requirements in place prior to the
adoption of this ordinance but, as a result of this ordinance, no
longer meets the building height requirements, shall constitute a
conforming structure.
(5)
For multiple-family condominium buildings:
(a)
Dwelling units may be contained in a building
with a maximum length of 260 feet, provided that there are no more
than two consecutive units without at least a two-foot offset in the
building line.
(b)
Distance between buildings shall be a minimum
of 50 feet.
(c)
No more than 20 dwelling units shall be contained
in a single building.
(d)
Setbacks. There shall be a front yard setback
of at least 50 feet and side and rear yard minimum setbacks of 40
feet from streets and exterior tract boundaries. The minimum setbacks
from private roads and interior parking areas (curbline) shall be
25 feet.
(e)
Height. The maximum building height shall be
three stories and in no event shall the height exceed 35 feet.
[Amended 3-5-2007 by Ord. No. 2007-4[4]]
[4]
Editor's Note: This ordinance also provided that any building
or structure located in any of the zones covered by this ordinance
as of the effective date of this ordinance or any building or structure
for which all necessary Planning Board and/or Zoning Board approvals
have been obtained as of the effective date of this ordinance that
was in full compliance with the requirements in place prior to the
adoption of this ordinance but, as a result of this ordinance, no
longer meets the building height requirements, shall constitute a
conforming structure.
(6)
Setbacks for accessory structures.
(a)
Front yard and side yard. The minimum front
yard and side yard setbacks shall be the same as that required for
principal structures in this zone.
(b)
The minimum rear yard setback shall be 10 feet
for accessory structures, including but not limited to gazebos, sheds
and decks. Where a rear yard is adjacent to a wetland buffer area
not owned by the residential lot owner, a park or common area, the
rear yard setback shall be five feet.
[1]
Editor's Note: This ordinance also included
a provision that it shall not take effect until approval has been
received by the Council on Affordable Housing authorizing its implementation,
in conjunction with a final grant of substantive certification from
COAH.
The Multifamily/Patio Home District, hereinafter
referred to as "MFPHD," is defined as a community having one or more
adjacent parcels of land with a total acreage of at least 70 acres
to be dedicated to the use of a residential community. For purposes
of this section, parcels of land separated only by public streets
or other rights-of-way are considered adjacent.
A.
Affordable housing provisions. There shall be an obligation
to provide that a minimum of the greater of 49 units or 22% of all
units shall be affordable rentals to moderate- and low-income households
as defined by the New Jersey Council on Affordable Housing (COAH).
C.
Permitted accessory uses.
(1)
Necessary accessory buildings and uses, including
facilities for maintenance.
(2)
Permanent entrance or project signs if approved by
the Planning Board.
(3)
Noncommercial swimming pools, tennis courts, clubhouses
and other recreational facilities for the exclusive use of residents
and their guests.
(4)
Off-street parking facilities and, in association
with units, no rural parking garages for the exclusive use of site
residents only.
(5)
Fences, as regulated in this chapter.
D.
The minimum lot, bulk and setback requirements shall
be:
(1)
Density. No more than 2.9 units shall be permitted
per gross acre of the entire tract with a maximum of 221 units in
total.
(2)
Lot coverage. The maximum lot coverage of all buildings
shall be 30% of the entire tract.
(3)
For townhouses/patio homes:
(a)
No building shall be designed for or occupied
by more than eight families.
(b)
No building shall exceed 160 feet in length
in its longest dimension; provided, however, that buildings may exceed
the foregoing length so long as they do not contain more than six
units.
(c)
There shall be no fewer than two exterior exposures
for each unit, each of which shall be properly placed so as to provide
thorough ventilation for each unit.
(d)
With respect to townhouses/patio homes, the
distance between two adjacent buildings side to side shall not be
less than 30 feet. The distance between two adjacent buildings rear
to rear shall not be less than 50 feet and side to rear shall not
be less than 30 feet.
(e)
Setback. There shall be a front yard setback
of at least 50 feet and side and rear yard minimum setbacks of 40
feet from streets and exterior tract boundaries. The minimum setbacks
from private roads and interior parking areas (curbline) shall be
25 feet.
(f)
Height. The maximum building height shall be
three stories and in no event shall the height exceed 35 feet. Said
height may be increased to 40 feet for aesthetic purposes only if
approved by the reviewing board.
[Amended 3-5-2007 by Ord. No. 2007-4[2]]
[2]
Editor's Note: This ordinance also provided that any building
or structure located in any of the zones covered by this ordinance
as of the effective date of this ordinance or any building or structure
for which all necessary Planning Board and/or Zoning Board approvals
have been obtained as of the effective date of this ordinance that
was in full compliance with the requirements in place prior to the
adoption of this ordinance but, as a result of this ordinance, no
longer meets the building height requirements, shall constitute a
conforming structure.
(4)
For multiple-family condominium buildings:
(a)
Dwelling unite may be contained in a building
with a maximum length of 260 feet, provided that there are no more
than two consecutive units without at least a two-foot offset in the
building line.
(b)
Distance between buildings shall be a minimum
of 50 feet.
(c)
No more than 25 dwelling units shall be contained
in a single building.
(d)
Setbacks. There shall be a front yard setback
of at least 50 feet and side and rear yard minimum setbacks of 40
feet from streets and exterior tract boundaries. The minimum setbacks
from private roads and interior parking areas (curbline) shall be
25 feet.
(e)
Height. The maximum building height shall be
three stories and in no event shall the height exceed 35 feet. Said
height may be increased to 40 feet for aesthetic purposes only if
approved by the reviewing board.
[Amended 3-5-2007 by Ord. No. 2007-4[3]]
[3]
Editor's Note: This ordinance also provided that any building
or structure located in any of the zones covered by this ordinance
as of the effective date of this ordinance or any building or structure
for which all necessary Planning Board and/or Zoning Board approvals
have been obtained as of the effective date of this ordinance that
was in full compliance with the requirements in place prior to the
adoption of this ordinance but, as a result of this ordinance, no
longer meets the building height requirements, shall constitute a
conforming structure.
(5)
Setbacks for accessory structures.
(a)
Front yard and side yard. The minimum front
yard and side yard setbacks shall be the same as that required for
principal structures in this zone.
(b)
The minimum rear yard setback shall be 10 feet
for accessory structures, including but not limited to gazebos, sheds
and decks. Where a rear yard is adjacent to a wetland buffer area
not owned by the residential lot owner, a park or common area, the
rear yard setback shall be five feet.
[1]
Editor's Note: This ordinance also included
a provision that it shall not take effect until approval has been
received by the Council on Affordable Housing authorizing its implementation,
in conjunction with a final grant of substantive certification from
COAH.
[Added 2-12-2009 by Ord. No. 2009-3]
The following regulations shall apply in the Multifamily District
IV:
B.
Permitted accessory uses: noncommercial swimming pools, tennis courts
and other recreational facilities for the exclusive use of residents
and their guests, off-street parking facilities and, in association
with units, noncommercial parking garages for the exclusive use of
site residents only.
C.
For any units to be developed in this district, the following regulations
and provisions shall apply:
(1)
Minimum lot size. No building which is intended or designed
to be used, in whole or in part, as a unit herein shall be erected
or constructed upon a lot containing an area of less than 10 acres.
(2)
With respect to clustered townhouses and buildings containing
low- and moderate-income units only, the distance between two adjacent
buildings side to side shall not be less than 30 feet. With respect
to garden apartments, the average distance between two adjacent buildings
shall not be less than 1 1/2 times the height of the taller adjacent
building, but in no instance shall the distance be less than 30 feet.
With respect to estate homes, the distance between two adjacent buildings
side to side shall not be less than 10 feet. With respect to clustered
townhouses, the distance between two adjacent buildings rear to rear
shall not be less than 50 feet and side to rear shall not be less
than 30 feet. With respect to estate homes, the distance between two
adjacent buildings rear to rear shall not be less than 50 feet and
side to rear shall not be less than 25 feet.
(3)
Density. No more than eight units shall be permitted per gross
acre.
(4)
Rooms. Each separate dwelling unit shall contain separate bedroom,
separate bathroom, separate living room and separate kitchen facilities,
which kitchen facilities all being located separate and apart from
other rooms. A bedroom shall be construed as any separate room, other
than a dining room, kitchen or bathroom.
(5)
Lot coverage. The maximum lot coverage of buildings shall be
20%.
(6)
Open space. The minimum percent of the required open space of
the total area of the tract shall be not less than 40%.
(7)
Building plan. Building elevations and floor plans for each
typical unit shall be required.
(8)
Height. The height of the habitable part of the building shall
not exceed three stories, and the total height of the building shall
not exceed 35 feet. No basement units shall be permitted.
(9)
Sound control. All units shall be designed and constructed with
a soundproofing barrier between adjoining units with a sound transmission
as tested by the American Society for Testing and Materials (E-90).
(10)
Energy conservation. Where practical, all units shall be oriented
to the greatest extent feasible so as to maximize sun exposure as
per the guidelines published by the New Jersey Department of Community
Affairs.
(11)
Recreational facilities. Both active and passive recreational
facilities shall be provided with the approval of the Planning Board.
Recreational requirements, as set forth by the Planning Board, shall
be met and developed with facilities suitable to serve the residents
of the dwelling units. Said facilities shall be located so as not
to be detrimental to adjacent property owners by virtue of noise,
light, glare of any other objectionable features emanating therefrom.
(12)
Minimum frontage. Minimum road frontage shall be 400 feet.
(13)
Parking. All parking facilities shall have adequate screening
and landscaping.
(14)
Setbacks. There shall be a front yard setback of at least 50
feet and side and rear yard minimum setbacks of 40 feet from streets.
The minimum setbacks from private roads and interior parking areas
(curbline) shall be 25 feet.
(15)
Buffer and landscaping. All areas of a development not used for the construction of buildings, roads, accessways, parking area or sidewalks shall be fully landscaped. Where a development boundary line abuts a lot in a residential zone, which lot is not owned by the developer, there shall not be cut, uprooted, destroyed or taken away any existing trees, shrubbery or other plantings within the area of 60 feet inside the boundary line of the development abutting a residential lot. If no adequate trees, shrubs or other plantings exist in the sixty-foot area in the natural state of the premises before the development, the area shall be provided with an adequate approved planting plan to provide a belt of screening within the sixty-foot area in accordance with § 220-100 of this chapter. Where a development boundary line abuts a lot in a multifamily district residential zone, the sixty-foot area described above shall be reduced to 40 feet.
(16)
Interior roads. All roads and other accessways within the development
shall be private roads constructed, paved and curbed to a width of
not less than 30 feet. All private roads shall have a minimum radius
at the center line of the road of 50 feet and a minimum curb return
radius at intersections of 25 feet. A minimum center line tangent
of at least 50 feet shall be introduced between reverse curves on
all such roads. Driveways serving more than one estate home shall
be private roads constructed, paved and curbed to a width of not less
than 24 feet, with a maximum length of 200 feet (measured from the
private road curbline to the beginning of the turnaround area) and
a minimum turnaround area of not less than 50 feet by 50 feet. At
the developer's option, public roads may be installed to Township
standards. All such construction, paving and curbing shall be completed
in accordance with the Subdivision Regulations of Marlboro Township.
(17)
Parking. No parking shall be permitted on any road or accessway
within the development All parking shall be confined to the areas
specifically designated on the site plan for that purpose. Parking
spaces of nine feet by 18 feet for each car shall be required to the
extent of 2.35 spaces per unit. If garages are provided, each garage
may be counted for the equivalent of one parking space for the purpose
of this provision.
(18)
Principal buildings.
(a)
No principal building shall:
[1]
Be designated for or occupied by more than 24 families.
[2]
Exceed 170 feet in length in its longest dimension;
provided, however, that buildings containing townhouse units only
may exceed the foregoing length so long as they do not contain more
than six units.
[3]
Allow or contain outside television antennas. All
television antenna requirements shall be built into the building to
eliminate individual antennas being upon the roof. This subsection
shall not apply to a common antenna tower.
[4]
Allow any air-conditioning unit to project more
than six inches from the face of the wall of the building on which
it is installed.
(b)
Roof design and construction must be other than a flat roof.
(c)
The elevation and setbacks should be varied.
(19)
Utilities. For all developments, the applicant for the site
plan approval shall arrange with the serving utility for the underground
installation of the utilities distribution supply of the applicable
standard terms and conditions incorporated as part of its tariff on
file with the State of New Jersey Board of Public Utility Commissioners
and shall submit to the Planning Board prior to the granting of site
plan approval a written instrument from each serving utility which
shall evidence full compliance with the provisions of this subsection;
provided, however, that sites which abut existing streets where overhead
electric or telephone distribution supply lines have therefor been
installed on any portion of the streets involved may be supplied with
electric and telephone service from the overhead lines of extensions,
but the service connections from the utilities' overhead lines shall
be installed underground.
(20)
Application fees concerning the Mt. Laurel II proposals (low-
and moderate-income housing units only) shall be waived. Application
fees for the balance of the project shall apply.
(21)
Fire walls. There shall be a fire wall between each unit.
(22)
Detention/retention facilities. Notwithstanding anything contained elsewhere in this Chapter 220, in those instances in which adjacent conditions [such as existing retention basin(s)] impact upon the design and/or location of drainage facilities, the Board may, in its discretion, permit:
(a)
The top of the excavation or the toe of the outside slope to
be set back 25 feet from an adjoining property line of a lot on which
there is multifamily residential use.
(b)
The edge of the design high water for detention/retention basins
to be set back 50 feet from existing or proposed dwelling units.
(c)
The top of the excavation or the toe of the outside slope to
be set back 25 feet from the edge of the pavement from adjoining roads.
(d)
Wet detention/retention basins.
(23)
A clubhouse shall be provided at a minimum of 10 square feet
of clubhouse floor area per residential unit.
(24)
Parking requirements for clubhouses and pools shall be one parking
space per 360 square feet of clubhouse and/or pool area.
D.
Affirmative devices requirements. All requirements contained in § 220-69A of this chapter shall apply in the MFD-IV Zone, except that a minimum of 20% of all units proposed to be constructed on site shall be affordable to moderate- and low-income households as defined by the United States Department of Housing and Urban Development and the Council on Affordable Housing ("COAH"). The project known as "Northpointe" proposed for the property known as Block 143, Lots 1.02 and 12, on the Official Tax Map of the Township of Marlboro, Monmouth County, New Jersey, shall be developed as multifamily residential housing with 299 market-rate rental or for-sale units and 85 affordable housing family rental units to be built on site.
E.
The requirements found in the Marlboro Township Code at § 220-137D(8) to locate trees of nine-inch caliper or more shall be waived, provided that the applicant submits representative samplings that are found to be acceptable by the Planning Board.
F.
The requirements found in the Marlboro Township Code at § 220-35D(24)(e) requiring maximum lawn grades of 4:1 shall be waived and a ratio of 3:1 shall be provided instead.
I.
The requirements found in the Marlboro Township Code at § 220-35F regarding stream corridor buffer setbacks shall not apply within the MFD-IV Zone District.
J.
The requirements found in the Marlboro Township Code at § 220-96D(1) regarding pool size are not applicable within the MFD-IV Zone District. However, a minimum of six square feet of pool area per unit shall be required.[3]
[3]
Editor’s Note: Former § 220-75.2, AH-TR Affordable
Housing - Ticetown Road District, added 3-5-2009 by Ord. No. 2009-6,
and which immediately followed this section, was repealed 4-15-2010
by Ord. No. 2010-6.
A Planned Adult Community District, hereinafter
referred to as "PAC," is defined as a community having one or more
parcels of land with a total acreage of at least 75 acres forming
a land block to be dedicated to the use of a planned adult community
through its corporation association or owners. Said land shall be
restricted by bylaws, rules, regulations and restrictions of record
to use by permanent residents in their adult years. Ownership of the
residential units and the area comprising a PAC may be in accordance
with the provisions of N.J.S.A. 46:8B-1 et seq., or the ownership
may be as is commonly referred to as "fee simple" with open space
to be maintained through assessment against property owners within
the confines of the community of not less than 48 years of age.
A.
Permitted uses.
(1)
Single-family detached dwellings developed pursuant to the requirements and conditions contained in Subsection S hereafter.
(2)
PAC single-family dwellings.
(3)
Recreational and cultural facilities for the sole
use of the residents of the community and their guests, including
the following: clubhouse, swimming pool, shuffleboard courts and picnic
grounds. Recreational and cultural facilities shall not be limited
to the foregoing, so that the applicant may propose additional facilities
with its application. All such facilities shall be subordinated to
the residential character of the community and no advertising shall
be permitted.
B.
Permitted accessory uses. Necessary accessory buildings
and uses shall be permitted, including facilities for maintenance,
administration, streets and off-street parking facilities and utilities.
C.
Minimum land area: 75 contiguous acres.
D.
There shall be no more than four dwelling units per
acre. The same shall be calculated by dividing the proposed number
of dwelling units by the number of acres in the development.
E.
Minimum lot area: 5,000 square feet.
F.
Maximum building height: 35 feet.
G.
Single-family dwelling setbacks. Front yards, side
yards and rear yards of single-family dwelling buildings shall comply
with the following minimum dimensions:
(1)
Front yard setbacks.
(a)
Units of 1,100 square feet to 1,250 square feet
shall have a setback of at least 30 feet.
(b)
Units of 1,251 square feet to 1,400 square feet
shall have a setback of at least 25 feet.
(c)
Units of 1,401 square feet or larger shall have
a setback of at least 20 feet.
(d)
At all times any two contiguous units must have
a five-foot difference in setback regardless of the size of the units.
(2)
A side yard shall be a minimum of eight feet, with
a total of both side yards being 20 feet on each lot. In no event,
however, shall buildings be less than 20 feet apart.
(3)
Rear yard setbacks shall be 20 feet for principal
buildings and 12 feet for accessory buildings. For the purpose of
this zone, pergolas and roofs over patios or decks shall be considered
accessory buildings.
[Amended 6-16-1988 by Ord. No. 30-88; 8-18-1988 by Ord. No.
37-88; 9-24-1992 by Ord. No. 25-92]
(4)
Where a rear yard is adjacent to common property,
then the setback for patios and decks shall be five feet.
[Added 7-20-1989 by Ord. No. 29-89]
H.
Buffer zone. No building or structure other than entrances,
gatehouses, walls and fences shall be located within 75 feet of any
exterior boundary line of the tract.
I.
Minimum floor space per dwelling unit: 1,100 square
feet.
J.
Minimum off-street parking requirements. Not less
than 1 1/2 spaces of off-street parking shall be provided for
each dwelling unit. Off-street parking shall be in general conformance
with the requirements of this chapter. For the purposes of this section,
a "parking space" is defined as being an area of 200 square feet and
may be included in an attached or detached garage or carport.
K.
Streets may be either dedicated to the public use
or private in nature, at the option of the Planning Board. In any
event, same shall be constructed in accordance with the provisions
of the subdivision regulations. With the exception of those roads
which are required to be dedicated to public use by either the Planning
Board or the Township Council or the County of Monmouth, all roads
are to remain private roadways and are to be the property and responsibility
of a homeowners' association or analogous body for the care and maintenance
of the roadways, green areas and recreational facilities. Provisions
shall be made for the permanent maintenance of private roadways within
a PAC so that such roadways shall not become the obligation of the
Township of Marlboro.
L.
Buffer zones. There shall be provided an adequate
buffer zone along the exterior boundary lines of a PAC, which street
buffer zone shall consist of fencing or planting, or a combination
of both, the design and adequacy of which shall be determined by the
Planning Board of the Township of Marlboro.
M.
Water and sewer facilities. No individual wells or
individual sewage disposal systems shall be permitted. Each dwelling
unit shall be serviced by a central water system and a central waste
disposal system approved by the Planning Board or the Township Council.
The implementation and placement of these facilities shall be subject
to the requirements of the subdivision regulations of this chapter.
N.
Improvements. All improvements shall be subject to
the standards of the subdivision regulations of this chapter.
O.
Maintenance of association-owned properties. The maintenance
of the green areas, private roadways, driveways, common courtyards,
recreational areas, lakes and other improvements not intended to be
individually owned shall be provided by an association organized under
the Nonprofit Corporation Statute of the State of New Jersey (Title
15) and formed for that purpose. The applicant shall, in the form
of restrictions and covenants to be recorded, provide that title to
the aforesaid enumerated areas shall be conveyed to said association,
whose members shall be owners of lots other persons as a majority
of the members shall designate from time to time by duly adopted bylaws.
Said restrictions and covenants shall also provide that in the event
the nonprofit association shall cease to function through lack of
participation of the members or be dissolved, the Township of Marlboro
shall have the right by special assessment to assess the lot owners
in the development or tract, annually, a sum of money which would
be sufficient to pay the taxes on said park, recreational and other
areas and for the proper upkeep, maintenance and preservation of same.
Such restrictions and covenants shall further provide that the same
shall not be altered, amended, voided or released in whole or in part
without the written consent of the Township of Marlboro by resolution
duly adopted at a regular meeting of the Township Council and except
upon proper notice being given by the applicant or any other party
in interest to all owners of lots in the PAC.
P.
Recreational areas.
(1)
There shall be in each PAC at least one clubhouse
or community building. There shall be at least 15 square feet of clubhouse
building space provided for each proposed dwelling unit. The clubhouse
shall be completed and in operation before the 100th dwelling unit
has been completed and a certificate of occupancy issued therefor.
Each clubhouse shall be provided with adequate parking of at least
50 spaces and an overflow area to total one parking space for every
four seats.
(2)
Each PAC shall provide a site or sites for recreational
facilities for the use of its residents. Recreational facilities shall
include but shall not be limited to such facilities as shuffleboard
lanes, barbecue grills, picnic benches and indoor recreation facilities.
All grounds surrounding recreational and administrative facilities
shall be appropriately landscaped and shall be provided with adequate
walkways. Underground irrigation shall be installed for such areas.
(3)
Where a PAC is a conventional fee simple development,
plat plans shall indicate that recreational areas and green areas
shall be dedicated to a homeowners' association or analogous body.
(4)
Only those improvements and facilities which are to
be dedicated to public use shall be bonded by the applicant.
Q.
Procedural requirements.
(1)
All subdivision plans and site plans shall be submitted
to the Planning Board and to the Township Council in accordance with
the requirements of the subdivision regulations of this chapter. Where
facilities proposed to be built are other than residential dwellings,
site plans shall be submitted in conformance with this chapter.
(2)
At such time as the applicant or developer shall submit
a subdivision plan for preliminary approval or site plan for approval,
the following shall also be submitted:
(3)
Said documents shall be forwarded to the Planning
Board and shall be subject to the review of the Planning Board and
of the Township Council as to their adequacy in ensuring that the
community shall be constituted so as to be consistent with the purposes
and requirements of this section. The proposed documents and restrictions
shall indicate a comprehensive and equitable program for the orderly
transition of control over the homeowners' association from the applicant
or the developer to the actual homeowner in the community.
(4)
In addition to the foregoing, it shall be mandatory
for any applicant to provide the Planning Board and the Township Council
with copies of all submissions to be made to any state agency, pursuant
to the Retirement Community Full Disclosure Act, at all stages of
development.
R.
Required land use development staging. The applicant shall comply with the requirements of § 220-66C.
S.
Schedule of minimum requirements: single-family dwellings
(nonadult community).
(1)
Maximum density for single-family residences shall
be two units per acre.
(2)
Minimum lot area shall be 15,000 square feet.
(3)
Minimum lot width for interior lots shall be 100 feet;
minimum lot frontage for corner lots shall be 125 feet.
[Amended 6-24-1993 by Ord. No. 33-93]
(4)
Minimum lot depth shall be 120 feet.
(5)
Minimum lot frontage for interior lots shall be 100
feet; minimum lot frontage for corner lots shall be 125 feet.
[Amended 6-24-1993 by Ord. No. 33-93]
(6)
Minimum front yard setback shall be 35 feet.
(7)
Minimum side yard setback shall be 10 feet for one
side yard, total of 25 feet for both sides.
(8)
Minimum rear yard setback shall be 30 feet.
(9)
Maximum building height shall be 35 feet for principal
building and 15 feet for accessory building.
(10)
Maximum percentage of lot coverage shall be
28%.
[Amended 10-22-1992 by Ord. No. 37-92]
(11)
Minimum floor area shall be 1,500 square feet.
A.
The PAC-II Planned Adult Community District is hereby established and shall be governed by the following development standards. In the case of a conflict between the regulations contained herein and those contained in other sections of this chapter, the provisions herein shall take precedence and be applicable. Furthermore, the provisions of § 220-35D(24)(e) and § 220-69 shall not apply.
B.
Permitted uses. The following uses shall be permitted:
C.
Permitted accessory uses. The following accessory
uses shall be permitted:
[Amended 9-25-1997 by Ord. No. 21-97]
(1)
Attached garages for the exclusive use of residents.
(2)
In addition, for single-family detached dwellings and single-family houses with zero lot lines only, all accessory uses permitted in the LC Land Conservation District under § 220-47B.
(3)
Fences for zero lot line homes.
(a)
Fences as accessory uses for zero lot line homes
shall be erected only within the rear yard as defined in this chapter.
(b)
No fences shall be erected in either the front
yard or side yard as defined in this chapter.
(c)
All fences shall be erected within property
lines.
(d)
Fences shall not be erected between any two
principal structures if the distance between the two structures is
less than 30 feet.
(e)
Any decisions regarding placement of fences
shall be subject to the more restrictive provisions of this chapter.
(4)
Fences for attached homes with patios.
(a)
Fences shall only be erected in a rear yard
as defined in this chapter.
(b)
No fences shall be erected in either the front
yard or side yard as defined in this chapter.
(c)
In order to enable access to interior rear yards,
a property owner shall place a fence a minimum of four feet from the
rear property line to allow free passage to the interior lots. This
passageway may not be blocked by any permanent or temporary structure
or any planting which will inhibit free passage of people and equipment,
such as lawn mowers. No decks, tables, chairs, swing sets, sheds or
plantings may block this four-foot-wide path.
D.
Maximum density. The maximum density permitted in
the PAC-II Zone shall be as permitted by judgment of the Superior
Court of New Jersey, Law Division, in the case known as Kaplan, et
al. vs. Marlboro Township, bearing Docket No. L-039596-84, dated December
24, 1985, as the same may be amended by order from time to time.
E.
Minimum tract area shall be 10 acres.
F.
Bulk design and buffer standards.
(1)
For single-family attached dwellings with patios,
townhouses and Mount Laurel age-restricted dwelling units (permitted
in Block 412, Lots 164, 165 and 166, and Block 413, Lot 24, only):
(a)
Buffers.
[1]
There shall be a minimum sixty-foot buffer to
adjacent residential uses or zones with lesser density located outside
the PAC II Zone.
(b)
The number of dwelling units in a building will be as permitted by the judgment of the Superior Court referenced in Subsection C above, as the same may be amended by order from time to time.
(c)
Front yard setback shall be a minimum of 25
feet.
(d)
Rear yard setback shall be a minimum of 20 feet
from other lots in tract, except that no more than 5% of the units
may have a minimum rear yard setback of 15 feet, providing just cause,
and 50 feet from a zone boundary; 60 feet from a tract boundary where
a sixty-foot buffer is required; setback may include buffer area.
[Amended 9-22-1994 by Ord. No. 24-94]
(e)
Lot area shall be a minimum of 2,500 square
feet for single-family attached dwellings with patios.
(f)
Building height shall be a maximum of 2 1/2
stories but not to exceed 35 feet.
(g)
Lot coverage shall be a maximum of 50% for single-family
attached dwellings with patios, excluding driveways, sidewalks, service
walks, patios and decks.
(h)
Distance between buildings shall be a minimum
of 30 feet, except that age-restricted low- and moderate-income dwelling
units shall be a minimum of 50 feet.
(i)
Dwelling units may be contained in a building
with a maximum length of 260 feet, provided that there are no more
than two consecutive units without at least a two-foot offset in the
building line.
(j)
Parking requirements. Parking requirements shall
be as follows:
[1]
For dwelling units without attached garages:
2 1/2 spaces per dwelling unit in driveways or on streets, except
that age-restricted low- and moderate-income units shall provide 1 3/4
spaces per dwelling unit.
[2]
For dwelling units with a one-car garage: one
additional space per dwelling unit in each driveway plus 1/2 space
per unit in the street.
[3]
For dwelling units with a two-car garage: no
additional parking required.
(k)
Roadways.
[1]
Thirty-foot width shall be required where parallel
parking is forbidden.
[2]
Thirty-six-foot width shall be required for
public or private roads where on-street parallel parking is allowed.
[3]
Design shall assume up to a thirty-five-miles-per-hour
design speed for minor collector streets and 25 miles per hour for
local streets.
[4]
Sight triangles shall be 90 feet by 90 feet
for interior local roads, except where a stop sign is warranted and
provided, in which case a sixty-foot-by-sixty-foot sight triangle
will be permitted.
[Added 9-22-1994 by Ord. No. 24-94]
(l)
Dead-end streets. Dead-end streets shall be
permitted as follows:
[1]
A reasonable turnaround area shall be provided
to accommodate emergency vehicles in the form of a cul-de-sac, hammerhead
turnaround or other generally recognized roadway design.
[2]
The length of the street leading to the age-restricted
low- and moderate-income dwellings shall be permitted to exceed the
cul-de-sac maximum street length standards otherwise set forth in
this chapter.
(m)
Design standards.
[Added 10-13-1994 by Ord. No. 27-94]
[1]
Minimum center-line radius of roads shall be
125 feet.
(o)
Location of trees. The number, location, species
and diameter of all existing trees having a diameter of nine inches
or more at a height of 12 inches from the base of planting within
the street rights-of-way or area of lot clearance shall be estimated
using a methodology approved by the Planning Board environmental consultant.
[Added 11-3-1994 by Ord. No. 28-94]
(2)
For single-family detached dwellings and single-family
detached dwellings with zero lot lines, requirements shall be as follows:
(a)
Lot, bulk and setback requirements.
[1]
Lot area: a minimum of 4,000 square feet.
[2]
Lot width: a minimum of 30 feet at front setback.
[3]
Lot depth: a minimum of 90 feet.
[4]
Front yard setback: a minimum of 20 feet.
[5]
Side yard setback: a minimum of zero feet for
one side for zero lot line dwellings; a total of 10 feet for both
sides; 10 feet for other single-family detached dwellings.
[6]
Rear yard setback: a minimum of 20 feet.
[7]
Lot coverage: a maximum of 45% for building,
excluding driveways, sidewalks, service walks, patios and decks.
[8]
Building height: a maximum of 2 1/2 stories
but not to exceed 35 feet.
(b)
Design standards.
(c)
Buffers: The provisions of § 220-77F(1)(a) shall apply.
(d)
Roadways.
[Added 10-13-1994 by Ord. No. 27-94]
[1]
Thirty-foot width shall be required where parallel
parking is forbidden.
[2]
Thirty-six-foot width shall be required for
public or private roads where on-street parallel parking is allowed.
[3]
Design shall assume a thirty-five-miles-per-hour
design speed for minor collector streets and 25 miles per hour for
local streets.
[4]
Sight triangles shall be 90 feet by 90 feet
for interior local roads, except where a stop sign is warranted and
provided, in which case a sixty-foot-by-sixty-foot sight triangle
will be permitted.
(e)
Dead-end streets. Dead-end streets shall be
permitted as follows:
[Added 10-13-1994 by Ord. No. 27-94]
[1]
A reasonable turnaround area shall be provided
to accommodate emergency vehicles in the form of a cul-de-sac, hammerhead
turnaround or other generally recognized roadway design.
(f)
Location of trees. The number, location, species
and diameter of all existing trees having a diameter of nine inches
or more at a height of 12 inches from the base of planting within
the street right-of-way or area of lot clearance shall be estimated
using a methodology approved by the Planning Board environmentalist.
[Added 11-3-1994 by Ord. No. 28-94]
(g)
Accessory structure setbacks.
[Added 10-23-1997 by Ord. No. 24-97]
(3)
Affirmative devices and Mount Laurel phasing requirements.
(a)
Development of Block 412, Lots 164, 165 and
166, and Block 413, Lot 24, shall include 79 low- and moderate-income
housing units as defined by the New Jersey Council on Affordable Housing
(COAH) with 29% of the units to be affordable to low-income families
and 71% to be affordable to moderate-income families. Affirmative
devices shall be required and deed restrictions shall be implied in
accordance with COAH rules in effect at the time of final approval.
(b)
The additional 63 low- and moderate-income units required on this site by the consent order for final judgment, dated December 24, 1985, in Kaplan, et al. vs. Marlboro Township, Superior Court of New Jersey, Law Division, Docket No. L-039596-84 and incorporated by reference in § 220-34E, may be transferred pursuant to a regional contribution agreement as permitted by the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
(c)
Phasing requirements for low- and moderate-income
dwellings shall be as set forth in Paragraph 6 of the Consent Order
Modifying Final Judgment, dated June 5, 1990, in Kaplan, et al. vs.
Marlboro Township, Superior Court of New Jersey, Law Division, Docket
No. L-039596-84.
(4)
Since the development of this zone represents a scaling down of development otherwise required by the court order dated December 24, 1985, as amended on June 5, 1990, and since such development is required by these court orders to be free of cost-generative devices, no requirement for a contribution for detention of stormwater, as set forth in § 220-18C(5) and (6) and Schedule C,[2] or any other contribution for infrastructure improvements contained in any ordinance adopted after December 24, 1985, the date of the initial Mount Laurel II judgment incorporated in § 220-34E, shall apply to any development in the PAC-II Zone.[3]
[2]
Editor's Note: See Schedule C, Stormwater Improvement Fees, included as an attachment to this chapter.
[1]
Editor's Note: This ordinance also provided
that it shall become effective upon approval by the Superior Court
of New Jersey, Law Division.
[Added 9-9-1993 by Ord. No. 44-93]
The following regulations shall apply in the
SCPR District:
A.
Permitted uses.
(1)
Single-family dwellings in a cluster development as defined in Subsection A(4) of this section, provided that public water supply and a sanitary sewerage collection system is provided and connected to an existing regional wastewater treatment plant and the affordable housing criteria described in Subsection A(6) are complied with.
(2)
Single-family dwellings in a noncluster development as defined in Subsection A(5) of this section, whether or not the tract of land in question meets the minimum size requirements provided in such subsection.
(3)
Temporary buildings for uses incidental to construction
work, provided that such buildings are removed upon completion or
abandonment of the construction work.
(4)
Cluster development shall be in accordance with the following standards and the cluster provisions of § 220-41, where such provisions are consistent with this section:
(a)
The minimum size of a tract or parcel of land
proposed for development under the cluster development provisions
of this section shall be 25 acres.
(b)
The maximum number of residential building lots
for each cluster development shall be computed on the basis of 0.8
lot per gross acre (0.8 x gross acres = number of permitted lots).
If this calculation results in a remaining fraction of a lot, the
fraction shall be rounded to the nearest whole number.
(c)
Land area equal to a minimum of 40% of the gross
area of the proposed development shall not be included in lots but
shall be either offered to the Township of Marlboro for greenways
or open space as part of the municipal zone and to be used in furtherance
of the best interests of the Township, which may include outdoor recreation
facilities; or be set aside as common property and maintained by a
homeowners' association. Land utilized for street rights-of-way shall
not be included as part of the above 40%.
(d)
At least 10% or a minimum of 10 acres of the
land area set aside as open space or common property shall be suitable
for development for active recreation purposes. At least five acres
of these lands shall not be linear and shall be contained in a contiguous
parcel with minimum dimensions of 400 feet by 400 feet.
(e)
Greenways shall be provided so that no residential
lot line lies within 100 feet of the top of the bank of a stream or
other body of water or within 100 feet of a freshwater wetland boundary
line as approved by the New Jersey Department of Environmental Protection
and Energy (NJDEPE) in accordance with the provisions of the New Jersey
Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7Aj. Wherever
possible, such greenways shall be increased to 150 feet in width.
Greenway averaging may be utilized when necessary to accommodate irregularities
in wetland boundaries so long as the total area in square feet within
the greenway is not reduced. The minimum greenway width used in a
greenway averaging plan shall be 50 feet. All greenway averaging plans
shall be subject to Planning Board review and approval. The area contained
within the above greenway buffers shall be considered to be part of
the 40% of the land area preserved. In no case, however, shall there
be a greenway less than 100 feet in width between a residential lot
line and the top of a perennial stream bank.
(f)
Bermed and landscaped buffers 100 feet in width
shall be provided between any residential lot line and any tract boundary
with an industrial or commercial zone district or railroad right-of-way.
(g)
The minimum lot requirements for a cluster development
shall be:
[1]
Lot size: 25,000 square feet.
[2]
Street frontage: 125 feet for interior lots
and 150 feet for corner lots.
[3]
Lot width: 125 feet for interior lots and 150
feet for corner lots.
[4]
Lot depth: 150 feet.
[5]
Principal building front yard: 40 feet.
[6]
Principal building side yard: 15 feet; accessory
building or structure: 15 feet.
[7]
Principal building rear yard: 25 feet; accessory
building or structures: 25 feet. However, in those cases where the
full length of the rear lot line is contiguous to a Township-owned
greenway of at least 50 feet in width and no portion of said rear
line is within a perpendicular distance of 150 feet of a Township
street right-of-way, an accessory building or structure may be located
within 15 feet of the rear lot line. If a rear line setback of less
than 25 feet is utilized, suitable landscaping shall be provided to
shield the structure from the rear lot line. Drainage shall be controlled
so as not to cause flooding or erosion of adjacent property and site
plan approval shall be required.
[8]
Maximum percentage of lot coverage by buildings
and structures: 25%.
[Added 6-17-1999 by Ord. No. 1999-21]
(h)
Any lands conveyed or dedicated to the Township
shall meet the following requirements:
[1]
Every parcel of land so conveyed or dedicated
on a subdivision plat of a cluster development shall be free of any
liens or encumbrances of any nature at the time final approval is
granted by the Township and at the time of recording of the final
subdivision plat, and each parcel so dedicated shall be noted on the
plat.
[2]
The lands so conveyed or dedicated shall include,
whenever feasible, natural features such as streams, brooks, wooded
areas, steep slopes and other natural features of scenic and conservation
value. The developer may be required to plant trees or make other
similar landscaping improvements in order to qualify open land for
acceptance by the Township.
[3]
The lands so conveyed or dedicated shall be
subject to approval by the Township Planning Board. The Board, in
its review and evaluation of the suitability of such land, shall be
guided by the ability to assemble and link such lands to adjoining
areas in order to form continuous bands of open space and by the accessibility
or potential utility of such lands.
[4]
The lands so conveyed or dedicated shall be
monumented at all intersections with existing and proposed street
lines in the same manner as required by the Map Filing Law (N.J.S.A.
46:23-9.9, as amended). All interior corners and changes in direction
shall be marked with concrete posts or equivalent, as approved by
the Planning Board, which are a minimum of five inches square or in
diameter, are set a minimum of four feet into the ground and extend
above the ground a minimum of four feet.
(5)
If a tract of land fails to meet the minimum size requirements for a cluster development as described in Subsection A(4)(a) of this section, the minimum lot requirements shall be those of the R-80 Residential District with a maximum allowable density of 0.43 lot per gross acre. For lands which do not meet the minimum size requirements for a cluster development and which are to be developed in accordance with the R-80 Residential District minimum lot requirements, the buffer requirements of the SCPR District shall not apply, with the exception that all freshwater wetlands buffers as established by the NJDEPE shall apply, and a minimum greenway width of 100 feet shall be established between the main branch of Big Brook and any residential lot line with the greenway area to be conveyed or dedicated to the Township of Marlboro.
(6)
For cluster developments in the SCPR District, a development fee shall be exacted for deposit into the Township's Housing Trust Fund created under Article III of Chapter 70 of the Code of the Township of Marlboro. The development fee imposed shall be 1\2 of 1% of the equalized assessed value on the number of units that could be realized in accordance with R-80 Residential District density requirements (0.43 lot per gross acre) and 6% of the equalized assessed value on the incremental units over and above 0.43 lot per gross acre obtained through conformance with SCPR cluster criteria.
[Amended 11-12-1998 by Ord. No. 25-98]
(7)
No development in the SCPR District shall be permitted
where the property on which such development is to be located is adjacent
to Buck's Lane unless a conservation easement shall have been dedicated
to the Township, which shall be a minimum of five feet in width as
measured from the right-of-way line of Buck's Lane contiguous to such
proposed development and which shall prohibit any structure or other
improvement or vehicular traffic on or through such conservation easement
in perpetuity.
[Added 9-9-1993 by Ord. No. 51-93]
B.
C.
Uses requiring a conditional use permit, subject to the provisions of Article IV of this chapter.
F.
All other provisions of this chapter which are applicable
to lands in the SCPR District and which have not been specifically
modified in this subsection shall also apply to lands developed under
this section.
[Added 8-19-1999 by Ord. No. 1999-29]
The following regulations shall apply in the
SCPR-II District:
A.
Permitted uses.
[Amended 10-10-2002 by Ord. No. 2002-24]
(1)
Single-family dwellings in a cluster development as defined in Subsection A(3) of this section, provided that public water supply and a sanitary sewerage collection system is provided and connected to an existing regional wastewater treatment plant.
(2)
Temporary buildings for uses incidental to construction
work, provided that such buildings are removed upon completion or
abandonment of the construction work.
(3)
Cluster development shall be in accordance with the following standards and the cluster provisions of § 220-41, where such provisions are consistent with this section:
(a)
The maximum number of residential building lots
for each cluster development shall be computed on the basis of 0.43
per gross acre (0.43 x gross acres = number of permitted lots). If
this calculation results in a remaining fraction of a lot, the fraction
shall be rounded to the nearest whole number.
(b)
Greenways and open space areas shall be provided in accordance with § 220-78A(4)(c) through (f).
(c)
The minimum lot requirements for a cluster development shall be in accordance with § 220-78A(4)(g).
(d)
Any lands conveyed or dedicated to the Township shall meet the requirements of § 220-78A(4)(h).
B.
[Added 12-2-1999 by Ord. No. 1999-43]
Planned Adult Community District, hereinafter referred to as "PAC-III," is defined as a community having one or more contiguous parcels of land with a total acreage of at least 75 acres to be dedicated to the use of a planned adult community. Said land shall be restricted by bylaws, rules, regulations and restrictions of record to use by permanent residents 55 years of age or older, as further defined under the United States Fair Housing Act, as amended. All projects developed within the PAC-III Zone are expressly subject to the development fees set forth in § 70-19 of the Marlboro Township Code, as amended.
A.
Permitted uses.
(1)
Single-family detached dwellings restricted to residents
55 years of age or older.
(2)
Recreational and cultural facilities for the sole
use of the residents of the community and their guests, including
but not limited to: clubhouse, swimming pool, library, media center,
court games, picnic areas and other active and passive recreation
facilities.
B.
Accessory uses.
(1)
Necessary accessory buildings and uses shall be permitted,
including facilities for maintenance, administration, streets and
off-street parking facilities and utilities.
(2)
Signs, as regulated in this chapter, provided that:
(a)
All applications for sign permits shall be submitted
to the homeowners' association for approval as to uniformity throughout
the community. No sign permit application shall be considered unless
it has received the prior approval of the homeowners' association
before application is made to the Township.
(b)
Permanent entrance or project signs, if approved
by the Planning Board.
(3)
Fences, as regulated in this chapter provided that:
(a)
All applications for fence permits shall be
submitted to the homeowners' association for approval as to uniformity
throughout the community. No fence permit application shall be considered
unless it has received the prior approval of the homeowners' association
before application is made to the Township.
(4)
Notwithstanding any other ordinance to the contrary,
one- or two-car attached garages are permitted as an accessory use
in this zone.
C.
Lot, bulk and setback requirements.
(1)
Density. No more than four dwelling units shall be
permitted per gross acre of the tract.
(3)
Minimum floor space per dwelling unit: 1,200 square
feet.
(4)
Minimum lot frontage: 50 feet.
(5)
Minimum lot width: 50 feet.
(6)
Minimum lot depth: 85 feet.
(7)
Maximum lot coverage by buildings and structures:
40%. An additional 15% lot coverage allowance will be provided for
driveways, sidewalks, patios and decks and similar appurtenances.
(8)
Maximum building height: 2 1/2 stories and in
no event shall the height exceed 35 feet.
[Amended 3-5-2007 by Ord. No. 2007-4[1]]
[1]
Editor's Note: This ordinance also provided that any building
or structure located in any of the zones covered by this ordinance
as of the effective date of this ordinance or any building or structure
for which all necessary Planning Board and/or Zoning Board approvals
have been obtained as of the effective date of this ordinance that
was in full compliance with the requirements in place prior to the
adoption of this ordinance but, as a result of this ordinance, no
longer meets the building height requirements, shall constitute a
conforming structure.
(9)
Setbacks for principal structures:
(a)
Minimum front yard setback: 20 feet. Any two
contiguous units must have a five-foot difference in setback.
(b)
Minimum side yard setback. The minimum side
yard setback shall be five feet. The minimum total of both side yards
shall be 15 feet. In no event shall principal buildings be located
within 15 feet of each other.
(c)
Minimum rear yard setback: 20 feet.
(10)
Setbacks for accessory structures.
(a)
Front yard and side yard. The minimum front
yard and side yard setbacks shall be the same as that required for
principal structures in this zone.
(b)
The minimum rear yard setback shall be 10 feet
for accessory structures, including but not limited to gazebos, sheds
and decks. Where a rear yard is adjacent to a wetland buffer area
not owned by the residential lot owner, a park or common area, the
rear yard setback shall be five feet.
D.
Buffer zone. No building or structure other than entrances,
gatehouses, walls and fences shall be located within 75 feet of any
exterior boundary line of the tract.
E.
Streets shall be privately owned and maintained. Sidewalks
shall be provided on both sides of all streets.
F.
Maintenance of association-owned properties. The maintenance
of the green areas, private roadways, driveways, common courtyards,
recreational areas, lakes and other improvements not intended to be
individually owned shall be provided by an association organized under
the Nonprofit Corporation Statute of the State of New Jersey (Title
15) and formed for that purpose.
G.
Recreational areas.
(1)
There shall be in each PAC-III community at least
one clubhouse or community building. There shall be at least 15 square
feet of clubhouse building space provided for each proposed dwelling
unit. The clubhouse shall be completed and in operation before the
100th dwelling unit has been completed and a certificate of occupancy
issued therefore or prior to the issuance of certificate of occupancy
for 50% of the total number of approved dwellings, whichever shall
occur first. Each clubhouse shall be provided with adequate parking
of at least one space per 200 square feet of building floor area.
(2)
Each PAC-III shall provide a site or sites for recreational
facilities for the use of its residents. Recreational facilities shall
include but shall not be limited to such facilities as shuffleboard
lanes, bocce courts, swimming pools, picnic benches and indoor recreation
facilities. All grounds surrounding recreational and administrative
facilities shall be appropriately landscaped and shall be provided
with adequate walkways. Underground irrigation shall be installed
for such areas.
H.
Procedural requirements.
(1)
All subdivision plans and site plans shall be submitted
to the Planning Board in accordance with the requirements of the subdivision
regulations of this chapter. Where facilities proposed to be built
are other than residential dwellings, site plans shall be submitted
in conformance with this chapter.
(2)
At such time as the applicant or developer shall submit
a subdivision plan for preliminary approval or site plan for approval,
the following shall also be submitted:
(3)
Said documents shall be forwarded to the Planning
Board and shall be subject to the review of the Planning Board as
to their adequacy in ensuring that the community shall be constituted
so as to be consistent with the purposes and requirements of this
section. The proposed documents and restrictions shall indicate a
comprehensive and equitable program for the orderly transition of
control over the homeowners' association from the applicant or the
developer to the actual homeowner in the community.
(4)
In addition to the foregoing, it shall be mandatory
for any applicant to provide the Planning Board with copies of all
submissions to be made to any state agency, pursuant to the Retirement
Community Full Disclosure Act, at all stages of development.
A.
Within the C-1 Village Commercial District, it is in the interest of the Township to encourage the conversion of existing structures for specialized commercial activity in accordance with specific architectural and landscaping standards. Prior to the issuance of a building permit for the erection of a new building or the conversion of an existing building for a permitted use within this district, architectural renderings of the exterior treatment of the building, including complete informations concerning the type and color of materials and/or paints to be utilized, shall be presented to the Planning Board for its approval. The applicant shall also submit for Planning Board approval a detailed landscaping and site development plan indicating the type, size and extent of all shrubs, trees and other plants to be located on the site and the type and location of all paving material to be utilized for sidewalk areas, parking areas and other pedestrian areas, and renderings, pictures or other suitable visual documents that clearly illustrate any fencing, sculpture, poles or other specialized structures or hardware to be located on the site. The architectural renderings and detailed landscaping and site development plans shall be submitted as additional items in conjunction with the required submittals for site plan review as specified in § 220-37 of this chapter. The Planning Board shall review and act on such submittals in accordance with the procedure specified under site plan review in § 220-37 of this chapter.
B.
Guiding standards. In reviewing and acting upon proposed
developments in the Village Commercial District, the Planning Board
shall be guided by the following standards:
(1)
New buildings erected in the Village Commercial District
shall be of a scale and style consistent with existing development
in the district.
(2)
Exterior treatment of existing buildings shall result
in facades that are harmonious with adjacent structures but do not
result in a look-alike building.
(3)
The lots of new buildings and converted buildings
shall be completely developed and landscaped even though portions
of the lot may not be utilized for the permitted use.
(4)
Site development plans shall maximize the use of planting
areas, sculpture and specialized pavement materials such as brick,
cobblestone and state.
(5)
Where possible, the site development plans shall include
sitting areas with wrought iron, concrete or other suitable decorative
benches.
(6)
All building facades, signs and paving material shall
be in nonglass pastel colors.
(7)
All exterior lighting fixtures, fences and other hardware
shall be of a decorative quality.
(8)
Permitted permanent signs shall only identify the
name and type of business or service. The use of descriptive adjectives,
illustrations, pictures or similar advertising techniques shall be
prohibited.
(9)
The design and materials of all permanent signs shall
specifically be subject to approval by the Planning Board.
C.
In addition to the above standards, the following
district regulations shall apply:
(1)
Permitted uses. The following uses shall be permitted
in the C-1 Village Commercial District, provided that said uses do
not exceed 50,000 square feet:
[Amended 12-15-2005 by Ord. No. 2005-55]
(a)
All retail sales and service establishments,
including but not limited to general merchandise stores, food stores,
furniture, home furnishings and equipment, restaurants and eating
and drinking places, motor vehicle service stations, variety stores,
drugstores, florists and other retail trade stores.
(b)
Services used as follows:
(c)
Owner-occupied efficiency and one-bedroom apartments
above the ground floor of existing buildings where the ground floor
of existing buildings is utilized for another permitted use.
(d)
Government buildings, parks and playgrounds.
(e)
Temporary buildings for uses incidental to construction
work, provided such buildings are removed upon completion or abandonment
of the construction work.
(f)
Single-family detached dwellings and accessory structures as existing
or approved within the zone at the time of the passage of this subsection.
The area, yard and building requirements of the MFD-1 Residential
Zone for single-family homes shall be applicable to these existing
residential uses.
[Added 6-13-2013 by Ord. No. 2013-12]
(3)
Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter and as further set forth herein:
(a)
Minimum lot area: 20,000 square feet, except
that where an existing building is to be utilized for a permitted
use or uses and is located on a lot of less than 20,000 square feet
in area, the minimum lot area shall be the existing lot area at the
time of passage of this chapter, provided that such existing lot area
is a minimum of 10,000 square feet.
(b)
Minimum lot width: 100 feet, except that where
an existing building is to be utilized for a permitted use or uses
and is located on a lot of less than 100 feet in width, the minimum
lot width shall be the existing lot width at the time of passage of
this chapter, provided that such existing lot width is a minimum of
50 feet.
(c)
Minimum lot depth: 150 feet, except that where
an existing building is to be utilized for a permitted use or uses
and is located on a lot of less than 150 feet in depth, the minimum
lot depth shall be the existing lot depth at the time of passage of
this chapter, provided that such existing lot depth is a minimum of
75 feet.
(d)
Minimum lot frontage: 100 feet, except that
where an existing building is to be utilized for a permitted use or
uses and is located on a lot of less than 100 feet in frontage, the
minimum lot frontage shall be the existing lot frontage at the time
of passage of this chapter, provided that such existing lot frontage
is a minimum of 50 feet.
(e)
Minimum front yard setback: 25 feet, except
as follows:
[1]
New buildings may be constructed at the average
of the front yard setbacks of all existing buildings located within
200 feet of the lot on the same side of the street and within the
same block.
[2]
Where an existing building is to be utilized
for a permitted use or uses and has a front yard setback of less than
25 feet, the minimum front yard setback shall be the existing front
yard setback at the time of passage of this chapter.
(f)
Minimum side yard setback: 20 feet, except that
where an existing building is to be utilized for a permitted use or
uses and has a side yard setback of less than 20 feet, the minimum
side yard setback shall be the existing side yard setback at the time
of passage of this chapter.
(g)
Minimum rear yard setback: 50 feet for principal
buildings and 35 feet for accessory buildings, except that where an
existing building is to be utilized for a permitted use or uses and
has a rear yard setback of less than 50 feet for a principal building,
the minimum rear yard setback for the principal building shall be
the existing rear yard setback at the time of passage of this chapter.
(h)
Maximum building height: 35 feet for principal
buildings and 15 feet for accessory buildings.
(i)
Maximum lot coverage: 30%, except that where
an existing building is to be utilized for a permitted use or uses
and has a lot coverage greater than 30%, the maximum lot coverage
shall be the existing lot coverage at the time of passage of this
chapter.
(j)
Minimum open space: 20%.
(5)
Modification of regulations for existing buildings.
Where an existing building is to be utilized for a permitted use or
uses, the following modification of regulations shall apply:
(6)
Other provisions.
(b)
All rubbish and garbage and waste materials
shall be stored in metal or plastic containers securely fastened with
metal or plastic covers. Containers may be stored in a building, in
the rear yard or in a side yard if properly screened from view.
(c)
Where the property line of a proposed commercial lot abuts a residential zone or use, a buffer area shall be established, which shall include an area of land 30 feet in width as measured from said property line. For the purpose of establishing a building setback line along the buffer area, all side and rear yard lines shall be increased by a depth of 30 feet. The buffer screen shall meet the standards set forth in § 220-100.
[Amended 3-16-1989 by Ord. No. 6-89]
(d)
All parcels of land shown on the Tax Map of
the Township of Marlboro as of the date of the adoption of this chapter
within the C-1 Village Commercial Zone shall be deemed to be conforming
parcels as to all area and setback regulations; provided, however,
the owner shall not be permitted to obtain a building permit until
a site plan for the proposed construction shall be submitted to the
Planning Board and approved by said Board. The Planning Board shall
review any such site plan submitted within the C-1 Village Commercial
Zone under the general village commercial concept as provided in this
chapter.
[Added 11-29-1990 by Ord. No. 56-90]
The following regulations shall apply in the
OPT-1 District:
A.
Permitted uses.
(1)
Single-family residences as existing at the time of
passage of this section.
(2)
Professional offices, including:
(a)
Attorneys and counselors-at-law.
(b)
Accountants and certified public accountants.
(c)
Architects.
(d)
Chiropodists and chiropractors.
(e)
Dentists.
(f)
Medical doctors.
(g)
Real estate brokers.
(h)
Engineers, land surveyors and planners.
(i)
Insurance brokers.
(j)
Stockbrokers.
(k)
Optometrists, oculists and osteopaths.
(l)
Psychologists.
(m)
Marriage counselors licensed by the State of
New Jersey.
(n)
Other similar professional offices.
B.
Permitted accessory uses.
(1)
Customary accessory uses and buildings which are clearly
incidental to the principal use and building.
C.
Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.
[Added 11-29-1990 by Ord. No. 56-90]
The following regulations shall apply in the
OPT-2 District:
A.
Permitted uses.
(1)
Single-family residences as existing at the time of
passage of this section.
(2)
Professional offices, including:
(a)
Attorneys and counselors-at-law.
(b)
Accountants and certified public accountants.
(c)
Architects.
(d)
Chiropodists and chiropractors.
(e)
Dentists.
(f)
Medical doctors.
(g)
Real estate brokers.
(h)
Engineers and land surveyors.
(i)
Insurance brokers.
(j)
Stockbrokers.
(k)
Optometrists, oculists and osteopaths.
(l)
Psychologists.
(m)
Marriage counselors licensed by the State of
New Jersey.
(n)
Other similar professional offices.
(o)
Executive offices, where no product will be
displayed for sale.
B.
Customary accessory uses and buildings which are clearly
incidental to the principal use and building.
C.
Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.
[Added 11-29-1990 by Ord. No. 56-90]
The following regulations shall apply in the
OPT-3 District:
A.
Permitted uses.
(1)
Single-family residences as existing at the time of
passage of this section.
(2)
Professional offices, including the following in an
office complex or office center design:
(a)
Attorneys and counselors-at-law.
(b)
Accountants and certified public accountants.
(c)
Architects.
(d)
Chiropodists and chiropractors.
(e)
Dentists.
(f)
Medical doctors.
(g)
Real estate brokers.
(h)
Engineers and land surveyors.
(i)
Insurance brokers.
(j)
Stockbrokers.
(k)
Optometrists, oculists and osteopaths.
(l)
Psychologists.
(m)
Marriage counselors licensed by the State of
New Jersey.
(n)
Other similar professional offices.
(o)
Executive offices, where no product will be
displayed for sale.
(3)
Restaurants. Restaurants are permitted, provided that
the following conditions are met:
(a)
The property shall consist of 15 acres.
(b)
The restaurant shall be part of a cluster office
complex.
(c)
No drive-through restaurant facilities are permitted.
(d)
No fast-food restaurants are permitted.
(e)
The restaurant shall be limited to 10% of the
building space, but in no event exceed 10,000 square feet.
B.
Permitted accessory uses.
(1)
Customary accessory uses and buildings which are clearly
incidental to the principal use and building.
C.
Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.
H.
Buffer requirements.
(1)
There shall be provided a thirty-foot landscaped buffer
to any adjacent existing residential property. Said buffer to be landscaped
to the satisfaction of the approving agency.
I.
Other provisions.
The following regulations shall apply in the
C-2 Neighborhood Commercial District:
A.
Permitted uses. One or a combination of retail and/or
service uses of a neighborhood nature of the following types:
[Amended 10-13-1988 by Ord. No. 52-88; 9-27-1990 by Ord. No.
43-90]
(1)
General merchandise.
(2)
Food.
(3)
Apparel and accessories.
(4)
Eating and drinking establishments, except drive-in
restaurants.
(5)
Variety stores.
(6)
Drugstores.
(7)
Liquor stores.
(8)
Florists.
(9)
Finance, insurance and real estate services.
(10)
Personal services.
(11)
Business services.
(12)
Principal and accessory residences as existing
or approved at the time of the passage of this section.
[Amended 10-26-2000 by Ord. No. 2000-17]
(13)
Professional services.
(14)
Government buildings and grounds.
(15)
Temporary buildings for uses incidental to construction
work, provided that such buildings are removed upon completion or
abandonment of the construction work.
(16)
Commercial educational uses, provided that each use meets the parking
recommendations of the ITE Parking Generation Manual, third or most
current edition.
[Added 2-15-2007 by Ord. No. 2007-5; amended 12-17-2009 by Ord. No.
2009-36]
B.
Permitted accessory uses.
(1)
Customary accessory uses and buildings which are clearly
incidental to the principal use and building.
C.
Area, yard and building requirements.
[Amended 10-26-2000 by Ord. No. 2000-17]
(1)
For preexisting or approved residential uses which are permitted under § 220-85A(12) above, the requirements of the R-20 Residential Zone as specified in the schedule of requirements in § 220-34 shall apply.
I.
Other provisions.
(1)
The storage of flammable liquids and gases shall not
be permitted above the ground, except that where such liquids and
gases are used as a heating fuel, they may be stored within the building
in accordance with the Township's Fire Prevention Code.
(2)
All rubbish and garbage and waste materials shall
be stored in metal or plastic containers securely closed with metal
or plastic covers. Containers may be stored in a building, in the
rear yard or in the side yard if properly screened from view.
(3)
Where the property line of a proposed commercial lot abuts a residential zone or use, a buffer area shall be established, which shall include an area of land 30 feet in width as measured from said property line. For the purpose of establishing a building setback line along the buffer area, all side and rear yard lines shall be increased by a depth of 30 feet. The buffer screen shall meet the standards set forth in § 220-100 of this chapter. However, where the property line of a proposed commercial lot abuts property located in the MFD-II Zone, the buffer area required by this subsection shall be 10 feet in width.
[Amended 3-16-1989 by Ord. No. 6-89; 2-25-1993 by Ord. No.
3-93]
(4)
Front yards may be utilized for parking, provided
that no such parking shall be closer than 20 feet to any street line.
(5)
No individual commercial tenant or unit shall consist
of more than 15,000 square feet.
[Added 10-26-2000 by Ord. No. 2000-17]
The following regulations shall apply in the
C-3 Community Commercial District:
A.
Permitted uses.
[Amended 10-13-1988 by Ord. No. 52-88; 9-27-1990 by Ord. No.
43-90]
(1)
Retail trade stores or shopping centers, including
one or a combination of the following:
(a)
General merchandise.
(b)
Food.
(c)
Apparel and accessories.
(d)
Furniture, home furnishings and equipment.
(e)
Restaurants and eating and drinking places.
(f)
Variety stores, drugstores, florists or other
retail trade stores, but not including fuel.
(g)
Motels.
(h)
New car sales, service and showrooms.
(2)
Service uses as follows:
(a)
Finance, insurance and real estate services.
(b)
Personal services.
(c)
Business services.
(d)
Repair services.
(e)
Professional services.
(f)
Governmental services.
(g)
Educational services, but excluding primary
and secondary schools and colleges.
(h)
Publication of newspapers and periodicals.
(3)
Administrative office buildings limited to the executive
or administrative offices of industrial or business concerns and which
are not normally involved in conducting business with the general
public.
(4)
Industrial research laboratories limited to experimental
research and testing laboratories at which products or goods are not
produced for sale.
(5)
Assembly halls, theaters, bowling alleys and other
similar commercial recreational activity, provided it is carried on
within a building, and further provided that each such use meets the
parking recommendations of the ITE Parking Generation Manual, third
or most current edition.
[Amended 12-17-2009 by Ord. No. 2009-37]
(6)
Temporary buildings for uses incidental to construction
work, provided such buildings are removed upon completion or abandonment
of the construction work.
C.
Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.
D.
Conditional uses. The following uses are conditional uses subject to the provisions of Article IV of this chapter:
E.
Other provisions.
(1)
Front yard areas may be utilized for parking, provided
that no such parking shall be closer than 20 feet to the street line.
(2)
Highly flammable liquids or gases may be stored at
atmospheric pressure above ground, provided that such storage is in
accordance with the Township's Fire Prevention Code and in steel tanks
in a fire-resistive structure and that the total volume of such liquids
or gases does not exceed 300 gallons. Compressed highly flammable
gases shall be stored in steel cylinders, and the total volume shall
be not more than 10 cubic feet of compressed gas. All tanks stored
above ground shall be properly diked.
(3)
Less flammable liquids or gases may be stored above
ground at atmospheric pressure, provided that such storage is in accordance
with the Township's Fire Prevention Code and in steel tanks in a fire-resistive
structure and that the total volume of such liquids or gases does
not exceed 1,200 gallons. Other less flammable compressed gases may
be stored above ground in steel cylinders totaling not more than 30
cubic feet of compressed gas. All tanks stored above ground shall
be properly diked.
(4)
All rubbish and garbage and waste materials shall
be stored in metal or plastic containers securely closed with metal
or plastic covers. Containers may be stored in a building, in the
rear yard or in the side yard if properly screened from view.
(5)
Where the property line of a proposed commercial lot abuts a residential zone, a buffer area shall be established which shall include an area of land 200 feet in width, as measured from said property line. Where the property line of a proposed commercial lot abuts a residential use in a nonresidential zone, a buffer area shall be established which shall include an area of land 40 feet in width, as measured from said property line. For purposes of establishing a building setback line along the buffer area, all side and rear yard lines shall be increased by the depth of the required buffer area. The buffer screen shall meet the standards set forth in § 220-100.
[Amended 6-13-1986 by Ord. No. 26-86; 3-16-1989 by Ord. No.
6-89; 9-27-1990 by Ord. No. 43-90]
The following regulations shall apply in the
C-4 Regional Commercial District:
A.
Permitted uses.
[Amended 10-13-1988 by Ord. No. 52-88; 9-27-1990 by Ord. No.
43-90]
(1)
Retail trade stores or shopping centers, including
one or a combination of the following:
(a)
General merchandise.
(b)
Food.
(c)
Apparel and accessories.
(d)
Furniture, home furnishings and equipment.
(e)
Restaurants and eating and drinking places.
(f)
Variety stores, drugstores, florists or other
retail trade stores, but not including fuel.
(g)
Motels.
(h)
New car sales, service and showrooms.
(2)
Service uses as follows:
(a)
Finance, insurance and real estate services.
(b)
Personal services.
(c)
Business services.
(d)
Repair services.
(e)
Professional services.
(f)
Governmental services.
(g)
Educational services, but excluding primary
and secondary schools and colleges.
(h)
Publication of newspapers and periodicals.
(3)
Administrative office buildings limited to the executive
or administrative offices of industrial or business concerns and which
are not normally involved in conducting business with the general
public.
(4)
Industrial research laboratories limited to experimental
research and testing laboratories at which products or goods are not
produced for sale.
(5)
Assembly halls, theaters, bowling alleys and other
similar commercial recreational activity, provided it is carried on
within a building, and further provided that such use meets the parking
recommendations of the ITE Parking Generation Manual, third or most
current edition.
[Amended 12-17-2009 by Ord. No. 2009-38]
(6)
Government buildings, parks and playgrounds.
(7)
Temporary buildings for uses incidental to construction
work, provided such buildings are removed upon completion or abandonment
of the construction work.
C.
Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.
D.
Conditional uses. The following uses are conditional uses subject to the provisions of Article IV of this chapter:
E.
Other provisions.
(1)
Front yard areas may be utilized for parking, provided
that no such parking shall be closer than 20 feet to the street line.
(2)
Highly flammable liquids or gases may be stored at
atmospheric pressure above ground, provided such storage is in accordance
with the Township's Fire Prevention Code[1] and in steel tanks in a fire-resistive structure and the
total volume of such liquids or gases does not exceed 300 gallons.
Compressed highly flammable gases shall be stored in steel cylinders
and the total volume shall be not more than 10 cubic feet of compressed
gas. All tanks stored above ground shall be properly diked.
(3)
Less flammable liquids or gases may be stored above
ground at such atmospheric pressure, provided such storage is in accordance
with the Township's Fire Prevention Code and in steel tanks in a fire-resistive
structure and the total volume of such liquids or gases does not exceed
1,200 gallons. Other less flammable compressed gases may be stored
above ground in steel cylinders totaling not more than 30 cubic feet
of compressed gas. All tanks stored above ground shall be properly
diked.
(4)
All rubbish and garbage and waste materials shall
be stored in metal or plastic containers securely closed with metal
or plastic covers. Containers may be stored in a building, in the
rear yard or in the side yard if properly screened from view.
(5)
Where the property line of a proposed commercial lot abuts a residential zone, a buffer area shall be established which shall include an area of land 200 feet in width, as measured from said property line. Where the property line of a proposed commercial lot abuts a residential use in a nonresidential zone, a buffer area shall be established which shall include an area of land 40 feet in width, as measured from said property line. For purposes of establishing a building setback line along the buffer area, all side and rear yard lines shall be increased by the depth of the required buffer area. The buffer screen shall meet the standards set forth in § 220-100.
[Amended 3-16-1989 by Ord. No. 6-89; 9-27-1990 by Ord. No.
43-90]
[Added 8-11-2005 by Ord. No. 2005-26]
The following regulations shall apply in the C-5 Community Commercial
District II:
A.
Permitted uses. All permitted uses in the C-3 Community Commercial
District provided that said uses do not exceed 50,000 square feet.
B.
Permitted accessory uses. All accessory uses permitted in the C-3
Community Commercial District.
C.
Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter as identified for the C-3 Community Commercial District.
D.
Conditional Uses. All conditional uses permitted in the C-3 Community
Commercial District.
The following regulations shall apply in the
CIR Commercial-Industrial-Research District:
A.
Permitted uses.
[Amended 5-25-1995 by Ord. No. 23-95]
(1)
Light manufacturing, processing or fabricating operations which meet the performance standards contained in § 220-37.
(2)
One or a combination of retail and/or service uses
of a neighborhood convenience nature of the following types:
[Amended 2-26-1998 by Ord. No. 2-98]
(a)
General merchandise.
(b)
Food.
(c)
Apparel and accessories.
(d)
Eating and drinking establishments, except drive-in
restaurants.
(e)
Variety stores.
(f)
Drugstores.
(g)
Liquor stores.
(h)
Florists.
(i)
Furniture, home furnishings and equipment.
(j)
Finance, insurance and real estate services.
(k)
Personal services.
(l)
Business services.
(m)
Repair services.
(n)
Professional services.
(o)
Off-site catering services.
[Added 5-9-2002 by Ord. No. 2002-13]
(3)
Government buildings and grounds.
(4)
Educational services, but excluding primary and secondary
schools and colleges.
(5)
Publication of newspapers and periodicals.
(6)
Assembly halls, theaters, bowling alleys and other
similar commercial recreational activity, provided that it is carried
on within a building.
(7)
Experimental, research or testing laboratories, provided
that no operation shall be conducted or equipment used which would
create hazardous, noxious or offensive conditions beyond the boundaries
of the property involved.
(8)
Administrative office buildings limited to executive
or administrative purposes.
(9)
Industrial research laboratories limited to experimental,
research and testing laboratories at which products or goods are not
produced for sale.
(10)
Warehouse for the storage of materials and products.
(11)
Railroad rights-of-way and terminal facilities.
(12)
Temporary buildings for uses incidental to construction
work, provided that such buildings are removed upon completion or
abandonment of the construction work.
(13)
[1]Principal and accessory uses and structures in connection with residential subdivisions as existing or approved at the time of the passage of this section, subject to the area, yard and building requirements of the FRD Flexible Residential District, § 220-62G of the Marlboro Code.
[Added 6-22-2000 by Ord. No. 2000-16]
[1]
Editor's Note: Former § 84-54A(13),
which allowed single-family detached dwellings as a permitted use,
was repealed 2-26-1998 by Ord. No. 2-98.
C.
Conditional uses. Uses requiring a conditional use permit are subject to the provisions of Article IV of this chapter.
[Amended 7-15-1993 by Ord. No. 8-93; 5-25-1995 by Ord. No.
23-95]
D.
Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.
I.
Other provisions.
(1)
Front yard areas may be utilized for parking, provided
that no such parking shall be closer than 20 feet to the street line.
[Amended 5-25-1995 by Ord. No. 23-95]
(3)
The outdoor storage of material, equipment or refuse
shall only be permitted if such storage is fenced and/or screened
from public view in accordance with a plan approved by the Planning
Board.
J.
Relationship to residential lots.
(1)
No building, structure or railroad tracks shall be
erected within 150 feet of any front, side or rear lot line that abuts
or is the near street line opposite a residential zone.
[Amended 5-25-1995 by Ord. No. 23-95; 2-26-1998 by Ord. No.
2-98]
(2)
No parking area or driveway shall be located within
150 feet of any front, side or rear lot line that abuts or is the
near street line opposite a residential zone.
[Amended 5-25-1995 by Ord. No. 23-95; 2-26-1998 by Ord. No.
2-98]
(3)
No tree having a caliper of more than three inches
and located within 100 feet of any front, side or rear lot line that
abuts or is the near street line opposite a residential zone or lot
utilized for residential purposes in a commercial or industrial zone
shall be removed unless such removal is in accordance with an approved
site plan.
[Amended 5-25-1995 by Ord. No. 23-95; 2-26-1998 by Ord. No.
2-98]
(4)
Prior to commencing construction of any building, structure, railroad tracks, driveway or parking areas, a permanent fence shall be constructed along the entire length of any front, side or rear lot line that abuts a residential zone or use. Such fence shall be at least six feet in height and shall be of a type and material approved by the Planning Board as part of site plan approval and be subject to § 220-95 of this chapter.
[Amended 5-25-1995 by Ord. No. 23-95; 2-26-1998 by Ord. No.
2-98]
(5)
Where the property line of a proposed commercial lot abuts a residential zone, a buffer area shall be established which shall include an area of land 100 feet in width. Where the property line of a proposed commercial lot abuts a residential use in a nonresidential zone, a buffer area shall be established which shall include an area of land 35 feet in width, as measured from said property line. For purposes of establishing a building setback line along the buffer area, all side and rear yard lines shall be increased by the depth of the required buffer area. The buffer screen shall meet the standards set forth in § 220-100.
[Amended 9-27-1990 by Ord. No. 43-90]
[Added 11-29-1990 by Ord. No. 56-90]
The following regulations shall apply in the
IOR Industrial-Office Research District:
A.
Permitted uses.
(1)
Light manufacturing, processing or fabricating operations which meet the performance standards contained in § 220-37.
(2)
Educational services.
(3)
Publication of newspapers and periodicals.
(4)
Assembly halls, theaters, bowling alleys and other
similar commercial recreational activity, provided that it is carried
on within a building, and further provided that such use meets the
parking recommendations of the ITE Parking Generation Manual, third
or most current edition.
[Amended 12-17-2009 by Ord. No. 2009-40]
(5)
Experimental, research or testing laboratories, provided
that no operation shall be conducted or equipment used which would
create hazardous, noxious or offensive conditions beyond the boundaries
of the property involved.
(6)
Administrative office buildings limited to executive
or administrative purposes and professional offices.
(7)
Industrial research laboratories limited to experimental,
research and testing laboratories at which products or goods are not
produced for sale.
(8)
Warehouse for the storage of materials and products.
(9)
Corporate headquarters.
(10)
Hotels and conference center.
(11)
Restaurants as part of an industrial park or
corporate office center except for drive-through or fast-food restaurant
facilities.
(12)
Corporate or industrial parks subject to the
following regulations:
(a)
Minimum site requirement: 40 acres.
(b)
Internal lot size and setbacks: as per the following
schedule:
|
Lot Dimensions
|
Setbacks
| ||||||
|---|---|---|---|---|---|---|---|
|
Area
(acres)
|
Width
(feet)
|
Depth
(feet)
|
Front Yard
(feet)
|
Side Yard
(feet)
|
Rear Yard
(feet)
|
From External Boundary
(feet)
| |
|
1*
|
150
|
200
|
40
|
30
|
20
|
80
| |
|
NOTES:
| ||
|---|---|---|
|
*
|
Not more than 10% of the lots may be one-acre
lots.
| |
(13)
Retail facilities incidental to the primary
use and limited to 15% of the gross floor area.
(14)
Off-site catering services.
[Added 5-9-2002 by Ord. No. 2002-13]
(15)
Industrial flex use.
[Added 12-12-2019 by Ord.
No. 2019-14]
B.
Permitted accessory uses.
(1)
Customary accessory uses and buildings which are clearly
incidental to the principal use and building.
C.
Conditional uses. Uses requiring a conditional use permit are subject to the provisions of Article IV of this chapter.
(1)
Public utilities.
(2)
Amusement arcades.
[Added 7-15-1993 by Ord. No. 8-93]
(3)
Churches and places of worship.
[Added 5-27-1999 by Ord. No. 1999-17]
(4)
Quasi-public buildings and recreational uses.
[Added 5-27-1999 by Ord. No. 1999-17]
(5)
Wireless communications facilities.
[Added 12-10-2009 by Ord.
No. 2009-35]
D.
Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.
I.
Other provisions.
(1)
Front yard areas may be utilized for parking, provided
that no such parking shall be closer than 80 feet to the street line.
(3)
The outdoor storage of material, equipment or refuse
shall only be permitted if such storage is fenced and/or screened
from public view in accordance with a plan approved by the Planning
Board.
J.
Relationship to residential lots.
(1)
No building, structure or railroad tracks shall be
erected within 150 feet of any front, side or rear lot line that abuts
or is the near street line opposite a residential zone.
(2)
No parking area or driveway shall be located within
150 feet of any front, side or rear lot line that abuts or is near
the street line opposite a residential zone.
(3)
No tree having a caliber of more than three inches
and located within 100 feet of any front, side or rear lot line that
abuts or is the near street line opposite a residential zone or lot
utilized for residential purposes in a commercial or industrial zone
shall be removed unless such removal is in accordance with an approved
site plan.
(4)
Prior to commencing construction of any building, structure, railroad tracks, driveway or parking areas, a permanent fence shall be constructed along the entire length of any front, side or rear lot line that abuts a residential zone or use. Such fence shall be at least six feet in height and shall be of a type and material approved by the Planning Board as part of site plan approval and be subject to § 220-95 of this chapter.
(5)
A buffer area 50 feet in width shall be provided along
any front, side or rear lot line that abuts a residential zone or
use. Such buffer area shall be suitably landscaped with trees, shrubs
and/or ground cover in accordance with a landscaping plan approved
by the Planning Board as part of site plan approval.
The following regulations shall apply in the
LI Light Industrial Zone District:
A.
Permitted uses.
(1)
Light manufacturing, proceeding, producing or fabricating operations which meet the performance standards contained in § 220-37.
(2)
Administrative offices solely related to the primary industrial function being performed, except as permitted by Subsection A(3) below.
(3)
Administrative office buildings limited to executive
or administrative or business service offices of industrial or business
concerns.
(4)
Industrial research laboratories limited to experimental
research and testing laboratories, at which products or goods are
not produced for sale, provided that no operation shall be conducted
or equipment used which would create hazardous, noxious or offensive
conditions beyond the boundaries of the property involved.
(5)
Warehouse for the storage of material and products.
(6)
Railroad rights-of-way and terminal facilities.
(7)
Temporary buildings for uses incidental to construction
work, provided that such buildings are removed upon completion or
abandonment of the construction work.
(8)
Off-site catering services.
[Added 5-9-2002 by Ord. No. 2002-13]
(9)
Landscaping
businesses including the storage of equipment and materials.
[Added 12-6-2007 by Ord. No. 2007-22]
(10)
Assembly halls, theaters, bowling alleys, and other similar commercial
recreational activities, provided that such use is carried out within
a building, and that the use meets the parking recommendations of
the ITE Parking Generation Manual third or most current edition.
[Added 12-17-2009 by Ord. No. 2009-39]
B.
Permitted accessory uses.
(1)
All customary accessory uses and buildings which are
clearly incidental to the principal use and building.
C.
Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.
D.
Conditional uses. Uses requiring a conditional use permit are subject to the provisions of Article IV of this chapter.
E.
Other provisions.
(1)
Front yard areas may be utilized for parking, provided
that no such parking shall be closer than 80 feet to the street line.
(3)
The outdoor storage of material, equipment or refuse
shall only be permitted if such storage is fenced and/or screened
from public view in accordance with a plan approved by the Planning
Board.
F.
Relationship to residential lots.
(1)
No building, structure or railroad tracks shall be
erected within 150 feet of any front, side or rear lot line that abuts
or is the near street line opposite a residential zone.
(2)
No parking area or driveway shall be located within
150 feet of any front, side or rear lot line that abuts or is the
near street line opposite a residential zone.
(3)
No tree having a caliber of more than three inches
and located within 100 feet of any front, side or rear lot line that
abuts or is the near street line opposite a residential zone or lot
utilized for residential purposes in a commercial or industrial zone
shall be removed unless such removal is in accordance with an approved
site plan.
(4)
Prior to commencing construction of any building,
structure, railroad tracks, driveway or parking areas, a permanent
fence shall be constructed along the entire length of any front, side
or rear lot line that abuts a residential zone or use. Such fence
shall be at least six feet in height and shall be of a type and material
approved by the Planning Board as part of site plan approval.
(5)
A buffer area 50 feet in width shall be provided along any front, side or rear lot line that abuts a residential zone or use. Such buffer area shall be suitably landscaped with trees, shrubs and/or ground cover in accordance with a landscaping plan approved by the Planning Board as part of site plan approval and as per § 220-100 of this chapter.
[Added 11-29-1990 by Ord. No. 56-90]
The following regulations shall apply in the
CS District:
A.
All industrial uses in existence at the time of passage
of this section.
B.
All residential uses in existence at the time of passage
of this section.
C.
Permitted uses consisting of services used as follows,
with sales permitted incidental to the service use:
(1)
Finance, insurance and real estate services.
(2)
Personal services.
(3)
Repair services, including motor vehicles.
(4)
Professional services.
(5)
Lawn equipment sales and services.
(6)
Pool equipment sales and services.
(7)
Electrical and plumbing repair services.
(8)
Computer services.
(9)
Appliance repair.
D.
Permitted accessory uses.
(1)
Customary accessory uses and buildings which are clearly
incidental to the principal use and building.
E.
Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.
K.
Other provisions.
(2)
All rubbish and garbage and waste materials shall
be stored in metal or plastic containers securely closed with metal
or plastic covers and shall be in compliance with all Township recycling
provisions. Containers may be stored in a building, in the rear yard
or in the side yard if properly screened from view.
(3)
Where the property line of a proposed commercial service lot abuts a residential zone or use, a buffer area shall be established, which shall include an area of land 30 feet in width as measured from said property line. For the purpose of establishing a building setback line along the buffer area, all side and rear yard lines shall be increased by a depth of 30 feet. The buffer screen shall meet the standards set forth in § 220-100 of this chapter.
[1]
Editor's Note: Former § 220-92, MZ Municipal Zone, was
repealed 12-12-2019 by Ord. No. 2019-14.
[Added 5-25-1995 by Ord. No. 9-95[1]]
The following regulations shall apply in the
A/LC Agriculture/Land Conservation District:
A.
Permitted uses.
(1)
Single-family dwellings.
(a)
Construction of single-family dwellings within
the Agriculture/Land Conservation District shall be in accordance
with the following requirements:
[1]
The minimum lot area shall be 10 acres; the
minimum lot area for flag lots shall be 10 acres plus a fifty-foot-wide
access lane.
[2]
The minimum lot frontage shall be 400 feet;
the minimum lot frontage for flag lots shall be 50 feet for the access
lane.
[3]
The minimum lot width shall be 400 feet; the
minimum lot width for flag lots shall be 400 feet for that portion
of the lot used as the dwelling site.
[4]
The minimum lot depth shall be 500 feet; the
minimum lot depth for flag lots shall be 500 feet, which shall not
include the access lane.
[5]
The minimum front yard setback shall be 150
feet; the minimum front yard setback for flag lots shall be 150 feet,
which shall not include the access lane.
[6]
The minimum side yard setback shall be 100 feet.
[7]
The minimum rear yard setback shall be 150 feet.
[8]
The maximum building height shall be 35 feet.
[9]
The maximum percentage of lot coverage shall
be 5%.
(2)
Farms, including operations for agriculture and agricultural
purposes as defined in this chapter. Construction or operation of
farms within the Agriculture/Land Conservation District shall be in
accordance with the following regulations, notwithstanding the provisions
of any other section of this chapter to the contrary:
(a)
The minimum lot area shall be 10 acres.
(b)
The minimum lot frontage shall be 400 feet.
(c)
The minimum lot width shall be 400 feet.
(d)
The minimum lot depth shall be 500 feet.
(e)
The minimum front yard setback shall be 150
feet.
(f)
The minimum side yard setback shall be 100 feet.
(g)
The minimum rear yard setback shall be 150 feet.
(h)
The maximum building height shall be 35 feet.
(i)
The maximum percentage of lot coverage shall
be 5%.
(3)
State, county and municipal parks/recreational facilities.
Such parks or facilities may include ballfields, swimming pools and/or
other similar uses.
(4)
Open space for passive recreational uses, including
but not limited to hiking, fishing, nature preserves, bird watching
and other similar uses.
(5)
Public and private golf courses with a minimum lot
area of 150 acres.
[Added 5-13-1999 by Ord. No. 1999-13]
B.
Permitted accessory uses.
(2)
Farm buildings, greenhouses and other similar structures
or buildings which are customary and incidental to agriculture or
agricultural purposes as defined in this chapter.
(3)
Golf course clubhouse.
[Added 5-13-1999 by Ord. No. 1999-13]
(4)
Golf course maintenance buildings, golf cart storage
facilities and other similar structures or buildings which are customary
and incidental to a golf course.
[Added 5-13-1999 by Ord. No. 1999-13]
C.
Conditional uses. Uses requiring a conditional use permit, subject to the provisions of Article IV of this chapter:
(1)
Public utilities.
(2)
Churches and places of worship.
(3)
Quasi-public buildings and recreation areas.
(4)
Home professional offices and home occupations.
(5)
Private hospitals and/or other similar private health care facilities, which shall be subject to the provisions of § 220-107 of this chapter.
(6)
Buildings and grounds associated with institutions of higher learning, which shall be subject to the provisions of § 220-104 of this chapter. An "institution of higher learning" shall be defined for the purposes of this chapter as any public, parochial or private school, college or university whose enrollment is composed of students who have graduated from secondary (high) school and which is duly approved and licensed to operate by all appropriate educational and state/federal agencies.
G.
Lots in existence prior to Ordinance No. 2019-14. Any lot in the
A/LC District which was in existence prior to the adoption of Ordinance
No. 2019-14 shall be considered a conforming lot in terms of the requirements
for minimum lot area, frontage, width, and depth. All permitted uses
in the A/LC District shall be permitted on these lots.
[Added 12-12-2019 by Ord.
No. 2019-14]
[1]
Editor's Note: This ordinance also repealed
former § 84-57, Hospital Zone.
[Added 11-29-1990 by Ord. No. 56-90]
The following land use regulations shall apply
to the Airport Hazard Area Zone (AHA) as delineated on the Zoning
Map and as further diagrammed within the zoning text.[1] These rules and regulations and the diagrams are as per
N.J.S.A. 27:1A-5, 27:1A-6, 6:1-29 and 6:1-32, the Air Safety and Hazardous
Zoning Act of 1983, L. 1983, c. 260, as amended.
A.
Permitted land uses.
(1)
Residential single-family dwelling units which are
situated on a lot at least three acres in size and not located in
a Clear Zone. Residential zoning is permitted in the Clear Zone as
long as all dwellings are physically located outside of the Clear
Zone.
(2)
Airports as further regulated by the Air Safety and
Hazardous Zoning Act.
(3)
Agricultural uses.
(4)
Open space.
(5)
Cemeteries are permitted in the Runway Subzone subject
to the following conditions and requirements:
[Added 8-8-1991 by Ord. No. 34-91]
(a)
A cemetery shall have a minimum contiguous area
of 40 acres.
(b)
A cemetery shall have access to a principal
arterial road such as a state highway as shown on the Marlboro Township
Master Plan adopted in 1990.
(c)
Grave sites shall be set back a minimum of 50
feet from any street line and 35 feet from all other property lines.
(d)
A mausoleum is permitted, provided that 50 feet
of setback is maintained from all property lines and that it shall
not exceed 35 feet in height.
(e)
Parking requirements shall be determined by
the Planning Board, and no parking shall be located closer than 50
feet to any street line.
(f)
All setbacks shall be attractively landscaped
as determined and approved by the Marlboro Township Planning Board.
(g)
A cemetery must obtain site plan approval from
the Marlboro Township Planning Board.
(h)
A cemetery must comply with all requirements
of federal, state, county and local law. Particularly, a cemetery
must comply with Title 8A of the Statutes of the State of New Jersey
as well as all rules and regulations issued by the New Jersey Cemetery
Board.
(i)
Crematories are expressly prohibited in a cemetery.
B.
Specifically prohibited land uses.
(1)
Residential (dwelling units) not situated on a lot
of at least three acres in size.
(2)
Planned unit developments and multifamily dwellings.
(3)
Hospitals.
(4)
Schools.
(5)
Aboveground bulk tank storage of compressed flammable
or compressed toxic gases and liquids.
(6)
Within the Runway End Subzones only, the aboveground
bulk tank storage of flammable or toxic gases and liquids.
(7)
Uses that may attract massing birds, including landfills.
(8)
Above-grade major utility transmission lines and/or
mains.
[1]
Editor's Note: A diagram of the Clear Zone, adopted as Figure 7 of Ord. No. 56-90, is included as an attachment to this chapter.
[Added 12-12-2019 by Ord.
No. 2019-14]
A.
A new Recreation and Open Space District shall be created, and the
Township's Zoning Map shall be amended so that the following properties
shall be removed from the existing district within which they reside
and placed into the new Recreation and Open Space District.[1]
[1]
Editor's Note: The table enumerating the properties placed
into this district is on file in the Township offices.
B.
The following standards and regulations shall apply to all developments
located within the Recreation and Open Space District:
A.
A new Community Facilities District shall be created, and the Township's
Zoning Map shall be amended so that the following properties shall
be removed from the existing district within which they reside and
placed into the new Community Facilities District.[1]
[1]
Editor's Note: The table enumerating the properties placed
into this district is on file in the Township offices.
B.
The following standards and regulations shall apply to all developments
located within the Community Facilities district:
[Added 12-12-2019 by Ord.
No. 2019-14]
A.
The Township's list of zoning districts and Zoning Map shall be amended
to create and incorporate seven new Generational Housing Districts,
and one Generational Housing Overlay District, and the following properties
shall be rezoned into the seven new Generational Housing Districts
and one Generational Housing Overlay District, as follows.[1]
[1]
Editor's Note: The tables enumerating the properties placed
into these districts is on file in the Township offices.
B.
The following standards and regulations shall apply to all developments
located within any of the Generational Housing Districts.
[Added 12-12-2019 by Ord.
No. 2019-14]
The following regulations shall apply to all development within
any of the GH Districts:
A.
Purpose. The intent of generational housing is to promote residential
communities for multiple generations and household types while satisfying
the Township's constitutional obligation to create realistic housing
opportunities for all our residents. Generational housing opportunities
will be available to families just starting out, including children
of Marlboro parents who currently worry about where their kids will
live, and the entry level employees including police officers, teachers
and other public employees who work in and serve our own Town but
could never imagine finding a home here. Empty-nesters and seniors
relying upon monthly Social Security checks who wish to remain in
Marlboro need to have the opportunity to do so and should be able
to come back home to live, work and raise a family. Generational housing
also recognizes that we have a collective duty to do more for those
who have sacrificed on behalf of our country: veterans must have a
chance to call Marlboro their home. Generational housing is designed
to meet these very real demands.
B.
Veterans and first responders preference.
(1)
For all affordable dwelling units, military veterans and first responders, to the extent permitted by law, shall be granted preferential status as applicants, as enumerated within the Township's Affordable Housing Ordinance, § 70-21 of the Township Code (to be adopted concurrently with this section).
C.
Recreation requirements.
(1)
All developments must provide active or passive recreation facilities
at a ratio of 50 square feet per dwelling unit.
(2)
Recreational facilities shall be designed to accommodate users
with disabilities, and be constructed in accordance with the Barrier
Free Sub-code of the Uniform Construction Code of the State of New
Jersey, and all other applicable codes and standards.
D.
Affordable housing requirements.
(1)
In inclusionary development, to the extent feasible, low- and
moderate-income units shall be integrated into the design with market-rate
units.
(2)
In inclusionary developments, low- and moderate-income units
shall have access to all of the same common elements and facilities
as the market-rate units.
(3)
All new construction of affordable dwelling units shall incorporate
an even split between low- and moderate-income units. In the event
that an even split results in a fraction of a dwelling unit, the additional
dwelling unit shall be a low-income unit.
(4)
The income limits and bedroom distribution for all affordable
housing units shall be in in accordance with the terms of the order
of the Superior Court in Re: In the Matter of the Application of the
Township of Marlboro for a Declaratory Judgement, Docket No. MON-L-2121-15,
and in accordance with the Uniform Housing Affordability Controls
(UHAC) found in N.J.A.C. 5:80-26.1 et seq.
(5)
In the event that any phasing of construction is proposed, the
phasing shall be in accordance with applicable law, including applicable
regulations promulgated by the State of New Jersey.
(6)
Affordable housing units may be located in one building or in
multiple buildings.
E.
Other provisions.
(1)
Each development within a GH District may contain a common clubhouse
or community amenity facility for the use of its residents and their
guests. Such clubhouse shall be permitted to have a maximum height
of two stories and 35 feet.
(2)
The roof of any clubhouse or community amenity facility may
be utilized as additional community amenity space.
(3)
Monument walls with or without signage, with maximum height
of three feet, shall be permitted at any entrance to a residential
development, provided that the wall does not interfere with any required
sight distances.
(4)
Patios, decks, terraces, or balconies may be permitted to encroach
within any required rear or side yard setback, provided that no patio,
deck, terrace, or balcony is set back less than 20 feet from any tract
boundary.
(5)
All stormwater management basins or other facilities shall be
managed and maintained by a homeowners' association.
F.
Circulation requirements.
(1)
No right-of-way dedication of 75 feet as per § 220-184C of the Township's Land Use and Development Ordinance shall apply to any development within a Generational Housing (GH) District.
(2)
Residential development shall conform to applicable requirements
of the residential site improvement standards.
(3)
Off-street parking shall be permitted within a front, side,
or rear yard area.
(4)
All residential development projects that require 50 off-street
parking spaces or more shall provide for at minimum two of those off-street
parking spaces to be reserved for electric vehicle charging stations.
Individual attached garages and/or driveways that serve individual
residential single-family dwellings or individual townhouse dwellings
shall be exempt from this provision.
(5)
Where commercial uses are included in a development with multifamily
residences, off-street parking may be shared by the commercial uses
and the multifamily residences. A maximum of 20 parking spaces may
be shared and considered to satisfy the off-street parking requirements
for each use.
(6)
Any parking spaces which are proposed for shared usage shall
be located within 150 feet of the primary entrance of each use.
G.
Design standards.
(1)
The standards enumerated in this section shall supersede any and all design requirements found in § 220-38 for any attached single-family residential, townhouse, or multifamily residential development in a GH District.
(2)
Buildings shall be oriented so that their primary entrance faces
the public street or right-of-way or an internal roadway. Primary
entrances shall not face a side or rear yard area, except for end
unit townhouse dwellings, where the primary entrance shall be permitted
to face a side yard.
(3)
Blank or featureless walls shall be avoided.
(4)
Primary exterior building facade materials on a front facade
shall be brick or brick veneer, stone, cultured stone, stucco, natural
wood, composite wood, vinyl, metal, glass, or similarly durable materials.
A minimum of 50% of the front building facade, excluding any windows,
doors, or fenestration, shall be composed of these materials.
(5)
Buildings which have a horizontal width of greater than 80 feet
shall be designed to be separated into vertical segments.
(6)
No building shall have an uninterrupted horizontal width of
greater than 40 feet without a change in the vertical plane of the
facade. A step-back or projection with a minimum depth of 18 inches
shall be provided.
(7)
Projection requirements may be satisfied by decks or patios.
(8)
Buildings with pitched roofs shall have eaves that overhang
the building face by a minimum of 12 inches. Any building eave or
roofline which extends from the face of the building may encroach
into any required front, side, or rear yard setback by a maximum of
12 inches.
(9)
Buildings with flat roofs shall include a decorative cornice
along the top of the front facing facade which projects at minimum
an average of eight inches from the face of the building.
(10)
Any accessory structure which will be visible from any street
or public right-of-way shall be designed to be consistent in appearance
with the principal structure on the property.
(11)
Any outdoor storage area for garbage and recycling materials
which is to serve more than one dwelling, or any garbage and recycling
storage area for a nonresidential use, shall be screened by a fence
of at least six feet in height.
(12)
Attached single-family (townhouse) design standards:
(a)
There shall be a variety of design and architectural styles
and setbacks for the purpose of presenting an aesthetically desirable
effect over the entire townhouse development.
(b)
No more than four contiguous dwelling units within a structure
may have the same front yard setback.
(c)
Variations in building setbacks shall be not less than two feet.
(13)
Nonresidential design standards:
(a)
For any retail, restaurant, or commercial tenant space, a minimum
of 50% of the building facade area at the ground level facing the
public right-of-way shall be transparent glazing.
(b)
For any retail, restaurant, or commercial space, the maximum
height of the storefront sill above the sidewalk shall be three feet.
(c)
For any retail, restaurant, or commercial space on the ground
level, a designated signage band shall be designed and incorporated
into the building facade above the storefront area for each tenant
space.
(14)
Sustainable design standards.
(a)
Strategies that minimize the impact of development on the environment
and enhance the health, safety, and well-being of residents by producing
durable, low-maintenance, resource-efficient housing, while making
optimum use of existing infrastructure and community services, shall
be encouraged.
(15)
Any deviation from these design standards shall require design
waiver relief and not variance relief from the appropriate Board.
[Added 12-12-2019 by Ord.
No. 2019-14]
The following regulations shall apply to all development within
the GH-1 District (MDG/Bathgate):
A.
Purpose. The Generational Housing-1 District is provided in accordance
with the terms of the settlement agreement between the Township of
Marlboro and Marlboro Development Group, and an order of the Superior
Court in the matter of in Re: In the Matter of the Application of
the Township of Marlboro for a Declaratory Judgement, Docket No. MON-L-2121-15,
and with the terms of in Re: Marlboro Development Group v. Township
of Marlboro, et al., Docket No. MON-L-3826-15.
B.
Permitted principal uses:
(1)
Attached single-family dwellings (townhouses) for market-rate
units.
(2)
Multifamily dwellings containing affordable housing units.
(3)
Commercial uses, as set forth below and detailed in Exhibit
C to the above referenced settlement agreement.
(a)
Retail sales and services, including convenience stores.
(b)
Personal service establishments.
(c)
Business and professional offices.
(d)
Medical and dental offices.
(e)
Restaurants, including fast food.
(f)
Banks and financial service institutions.
(g)
Entertainment uses such as billiard hall or music venue.
(4)
Mixed-use buildings of any combination of the above listed permitted
uses. In any mixed-use building, no residential uses shall be permitted
on the ground floor.
C.
Accessory uses:
(1)
Signs.
(2)
Fences.
(3)
Structural retaining walls.
(4)
Off-street parking.
(5)
Drive-through window service in connection with a permitted
commercial use.
(6)
Patios, decks, terraces, porches, or balconies.
(7)
Solar panels.
(8)
Residential amenity spaces including clubhouses, swimming pools,
playgrounds, picnic areas, and gathering spaces.
(9)
Dog runs.
(10)
Public and/or private utilities.
(11)
Temporary construction and sales trailers.
(12)
Management or leasing offices associated with the development.
(13)
Any use which is customarily incidental and subordinate to the
principal use of the property.
E.
Area, yard, and building requirements:
(1)
The maximum permitted residential density shall be 105 total
dwelling units within the district. Of the maximum of 105 total dwelling
units within the district, no more than 20 dwellings may be multifamily
dwellings.
(2)
The minimum tract area for market-rate townhouse development
shall be 10 acres.
(3)
The minimum tract area for stand-alone commercial development
shall be 25,000 square feet.
(4)
The minimum tract area for any multifamily development or mixed-use
development shall be 20,000 square feet.
(5)
All nonresidential uses, whether in a stand-alone building or
in a mixed-use building, shall be located within 275 feet of the Route
79 right-of-way.
(6)
A minimum of 8,000 square feet (gross floor area) of commercial
space shall be provided within the district.
(7)
An additional 8,000 square feet (gross floor area) of commercial
space shall be permitted, up to a maximum total of 16,000 square feet
(gross floor area) of commercial space within the district.
(8)
All portions of a tract dedicated to market-rate townhouse construction
shall be located a minimum of 200 feet from the Route 79 right-of-way.
(9)
(10)
Multifamily dwellings and mixed-use buildings:
(13)
Parking area setbacks:
(a)
Ten feet from any adjacent property line.
(b)
Zero feet from any internal subdivision line.
(c)
Zero feet from a commercial building.
(d)
Five feet from a multifamily or mixed-use building.
(e)
Ten feet from an attached single-family (townhouse) dwelling.
(f)
Zero feet from any internal drive aisle.
F.
Circulation requirements:
(1)
One site access driveway shall be provided from Route 79, which
may be shared by all uses on the site.
(2)
One site access driveway shall be provided from Schanck Road
which shall provide access only for townhouse residential uses.
(3)
A maximum of two access driveways may be provided on Stevenson
Drive.
(4)
Off-street parking for any nonresidential use shall be provided
at a ratio of one space per 250 square feet of leasable floor area.
(5)
No designated loading space shall be required for any nonresidential
use within a building of less than 12,000 square feet in leasable
area.
G.
Signage requirements:
(1)
In connection with commercial uses, one externally or internally
illuminated pylon project identification sign, with a maximum height
of 25 feet and a maximum sign area of 170 square feet per side, and
a minimum setback of 10 feet from Route 79, shall be permitted.
(2)
Within any commercial use, wall signage, or tenant signs shall
be permitted for each tenant space. The total amount of signage shall
not exceed 10% of the total facade area of the side of the building
facing the public street. Wall-mounted signage may be internally or
externally illuminated.
(3)
Signage in connection with a drive-through use may be permitted
to have a maximum height of nine feet, and a maximum sign area of
30 square feet. Drive-through menu signage may be digital LED or static,
and may be internally or externally illuminated. No more than two
drive-through signs shall be permitted.
(4)
Any structure housing affordable housing units shall be permitted
one externally illuminated project sign with a maximum height of six
feet, a maximum sign area of 50 square feet, and a minimum setback
of 10 feet from Route 79.
(5)
For any residential townhouse development, externally illuminated
project identification signs at both sides of a site access drive,
with a maximum height of 10 feet, a maximum sign width of 20 feet,
a maximum sign area of 50 square feet, and a minimum setback of 10
feet from any street or right-of-way shall be permitted.
(6)
Masonry and supporting members for any project identification
sign shall not be included in the calculation of signage area.
(7)
Directional or way-finding signage shall be permitted as necessary
to guide vehicles or pedestrians safely through any development. Directional
or way-finding signage shall have a maximum height of seven feet,
and a maximum sign area of five square feet.
(8)
Temporary advertising signs for residential development shall
be permitted. Ground signs shall have a maximum height of eight feet,
and a maximum sign area of 25 square feet. Flag signs shall have a
maximum height of 22 feet, and a maximum sign area of 60 square feet.
Banner signs shall not exceed the width of the temporary construction
fencing.
H.
Other provisions:
(1)
A minimum of 18.5% of the total number of dwelling units, or
20 units if the site is developed at the maximum permitted density
of 105 dwelling units, must be set aside as non-age-restricted affordable
rental units. Any calculation that results in a fraction of a unit
shall be rounded up to the nearest whole number as the required number
of affordable dwelling units to be provided.
(2)
A landscaped buffer with a minimum width of 20 feet shall be
provided around all tract boundaries where the property abuts a residential
use or zone. No buffer shall be required for any internal subdivision
lines within the district.
(3)
Off-street parking and circulation facilities may encroach into
a required landscaped buffer area, provided that the encroachment
does not exceed more than 5% of the total area of the buffer, and
that in no case is the buffer width reduced to less than five feet.
(4)
The residential components of any development project may incorporate
a gated entrance for security purposes.
(5)
Belgium block curbing or straight curbs shall be permitted in
residential developments.
(6)
The market-rate townhouse units may be developed as zero lot
line subdivision without additional setback requirements in fee simple
ownership or in the condominium form of ownership.
[Added 12-12-2019 by Ord.
No. 2019-14]
The following regulations shall apply to all development within
the GH-2 District (EL at Marlboro/Marlboro Parke):
A.
Purpose. The Generational Housing-2 District is provided in accordance
with the terms of an order of the Superior Court in the matter of
in Re: In the Matter of the Application of the Township of Marlboro
for a Declaratory Judgement, Docket No. MON-L-2121-15, and with the
terms of in Re: El at Marlboro 79 LLC v Township of Marlboro and the
Planning Board of Marlboro, Docket No. MON-L-2974-15.
C.
Accessory uses:
(1)
Signs.
(2)
Fences.
(3)
Structural retaining walls.
(4)
Off-street parking.
(5)
Patios, decks, terraces, porches, or balconies.
(6)
Maintenance garage building.
(7)
Solar panels.
(8)
Residential amenity spaces including clubhouses, swimming pools,
playgrounds, picnic areas, and gathering spaces.
(9)
Dog runs.
(10)
Public and/or private utilities.
(11)
Temporary construction and sales trailers.
(12)
Management and leasing offices associated with the development.
(13)
Any use which is customarily incidental and subordinate to the
principal use of the property.
E.
Area, yard, and building requirements:
(1)
The maximum permitted residential density shall be 280 total
dwelling units within the district.
(2)
The minimum tract area for development shall be 25 acres.
(3)
The maximum impervious coverage for the entire tract shall be
65%.
(4)
The maximum building coverage for the entire tract shall be
35%.
(5)
The minimum distance between buildings shall be 20 feet.
(8)
Attached single-family dwellings (townhouses):
F.
Circulation requirements:
(1)
A boulevard street entry from Route 79 shall serve as the primary
entrance driveway to any development.
(2)
A bikeway with a minimum width of 6.5 feet may be provided along
the frontage of Route 79, and may be permitted to encroach within
any front yard setback requirement.
(3)
All parking areas shall be setback a minimum of 25 feet from
any tract boundary.
(4)
A sidewalk with a minimum width of four feet shall be provided
on at least one side of every street.
G.
Signage requirements:
(1)
A maximum of two monument signs shall be permitted at the entrance
to a development along Route 79.
(a)
Monument signs shall be permitted to have a maximum height of
eight feet.
(b)
Monument signs shall be permitted to have a maximum sign area
of 100 square feet.
(c)
Monument signs shall be setback a minimum of 10 feet from the
Route 79 right-of-way, and shall not interfere with any required sight
distances.
(d)
The structure of any monument sign shall be primarily composed
of stone or brick.
H.
Other provisions.
(1)
A minimum of 20% of the total number of dwelling units, or 56
dwelling units, whichever is greater, must be non-age-restricted affordable
rental units. Any calculation that results in a fraction of a unit
shall be rounded up to the nearest whole number as the required number
of affordable dwelling units to be provided.
(2)
A landscaped buffer with a minimum width of 25 feet shall be
provided around all tract boundaries.
(3)
A minimum of 20% of the total tract area shall be set aside
as conservation, recreation, or open space.
(4)
No more than half of the required open space or recreation set
aside area shall be within wetlands, wetlands buffer areas, or 100-year
floodplain areas, as determined by the most recent FEMA flood insurance
rate maps.
(5)
Open space and recreation, both active and passive, may be satisfied
by any walking paths throughout the community, all green lawn or landscaped
areas outside of the building footprints, a tot lot, an outdoor pool,
or a clubhouse.
(6)
Outdoor storage sheds for residential use shall be prohibited.
(7)
There shall be no bedroom limitations or requirements for any
market-rate townhouse dwelling units.
[Added 12-12-2019 by Ord.
No. 2019-14]
The following regulations shall apply to all development within
the GH-3 District (Weitz/Pallu):
A.
Purpose. The Generational Housing-3 District is provided in accordance
with the terms of an order of the Superior Court in the matter of
in Re: In the Matter of the Application of the Township of Marlboro
for a Declaratory Judgement, Docket No. MON-L-2121-15, and with the
terms of in Re: Ashbel Associates, LLC, et al. v. Township of Marlboro,
et al., Docket No. MON-L-3069-15. In accordance with the court matters
identified above, certain properties located at Block 267, Lots 36
and 37, and Block 299, Lot 33, are to be donated to the Township for
the purposes of open space or other municipal nonhousing use, in association
with the development of any property located within the Generational
Housing-3 District. Those properties are being rezoned to the newly
created Recreation and Open Space District as a part of this section.
In addition, three separate parcels which were party to this same
court matters, known as Block 146 Lot 21, Block 146 Lot 23, and Block
207 Lot 5, are not to be rezoned, and have specifically been excluded
from consideration from any zoning actions described in this section.
C.
Accessory uses:
(1)
Signs.
(2)
Fences.
(3)
Structural retaining walls.
(4)
Off-street parking.
(5)
Patios, decks, terraces, porches, or balconies.
(6)
Solar panels.
(7)
Residential amenity spaces including clubhouses, swimming pools,
playgrounds, picnic areas, and gathering spaces.
(8)
Dog runs.
(9)
Public and/or private utilities.
(10)
Temporary construction and sales trailers.
(11)
Management or leasing offices associated with the development.
(12)
Any use which is customarily incidental and subordinate to the
principal use of the property.
E.
Area, yard, and building requirements:
(1)
The maximum permitted residential density shall be a total of
387 residential dwelling units within the district.
(2)
The minimum tract area for development shall be 10 acres.
(3)
The maximum impervious coverage for the entire tract shall be
65%.
(4)
The maximum building coverage for the entire tract shall be
25%.
G.
Signage requirements:
(1)
A maximum of one entrance sign shall be permitted per access
driveway.
(a)
Any entrance sign shall be a monument sign composed of a stone
base.
(b)
The maximum permitted height of an entrance sign shall be eight
feet, on top of a stone base with a maximum height of two feet, for
a maximum permitted total height of 10 feet.
(c)
The maximum permitted width of an entrance sign shall be eight
feet.
(d)
The maximum permitted width of a stone base shall be 10 feet.
(e)
The maximum permitted sign area of an entrance sign shall be
40 square feet, exclusive of any stone base or other structural supports.
(f)
Any entrance sign shall be set back a minimum of 15 feet from
a street right-of-way.
(g)
Any entrance sign shall be set back a minimum of eight feet
from any internal road or driveway.
(h)
Entrance signs shall be permitted to be internally or externally
illuminated.
(2)
A maximum of two building identification wall signs shall be
permitted per building.
(a)
Building identification wall signs shall not exceed the height
of the eave of the roof.
(b)
Building identification wall signs shall have a maximum permitted
sign area of six square feet each.
(c)
Building identification wall signs shall be permitted to project
from the face of the wall a maximum distance of six inches.
(3)
Directional signage shall be permitted as necessary for safe
and efficient circulation on the site.
H.
Other provisions:
(1)
A minimum of 20% of the total number of dwelling units, or 78
dwelling units, whichever is greater, must be non-age-restricted affordable
rental units. Any calculation which results in a fraction of a unit
shall be rounded up to the nearest whole number as the required number
of affordable dwelling units to be provided.
(2)
A landscaped buffer with a minimum width of 20 feet shall be
provided along all tract boundaries.
(3)
The provisions of § 220-43G, Tennis and sports courts, shall not apply unless such proposed uses are located within the tract boundaries.
(4)
Pools and other recreation features shall be permitted with
a minimum setback of 20 feet from any residential dwelling, clubhouse,
structure, or any other pool.
(5)
Drainage, utilities, driveways, and recreation facilities may
be permitted to encroach within a required buffer area.
[Added 12-12-2019 by Ord.
No. 2019-14]
The following regulations shall apply to all development within
the GH-4 District (Weitz/Ashbel):
A.
Purpose. The Generational Housing-4 District is provided in accordance
with the terms of an order of the Superior Court in the matter of
in Re: In the Matter of the Application of the Township of Marlboro
for a Declaratory Judgement, Docket No. MON-L-2121-15, and with the
terms of in Re: Ashbel Associates, LLC, et al. v. Township of Marlboro,
et al., Docket No. MON-L-3069-15. In accordance with the court matters
identified above, certain properties located at Block 267, Lots 36
and 37, and Block 299, Lot 33, are to be donated to the Township for
the purposes of open space or other municipal nonhousing use, in association
with the development of any property located within the Generational
Housing-3 District. Those properties are being rezoned to the newly
created Recreation and Open Space District as a part of this section.
In addition, three separate parcels which were party to this same
court matters, known as Block 146 Lot 21, Block 146 Lot 23, and Block
207 Lot 5, are not to be rezoned, and have specifically been excluded
from consideration from any zoning actions described in this section.
C.
Accessory uses:
(1)
Signs.
(2)
Fences.
(3)
Structural retaining walls.
(4)
Off-street parking.
(5)
Patios, decks, terraces, porches, or balconies.
(6)
Solar panels.
(7)
Residential amenity spaces including clubhouses, swimming pools,
playgrounds, picnic areas, and gathering spaces.
(8)
Dog runs.
(9)
Public and/or private utilities.
(10)
Temporary construction and sales trailers.
(11)
Management or leasing offices associated with the development.
(12)
Any use which is customarily incidental and subordinate to the
principal use of the property.
E.
Area, yard, and building requirements:
(1)
The maximum permitted residential density shall be a total of
120 residential dwelling units.
(2)
The minimum tract area for development shall be 10 acres.
(3)
The minimum tract width shall be 500 feet.
(4)
The minimum tract depth shall be 500 feet.
(5)
The maximum impervious coverage for the entire tract shall be
50%.
(6)
The maximum building coverage for the entire tract shall be
25%.
G.
Signage requirements:
(1)
A maximum of one entrance sign shall be permitted per access
driveway.
(a)
Any entrance sign shall be a monument sign composed of a stone
base.
(b)
The maximum permitted height of an entrance sign shall be eight
feet, on top of a stone base with a maximum height of two feet, for
a maximum permitted total height of 10 feet.
(c)
The maximum permitted width of an entrance sign shall be eight
feet.
(d)
The maximum permitted width of a stone base shall be 10 feet.
(e)
The maximum permitted sign area of an entrance sign shall be
40 square feet, exclusive of any stone base or other structural supports.
(f)
Any entrance sign shall be setback a minimum of 15 feet from
a street right-of-way.
(g)
Any entrance sign shall be setback a minimum of eight feet from
any internal road or driveway.
(h)
Entrance signs shall be permitted to be internally or externally
illuminated.
(2)
A maximum of two building identification wall signs shall be
permitted per building.
(a)
Building identification wall signs shall not exceed the height
of the eave of the roof.
(b)
Building identification wall signs shall have a maximum permitted
sign area of six square feet each.
(c)
Building identification wall signs shall be permitted to project
from the face of the wall a maximum distance of six inches.
(3)
Directional signage shall be permitted as necessary for safe
and efficient circulation on the site.
H.
Other provisions:
(1)
A minimum of 20% of the total number of dwelling units, or 24
dwelling units, whichever is greater, must be non-age-restricted affordable
rental units. Any calculation which results in a fraction of a unit
shall be rounded up to the nearest whole number as the required number
of affordable dwelling units to be provided.
(2)
A landscaped buffer with a minimum width of 20 feet shall be
provided along all tract boundaries.
(3)
Drainage, utilities, driveways, and recreation facilities may
be permitted to encroach within a required buffer area.
[Added 12-12-2019 by Ord.
No. 2019-14]
The following regulations shall apply to all development within
the GH-5 District (M&M):
A.
Purpose. The Generational Housing-5 District is provided in accordance
with the terms of an order of the Superior Court in the matter of
in Re: In the Matter of the Application of the Township of Marlboro
for a Declaratory Judgement, Docket No. MON-L-2121-15.
C.
Accessory uses:
(1)
Signs.
(2)
Fences.
(3)
Structural retaining walls.
(4)
Off-street parking.
(5)
Patios, decks, terraces, porches, or balconies.
(6)
Solar panels.
(7)
Residential amenity spaces including clubhouses, swimming pools,
playgrounds, picnic areas, and gathering spaces.
(8)
Public and/or private utilities.
(9)
Temporary construction and sales trailers.
(10)
Management or leasing offices associated with the development.
(11)
Any use which is customarily incidental and subordinate to the
principal use of the property.
E.
Area, yard, and building requirements:
(1)
The maximum permitted residential density shall be a total of
200 residential dwelling units.
(2)
The minimum tract area for development shall be 10 acres.
(3)
The maximum impervious coverage for the entire tract shall be
50%.
(4)
The maximum building coverage for the entire tract shall be
25%.
(7)
Attached single-family dwellings (townhouses):
G.
Other provisions:
(1)
A minimum of 20% of the total number of dwelling units, or 40
dwelling units, whichever is greater, must be non-age-restricted affordable
rental units. Any calculation which results in a fraction of a unit
shall be rounded up to the nearest whole number as the required number
of affordable dwelling units to be provided.
(2)
A landscaped buffer with a minimum width of 20 feet shall be
provided along all tract boundaries.
(3)
Drainage, utilities, driveways, and recreation facilities may
be permitted to encroach within a required buffer area.
[Added 12-12-2019 by Ord.
No. 2019-14]
The following regulations shall apply to all development within
the GH-6 District (Buckdale):
A.
Purpose. The Generational Housing-6 District is provided in accordance
with the terms of an order of the Superior Court in the matter of
in Re: In the Matter of the Application of the Township of Marlboro
for a Declaratory Judgement, Docket No. MON-L-2121-15.
C.
Accessory uses:
(1)
Signs.
(2)
Fences.
(3)
Structural retaining walls.
(4)
Off-street parking.
(5)
Patios, decks, terraces, porches, or balconies.
(6)
Solar panels.
(7)
Residential amenity spaces including clubhouses, swimming pools,
playgrounds, picnic areas, and gathering spaces.
(8)
Public and/or private utilities.
(9)
Temporary construction and sales trailers.
(10)
Management or leasing offices associated with the development.
(11)
Any use which is customarily incidental and subordinate to the
principal use of the property.
E.
Area, yard, and building requirements:
(1)
The maximum permitted residential density shall be a total of
45 residential dwelling units.
(2)
The minimum tract area for development shall be 10 acres.
(3)
The maximum impervious coverage for the entire tract shall be
60%.
(4)
The maximum building coverage for the entire tract shall be
32%.
(6)
F.
Other provisions:
(1)
A minimum of 20% of the total number of dwelling units, or nine
dwelling units, whichever is greater, must be non-age-restricted affordable
rental units. Any calculation which results in a fraction of a unit
shall be rounded up to the nearest whole number as the required number
of affordable dwelling units to be provided.
(2)
All new construction of affordable dwelling units shall incorporate
an even split between low- and moderate-income units. In the event
that an even split results in a fraction of a dwelling unit, the additional
dwelling unit shall be permitted to be a moderate-income unit within
the GH-6 District.
(3)
No recreation space or amenities shall be required within the
GH-6 District.
(4)
The maximum permitted size of any deck or patio shall be 10
feet in width by 10 feet in depth.
[Added 12-12-2019 by Ord.
No. 2019-14]
The following regulations shall apply to all development within
the GH-7 District (Wildflower):
A.
Purpose. The Generational Housing-7 District is provided in accordance
with the terms of an order of the Superior Court in the matter of
in Re: In the Matter of the Application of the Township of Marlboro
for a Declaratory Judgement, Docket No. MON-L-2121-15.
C.
Accessory uses:
(1)
Signs.
(2)
Fences.
(3)
Structural retaining walls.
(4)
Off-street parking.
(5)
Patios, decks, terraces, porches, or balconies.
(6)
Solar panels.
(7)
Residential amenity spaces including clubhouses, swimming pools,
playgrounds, picnic areas, and gathering spaces.
(8)
Public and/or private utilities.
(9)
Temporary construction and sales trailers.
(10)
Management or leasing offices associated with the development.
(11)
Any use which is customarily incidental and subordinate to the
principal use of the property.
E.
Area, yard, and building requirements:
(1)
The maximum permitted residential density shall be a total of
258 residential dwelling units within the district.
(2)
The minimum tract area for development shall be two acres.
(3)
(4)
F.
Other provisions:
(1)
One hundred percent of all residential dwelling units constructed
within the Generational Housing 7 District shall be affordable dwelling
units other than up to two superintendent's units, as the superintendent's
units are not required to be deed restricted as affordable housing
units.
(2)
All new construction of affordable dwelling units shall incorporate
an even split between low- and moderate-income units. In the event
that an even split results in a fraction of a dwelling unit, the additional
dwelling unit shall be permitted to be a low-income unit within the
GH-7 District. Thirteen percent of all affordable dwelling units shall
be very-low-income units as defined in the Fair Housing Act. The bedroom
distribution shall be as required by N.J.A.C. 5:80-26.3 and the very-low-income,
low-income, and moderate-income units shall be proportionally distributed
within each bedroom category.
(3)
No recreation space or amenities shall be required within the
GH-7 District.
(4)
A landscaped buffer with a minimum width of 15 feet shall be
provided along all tract boundaries.
[Added 12-12-2019 by Ord.
No. 2019-14]
The following regulations shall be applicable to all property
within the GH-8 District (Motor Lodge) as an overlay district.
A.
Purpose. The Generational Housing-8 District is provided in accordance
with the terms of an order of the Superior Court in the matter of
in Re: In the Matter of the Application of the Township of Marlboro
for a Declaratory Judgement, Docket No. MON-L-2121-15. The regulations
found within this section shall serve as an overlay to the underlying
zoning. Development may be permitted under either these overlay district
standards, or the underlying zoning. There shall be no mixing of overlay
or underlying standards for any development.
C.
Accessory uses:
(1)
Signs.
(2)
Fences.
(3)
Structural retaining walls.
(4)
Off-street parking.
(5)
Patios, decks, terraces, porches, or balconies.
(6)
Solar panels.
(7)
Residential amenity spaces including clubhouses, swimming pools,
playgrounds, picnic areas, and gathering spaces.
(8)
Public and/or private utilities.
(9)
Temporary construction and sales trailers.
(10)
Management or leasing offices associated with the development.
(11)
Any use which is customarily incidental and subordinate to the
principal use of the property.
E.
Area, yard, and building requirements:
(1)
The maximum permitted residential density shall be a total of
92 residential dwelling units.
(2)
The minimum tract area for development shall be three acres.
(3)
The maximum impervious coverage for the entire tract shall be
60%.
(4)
The maximum building coverage for the entire tract shall be
32%.
(6)
(7)
F.
Other provisions:
(1)
One hundred percent of all residential dwelling units constructed
within the Generational Housing 8 Overlay District shall be age-restricted
affordable rental dwelling units other than one superintendent's unit,
as the superintendent's unit is not required to be deed restricted
as an affordable housing unit.
(2)
All new construction of affordable dwelling units shall incorporate
an even split between low- and moderate-income units. In the event
that an even split results in a fraction of a dwelling unit, the additional
dwelling unit shall be permitted to be a low-income unit within the
GH-8 District. Thirteen percent of all affordable dwelling units shall
be very-low-income units as defined in the Fair Housing Act. The bedroom
distribution shall be as required by N.J.A.C. 5:80-26.3 and the very-low-income,
low-income, and moderate-income units shall be proportionally distributed
within each bedroom category.
(3)
No recreation space or amenities shall be required within the
GH-8 District.
(4)
A landscaped buffer with a minimum width of 20 feet shall be
provided along all tract boundaries.
A.
Fences hereafter erected, altered or reconstructed
in any zone in the Township of Marlboro shall be open fences not to
exceed three feet in height above ground level when located in a front
yard area, or five feet on a lot of six or more acres of farmland,
or fences not to exceed six feet in height above ground level in any
side or rear yard areas, except as follows:
(1)
Open wire fences not exceeding eight feet in height
may be erected in the rear or side yard areas in any commercial or
industrial zone district.
(2)
Open wire fences not exceeding eight feet in height
may be erected within public park, public playground or public school
properties.
(3)
Fences enclosing commercial or private club pools shall adhere to the requirements of § 220-96 of this chapter.
(4)
Fences specifically required by this section.
(5)
For corner properties, fences in front yards may be
permitted on setback lines, provided that the setback lines are no
further from the principal structure than four feet. No such fence,
however, shall be permitted across the entire width of that part of
the property where the front door or entrance to the premises is located.
[Added 6-24-1993 by Ord. No. 31-93]
(6)
Certain zones such as the PAC II and any other zones
as may be amended from time to time may have particular restrictions
which shall apply due to the nature and type of construction within
that zone. Restrictive clauses which apply to all zones shall continue
to apply even where a particular zone has additional restrictions.
In all cases the more restrictive clause is applicable.
[Added 9-25-1997 by Ord. No. 21-97]
(7)
Lots with frontage on more than one street, excluding
corner lots. The requirements of this section shall apply for lots
with two lot frontages, excluding corner lots, when the owner seeks
to erect a fence to create a usable rear yard, heretofore their second
front yard.
[Added 4-29-1999 by Ord. No. 1999-3]
(a)
The owner may designate a front and rear yard
in accordance with the following:
(b)
Property owners who would erect a fence within
the designated rear yard may do so provided that:
[1]
A fence must be erected 20 feet from the property
line but in no event closer than 10 feet from any sidewalk.
[2]
Notwithstanding the provisions of § 220-95A to the contrary, a fence permitted under this section must be a six-foot high wooden fence known as a "shadow box" or "board on board," constructed with one-inch by four-inch boards, a PVC fence, or a Jerith fence. The wooden fence must also have a plain post. The side of the wooden fence facing the Township street must remain a natural color. However, that side may be treated so long as it is not stained in other than a natural wood color.
[Amended 5-9-2002 by Ord. No. 2002-13]
[3]
The area between the fence and the property
line must be landscaped in a diamond pattern. The landscaping shall
consist of a double row of white pine, white fir, Fraser fir, Colorado
spruce, Douglas Fir or Norway spruce and having a minimum size of
three feet to four feet. The trees must be balled and burlapped. The
trees shall be so located as to be 20 feet from center to center.
The second row of trees shall be six feet behind the first row planted,
however, in a diamond pattern. The trees shall be offset seven feet
from the property line and the fence.
(c)
As a condition of the issuance of any permit
under this section, the homeowner shall remain responsible for the
maintenance and upkeep of the area between the fence and the street.
(8)
Corner lots or lots having more than two front yards.
The requirements of this section shall apply for lots with more than
two front yards when the owner seeks to erect a fence to create a
usable side yard, heretofore their second or third front yard.
[Added 4-29-1999 by Ord. No. 1999-3]
(a)
The owner may designate a front, side and rear
yard in accordance with the following:
[1]
If the lot contains a principal structure, the
front will be considered the direction the principal structure faces.
The rear yard will be considered the opposite direction from the direction
the principal structure faces. The remaining front yard(s) will be
considered as a side yard or yards.
[2]
If the lot does not contain a principal structure,
the smaller of the lot lines coexistent with street lines shall be
considered as the lot frontage.
(b)
Property owners who would erect a fence within
the designated rear yard may do so provided that:
[1]
The fence may start at the rear corner of the
principal structure. A fence must be erected 20 feet from the property
line, but in no event closer than 10 feet from any sidewalk.
[2]
Notwithstanding the provisions of § 220-95A to the contrary, a fence permitted under this section must be a six-foot-high wooden fence known as a "shadow box" or "board on board," constructed with one-inch by four-inch boards, a PVC fence, or a Jerith fence. The wooden fence must also have a plain post. The side of the wooden fence facing the Township street must remain a natural color. However, that side may be treated so long as it is not stained in other than a natural wood color.
[Amended 5-9-2002 by Ord. No. 2002-13]
[3]
The area between the fence and the property
line must be landscaped in a diamond pattern. The landscaping shall
consist of a double row of white pine, white fir, Fraser fir, Colorado
spruce, Doublas fir or Norway spruce and having a minimum size of
three to four feet. The trees must be balled and burlapped. The trees
shall be so located as to be 20 feet from center to center. The second
row of trees shall be six feet behind the first row planted, however,
in a diamond pattern. The trees shall be offset seven feet from the
property line and the fence.
(c)
As a condition of the issuance of any permit
under this section, the homeowner shall remain responsible for the
maintenance and upkeep of the area between the fence and the street.
(9)
Fences
not exceeding 12 feet in height for any property in a residential
zone that has a side or rear yard that abuts the right-of-way of Route
18, provided that the fence may not be constructed on a berm that
exceeds four feet in height, and further provided that if a fence
is located on a berm that is equal to or less than four feet in height,
the total height of the fence and the berm cannot exceed 16 feet in
height. In addition, the following shall apply to all fences erected
pursuant to this subsection:
[Added 6-26-2008 by Ord. No. 2008-20]
(a)
The side or rear yard fence may be erected on the side or rear lot
line that abuts the right-of-way of Route 18.
(b)
A side or rear yard fence permitted under this subsection must be
constructed of wood, wood composite, or other solid materials that
shall have the ability to absorb sound. The side or rear yard fence
must also have a plain post and the side of the fence facing the highway
must remain a natural color. However, the side of the fence that faces
Route 18 may be treated so long as it is not stained in other than
a natural wood color.
(c)
If the side or rear yard fence is not erected on the lot-line that
abuts the right-of-way of Route 18, then the area between the fence
and the Route 18 right-of-way must be landscaped in a diamond pattern.
The landscaping shall consist of a double row of White Pine, White
Fir, Fraser Fir, Colorado Spruce, Fir or Norway Spruce trees having
a minimum size of three feet to four feet in height. The trees must
be balled and burlapped. The trees shall be so located as to be 20
feet from center to center. The second row of trees shall be six feet
behind the first row planted, however, in a diamond pattern. The trees
shall be offset five feet from the property line and the fence. As
a condition of the issuance of any permit under this subsection, the
homeowner shall remain responsible for the maintenance and upkeep
of the area between the fence and right-of-way of Route 18.
(d)
All side or rear yard fences erected pursuant to this section must
be erected to present a uniform top height; no gaps or other variations
in top height are permitted.
B.
Every fence shall be maintained in a safe, sound,
upright condition and shall be erected with the framework or supporting
structure facing the inside of the lot.
C.
All fences must be erected within the property lines,
and no fence shall be erected so as to encroach upon any easement
or right-of-way, unless an agreement permitting the erection of the
fence is executed with the owner of the affected easement or right-of-way,
and the location of the fence would otherwise conform to the Township's
Zoning Ordinance and does not impair the purpose or function of the
easement or right-of-way. The agreement shall contain a provision
stating that if access to the affected easement or right-of-way is
required, removal and replacement of the subject fence shall be at
the sole expense of the owner of the fence. Fences shall be erected
in a manner so as to permit the flow of natural drainage and shall
not cause surface water to be blocked or dammed to create ponding.
[Amended 5-9-2002 by Ord. No. 2002-13]
D.
The following fences and fencing materials are specifically
prohibited in all zone districts in the Township of Marlboro: barbed
wire unless the lot is more than six acres, canvas, cloth, electric,
expandable and collapsible fences.
E.
If the Building Inspector, upon inspection, determines
that any fence or portion of any fence is not being maintained in
a safe, sound or upright condition, he shall notify the owner of such
fence in writing of his findings and state briefly the reasons for
such findings and order such fence or portion of such fence repaired
or removed within 30 days of the date of the written notice.
F.
These restrictions shall not be applied so as to restrict
the erection of a wall for the purpose of retaining earth.
G.
The following requirements shall apply to fences around
privately owned pools:
(1)
Fences around pools shall effectively enclose pools
all around. Enclosure which is partially effected by the dwelling
itself shall not be deemed an adequate enclosure.
(2)
Fences must be equipped with an appropriate locking
device such as latch and padlock or chain and padlock, or a similarly
dependable device, approve by the Building Inspector, which ensures
that the gate cannot be opened except with a suitable key.
(3)
Wooden fences shall be flush on the outside and nonclimbable
from the outside. On chain link fences, mesh size openings (diamond
or square pattern) shall not exceed 1 1/2 inches in any direction
measured between parallel fabric strands. The mesh shall be a minimum
of No. 9 gauge (0.148 inch in diameter) or as otherwise approved by
the Building Inspector and shall be made of an approved material and
coating.
(4)
The fence must be properly anchored and soundly constructed
so that it will withstand the following fifty-pound topple test: a
fifty-pound force applied horizontally to the surface of the fence
about four feet above the ground at any point along the fence should
cause a deflection of not more than three inches, and the fence should
elastically return to its original position following the release
of the horizontal force.
H.
No fence shall be constructed in any zone other than
a residential zone without a zoning permit and site plan approval
in accordance with the site plan regulations of the Township of Marlboro.
Construction of a fence in a residential zone shall not begin until
a zoning permit and a building permit have been obtained from the
Township of Marlboro.
[Added 5-23-1991 by Ord. No. 11-91]
A.
Location of clubhouse or bathhouse. The clubhouse
or bathhouse for an outdoor commercial or private club swimming pool
shall be set back not less than 150 feet from the front property line
and not closer than 100 feet to the side and rear property lines.
However, no clubhouse or bathhouse shall be required for a hotel or
motel.
B.
Pool location. An outdoor commercial or private club
swimming pool shall be located not less than 35 feet from the side
or rear of the clubhouse, bathhouse, motel or hotel on the building
lot and not less than 200 feet from the front property line and not
less than 100 feet from the side or rear property line.
C.
Off-street parking. Ample parking space shall be provided
in an area or areas located not less than 100 feet from the front
property line and not less than 60 feet from side or rear property
line and providing a total area equal to 350 square feet for each
car space.
[Amended 2-27-1997 by Ord. No. 3-97]
D.
Size of pool.
(1)
A swimming pool for a private club limited to a maximum
of 100 members shall have a minimum size of 1,800 square feet, and
for each additional 25 members or fraction thereof, the pool shall
be enlarged by 450 square feet.
(2)
For a commercial swimming pool limited to a total
of 100 lockers or baskets for bathers' clothing, the minimum size
of the pool shall be 2,000 square feet, and for every additional 25
lockers or baskets or fraction thereof, the pool shall be enlarged
by 500 square feet.
E.
Swimming section. The diving section shall be greater
than 5.5 feet in depth; the nondiving sections shall be less than
5.5 feet in depth. The area reserved around each diving board or platform
provided for diving purposes shall be not less than 300 square feet.
F.
Pump location. The pump of a filtration or pumping
system of a commercial swimming pool or private club pool shall be
located not less than 75 feet from any side or rear property line.
G.
Lounging and spectator area. In addition to the decks
or walks surrounding the swimming pool, an area shall be provided
for lounging or spectator use.
H.
Clubhouse and bathhouse facilities. The clubhouse
or bathhouse shall be equipped with separate facilities for men and
women. These facilities shall include adequate dressing rooms, lockers,
showers and toilets.
I.
Wading pool. A swimming pool for private club or commercial
use shall provide a separate wading pool.
J.
Pool enclosure. To provide safety and a degree of
privacy, an outdoor swimming pool for private club or commercial use
shall be surrounded entirely by a suitable, strong, tight fence capable
of holding a live load of 250 pounds between posts located not more
than eight feet apart; however, one or more sides of the clubhouse
or bathhouse may serve as a part of the enclosure. The fence shall
be located not less than 15 feet from the closest edge of the pool.
The fence shall be from eight feet to 10 feet high, having no opening
larger than a two-inch square. All supports shall be inside of the
fence and the top of such support shall be at least one inch lower
than the top of the fence.
K.
Gate. Any opening or openings in the fence to afford
entry to the pool shall be equipped with a substantial gate similar
to the fence and extending from no less than two inches above the
ground to the height of the fence. The gate shall be of a self-closing
type, open outwardly only and be equipped with a lock and key or chain
and padlock and shall be kept locked except when the pool is in use.
L.
Lighting. A complete system of artificial lighting
shall be provided for a swimming pool, including lounging and parking
areas, which is operated by a private club or for commercial use.
Arrangement and design of lights shall be such that all parts of the
pool and its appurtenances shall be clearly visible to attendants.
All lighting fixtures shall be shielded so as to prevent any direct
beam from falling upon any adjoining property. Overhead wires shall
not be carried across the swimming pool and wading pool proper, decks
and lounging areas. Underwater lighting shall be designed, installed
and grounded so as not to create a hazard to bathers.
M.
Noise. No sound-amplifying system shall be operated
or other activities permitted at any swimming pool for commercial
or private club use which shall cause undue noise or constitute a
nuisance to the surrounding neighbors. Closing time shall be at 10:30
p.m.
N.
Maintenance and inspection.
(1)
Swimming pools for commercial or private club use
shall be maintained in good working order and in a safe and sanitary
condition at all times as specified by the swimming pool standards
of the Township's Board of Health. The area surrounding the pool,
its enclosures, parking area and lounging areas shall be kept neat,
in good order and attractive so as to be in conformity with the surrounding
properties. No rubbish, debris or litter of any kind shall be permitted
at any time.
(2)
Any swimming and wading pool for commercial or private
club use, including bath- or clubhouse, bathing, wading, lounging
and parking areas and all enclosures, shall be subject to inspection
at any time by the Health Officer or Police Department of the Township
of Marlboro.
A.
General provisions.
(1)
Off-street parking space shall be provided as further
specified in this chapter and shall be furnished with necessary passageways
and driveways. All such space shall be deemed to be required space
on the lot on which it is situated, and no such space shall be encroached
upon or reduced in any manner. All parking areas, passageways and
driveways shall be constructed in accordance with the design specifications
of the subdivision provisions of this chapter. Landscaping consisting
of attractive trees, shrubs, plants and grass lawns shall be required
and planted in accordance with the site plans. Special buffer planting
shall be provided along the side and rear property lines so as to
provide protection to adjacent properties when such lot lines abut
residential zones or uses.
(2)
None of the off-street parking facilities that are
required in this chapter shall be required for any existing building
or use unless said building or use shall be enlarged, in which case
the provisions of this chapter, at the discretion of the Planning
Board, shall apply only to the enlarged portions of the building or
use.
(3)
The collective provision of off-street parking area
by two or more buildings or uses located on adjacent lots is permitted,
provided that the total of such facilities shall not be less than
the sum required of the various buildings or uses computed separately,
and further provided that the land upon which the collective facilities
are located is owned or leased by one or more of the collective users.
(4)
All parking areas and appurtenant passageways and
driveways serving commercial and industrial uses shall be illuminated
adequately during the hours between sunset and sunrise when the use
is in operation upon the premises. Adequate shielding shall be provided
by commercial and industrial users to protect adjacent residential
zones from the glare of such illumination and from that of automobile
headlights. The operator of any commercial or industrial premises
may reduce the amount of lighting after 12:00 midnight by not more
than 50% of the total lighting required during the period between
sunset and sunrise.
(5)
Parking areas may be located in any rear or side yard,
but may not be located in any required front yard area except where
specifically permitted elsewhere in this chapter.
(6)
Parking spaces, driveways and aisles shall be clearly
marked and delineated. For safety and fire-fighting purposes, free
access between adjacent parking areas shall be provided.
(7)
It shall be the responsibility of the owner of the
property to maintain all off-street parking, loading and unloading
areas, driveways, aisles and accessways in good condition, free of
sagging condition, potholes, cracked pavement, etc. All lighting,
bumpers, markings, signs, drainage and landscaping shall be similarly
kept in workable, safe and good condition. Parking space striping
shall be inspected periodically by the Township Engineer every three
years. If the condition of the striping has deteriorated to a condition
deemed by the Township Engineer to warrant renewal, the owner shall
repair the markings to the satisfaction of the Township Engineer.
Irrespective of the above-described inspection period, if the Township
Engineer or the Division of Highway Safety of the Township Police
Department determines that the layout of the parking space lines,
curbs, islands or other traffic guidance features is such as to adversely
affect safety, the Township Engineer can require the owner to redesign
and install such traffic guidance and parking features. Where such
redesign is ordered by the Township Engineer, the revised design must
be reviewed and approved by the Township Planning Board prior to the
start of repairs, construction and/or repainting. If the owner fails
to undertake repairs after proper notification by the Township Engineer,
the governing body may authorize repairs to be made at the owner's
expense if, in the governing body's opinion, conditions constitute
a hazard to the safety and welfare of the Township residents and visitors
or may revoke the owner's certificate of occupancy and require the
property to be vacated.
[Amended 12-11-1986 by Ord. No. 54-86; 12-10-2009 by Ord. No.
2009-35]
B.
Each off-street parking space shall measure not less than 10 feet by 20 feet, exclusive of access drives and aisles, except that parallel curb parking spaces shall be nine feet by 23 feet. Angle parking dimensions shall be as per § 220-169H.
[Amended 12-11-1986 by Ord. No. 54-86]
C.
Access aisles and driveways.
(1)
No access drive, driveways, pathways or any other
means of egress or ingress shall be located in any residential zone
to provide access to uses other than those permitted in any such residential
zone.
(2)
All driveways shall cross sidewalk areas at grade.
(3)
No driveway to or from a parking area shall be located
closer than 100 feet to the nearest right-of-way line of an intersecting
street. However, no driveway to or from a parking area of any major
use (such as a shopping center or industrial use) which in the opinion
of the Planning Board will generate large traffic volumes shall be
located closer than 200 feet to the nearest right-of-way line of an
intersecting street.
(4)
Driveways shall have a minimum width of 12 feet for
one-way traffic and 25 feet for two-way traffic for single-family
residences, and a minimum width of 20 feet for one-way traffic and
25 feet for two-way traffic for all other uses.
(5)
Aisles from which cars directly enter or leave parking spaces shall be as per § 220-169H.
[Amended 12-11-1986 by Ord. No. 54-86]
(6)
Parking areas shall be so arranged as to provide adequate access
to all buildings in case of fire or other emergency. The developer
shall post adequate signs and provide pavement markings, approved
by the Planning Board, prohibiting such parking and designating such
areas as fire zones.
[Amended 1-3-2019 by Ord.
No. 2018-23]
(7)
All off-street parking, off-street loading and service areas and
outdoor dining and/or seating areas shall be separated from walkways,
sidewalks, streets or alleys by curbing and other protective devices,
such as bollards, approved by the Planning Board.
[Added 1-3-2019 by Ord.
No. 2018-23]
D.
Sidewalks and curbing. Sidewalks with a minimum width
of four feet shall be provided in all parking areas for five or more
vehicles, between parking areas and principal structures, along aisles
and driveways and wherever pedestrian traffic shall occur. Sidewalks
must be raised six inches above the parking area except where crossing
streets or driveways, and curbed as a protection to pedestrians using
the walks. Sidewalks and parking areas must be arranged to prevent
cars from overhanging or extending over sidewalk areas.
E.
Parking areas in commercial and industrial districts.
(1)
Off-street parking areas which abut a residential or institutional use on any side shall be set back a minimum of 25 feet from the lot line and adequately buffered and screened from such use with planting or fencing, subject to the approval of the Planning Board and in accordance with the provisions of § 220-100 of this chapter.
(2)
Not more than two driveways used as a means of ingress
or egress for nonresidential off-street parking areas shall be permitted
for each 600 feet of frontage on a public street, nor shall any driveway
be located closer than 100 feet to the intersection of two public
streets.
(3)
All parking areas for 10 or more vehicles shall be
landscaped with hedges and shade trees of a type and quantity approved
by the Planning Board.
(4)
All parking areas for 20 or more vehicles shall contain grassed or landscaped island areas of at least six feet in width separating rows of parking spaces in accordance with the provisions of § 220-169H. Such island areas shall be spread throughout the parking area in accordance with a site plan approved by the Planning Board and shall occupy a minimum of 10% of the area formed by the outer perimeter of the paved parking area. The island areas shall contain a minimum of one shade tree for each 10 parking spaces in the parking area and shall be landscaped in accordance with a landscaping plan approved by the Planning Board.
[Amended 12-11-1986 by Ord. No. 54-86; 9-27-1990 by Ord. No.
43-90]
(5)
For commercial and all nonresidential uses in business
districts, required parking shall be provided within 150 feet of such
use, measured from the nearest point of the parking facility to the
nearest point of the building that such facility is required to serve.
(6)
All parking areas for 10 or more motor vehicles shall
have artificial lighting that will provide an average lighting level
of 0.5 horizontal footcandle throughout the parking area. The minimum
lighting level at any location within the parking area shall be 75%
of the average level. Freestanding light poles shall be no higher
than the height of the highest principal building served by the parking
area, plus five feet.
[Amended 6-13-1985 by Ord. No. 16-85]
F.
Required off-street parking spaces.
[Amended 7-18-1985 by Ord. No. 24-85; 2-13-1986 by Ord. No.
43-85; 6-11-1987 by Ord. No. 26-87; 11-19-1987 by Ord. No. 58-87; 9-27-1990 by Ord. No. 43-90; 5-25-1995 by Ord. No. 22-95; 2-27-1997 by Ord. No.
3-97; 12-17-2009 by Ord. No. 2009-42]
(1)
One-family dwelling units, including townhouses: two parking spaces
per dwelling unit.
(2)
Garden apartments and townhouses in a multifamily district: 2.5 parking
spaces per dwelling unit. Garages, where provided, may be considered
as the equivalent of one parking space for the purpose of this provision.
(3)
Trailer parks: two parking spaces per trailer lot.
(4)
Shopping centers of 200,000 square feet in gross floor area or greater
shall require 4.5 parking spaces per 1,000 square foot gross floor
area, except that only 5% of the required parking can be located behind
the building to meet the requirement. This parking space criteria
supersedes the individual parking space criteria required for each
of the individual uses found in the center, due to the shared use
aspect of the combined shopping center.
(5)
Parks and other outdoor recreation sites: five parking spaces for
each gross acre of land up to 50 acres, and one parking space per
gross acre of land above 50 acres.
(6)
Private and parochial schools. The off-street parking requirements are provided for under § 220-104D of this chapter.
(7)
Public utilities. The off-street parking requirements are provided for under § 220-106F of this chapter.
(8)
Philanthropic and eleemosynary uses. The off-street parking requirements are provided for under § 220-107E of this chapter.
(9)
Motels. See the requirements contained in § 220-111N of this chapter, as well as those specified in § 220-97F(11) below.
(10)
Nursing homes. The off-street parking requirements are provided for under § 220-115 of this chapter.
(11)
Other uses:
|
Commercial
|
Required Off-Street Parking Spaces per Indicated Area
| |
|---|---|---|
|
Commercial educational uses including recreational, athletic,
and/or artistic activities, including martial arts school, dance school,
art school and pilates/yoga studio
|
Shall meet the recommendations of the ITE Parking Generation
Manual, third or most-current edition.
| |
|
Convenience or grocery store, less than 2,500 square feet
|
1 per 100 square feet of gross floor area
| |
|
Convenience or grocery store or supermarket, more than 2,500
square feet
|
1 per 150 square feet of gross floor area
| |
|
General retail or service store
|
1 per 200 square feet of gross floor area
| |
|
Furniture store
|
1 per 500 square feet of gross floor area
| |
|
Bank
|
1 per 200 square feet of gross floor area (plus drive-through
reservoir)
| |
|
Restaurant, standard
|
1 per 3 seats
| |
|
Restaurant, fast-food
|
1 per 1.5 seats (plus drive-through reservoir)
| |
|
All drive-throughs
|
Reservoir capacity equal to six spaces per window
| |
|
Bar, tavern, nightclub
|
1 per 2 seats
| |
|
Hotel, motel
|
1 per room/suite, plus one per employee, plus 1 per every 2
persons of the maximum capacity of each public meeting and/or banquet
room, plus additional space in accordance with this table for restaurants,
bars or other facilities
| |
|
Indoor recreation uses including assembly halls, theaters, bowling
alleys and other similar commercial recreational activity, provided
said use is carried on within a building
|
Shall meet the recommendations of the ITE Parking Generation
Manual, third or most-current edition.
| |
|
Service station
|
5 per bay or work area
| |
|
Car wash
|
Reservoir capacity equal to 12 per lane
| |
|
Automobile sales
|
3 per employee
| |
|
Laundromat
|
1 per 2 washing machines
| |
|
Personal services (beauty, barber and similar shops)
|
4 per chair
| |
|
Offices
| ||
|
Funeral home
|
2 per 50 square feet of public floor area
| |
|
Home occupation, except medical, dental or veterinary
|
2 per occupation
| |
|
Medical, dental or veterinary
|
Shall meet the recommendations of the ITE Parking Generation
Manual, third or most-current edition
| |
|
General office
|
1 per 250 square feet of gross floor area
| |
|
Research
|
1 per 1,000 square feet of gross floor area
| |
|
Industrial
| ||
|
Manufacturing, assembly, finishing
|
1 per 800 square feet of gross floor area
| |
|
Warehouse, storage, distribution, shipping, receiving
|
1 per 5,000 square feet of gross floor area
| |
|
Other industrial
|
1 per employee on largest shift, plus 1 per company vehicle
regularly stored on premises
| |
|
Institutional
| ||
|
Hospital
|
2 per bed or one per 150 square feet of gross floor area, whichever
is greater
| |
|
Nursing home
|
3 for every 5 beds
| |
|
Church/synagogue
|
1 per 3 seats (1 seat shall be considered 24 inches in calculating
the capacity of pews or benches)
| |
|
Cultural and Recreational
| ||
|
Health club/gym
|
1 per 200 square feet of gross floor area
| |
|
Library, museum
|
1 per 300 square feet of gross floor area
| |
|
Theater/auditorium
|
Shall meet the recommendations of the ITE Parking Generation
Manual, third or most-current edition
| |
|
Theater in shopping center
|
1 per 4 seats
| |
|
Bowling alley
|
Shall meet the recommendations of the ITE Parking Generation
Manual, third or most-current edition
| |
|
Indoor tennis, racquetball and handball court
|
Shall meet the recommendations of the ITE Parking Generation
Manual, third or most current-edition
| |
|
Outdoor tennis court
|
3 per court
| |
|
Commercial swimming facility
|
1 per 75 square feet of gross water area
|
(12)
Mixed uses. In the case of mixed uses on one site (i.e., office/retail
manufacturing/warehouse, etc.), the total number of spaces shall be
calculated based on the spaces required independently for each use.
A.
For every building, structure or part thereof having
over 5,000 square feet of building area erected and occupied for commerce,
hospital, laundry, dry cleaning, places of public and quasi-public
assembly, industry and other similar uses involved in the receipt
and distribution by vehicles of materials or merchandise, there shall
be provided and permanently maintained adequate space for standing,
loading and unloading services, in order to avoid undue interference
with the public use of streets or alleys. Every building, structure
or addition thereto having a use which complies with the above definition
shall be provided with at least one truck standing, loading and unloading
space on the premises not less than 12 feet in width, 35 feet in length
and 14 feet in height. Such buildings as contain in excess of 25,000
square feet of gross building area will be required to provide additional
off-street loading spaces as determined by the Planning Board during
site plan review.
B.
Access to truck standing, loading and unloading space
shall be provided directly from a public street or alley or from any
right-of-way that will not interfere with public convenience and will
permit orderly and safe movement of truck vehicles.
C.
Loading space as required under this section shall
be provided in addition to off-street parking space and shall not
be considered as supplying off-street parking space.
D.
Off-street loading and unloading areas shall be surfaced
with an adequately designed durable, all-weather pavement of either
bituminous concrete or portland cement concrete and clearly marked
for loading spaces and shall be adequately drained, all subject to
the regulations.
E.
Whenever an off-street loading and unloading area shall be located next to a residential zone, said loading and unloading area shall be suitably screened and buffered, subject to approval by the Planning Board and in accordance with § 220-100 of this chapter.
F.
No off-street loading and unloading area shall be
permitted in any required front yard area.
[Amended 9-20-2001 by Ord. No. 2001-11; 4-24-2008 by Ord. No.
2008-9]
The following regulations shall apply to all signs and outdoor
advertising and shall be in addition to other regulations for specific
uses elsewhere in this chapter:
A.
Purpose; legislative intent. The purpose of this section is promulgate
and enforce regulations to uphold the Township's aesthetic and safety
interests by minimizing clutter, obstructed views and various traffic
hazards, while upholding the right to express free speech and to exchange
of ideas.
B.
General provisions.
(1)
Unless otherwise provided for, all signs shall relate to the premises
on which they are erected.
(2)
No part of any sign shall be located closer to any lot line than
10 feet or a distance equal to the height of the sign, whichever is
greater, except for traffic signs and other signs installed by governmental
agencies.
(3)
Signs may be double-faced, in which case the maximum sign area will
apply to only one side.
(4)
The area of a sign shall include every part of the sign, including
moldings, frames, posts, pylons or other supporting sections.
(5)
Where the face of a sign has openings or is of an irregular shape,
the area of the sign, exclusive of supporting sections, shall be considered
as the total area of the smallest four-sided (straight sides) geometric
shape which most closely outlines the sign.
(6)
Freestanding signs shall be supported by posts or pylons of durable
materials, which may include concrete, steel, treated wood or other
suitable material, and shall be set securely in the ground or concrete
so that the sign will be capable of withstanding high winds. No other
bracing or guy wire shall be permitted.
(7)
Any sign attached flat against the surface of a building shall be
constructed of durable material and attached securely to the building
with nonrusting hardware. The use of wood or fiber plugs is prohibited.
(8)
Advertising or identification of an establishment painted on the
surface of a building shall be considered part of the total allowable
sign area and shall be subject to the regulations of this chapter.
(9)
Signs attached to the side of a building shall not extend more than
12 inches from the face of the building.
(10)
A permit shall be secured from the Construction Official for
the erection, alteration or reconstruction of any signs other than
nameplate, identification, temporary, sales or rental signs.
(11)
Whenever a sign becomes structurally unsafe or endangers the
safety of the building or the public, the Construction Official shall
order such sign to be made safe or removed. Such order shall be complied
with within 10 days of the date of the notice, emergencies excepted.
(12)
Signs shall not be painted on or affixed to water towers, storage
tanks, smokestacks or similar structures.
(13)
The area surrounding ground signs shall be kept neat, clean
and landscaped. The owner of the property upon which the sign is located
shall be responsible for maintaining the condition of the area.
(14)
Billboards.
[Added 5-5-2011 by Ord. No. 2011-8]
(a)
Purpose. The purpose of this section is to limit the location,
form and placement of billboards to only specified areas of the Township
and to ensure construction and placement is compatible with the need
for a desirable visual environment, good civic design and arrangement,
the well-being of residential areas, the safety of motorists and to
prevent the location of facilities which may result in blight along
transportation routes within the Township.
(b)
Conditional use. Billboards shall be permitted as a conditional
use in the C-3, C-4 and C-5 Zones, but only on those lots with frontage
on New Jersey State Highway 9, provided that the billboard and its
location and installation adhere to the standards of this chapter
and in accordance with the following conditions:
[Amended 2-2-2012 by Ord. No. 2012-1]
[1]
Billboards shall be located only on a lot with lot frontages
on N.J.S.H. 9 in the C-3, C-4 and C-5 Zones.
[2]
The billboard shall only be constructed as a ground sign and
may exist as an additional conditional use or structure, concurrent
with any other principal, accessory or other uses or structures on
a lot, or a leased portion of a lot.
[3]
No billboard shall be located on a lot that is developed with
any use, building, business or structure that is not permitted by
this chapter, unless the use is a certified preexisting nonconforming
use, or structure, or the use of the structure has been previously
approved by the appropriate Land Use Board. However, the location
of a billboard on a lot that is developed with any use, building,
business or structure that is a preexisting nonconforming use, or
that has been previously approved by the appropriate Land Use Board,
shall not be considered the expansion or intensification of said use
or uses; provided that the placement and operation of the billboard
does not substantially interfere with the operation of said existing
use(s), building(s), business(es) or structure(s). For example, the
location of the billboard shall not substantially interfere with internal
vehicle circulation on the lot, nor substantially interfere with the
delivery of any existing utilities, nor encroach into any designated
environmentally sensitive areas. However, no billboard shall be permitted
on any lot with a residential use.
[4]
No billboard shall be affixed to any building or mounted on
any roof.
[5]
All parts of the billboard, including any support post or sign
face, shall be set back not less than 20 feet from the right-of-way
line of N.J.S.H. 9 and/or 79 and not less than 15 feet from any other
lot line.
[6]
Not more than one billboard shall be permitted on the lot.
[7]
Billboards shall not be permitted on any lot where any other
ground sign with an area of 60 square feet or greater, as measured
by the actual sign message area, exclusive of any decorative trim
band, has been constructed or approved on the subject lot or any adjacent
lot. No billboard sign shall block the roadway view of another sign
located on the same property or in the same retail center.
[Amended 2-2-2012 by Ord. No. 2012-1; 9-6-2012 by Ord. No.
2012-21]
[8]
No portion of any billboard shall be located within 500 feet
of any residential zone district or residential use, as measured to
the lot line of said district or residential use.
[Amended 2-2-2012 by Ord. No. 2012-1]
[9]
The distance allowed from any billboard to any other billboard
shall not be less than 2,000 feet as measured in any and all directions,
including, but not limited to, the northbound and southbound corridors
of Route 9. The measurement of one billboard sign to another billboard
sign (not less than 2,000 feet) shall be measured from the outside
of each sign.
[Amended 2-2-2012 by Ord. No. 2012-1; 9-6-2012 by Ord. No.
2012-21]
[10]
No light-emitting-diode (LED) billboards, video
billboards, blinking, pulsating, animated or moving billboards shall
be permitted.
[11]
The sign face of the billboard shall not exceed
675 square feet. Every billboard shall be required to have no more
than one message per side of each billboard sign and no more than
two sides can be used for messages.
[Amended 9-6-2012 by Ord. No. 2012-21]
[12]
No billboard shall exceed a height of 45 feet
as measured from the top of the sign to the average grade of the footing
location.
[13]
Any lighting illuminating the billboard shall
be directed onto the advertising surface of the billboard and shall
be adequately shielded to prevent visual impairment of motorists.
[14]
An applicant for a billboard shall comply with
the Roadway Signs Outdoor Advertising Act (N.J.S.A. 27:1A-5, 27:1A-6,
27:5-5 et seq.) as well as any other applicable statute, laws and
regulations related to billboards. The applicant shall provide proof
of receipt of all other approvals and permits required to legally
erect and operate the billboard to the Code Enforcement Officer prior
to obtaining the sign permit from the Township.
[15]
The billboard sign shall not be erected unless
approved by the New Jersey Department of Transportation, and the applicant
shall secure a permit for an off-premises billboard sign at the specific
location being sought for approval.
[16]
Back-to-back and V-configuration billboards are
permissible.
[17]
Billboards shall not contain pornographic or obscene
material nor advertise tobacco products or any other advertisements
deemed illegal by state and/or federal law.
[18]
Billboards as defined herein shall only be permitted
as a conditional use within the Township of Marlboro in accordance
with this chapter. Billboards existing prior to adoption of this subsection
may be repaired and maintained as required but may not be enlarged
or moved from their foundation or support footings. No replacement
of a billboard shall be permitted upon removal or demolition of an
existing billboard except along those lots with frontage on N.J.S.H.
9 and N.J.S.H. 79 in the C-3, C-4 and C-5 Zones.
C.
Prohibited signs. The following signs are prohibited in all zones
in the Township:
(1)
Moving or revolving signs and signs using waving, blinking, flashing,
vibrating, flickering, tracer or sequential lights.
(2)
Signs using red, green or yellow lights placed within 100 feet of
any traffic signal.
(3)
Signs using words such as "stop," "look," "danger" or any other sign
which in the judgment of the Police Chief of the Township or his designee
constitutes a traffic hazard or otherwise interferes with the free
flow of traffic.
(4)
Roof signs.
(5)
Signs advertising a product or service not sold on the premises,
signs advertising or directing attention to another premises and any
other sign not related to the premises upon which the sign is erected.
(6)
Signs causing interference with radio or television reception and
telecommunications signals.
(7)
Signs obstructing doors, fire escapes or stairways or keeping light
or air from windows used for living quarters.
(8)
Signs placed on awnings, trees, fences, utility poles, light poles
or signs attached to other signs.
D.
Permitted signs. The following signs and outdoor advertising are
permitted:
(1)
Nonilluminated directional signs identifying parking area, entrances,
loading zones, exits and similar locations and not exceeding three
square feet in area.
(2)
Name and number plates identifying residences and affixed to a house,
apartment or mailbox and not exceeding 50 square inches in area.
(3)
Lawn signs identifying residences and not exceeding 1.5 square feet
in area.
(4)
Nonilluminated real estate signs announcing the sale, lease or rental
of the premises upon which the sign is located. Such signs shall not
exceed three square feet in area in a residential zone; 20 square
feet in area in a commercial zone; or 50 square feet in area in an
industrial zone.
(5)
Temporary and permanent traffic signs and signals or other signs
installed by a government agency.
(6)
Religious institutions, hospitals, nursing homes, private schools
and service organizations may have one freestanding or wall sign not
exceeding 20 square feet in area.
(7)
Home occupations or home professional offices may have one freestanding
sign not exceeding three square feet in area or five feet in height
or one wall sign not exceeding three square feet in area.
(8)
Housing developments may place one temporary sign at each entrance
to the project and at the rental or sales office during the course
of development. One sign shall not exceed 20 square feet in area or
six feet in height. Other signs shall not exceed 15 square feet in
area or five feet in height.
(9)
Each office or commercial use or industry located in a commercial
or industrial zone may have one or more wall signs not exceeding 10%
of the area of each side of the building fronting on a public street.
(10)
Each office or commercial use or industry located in a commercial
or industrial zone, having a street frontage of at least 200 feet
and minimum lot size of one acre may erect one freestanding sign;
provided, however, where more than one use is conducted in a building
or attached buildings on the same lot, only one freestanding sign
shall be permitted. The size of the sign shall be determined in accordance
with the following table:
|
Street Frontage
(feet)
|
Maximum Height of Sign
|
Size of Sign Face
(square feet)
| |
|---|---|---|---|
|
200 to 299
|
15
|
60
| |
|
300 to 399
|
20
|
100
| |
|
400 and Over
|
25
|
140
|
(11)
Commercial uses or industries with street frontage in excess
of 400 feet may erect one additional freestanding sign; provided,
however, that the total sign area of the additional sign shall not
exceed one square foot for each linear foot of street frontage in
excess of 400 feet; but in no event shall the total sign area of both
signs be in excess of 280 feet square feet.
(12)
One nonflashing sign identifying farms, public and private parks
and recreation areas and not exceeding 30 square feet in area on any
one side, provided that such sign shall not protrude upon any street
or property line.
(13)
Temporary signs and political signs pursuant to regulations
set forth in § 200-99E and F hereinbelow.
E.
Temporary signs shall be permitted under this section subject to
the following regulations:
(1)
Temporary signs are defined as signs advertising public functions,
fund-raising events (other than a building fund for charitable, nonprofit
or religious organizations), and temporary signs placed by a contractor,
such as a builder, painter or roofer;
(2)
A temporary sign, that is, signs advertising public functions, fund-raising
events (other than a building fund for charitable, nonprofit or religious
organizations), may be placed not more than 45 days prior to the function
or event to which it applies;
(3)
A temporary sign must be removed not more than seven days after the
function or event to which it applies;
(4)
In the case of a temporary sign placed by a contractor, such as a
builder, painter or roofer, no more than one such temporary sign may
be placed on a given property and may not exceed six square feet in
size. Such signs may only be placed on a given property during the
duration of the contracted work and must be removed within seven days
after the completion of such contracted work. In no case shall any
such sign be chained to a tree, fence or other structure;
(5)
If a temporary sign is placed on residential property, consent of
the property owner must be obtained;
(6)
If the temporary sign is to be placed in the public right-of-way,
then approval of such placement must be obtained from the Bureau of
Traffic Safety;
(7)
The combined total area of all signs shall not exceed a total of
32 square feet on any one premises where such temporary signs are
placed in the public right-of-way;
(8)
On or in the rights-of-way on Routes 9, 18, 34, 79 and County Routes
520 and 3, and on Robertsville Road, Wyncrest Road, Tennent Road,
Ryan Road, and Gordon's Corner Road, temporary signs shall not be
located or placed closer than within 100 linear feet of any other
temporary sign on any one premises;
(9)
The owner of the property on which a temporary sign is placed shall
be responsible for its removal;
(10)
The temporary sign must comply with all other regulations related
to signs; and
(11)
Any temporary sign advertising fund-raising for a building fund
for a charitable, nonprofit or religious organization may only be
placed on the property which is the subject of such fund-raising and
may not exceed 12 square feet in area.
F.
Temporary political signs shall be permitted under this section,
pursuant to the regulations set forth herein. "Temporary political
signs" shall be defined as signs pertaining to federal, state, county
or local candidates or questions to be voted upon by the residents
of the Township at an upcoming election and shall be subject to the
following conditions:
[Amended 8-11-2011 by Ord. No. 2011-21; 7-17-2014 by Ord. No. 2014-11]
(1)
Temporary political signs shall not be placed within public rights-of-way or other public property except as provided for in Subsection F(8) below;
(2)
Temporary political signs shall be placed not more than 45 days prior
to the function, event or election to which they apply;
(3)
Temporary political signs must be removed not more than seven days
after the function, event, or election to which they apply;
(4)
If any temporary political signs are placed on residential properties,
consent of the property owners must be obtained;
(5)
The combined total area of all such temporary political signs shall
not exceed a total of 16 square feet on any one tax lot where such
temporary signs are placed in the public right-of-way;
(6)
No temporary political sign on private property shall be located
or placed closer than within 50 linear feet of any other sign of the
same candidate or campaign on any one tax lot;
(7)
Placement on or in rights-of-way:
(a)
No sign shall be placed within or suspended over a public right-of-way,
public property or publicly owned open-space property, except that
temporary political signs as permitted by this section shall be permitted
in the non-travel portion of any Township right-of-way in the front
of an occupied residential property with the permission of the owner
of the residential property abutting said right-of-way and provided
that such signs are not placed within the right-of-way abutting lands
owned by the Township, county or state, public open-space lands and
lands owned by the school district.
(b)
No temporary political signs shall be permitted on Township
property.
(8)
The candidate, committee chairman, campaign treasurer and owner of the tax lots on which a temporary political sign is placed shall be responsible for its removal. In addition, for any temporary political sign placed in the right-of-way pursuant to Subsection F(7) above, the owner of the adjacent property shall also be responsible for its removal; and
(9)
The temporary political sign must comply with all other regulations
related to signs.
G.
Enforcement; removal of prohibited signs. Enforcement of the terms of this section shall be under the authority of the Director of the Department of Public Works, or his/her designee. In addition to the Director of the Department of Public Works, the Director of the Department of Community Development, or his or her designees, which may include, but not be limited to, the Code Enforcement Officer and the Zoning Officer and/or their respective designees, shall have concurrent authority to enforce the provisions of this chapter. Whenever the Director of the Department of Public Works or the Director of the Department of Community Development or their respective designees shall determine that a sign has been erected in violation of the provisions of this section, including by reason of its being placed on public or municipal property without proper authority or in the public right-of-way or on utility poles, such sign may be removed at the sole discretion of the Director of Public Works and/or the Director of the Department of Community Development, or his or her respective designees. The Director of Public Works and/or the Director of Community Development or his or her respective designee shall notify the responsible party that the sign has been removed and so further advise them that the removal constitutes a first warning and that any subsequent violation shall result in a fine in accordance with Subsection H below. Each sign in violation of this section may constitute a separate violation.
H.
Violations and penalties. Any violation of this section shall, upon
conviction thereof, be punishable by a fine of not less than $100
and not to exceed $1,250 for each violation committed hereunder. Every
day that a violation continues after service of written notice by
ordinary mail on the owner of the subject property or the sign registrant
or a posting of a copy of said notice on the subject property shall
be deemed a separate offense hereunder.
Any use required by this chapter to be provided
with a buffer area shall comply with the following regulations regarding
a buffer area and a buffer screen:
A.
Within a buffer area, a solid and continuous landscaping
screen shall be planted and maintained. Said landscaping shall consist
of lawn, massed evergreen and deciduous trees and shrubs of such species
and density as will provide within two growing seasons a solid and
continuous screen throughout the full course of the year. The intense
density of the buffer screen may be reduced by the Planning Board
if it is found that the proposed use is visually attractive and not
detrimental to the appearance of the neighboring uses.
B.
Within a buffer area, no use, activity or sign shall
be established other than the following:
(1)
Such driveways as are necessary to provide proper
means of ingress and egress for the parking area.
(2)
Directional signs in conjunction with said driveways
which are necessary for the proper guidance and control of vehicular
traffic, provided that not more than one such sign is erected in conjunction
with each driveway.
(3)
Walkways, nature trails or similar facilities
as approved by the Planning Board and provided that such buffer is
at least 60 feet in width.
C.
The required height for a landscape screen shall be
measured in relation to the elevation of the land at the edge of the
adjacent area or structure to be buffered. Where the ground elevation
of the location at which the screen is to be planted is less than
the elevation at the edge of the adjacent area to be buffered, the
required height of the screen shall be increased in an amount equal
to the difference in elevation. In the event that the ground elevation
of the location at which the screen is to be planted is greater than
that at the edge of the adjacent area to be buffered, the required
height of the screen may be reduced in an amount equal to said difference
in elevation, provided that in no case shall the required height be
reduced to less than three feet.
D.
All nonpaved areas in commercial, industrial, public
and semipublic buildings and use areas shall be suitably landscaped
with grass, trees, shrubs and other landscape materials.
E.
When a parking area of four or more vehicles or a
loading and unloading area adjoins an adjacent residential property
area, a planted buffer screen shall be provided between the parking
area and the adjoining property. The buffer screen shall be no less
than six feet in height.
F.
The buffer screen around parking lots and loading
and unloading areas may be constructed of wood, cement or other fence
material, provided that not more than 25% of the fence is open on
its vertical surface. In such cases, evergreen and deciduous trees
and shrubs shall be planted along the fence to break up the monotony
of the fence. Such landscaping may be omitted if it is the finding
of the Planning Board that the type of fence to be erected is visually
attractive and not detrimental to the appearance of surrounding areas.
G.
If the Building Inspector, upon inspection, determines
that the landscape materials, buffer areas and screens are not being
maintained in good condition, he shall notify the owner in writing
of his findings and order that any negligent maintenance on the part
of the owner be corrected within 30 days of the notice. In the event
that any planting required by this chapter fails to live, it shall
be replaced.
[Added 3-22-1990 by Ord. No. 14-90]
Materials designated in the Marlboro Township Recycling Ordinance, Chapter 284 of the Code of the Township of Marlboro, shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:
A.
For each subdivision application for 50 or more single-family
units, the applicant shall provide a storage area of at least 12 square
feet within each dwelling unit to accommodate a four-week accumulation
of mandated recyclables (including but not limited to newspapers,
glass bottles, aluminum cans, tin and bimetal cans). The storage area
may be located in the laundry room, garage, basement or kitchen.
B.
For each subdivision application for 25 or more multifamily
units, the applicant shall provide a storage area of at least three
square feet within each dwelling unit to accommodate a one-week accumulation
of mandated recyclables (including but not limited to newspapers,
glass bottles, aluminum cans, tin and bimetal cans). The storage area
may be located in the laundry room, garage or kitchen. Unless recyclables
are collected on a weekly basis from each dwelling unit, one or more
common storage areas must be provided at convenient locations within
the development.
C.
For each site plan application for commercial and
industrial developments that utilize 1,000 square feet or more of
land, the applicant shall provide the municipal agency with estimates
of the quantity of mandated recyclable materials (including but not
limited to newspapers, glass bottles, aluminum cans, tin and bimetal
cans, high-grade paper and corrugated cardboard) that will be generated
by the development during each week. A separated storage area must
be provided to accommodate a one- to four-week accumulation of recyclable
material. The municipal agency may require the location of one or
more common storage areas at convenient locations within the development.
[Added 1-28-1999 by Ord. No. 1999-1]
A.
Purpose and intent. The purpose of this section is
to establish guidelines for the siting of wireless telecommunications
towers and antennas and ancillary facilities. The goals of this section
are to: protect residential areas and land uses from potential adverse
impacts of towers and antennas; encourage the location of towers on
Township-owned property where appropriate or in other nonresidential
areas; minimize the total number of towers throughout the community;
strongly encourage the joint use of new and existing tower sites as
a primary option rather than construction of additional single-use
towers; encourage the use of existing buildings, telecommunications
towers, light or utility poles or water towers as opposed to construction
of new telecommunications towers; encourage users of towers and antennas
to locate them, to the extent possible, in areas where the adverse
impact on the community is minimal; ensure that all telecommunications
facilities, including towers, antennas and ancillary facilities are
located and designed to minimize the visual impact on the immediate
surroundings and throughout the community by encouraging users of
towers and antennas to configure them in a way that minimizes the
adverse visual impact of the towers and antennas through careful design,
siting, landscape screening and innovative camouflaging techniques;
enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently; consider the public health and safety of telecommunications
towers; and avoid potential damage to adjacent properties from tower
failure through engineering and careful siting of tower structures.
In furtherance of these purposes, the Township of Marlboro shall give
due consideration to the Township of Marlboro's Master Plan, Zoning
Map, existing land uses and environmentally sensitive areas in approving
sites for the location of towers and antennas.
B.
ALTERNATIVE TOWER STRUCTURE
ANCILLARY FACILITIES
ANTENNA
BACKHAUL NETWORK
BUFFER AREA
CARRIER
COLLOCATION
FAA
FALL ZONE
FCC
FUNCTIONALLY EQUIVALENT SERVICES
GUYED TOWER
HEIGHT
LATTICE TOWER
MONOPOLE
MOUNT
PERSONAL WIRELESS SERVICE FACILITY
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
RADIO FREQUENCY RADIATION (RFR)
RADIO FREQUENCY (RF) ENGINEER
STEALTH DESIGN
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS OR TRANSMISSION TOWER
WIRELESS COMMUNICATIONS
Definitions. As used in this section, the following
items shall have the meanings indicated:
Man-made trees, clock towers, bell steeples, flagpoles and
similar alternative-design mounting structures that camouflage or
conceal the presence of antennas or towers.
The buildings, cabinets, vaults, closures and equipment required
for operation of telecommunications systems, including but not limited
to repeaters, equipment housing and ventilation and other mechanical
equipment.
Any exterior apparatus designed for telephonic, radio or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communications signals. Parabolic dish antennas used for satellite
communications shall not be included within this definition.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers or the public switched telephone network.
The area surrounding a telecommunications tower and ancillary
facilities which lies between the tower and adjacent lot lines and/or
land uses.
A company that provides wireless services.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
The Federal Aviation Administration.
The area on the ground within a prescribed radius from the
base of a wireless telecommunications tower. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
The Federal Communications Commission.
Cellular radio, personal communications service (pcs), enhanced
specialized mobile radio, specialized mobile radio and paging, commercial
land mobile radio and additional emerging technologies.
A tower which is supported or braced through the use of cables
(guy wires) which are permanently anchored.
When referring to a tower, the vertical distance measured
from the lowest finished grade at the base of the tower to the highest
point on the tower, even if said highest point is an antenna.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
The type of mount that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
A facility for the provision of personal wireless services,
as defined by the Telecommunications Act of 1996.
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this section, including
permitted towers or antennas that have been approved but have not
yet been constructed so long as such approval is current and not expired.
For the purposes of this section shall mean the emissions
from personal wireless service facilities or any electromagnetic energy
within the frequency range from 0.003 megahertz (MHz) to 300,000 MHz.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
A telecommunications facility that is designed or located
in such a way that the facility is not readily recognizable as telecommunications
equipment (see "alternative tower structure").
A facility designed and used for the purpose of transmitting,
receiving and relaying voice and data signals from various wireless
communications devices, including transmission towers, antennas and
ancillary facilities. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio broadcasts are not telecommunications facilities.
The monopole or lattice framework designed to support transmitting
and receiving antennas. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio signals are not transmission towers.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 which includes FCC licensed commercial
wireless telecommunications services, including cellular, personal
communications services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging and similar services that
currently exist or that may in the future be developed. It does not
include any amateur radio facility that is owned and operated by a
federally licensed amateur radio station operator or is used exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
C.
Applicability.
(1)
New towers and antennas. All new telecommunications
towers or antennas in the Township of Marlboro shall be subject to
these regulations.
(3)
District height limitations. The requirements
set forth in this section shall govern the location of telecommunications
towers that exceed, and antennas that are installed at a height in
excess of, the height limitations specified for each zoning district.
(4)
Public property. Antennas or towers located
on property owned, leased or otherwise controlled by the governing
authority shall be encouraged, provided that a license or lease authorizing
such antenna or tower has been approved by resolution by the governing
authority. Said approved publicly owned sites utilized for the purpose
of constructing towers and/or antennas shall be treated as engaging
in a conditional use under this section.
(5)
Amateur radio station operators/receive-only
antennas. This section shall not govern any tower, or the installation
of any antenna, that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
(6)
Satellite dish antennas. This section shall
not govern any parabolic dish antennas used for transmission or reception
of radio signals associated with satellites.
D.
General requirements.
(1)
Principal or accessory use. Telecommunications
antennas and towers may be considered either principal or accessory
uses. Notwithstanding any other Township land use regulation, a different
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot. If a tower and its appurtenant
structures constitute the sole use of the lot, the tower shall be
deemed to be the principal use.
(2)
Lot size. For purposes of determining whether
the installation of a tower or antenna complies with zone development
regulations, including but not limited to setback requirements, lot
coverage requirements and other such requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lot.
(3)
State or federal requirements. All towers must
meet or exceed current standards and regulations of the FAA, the FCC
and any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this section shall bring such towers and antennas into compliance
with such revised standards and regulations within 90 days of the
effective date of such standards and regulations, unless a different
compliance schedule is mandated by the controlling state or federal
agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
(4)
Building codes; safety standards. To ensure
the structural integrity of towers, the owner of a tower shall ensure
that it is maintained in compliance with standards contained in applicable
state or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association and Telecommunications
Industry Association, as amended from time to time. If, upon inspection,
the Township of Marlboro concludes that a tower fails to comply with
such codes and standards and constitutes a danger to persons or property,
then upon notice being provided to the owner of the tower, the owner
shall have 30 days to bring such tower into compliance with such standards.
Failure to bring such tower into compliance within said 30 days shall
constitute grounds for the removal of the tower or antenna at the
owner's expense.
(5)
Not essential services. Telecommunications towers
and antennas shall be regulated and permitted pursuant to this section
and shall not be regulated or permitted as essential services, public
utilities or private utilities.
(6)
Collocation required. The Township of Marlboro mandates that carriers collocate antennas on towers and other structures whenever possible. See Subsection G for collocation requirements.
(7)
Conditional use. All telecommunications facilities
in the Township of Marlboro shall be conditional uses in accordance
with N.J.S.A. 40:55D-67.
(8)
Site plan required. Site plan approval shall
be required for all new telecommunications facilities in the Township
of Marlboro, including modifications to or addition of new telecommunications
facilities to preexisting towers, buildings or other structures.
E.
Use regulations.
(1)
(2)
Conditional use standards. Wireless telecommunications
facilities may be permitted on the above-referenced lands, provided
that:
(a)
The minimum lot size on which the telecommunications
facility is to be located is at least five acres in area.
(b)
Lattice towers and any type of guyed tower are
prohibited.
(c)
Telecommunications towers shall be limited to
monopoles without guys designed to ultimately accommodate at least
three carriers and shall meet the following height and usage criteria:
[1]
For a single carrier, up to 100 feet in height.
[2]
For two carriers, up to 125 feet in height.
[3]
For three or more carriers, up to 150 feet in
height.
[4]
For three of more carriers on parcels in the
MZ Zone District only which are owned by the Township of Marlboro
or other public entity with 100 or more contiguous acres within a
single block and which parcel abuts a freeway or principal arterial
roadway, up to 200 feet in height.
(3)
Factors considered in granting conditional use
permits.
(a)
In addition to the above standards, the Planning
Board shall consider the following factors in determining whether
to issue a conditional use permit:
[1]
Proximity of the tower to residential structures
and residential district boundaries.
[2]
Nature of uses on adjacent and nearby properties.
[3]
Surrounding topography.
[4]
Surrounding tree coverage and foliage.
[5]
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness, including stealth designs which are encouraged.
[6]
Availability of suitable existing towers, alternative
tower structures, other structures or alternative technologies not
requiring the use of towers or structures.
[7]
Availability of proposed tower to other potential
carriers.
(b)
This list is considered to be illustrative in
nature and may not include all factors to be considered.
F.
Site design standards. The following site design standards
shall apply to wireless telecommunications facilities:
(1)
New towers.
(a)
Telecommunications towers may not be located
closer than 500 feet to any residential zone. Antennas located on
preexisting buildings or structures are exempt from this requirement.
(b)
Fall zone. A fall zone shall be established
such that the tower is set back 150% of the height of the tower from
any adjoining lot line or nonappurtenant building.
(c)
Security fencing. Towers shall be enclosed by
security fencing not less than eight feet in height. Towers shall
also be equipped with appropriate anti-climbing measures.
(d)
Landscaping. The following requirements shall
govern the landscaping surrounding towers:
[1]
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from property used for residences or planned residences
or any other area frequented by the public. The standard buffer shall
consist of a landscaped strip at least 10 feet wide outside the perimeter
of the compound. However, at a minimum, the facility should be shielded
from public view by evergreen trees at least eight feet high at planting
and planted in staggered double rows 15 feet on center.
[2]
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced
at the sole discretion of the approving authority.
[3]
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be a sufficient buffer.
(e)
Ancillary buildings. Any proposed building enclosing
related electronic equipment shall not be more than 10 feet in height
nor more than 200 square feet in area, and only one such building
shall be permitted on the lot for each provider of wireless telecommunications
services located on the site. Such buildings must satisfy the minimum
zoning district setback requirements for accessory structures.
(f)
Aesthetics. Towers and antennas shall meet the
following requirements:
[1]
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color so as to reduce visual obtrusiveness.
[2]
At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening, and landscaping that will blend them
into the natural setting and surrounding buildings.
(g)
Lighting. No lighting is permitted except as
follows, which shall be subject to review and approval by the Planning
Board as part of the site plan application:
[1]
The building enclosing electronic equipment
may have one light at the entrance to the building, provided that
the light is attached to the building, is focused downward and is
switched so that the light is turned on only when workers are at the
building.
[2]
No lighting is permitted on a tower except lighting
that specifically is required by the Federal Aviation Administration
(FAA), and any such required lighting shall be focused and shielded
to the greatest extent possible so as not to project towards adjacent
and nearby properties.
(h)
Signs. No signs are permitted except those required
by the Federal Communications Commission, the Electronic Industries
Association (EIA) and/or the Telecommunications Industry Association
(TIA) or by law, such as warning and equipment information signs.
(2)
Antennas mounted on existing structures or rooftops.
(a)
Antennas on existing structures. Any antenna
which is not attached to a tower may be attached to any existing business,
industrial, office, utility or institutional structure in the MZ,
C-3, C-4 or IOR Zone Districts, provided that:[2]
[1]
Side- and roof-mounted personal wireless service
facilities shall not project more than 10 feet above the height of
an existing building or structure nor project more than 10 feet above
the height limit of the zoning district within which the facility
is located. Personal wireless service facilities may locate on a building
or structure that is legally nonconforming with respect to height,
provided that the facilities do not project above the existing building
or structure height.
[2]
The antenna complies with all applicable FCC
and FAA regulations.
[3]
The antenna complies with all applicable building
codes.
[4]
The equipment structure shall not contain more
than 200 square feet of gross floor area or be more than 10 feet in
height. In addition, for buildings and structures which are less than
48 feet in height, the related unmanned equipment structure shall
be located on the ground and shall not be located on the roof of the
structure. If the equipment structure is located on the roof of a
building, the area of the equipment structure and other equipment
and structures shall not occupy more than 10% of the roof area. Equipment
storage buildings, structures or cabinets shall comply with all applicable
building codes.
(b)
Aesthetics. If an antenna is installed on a
structure other than a tower, the antenna and supporting electrical
and mechanical equipment must be of a neutral color that is identical
to or closely compatible with the color of the supporting structure
so as to make the antenna and related equipment as visually unobtrusive
as possible.
(3)
Antennas on existing towers. An antenna may
be attached to a preexisting tower in a nonresidential zone and, to
minimize adverse visual impacts associated with the proliferation
and clustering of towers, collocation of antennas by more than one
carrier on existing towers shall take precedence over the construction
of new towers, provided such collocation is accomplished in a manner
consistent with the following:
(a)
A tower which is modified or reconstructed to
accommodate the collocation of an additional antenna shall be of the
same tower type as the existing tower, unless reconstruction as a
monopole is proposed.
(b)
An existing tower may be modified or rebuilt
to a taller height, not to exceed the maximum tower height established
by this section.
G.
Collocation.
(1)
The Township of Marlboro requires that licensed
carriers share personal wireless service facilities and sites where
feasible and appropriate, thereby reducing the number of personal
wireless service facilities that are stand-alone facilities. All applicants
for site plan approval for a personal wireless service facility shall
demonstrate a good faith effort to collocate with other carriers.
Such good faith effort includes:
(a)
A survey of all existing structures that may
be feasible sites for collocating personal wireless service facilities.
(b)
Notification by certified mail of intent to
seek site plan approval to all the other licensed carriers for commercial
mobile radio services operating in the county.
(c)
Sharing information necessary to determine if
collocation is feasible under the design configuration most accommodating
to collocation.
(d)
A copy of a proposed lease or affidavit of compliance
with this section.
(2)
In the event that collocation is found to be
not technically feasible, a written statement of the reasons for the
infeasibility shall be submitted to the Township. The Township may
retain a technical expert in the field of RF engineering to verify
if collocation at the site is not feasible or is feasible given the
design configuration most accommodating to collocation. The cost for
such a technical expert will be at the expense of the applicant. The
Township may deny approval to an applicant that has not demonstrated
a good faith effort to provide for collocation.
(3)
If the applicant does intend to collocate or
to permit collocation, plans and elevations which show the ultimate
appearance and operation of the personal wireless service facility
at full build-out shall be submitted.
H.
Location priorities. Wireless telecommunications facilities
shall be located and approved in accordance with the following prioritized
locations:
(1)
The first priority shall be an existing tower
or an existing or proposed water tower or standpipe owned by either
a public or private utility within or near the Township of Marlboro.
(3)
The third priority shall be an existing building
in the MZ, C-3, C-4 or IOR Zone Districts.
(4)
The fourth priority shall be new towers on lands
not owned by the Township of Marlboro or Marlboro Township Municipal
Utilities Authority or other public entity located within the C-3,
C-4 and IOR Zone Districts.
I.
Site plan submission requirements. In addition to the site plan submission requirements of § 220-137 and other applicable sections of Chapter 220, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:
(1)
Comprehensive service plan. In order to provide
proper evidence that any proposed location of wireless telecommunications
antennas (and any supporting tower and/or ancillary building enclosing
related electronic equipment) has been planned to result in the fewest
number of towers within the Township of Marlboro at the time full
service is provided by the applicant throughout the Township, the
applicant shall submit a comprehensive service plan. Said Comprehensive
Service Plan shall indicate how the applicant proposes to provide
full service throughout the Township and, to the greatest extent possible,
said service plan shall also indicate how the applicant's plan is
coordinated with the needs of all other providers of telecommunications
services within the Township of Marlboro. The comprehensive service
plan shall indicate the following:
(a)
Whether the applicant's subscribers can receive
adequate service from antennas located outside of the borders of the
Township of Marlboro.
(b)
How the proposed location of the antennas relates
to the location of any existing towers within and/or near the Township
of Marlboro.
(c)
How the proposed location of the antennas relates
to the anticipated need for additional antennas and supporting towers
within and/or near the Township of Marlboro by both the applicant
and by other providers of telecommunications services within the Township
of Marlboro.
(d)
How the proposed location of the antennas relates
to the objective of collocating the antennas of different service
carriers on the same tower.
(e)
How the proposed location of the antennas relates
to the overall objective of providing full telecommunications services
within the Township of Marlboro while, at the same, limiting the number
of towers to the fewest possible.
(2)
A scaled site plan clearly indicating the location,
type and height of the proposed tower, on-site land uses and zoning,
adjacent land uses and zoning (including when adjacent to other municipalities),
and all properties within the applicable fall zone, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structure, topography,
parking and other information deemed by the approving authority to
be necessary to assess compliance with this section.
(3)
Legal description of the entire tract and leased
parcel (if applicable).
(4)
The setback distance between the proposed tower
and the nearest residential unit and residentially zoned properties.
(5)
The separation distance from other towers and
antennas.
(6)
A landscape plan showing specific landscape
materials, including but not limited to species type, size, spacing
and existing vegetation to be removed or retained.
(7)
Method of fencing and finished color and, if
applicable, the method of camouflage.
(8)
A description of compliance with all applicable
federal, state or local laws.
(9)
A notarized statement by the applicant as to
whether construction of the tower will accommodate collocation of
additional antennas for future users.
(10)
Identification of the entities providing the
backhaul network for the tower(s) described in the application and
other telecommunications sites owned or operated by the applicant
in the Township.
(11)
A letter of commitment to lease excess space
to other potential users at prevailing market rates and conditions.
The letter of commitment shall be in form suitable for recording with
the County Clerk prior to the issuance of any permit and shall commit
the tower owner(s), property owner(s) and their successors in interest.
(12)
A visual impact study containing, at a minimum,
a photographic simulation showing the appearance of the proposed tower,
antennas and ancillary facilities from at least five points within
a three-mile radius. Such points shall be chosen by the carrier with
review and approval by the Planning Board Planning Consultant to ensure
that various potential views are represented.
(13)
An analysis of the RFR levels at the facility
as a means of assessing compliance with the FCC RF safety criteria.
This analysis shall:
(a)
Take into consideration all collocated radio
transmitting antennas and/or nearby antennas that could contribute
to RFR levels at the facility.
(b)
Be performed by an RF engineer, health physicist
or similar knowledgeable individual.
(c)
Follow current methods recommended by the FCC
for performing such analyses.
J.
Monitoring and maintenance.
(1)
After the wireless telecommunications facility
is operational, the applicant shall submit, within 90 days of beginning
operations, and at annual intervals from the date of issuance of the
building permit, existing measurements of RFR from the wireless telecommunications
facility. Such measurements shall be signed and certified by a RF
engineer, stating that RFR measurements are accurate and meet FCC
guidelines as specified in the radio frequency standards section of
this bylaw.
(2)
The applicant and coapplicant shall maintain
the personal wireless service facility in good condition. Such maintenance
shall include but shall not be limited to painting, structural integrity
of the mount and security barrier and maintenance of the buffer areas
and landscaping.
K.
Abandonment or discontinuation of use.
(1)
At such time that a licensed carrier plans to
abandon or discontinue operation of a personal wireless service facility,
such carrier shall notify the Township Clerk by certified United States
mail of the proposed date of abandonment or discontinuation of operations.
Such notice shall be given no less than 30 days prior to abandonment
or discontinuation of operations. In the event that a licensed carrier
fails to give such notice, the wireless telecommunications facility
shall be considered abandoned upon discontinuation of operations.
(2)
Upon abandonment or discontinuation of use,
at the option of the Township, the carrier shall physically remove
the personal wireless service facility within 90 days from the date
of abandonment or discontinuation of use. Physically remove shall
include, but not limited to:
(a)
Removal of antennas, mount, equipment shelters and security
barriers for the subject property.
[Amended 3-2-2017 by Ord.
No. 2017-5]
(b)
Proper disposal of the waste materials from
the site in accordance with local, county and state solid waste disposal
regulations.
(c)
Restoring the location of the personal wireless
service facility to its natural condition, except that any landscaping
and grading shall remain in the after-condition.
(3)
If a carrier fails to remove a personal wireless
service facility in accordance with this section, the Township shall
have the authority to enter the subject property and physically remove
the facility. The Planning Board will require the applicant to post
a bond at the time of approval to cover costs for the removal of the
personal wireless service facility in the event that the Township
must remove the facility.
L.
The fee
for antennas/telecommunication towers shall be $100 per review.
[Added 2-25-2016 by Ord.
No. 2016-4]
[Added 10-1-2020 by Ord.
No. 2020-14]
A.
AFFILIATE
EXCESS CAPACITY
EXISTING POLE
OTHER WAYS
OVERHEAD FACILITIES
PERSON
POLE
PROPOSED POLE
PUBLIC STREET
PUBLIC WAY
SMALL WIRELESS FACILITIES
(1)
(a)
(b)
(c)
(2)
(3)
(4)
(5)
STATE
SURPLUS SPACE
TELECOMMUNICATIONS CARRIER
TELECOMMUNICATIONS FACILITIES
TELECOMMUNICATIONS PROVIDER
TELECOMMUNICATIONS SERVICE
TOWNSHIP
TOWNSHIP COUNCIL
TOWNSHIP PROPERTY
TREE
UNDERGROUND FACILITIES
USABLE SPACE
UTILITY EASEMENT
UTILITY FACILITIES
Definitions. For the purpose of this section, and the interpretation
and enforcement thereof, the following words and phrases shall have
the following meanings, unless the context of the sentence in which
they are used shall indicate otherwise:
A person that directly or indirectly owns or controls, is
owned or controlled by, or is under common ownership or control with
another person.
The volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way
that is or will be available for use for additional telecommunications
facilities.
A pole that is in lawful existence within the public right-of-way.
The highways, streets, alleys, utility easements or other
rights-of-way within the Township, but under the jurisdiction and
control of a governmental entity other than the Township.
Utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
Includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability
companies and individuals and includes their lessors, trustees and
receivers.
A long, slender, rounded support structure constructed of
wood or metal located in the public right-of-way.
A pole that is proposed to be placed in the public right-of-way.
Any highway, street, alley or other public right-of-way for
motor vehicle travel under the jurisdiction and control of the Township
which has been acquired, established, dedicated or devoted to highway
purposes not inconsistent with telecommunications facilities.
Includes all public streets and utility easements, as those
terms are defined herein, now or hereafter owned by the Township,
but only to the extent of the Township 's right, title, interest
or authority to grant a license to occupy and use such streets and
easements for telecommunications facilities.
Consistent with 47 CFR 1.6002(1), small wireless facilities
are facilities that meet the following conditions:
The facilities:
Are mounted on structures 50 feet or less in height including
their antennas; or
Are mounted on structures no more than 10% taller than other
adjacent structures; or
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater.
Each antenna associated with the deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume;
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure, is no more than
28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17; and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
The State of New Jersey.
That portion of the usable space on a utility pole which
has the necessary clearance from other pole users, as required by
the orders and regulations of the Board of Public Utilities, to allow
its use by a telecommunications carrier for a pole attachment.
Includes every person that directly or indirectly owns, controls,
operates or manages plant, equipment, or property within the Township,
used or to be used for the purpose of offering telecommunications
service.
The plant, equipment and property, including, but not limited
to, cables, wires, conduits, ducts, pedestals, antenna, electronics
and other appurtenances used or to be used to transmit, receive, distribute,
provide or offer telecommunications services.
Includes every person who provides telecommunications services
over telecommunications facilities without any ownership or management
control of the facilities.
The providing or offering for rent, sale or lease, or an
exchange for other value received, of the transmittal of voice, data,
image, graphic and video programming information between or among
points by wire, cable, fiber optics, laser, microwave, radio, satellite
or similar facilities, with or without benefit of any closed transmission
medium.
The Township of Marlboro.
The governing body of the Township of Marlboro.
Includes all real property owned by the Township, other than
public streets and utility easements as those terms are defined herein,
and all property held in a proprietary capacity by the Township, which
are not subject to the right-of-way licensing as provided in this
section.
Any perennial plant having a diameter of four inches or greater
measured at a point four feet above the ground.
Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundation or supports
for overhead facilities.
The total distance between the top of the utility pole and
the lowest possible attachment point that provides the minimum allowable
vertical clearance as specified in the orders and regulations of the
Board of Public Utilities (BPU).
Any easement owned by the Township and acquired, established,
dedicated or devoted for public utility purposes not inconsistent
with telecommunications facilities.
The plant, equipment and property, including but not limited
to the poles, pipes, mains, conduits, ducts, cables, wires, plant
and equipment located under, on or above the surface of the ground
within the public ways of the Township and used or to be used for
the purpose of providing utility or telecommunications services.
B.
Telecommunications license required. Except as otherwise provided herein, any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate small wireless facilities in, under, over or across any public way of the Township for the sole purpose of providing telecommunications service to persons in areas outside the Township shall first obtain a license granting the use of such public ways from the Township pursuant to this section. Any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate telecommunications facilities other than small wireless facilities in, under, over or across any public way of the Township must also obtain a license granting the use of such public ways from the Township; such applicants must submit the application information set forth in Subsection F, and consideration and approval of such applications shall be at the sole discretion of the Township Director of Community Development subject to the review and recommendation by the Township Engineer and the Township Attorney.
C.
Violations and penalties. Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this section shall be punishable as provided in Chapter 4, § 4-3, General penalties. A separate and distinctive offense shall be deemed committed each day on which a violation occurs or continues.
D.
Other remedies. Nothing in this section shall be construed as limiting
any judicial remedies that the Township may have, at law or in equity,
for enforcement of this section.
E.
Agreement. No license granted hereunder shall be effective until
the applicant and the Township have executed a written agreement setting
forth the particular terms and provisions under which the license
to occupy and use public ways of the Township will be granted.
F.
Small wireless facilities license application information. Any person
that desires a telecommunications license for a small wireless facility
pursuant to this section shall file an application with the Township
which shall include the following information:
(1)
The identity of the license applicant, including all affiliates
of the applicant.
(2)
A description of the telecommunications services that are or
will be offered or provided by licensee over its telecommunications
facilities.
(3)
A description of the transmission medium that will be used by
the licensee to offer or provide such telecommunications services.
(4)
Preliminary engineering plans, specifications and a network
map of the facilities to be located within the Township, all in sufficient
detail to identify:
(a)
The location requested for applicant's proposed small wireless
facilities.
(b)
A description of the type and height of the structure on which
the small wireless facilities are being mounted, and a description
of the proximity of the equipment to any other equipment on the same
structure.
(c)
The size and weight of the proposed equipment.
(d)
A description of any proposed lighting, and, if any, proposed
focusing/shielding to avoid projection towards adjacent/nearby properties.
(e)
A description of the noise output of the proposed small wireless
facility in decibels.
(f)
A description of any proposed excavation.
(g)
Radiofrequency radiation levels of the proposed equipment. This must include a certification of a professional engineer licensed in New Jersey that said levels do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b) and pursuant to § 220-102J(1) of the Code of the Township of Marlboro.
(h)
The location of all overhead and underground public utility,
telecommunication, cable, water, sewer drainage and other facilities
in the public way at the proposed site.
(i)
The location(s), if any, for interconnection with the telecommunications
facilities of other communications carriers.
(j)
The specific trees, structures, improvements, facilities and
obstructions, if any, that the applicant proposes to temporarily or
permanently remove or relocate, together with a landscape plan for
protecting, trimming, removing, replacing and restoring any trees
or areas to be disturbed during construction.
(5)
If the applicant is proposing an underground installation in
existing ducts or conduits within the public ways, information in
sufficient detail to identify:
(6)
If the applicant is proposing an underground installation within
new ducts or conduits to be constructed within the public ways:
(7)
Identification of the type of pole being used. Use of existing
poles in the public right-of-way is preferred. If the applicant is
requesting the installation of a proposed pole, the Township standard
pole must be used. The Township standard pole shall be selected by
the Township Administrator. Whenever possible, applicants should look
to co-locate on existing poles to the extent feasible. The application
for a proposed pole location may be denied if suitable existing poles
are available in the requested area, pursuant to the discretion of
the Director of Community Development.
(8)
If the applicant is proposing construction of facilities above
ground, but below a height of 15 feet, the applicant shall submit
a survey with a minimum fifty-foot radius that is adequate to demonstrate
no negative impacts to sight distance or sight triangle. Such survey
shall be submitted in NAVD88 datum.
(9)
The construction methods to be employed for protection of existing
structures, fixtures, and facilities within or adjacent to the public
ways.
(10)
A preliminary construction schedule and completion date.
(11)
A preliminary traffic control plan in accordance with the New
Jersey Department of Transportation regulations.
(12)
Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the applicant's financial
ability to construct, operate, maintain, relocate and remove the facilities.
(13)
Information in sufficient detail to establish the applicant's
technical qualifications, experience and expertise regarding the telecommunications
facilities and services described in the application.
(14)
Information to establish that the applicant has obtained all
other governmental approvals and permits to construct and operate
the facilities and to offer or provide the telecommunications services.
(15)
All fees, deposits or charges required pursuant to this section.
G.
Small wireless facilities fees and escrows.
(1)
Applicants seeking to install up to five small wireless facilities
shall pay an initial application fee of $500. An additional $100 shall
be required for each small wireless facility beyond five.
(2)
An annual fee of $275 per small wireless facility per year for
access to and inspection of such facilities shall be required.
(3)
Pursuant to N.J.S.A. 54:30A-124, the Township shall recover
reasonable professional fees for actual services incurred in the review
of applications under this section. The applicant shall make a deposit
in an escrow account for professional fees in the amount of $2,000.
If said escrow account contains insufficient funds to enable the Township
to perform its review, the Chief Financial Officer shall provide the
applicant a notice of insufficient balance. In order for review to
continue, the applicant shall, within 15 days, post a deposit to the
account in an amount to be mutually agreed upon.
H.
Review of small wireless facilities applications. Applicants seeking
to install small wireless facilities within the Township, including
within the public right-of-way, shall submit an application to the
Township. Small wireless facilities applications shall be reviewed
by the Township pursuant to the following:
(1)
The Township Director of Community Development shall review
applications to co-locate small wireless facilities on existing structures
within 60 days of receipt of the application, and applications for
new construction of small wireless facilities within 90 days. "Batch"
applications seeking both to co-locate and to construct new small
wireless facilities shall be reviewed within 90 days.
(2)
The time period for review shall be tolled during any period
in which the applicant is notified that it has not submitted a complete
application.
I.
Nonexclusive grant. No license granted under this section shall confer
any exclusive right, privilege, license or franchise to occupy or
use the public ways of the Township for delivery of telecommunications
services or any other purposes.
J.
Rights granted. No license granted under this section shall convey
any right, title or interest in the public ways, but shall be deemed
a license only to use and occupy the public ways for the limited purposes
and term stated in the grant. Further, no license shall be construed
as any warranty of title.
K.
Term of grant. Unless otherwise specified in a license agreement,
a telecommunications license granted hereunder shall be in effect
for a term of five years.
L.
License route. A small wireless facilities license granted under
this section shall be limited to a grant of specific public ways and
defined portions thereof.
M.
Construction permits. All licensees are required to obtain construction
permits as required by applicable law for small wireless facilities;
provided, however, that nothing in this section shall prohibit the
Township and a licensee from agreeing to alternative plan review,
permit and construction procedures, provided such alternative procedures
provide substantially equivalent safeguards for reasonable construction
practices and are not in derogation of any applicable provisions of
the Uniform Construction Code.
N.
Amendment of grant.
(1)
A new license application and grant shall be required of any
telecommunications carrier that desires to extend or locate its small
wireless facilities in public ways of the Township which are not included
in a license previously granted under this section.
(2)
If ordered by the Township to locate or relocate its small wireless
facilities in public ways not included in a previously granted license,
the Township shall grant a license amendment without further application.
O.
Renewal applications. A licensee that desires to renew its license
under this section shall, not more than 180 days nor less than 90
days before expiration of the current license, file an application
with the Township for renewal of its license which shall include the
following information:
P.
Renewal determinations. Within 90 days after receiving a complete application under Subsection F hereof, the Township shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal.
(1)
The financial and technical ability of the applicant.
(2)
The legal ability of the applicant.
(3)
The continuing capacity of the public ways to accommodate the
applicant's existing facilities.
(4)
The applicant's compliance with the requirements of this
section and the license agreement.
(5)
Applicable federal, state and local telecommunications laws,
rules and policies.
(6)
Such other factors as may demonstrate that the continued grant
to use the public ways will serve the community interest.
Q.
Obligation to cure as a condition of renewal. No license shall be
renewed until any ongoing violations or defaults in the licensee's
performance of the license agreement, or of the requirements of this
section, have been cured, or a plan detailing the corrective action
to be taken by the grantee has been approved by the Township.
R.
Regulatory fees and compensation not a tax. The regulatory fees and
costs provided for in this section are separate from, and additional
to, any and all federal, state, local and Township taxes as may be
levied, imposed or due from a telecommunications carrier or provider,
its customers or subscribers, or on account of the lease, sale, delivery
or transmission of telecommunications services.
S.
Small wireless facilities standards. Small wireless facilities shall
be co-located on existing structures whenever possible and to the
extent feasible. Co-location of small wireless facilities is preferred
to construction of new structures intended to solely support a small
wireless facility, unless the new structure is designed to conceal
the small wireless facility.
(2)
No new small wireless facilities shall be located within five
feet of a private driveway or in a manner that would otherwise obstruct
visibility from a private driveway to the public right-of-way.
(3)
Any required accessory equipment, not including the antenna,
shall be located underground to the extent possible. Accessory equipment
that cannot be located underground must be located on the structure.
No accessory equipment may be located on the ground adjacent to the
structure. Antennas and associated equipment for small wireless facilities
located in a flood zone shall be mounted on the supporting structure
at or above the FEMA base flood elevation plus any federal, state
or local freeboard requirement or shall be located in a floodproof
underground cabinet.
(4)
Any disturbance to the public right-of-way as a result of the
construction of the small wireless facilities shall be restored to
its original condition post construction to the satisfaction of the
Township Engineer.
T.
Compliance with other regulations. All license or franchise grantees
shall, before commencing any construction in the public ways, comply
with all regulations of the BPU and of the applicable state, federal
and local regulations.
U.
Interference with public ways prohibited. No licensee may locate
or maintain its telecommunications facilities so as to unreasonably
interfere with the use of the public ways by the Township, by the
general public or by other persons authorized to use or be present
in or upon the public ways. All such facilities shall be moved by
the licensee, temporarily or permanently, as determined by the Township
Engineer.
V.
Damage to property. No licensee nor any person acting on a licensee's
behalf shall take any action or permit any action to be done which
may impair or damage any Township property, public ways of the Township,
other ways or other property located in, on or adjacent thereto.
W.
Notice of works. Unless otherwise provided in a license agreement,
no licensee nor any person acting on the licensee's behalf shall
commence any nonemergency work in or about the public ways of the
Township or other ways within 10 working days' advance notice
to the Township.
X.
Repair and emergency work. In the event of an unexpected repair or
emergency, a licensee may commence such repair and emergency response
work as required under the circumstances, provided that the licensee
shall notify the Township as promptly as possible, before such repair
or emergency work or as soon thereafter as possible, if advance notice
is not practicable.
Y.
Maintenance of facilities. Each licensee shall maintain its facilities
in good and safe condition and in a manner that complies with all
applicable federal, state and local requirements.
Z.
Relocation or removal of facilities. Within 30 days following written
notice from the Township, a licensee shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
telecommunications facilities within the public ways whenever the
Township shall have determined that such removal, relocation, change
or alteration is reasonably necessary for:
AA.
Removal of unauthorized facilities. Within 30 days following
written notice from the Township, any licensee, telecommunications
carrier, or other person that owns, controls or maintains any unauthorized
telecommunications system, facility or related appurtenances within
the public ways of the Township shall, at its own expense, remove
such facilities or appurtenances from the public ways of the Township.
A telecommunications system or facility is unauthorized and subject
to removal in the following circumstances:
(1)
Upon expiration or termination of the licensee's telecommunications
license.
(2)
Upon abandonment of a facility within the public ways of the
Township.
(3)
If the system or facility was constructed or installed without
the prior grant of a telecommunications license.
(4)
If the system or facility was constructed or installed without
the prior issuance of a required construction permit.
(5)
If the system or facility was constructed or installed at a
location not permitted by the licensee's telecommunications license.
BB.
Emergency removal or relocation of facilities. The Township
retains the right and privilege to cut or move any telecommunications
facilities located within the public ways of the Township, as the
Township may determine to be necessary, appropriate or useful in response
to any public health or safety emergency.
CC.
Damage to licensee's facilities. Unless directly and proximately
caused by the willful, intentional or malicious acts by the Township,
the Township shall not be liable for any damage to or loss of any
telecommunications facility within the public ways of the Township
as a result of or in connection with any public works, public improvements,
construction, excavation, grading, filling, or work of any kind in
the public ways by or on behalf of the Township.
DD.
Restoration of public ways, other ways and Township property.
(1)
When a licensee or any person acting on its behalf does any
work in or affecting any public ways, other ways or Township property,
it shall, at its own expense, promptly remove any obstructions therefrom
and restore such ways or property to as good a condition as existed
before the work was undertaken, unless otherwise directed by the Township.
(2)
If weather or other conditions do not permit the complete restoration
required by this section, the licensee shall temporarily restore the
affected ways or property. Such temporary restoration shall be at
the licensee's sole expense and the licensee shall promptly undertake
and complete the required permanent restoration when the weather or
other conditions no longer prevent such permanent restoration.
(3)
A licensee or other person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle property by reason of such work in or affecting such ways or property and as required by the Traffic Control Plan, Subsection UU of this section.
(4)
All trees, landscaping and grounds removed, damaged or disturbed
as a result of the construction, installation, maintenance, repair
or replacement of telecommunications facilities shall be replaced
or restored as nearly as may be practicable to its condition existing
prior to the start of construction or performance of work. All restoration
work within the public ways shall be done in accordance with landscape
plans approved by the Township Engineer and as required by this section.
EE.
Facilities maps. Each licensee shall provide the Township with
an accurate map or maps certifying the location of all telecommunications
facilities within the public ways. In addition, the licensee shall
provide a computer aided design and drafting file containing the facilities'
mapping in the GIS file format (.dwg and .pdf). Each licensee shall
provide updated maps annually.
FF.
Duty to provide information. Within 10 days of a written request
from the Township, each licensee shall furnish the Township with information
sufficient to demonstrate:
GG.
Licensee insurance.
(1)
Unless otherwise provided in a license agreement, each licensee
shall, as a condition of the license, secure and maintain the following
liability insurance policies insuring both the licensee and the Township,
and its elected and appointed officers, officials, agents and employees
as co-insureds.
(2)
Automobile liability for owned, non-owned and hired vehicles
with a limit of $3,000,000 for each person and $3,000,000 for each
accident.
(3)
Worker's compensation within statutory limits and employer's
liability insurance with limits of not less than $1,000,000.
(4)
Comprehensive form premises-operations, explosions and collapse
hazard, underground hazard and products completed hazard with limits
of not less than $3,000,000.
(5)
The liability insurance policies required by this section shall
be maintained by the licensee throughout the term of the telecommunications
license, and such other period of time during which the licensee is
operating without a license hereunder, or is engaged in the removal
of its telecommunications facilities. Each such insurance policy shall
contain the following endorsement: "It is hereby understood and agreed
that this policy may not be canceled nor the intention not to renew
be stated until 90 days after receipt by the Township, by registered
or certified mail, of a written notice, addressed to the Township
Clerk, of such intent to cancel or not to renew."
(6)
Within 60 days after receipt by the Township of said notice,
and in no event later than 30 days prior to said cancellation, the
licensee shall obtain and furnish to the Township replacement insurance
policies meeting the requirements of this section.
HH.
General indemnification. Each license agreement shall include,
to the extent permitted by law, the licensee's express undertaking
to defend, indemnify and hold the Township and its officers, employees,
agents and representatives harmless from and against any and all damages,
losses and expenses, including reasonable attorney's fees and
costs of suit or defense, arising out of, resulting from or alleged
to arise out of or result from the negligent, careless or wrongful
acts, omissions, failures to act or misconduct of the licensee or
its affiliates, officers, employees, agents, contractors or subcontracts
in the construction, operation, maintenance, repair or removal of
its telecommunications facilities, and in providing or offering telecommunications
services over the facilities or network, whether such acts or omissions
are authorized, allowed or prohibited by this section or by a grant
agreement made or entered into pursuant to this section.
II.
Construction and completion bond. Unless otherwise provided
in a license agreement, a performance bond written by a corporate
surety acceptable to the Township equal to at least 100% of the estimated
cost of constructing licensee's telecommunications facilities
within the public ways of the Township shall be deposited before construction
is commenced.
(1)
The construction bond shall remain in force until released by
the Township. Licensee may apply, in writing, for such release upon
the lapse of at least 60 days after substantial completion of the
work, as determined by the Township Engineer, including restoration
of public ways and other property affected by the construction. The
Township Engineer shall, within 45 days of receipt of the licensee's
written request for release, file a written recommendation with the
governing body concerning the release. The Township Director of Community
Development shall take formal action on the request for release within
45 days of the filing of the Township Engineer's recommendation.
(2)
The construction bond shall guarantee, to the satisfaction of
the Township:
(a)
Timely completion of construction;
(b)
Construction in compliance with applicable plans, permits, technical
codes and standards;
(c)
Proper location of the facilities as specified by the Township;
(d)
Restoration of the public ways and other property affected by
the construction;
(e)
The submission of as-built drawings, as well as a computer aided
design and drafting files containing the drawings in the GIS format
(.dwg and .pdf), after completion of the work as required by this
section; and
(f)
Timely payment and satisfaction of all payments then due to
the Township, all claims, demands or liens for labor, material or
services provided in connection with the work.
JJ.
Coordination of construction activities. All licensees are required
to cooperate with the Township and with each other.
(1)
By February 1 of each year, licensees shall provide the Township
with a schedule of their proposed construction activities in, around
or that may affect the public ways.
(2)
Each licensee shall meet with the Township, other licensees
and users of the public ways annually or as determined by the Township
to schedule and coordinate construction in the public ways.
(3)
All construction locations, activities and schedules shall be
coordinated, as ordered by the Township Engineer, to minimize public
inconvenience, disruption or damages.
KK.
Assignments or transfers of license. Ownership or control of
a telecommunications system or license may not, directly or indirectly,
be transferred, assigned or disposed of by sale, lease, merger, consolidation
or other act of the licensee, by operation of law or otherwise, without
the prior consent of the Township, which consent shall not be unreasonably
withheld or delayed, as expressed by formal act and then only on such
reasonable conditions as may be prescribed therein.
(1)
No license shall be assigned or transferred in any manner within
12 months after the initial grant of the license, unless otherwise
provided in a license agreement.
(2)
Absent extraordinary and unforeseeable circumstances, no grant,
system or integral part of a system shall be assigned or transferred
before construction of the telecommunications system has been completed.
(3)
Licensee and the proposed assignee or transferee of the grant
or system shall provide and certify the following information to the
Township not less than 150 days prior to the proposed date of transfer:
(a)
Complete information setting forth the nature, terms and conditions
of the proposed transfer or assignment;
(b)
All information required of a telecommunications license applicant
pursuant to this section with respect to the proposed transferee or
assignee;
(c)
Any other information reasonably required by the Township.
(4)
No transfer shall be approved unless the assignee or transferee
has the legal, technical, financial and other requisite qualifications
to own, hold and operate the telecommunications system pursuant to
this section.
(5)
Unless otherwise provided in a license agreement, the grantee
shall reimburse the Township for all direct and indirect fees, costs,
and expenses reasonably incurred by the Township in considering a
request to transfer or assign a telecommunications license.
(6)
Any transfer or assignment of a telecommunications grant, system
or integral part of a system without prior approval of the Township
under this section or pursuant to a license agreement shall be void
and is cause for revocation of the license.
LL.
Transactions affecting control of grant. Any transactions which singularly or collectively result in a change of 10% or more of the ownership or working control of the licensee, of the ownership or working control of a telecommunications license or the ownership or working control of affiliated entities having ownership or working control of the the licensee or of a telecommunications system, or of control of the capacity or bandwidth of licensee's telecommunications system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring Township approval pursuant to Subsection KK hereof. Transactions between affiliated entities are not exempt from Township approval.
MM.
Revocation or termination of license. A license granted by the
Township to use or occupy public ways of the Township may be revoked
for the following reasons:
(1)
Construction or operation in the Township or in the public ways
of the Township contrary to a license grant.
(2)
Construction or operation at an unauthorized location.
(3)
Unauthorized substantial transfer of control of the licensee.
(4)
Unauthorized assignment of a license.
(5)
Unauthorized sale, assignment or transfer of licensee's
assets, or a substantial interest therein.
(6)
Misrepresentation or lack of candor by or on behalf of a licensee
in any application to the Township.
(7)
Abandonment of telecommunications facilities in the public ways.
(8)
Failure to relocate or remove facilities as required in this
section.
(9)
Failure to pay fees and costs when and as due the Township.
(10)
Insolvency or bankruptcy of the licensee.
(11)
Violation of material provisions of this section.
(12)
Violation of the material terms of a license agreement.
NN.
Notice and duty to cure. In the event that the Township Director
of Community Development believes that grounds exist for revocation
of a license, it shall give the licensee written notice of the apparent
violation or noncompliance, providing a short and concise statement
of the nature and general facts of the violation or noncompliance,
and providing the licensee a reasonable period of time not exceeding
30 days to furnish evidence:
OO.
Hearing. In the event that a licensee fails to provide evidence reasonably satisfactory to the Township Director of Community Development as provided in Subsection NN hereof, the Director shall provide the licensee with notice and a reasonable opportunity to be heard concerning the matter.
PP.
Standards for revocation or lesser sanctions. If persuaded that
the licensee has violated or failed to comply with material provisions
of this section, or of a license agreement, the Director shall determine
whether to revoke the license or to establish some lesser sanction
and cure, considering the nature, circumstances, extent and gravity
of the violation as reflected by one or more of the following factors:
(1)
Whether the misconduct was egregious.
(2)
Whether substantial harm resulted.
(3)
Whether the violation was intentional.
(4)
Whether there is a history of prior violations of the same or
other requirements.
(5)
Whether there is a history of overall compliance.
(6)
Whether the violation was voluntarily disclosed, admitted or
cured.
QQ.
General. No person shall commence or continue with the construction,
installation or operation of telecommunications facilities within
the Township except as provided in this section.
RR.
Construction codes. Telecommunications facilities shall be constructed,
installed, operated and maintained in accordance with all applicable
federal, state, and local codes, rules and regulations including the
Electrical Code and Uniform Construction Code currently in effect.
SS.
Construction permits. No person shall construct or install any
telecommunications facilities within the Township without first obtaining
a license therefor; provided, however, that no license shall be issued
for the construction or installation of telecommunications facilities
in the public ways unless the telecommunications carrier has applied
for and received a license pursuant to this section.
TT.
Engineer's certification. All license applications shall
be accompanied by the certification of a professional engineer licensed
in New Jersey that the drawings, plans and specifications submitted
with the application comply with applicable technical codes, rules
and regulations.
UU.
Traffic control plan. All license applications which involve
work on, in, under, across or along any public ways shall be accompanied
by a traffic control plan demonstrating the protective measures and
devices that will be employed, consistent with the New Jersey Department
of Transportation regulations, to prevent injury or damage to persons
or property and to minimize disruptions to efficient pedestrian and
vehicular traffic. The plan will be submitted to the Marlboro Township
Chief of Police for review and approval. The Township may require
the applicant to hire traffic directors (off-duty police officers)
on an as-needed basis.
VV.
Construction schedule. The licensee shall submit a written construction
schedule to the Township Engineer 10 working days before commencing
any work in or about the public ways. The licensee shall further notify
the Township Engineer not less than two working days in advance of
any excavation or work in the public ways.
WW.
Display of license. The licensee shall maintain a copy of the
license and approved plans at the construction site, which shall be
displayed and made available for inspection by the Township Engineer
or his representatives at all times when construction work is occurring.
XX.
Survey of underground facilities. If the license specifies the
location of facilities by depth, line, grade, proximity to other facilities
or other standard, the licensee shall cause the location of such facilities
to be verified by a licensed New Jersey land surveyor. The licensee
shall relocate any facilities which are not located in compliance
with license requirements.
YY.
Noncomplying work. Upon order of the Township Engineer, all
work which does not comply with the license, the approved plans and
specifications for the work, or the requirements of this section,
shall be removed.
ZZ.
Completion of construction. The licensee shall promptly complete
all construction activities so as to minimize disruption of the Township
ways and other public and private property. All construction work
authorized by a license within Township ways, including restoration,
must be completed within 120 days of the date of issuance.
AAA.
As-built drawings. Within 60 days after completion of construction,
the licensee shall furnish the Township with two complete sets of
plans, drawn to scale and certified to the Township as accurately
depicting the location of all telecommunications facilities constructed
pursuant to the permit. This information shall be provided through
computer aided design and drafting files in a GIS file format (.dwg
and .pdf).
BBB.
Exceptions. Unless otherwise provided in a license agreement,
all telecommunications carriers are subject to the requirements of
this section.
CCC.
Responsibility of owner. The owner of the facilities to be constructed
and, if different, the licensee, are responsible for performance of
and compliance with all provisions of this section.
