Township of Marlboro, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Marlboro 3-23-1972 by Ord. No. 4-72 (Ch. 76 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land use and development — See Ch. 220.

§ 200-1 Title.

This chapter shall be known and may be cited as the "Home Buyer's Protection Code of the Township of Marlboro."

§ 200-2 Regulatory agency.

[Amended 2-25-1988 by Ord. No. 9-88[1]]
This chapter shall be administered, regulated and enforced by the Division of Consumer Protection of the Department of Community Relations. The Municipal Engineer shall be responsible for the administration and enforcement of the provisions of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 200-3 Definitions.

[Amended 5-9-2002 by Ord. No. 2002-14[1]]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
SALES MAP
The map of sufficient accuracy to be used by the owner for the purpose of sale of the lots within the subdivision.
B. 
Other terms used in this chapter shall be as set forth in Chapter 220, Land Use and Development.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 200-4 Regulations and requirements.

A. 
Any owner or seller of land within the Township of Marlboro within a major subdivision or residential site plan who has obtained a preliminary approval to subdivide said land and construct homes thereon shall, prior to the sale of said lots or homes upon said lots, maintain a sales office, either within or outside of the Township.
[Amended 7-15-1993 by Ord. No. 38-93]
B. 
The sales office shall be opened during normal business hours and shall have prominently displayed therein the following:
(1) 
A sales map in such place in said office that same may be observed and reviewed by any persons calling at the office.
(2) 
A copy, on standard legal size paper, in type or clear print, of any proposed protective covenants to be applied to all or any portion of the lands within the subdivision.
C. 
The sales map shall be based on the Official Tax Map information or some other similarly accurate base at a scale of not less than 100 feet to the inch, or 200 feet to the inch (at the discretion of the Municipal Engineer), throughout the map, which said scale shall be clearly indicated thereon and shall be consistent in all directions shown thereon. The map shall show the owner's approved subdivision and all lands contiguous thereto for a distance of 1,500 feet, within or outside of the Township of Marlboro.
[Amended 7-15-1993 by Ord. No. 38-93]
D. 
The sales map shall clearly show and include for the area within 1,500 feet of the subdivision the following information:
(1) 
The location of proposed streets and the layout of proposed lots within the subdivision.
(2) 
The location of all state, county and municipal roads in existence on the date of the final approval of the subdivision.
(3) 
The location of all state, county and municipal roads proposed and approved by any governmental agency having jurisdictions to establish such roads. The location of all such roads shall be as shown on the Official Master Plan adopted by the appropriate agency of the state, county or municipality.
(4) 
The location of all existing structures and wooded areas within the subdivision and for a distance of 1,500 feet beyond the boundaries of said subdivision.
(5) 
A designation of the zoning district to be subdivided and the zoning districts of all contiguous properties within the distance of 1,500 feet.
(6) 
The location of all railroads and railroad rights-of-way, airports and airport runways, overhead easements for the transmissions of power or otherwise and rights-of-way for public utilities.
(7) 
The location of all public or private utility plants; the location of all sanitary landfill operations in existence or proposed.
(8) 
The location of all schools, parks, playgrounds and public buildings.
(9) 
The location of all streams, ponds and watercourses.
(10) 
The location and description of any use approved by the Board of Adjustment or other governmental agency having jurisdiction during the previous three years. The Secretary of the Board of Adjustment shall maintain a list of all variances granted during the previous three years and shall make said list available to the Municipal Engineer.
[Amended 2-25-1988 by Ord. No. 9-88]
(11) 
The location of all drainage ditches within the area shown on the sales map.
(12) 
The location of all conservation easements as well as any other easements required by the municipality.
[Added 2-25-1988 by Ord. No. 9-88]
(13) 
The location of any and all structures to be erected or constructed by the developer.
[Added 2-25-1988 by Ord. No. 9-88]
(14) 
The location of any and all restrictive covenants required or approved by the municipality and a reference to the nature or the type of restrictive covenant.
[Added 2-25-1988 by Ord. No. 9-88]
(15) 
The location of any and all wetlands and wetland buffer areas within the property of the development as determined by field delineation and/or the NJDEPE.
[Added 7-15-1993 by Ord. No. 38-93]
(16) 
The proposed percentage of lot coverage, including impervious lot coverage, of any and all buildings, structures and improvements to be erected or constructed by the developer for each lot, and the maximum percentage of lot coverage, including impervious lot coverage, permissible for each lot in the respective zoning district.
[Added 5-9-2002 by Ord. No. 2002-14]
E. 
Sales map information; update.
[Amended 2-25-1988 by Ord. No. 9-88]
(1) 
The information to be depicted on the sales map shall be obtained from the Municipal Engineer, who shall provide said information to the applicant within 30 days after a request is made. The Municipal Engineer shall provide such information as may be required by the applicant or his engineer to prepare the sales map, and, after a request for same, the information so provided shall be deemed complete for the purposes of complying with the requirements of this chapter.
[Amended 7-15-1993 by Ord. No. 38-93]
(2) 
The Municipal Engineer shall review each sales map displayed pursuant to the terms of this chapter not less than once every six months and shall provide such additional information as he may deem necessary to maintain the sales map in an up-to-date condition. The Municipal Engineer may, from time to time as he deems necessary, direct the owner or seller to display additional information on the sales map so that same may be maintained in an up-to-date condition. The information provided by the Municipal Engineer to the owner or seller shall be included on the sales map within 30 days of receipt of such order from the Municipal Engineer. The information provided by the Municipal Engineer shall be deemed complete for the purposes of compliance with the terms of this chapter.
(3) 
The fee to the municipality for the engineering review in accordance with this section shall be $100 per initial review and $60 per revision. This fee shall be payable in order for the map to become effective.
[Added 4-13-1989 by Ord. No. 13-89; amended 2-25-2016 by Ord. No. 2016-4]

§ 200-5 Certification of compliance.

[Amended 2-25-1988 by Ord. No. 9-88]
A. 
Certification form.
(1) 
At or before the execution of the contract of sale for any lot within a subdivision, the seller shall obtain, on a form approved by the Municipal Engineer, a certification from the purchaser that:
(a) 
The sales map was on display and available for inspection on any occasion of his visit to the sales office.
(b) 
He/she had a reasonable opportunity to study and review the sales map.
[Amended 5-9-2002 by Ord. No. 2002-14]
(c) 
The owner or seller did not refuse or decline to answer any question directed to him pertaining to the sales map.
(d) 
He/she has read and understood the lot coverage disclosures indicated on the sales map.
[Added 5-9-2002 by Ord. No. 2002-14]
(2) 
The certification form shall include the definition of "lot coverage" and "impervious lot coverage" as set forth in § 76-3 of this chapter.
[Added 5-9-2002 by Ord. No. 2002-14]
B. 
At or before the closing of title, the owner or seller of any lot within a subdivision shall obtain on a form approved by the Municipal Engineer, a certification from the purchaser that the owner or seller disclosed the as-built percentage of lot coverage, including impervious lot coverage, for the subject lot, and the maximum percentage of lot coverage, including impervious lot coverage permissible for each lot in the respective zoning district. The certification form shall include the definition of "lot coverage" and "impervious lot coverage" as set forth in § 200-3 of this chapter.
[Added 5-9-2002 by Ord. No. 2002-14[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection B as Subsection C.
C. 
The seller shall file the certificate mentioned in Subsections A and B above with the Municipal Engineer within 20 days of the closing of title.
[Amended 5-9-2002 by Ord. No. 2002-14]

§ 200-6 Applicability of provisions.

All the requirements set forth in this chapter with regard to the sale of lots shall apply with equal force and effect to lands which have been previously subdivided pursuant to all, and from and after the effective date of this chapter, all owners of subdivided land shall comply forthwith.

§ 200-7 Violations and penalties.

[Amended 12-10-1981 by Ord. No. 47-81]
A. 
If any person engages in the sale of lots within a subdivision without first displaying the sales map as required herein, the owner of the subdivision shall be subject to a fine as provided in Subsection B per day for each day that said sales map is not displayed as required herein, and each day shall be deemed a separate violation of this chapter.
B. 
The owner of a subdivision who shall fail to file the certification of compliance as required herein shall, upon conviction, be subject to the penalties as provided in § 4-3 of the Code.
C. 
In addition to the foregoing, if the owner or his agents continuously, for a period of five days or more, fail and refuse to comply with the requirements of this chapter, the municipality may institute and maintain action for injunctive relief to prohibit the continued sale of lots within the subdivision until compliance with this chapter is complete.