Township of Marlboro, NJ
Monmouth County
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Table of Contents
Table of Contents

§ 220-34 Districts; Zoning Map and boundaries; schedule of requirements; settlements.

§ 220-35 General provisions.

§ 220-36 Right to farm.

§ 220-37 Performance standards.

§ 220-38 Design of residential units.

§ 220-39 Fire-fighting facilities.

§ 220-40 Buffer area for municipal recreational sites.

§ 220-41 Cluster provisions.

§ 220-42 Private swimming, wading and portable pools.

§ 220-43 Tennis and sports courts.

§ 220-44 Private recreational structures and equipment.

§ 220-45 Ornamental landscape structures.

§ 220-45.1 Portable storage units.

§ 220-46 Flood damage prevention.

§ 220-47 LC Land Conservation District.

§ 220-48 R-80 Residential District.

§ 220-49 R-60 and R-60/40 Residential Districts.

§ 220-50 R-40/30 Residential District.

§ 220-51 R-60/15 Residential District.

§ 220-52 R-40AH Residential District.

§ 220-53 R-40GAH Residential District.

§ 220-54 R-30 and R-30/20 Residential Districts.

§ 220-55 R-25 Residential District.

§ 220-56 R-20 Residential District.

§ 220-57 R-1.5 Residential District.

§ 220-58 R-20/15 Residential District.

§ 220-59 R-20AH-1 Residential District.

§ 220-60 R-20AH-2 Residential District.

§ 220-61 R-10AH Residential District.

§ 220-62 FRD Flexible Residential District.

§ 220-63 FSC Flexible Senior Citizen District.

§ 220-64 RSC Senior Citizen Residential District.

§ 220-65 RSCS Senior Citizen Residential and Single-Family District.

§ 220-66 THD Townhouse District.

§ 220-67 MHD Mobile Home Park District.

§ 220-68 MHD-II Mobile Home Park District.

§ 220-69 MFD Multifamily District.

§ 220-70 MFD-I Multifamily District.

§ 220-71 MFD-II Multifamily District.

§ 220-71.1 MFD-III Multifamily District.

§ 220-72 SCMFD-I Senior Citizen Multifamily District I.

§ 220-73 SCMFD-II Senior Citizen Multifamily District II.

§ 220-74 MFPHD Multifamily/Patio Home District.

§ 220-75 (Reserved)

§ 220-75.1 MFD-IV Multifamily District.

§ 220-76 PAC Planned Adult Community District.

§ 220-77 PAC-II Planned Adult Community District.

§ 220-78 SCPR Stream Corridor Preservation Residential District.

§ 220-79 SCPR-II Stream Corridor Preservation Residential District.

§ 220-80 PAC-III Planned Adult Community District.

§ 220-81 C-1 Village Commercial District.

§ 220-82 OPT-1 Office Professional Transitional District-1.

§ 220-83 OPT-2 Office Professional Transitional District-2.

§ 220-84 OPT-3 Office Professional Transitional District-3.

§ 220-85 C-2 Neighborhood Commercial District.

§ 220-86 C-3 Community Commercial District.

§ 220-87 C-4 Regional Commercial District.

§ 220-87.1 C-5 Community Commercial District II.

§ 220-88 CIR Commercial-Industrial-Research District.

§ 220-89 IOR Industrial-Office-Research District.

§ 220-90 LI Light Industrial Zone District.

§ 220-91 CS Commercial Service District.

§ 220-92 MZ Municipal Zone.

§ 220-93 A/LC Agriculture/Land Conservation District.

§ 220-94 AHA Airport Hazard Zone District.

§ 220-95 Fences.

§ 220-96 Commercial or private club swimming pool.

§ 220-97 Off-street parking regulations.

§ 220-98 Off-street loading regulations.

§ 220-99 Signs and outdoor advertising regulations.

§ 220-100 Landscaping and buffer areas.

§ 220-101 Recyclable materials storage.

§ 220-102 Wireless telecommunications towers and facilities.

§ 220-34 Districts; Zoning Map and boundaries; schedule of requirements; settlements.

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
MZ
Municipal Zone
A/LC
Agriculture/Land Conservation District
[Added 5-25-1995 by Ord. No. 9-95[1]]
AHA
Airport Hazard Area District[2]
[1]
Editor's Note: This ordinance also repealed former HD Hospital Zone.
[2]
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.[3]
[Amended 9-28-1989 by Ord. No. 45-89[4]; 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[5]; 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[6]; 5-11-2000 by Ord. No. 2000-4[7]; 5-11-2000 by Ord. No. 2000-5; 4-4-2000 by Ord. No. 2000-7; 12-7-2000 by Ord. No. 2000-8[8]; 12-7-2000 by Ord. No. 2000-33[9]; 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]
[3]
Editor's Note: A copy of the Zoning Map is on file in the Municipal Clerk's office.
[4]
Editor's Note: This ordinance also provided that the adoption of this Zoning Map shall not supersede § 220-34F and G of the Code of the Township of Marlboro. Those sections which incorporate two zoning settlements shall survive the adoption of the Zoning Map.
[5]
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.
[6]
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.
[7]
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.
[8]
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.
[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.
(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 at the end of 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]

§ 220-35 General provisions.

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 shall be permitted closer than five feet to any side or rear property line.
(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:
[1] 
For use on the premises from which taken.
[2] 
In connection with the construction or alteration of a building on the subdivision or site from which taken and excavating or grading incidental thereto.
(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) 
[1]Grading and clearing. The erection of a structure on a lot, the clearing of less than 10 trees or the alteration of the existing grade on a lot 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 or more or the alteration of the existing grade on a lot 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.
(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.
(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.
[Amended 7-20-1989 by Ord. No. 28-89]
[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.
[Added 11-9-2000 by Ord. No. 2000-26]
(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 3/4%, and for smooth, hard-finished surfaces other than roadways, 4/10 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.
[Added 8-17-1989 by Ord. No. 42-89]
(g) 
The Township's requirements on retaining walls shall include the following:
[Amended 1-15-1987 by Ord. No. 56-86; 3-23-1995 by Ord. No. 10-95]
[1] 
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.
(h) 
The certification requirements for materials used to construct retaining walls are as follows:
[Added 1-15-1987 by Ord. No. 56-86]
[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 subsection was amended 4-25-85 by Ord. No. 8-85, which was saved from repeal by Ord. No. 14-85, which adopted this chapter. See Ch. 1, General Provisions, Art. II.
(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) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
STREAM CHANNEL
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.
STREAM CORRIDOR
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.
STREAM CORRIDOR AVERAGING
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.
STREAM CORRIDOR BUFFER
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:
[1] 
Any solid or hazardous waste facilities, including, but not limited to, sanitary landfills, transfer stations and wastewater lagoons; and
[2] 
Junkyards, commercial and industrial storage facilities and open storage of vehicles and materials.
(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.

§ 220-36 Right to farm.

[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. 
Definitions. As used in this section, the following words shall have the following meanings:
FARM
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:
(1) 
Consist of no less than five acres and produce agricultural or horticultural products worth $2,500 or more annually; or
(2) 
Consist of less than five acres and produce agricultural or horticultural products worth $50,000 or more annually.
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.
E. 
The activities afforded the protections of this section in Subsections B and C must be performed in conformance with applicable federal and state law.
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."
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-37 Performance standards.

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:
[1] 
Statement by the New Jersey Department of Health that such proposed facilities are in compliance with applicable state laws and regulations.
[2] 
Approval of the installation of such facilities by the Marlboro Township Municipal Utilities Authority.[1]
[1]
Editor's Note: The Marlboro Township Municipal Utilities Authority, established 5-24-1962, previously included in Ch. 60, Art. I, was dissolved 12-18-2009 by Ord. No. 2009-45. See now § 4-88.1, Division of Water Utility.
(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.
(b) 
Approval from the appropriate Township fire prevention officer that the applicant has complied with all applicable Township fire prevention regulations.[2]
[2]
Editor's Note: See Ch. 183, Fire Prevention.
(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.

§ 220-38 Design of residential units.

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.

§ 220-39 Fire-fighting facilities.

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]
[1]
Editor's Note: The Marlboro Township Municipal Utilities Authority, established 5-24-1962, previously included in Ch. 60, Art. I, was dissolved 12-18-2009 by Ord. No. 2009-45. See now § 4-88.1, Division of Water Utility.
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.

§ 220-40 Buffer area for municipal recreational sites.

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.

§ 220-41 Cluster provisions.

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 at the end of 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:
(a) 
The open space area will not be subdivided in the future.
(b) 
The use of the open space areas will continue in perpetuity for the purposes specified.
(c) 
Appropriate provisions are made for the maintenance of the open space areas.
(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.

§ 220-42 Private swimming, wading and portable pools.

A. 
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:
CONSTRUCTION
Building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.
PERSON
Includes corporation, companies, associations, societies, firms and partnerships as well as individuals.
PORTABLE POOL
Any above-surface-type pool of more than 75 cubic feet capacity, not stationary or fixed, and capable of annually being removed for storage.
PRIVATE SWIMMING POOL
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.
WADING POOL
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).
(g) 
An inspection fee of $200 shall be paid with the zoning application.
[Amended 4-3-2008 by Ord. No. 2008-8; 2-17-2011 by Ord. No. 2011-1]
[1] 
Review fee: $200.
[2] 
Review/reinspection: $100.
(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.
(5) 
The Township Council may cause any private swimming pool, as defined in this section, to be inspected for compliance with the Plumbing Code of the Township.[1]
[1]
Editor's Note: As to plumbing generally, see now Ch. 125, Construction Codes, Uniform.
(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.
L. 
Violations and penalties. Any person or persons, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalties in § 220-25 of this chapter. Each day a particular violation continues shall constitute a separate offense.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 220-43 Tennis and sports courts.

[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).
(6) 
A plan review fee of $100 and an inspection fee of $100 shall be paid with the zoning application.
[Amended 2-25-2016 by Ord. No. 2016-4]
(7) 
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.
(8) 
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.

§ 220-44 Private recreational structures and equipment.

[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.

§ 220-45 Ornamental landscape structures.

[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.

§ 220-45.1 Portable storage units.

[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.

§ 220-46 Flood damage prevention.

[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]
A. 
Statutory authorization; findings of fact; purpose and objectives.
(1) 
Statutory authorization. The Legislature of the State of New Jersey in N.J.S.A. 40:48-1 et seq. has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Township Council of the Township of Marlboro, State of New Jersey, does ordain the following provisions.
(2) 
Findings of fact.
(a) 
The flood hazard areas of the Township of Marlboro are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(b) 
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards, causing increases in flood heights and velocities, and, when inadequately anchored, damage uses in other areas. Uses which are inadequately elevated, floodproofed or otherwise protected from flood damages also contribute to the flood loss.
(3) 
Statement of purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(a) 
Protect human life and health.
(b) 
Minimize expenditure of public money for costly flood control projects.
(c) 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
(d) 
Minimize prolonged business interruptions.
(e) 
Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.
(f) 
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.
(g) 
Ensure that potential home buyers are notified that property is in an area of special flood hazard.
(h) 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(4) 
Methods of reducing flood losses. In order to accomplish its purposes, this section includes the following methods and provisions:
(a) 
Restricts or prohibits uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increase in erosion or in flood heights or velocities.
(b) 
Requires that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
(c) 
Controls the alteration of natural floodplains, stream channels and natural protective barriers which help accommodate or channel floodwaters.
(d) 
Controls filling, grading, dredging and other development which may increase flood damage.
(e) 
Prevents or regulates the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
B. 
Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
APPEAL
A request for a review of the Construction Official's interpretation of any provision of this section or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one-percent or greater annual chance of flooding to an average depth from one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, storage of equipment or materials, excavation or drilling operations located within the area of special flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
ELEVATED BUILDING
A nonbasement building built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posts and piers) or shear walls parallel to the flow of the water, and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In the area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.
FLOOD INSURANCE STUDY
The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Digital Flood Insurance Rate Map (DFIRM) and the water surface elevation of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) 
The overflow of inland or tidal waters.
(2) 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN MANAGEMENT REGULATIONS
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.
FLOODWAY
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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
Listed individually in the National Register of Historic Places as 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;
(2) 
Certified and preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
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
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either as an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). 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 to render the structure in violation of other applicable nonelevation design requirements.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include a recreational vehicle, park trailers, travel trailers and other similar vehicles.
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this section and includes any subsequent improvements to such structure.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; 400 square feet or less when measured at the longest horizontal projections; 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.
START OF CONSTRUCTION
(For other than new construction or substantial improvements under the Coastal Barrier Resources Act, P.L. 94-348) includes substantial improvement and means the date the building permit was issued, provided that 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 a 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. 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.
STRUCTURE
A walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
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.
SUBSTANTIAL IMPROVEMENT
Any repair, rehabilitation, addition, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the start of construction of the improvement or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:
(1) 
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 Code Enforcement Officer and which are the minimum necessary to assure safe living conditions; or
(2) 
Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief to a person 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.
C. 
General provisions.
(1) 
Lands to which this section applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the Township of Marlboro.
(2) 
Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report entitled "Flood Insurance Study, Monmouth County, New Jersey," dated September 25, 2009, with accompanying Flood Insurance Rate Maps for Monmouth County, New Jersey, as shown on Index and Panel Numbers 34025C0020F, 34025C0038F, 34025C0039F, 34025C0130F, 34025C0135F, 34025C0141F, 34025C0142F, 34025C0151F, 34025C0152F, 34025C0153F, 34025C0154F, 34025C0161F, 34025C0163F; the effective date of which is September 25, 2009. The above-referenced documents are hereby adopted and declared to be part of this section. The Flood Insurance Study and maps are on file in the Marlboro Township Engineering Department, located at 1979 Township Drive.
(3) 
Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted or structurally 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 misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Construction Official or his or her designee from taking such other lawful action as is necessary to prevent or remedy any violation.
(4) 
Abrogation and greater restrictions. This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(5) 
Interpretation. In the interpretation and application of this section, all provisions shall be:
(a) 
Considered as minimum requirements.
(b) 
Liberally construed in favor of the governing body.
(c) 
Deemed neither to limit nor repeal any other powers granted under state statutes.
(6) 
Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Township of Marlboro or any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
D. 
Administration.
[Amended 10-15-2009 by Ord. No. 2009-29]
(1) 
Establishment of development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Subsection C(2). Application for a development permit shall be made to the Construction Official on forms furnished by him or her and may include but not be limited to the following plans, in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:
(a) 
Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures.
(b) 
Elevation, in relation to mean sea level, to which any nonresidential structure has been floodproofed.
(c) 
Plans showing how any nonresidential floodproofed structure will meet the floodproofing criteria of Subsection E(2)(b), and after the structure is built, a certification by a registered professional engineer or architect that the structure as built meets the criteria of Subsection E(2)(b).
(d) 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(2) 
Designation of Construction Official. The Construction Official is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.
(3) 
Duties and responsibilities of the Construction Official shall include but not be limited to:
(a) 
Permit review.
[1] 
Review all development permits to determine that the permit requirements of this section have been satisfied.
[2] 
Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
[3] 
Review all development permits to determine if such proposed development is located in the floodway and assure that the encroachment provisions of Subsection F(4)(c) are met.
(b) 
Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with Subsection C(2), Basis for establishing the areas of special flood hazard, the Construction Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsection E(2)(a), Specific standards, residential construction, and Subsection E(2)(b), Specific standards, nonresidential construction.
(c) 
Information to be obtained and maintained:
[1] 
Verify and record the actual elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures, and whether or not the structure contains a basement.
[2] 
For all new or substantially improved floodproofed structures:
[a] 
Verify and record the actual elevation in relation to mean sea level.
[b] 
Maintain the floodproofing certifications required in Subsection D(1)(c).
[c] 
Maintain for public inspection all records pertaining to the provisions of this section.
(d) 
Alteration of watercourses.
[1] 
Notify adjacent communities and New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section and Land Use Regulation Program, of and prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
[2] 
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(e) 
Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section.
(4) 
Variance procedure.
(a) 
Appeal board.
[1] 
The Planning Board of the Township of Marlboro shall decide appeals, except in the case of a use variance, then the Board of Adjustment shall be the agency to grant relief from the requirements of this section.
[2] 
The Planning Board, or Board of Adjustment in the case of a use variance, will hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Construction Official in the enforcement or administration of this section.
[3] 
Those aggrieved by the decision of the Planning Board or Board of Adjustment, or any taxpayer, may appeal such decision to the Township Council.
[4] 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
[5] 
Upon consideration of the factors listed above and the purposes of this section, the Planning Board, or Board of Adjustment in the case of a use variance, may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
[6] 
The Planning Board Secretary shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
(b) 
Conditions for variances.
[1] 
Variances may be issued for the repair, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this subsection and upon a determination that the proposed repair, rehabilitation or restoration will not preclude structures continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
[2] 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. However, variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
[3] 
Variances shall only be issued upon:
[a] 
A showing of good and sufficient cause.
[b] 
A determination that failure to grant the variance would result in exceptional hardship to the applicant.
[c] 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or create nuisances, cause fraud on or victimization of the public as identified in Subsection D(4)(a) of this section or conflict with existing local laws or ordinances.
[4] 
Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of 50 lots or five acres (whichever is less).
[5] 
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
E. 
Provisions for flood hazard reduction.
(1) 
General standards. In all areas of special flood hazards, the following provisions are required:
(a) 
Anchoring.
[1] 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
[2] 
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(b) 
Construction materials and methods.
[1] 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
[2] 
All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
(c) 
Utilities.
[1] 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
[2] 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
[3] 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
[4] 
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(d) 
Subdivision proposals.
[1] 
All subdivision proposals shall be consistent with the need to minimize flood damage.
[2] 
All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
[3] 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
[4] 
Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of 50 lots or five acres.
(e) 
Enclosure openings. For all new construction and substantial improvements, the fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
[1] 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
[2] 
The bottom of all openings shall be no higher than one foot above grade.
[3] 
Openings may be equipped with screens, louvers or other covering or devices, provided that they permit the automatic entry and exit of floodwaters.
(2) 
Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Subsection C(2), Basis for establishing the areas of special flood hazard, or Subsection D(3)(b), Use of other base flood data, the following provisions are required:
(a) 
Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.
(b) 
Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. The standards of this subsection are to be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in Subsection D(3)(c)[2].
(c) 
Manufactured homes.
[1] 
Manufactured homes shall be anchored in accordance with Subsection E(1)(a)[2].
[2] 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation, such that the top of the lowest floor is at or above the base flood elevation.
F. 
Floodplain management regulations.
[Amended 10-15-2009 by Ord. No. 2009-29]
(1) 
When the Construction Official has not defined the special flood hazard areas within a community, has not provided water surface elevation data and has not provided sufficient data to identify the floodway or coastal high-hazard area, but the community has indicated the presence of such hazards by submitting an application to participate in the program, the community shall:
(a) 
Require permits for all proposed construction or other development in the community, including the placement of mobile homes, so that it may determine whether such construction or other development is proposed within flood-prone areas.
(b) 
Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334.
(c) 
Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements, including the placement of prefabricated buildings and mobile homes, shall:
[1] 
Be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure.
[2] 
Be constructed with materials and utility equipment resistant to flood damage.
[3] 
Be constructed by methods and practices that minimize flood damage.
(d) 
Review subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that:
[1] 
All such proposals are consistent with the need to minimize flood damage within the flood-prone area.
[2] 
All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage.
[3] 
Adequate drainage is provided to reduce exposure to flood hazards.
(e) 
Require within flood-prone areas new and replacement water supply systems to be designed so as to minimize or eliminate infiltration of floodwaters into the systems.
(f) 
Require within flood-prone areas:
[1] 
New and replacement sanitary sewage systems to be designed so as to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
[2] 
On-site waste disposal systems to be located so as to avoid impairment to them or contamination from them during flooding.
(2) 
When the Construction Official has designated areas of special flood hazards (A Zones) by the publication of a community's DFIRM, but has neither produced water surface elevation data nor identified a floodway or coastal high-hazard area, the community shall:
(a) 
Require permits for all proposed construction and other developments, including the placement of mobile homes, within Zone A on the community's DFIRM.
(b) 
Require the application of the standards in Subsection F(1)(b), (c), (d), (e) and (f) to development within Zone A on the community's DFIRM.
(c) 
Require that all subdivision proposals and other proposed new developments greater than 50 lots or five acres, whichever is the lesser, include within such proposals base flood elevation data.
(d) 
Obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, until such other data has been provided by the Construction Official, as criteria for requiring that all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated or floodproofed to or above base flood level, and that all new construction and substantial improvements of nonresidential structures have the lowest floor elevated or floodproofed to or above base flood level.
(e) 
For the purpose of the determination of applicable flood insurance risk premium rates within Zone A on a community's DFIRM, obtain the elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures, and whether or not such structures contain a basement, and obtain, if the structure has been floodproofed, the elevation, in relation to mean sea level, to which the structure was floodproofed, and maintain a record of all such information with the official designated by the community.
(f) 
Notify, in riverine situations, adjacent communities and the state coordinating officer prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Construction Official.
(g) 
Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
(h) 
Require that all mobile homes to be placed within Zone A on a community's DFIRM shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, and mobile homes less than 50 feet long requiring one additional tie per side, and that frame ties be provided at each corner of the home, with five additional ties per side at intermediate points, and mobile homes less than 50 feet long requiring four additional ties per side; that all components of the anchoring system be capable of carrying a force of 4,800 pounds; and that any additions to the mobile home be similarly anchored.
(i) 
Require that an evacuation plan indicating alternate vehicular access and escape routes be filed with appropriate disaster preparedness authorities for mobile home parks and mobile home subdivisions located within Zone A on the community's DFIRM.
(3) 
When the Construction Official has provided a notice of final base flood elevations within Zone AE on the community's DFIRM and, if appropriate, has designated AO Zones, A99 Zones and unnumbered A Zones on the community's DFIRM, but has not identified a regulatory floodway or coastal high-hazard area, the community shall:
(a) 
Require the standards of Subsection F(2) of this section within all AE Zones, unnumbered A Zones and AO Zones on the community's DFIRM.
(b) 
Require that all new construction and substantial improvements of residential structures within Zone AE on the community's DFIRM have the lowest floor, including basement, elevated to or above the base flood level, unless the community is granted an exception by the Construction Official for the allowance of basements and/or storm cellars.
(c) 
Require that all new construction and substantial improvements of nonresidential structures within Zone AE on the community's DFIRM have the lowest floor, including basement, elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(d) 
Provide that where floodproofing is utilized for a particular structure in accordance with Subsection F(3)(c) and (h), either a registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood, and a record of such certificates indicating the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained with the official designated by the community, or a certified copy of a local regulation containing detailed floodproofing specifications which satisfy the watertight performance standards of Subsection F(3)(c) of this section shall be submitted to the Administration for approval.
(e) 
Require within Zone AE on the community's DFIRM for new mobile home parks and mobile home subdivisions, for expansions to existing mobile home parks and mobile home subdivisions and for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvements have commenced, that stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile homes will be at or above the base flood level; that adequate surface drainage and access for a hauler are provided; and that in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for pilings more than six feet above the ground level.
(f) 
Require for all mobile homes to be placed within Zone AE on the community's DFIRM but not into mobile home parks or mobile home subdivisions, that stands or lots are elevated in compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; that adequate surface drainage and access for a hauler are provided; and that in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for piers more than six feet above ground level.
(g) 
Require within any AO Zone on the community's DFIRM that all new construction and substantial improvements of residential structures have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the community's DFIRM.
(h) 
Require within any AO Zone on the community's DFIRM that all new construction and substantial improvements or nonresidential structures have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the DFIRM or, together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(i) 
Require within any A99 Zone on a community's DFIRM the standards of Subsection F(1)(a), (b), (c) and § 220-46F(2)(e) through (i) of this section.
(j) 
Require until a regulatory floodway is designated that no new construction, substantial improvements or other development, including fill, shall be permitted within Zone AE on the community's DFIRM unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 0.2 foot at any point within the community.
(4) 
When the Construction Official has provided a notice of final base flood elevations within Zone AE on the community's DFIRM and, if appropriate, has designated AO Zones, A99 Zones and unnumbered A Zones on the community's DFIRM and has provided data from which the community shall designate its regulatory floodway, the community shall:
(a) 
Meet the requirements of Subsection F(3)(a) through (i) of this section.
(b) 
Select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than 0.2 foot at any point.
(c) 
Prohibit encroachments, including fill, new construction, substantial improvements and other development, within the adopted regulatory floodway that would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(d) 
Prohibit the placement of any mobile homes, except in an existing mobile home park or mobile home subdivision, within the adopted regulatory floodway.
(e) 
Prohibit any proposed development, in all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, whose cumulative effect, when combined with all other existing and anticipated development, increases the water surface elevation of the base flood by more than 0.2 of a foot at any point.
G. 
Variances and exceptions.
(1) 
The Construction Official does not set forth absolute criteria for granting variances from the criteria set forth in this section. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. The community, after examining the applicant's hardships, shall approve or disapprove a request. While the granting of variances generally is limited to a lot size less than 1/2 acre, as set forth in Subsection G(2)(b) of this section, deviations from that limitation may occur. However, as the lot size increases beyond 1/2 acre, the technical justification required for issuing a variance increases. The Construction Official may review a community's findings justifying the granting of variances, and if that review indicates a pattern inconsistent with the objectives of sound floodplain management, the Construction Official may take appropriate action under this section.
(2) 
Variances may be issued by a community for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places without regard to the procedures set forth in this subsection. Procedures for the granting of variances by a community are as follows:
(a) 
Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(b) 
Variances may be issued by a community for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures of Subsection G(2)(c), (d) and (e) of this section.
(c) 
Variances shall only be issued by a community upon a showing of good and sufficient cause; a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances; and a determination that failure to grant the variance would result in exceptional hardship to the applicant.
(d) 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(e) 
A community shall notify the applicant in writing, over the signature of a community official, 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. Such notification shall be maintained with a record of all variance actions as required under this section.

§ 220-47 LC Land Conservation District.

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. 
Permitted accessory uses.
[Amended 12-15-1994 by Ord. No. 34-94]
(1) 
Private garages and carports.
(2) 
Fences, subject to the provisions of § 220-95 of this chapter.
(3) 
Private tennis courts, subject to the provisions of § 220-43 of this chapter.
(4) 
Private swimming pools, subject to the provisions of §§ 220-42 and 220-96 of this chapter.
(5) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
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.
D. 
Uses requiring a conditional use permit, subject to the provisions of Article IV of this chapter.
(1) 
Public utilities.
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.
F. 
Signs are subject to the provisions of § 220-99 of this chapter.
G. 
Off-street parking is subject to the provisions of § 220-97 of this chapter.
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.
(7) 
Fences. Fences are permitted as per § 220-95 of this chapter, except as provided in Subsection H(1)(c)[4][b] above.
(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.

§ 220-48 R-80 Residential District.

The following regulations shall apply in the R-80 Residential District:
A. 
Permitted uses.
(1) 
Single-family dwellings.
(2) 
Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
B. 
Permitted accessory uses.
(1) 
All accessory uses permitted in the LC Land Conservation District under § 220-47B.
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.
(a) 
All accessory uses permitted in the LC Land Conservation District under § 220-47B.
(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.
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections F, G and H as Subsections G, H and I, respectively.
G. 
Signs are permitted as per § 220-99 of this chapter.
H. 
Parking is permitted as per § 220-97 of this chapter.
I. 
Fences are permitted as per § 220-95 of this chapter.

§ 220-49 R-60 and R-60/40 Residential Districts.

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.
A. 
Permitted uses.
(1) 
All uses permitted in the R-80 Residential Zone under § 220-48A.
B. 
Permitted accessory uses.
(1) 
All accessory uses permitted in the LC Land Conservation District under § 220-47B.
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.
(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.
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.
F. 
Signs are permitted as per § 220-99 of this chapter.
G. 
Parking is permitted as per § 220-97 of this chapter.
H. 
Fences are permitted as per § 220-95 of this chapter.

§ 220-50 R-40/30 Residential District.

[Added 2-16-1989 by Ord. No. 1-89]
The following regulations shall apply in the R-40/30 Residential District:
A. 
Permitted uses.
(1) 
All uses permitted in the R-80 Residential Zone under § 220-48A.
B. 
Permitted accessory uses.
(1) 
All accessory uses permitted in the R-60 Residential District under § 220-49B.
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]
(1) 
The minimum front yard setback for accessory structures shall be the same as that for principal structures in the zone.
(2) 
The minimum rear yard setback for accessory structures shall be 25 feet.
(3) 
The minimum side yard setback for accessory structures shall be 10 feet.
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 recreational areas.
(5) 
Commercial swimming pools and swimming clubs.
(6) 
Home professional offices and home occupations.
E. 
Signs are permitted as per § 220-99 of this chapter.
F. 
Parking is permitted as per § 220-97 of this chapter.
G. 
Fences are permitted as per § 220-95 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]

§ 220-51 R-60/15 Residential District.

[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. 
Permitted accessory uses.
(1) 
Private garages designed to accommodate three cars or fewer.
(2) 
Fences, subject to the provisions of § 220-95 of this chapter.
(3) 
Private swimming pool, subject to the provisions of § 220-96 of this chapter.
(4) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
C. 
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 recreational areas.
(5) 
Commercial swimming pools and swimming clubs.
(6) 
Home professional offices and home occupations.
D. 
Signs are subject to the provisions of § 220-99 of this chapter.
E. 
Off-street parking is subject to the provisions of § 220-97 of this chapter.

§ 220-52 R-40AH Residential District.

[Added 5-14-1998 by Ord. No. 9-98]
The following regulations shall apply in the R-40AH Residential District:
A. 
Permitted uses.
(1) 
Single-family detached dwellings. Gross tract density shall not exceed 0.60 lots per acre.
(2) 
Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
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 at the end of this chapter.
C. 
Permitted accessory uses.
(1) 
Private garages.
(2) 
Storage sheds less than 150 square feet in area.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
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 recreational areas.
(5) 
Commercial swimming pools and swimming clubs.
(6) 
Home professional offices and home occupations.
E. 
Signs are permitted as per § 220-99 of this chapter.
F. 
Parking is permitted as per § 220-97 of this chapter.
G. 
Fences are permitted as per § 220-95 of this chapter.

§ 220-53 R-40GAH Residential District.

The following regulations shall apply in the R-40GAH Residential District:
A. 
Permitted uses.
(1) 
Single-family detached dwellings when developed as a gated community only. Gross tract density shall not exceed 0.78 lots per acre.
(2) 
Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
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 at the end of this chapter.
D. 
Permitted accessory uses.
(1) 
Private garages.
(2) 
Storage sheds less than 150 square feet in area.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
E. 
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 recreational areas.
(5) 
Commercial swimming pools and swimming clubs.
(6) 
Home professional offices and home occupations.
F. 
Signs are permitted as per § 220-99 of this chapter.
G. 
Parking is permitted as per § 220-97 of this chapter.
H. 
Fences are permitted as per § 220-95 of this chapter.

§ 220-54 R-30 and R-30/20 Residential Districts.

[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]
A. 
Permitted uses.
(1) 
All uses permitted in the R-80 Residential Zone under § 220-48A.
B. 
Permitted accessory uses.
(1) 
All accessory uses permitted in the R-60 Residential District under § 220-49B.
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 swim clubs.
(6) 
Home professional offices and home occupations.
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.
F. 
Signs are permitted as per § 220-99 of this chapter.
G. 
Parking is permitted as per § 220-97 of this chapter.
H. 
Fences are permitted as per § 220-95 of this chapter.
[1]
Editor's Note: Table II, the Schedule of Area, Yard and Building Requirements: Cluster Provisions, is included at the end of this chapter.

§ 220-55 R-25 Residential District.

[Added 2-16-1989 by Ord. No. 1-89]
The following regulations shall apply to the R-25 Residential District:
A. 
Permitted uses.
(1) 
All uses permitted in the R-80 Residential Zone under § 220-48A.
B. 
Permitted accessory uses.
(1) 
All accessory uses permitted in the R-60 Residential District under § 220-49B.
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 recreational areas.
(5) 
Commercial swimming pools and swimming clubs.
(6) 
Home professional offices and home occupations.
E. 
Signs are permitted as per § 220-99 of this chapter.
F. 
Parking is permitted as per § 220-97 of this chapter.
G. 
Fences are permitted as per § 220-95 of this chapter.

§ 220-56 R-20 Residential District.

The following regulations shall apply in the R-20 Residential District:
A. 
Permitted uses.
(1) 
All uses permitted in the R-80 Residential Zone under § 220-48A.
B. 
Permitted accessory uses.
(1) 
All accessory uses permitted in the R-60 Residential Zone under § 220-49B.
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 recreational areas.
(5) 
Commercial swimming pools and swimming clubs.
(6) 
Home professional offices and home occupations.
E. 
Signs are permitted as per § 220-99 of this chapter.
F. 
Parking is permitted as per § 220-97 of this chapter.
G. 
Fences are permitted as per § 220-95 of this chapter.

§ 220-57 R-1.5 Residential District.

[Added 2-16-1989 by Ord. No. 1-89]
The following regulations shall apply to the R-1.5 Residential District:
A. 
Permitted uses.
(1) 
All uses permitted in the R-80 Residential Zone under § 220-48A.
B. 
Permitted accessory uses.
(1) 
All accessory uses permitted in the R-60 Residential District under § 220-49B.
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.
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 recreational areas.
(5) 
Commercial swimming pools and swimming clubs.
(6) 
Home professional offices and home occupations.
E. 
Signs are permitted as per § 220-99 of this chapter.
F. 
Parking is permitted as per § 220-97 of this chapter.
G. 
Fences are permitted as per § 220-95 of this chapter.

§ 220-58 R-20/15 Residential District.

[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.
B. 
Permitted accessory uses.
(1) 
All accessory uses permitted in the LC Land Conservation District under § 220-47B.
C. 
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 recreational areas.
(5) 
Commercial swimming pools and swimming clubs.
(6) 
Home professional offices and home occupations.
D. 
Signs are subject to the provisions of § 220-99 of this chapter.
E. 
Off-street parking is subject to the provisions of § 220-97 of this chapter.

§ 220-59 R-20AH-1 Residential District.

The following regulations shall apply in the R-20AH-1 Residential District:
A. 
Permitted uses.
(1) 
Single-family detached dwellings. Gross tract density shall not exceed 1.10 lots per acre.
(2) 
Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
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.
D. 
Permitted accessory uses.
(1) 
Private garages.
(2) 
Storage sheds less than 150 square feet in area.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
E. 
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 recreational areas.
(5) 
Commercial swimming pools and swimming clubs.
(6) 
Home professional offices and home occupations.
F. 
Signs are permitted as per § 220-99 of this chapter.
G. 
Parking is permitted as per § 220-97 of this chapter.
H. 
Fences are permitted as per § 220-95 of this chapter.

§ 220-60 R-20AH-2 Residential District.

The following regulations shall apply in the R-20AH-2 Residential District:
A. 
Permitted uses.
(1) 
Single-family detached dwellings. Gross tract density shall not exceed 1.15 lots per acre.
(2) 
Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
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.
C. 
The minimum lot requirements shall be:
(1) 
The minimum lot size shall be 20,000 square feet.
(2) 
Minimum lot dimension requirements shall be the same as those for the R-20 Residential District as set forth in § 220-34D of this chapter.
D. 
Permitted accessory uses.
(1) 
Private garages.
(2) 
Storage sheds less than 150 square feet in area.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
E. 
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 recreational areas.
(5) 
Commercial swimming pools and swimming clubs.
(6) 
Home professional offices and home occupations.
F. 
Signs are permitted as per § 220-99 of this chapter.
G. 
Parking is permitted as per § 220-97 of this chapter.
H. 
Fences are permitted as per § 220-95 of this chapter.

§ 220-61 R-10AH Residential District.

[Added 12-3-1998 by Ord. No. 13-98]
The following regulation shall apply in the R-10AH Residential District:
A. 
Permitted uses.
(1) 
Single-family detached dwellings. Gross tract density shall not exceed 2.40 lots per acre.
(2) 
Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
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.
D. 
Permitted accessory uses.
(1) 
Private garages.
(2) 
Storage sheds less than 150 square feet area.
(3) 
Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
E. 
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 recreational areas.
(5) 
Commercial swimming pools and swimming clubs.
(6) 
Home professional offices and home occupations.
F. 
Signs are permitted as per § 220-99 of this chapter.
G. 
Parking is permitted as per § 220-97 of this chapter.
H. 
Fences are permitted as per § 220-95 of this chapter.

§ 220-62 FRD Flexible Residential District.

The following regulations shall apply in the FRD Flexible Residential District:
A. 
Permitted uses.
(1) 
All uses permitted in the R-80 Residential Zone under § 220-48A.
B. 
Permitted accessory uses.
(1) 
All accessory uses permitted in the R-80 Residential District under § 220-48B.
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.
E. 
District development controls.
(1) 
With regard to any land within this district to be developed at a density of 10,000 square feet minimum per lot, the regulations and provisions of Subsections F and G of this section shall be applicable.
(2) 
With regard to any land within this district to be developed at a density of 1.16 dwelling units to the acre, the regulations and provisions of § 220-56C shall be applicable.
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.

§ 220-63 FSC Flexible Senior Citizen District.

The following regulations shall apply in the FSC Flexible Senior Citizen District:
A. 
Permitted uses.
(1) 
All uses permitted in the R-80 Residential Zone under § 220-48A.
(2) 
All uses permitted in the R-60 Residential District under § 220-49A.
(3) 
Planned adult communities, subject to § 220-76.
B. 
Uses requiring a conditional use permit, subject to the conditional use procedures as outlined in Article IV of this chapter.
(1) 
Churches and places of worship.
(2) 
Hospitals, philanthropic or eleemosynary uses.
(3) 
Quasi-public buildings and recreation areas.
(4) 
Commercial swimming pools and swimming clubs.
(5) 
Home professional offices and home occupations.

§ 220-64 RSC Senior Citizen Residential District.

The following regulations shall apply in the RSC Senior Citizen Residential District:
A. 
Permitted uses.
(1) 
Housing accommodations for senior citizens as defined under § 220-4B. Accommodations shall be in single-family detached dwellings or in clustered townhouses or in a combination of both, provided that no more than 20% of the dwelling units constructed shall contain more than two bedrooms.
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.
C. 
Uses requiring a special 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) 
Home professional offices and home occupations.
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.

§ 220-65 RSCS Senior Citizen Residential and Single-Family District.

[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.
(4) 
Senior citizen light-care centers as set forth in Subsection C of this zoning section.
(5) 
Nursing homes as a conditional use subject to Article IV.
B. 
Dwelling construction controls.
(1) 
A clubhouse and recreational facilities shall be provided for every senior citizen project as follows:
(a) 
A clubhouse at a ratio of 12 square feet per dwelling unit, however, a minimum building of 5,000 square feet shall be provided.
(b) 
Outdoor recreational facilities of the following types with final determination to be made by the Planning Board:
[1] 
Tennis court.
[2] 
Shuffleboard court.
[3] 
Similar facilities submitted by the applicant.
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.
(d) 
Minimum setback distances from all other existing public roads maintained by the Township of Marlboro shall be as follows:
[1] 
The minimum front yard setback shall be 50 feet.
[2] 
The minimum side yard setback shall be 50 feet.
[3] 
The minimum rear yard setback shall be 50 feet.
(e) 
Minimum setback distances from all private streets to be constructed and installed as part of the LCC shall be as follows:
[1] 
The minimum front yard setback shall be 25 feet.
[2] 
The minimum side yard setback shall be 20 feet.
[3] 
The minimum rear yard setback shall be 30 feet.
(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:
[1] 
For multifamily buildings oriented essentially at 90° to each other, the minimum distance between the same shall be 20 feet minimum.
[2] 
For multifamily buildings oriented essentially end-to-end to each other, the minimum distance between the same shall be 25 feet minimum.
(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]
[1]
Editor's Note: The Marlboro Township Municipal Utilities Authority, established 5-24-1962, previously included in Ch. 60, Art. I, was dissolved 12-18-2009 by Ord. No. 2009-45. See now § 4-88.1, Division of Water Utility.
(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:
[1] 
Adequate interim facilities are provided for dining in accordance with Subsection C(4)(w) and (5)(c); and
[2] 
The recreation building is completed for occupancy not later than the date upon which a certificate of occupancy is issued for the 100th unit in the LCC.
(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.

§ 220-66 THD Townhouse District.

The following regulations shall apply in the THD Townhouse District:
A. 
Permitted uses.
(1) 
Townhouses as defined under § 220-4B.
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:
[1] 
Basketball: 6,000 square feet.
[2] 
Tennis: 7,200 square feet.
[3] 
Handball: 1,400 square feet.
One of the above shall be provided for every 10 townhouse units. At least one of each shall be in the total project.
(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.
(26) 
The site design shall comply with the floodplain regulations in § 220-46.
(27) 
The application shall also comply with § 220-159 regarding environmental requirements.
(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.
(29) 
Required land use development. Strategy shall be as outlined in Subsection C.
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.

§ 220-67 MHD Mobile Home Park District.

[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:
A. 
Permitted uses.
(1) 
Trailers and mobile homes as defined under § 220-4B.
(2) 
Service and accessory buildings, including an office-storage building for the sale of land, storage of maintenance equipment, conduct of general office functions in relation to operation of the park.
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.

§ 220-68 MHD-II Mobile Home Park District.

[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:
(1) 
Each affordable unit shall be marketed via an affirmative marketing program.
(2) 
Each mobile home park shall maintain designated pads for affordable units.
(3) 
Each mobile home park shall comply with Chapter 235, Article I, of the Marlboro Township Code, known as "Rent Control."
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.

§ 220-69 MFD Multifamily 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.

§ 220-70 MFD-I Multifamily District.

[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.
B. 
Permitted uses. Permitted uses shall be as follows:
(1) 
Single-family homes.
(2) 
Zero lot line homes.
(3) 
Those uses permitted in § 220-69B of this chapter.
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.
(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 zero feet; the minimum total for two side yards shall be 10 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 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.
(3) 
For those uses permitted in § 220-69B of this chapter.
(a) 
In accordance with the regulations and provisions of § 220-108D of this chapter, except as amended herein in § 220-70A.
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) 
For single-family homes and zero lot line homes only. The permitted accessory uses shall be those as contained in § 220-47B of this chapter.
(2) 
For those uses permitted in § 220-69B of this chapter. The permitted accessory uses shall be those as contained in § 220-69C of this chapter.
[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."

§ 220-71 MFD-II Multifamily District.

[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.
B. 
Permitted uses. Permitted uses shall be as follows:
(1) 
Detached single-family homes.
(2) 
Attached single-family duplex units.
(3) 
Single-family zero lot line homes.
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.
(c) 
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.
(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.
E. 
Permitted accessory uses. All those uses contained in § 220-69C of this chapter shall apply in the MFD-II Zone.
[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."

§ 220-71.1 MFD-III Multifamily District.

[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.
C. 
Permitted uses. Permitted uses shall be as follows:
(1) 
Attached townhouse residential units.
(2) 
Multifamily residential tenanted buildings.
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.
(d) 
Setbacks.
[1] 
Front yard. The minimum front yard setback shall be 10 feet.
[2] 
Side yard. The minimum side yard setback shall be 10 feet; the minimum for two sides is 30 feet.
[3] 
Rear yard. The minimum rear yard setback shall be 10 feet.
(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.

§ 220-72 SCMFD-I Senior Citizen Multifamily District I.

[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,
B. 
Permitted principal uses.
(1) 
Attached single-family duplex units.
(2) 
Townhouses.
(3) 
Multiple-family condominium dwellings.
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.

§ 220-73 SCMFD-II Senior Citizen Multifamily District II.

[Added 12-7-2000 by Ord. No. 2000-8[1]; amended 8-12-2004 by Ord. No. 2004-16]
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.
A. 
Permitted principal uses.
(1) 
Attached single-family duplex units.
(2) 
Townhouses.
(3) 
Multiple-family condominium dwellings.
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.

§ 220-74 MFPHD Multifamily/Patio Home District.

[Added 12-7-2000 by Ord. No. 2000-33[1]; amended 8-12-2004 by Ord. No. 2004-16]
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).
B. 
Permitted principal uses.
(1) 
Townhouses/patio homes.
(2) 
Multiple-family condominium dwellings for affordable units only.
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.

§ 220-75 (Reserved) [1]

[1]
Editor's Note: Former 220-75, MFD-III, Multifamily District, was renumbered as § 220-71.1 by Ord. No. 2015-18, adopted 12-17-2015.

§ 220-75.1 MFD-IV Multifamily District.

[Added 2-12-2009 by Ord. No. 2009-3]
The following regulations shall apply in the Multifamily District IV:
A. 
Permitted principal 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.
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.
G. 
The requirements found in the Marlboro Township Code at § 84-104J(8)[1] requiring high water design of basins 100 feet from a proposed dwelling shall be waived and a requirement of 50 feet shall be provided instead.
[1]
Editor's Note: Refers to Ch. 84 of the 1981 Code.
H. 
For existing stormwater basins, the requirements found in the Marlboro Township Code at § 84-104J(9)[2] requiring a basin setback to right-of-way 25 feet shall be waived and a basin setback right-of-way of zero feet shall be provided instead.
[2]
Editor's Note: Refers to Ch. 84 of the 1981 Code.
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.

§ 220-76 PAC Planned Adult Community District.

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:
(a) 
Covenants and restrictions for the community or any other plan for or restriction upon the community property.
(b) 
Proposed master deed or deeds.
(c) 
Bylaws of the proposed homeowners' association.
(d) 
Proposed agreement of sale.
(e) 
Proposed form of deed.
(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.
(12) 
In all other respects concerning lot sizes and buildings requirements, the provisions of § 220-56, R-20 Residential District, shall apply.

§ 220-77 PAC-II Planned Adult Community District.

[Amended 1-24-1991 by Ord. No. 64-90; 9-8-1994 by Ord. No. 18-94[1]]
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:
(1) 
Single-family detached dwellings.
(2) 
Single-family detached zero lot line dwellings.
(3) 
Single-family attached dwellings with patios.
(4) 
Townhouses.
(5) 
Garden apartments and multiple dwellings restricted to persons 55 years of age or older as permitted by federal law.
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.
[2] 
There shall be a minimum twenty-five-foot buffer to any nonresidential use or state or county road or to any street other than a local street as defined in § 220-4.
[3] 
Buffers may be natural or landscaped in accordance with § 220-100.
(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.
(n) 
Similarity of buildings. Notwithstanding any other provision of this chapter to the contrary, the provisions of §§ 220-38 and 220-181 shall not apply.
[Added 11-3-1994 by Ord. No. 28-94]