Township of Marlboro, NJ Zoning: Standards and Regulations

[Amended 2-16-1989 by Ord. No. 1-89; 11-29-1990 by Ord. No. 56-90; 12-13-1990 by Ord. No. 63-90; 1-24-1991 by Ord. No. 64-90; 4-30-1992 by Ord. No. 7-92; 11-24-1992 by Ord. No. 40-92]

	LC	Land Conservation District
	R-80	Residential District
	R-60	Residential District
	R-60/40	Residential District
	R-40/30	Residential District
	R-60/15	Residential District [Added 2-23-1995 by Ord. No. 1-95]
	R-40AH	Residential District [Added 5-14-1998 by Ord. No. 9-98]
	R-40GAH	Residential District [Added 5-14-1998 by Ord. No. 9-98]
	R-30	Residential District
	R-30/20	Residential District [Added 5-13-1999 by Ord. No. 1999-12]
	R-25	Residential District
	R-20	Residential District
	R-1.5	Residential District
	R-20/15	Residential District [Added 4-25-1996 by Ord. No. 12-96]
	R-20AH-1	Residential District [Added 5-14-1998 by Ord. No. 9-98]
	R-20AH-2	Residential District [Added 5-14-1998 by Ord. No. 9-98]
	R-10AH	Residential District [Added 12-3-1998 by Ord. No. 13-98]
	FRD	Residential District
	FSC	Residential District
	RSC	Residential District
	THD	Township District
	MHD	Mobile Home Park District
	MHD-II	Mobile Home Park District
	MFD	Multifamily District
	MFD-I	Multifamily District
	MFD-II	Multifamily District
	MFD-III	Multifamily District [Added 12-10-2009 by Ord. No. 2009-35]
	MFD-IV	Multifamily District [Added 2-12-2009 by Ord. No. 2009-3]
	SCMFD-I	Multifamily District [Added 4-4-2000 by Ord. No. 2000-7]
	SCMFD-II	Senior Citizen Multifamily District II [Added 12-7-2000 by Ord. No. 2000-8]
	MFPHD	Multifamily/Patio Home District [Added 12-7-2000 by Ord. No. 2000-23]
	PAC	Residential District
	PAC-II	Residential District
	PAC-III	Residential District [Added 12-2-1999 by Ord. No. 1999-43]
	RSCS	Residential District
	OPT-1	Office Transitional District
	OPT-2	Office Transitional District
	OPT-3	Office Transitional District
	SCPR	Residential District [Added 9-9-1993 by Ord. No. 44-93]
	SCPR-II	Residential District [Added 8-19-1999 by Ord. No. 1999-29]
	CS	Commercial Service District
	C-1	Village Commercial District
	C-2	Neighborhood Commercial District
	C-3	Community Commercial District
	C-4	Regional Commercial District
	C-5	Community Commercial District II [Added 8-11-2005 by Ord. No. 2005-26]
	CIR	Commercial-Industrial-Research District
	IOR	Industrial-Office-Research District
	LI	Light Industrial District[1]
	A/LC	Agriculture/Land Conservation District [Added 5-25-1995 by Ord. No. 9-95[2]]
	AHA	Airport Hazard Area District[3]
	ROS	Recreation and Open Space District [Added 12-12-2019 by Ord. No. 2019-14]
	CF	Community Facilities District [Added 12-12-2019 by Ord. No. 2019-14]
	GH-1	Generational Housing 1 (MDG/Bathgate) [Added 12-12-2019 by Ord. No. 2019-14]
	GH-2	Generational Housing 2 (EL at Marlboro/Marlboro Parke) [Added 12-12-2019 by Ord. No. 2019-14]
	GH-3	Generational Housing 3 (Weitz/Pallu) [Added 12-12-2019 by Ord. No. 2019-14]
	GH-4	Generational Housing 4 (Weitz/Ashbel) [Added 12-12-2019 by Ord. No. 2019-14]
	GH-5	Generational Housing 5 (M&M) [Added 12-12-2019 by Ord. No. 2019-14]
	GH-6	Generational Housing 6 (Buckdale) [Added 12-12-2019 by Ord. No. 2019-14]
	GH-7	Generational Housing 7 (Wildflower/The Place at Marlboro) [Added 12-12-2019 by Ord. No. 2019-14]
	GH-8	Generational Housing 8 Overlay (Marlboro Motor Lodge) [Added 12-12-2019 by Ord. No. 2019-14]

[1]

Editor’s Note: Former MZ Municipal Zone District, which immediately followed this district, was repealed 12-12-2019 by Ord. No. 2019-14.

[2]

Editor's Note: This ordinance also repealed former HD Hospital Zone.

[3]

Editor’s Note: Former AH-TR Affordable Housing - Ticetown Road District, added 3-5-2009 by Ord. No. 2009-6, and which immediately followed this district, was repealed 4-15-2010 by Ord. No. 2010-6.

Zoning Map.

(1)

The boundary of all zoning districts set forth in this chapter shall be shown on a map dated January 24, 1991, as amended, and entitled "Zoning Map of the Township of Marlboro." Such map is hereby made a part of this chapter.[4]

[Amended 9-28-1989 by Ord. No. 45-89[5]; 11-29-1990 by Ord. No. 57-90; 12-13-1990 by Ord. No. 63-90; 1-24-1991 by Ord. No. 64-90; 4-25-1991 by Ord. No. 10-91; 10-24-1991 by Ord. No. 39-91; 7-16-1992 by Ord. No. 20-92; 11-24-1992 by Ord. No. 40-92; 9-8-1994 by Ord. No. 18-94[6]; 4-25-1996 by Ord. No. 12-96; 5-14-1998 by Ord. No. 9-98; 12-3-1998 by Ord. No. 13-98; 5-13-1999 by Ord. No. 1999-10; 5-13-1999 by Ord. No. 1999-12; 5-27-1999 by Ord. No. 1999-14; 8-19-1999 by Ord. No. 1999-29; 12-2-1999 by Ord. No. 1999-43; 3-9-2000 by Ord. No. 2000-3[7]; 5-11-2000 by Ord. No. 2000-4[8]; 5-11-2000 by Ord. No. 2000-5; 4-4-2000 by Ord. No. 2000-7; 12-7-2000 by Ord. No. 2000-8[9]; 12-7-2000 by Ord. No. 2000-33[10]; 6-27-2002 by Ord. No. 2002-16; 10-10-2002 by Ord. No. 2002-25; 7-14-2005 by Ord. No. 2005-25; 8-11-2005 by Ord. No. 2005-26; 7-14-2005 by Ord. No. 2005-27; 9-8-2005 by Ord. No. 2005-28; 7-14-2005 by Ord. No. 2005-29; 8-11-2005 by Ord. No. 2005-30; 8-11-2005 by Ord. No. 2005-32; 8-11-2005 by Ord. No. 2005-33; 7-25-2006 by Ord. No. 2006-15; 10-19-2006 by Ord. No. 2006-32; 7-12-2007 by Ord. No. 2007-14; 2-12-2009 by Ord. No. 2009-3; 9-30-2009 by Ord. No. 2009-2; 10-15-2009 by Ord. No. 2009-32; 6-13-2013 by Ord. No. 2013-12; 3-6-2014 by Ord. No. 2014-7]

[4]

Editor's Note: A copy of the Zoning Map is on file in the Municipal Clerk's office.

[5]

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.

[6]

Editor's Note: This ordinance also provided that developers shall be responsible for the payment of all legal, administrative and other costs associated with this rezoning. In addition, this ordinance was to become effective on approval by the Superior Court of New Jersey, Law Division.

[7]

Editor's Note: Ordinance No. 2000-12, adopted 5-11-2000, amended this ordinance to include a provision that this ordinance shall not take effect until approval has been received from the Superior Court of New Jersey or the Council on Affordable Housing authorizing its implementation. Ordinance No. 2000-3 was repealed 10-19-2006 by Ord. No. 2006-30.

[8]

Editor's Note: This ordinance also included a provision that it shall not take effect until approval has been received from the Superior Court of New Jersey or the Council on Affordable Housing authorizing its implementation. Ordinance No. 2000-4 was repealed 10-19-2006 by Ord. No. 2006-30.

[9]

Editor's Note: This ordinance also included a provision that it shall not take effect until approval has been received by the Council on Affordable Housing authorizing its implementation, in conjunction with a final grant of substantive certification from COAH.

[10]

(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.

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.

Schedule of Area, Yard and Building Requirements. The Schedule of Area, Yard and Building Requirements, as amended, is included as an attachment to this chapter and cited as § 220-34D.

[Amended 2-16-1989 by Ord. No. 1-89; 12-13-1990 by Ord. No. 63-90; 1-24-1991 by Ord. No. 64-90; 10-22-1992 by Ord. No. 37-92; 12-10-2009 by Ord. No. 2009-35]

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]

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]

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]

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.

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.

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.

Permitted modifications and exceptions.

(1)

Height limits. Height limitations in §§ 220-47 through 220-93 of this chapter shall not apply to chimneys, church spires, gables, silos, belfries, domes, ventilators, skylights, parapets, cupolas, standpipes, flagpoles, monuments, transmission towers, radio and television antennas, cables, water tanks and conditioners and similar structures and necessary mechanical appurtenances for the zone in which the building is located, provided that no such exception shall cover at any level more than 10% of the area of the roof or ground on which it is located. Public and quasi-public buildings, schools, churches and other similar permitted uses shall increase the front, rear and side yards one foot for each foot by which the building exceeds the height limit herein established for such zone in which it is located, but in no case shall any building have a height exceeding 50 feet unless elsewhere provided in this chapter.

(a)

Freestanding aerials or antennas shall be located or placed in the rear yard and shall be not more than 15 feet higher than the highest building within a radius of 500 feet, and if the aerial or antenna is more than 20 feet in height, it shall be built to withstand winds up to 100 miles per hour.

(b)

Aerials or antennas attached to or on a building shall extend no more than 15 feet above the highest building within a radius of 500 feet, and if the aerial or antenna extends more than 20 feet above the point of attachment, it shall be so constructed as to be able to withstand winds up to 100 miles per hour.

(c)

Freestanding flagpoles may be erected or placed in any yard, and if the pole is more than 20 feet in height, it shall be so built as to be able to withstand winds up to 100 miles per hour.

(d)

Satellite antennas shall comply with the following requirements:

[Added 3-20-1986 by Ord. No. 3-86]

[1]

Satellite antennas shall be deemed accessory buildings and, except where an unreasonable interference with satellite signal reception will result, shall be subject to all the provisions and restrictions, including issuance of a building permit, applicable to accessory buildings generally and in the respective zone district in which the same may be located. It shall be the burden of the applicant to prove the existence of an unreasonable interference with satellite signal reception by demonstrating such interference to the Zoning Officer.

[Amended 9-24-1992 by Ord. No. 11-92]

[2]

No satellite antenna shall exceed 12 feet in height, nor shall the dish or other receiving device exceed 12 feet in diameter or cross section when measured at its widest points. Height measurements shall be made from the base or mount of the antenna.

[Amended 6-13-1986 by Ord. No. 21-86; 9-24-1992 by Ord. No. 11-92]

[3]

No satellite antenna may be placed on any rooftop or other part of a building or structure in any zone, unless an unreasonable interference with satellite signal reception will result from placement elsewhere. It shall be the burden of the applicant to prove the existence of an unreasonable interference with satellite signal reception by demonstrating such interference to the Zoning Officer.

[Amended 9-24-1992 by Ord. No. 11-92]

[4]

Every satellite antenna shall be reasonably screened to minimize the view of the antenna from public thoroughfares and ground levels of adjacent properties, unless said screening shall cause an unreasonable interference with satellite signal reception. Screening may consist of trellises, latticework, decorative blocks or natural plants, shrubs or trees which shall, in the judgment of the Zoning Officer, be of sufficient density and opacity to provide adequate screening in compliance with the intention of this subsection, without unreasonably interfering with reception. This shall be a continuing requirement, and such screening shall be maintained as originally approved. It shall be the burden of the applicant to prove the existence of an unreasonable interference with satellite signal reception by demonstrating such interference to the Zoning Officer.

[Amended 9-24-1992 by Ord. No. 11-92]

[5]

The satellite antenna shall be designed for use by residents of the main building only, and no lot may contain more than one dish antenna.

[6]

No satellite antenna, including its mount, shall be built, erected or modified until a permit is issued by the Building Inspector. Any person applying for such a permit shall furnish to the Building Inspector such plans, drawings and specifications as he may reasonably require as to the satellite antenna to be erected and shall pay a fee of $35 with said application.

[7]

All satellite antennas shall be designed in conformance with the American National Standards Institute Standard A58.1, American National Standard Building Code requirements for minimum design loads in buildings and other structures, and the Electronics Industry Association Standard RS-411, Electrical and Mechanical Characteristics of Antennas for Satellite Earth Stations, or any modification or successors to said standards, as well as any other construction or performance standards, rules and regulations of any governmental entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission. A certificate of conformance with the aforesaid standards by the manufacturer's professional personnel or such other professional as may be deemed appropriate by the Building Inspector shall be submitted to the Building Inspector as a condition of the issuance of the building permit required by this section. The codes and standards referred to herein shall be for reference purposes only.

[Amended 6-13-1986 by Ord. No. 21-86]

(2)

Undersized lots of record. Any parcel of land with an area or width less than that prescribed for a lot in the zone in which such lot is located, which parcel was under one ownership at the date of the adoption of this chapter and the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone, provided that the minimum area requirements for such lot shall be 10,000 square feet of lot size and 70 feet of lot width; further provided that the minimum side yard area for any building shall be no less than 10 feet, and further provided that all other regulations prescribed for the zone by this chapter are complied with. Lots which are not of the required minimum area or width may be used for any purpose permitted in the zone in which they are located if such lots were included in a subdivision plat which was either duly approved under the Municipal Planning Act of 1953 prior to the effective date of this chapter but subsequent to January 1, 1954 (the effective date of such Act), or granted tentative approval under said Act prior to the effective date of this chapter and granted final approval after the effective date of this chapter but within three years from the date of such tentative approval, and provided further that the final subdivision plat in either instance shall have been duly recorded in the office of the County Clerk within the time required by law.

(3)

Irregularly shaped lots.

(a)

In the case of irregularly shaped lots, the minimum lot width may be measured at the building line, provided that in no case shall the lot frontage be less than 75% of the minimum lot width requirement.

(b)

Lots on culs-de-sac. In the case of an irregularly shaped lot that results from fronting on a cul-de-sac, the minimum lot width shall be measured at the building setback line, provided that in no case shall the lot frontage be less than 75% of the minimum lot width requirement.

[Added 5-23-1991 by Ord. No. 9-91]

(4)

Yards. Open fire escapes may not project more than five feet into any side or rear yard in a residential zone. A paved terrace at ground level shall not be considered in the determination of side or rear yard sizes or lot coverage; provided, however, that such terrace is unroofed and without walls, parapets or other form of enclosure. No paved terrace or driveway shall be permitted closer than five feet to any side or rear property line. The requirements of this section shall not apply to any driveways constructed and maintained on a property prior to the year 2000.

[Amended 1-3-2019 by Ord. No. 2018-23]

(5)

Construction offices: trailers. A permit may be issued by the Building Inspector upon the application of the owner, contractor or subcontractor for permission to use transportable or wheeled offices on any premises for the exclusive use of personnel actually engaged in the construction of any structures on said premises and for the storage of tools, material and equipment, provided that a zoning and building permit for said construction has been previously issued and is still in force, and provided further that said offices shall not be used as sleeping or living quarters or for any purpose other than construction. Said permit shall expire six months from the date of issuance but upon application may be renewed for two additional six-month periods by the Building Inspector at no additional fee upon satisfactory proof that construction is still in progress. Upon application for said permit, a fee of $25 shall be paid.

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)

Grading and clearing. The erection of a structure on a lot, the clearing of less than 10 trees over nine inches in caliper, or the alteration of the existing grade on a lot in which the area of disturbance is less smaller than two acres shall be in accordance with a plan approved by the Township Engineer or his representative and shall meet the requirements set forth in Subsection D(24)(a) through (i), inclusive. The clearing of 10 trees over nine inches in caliper or more or the alteration of the existing grade on a lot in which the area of disturbance is of two acres or more shall be in accordance with a plan approved by the Planning Board and shall meet the requirements set forth in Subsection D(24)(a) through (i), inclusive. This provision shall not apply to clearing and grading necessary for the construction of one single- family house unless that construction is incidental to an application that is otherwise before the Planning Board or the Zoning Board of Adjustment. All such applications for a single-family house are to conform to the requirements of § 220- 23 concerning submission of plot plans.

[Amended 4-25-85 by Ord. No. 8-85[1]; 1-15-1987 by Ord. No. 56-86; 7-20-1989 by Ord. No. 28-89; 8-17-1989 by Ord. No. 42-89; 3-23-1995 by Ord. No. 10-95; 11-9-2000 by Ord. No. 2000-26; 3-4-2021 by Ord. No. 2021-8]

(a)

Where possible, land shall be graded so that all stormwater runoff from each lot shall drain directly to the street. If impossible to drain directly to the street, it shall be drained to a system of interior yard drainage designed in accordance with the requirements of the subdivision provisions or as otherwise required by the Township Engineer. There shall be no change in grade within five feet of a property line. Furthermore, there shall be no change in grade greater than three feet within 15 feet from the property line. When necessary, a swale shall be created in order to control surface runoff in a manner that will protect abutting lands. All grading shall be subject to inspections by the Township Engineer during, and upon completion of the construction.

(b)

No tree located on a lot having a caliper of more than nine inches measured at a height of 12 inches from the finished or existing grade level shall be removed unless such removal is approved by the Municipal Engineer and a grading and clearing permit is issued.

[1]

All trees to be saved should be clearly tagged and inspected by a landscape architect, and the clearing limit line should be delineated by a snow fence prior to the issuance of the permit for clearing and grading.

[2]

For each tree over nine inches in caliper that is removed, the applicant shall prepare a replanting scheme on other treeless portions of the property to compensate the clearing and grading of the tree area where that was necessitated by the site plan or unless otherwise provided in accordance with the requirements of an approved site plan or preliminary subdivisions.

[3]

The Municipal Engineer shall also require that if the site to be cleared does not permit the replanting of the trees that are to be cut down on the site, an off-site tract may be selected for such replanting, and a replanting plan shall be prepared by the applicant. All trees and the types of trees and the method of planting shall be in accordance with § 220-177, Shade trees, of this chapter of the Code of the Township of Marlboro.

[4]

In lieu of the replanting requirement specified in § 220-35D(24)(b)[3] above, the applicant shall pay the sum of $250 for each tree not replanted into a dedicated Township account designated "the Marlboro Township Tree Bank Account." Any funds deposited in said account shall be utilized by the Township for the express purpose of planting trees at sites and locations to be determined by the Township Engineer, upon proper authorization from the governing body.

(c)

Unless otherwise required by the Township Engineer, all tree stumps, masonry and other obstructions shall be removed to a depth of two feet below existing or finished grade, whichever is lower.

(d)

The minimum slope for lawns shall be 1.5%, and for smooth, hard-finished surfaces other than roadways, 1/2 of 1%.

(e)

The maximum grade for lawns within five feet of a building shall be 10%, and for lawns more than five feet from a building, 25%.

(f)

In the event that a permit fee has not been paid as required by § 220-126F, then a permit fee and an escrow fee shall be paid pursuant to this section in the same amounts as contained in § 220-126F(3) and the escrow schedule for grading and clearing permits.

(g)

The Township's requirements on retaining walls shall include the following:

[1]

A permit is required prior to the start of construction on any retaining wall over 30 inches tall at its highest point which was not specifically shown on an approved subdivision plan, site plan or plot plan. Each such retaining wall application shall include sealed engineering drawings, including plans, cross-sections material certifications, and design calculations. Engineering drawings and material certification must be obtained prior to the start of construction on any retaining wall (over 2 1/2 feet high at its highest point) which was not specifically shown in detail on preliminary drawings.

[2]

For all retaining walls over 2 1/2 feet, a material certification is required in any event, even in the cases where the wall was shown on the plans. The certification requirements are outlined in Subsection D(24)(h) below.

[3]

Retaining walls less than 2 1/2 feet tall (at their highest point) are considered landscaping components and require drawings and certification if located at a distance less than twice their height from a public right-of-way.

[4]

The following additional requirements shall apply for retaining wall systems consisting of a series of two or more walls:

[a]

When the total drop (measured from the top of the highest wall to the toe of the lowest wall) exceeds 2 1/2 feet, even if each individual wall is less than 2 1/2 feet, there shall be an Engineer's review of the proposed system with emphasis on safety.

[5]

An approved safety barrier shall be required in all cases where the wall is more than 2 1/2 feet tall (at the highest point), subject to the Engineer's review. Furthermore, an approved safety barrier shall be required in wall systems containing a series of two or more walls (as in § 220-35D(24)(g)[4]) as determined in the course of the Engineer's safety review. A "safety barrier" shall be defined for the purposes of this chapter as an artificial barrier, not to include landscaping, which will prevent a child from penetrating through to the other side of the barrier. Specifications for safety barriers shall be as follows:

[a]

A safety barrier shall be at least four feet high.

[b]

A safety barrier shall be constructed of approved materials in a manner that will prevent a child from penetrating it.

[c]

A safety barrier shall be located at the outer edge at the top of the wall along its entire length.

[d]

In addition, in cases where a retaining wall is located close to the edge or edges of a driveway, other barriers such as guide rails may be required, subject to the Engineer's review.

[6]

Upon completion of the construction of any retaining wall over 30 inches, the owner or developer shall be required to submit a statement from a licensed professional engineer certifying that the wall was constructed in accordance with the engineering design.

[7]

Permit fees.

[a]

The application fee will be as indicated on the "Application For Grading and Clearing Permit" form.

[b]

In addition, plan review fees and performance bonds may be required contingent upon the magnitude of the work proposed.

[c]

In addition to engineering fees, fees for retaining walls requiring Construction Department approval are subject to fees as required by the Construction Department fee schedule.

[8]

Enforcement.

[a]

Engineer.

[i]

The Township Engineer shall enforce the provisions of § 220-35D(24) et seq., including but not limited to those violations arising out of the failure of any person or entity to apply for and obtain a grading and/or clearing permit. He shall, from time to time, upon his own initiative, or whenever directed by the Township, inspect the premises for which permits have been granted to ensure compliance with the terms of the permit and of § 220-35D(24) et seq. He shall report all violations to the Township and take any action deemed necessary for proper enforcement.

[ii]

In addition to the above, any law enforcement or code enforcement officer, agent or employee of the Township shall have the right to enter any land where grading and/or clearing operations are being conducted in order to examine and inspect the land and the operations and enforce the provisions of § 220-35D(24), et seq.

[9]

Revocation of permit. After notice and an opportunity to be heard before the Township Engineer, the permit of any person may be revoked or suspended for such period as the Township Engineer may determine for any violation of the terms hereof or the terms and conditions of any permit granted hereunder. In addition to the revocation provided for herein, any person who violates this section or any director or officer of a corporation who participates in a violation of this section shall, upon conviction thereof, be subject to a maximum fine of $5,000, or imprisonment for a period not to exceed 90 days, or both. Each and every day that such violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense.

(h)

The certification requirements for materials used to construct retaining walls are as follows:

[1]

Material certification must be in the original (copies not acceptable).

[2]

Certification must be signed (in the original) by an officer of the company.

[3]

Obligation of builder.

[a]

If the builder signs and certifies, then no cover letter is necessary (notarization needed).

[b]

If (supplier, distributor, manufacturer) signs and certifies and notarization is provided, then the builder must transmit certification by cover letter (signed in the original by an officer of the builder's company), but no further notarization is needed by the builder.

[4]

All signatures on the certification document must be notarized, except the cover letter per Subsection D(24)(h)[3][b].

[5]

Certification must refer to specific material, material quantity and location of use.

[6]

Certification for timber retaining wall materials must provide length of guaranty period.

(i)

The developer, builder or owner shall take all necessary precautions to prevent siltation of streams during construction. If required as a condition of an approved site plan or preliminary plat or by the Township Engineer during construction, the developer shall provide acceptable provisions to prevent all deposition of silt or other eroded material in any stream or watercourse. Such provisions may include but are not limited to construction and maintenance of siltation basins or holding ponds throughout the course of construction.

(j)

All soil removal, fill material, and/or topsoil shall conform to all requirements of § 220-183, Soil removal/filling.

[1]

Editor's Note: This ordinance was saved from repeal by Ord. No. 14-85, which adopted this chapter.

(25)

No commercial vehicle larger than a three-fourths-ton pickup truck shall be parked out of doors overnight in a residence zone.

(26)

Beekeeping shall be permitted on any farm, subject to state law and the rules and regulations adopted pursuant to said laws. Beekeeping shall not be permitted on any property not defined as a farm in § 220-4 of this chapter or in any residential zone.

[Added 5-19-2022 by Ord. No. 2022-005]

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.

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]

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.

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.

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.

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.

The activities afforded the protections of this section in Subsections B and C must be performed in conformance with applicable federal and state law.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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]

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%.

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.

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.

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

Schedule of minimum requirements. The lot area and minimum lot width as required in the Schedule of Area, Yard and Building Requirements [1] for the R-80, R-60 and R-30 Residential Districts may be reduced in order to obtain the cluster objective defined, provided all the requirements set forth herein are met:

(1)

A cluster development must consist of at least one or more contiguous tracts of land containing not less than 25 acres.

(2)

The parcel of land must be serviced by municipal water supply and a municipal sanitary sewer system.

(3)

The permitted gross density of a cluster development shall be as set forth in the Schedule of Area, Yard and Building Requirements in § 220-34. Gross density shall be calculated by dividing the number of proposed dwellings by the acreage of the tract.

[1]

Editor's Note: Said schedule is included as an attachment to this chapter.

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.

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.

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.

Establishment of homeowners' associations. Homeowners' associations should be established as per N.J.S.A. 40:55D-43.

Standards for the establishment of open space organization shall be as provided in N.J.S.A. 40:55D-43.

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.

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.

Construction and maintenance; electrical connections.

(1)

All materials used in the construction of swimming pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operated in such manner as to be clean and sanitary at any time when any such pool shall be in use or at such times as the same shall be subject to use. Inlets of the treated water shall be so located and spaced as to secure satisfactory dispersion of the water throughout the pool and not to interfere with draining, cleaning and disinfecting of the bottom and sides. Sand or earth bottoms shall not be used.

(2)

It shall be unlawful to use any temporary electrical appliances in a portable pool or wading pool. All electrical connections shall be of waterproof type and shall bear the Underwriters' seal and shall be effectively grounded.

(3)

Lot grading plan.

[Amended 3-22-1990 by Ord. No. 15-90]

(a)

In order to prevent the adverse consequence of uncontrolled surface water flow, prior to the issuance of a construction/zoning permit for the erection or installation of a pool, a lot grading plan shall be submitted to the Municipal Engineer in accordance with the requirements of this subsection.

(b)

A lot grading plan shall be submitted to the Municipal Engineer in triplicate in sufficient detail to show the following:

[1]

The existing surface drainage pattern as it affects the subject property and all abutting land.

[2]

The location of any existing streams, watercourses, slopes, ponds, storm sewers or drainage facilities which relate to drainage of surface waters from or to the subject property.

[3]

The proposed location of the structure for which a construction permit is being sought.

[4]

The proposed elevation of the finished pool facility for the subject property.

[5]

The outer limits of all areas in which any grading, clearing or filling is proposed on the subject property.

[6]

Any proposed changes in the existing surface drainage pattern which will result from the construction proposed for the subject property, including any proposed changes on abutting lands.

[7]

When necessary, upon the Municipal Engineer's request, this lot grading plan must be prepared in a drawing form, signed and sealed by a professional engineer or land surveyor.

(c)

The Municipal Engineer's approval of a grading plan or revised plan shall be based on a determination that the plan is designed to control surface waters in a manner that will not adversely affect the subject property and abutting lands. No construction may start and no land disturbances may occur until such determination is made. Whenever the Municipal Engineer considers it necessary or appropriate, he may require that a lot grading plan include temporary measures to be taken during the performance of any construction work to prevent adverse water from running off onto abutting lands. The failure of a property owner to comply with an approved lot grading plan for said property, including temporary measures to be taken during the performance of construction work, shall constitute a use of the subject property in violation of this chapter.

(d)

Neither an occupancy/zoning permit nor a certificate of occupancy shall be issued for any property which is the subject of a lot grading plan until the Municipal Engineer has inspected the property and determined that the construction conforms with the lot grading plan.

(e)

If a certificate of occupancy is issued for a property prior to full compliance with a lot grading plan and full compliance is not effected by the date set forth in the report of the Municipal Engineer, the continued occupancy of such property after such date shall constitute a use of such property in violation of this chapter.

(f)

There shall be no change in existing grade which raises the elevation of the lot within five feet of a property line. Furthermore, there shall be no change in existing grade which raises any portion of the lot more than three feet above the existing ground level at a point 15 feet from the property line. When necessary, a swale shall be created in order to control surface waters in a manner that will protect abutting lands. For retaining walls which exceed 3.5 feet in height above the natural grade, material certifications and engineering drawings shall be required to ensure durability and stability, provided that for each six inches in height above the natural grade a retaining wall shall be set back two feet from the property line to which it is adjacent. Distances from property lines shall be measured at right angles to straight portions and radial to curved portions. Retaining walls shall be in accordance with requirements of § 220-35D(24)(g). Fill materials and topsoil shall conform to all requirements of § 220-183.

[Amended 3-4-2021 by Ord. No. 2021-8]

(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]

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 tennis or sports court shall not be erected within the front yard setback of the zone district in which it is located.

A tennis or sports court and its associated fencing shall meet the principal building setbacks along side and rear property lines.

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.

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.

No residential tennis or sports court shall be erected on any lot containing less than 60,000 square feet.

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)

(4)

(5)

There shall be no change in existing grade which raised the elevation of the lot within five feet of a property line. Furthermore, there shall be no change in existing grade which raises any portion of the lot more than three feet above the existing ground level at a point 15 feet from the property line. When necessary, a swale shall be created in order to control surface waters in a manner that will protect abutting lands. For retaining walls which exceed 3.5 feet in height above the natural grade, material certifications and engineering drawings shall be required to ensure durability and stability, provided that for each six inches in height above the natural grade a retaining wall shall be set back two feet from the property line to which it is adjacent. Distances from property lines shall be measured at right angles to straight portions and radial to curved portions. Retaining walls shall be in accordance with requirements of § 220-35D(24)(g). Fill Materials and topsoil shall conform to all requirements of § 220-183.

[Amended 3-4-2021 by Ord. No. 2021-8]

(6)

Upon installation of the tennis or sports court, and prior to final grading and final utility work, an as-built plan shall be submitted to the Engineering Department to verify the location of the court. No further inspections will be performed by any Township Department until this plan is received.

[Added 3-4-2021 by Ord. No. 2021-8[1]]

[1]

Editor's Note: This ordinance also renumbered former Subsection F(6) through (8) as Subsection F(7) through (9), respectively.

(7)

A plan review fee of $100 and an inspection fee of $150 shall be paid with the zoning application.

[Amended 2-25-2016 by Ord. No. 2016-4; 12-18-2018 by Ord. No. 2018-22]

(8)

In addition, any sidewalk curbing or pavement to Township right-of-way damaged during construction must be replaced to the satisfaction of the Municipal Engineer prior to issuance of the certificate of occupancy. Sidewalk construction shall conform to §§ 220-178 and 220-146C of this chapter. Curb construction shall conform to § 220-146 of this chapter and pavement construction shall conform to Subsection O of § 220-184 of this chapter.

(9)

In addition, ground cover (grass, sod, etc.) disturbed by the construction and/or accessory construction must be restored to the satisfaction of the Municipal Engineer prior to the issuance of the certificate of occupancy.

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:

Private recreational structures and equipment shall not be erected within the front yard setback of the zone district in which it is located.

Private recreational structures and equipment shall be set back a minimum of 10 feet from a property line.

Private recreational structures and equipment shall not be illuminated for play after dark.

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]

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.

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]

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.

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.

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.

Number of PSUs. Only one (1) PSU may be placed at any residential property at one time.

Size of PSUs. PSUs may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length.

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.

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.

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; 10-15-2009 by Ord. No. 2009-29; 6-16-2022 by Ord. No. 2022-006]

Scope and administration.

(1)

Title. These regulations, in combination with the flood provisions of the Uniform Construction Code (UCC), N.J.A.C. 5:23 (hereinafter "Uniform Construction Code"), consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13, shall be known as the "Floodplain Management Regulations of the Township of Marlboro" (hereinafter "these regulations").

(2)

Scope. These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in Subsection B of these regulations.

(3)

Purposes and objectives. The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

(a)

Protect human life and health.

(b)

Prevent unnecessary disruption of commerce, access, and public service during times of flooding.

(c)

Manage the alteration of natural floodplains, stream channels and shorelines.

(d)

Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.

(e)

Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.

(f)

Contribute to improved construction techniques in the floodplain.

(g)

Minimize damage to public and private facilities and utilities.

(h)

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.

(i)

Minimize the need for rescue and relief efforts associated with flooding.

(j)

Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.

(k)

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.

(l)

Meet the requirements of the National Flood Insurance Program for community participation set forth in 44 CFR 59.22.

(4)

Coordination with building codes. Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Township of Marlboro administer and enforce the state building codes, the Township Council of the Township of Marlboro does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Uniform Construction Code.

(5)

Ordinary building maintenance and minor work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code, including nonstructural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with Subsection C(14), Substantial improvement and substantial damage determinations.

(6)

Warning. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.

(7)

Other laws. The provisions of these regulations shall not be deemed to nullify any provisions of local, state, or federal law.

(8)

Violations and penalties for noncompliance.

(a)

No structure or land shall hereafter be constructed, relocated, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this section or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.

(b)

Each day in which a violation of this section exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the court may determine, except that the owner will be afforded the opportunity to cure or abate the condition during a thirty-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed.

(c)

Any person who is convicted of violating this section within one year of the date of a previous violation of the same section and who was fined for the previous violation shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this section, but shall be calculated separately from the fine imposed for the violation of this section.

(d)

Solid waste disposal in a flood hazard area. Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.

(9)

Abrogation and greater restrictions. These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances, including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.

Applicability.

(1)

General. These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.

(2)

Establishment of flood hazard areas.

(a)

The Township of Marlboro was accepted for participation in the National Flood Insurance Program on June 15, 1978.

(b)

The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all federal, state, and local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA special flood hazard area. Maps and studies that establish flood hazard areas are on file at the office of the Construction Official, located at 1979 Township Drive, Marlboro, NJ 07746.

(c)

The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the best available flood hazard data area:

[1]

Effective Flood Insurance Study. Special flood hazard areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Monmouth County, New Jersey (All Jurisdictions)," dated September 25, 2009, revised June 20, 2018, and June 15, 2022, and the accompanying Flood Insurance Rate Maps (FIRMs) identified in Table 220-46B(2)(a) whose effective date is September 25, 2009 are hereby adopted by reference.

Table 220-46B(2)(c)[1]
Map Panel No.	Effective Date	Revision Letter	Map Panel No.	Effective Date	Revision Letter
34025C0020	9-25-2009	F	34025C0151	9-25-2009	F
34025C0038	9-25-2009	F	34025C0152	9-25-2009	F
34025C0039	9-25-2009	F	34025C0153	9-25-2009	F
34025C0130	9-25-2009	F	34025C0154	9-25-2009	F
34025C0135	9-25-2009	F	34025C0161	9-25-2009	F
34025C0141	9-25-2009	F	34025C0163	9-25-2009	F
34025C0142	9-25-2009	F

[2]

Federal best available information. The Township of Marlboro shall utilize federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, work maps or preliminary FIS and FIRM). Additional federal best available studies issued after the date of this section must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.

Table 220-46B(2)(c)[2]
Map Panel No.	Preliminary Date	Map Panel No.	Preliminary Date
N/A	N/A

[3]

Other best available data. The Township of Marlboro shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Township of Marlboro. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in Subsection B(2)(c)[1] and Table 220-46B(2)(c)[2], above. This information shall be used for floodplain regulation purposes only.

[4]

State-regulated flood hazard areas. For state-regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "flood hazard area design flood elevation," as defined in Subsection I, and as described in the New Jersey Flood Hazard Area Control Act Rules at N.J.A.C. 7:13. An FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the special flood hazard areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.

Table 220-46B(2)(c)[4]: List of State Studied Waters
Name of Studied Water	File Name	Map Number
East Branch Willow Brook	O0000021	Sheet 20
Willow Brook	O0000022	Sheet 21
Barclay Brook	FHR171802	BC-2
Barclay Brook	FHR171803	BC-3
South Branch Tepehemus Brook	FHR171821	SBT-1
Milford Brook	FHR171805	MD-2
Milford Brook	FHR171806	MD-3
Pine Brook	FHR171820	P-3
Tepehemus Brook	FHR171823	T-2
Milford Brook	FHR171807	MD-4
Yellow Brook	O0000003	Sheet 1
Willow Brook, Hop Brook	O0000019	Sheet 18
S Branch Tepehemus Brook	V0000028	Sheet 4
Yellow Brook, Trib Yellow Brook	V0000031	Sheet 7
Gravely Run	V0000086	Sheet 8
Willow Brook	O0000080p	05p
Willow Brook	O0000081p	06p
Willow Brook East Branch	O0000082p	05p
Tepehemus Brook South Branch	V0000041p	Sheet 17

(3)

Establishing the local design flood elevation (LDFE).

(a)

The local design flood elevation (LDFE) is established in the flood hazard areas determined in Subsection B(2), above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum statewide elevation requirements for lowest floors in A, Coastal A, and V Zones, ASCE 24 requirements for critical facilities as specified by the Building Code, plus additional freeboard as specified by this section.

(b)

At a minimum, the local design flood elevation shall be as follows:

[1]

For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in Subsection B(2), above plus one foot, or as described by N.J.A.C. 7:13, of freeboard; or

[2]

For any undelineated watercourse (where mapping or studies described in Subsection B(2)(c)[1] and [2] above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the local design flood elevation:

[a]

A copy of an unexpired NJDEP flood hazard area verification plus one foot of freeboard and any additional freeboard as required by ASCE 24; or

[b]

A determination of the flood hazard area design flood elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to Subsection E(2)(a)[3].

[3]

AO Zones. For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the local design flood elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus one foot of freeboard. If no depth number is specified, the local design flood elevation is three feet above the highest adjacent grade.

[4]

Class IV critical facilities. For any proposed development of new and substantially improved flood design Class IV critical facilities, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional two feet of freeboard in accordance with ASCE 24.

[5]

Class III critical facilities. For proposed development of new and substantially improved flood design Class III critical facilities in coastal high hazard areas, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional one foot of freeboard in accordance with ASCE 24.

Duties and powers of Floodplain Administrator.

(1)

Floodplain Administrator designation. The Construction Official is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.

(2)

General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the Building Code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Subsection G of these regulations.

(3)

Coordination. The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.

(4)

Duties. The duties of the Floodplain Administrator shall include but are not limited to:

(a)

Review all permit applications to determine whether proposed development is located in flood hazard areas established in Subsection B of these regulations.

(b)

Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.

(c)

Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.

(d)

Determine whether additional flood hazard data shall be obtained or developed.

(e)

Review required certifications and documentation specified by these regulations and the Building Code to determine that such certifications and documentation are complete.

(f)

Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Subsection C(14) of these regulations.

(g)

Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.

(h)

Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood-resistant construction requirements of the Uniform Construction Code to determine whether such requests require consideration as a variance pursuant to Subsection G of these regulations.

(i)

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.

(j)

Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).

(k)

Inspect development in accordance with Subsection F of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.

(l)

Prepare comments and recommendations for consideration when applicants seek variances in accordance with Subsection G of these regulations.

(m)

Cite violations in accordance with Subsection H of these regulations.

(n)

Notify the Federal Emergency Management Agency when the corporate boundaries of the Township of Marlboro have been modified.

(o)

Permit ordinary maintenance and minor work in the regulated areas discussed in Subsection B(2).

(5)

Use of changed technical data. The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the state pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.

(6)

Other permits. It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by federal or state agencies having jurisdiction over such development, including Section 404 of the Clean Water Act.[1] In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.

[1]

Editor's Note: See 33 U.S.C. § 1344.

(7)

Determination of local design flood elevations.

(a)

If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:

[1]

Obtain, review, and reasonably utilize data available from a federal, state, or other source; or

[2]

Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.

(b)

It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed best available flood hazard data area and the local design flood elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in Subsection B(2) and (3), respectively. This information shall be provided to the Construction Official and documented according to Subsection C(15).

(8)

Requirement to submit new technical data. Base flood elevations may increase or decrease resulting from natural changes (e.g., erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g., dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with 44 CFR 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

(9)

Activities in riverine flood hazard areas. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 foot at any point within the community.

(10)

Floodway encroachment. Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land-disturbing activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.

(a)

Floodway revisions. A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.

(11)

Watercourse alteration. Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.

(a)

Engineering analysis. The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.

(12)

Alterations in coastal areas. The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) Rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.

(13)

Development in riparian zones All development in riparian zones as described in N.J.A.C. 7:13 is prohibited by this section unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other floodplain development provisions of this section. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the water body and designated in the New Jersey Surface Water Quality Standards, N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top-of-bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine state permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.

(14)

Substantial improvement and substantial damage determinations. When buildings and structures are damaged due to any cause, including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:

(a)

Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

(b)

Determine and include the costs of all ordinary maintenance and minor work, as discussed in Subsection B(2), performed in the floodplain regulated by this section in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.

(c)

Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.

(d)

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

(e)

Notify the applicant in writing when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood-resistant construction requirements of the Building Code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood-resistant construction requirements of the Building Code to the NJDEP Bureau of Flood Engineering.

(15)

Department records. In addition to the requirements of the Building Code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations, including as-built elevation certificates; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the flood-carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood-resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the local design flood elevation in the floodplain development permit.

(16)

Liability. The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.

Permits.

(1)

Permits required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

(2)

Application for permit. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:

(a)

Identify and describe the development to be covered by the permit.

(b)

Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.

(c)

Indicate the use and occupancy for which the proposed development is intended.

(d)

Be accompanied by a site plan and construction documents as specified in Subsection E of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.

(e)

State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.

(f)

Be signed by the applicant or the applicant's authorized agent.

(3)

Validity of permit. The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this section or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.

(4)

Expiration. A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.

(5)

Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.

Site plans and construction documents.

(1)

Information for development in flood hazard areas.

(a)

The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:

[1]

Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.

[2]

Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Subsection E(2).

[3]

Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Subsection E(2)(a)[3] of these regulations.

[4]

Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A zones, new buildings shall be located landward of the reach of mean high tide.

[5]

Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

[6]

Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.

[7]

Extent of any proposed alteration of sand dunes.

[8]

Existing and proposed alignment of any proposed alteration of a watercourse.

[9]

Floodproofing certifications, V Zone and breakaway wall certifications, operations and maintenance plans, warning and evacuation plans and other documentation required pursuant to FEMA publications.

(b)

The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.

(2)

Information in flood hazard areas without base flood elevations (approximate Zone A).

(a)

Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:

[1]

Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.

[2]

Obtain, review, and reasonably utilize data available from a federal, state or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.

[3]

Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.

(b)

Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a letter of map change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.

(3)

Analyses and certifications by a Licensed Professional Engineer. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:

(a)

For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Subsection E(4) of these regulations and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.

(b)

For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than 0.2 foot at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.

(c)

For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Subsection E(4) of these regulations. The applicant shall notify the Chief Executive Officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.

(d)

For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.

(e)

For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (Approximate A Zones).

(4)

Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

Inspections.

(1)

General. Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the Building Code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the Building Code or other ordinances shall not be valid.

(2)

Inspections of development. The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.

(3)

Buildings and structures. The Construction Official shall make, or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.

(a)

Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Subsection O(2) shall be submitted to the Construction Official on an elevation certificate.

(b)

Lowest horizontal structural member. In V Zones and Coastal A Zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Subsection O(2) shall be submitted to the Construction Official on an elevation certificate.

(c)

Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in Subsection O(2).

(d)

Final inspection. Prior to the final inspection, certification of the elevation required in Subsection O(2) shall be submitted to the Construction Official on an elevation certificate.

(4)

Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an elevation certificate to the Floodplain Administrator prior to the final inspection.

Variances.

(1)

General. The Planning Board shall hear and decide requests for variances. The Planning Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Subsection G(5), the conditions of issuance set forth in Subsection G(6), and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Planning Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.

(2)

Historic structures. A variance to the substantial improvement requirements of this section is authorized, provided that the repair or rehabilitation of an historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and Section R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as an historic structure, the structure meets the definition of "historic structure" as described by this section, and the variance is the minimum necessary to preserve the historic character and design of the structure.

(3)

Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.

(4)

Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in Subsection E(3)(a) of these regulations.

(5)

Considerations. In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:

(a)

The danger that materials and debris may be swept onto other lands, resulting in further injury or damage.

(b)

The danger to life and property due to flooding or erosion damage.

(c)

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.

(d)

The importance of the services provided by the proposed development to the community.

(e)

The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.

(f)

The compatibility of the proposed development with existing and anticipated development.

(g)

The relationship of the proposed development to the Comprehensive Plan and Floodplain Management Program for that area.

(h)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

(i)

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.

(j)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.

(6)

Conditions for issuance. Variances shall only be issued upon:

(a)

Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or render the elevation standards of the Building Code inappropriate.

(b)

A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.

(c)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

(d)

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(e)

Notification to the applicant in writing over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.

Violations.

(1)

Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the Building Code is presumed to be a violation until such time as that documentation is provided.

(2)

Authority. The Floodplain Administrator is authorized to serve notices of violation or stop-work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by these regulations and that is determined to be a violation.

(3)

Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop-work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.

(4)

Review period to correct violations. A thirty-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

Definitions.

(1)

General. The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Other terms are defined in the Uniform Construction Code, N.J.A.C. 5:23, and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.

(2)

Definitions. As used in this section, the following terms shall have the meanings indicated:

100-YEAR FLOOD ELEVATION

Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year, which is also referred to as the "base flood elevation."

500-YEAR FLOOD ELEVATION

Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.

A ZONES

Areas of special flood hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the base flood elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) Zones A, AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in reference to the development of a structure in this section, A Zones are not inclusive of Coastal A Zones because of the higher Building Code requirements for Coastal A Zones.

ACCESSORY STRUCTURE

Accessory structures are also referred to as "appurtenant structures." An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.

AGRICULTURAL STRUCTURE

A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the base flood elevation (BFE) as any other nonresidential building. Under some circumstances it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).

AH ZONES

Areas subject to inundation by 1%-annual-chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.

ALTERATION OF A WATERCOURSE

A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

AO ZONES

Areas subject to inundation by 1%-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.

AREA OF SHALLOW FLOODING

A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD

See "special flood hazard area."

ASCE 24

The standard for Flood Resistant Design and Construction, referenced by the Building Code and developed and published by the American Society of Civil Engineers, Reston, VA. References to "ASCE 24" shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code (N.J.A.C. 5:23).

ASCE 7

The standard for the Minimum Design Loads for Buildings and Other Structures, referenced by the Building Code and developed and published by the American Society of Civil Engineers, Reston, VA, which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads, including those from natural hazards. Flood-related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.

BASE FLOOD ELEVATION (BFE)

The water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation."

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BEST AVAILABLE FLOOD HAZARD DATA

The most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on, but not limited to, Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA AREA

The aerial mapped extent associated with the most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on, but not limited to, Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA ELEVATION

The most recent available preliminary flood elevation guidance FEMA has provided. The best available flood hazard data may be depicted on, but not limited to, Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM.

BREAKAWAY WALLS

Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the local design flood elevation, it will collapse under specific lateral loads such that 1) it allows the free passage of floodwaters, and 2) it does not damage the structure or supporting foundation system. Certification in the V Zone certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.

BUILDING

Per the FHACA, "building" means a structure enclosed with exterior walls or firewalls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.

CONDITIONAL LETTER OF MAP REVISION

A conditional letter of map revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map; it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the letter of map change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CONDITIONAL LETTER OF MAP REVISION - FILL

A conditional letter of map revision - fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map; it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the letter of map change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CRITICAL BUILDING

Per the FHACA, "critical building" means that:

(a)

It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or

(b)

It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day-care center, assisted living facility, or nursing home.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.

DRY FLOODPROOFING

A combination of measures that results in a nonresidential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.

ELEVATED BUILDING

A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.

ELEVATION CERTIFICATE

An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).

ENCROACHMENT

The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

FEMA PUBLICATIONS

Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents, including ASCE 24.

FLOOD HAZARD AREA DESIGN FLOOD ELEVATION

Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the state, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A Zone to a V Zone or Coastal A Zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1 through 3.6 and is typically higher than FEMA's base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

FLOOD or FLOODING

(a)

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.

[3]

Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Subsection (a)[2] of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(b)

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (a)[1] of this definition.

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.

FLOODPLAIN or FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source. See "flood or flooding."

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

FLOODPROOFING CERTIFICATE

Certification by a licensed design professional that the design and methods of construction for floodproofing a nonresidential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the local design flood elevation. A completed floodproofing certificate is required at permit application.

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.

FREEBOARD

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE

A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.

HABITABLE BUILDING

Pursuant to the FHACA Rules (N.J.A.C. 7:13), a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multiresidence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a nonhabitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.

HARDSHIP

As related to Subsection G of this section, the exceptional hardship that would result from a failure to grant the requested variance. The Township Planning or Zoning Board requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

(a)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c)

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

(d)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

[1]

By an approved state program as determined by the Secretary of the Interior; or

[2]

Directly by the Secretary of the Interior in states without approved programs.

LAWFULLY EXISTING

Per the FHACA, an existing fill, structure and/or use which meets all federal, state, and local laws, and which is not in violation of the FHACA because it was established:

(a)

Prior to January 31, 1980; or

(b)

On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.

Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in this section to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA.

LETTER OF MAP AMENDMENT

A letter of map amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the letter of map change (LOMC) process. A LOMA establishes a property's location in relation to the special flood hazard area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.

LETTER OF MAP CHANGE

The letter of map change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an area of special flood hazard on a Flood Insurance Rate Map (FIRM). Conditional letters of map revision, conditional letters of map revision - fill, letters of map revision, letters of map revision - fill, and letters of map amendment are requested through the letter of map change (LOMC) process.

LETTER OF MAP REVISION

A letter of map revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letters of map revision are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.

LETTER OF MAP REVISION - FILL

A letter of map revision based on fill (LOMR-F), is FEMA's modification of the special flood hazard area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway and may be initiated through the letter of map change (LOMC) process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM), it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.

LICENSED DESIGN PROFESSIONAL

Shall refer to either a New Jersey licensed professional engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors or a New Jersey licensed architect, licensed by the New Jersey State Board of Architects.

LICENSED PROFESSIONAL ENGINEER

Shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.

LOCAL DESIGN FLOOD ELEVATION (LDFE)

The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform Construction Codes and any additional freeboard specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified flood hazard area design flood elevation or a valid NJDEP flood hazard area verification letter plus the freeboard as required in ASCE 24 and the effective FEMA base flood elevation.

LOWEST ADJACENT GRADE

The lowest point of ground, patio, or sidewalk slab immediately next to a structure, except in AO Zones where it is the natural grade elevation.

LOWEST FLOOR

In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and Coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements of these regulations.

MANUFACTURED HOME

A structure that is transportable in one or more sections, eight feet or more in width and greater than 400 square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MARKET VALUE

The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods: 1) actual cash value (replacement cost depreciated for age and quality of construction), 2) tax assessment value adjusted to approximate market value by a factor provided by the property appraiser, or 3) established by a qualified independent appraiser.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.

NONRESIDENTIAL

Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.

ORDINARY MAINTENANCE AND MINOR WORK

This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018, New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air-conditioning equipment, exhaust fans, built-in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of state or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.

RECREATIONAL VEHICLE

A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.

RESIDENTIAL

Pursuant to the ASCE 24:

(a)

Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or nontransient basis;

(b)

Structures including but not limited to one- and two-family dwellings, townhouses, condominiums, multi-family dwellings, apartments, congregate residences, boarding houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and

(c)

Institutional facilities where people are cared for or live on a twenty-four-hour basis in a supervised environment, including but not limited to board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.

SOLID WASTE DISPOSAL

The storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than six months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

SPECIAL FLOOD HAZARD AREA

The greater of the following: 1) land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-30, AE, A99, or AH; 2) Land, and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13; 3) riparian buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the "area of special flood hazard."

START OF CONSTRUCTION

(a)

The start of construction is as follows:

[1]

For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA),[2] this is the date the building permit was issued, provided that the actual start of construction, repair, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

[2]

For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and base flood elevations (BFEs) increase or zones change, the start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.

(b)

Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and base flood elevations (BFEs) increase or zones change.

(c)

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.

(d)

For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.

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 reconstruction, rehabilitation, addition, or other improvement of a structure taking place, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

(a)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

(b)

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

THIRTY-DAY PERIOD

The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal violations after a notice of violation pertaining to this section has been issued.

UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES

Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.

VARIANCE

A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.

VIOLATION

A development that is not fully compliant with these regulations or the flood provisions of the Building Code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this section is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION

The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

WATERCOURSE

A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.

WET FLOODPROOFING

Floodproofing method that relies on the use of flood-damage-resistant materials and construction techniques in areas of a structure that are below the local design flood elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and nonresidential structures and to accessory and agricultural structures that have been issued variances by the community.

[2]

Editor's Note: See 16 U.S.C. § 3501 et seq.

Subdivisions and other developments.

(1)

General. Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area, shall be reviewed to assure that:

(a)

All such proposals are consistent with the need to minimize flood damage.

(b)

All public utilities and facilities, such as sewer, gas, electric and water systems, are located and constructed to minimize or eliminate flood damage.

(c)

Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.

(2)

Subdivision requirements. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

(a)

The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.

(b)

Residential building lots shall be provided with adequate buildable area outside the floodway.

(c)

The design criteria for utilities and facilities set forth in these regulations and appropriate codes shall be met.

Site improvement.

(1)

Encroachment in floodways. Development, land-disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with Subsection E(3)(a) of these regulations that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If Subsection E(3)(a) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Subsection O(2) of this section and the floodway requirements of N.J.A.C. 7:13.

(2)

Prohibited in floodways. The following are prohibited activities:

(a)

The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C. 7:13.

(b)

Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.

(3)

Sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 7:14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into floodwaters, or impairment of the facilities and systems.

(4)

Water facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.

(5)

Storm drainage. Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.

(6)

Streets and sidewalks. Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.

(7)

Limitations on placement of fill. Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding, including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.

(8)

Hazardous materials. The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste are met.

Manufactured homes.

(1)

General. All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR Part 3280).

(2)

Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in Subsection O(2).

(3)

Foundations. All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on permanent, reinforced foundations that are designed in accordance with Section R322 of the Residential Code.

(4)

Anchoring. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(5)

Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Subsection O(2).

(6)

Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Subsection O(2) of these regulations.

Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Subsection O(2), the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation, provided they conform to the provisions of NFPA 70 (National Electric Code).

Recreational vehicles.

(1)

Placement prohibited. The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.

(2)

Temporary placement. Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.

(3)

Permanent placement. Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of Subsection O(2) for habitable buildings.

Tanks.

(1)

Tanks. Underground and aboveground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.

Other development and building work.

(1)

General requirements for other development and building work. All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:

(a)

Be located and constructed to minimize flood damage;

(b)

Meet the limitations of Subsection E(3)(a) of this section when located in a regulated floodway;

(c)

Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the local design flood elevation determined according to Subsection B(3);

(d)

Be constructed of flood-damage-resistant materials as described in ASCE 24, Chapter 5;

(e)

Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to Subsection B(3) or meet the requirements of ASCE 24, Chapter 7, which requires that attendant utilities are located above the local design flood elevation unless the attendant utilities and equipment are:

[1]

Specifically allowed below the local design flood elevation; and

[2]

Designed, constructed, and installed to prevent floodwaters, including any backflow through the system, from entering or accumulating within the components.

(f)

Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and

(g)

Not exceed the impacts to frequency or depth of off-site flooding as required by N.J.A.C. 7:13 in floodways.

(2)

Requirements for habitable buildings and structures.

(a)

Construction and elevation in A Zones, not including Coastal A Zones.

[1]

No portion of a building is located within a V Zone.

[2]

No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.

[3]

All new construction and substantial improvement of any habitable building (as defined in Subsection I) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in Subsection B(3), be in conformance with ASCE 24, Chapter 7, and be confirmed by an elevation certificate.

[4]

All new construction and substantial improvements of nonresidential structures shall:

[a]

Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in Subsection B(3), be in conformance with ASCE 24, Chapter 7, and be confirmed by an elevation certificate; or

[b]

Together with the attendant utility and sanitary facilities, be designed so that below the local design flood elevation, the structure:

[i]

Meets the requirements of ASCE 24, Chapters 2 and 7; and

[ii]

Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a floodproofing certificate, and is confirmed by an elevation certificate.

[5]

All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:

[a]

For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawl spaces and basements) which are below grade on all sides are prohibited;

[b]

Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is nonresidential and the requirements of Subsection O(2)(a)[4][b] are met;

[c]

Be constructed to meet the requirements of ASCE 24, Chapter 2;

[d]

Have openings documented on an elevation certificate; and

[e]

Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including preconstruction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:

[i]

The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience;

[ii]

The depth of flooding that the enclosure would experience to the flood hazard area design flood elevation;

[iii]

The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement.

(3)

Garages and accessory storage structures. Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.

(4)

Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Subsection E(3)(a) of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain-link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Subsection G of this section.

(5)

Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Subsection E(3)(a) of these regulations and N.J.A.C. 7:13.

(6)

Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Subsection E(3)(a) of these regulations. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.

(7)

Roads and watercourse crossings.

(a)

For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the flood hazard area design elevation in accordance with N.J.A.C. 7:13.

(b)

Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of Subsection E(3)(a) of these regulations.

Temporary structures and temporary storage.

(1)

Temporary structures. Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of floodwaters.

(2)

Temporary storage. Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.

(3)

Floodway encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of Subsection E(3)(a) of these regulations.

Utility and Miscellaneous Group U.

(1)

In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 square feet), fences more than six feet (1,829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.

(2)

Flood loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in Subsection B(3).

(3)

Elevation. Utility and Miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in Subsection B(3) and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.

(4)

Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with Subsection O(2) and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawl space having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.

(5)

Flood-damage-resistant materials. Flood-damage-resistant materials shall be used below the local design flood elevation determined in Subsection B(3).

(6)

Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the local design flood elevation determined in Subsection B(3).

Exception: Electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the local design flood elevation, provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the local design flood elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the local design flood elevation, provided they conform to the provisions of NFPA 70 (National Electrical Code).

§ 220-47 LC Land Conservation District.

The following regulations shall apply in the LC Land Conservation District:

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.

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.

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.

Uses requiring a conditional use permit, subject to the provisions of Article IV of this chapter.

(1)

Public utilities.

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.

Signs are subject to the provisions of § 220-99 of this chapter.

Off-street parking is subject to the provisions of § 220-97 of this chapter.

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:

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.

Permitted accessory uses.

(1)

All accessory uses permitted in the LC Land Conservation District under § 220-47B.

The area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.

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]

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.

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.

Signs are permitted as per § 220-99 of this chapter.

Parking is permitted as per § 220-97 of this chapter.

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.

Permitted uses.

(1)

All uses permitted in the R-80 Residential Zone under § 220-48A.

Permitted accessory uses.

(1)

All accessory uses permitted in the LC Land Conservation District under § 220-47B.

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]

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.

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.

Signs are permitted as per § 220-99 of this chapter.

Parking is permitted as per § 220-97 of this chapter.

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:

Permitted uses.

(1)

All uses permitted in the R-80 Residential Zone under § 220-48A.

Permitted accessory uses.

(1)

All accessory uses permitted in the R-60 Residential District under § 220-49B.

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.

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.

Signs are permitted as per § 220-99 of this chapter.

Parking is permitted as per § 220-97 of this chapter.

Fences are permitted as per § 220-95 of this chapter.

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:

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)

(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]

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.

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.

Signs are subject to the provisions of § 220-99 of this chapter.

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:

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.

The minimum lot requirements shall be:

(1)

The minimum lot size shall be 40,000 square feet.

(2)

Minimum lot dimension requirements shall be those of the R-60/40 Residential District as set forth in § 220-34D, Table II, of this chapter.[1] Maximum percentage of lot coverage shall be 20%.

[Amended 9-6-2012 by Ord. No. 2012-22]

[1]

Editor's Note: Table II, the Schedule of Area, Yard and Building Requirements: Cluster Provisions, is included as an attachment to this chapter.

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.

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.

Signs are permitted as per § 220-99 of this chapter.

Parking is permitted as per § 220-97 of this chapter.

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:

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.

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.

The minimum lot requirements shall be:

(1)

The minimum lot size shall be 40,000 square feet.

(2)

Minimum lot dimension requirements shall be those of the R-60/30 Residential District as contained in § 220-34D, Table II, of this chapter, except that the minimum lot frontage may be reduced to 100 feet where warranted.[1] Maximum percentage of lot coverage shall be 20%.

[Amended 9-6-2012 by Ord. No. 2012-22]

[1]

Editor's Note: Table II, the Schedule of Area, Yard and Building Requirements: Cluster Provisions, is included as an attachment to this chapter.

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.

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.

Signs are permitted as per § 220-99 of this chapter.

Parking is permitted as per § 220-97 of this chapter.

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]

Permitted uses.

(1)

All uses permitted in the R-80 Residential Zone under § 220-48A.

Permitted accessory uses.

(1)

All accessory uses permitted in the R-60 Residential District under § 220-49B.

The area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.

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.

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.

Signs are permitted as per § 220-99 of this chapter.

Parking is permitted as per § 220-97 of this chapter.

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 as an attachment to 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:

Permitted uses.

(1)

All uses permitted in the R-80 Residential Zone under § 220-48A.

Permitted accessory uses.

(1)

All accessory uses permitted in the R-60 Residential District under § 220-49B.

The area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.

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.

Signs are permitted as per § 220-99 of this chapter.

Parking is permitted as per § 220-97 of this chapter.

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:

Permitted uses.

(1)

All uses permitted in the R-80 Residential Zone under § 220-48A.

Permitted accessory uses.

(1)

All accessory uses permitted in the R-60 Residential Zone under § 220-49B.

The area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.

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.

Signs are permitted as per § 220-99 of this chapter.

Parking is permitted as per § 220-97 of this chapter.

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:

Permitted uses.

(1)

All uses permitted in the R-80 Residential Zone under § 220-48A.

Permitted accessory uses.

(1)

All accessory uses permitted in the R-60 Residential District under § 220-49B.

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.

Signs are permitted as per § 220-99 of this chapter.

Parking is permitted as per § 220-97 of this chapter.

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:

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.

Permitted accessory uses.

(1)

All accessory uses permitted in the LC Land Conservation District under § 220-47B.

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.

Signs are subject to the provisions of § 220-99 of this chapter.

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:

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.

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.

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.

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.

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.

Signs are permitted as per § 220-99 of this chapter.

Parking is permitted as per § 220-97 of this chapter.

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:

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.

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.

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.

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.

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.

Signs are permitted as per § 220-99 of this chapter.

Parking is permitted as per § 220-97 of this chapter.

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:

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.

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.

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.

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.

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.

Signs are permitted as per § 220-99 of this chapter.

Parking is permitted as per § 220-97 of this chapter.

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:

Permitted uses.

(1)

All uses permitted in the R-80 Residential Zone under § 220-48A.

Permitted accessory uses.

(1)

All accessory uses permitted in the R-80 Residential District under § 220-48B.

Minimum land area: 40 contiguous acres.

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.

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.

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.

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:

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.

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:

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.

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.

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.

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:

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.

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.

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]

(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.

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:

Permitted uses.

(1)

Townhouses as defined under § 220-4B.

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.

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:

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.

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).

Minimum land area. No mobile home park shall be developed on a site of less than 20 contiguous acres.

Minimum lot area: 4,000 square feet.

Maximum density: eight mobile home units per acre.

Minimum front yard setback: 10 feet.

Minimum side yard setback: 15 feet.

Minimum setback from major streets, roadways and district property lines: 60 feet.

Minimum rear yard setback: 10 feet.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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]

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.

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.

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."

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.

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

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]

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]

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:

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)

(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)

(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.

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.

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]

(i)

(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]

[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]

(i)

(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.

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.

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:

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.

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.

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]

(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.

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.

Permitted accessory uses. All those uses contained in § 220-69C of this chapter shall apply in the MFD-II Zone.

[1]

§ 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:

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.

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.

Permitted uses. Permitted uses shall be as follows:

(1)

Attached townhouse residential units.

(2)

Multifamily residential tenanted buildings.

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.

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.

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.

Affordable housing provisions. There shall be an obligation to contribute $176,000 to the Township's Affordable Housing Trust Fund,

Permitted principal uses.

(1)

Attached single-family duplex units.

(2)

Townhouses.

(3)

Multiple-family condominium dwellings.

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.

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]

(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]

(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)

(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]

(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.

Permitted principal uses.

(1)

Attached single-family duplex units.

(2)

Townhouses.

(3)

Multiple-family condominium dwellings.

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.

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]

(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)

(e)

(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]

(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)

(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]

(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]

§ 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.

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).

Permitted principal uses.

(1)

Townhouses/patio homes.

(2)

Multiple-family condominium dwellings for affordable units only.

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.

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]

(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)

(e)

[Amended 3-5-2007 by Ord. No. 2007-4[3]]

[3]

(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)

[1]

§ 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:

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.

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)

(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)

(10)

(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)

(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)

(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.

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.

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.

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.

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.

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.

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.

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.

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.

Permitted accessory uses. Necessary accessory buildings and uses shall be permitted, including facilities for maintenance, administration, streets and off-street parking facilities and utilities.

Minimum land area: 75 contiguous acres.

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.

Minimum lot area: 5,000 square feet.

Maximum building height: 35 feet.

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]

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.

Minimum floor space per dwelling unit: 1,100 square feet.

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.

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.

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.

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.

Improvements. All improvements shall be subject to the standards of the subdivision regulations of this chapter.

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.

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.

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.

Required land use development staging. The applicant shall comply with the requirements of § 220-66C.

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]]

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.

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.

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.

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.

Minimum tract area shall be 10 acres.

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]

(o)

Location of trees. The number, location, species and diameter of all existing trees having a diameter of nine inches or more at a height of 12 inches from the base of planting within the street rights-of-way or area of lot clearance shall be estimated using a methodology approved by the Planning Board environmental consultant.

[Added 11-3-1994 by Ord. No. 28-94]

(2)

For single-family detached dwellings and single-family detached dwellings with zero lot lines, requirements shall be as follows:

(a)

Lot, bulk and setback requirements.

[1]

Lot area: a minimum of 4,000 square feet.

[2]

Lot width: a minimum of 30 feet at front setback.

[3]

Lot depth: a minimum of 90 feet.

[4]

Front yard setback: a minimum of 20 feet.

[5]

Side yard setback: a minimum of zero feet for one side for zero lot line dwellings; a total of 10 feet for both sides; 10 feet for other single-family detached dwellings.

[6]

Rear yard setback: a minimum of 20 feet.

[7]

Lot coverage: a maximum of 45% for building, excluding driveways, sidewalks, service walks, patios and decks.

[8]

Building height: a maximum of 2 1/2 stories but not to exceed 35 feet.

(b)

Design standards.

[1]

Minimum center-line radius of roads: 125 feet.

[2]

Parking.

[a]

Without garage: 2 1/2 spaces per dwelling unit.

[b]

With one-car garage: one additional space per dwelling unit in driveway and 1/2 space per unit on the street.

[c]

With two-car garage: no additional parking required.

(c)

Buffers: The provisions of § 220-77F(1)(a) shall apply.

(d)

Roadways.

[Added 10-13-1994 by Ord. No. 27-94]

[1]

Thirty-foot width shall be required where parallel parking is forbidden.

[2]

Thirty-six-foot width shall be required for public or private roads where on-street parallel parking is allowed.

[3]

Design shall assume a thirty-five-miles-per-hour design speed for minor collector streets and 25 miles per hour for local streets.

[4]

Sight triangles shall be 90 feet by 90 feet for interior local roads, except where a stop sign is warranted and provided, in which case a sixty-foot-by-sixty-foot sight triangle will be permitted.

(e)

Dead-end streets. Dead-end streets shall be permitted as follows:

[Added 10-13-1994 by Ord. No. 27-94]

[1]

A reasonable turnaround area shall be provided to accommodate emergency vehicles in the form of a cul-de-sac, hammerhead turnaround or other generally recognized roadway design.

[2]

(f)

Location of trees. The number, location, species and diameter of all existing trees having a diameter of nine inches or more at a height of 12 inches from the base of planting within the street right-of-way or area of lot clearance shall be estimated using a methodology approved by the Planning Board environmentalist.

[Added 11-3-1994 by Ord. No. 28-94]

(g)

Accessory structure setbacks.

[Added 10-23-1997 by Ord. No. 24-97]

[1]

Side yard setback: a minimum of zero feet from the same (shared) side lot line where zero lot line dwellings are setback zero feet, otherwise 10 feet for zero lot line dwelling lots and other single-family detached dwelling lots.

[2]

Rear yard setback: a minimum of five feet.

(3)

Affirmative devices and Mount Laurel phasing requirements.

(a)

Development of Block 412, Lots 164, 165 and 166, and Block 413, Lot 24, shall include 79 low- and moderate-income housing units as defined by the New Jersey Council on Affordable Housing (COAH) with 29% of the units to be affordable to low-income families and 71% to be affordable to moderate-income families. Affirmative devices shall be required and deed restrictions shall be implied in accordance with COAH rules in effect at the time of final approval.

(b)

The additional 63 low- and moderate-income units required on this site by the consent order for final judgment, dated December 24, 1985, in Kaplan, et al. vs. Marlboro Township, Superior Court of New Jersey, Law Division, Docket No. L-039596-84 and incorporated by reference in § 220-34E, may be transferred pursuant to a regional contribution agreement as permitted by the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.

(c)

Phasing requirements for low- and moderate-income dwellings shall be as set forth in Paragraph 6 of the Consent Order Modifying Final Judgment, dated June 5, 1990, in Kaplan, et al. vs. Marlboro Township, Superior Court of New Jersey, Law Division, Docket No. L-039596-84.

(4)

Since the development of this zone represents a scaling down of development otherwise required by the court order dated December 24, 1985, as amended on June 5, 1990, and since such development is required by these court orders to be free of cost-generative devices, no requirement for a contribution for detention of stormwater, as set forth in § 220-18C(5) and (6) and Schedule C,[2] or any other contribution for infrastructure improvements contained in any ordinance adopted after December 24, 1985, the date of the initial Mount Laurel II judgment incorporated in § 220-34E, shall apply to any development in the PAC-II Zone.[3]

[2]

Editor's Note: See Schedule C, Stormwater Improvement Fees, included as an attachment to this chapter.

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[1]

Editor's Note: This ordinance also provided that it shall become effective upon approval by the Superior Court of New Jersey, Law Division.

§ 220-78 SCPR Stream Corridor Preservation Residential District.

[Added 9-9-1993 by Ord. No. 44-93]

The following regulations shall apply in the SCPR District:

Permitted uses.

(1)

Single-family dwellings in a cluster development as defined in Subsection A(4) of this section, provided that public water supply and a sanitary sewerage collection system is provided and connected to an existing regional wastewater treatment plant and the affordable housing criteria described in Subsection A(6) are complied with.

(2)

(3)

Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.

(4)

Cluster development shall be in accordance with the following standards and the cluster provisions of § 220-41, where such provisions are consistent with this section:

(a)

The minimum size of a tract or parcel of land proposed for development under the cluster development provisions of this section shall be 25 acres.

(b)

The maximum number of residential building lots for each cluster development shall be computed on the basis of 0.8 lot per gross acre (0.8 x gross acres = number of permitted lots). If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number.

(c)

Land area equal to a minimum of 40% of the gross area of the proposed development shall not be included in lots but shall be either offered to the Township of Marlboro for greenways or open space as part of the municipal zone and to be used in furtherance of the best interests of the Township, which may include outdoor recreation facilities; or be set aside as common property and maintained by a homeowners' association. Land utilized for street rights-of-way shall not be included as part of the above 40%.

(d)

At least 10% or a minimum of 10 acres of the land area set aside as open space or common property shall be suitable for development for active recreation purposes. At least five acres of these lands shall not be linear and shall be contained in a contiguous parcel with minimum dimensions of 400 feet by 400 feet.

(e)

Greenways shall be provided so that no residential lot line lies within 100 feet of the top of the bank of a stream or other body of water or within 100 feet of a freshwater wetland boundary line as approved by the New Jersey Department of Environmental Protection and Energy (NJDEPE) in accordance with the provisions of the New Jersey Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7Aj. Wherever possible, such greenways shall be increased to 150 feet in width. Greenway averaging may be utilized when necessary to accommodate irregularities in wetland boundaries so long as the total area in square feet within the greenway is not reduced. The minimum greenway width used in a greenway averaging plan shall be 50 feet. All greenway averaging plans shall be subject to Planning Board review and approval. The area contained within the above greenway buffers shall be considered to be part of the 40% of the land area preserved. In no case, however, shall there be a greenway less than 100 feet in width between a residential lot line and the top of a perennial stream bank.

(f)

Bermed and landscaped buffers 100 feet in width shall be provided between any residential lot line and any tract boundary with an industrial or commercial zone district or railroad right-of-way.

(g)

The minimum lot requirements for a cluster development shall be:

[1]

Lot size: 25,000 square feet.

[2]

Street frontage: 125 feet for interior lots and 150 feet for corner lots.

[3]

Lot width: 125 feet for interior lots and 150 feet for corner lots.

[4]

Lot depth: 150 feet.

[5]

Principal building front yard: 40 feet.

[6]

Principal building side yard: 15 feet; accessory building or structure: 15 feet.

[7]

Principal building rear yard: 25 feet; accessory building or structures: 25 feet. However, in those cases where the full length of the rear lot line is contiguous to a Township-owned greenway of at least 50 feet in width and no portion of said rear line is within a perpendicular distance of 150 feet of a Township street right-of-way, an accessory building or structure may be located within 15 feet of the rear lot line. If a rear line setback of less than 25 feet is utilized, suitable landscaping shall be provided to shield the structure from the rear lot line. Drainage shall be controlled so as not to cause flooding or erosion of adjacent property and site plan approval shall be required.

[8]

Maximum percentage of lot coverage by buildings and structures: 25%.

[Added 6-17-1999 by Ord. No. 1999-21]

(h)

Any lands conveyed or dedicated to the Township shall meet the following requirements:

[1]

Every parcel of land so conveyed or dedicated on a subdivision plat of a cluster development shall be free of any liens or encumbrances of any nature at the time final approval is granted by the Township and at the time of recording of the final subdivision plat, and each parcel so dedicated shall be noted on the plat.

[2]

The lands so conveyed or dedicated shall include, whenever feasible, natural features such as streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value. The developer may be required to plant trees or make other similar landscaping improvements in order to qualify open land for acceptance by the Township.

[3]

The lands so conveyed or dedicated shall be subject to approval by the Township Planning Board. The Board, in its review and evaluation of the suitability of such land, shall be guided by the ability to assemble and link such lands to adjoining areas in order to form continuous bands of open space and by the accessibility or potential utility of such lands.

[4]

The lands so conveyed or dedicated shall be monumented at all intersections with existing and proposed street lines in the same manner as required by the Map Filing Law (N.J.S.A. 46:23-9.9, as amended). All interior corners and changes in direction shall be marked with concrete posts or equivalent, as approved by the Planning Board, which are a minimum of five inches square or in diameter, are set a minimum of four feet into the ground and extend above the ground a minimum of four feet.

(5)

If a tract of land fails to meet the minimum size requirements for a cluster development as described in Subsection A(4)(a) of this section, the minimum lot requirements shall be those of the R-80 Residential District with a maximum allowable density of 0.43 lot per gross acre. For lands which do not meet the minimum size requirements for a cluster development and which are to be developed in accordance with the R-80 Residential District minimum lot requirements, the buffer requirements of the SCPR District shall not apply, with the exception that all freshwater wetlands buffers as established by the NJDEPE shall apply, and a minimum greenway width of 100 feet shall be established between the main branch of Big Brook and any residential lot line with the greenway area to be conveyed or dedicated to the Township of Marlboro.

(6)

For cluster developments in the SCPR District, a development fee shall be exacted for deposit into the Township's Housing Trust Fund created under Article III of Chapter 70 of the Code of the Township of Marlboro. The development fee imposed shall be 1\2 of 1% of the equalized assessed value on the number of units that could be realized in accordance with R-80 Residential District density requirements (0.43 lot per gross acre) and 6% of the equalized assessed value on the incremental units over and above 0.43 lot per gross acre obtained through conformance with SCPR cluster criteria.

[Amended 11-12-1998 by Ord. No. 25-98]

(7)

No development in the SCPR District shall be permitted where the property on which such development is to be located is adjacent to Buck's Lane unless a conservation easement shall have been dedicated to the Township, which shall be a minimum of five feet in width as measured from the right-of-way line of Buck's Lane contiguous to such proposed development and which shall prohibit any structure or other improvement or vehicular traffic on or through such conservation easement in perpetuity.

[Added 9-9-1993 by Ord. No. 51-93]

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.

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.

Signs are subject to the provisions of § 220-99 of this chapter.

Off-street parking is subject to the provisions of § 220-97 of this chapter.

All other provisions of this chapter which are applicable to lands in the SCPR District and which have not been specifically modified in this subsection shall also apply to lands developed under this section.

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

[Added 8-19-1999 by Ord. No. 1999-29]

The following regulations shall apply in the SCPR-II District:

Permitted uses.

[Amended 10-10-2002 by Ord. No. 2002-24]

(1)

Single-family dwellings in a cluster development as defined in Subsection A(3) of this section, provided that public water supply and a sanitary sewerage collection system is provided and connected to an existing regional wastewater treatment plant.

(2)

Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.

(3)

Cluster development shall be in accordance with the following standards and the cluster provisions of § 220-41, where such provisions are consistent with this section:

(a)

The maximum number of residential building lots for each cluster development shall be computed on the basis of 0.43 per gross acre (0.43 x gross acres = number of permitted lots). If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number.

(b)

Greenways and open space areas shall be provided in accordance with § 220-78A(4)(c) through (f).

(c)

The minimum lot requirements for a cluster development shall be in accordance with § 220-78A(4)(g).

(d)

Any lands conveyed or dedicated to the Township shall meet the requirements of § 220-78A(4)(h).

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.

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.

Signs are subject to the provisions of § 220-99 of this chapter.

Off-street parking is subject to the provisions of § 220-97 of this chapter.

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

[Added 12-2-1999 by Ord. No. 1999-43]

Planned Adult Community District, hereinafter referred to as "PAC-III," is defined as a community having one or more contiguous parcels of land with a total acreage of at least 75 acres to be dedicated to the use of a planned adult community. Said land shall be restricted by bylaws, rules, regulations and restrictions of record to use by permanent residents 55 years of age or older, as further defined under the United States Fair Housing Act, as amended. All projects developed within the PAC-III Zone are expressly subject to the development fees set forth in § 70-19 of the Marlboro Township Code, as amended.

Permitted uses.

(1)

Single-family detached dwellings restricted to residents 55 years of age or older.

(2)

Recreational and cultural facilities for the sole use of the residents of the community and their guests, including but not limited to: clubhouse, swimming pool, library, media center, court games, picnic areas and other active and passive recreation facilities.

Accessory uses.

(1)

Necessary accessory buildings and uses shall be permitted, including facilities for maintenance, administration, streets and off-street parking facilities and utilities.

(2)

Signs, as regulated in this chapter, provided that:

(a)

All applications for sign permits shall be submitted to the homeowners' association for approval as to uniformity throughout the community. No sign permit application shall be considered unless it has received the prior approval of the homeowners' association before application is made to the Township.

(b)

Permanent entrance or project signs, if approved by the Planning Board.

(3)

Fences, as regulated in this chapter provided that:

(a)

All applications for fence permits shall be submitted to the homeowners' association for approval as to uniformity throughout the community. No fence permit application shall be considered unless it has received the prior approval of the homeowners' association before application is made to the Township.

(4)

Notwithstanding any other ordinance to the contrary, one- or two-car attached garages are permitted as an accessory use in this zone.

Lot, bulk and setback requirements.

(1)

Density. No more than four dwelling units shall be permitted per gross acre of the tract.

(2)

Minimum lot size per dwelling unit:

(a)

Corner lots: 6,000 square feet.

(b)

All other lots: 5,000 square feet.

(3)

Minimum floor space per dwelling unit: 1,200 square feet.

(4)

Minimum lot frontage: 50 feet.

(5)

Minimum lot width: 50 feet.

(6)

Minimum lot depth: 85 feet.

(7)

Maximum lot coverage by buildings and structures: 40%. An additional 15% lot coverage allowance will be provided for driveways, sidewalks, patios and decks and similar appurtenances.

(8)

Maximum building height: 2 1/2 stories and in no event shall the height exceed 35 feet.

[Amended 3-5-2007 by Ord. No. 2007-4[1]]

[1]

(9)

Setbacks for principal structures:

(a)

Minimum front yard setback: 20 feet. Any two contiguous units must have a five-foot difference in setback.

(b)

Minimum side yard setback. The minimum side yard setback shall be five feet. The minimum total of both side yards shall be 15 feet. In no event shall principal buildings be located within 15 feet of each other.

(c)

Minimum rear yard setback: 20 feet.

(10)

Setbacks for accessory structures.

(a)

Front yard and side yard. The minimum front yard and side yard setbacks shall be the same as that required for principal structures in this zone.

(b)

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.

Streets shall be privately owned and maintained. Sidewalks shall be provided on both sides of all streets.

Recreational areas.

(1)

There shall be in each PAC-III community at least one clubhouse or community building. There shall be at least 15 square feet of clubhouse building space provided for each proposed dwelling unit. The clubhouse shall be completed and in operation before the 100th dwelling unit has been completed and a certificate of occupancy issued therefore or prior to the issuance of certificate of occupancy for 50% of the total number of approved dwellings, whichever shall occur first. Each clubhouse shall be provided with adequate parking of at least one space per 200 square feet of building floor area.

(2)

Each PAC-III shall provide a site or sites for recreational facilities for the use of its residents. Recreational facilities shall include but shall not be limited to such facilities as shuffleboard lanes, bocce courts, swimming pools, picnic benches and indoor recreation facilities. All grounds surrounding recreational and administrative facilities shall be appropriately landscaped and shall be provided with adequate walkways. Underground irrigation shall be installed for such areas.

Procedural requirements.

(1)

All subdivision plans and site plans shall be submitted to the Planning Board in accordance with the requirements of the subdivision regulations of this chapter. Where facilities proposed to be built are other than residential dwellings, site plans shall be submitted in conformance with this chapter.

(2)

At such time as the applicant or developer shall submit a subdivision plan for preliminary approval or site plan for approval, the following shall also be submitted:

(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 as to their adequacy in ensuring that the community shall be constituted so as to be consistent with the purposes and requirements of this section. The proposed documents and restrictions shall indicate a comprehensive and equitable program for the orderly transition of control over the homeowners' association from the applicant or the developer to the actual homeowner in the community.

(4)

In addition to the foregoing, it shall be mandatory for any applicant to provide the Planning Board with copies of all submissions to be made to any state agency, pursuant to the Retirement Community Full Disclosure Act, at all stages of development.

§ 220-81 C-1 Village Commercial District.

Within the C-1 Village Commercial District, it is in the interest of the Township to encourage the conversion of existing structures for specialized commercial activity in accordance with specific architectural and landscaping standards. Prior to the issuance of a building permit for the erection of a new building or the conversion of an existing building for a permitted use within this district, architectural renderings of the exterior treatment of the building, including complete informations concerning the type and color of materials and/or paints to be utilized, shall be presented to the Planning Board for its approval. The applicant shall also submit for Planning Board approval a detailed landscaping and site development plan indicating the type, size and extent of all shrubs, trees and other plants to be located on the site and the type and location of all paving material to be utilized for sidewalk areas, parking areas and other pedestrian areas, and renderings, pictures or other suitable visual documents that clearly illustrate any fencing, sculpture, poles or other specialized structures or hardware to be located on the site. The architectural renderings and detailed landscaping and site development plans shall be submitted as additional items in conjunction with the required submittals for site plan review as specified in § 220-37 of this chapter. The Planning Board shall review and act on such submittals in accordance with the procedure specified under site plan review in § 220-37 of this chapter.

Guiding standards. In reviewing and acting upon proposed developments in the Village Commercial District, the Planning Board shall be guided by the following standards:

(1)

New buildings erected in the Village Commercial District shall be of a scale and style consistent with existing development in the district.

(2)

Exterior treatment of existing buildings shall result in facades that are harmonious with adjacent structures but do not result in a look-alike building.

(3)

The lots of new buildings and converted buildings shall be completely developed and landscaped even though portions of the lot may not be utilized for the permitted use.

(4)

Site development plans shall maximize the use of planting areas, sculpture and specialized pavement materials such as brick, cobblestone and state.

(5)

Where possible, the site development plans shall include sitting areas with wrought iron, concrete or other suitable decorative benches.

(6)

All building facades, signs and paving material shall be in nonglass pastel colors.

(7)

All exterior lighting fixtures, fences and other hardware shall be of a decorative quality.

(8)

Permitted permanent signs shall only identify the name and type of business or service. The use of descriptive adjectives, illustrations, pictures or similar advertising techniques shall be prohibited.

(9)

The design and materials of all permanent signs shall specifically be subject to approval by the Planning Board.

In addition to the above standards, the following district regulations shall apply:

(1)

Permitted uses. The following uses shall be permitted in the C-1 Village Commercial District, provided that said uses do not exceed 50,000 square feet:

[Amended 12-15-2005 by Ord. No. 2005-55]

(a)

All retail sales and service establishments, including but not limited to general merchandise stores, food stores, furniture, home furnishings and equipment, restaurants and eating and drinking places, motor vehicle service stations, variety stores, drugstores, florists and other retail trade stores.

(b)

Services used as follows:

[1]

Finance, insurance and real estate services.

[2]

Personal services.

[3]

Business services.

[4]

Repair services, excluding motor vehicle repairs.

[5]

Professional services.

[6]

Governmental services.

[7]

Educational services, but excluding primary and secondary schools and colleges.

(c)

Owner-occupied efficiency and one-bedroom apartments above the ground floor of existing buildings where the ground floor of existing buildings is utilized for another permitted use.

(d)

Government buildings, parks and playgrounds.

(e)

Temporary buildings for uses incidental to construction work, provided such buildings are removed upon completion or abandonment of the construction work.

(f)

Single-family detached dwellings and accessory structures as existing or approved within the zone at the time of the passage of this subsection. The area, yard and building requirements of the MFD-1 Residential Zone for single-family homes shall be applicable to these existing residential uses.

[Added 6-13-2013 by Ord. No. 2013-12]

(2)

Permitted accessory uses.

(a)

All accessory uses permitted in the C-2 Neighborhood Commercial District under § 220-85B.

(3)

Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter and as further set forth herein:

(a)

Minimum lot area: 20,000 square feet, except that where an existing building is to be utilized for a permitted use or uses and is located on a lot of less than 20,000 square feet in area, the minimum lot area shall be the existing lot area at the time of passage of this chapter, provided that such existing lot area is a minimum of 10,000 square feet.

(b)

Minimum lot width: 100 feet, except that where an existing building is to be utilized for a permitted use or uses and is located on a lot of less than 100 feet in width, the minimum lot width shall be the existing lot width at the time of passage of this chapter, provided that such existing lot width is a minimum of 50 feet.

(c)

Minimum lot depth: 150 feet, except that where an existing building is to be utilized for a permitted use or uses and is located on a lot of less than 150 feet in depth, the minimum lot depth shall be the existing lot depth at the time of passage of this chapter, provided that such existing lot depth is a minimum of 75 feet.

(d)

Minimum lot frontage: 100 feet, except that where an existing building is to be utilized for a permitted use or uses and is located on a lot of less than 100 feet in frontage, the minimum lot frontage shall be the existing lot frontage at the time of passage of this chapter, provided that such existing lot frontage is a minimum of 50 feet.

(e)

Minimum front yard setback: 25 feet, except as follows:

[1]

New buildings may be constructed at the average of the front yard setbacks of all existing buildings located within 200 feet of the lot on the same side of the street and within the same block.

[2]

Where an existing building is to be utilized for a permitted use or uses and has a front yard setback of less than 25 feet, the minimum front yard setback shall be the existing front yard setback at the time of passage of this chapter.

(f)

Minimum side yard setback: 20 feet, except that where an existing building is to be utilized for a permitted use or uses and has a side yard setback of less than 20 feet, the minimum side yard setback shall be the existing side yard setback at the time of passage of this chapter.

(g)

Minimum rear yard setback: 50 feet for principal buildings and 35 feet for accessory buildings, except that where an existing building is to be utilized for a permitted use or uses and has a rear yard setback of less than 50 feet for a principal building, the minimum rear yard setback for the principal building shall be the existing rear yard setback at the time of passage of this chapter.

(h)

Maximum building height: 35 feet for principal buildings and 15 feet for accessory buildings.

(i)

Maximum lot coverage: 30%, except that where an existing building is to be utilized for a permitted use or uses and has a lot coverage greater than 30%, the maximum lot coverage shall be the existing lot coverage at the time of passage of this chapter.

(j)

Minimum open space: 20%.

(k)

Minimum gross habitable floor area:

[1]

Efficiency apartment: 650 square feet.

[2]

One-bedroom apartment: 750 square feet.

(4)

Conditional uses. Uses requiring a conditional use permit are subject to the conditional use procedure as outlined in Article IV of this chapter.

(a)

Public utilities.

(5)

Modification of regulations for existing buildings. Where an existing building is to be utilized for a permitted use or uses, the following modification of regulations shall apply:

(a)

The required number of off-street parking spaces for permitted uses shall be not less than 1/2 the required number of off-street parking spaces specified in § 220-97F of this chapter.

(b)

There shall be provided one off-street parking space for each efficiency and one-bedroom apartment unit.

(6)

Other provisions.

(a)

The storage of flammable liquids and gases shall not be permitted above ground, except that where such liquids and gases are used as a heating fuel, they may be stored within the building in accordance with the Township's Fire Prevention Code.[1]

[1]

Editor's Note: See Ch. 183, Fire Prevention.

(b)

All rubbish and garbage and waste materials shall be stored in metal or plastic containers securely fastened with metal or plastic covers. Containers may be stored in a building, in the rear yard or in a side yard if properly screened from view.

(c)

[Amended 3-16-1989 by Ord. No. 6-89]

(d)

All parcels of land shown on the Tax Map of the Township of Marlboro as of the date of the adoption of this chapter within the C-1 Village Commercial Zone shall be deemed to be conforming parcels as to all area and setback regulations; provided, however, the owner shall not be permitted to obtain a building permit until a site plan for the proposed construction shall be submitted to the Planning Board and approved by said Board. The Planning Board shall review any such site plan submitted within the C-1 Village Commercial Zone under the general village commercial concept as provided in this chapter.

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

[Added 11-29-1990 by Ord. No. 56-90]

The following regulations shall apply in the OPT-1 District:

Permitted uses.

(1)

Single-family residences as existing at the time of passage of this section.

(2)

Professional offices, including:

(a)

Attorneys and counselors-at-law.

(b)

Accountants and certified public accountants.

(c)

Architects.

(d)

Chiropodists and chiropractors.

Dentists.

Medical doctors.

Real estate brokers.

Engineers, land surveyors and planners.

(i)

Insurance brokers.

(j)

Stockbrokers.

(k)

Optometrists, oculists and osteopaths.

(l)

Psychologists.

(m)

Marriage counselors licensed by the State of New Jersey.

(n)

Other similar professional offices.

Permitted accessory uses.

(1)

Customary accessory uses and buildings which are clearly incidental to the principal use and building.

Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.

Conditional uses. Uses requiring a conditional use permit are subject to the provisions of Article IV of this chapter.

(1)

Public utilities.

Signs are regulated as per § 220-99 of this chapter.

Fences are subject to the provisions of § 220-95 of this chapter.

Parking is regulated as per § 220-97 of this chapter.

Buffer requirements.

(1)

There shall be provided a ten-foot landscaped buffer to any adjacent existing residential property. Said buffer to be landscaped to the satisfaction of the approving agency.

Other provisions.

(1)

No outside storage or display of material shall be permitted.

(2)

Parking shall be set back 10 feet from the right-of-way. Said 10 feet shall be properly landscaped as required by the approving agency.

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

[Added 11-29-1990 by Ord. No. 56-90]

The following regulations shall apply in the OPT-2 District:

Permitted uses.

(1)

Single-family residences as existing at the time of passage of this section.

(2)

Professional offices, including:

(a)

Attorneys and counselors-at-law.

(b)

Accountants and certified public accountants.

(c)

Architects.

(d)

Chiropodists and chiropractors.

Dentists.

Medical doctors.

Real estate brokers.

Engineers and land surveyors.

(i)

Insurance brokers.

(j)

Stockbrokers.

(k)

Optometrists, oculists and osteopaths.

(l)

Psychologists.

(m)

Marriage counselors licensed by the State of New Jersey.

(n)

Other similar professional offices.

(o)

Executive offices, where no product will be displayed for sale.

(3)

Limited commercial service facilities:

(a)

Hairdresser.

(b)

Boutiques.

(c)

Art supplies.

Customary accessory uses and buildings which are clearly incidental to the principal use and building.

Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.

Conditional uses. Uses requiring a conditional use permit are subject to the provisions of Article IV of this chapter.

(1)

Pet shops.

(2)

Public utilities.

Signs are regulated as per § 220-99 of this chapter.

Fences are subject to the provisions of § 220-95 of this chapter.

Parking is regulated as per § 220-97 of this chapter.

Buffer requirements.

(1)

There shall be provided a ten-foot landscaped buffer to any adjacent existing residential property. Said buffer to be landscaped to the satisfaction of the approving agency.

Other provisions.

(1)

No outdoor storage or display of material shall be permitted.

(2)

Parking shall be set back 10 feet from the right-of-way. Said 10 feet shall be properly landscaped as required by the approving agency.

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

[Added 11-29-1990 by Ord. No. 56-90]

The following regulations shall apply in the OPT-3 District:

Permitted uses.

(1)

Single-family residences as existing at the time of passage of this section.

(2)

Professional offices, including the following in an office complex or office center design:

(a)

Attorneys and counselors-at-law.

(b)

Accountants and certified public accountants.

(c)

Architects.

(d)

Chiropodists and chiropractors.

Dentists.

Medical doctors.

Real estate brokers.

Engineers and land surveyors.

(i)

Insurance brokers.

(j)

Stockbrokers.

(k)

Optometrists, oculists and osteopaths.

(l)

Psychologists.

(m)

Marriage counselors licensed by the State of New Jersey.

(n)

Other similar professional offices.

(o)

Executive offices, where no product will be displayed for sale.

(3)

Restaurants. Restaurants are permitted, provided that the following conditions are met:

(a)

The property shall consist of 15 acres.

(b)

The restaurant shall be part of a cluster office complex.

(c)

No drive-through restaurant facilities are permitted.

(d)

No fast-food restaurants are permitted.

(e)

The restaurant shall be limited to 10% of the building space, but in no event exceed 10,000 square feet.

Permitted accessory uses.

(1)

Customary accessory uses and buildings which are clearly incidental to the principal use and building.

Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.

Conditional uses. Uses requiring a conditional use permit are subject to the provisions of Article IV of this chapter.

(1)

Public utilities.

Signs are regulated as per § 220-99 of this chapter.

Fences are subject to the provisions of § 220-95 of this chapter.

Parking is regulated as per § 220-97 of this chapter.

Buffer requirements.

(1)

There shall be provided a thirty-foot landscaped buffer to any adjacent existing residential property. Said buffer to be landscaped to the satisfaction of the approving agency.

Other provisions.

§ 220-85 C-2 Neighborhood Commercial District.

The following regulations shall apply in the C-2 Neighborhood Commercial District:

Permitted uses. One or a combination of retail and/or service uses of a neighborhood nature of the following types:

[Amended 10-13-1988 by Ord. No. 52-88; 9-27-1990 by Ord. No. 43-90]

(1)

General merchandise.

(2)

Food.

(3)

Apparel and accessories.

(4)

Eating and drinking establishments, except drive-in restaurants.

Variety stores.

Drugstores.

Liquor stores.

Florists.

Finance, insurance and real estate services.

(10)

Personal services.

(11)

Business services.

(12)

Principal and accessory residences as existing or approved at the time of the passage of this section.

[Amended 10-26-2000 by Ord. No. 2000-17]

(13)

Professional services.

(14)

Government buildings and grounds.

(15)

Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.

(16)

Commercial educational uses, provided that each use meets the parking recommendations of the ITE Parking Generation Manual, third or most current edition.

[Added 2-15-2007 by Ord. No. 2007-5; amended 12-17-2009 by Ord. No. 2009-36]

Permitted accessory uses.

(1)

Customary accessory uses and buildings which are clearly incidental to the principal use and building.

Area, yard and building requirements.

[Amended 10-26-2000 by Ord. No. 2000-17]

(1)

For preexisting or approved residential uses which are permitted under § 220-85A(12) above, the requirements of the R-20 Residential Zone as specified in the schedule of requirements in § 220-34 shall apply.

(2)

For all other uses, the requirements specified for the C-2 Neighborhood Commercial Zone in the schedule of requirements in § 220-34 of this chapter shall apply.

Conditional uses. Uses requiring a conditional use permit are subject to the provisions of Article IV of this chapter.

(1)

Public utilities.

(2)

Motor vehicle service stations.

(3)

Amusement arcades.

[Added 7-15-1993 by Ord. No. 8-93]

Signs are regulated as per § 220-99 of this chapter.

Fences are subject to the provisions of § 220-95 of this chapter.

Parking is regulated as per § 220-97 of this chapter.

Off-street loading is subject to the provisions of § 220-98 of this chapter.

Other provisions.

(1)

The storage of flammable liquids and gases shall not be permitted above the ground, except that where such liquids and gases are used as a heating fuel, they may be stored within the building in accordance with the Township's Fire Prevention Code.

(2)

All rubbish and garbage and waste materials shall be stored in metal or plastic containers securely closed with metal or plastic covers. Containers may be stored in a building, in the rear yard or in the side yard if properly screened from view.

(3)

Where the property line of a proposed commercial lot abuts a residential zone or use, a buffer area shall be established, which shall include an area of land 30 feet in width as measured from said property line. For the purpose of establishing a building setback line along the buffer area, all side and rear yard lines shall be increased by a depth of 30 feet. The buffer screen shall meet the standards set forth in § 220-100 of this chapter. However, where the property line of a proposed commercial lot abuts property located in the MFD-II Zone, the buffer area required by this subsection shall be 10 feet in width.

[Amended 3-16-1989 by Ord. No. 6-89; 2-25-1993 by Ord. No. 3-93]

(4)

Front yards may be utilized for parking, provided that no such parking shall be closer than 20 feet to any street line.

(5)

No individual commercial tenant or unit shall consist of more than 15,000 square feet.

[Added 10-26-2000 by Ord. No. 2000-17]

§ 220-86 C-3 Community Commercial District.

The following regulations shall apply in the C-3 Community Commercial District:

Permitted uses.

[Amended 10-13-1988 by Ord. No. 52-88; 9-27-1990 by Ord. No. 43-90]

(1)

Retail trade stores or shopping centers, including one or a combination of the following:

(a)

General merchandise.

(b)

Food.

(c)

Apparel and accessories.

(d)

Furniture, home furnishings and equipment.

(e)

Restaurants and eating and drinking places.

(f)

Variety stores, drugstores, florists or other retail trade stores, but not including fuel.

(g)

Motels.

(h)

New car sales, service and showrooms.

(2)

Service uses as follows:

(a)

Finance, insurance and real estate services.

Personal services.

Business services.

Repair services.

Professional services.

(f)

Governmental services.

(g)

Educational services, but excluding primary and secondary schools and colleges.

(h)

Publication of newspapers and periodicals.

(3)

Administrative office buildings limited to the executive or administrative offices of industrial or business concerns and which are not normally involved in conducting business with the general public.

(4)

Industrial research laboratories limited to experimental research and testing laboratories at which products or goods are not produced for sale.

(5)

Assembly halls, theaters, bowling alleys and other similar commercial recreational activity, provided it is carried on within a building, and further provided that each such use meets the parking recommendations of the ITE Parking Generation Manual, third or most current edition.

[Amended 12-17-2009 by Ord. No. 2009-37]

(6)

Temporary buildings for uses incidental to construction work, provided such buildings are removed upon completion or abandonment of the construction work.

Permitted accessory uses.

(1)

All accessory uses permitted in the C-2 Neighborhood Commercial District under § 220-85B.

Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.

Conditional uses. The following uses are conditional uses subject to the provisions of Article IV of this chapter:

(1)

Public utilities.

(2)

Motor vehicle service stations.

(3)

Motels.

(4)

Drive-in restaurants.

(5)

New car sales, service and showrooms.

(6)

Amusement arcades.

[Added 7-15-1993 by Ord. No. 8-93]

(7)

Wireless communications facilities.

[Added 12-10-2009 by Ord. No. 2009-35]

Other provisions.

(1)

Front yard areas may be utilized for parking, provided that no such parking shall be closer than 20 feet to the street line.

(2)

Highly flammable liquids or gases may be stored at atmospheric pressure above ground, provided that such storage is in accordance with the Township's Fire Prevention Code and in steel tanks in a fire-resistive structure and that the total volume of such liquids or gases does not exceed 300 gallons. Compressed highly flammable gases shall be stored in steel cylinders, and the total volume shall be not more than 10 cubic feet of compressed gas. All tanks stored above ground shall be properly diked.

(3)

Less flammable liquids or gases may be stored above ground at atmospheric pressure, provided that such storage is in accordance with the Township's Fire Prevention Code and in steel tanks in a fire-resistive structure and that the total volume of such liquids or gases does not exceed 1,200 gallons. Other less flammable compressed gases may be stored above ground in steel cylinders totaling not more than 30 cubic feet of compressed gas. All tanks stored above ground shall be properly diked.

(4)

(5)

Where the property line of a proposed commercial lot abuts a residential zone, a buffer area shall be established which shall include an area of land 200 feet in width, as measured from said property line. Where the property line of a proposed commercial lot abuts a residential use in a nonresidential zone, a buffer area shall be established which shall include an area of land 40 feet in width, as measured from said property line. For purposes of establishing a building setback line along the buffer area, all side and rear yard lines shall be increased by the depth of the required buffer area. The buffer screen shall meet the standards set forth in § 220-100.

[Amended 6-13-1986 by Ord. No. 26-86; 3-16-1989 by Ord. No. 6-89; 9-27-1990 by Ord. No. 43-90]

Signs are regulated as per § 220-99 of this chapter.

Fences are subject to the provisions of § 220-95 of this chapter.

Parking is regulated as per § 220-97 of this chapter.

Off-street loading is subject to the provisions of § 220-98 of this chapter.

§ 220-87 C-4 Regional Commercial District.

The following regulations shall apply in the C-4 Regional Commercial District:

Permitted uses.

[Amended 10-13-1988 by Ord. No. 52-88; 9-27-1990 by Ord. No. 43-90]

(1)

Retail trade stores or shopping centers, including one or a combination of the following:

(a)

General merchandise.

(b)

Food.

(c)

Apparel and accessories.

(d)

Furniture, home furnishings and equipment.

(e)

Restaurants and eating and drinking places.

(f)

Variety stores, drugstores, florists or other retail trade stores, but not including fuel.

(g)

Motels.

(h)

New car sales, service and showrooms.

(2)

Service uses as follows:

(a)

Finance, insurance and real estate services.

Personal services.

Business services.

Repair services.

Professional services.

(f)

Governmental services.

(g)

Educational services, but excluding primary and secondary schools and colleges.

(h)

Publication of newspapers and periodicals.

(3)

(4)

Industrial research laboratories limited to experimental research and testing laboratories at which products or goods are not produced for sale.

(5)

Assembly halls, theaters, bowling alleys and other similar commercial recreational activity, provided it is carried on within a building, and further provided that such use meets the parking recommendations of the ITE Parking Generation Manual, third or most current edition.

[Amended 12-17-2009 by Ord. No. 2009-38]

(6)

Government buildings, parks and playgrounds.

(7)

Temporary buildings for uses incidental to construction work, provided such buildings are removed upon completion or abandonment of the construction work.

Permitted accessory uses.

(1)

All accessory uses permitted in the C-2 Neighborhood Commercial District under § 220-85B.

Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.

Conditional uses. The following uses are conditional uses subject to the provisions of Article IV of this chapter:

(1)

Public utilities.

(2)

Motor vehicle service stations.

(3)

Motels.

(4)

Drive-in restaurants.

(5)

New car sales, service and showrooms.

(6)

Amusement arcades.

[Added 7-15-1993 by Ord. No. 8-93]

(7)

Wireless communications facilities.

[Added 12-10-2009 by Ord. No. 2009-35]

Other provisions.

(1)

Front yard areas may be utilized for parking, provided that no such parking shall be closer than 20 feet to the street line.

(2)

Highly flammable liquids or gases may be stored at atmospheric pressure above ground, provided such storage is in accordance with the Township's Fire Prevention Code[1] and in steel tanks in a fire-resistive structure and the total volume of such liquids or gases does not exceed 300 gallons. Compressed highly flammable gases shall be stored in steel cylinders and the total volume shall be not more than 10 cubic feet of compressed gas. All tanks stored above ground shall be properly diked.

[1]

Editor's Note: See Ch. 183, Fire Prevention.

(3)

Less flammable liquids or gases may be stored above ground at such atmospheric pressure, provided such storage is in accordance with the Township's Fire Prevention Code and in steel tanks in a fire-resistive structure and the total volume of such liquids or gases does not exceed 1,200 gallons. Other less flammable compressed gases may be stored above ground in steel cylinders totaling not more than 30 cubic feet of compressed gas. All tanks stored above ground shall be properly diked.

(4)

(5)

[Amended 3-16-1989 by Ord. No. 6-89; 9-27-1990 by Ord. No. 43-90]

Signs are regulated as per § 220-99 of this chapter.

Parking is regulated as per § 220-97 of this chapter.

Fences are regulated as per § 220-95 of this chapter.

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

[Added 8-11-2005 by Ord. No. 2005-26]

The following regulations shall apply in the C-5 Community Commercial District II:

Permitted uses. All permitted uses in the C-3 Community Commercial District provided that said uses do not exceed 50,000 square feet.

Permitted accessory uses. All accessory uses permitted in the C-3 Community Commercial District.

Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter as identified for the C-3 Community Commercial District.

Conditional Uses. All conditional uses permitted in the C-3 Community Commercial District.

Other provisions as identified within § 220-86E.

Signs are regulated as per § 220-99 of this chapter.

Fences are subject to the provision of § 220-95 of this chapter.

Parking is regulated as per § 220-97 of this chapter.

Off-street loading is subject to the provisions of § 220-98 of this chapter.

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

The following regulations shall apply in the CIR Commercial-Industrial-Research District:

Permitted uses.

[Amended 5-25-1995 by Ord. No. 23-95]

(1)

Light manufacturing, processing or fabricating operations which meet the performance standards contained in § 220-37.

(2)

One or a combination of retail and/or service uses of a neighborhood convenience nature of the following types:

[Amended 2-26-1998 by Ord. No. 2-98]

(a)

General merchandise.

(b)

Food.

(c)

Apparel and accessories.

(d)

Eating and drinking establishments, except drive-in restaurants.

Variety stores.

Drugstores.

Liquor stores.

Florists.

Furniture, home furnishings and equipment.

(j)

Finance, insurance and real estate services.

Personal services.

Business services.

Repair services.

Professional services.

(o)

Off-site catering services.

[Added 5-9-2002 by Ord. No. 2002-13]

(3)

Government buildings and grounds.

(4)

Educational services, but excluding primary and secondary schools and colleges.

(5)

Publication of newspapers and periodicals.

(6)

Assembly halls, theaters, bowling alleys and other similar commercial recreational activity, provided that it is carried on within a building.

(7)

Experimental, research or testing laboratories, provided that no operation shall be conducted or equipment used which would create hazardous, noxious or offensive conditions beyond the boundaries of the property involved.

(8)

Administrative office buildings limited to executive or administrative purposes.

(9)

Industrial research laboratories limited to experimental, research and testing laboratories at which products or goods are not produced for sale.

(10)

Warehouse for the storage of materials and products.

(11)

Railroad rights-of-way and terminal facilities.

(12)

Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.

(13)

[1]Principal and accessory uses and structures in connection with residential subdivisions as existing or approved at the time of the passage of this section, subject to the area, yard and building requirements of the FRD Flexible Residential District, § 220-62G of the Marlboro Code.

[Added 6-22-2000 by Ord. No. 2000-16]

[1]

Editor's Note: Former § 84-54A(13), which allowed single-family detached dwellings as a permitted use, was repealed 2-26-1998 by Ord. No. 2-98.

Permitted accessory uses.

(1)

All accessory uses permitted in the C-2 Neighborhood Commercial District under § 220-85B.

Conditional uses. Uses requiring a conditional use permit are subject to the provisions of Article IV of this chapter.

[Amended 7-15-1993 by Ord. No. 8-93; 5-25-1995 by Ord. No. 23-95]

(1)

Public utilities.

(2)

Shopping centers.

[Added 2-26-1998 by Ord. No. 2-98[2]]

[2]

Editor's Note: This ordinance also provided for the renumbering of former § 84-54C(2) as § 84-54C(3).

(3)

Amusement arcades.

(4)

Churches and places of worship.

[Added 5-27-1999 by Ord. No. 1999-17]

(5)

Quasi-public buildings and recreational uses.

[Added 5-27-1999 by Ord. No. 1999-17]

Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.

Signs are subject to the provisions of § 220-99 of this chapter.

Fences are subject to the provisions of § 220-95 of this chapter.

Off-street parking is subject to the provisions of § 220-97 of this chapter.

Off-street loading is subject to the provisions of § 220-98 of this chapter.

Other provisions.

(1)

Front yard areas may be utilized for parking, provided that no such parking shall be closer than 20 feet to the street line.

[Amended 5-25-1995 by Ord. No. 23-95]

(2)

Storage of flammable liquids or gases shall be in accordance with the Township's Fire Prevention Code.[3]

[3]

Editor's Note: See Ch. 183, Fire Prevention.

(3)

The outdoor storage of material, equipment or refuse shall only be permitted if such storage is fenced and/or screened from public view in accordance with a plan approved by the Planning Board.

Relationship to residential lots.

(1)

No building, structure or railroad tracks shall be erected within 150 feet of any front, side or rear lot line that abuts or is the near street line opposite a residential zone.

[Amended 5-25-1995 by Ord. No. 23-95; 2-26-1998 by Ord. No. 2-98]

(2)

No parking area or driveway shall be located within 150 feet of any front, side or rear lot line that abuts or is the near street line opposite a residential zone.

[Amended 5-25-1995 by Ord. No. 23-95; 2-26-1998 by Ord. No. 2-98]

(3)

No tree having a caliper of more than three inches and located within 100 feet of any front, side or rear lot line that abuts or is the near street line opposite a residential zone or lot utilized for residential purposes in a commercial or industrial zone shall be removed unless such removal is in accordance with an approved site plan.

[Amended 5-25-1995 by Ord. No. 23-95; 2-26-1998 by Ord. No. 2-98]

(4)

Prior to commencing construction of any building, structure, railroad tracks, driveway or parking areas, a permanent fence shall be constructed along the entire length of any front, side or rear lot line that abuts a residential zone or use. Such fence shall be at least six feet in height and shall be of a type and material approved by the Planning Board as part of site plan approval and be subject to § 220-95 of this chapter.

[Amended 5-25-1995 by Ord. No. 23-95; 2-26-1998 by Ord. No. 2-98]

(5)

Where the property line of a proposed commercial lot abuts a residential zone, a buffer area shall be established which shall include an area of land 100 feet in width. Where the property line of a proposed commercial lot abuts a residential use in a nonresidential zone, a buffer area shall be established which shall include an area of land 35 feet in width, as measured from said property line. For purposes of establishing a building setback line along the buffer area, all side and rear yard lines shall be increased by the depth of the required buffer area. The buffer screen shall meet the standards set forth in § 220-100.

[Amended 9-27-1990 by Ord. No. 43-90]

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

[Added 11-29-1990 by Ord. No. 56-90]

The following regulations shall apply in the IOR Industrial-Office Research District:

Permitted uses.

(1)

Light manufacturing, processing or fabricating operations which meet the performance standards contained in § 220-37.

(2)

Educational services.

(3)

Publication of newspapers and periodicals.

(4)

Assembly halls, theaters, bowling alleys and other similar commercial recreational activity, provided that it is carried on within a building, and further provided that such use meets the parking recommendations of the ITE Parking Generation Manual, third or most current edition.

[Amended 12-17-2009 by Ord. No. 2009-40]

(5)

(6)

Administrative office buildings limited to executive or administrative purposes and professional offices.

(7)

Industrial research laboratories limited to experimental, research and testing laboratories at which products or goods are not produced for sale.

(8)

Warehouse for the storage of materials and products.

(9)

Corporate headquarters.

(10)

Hotels and conference center.

(11)

Restaurants as part of an industrial park or corporate office center except for drive-through or fast-food restaurant facilities.

(12)

Corporate or industrial parks subject to the following regulations:

(a)

Minimum site requirement: 40 acres.

(b)

Internal lot size and setbacks: as per the following schedule:

	Lot Dimensions			Setbacks
	Area (acres)	Width (feet)	Depth (feet)	Front Yard (feet)	Side Yard (feet)	Rear Yard (feet)	From External Boundary (feet)
	1*	150	200	40	30	20	80

	NOTES:
	*	Not more than 10% of the lots may be one-acre lots.

(13)

Retail facilities incidental to the primary use and limited to 15% of the gross floor area.

(14)

Off-site catering services.

[Added 5-9-2002 by Ord. No. 2002-13]

(15)

Industrial flex use.

[Added 12-12-2019 by Ord. No. 2019-14]

Permitted accessory uses.

(1)

Customary accessory uses and buildings which are clearly incidental to the principal use and building.

Conditional uses. Uses requiring a conditional use permit are subject to the provisions of Article IV of this chapter.

(1)

Public utilities.

(2)

Amusement arcades.

[Added 7-15-1993 by Ord. No. 8-93]

(3)

Churches and places of worship.

[Added 5-27-1999 by Ord. No. 1999-17]

(4)

Quasi-public buildings and recreational uses.

[Added 5-27-1999 by Ord. No. 1999-17]

(5)

Wireless communications facilities.

[Added 12-10-2009 by Ord. No. 2009-35]

Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.

Signs are subject to the provisions of § 220-99 of this chapter.

Fences are subject to the provisions of § 220-95 of this chapter.

Off-street parking is subject to the provisions of § 220-97 of this chapter.

Off-street loading is subject to the provisions of § 220-98 of this chapter.

Other provisions.

(1)

Front yard areas may be utilized for parking, provided that no such parking shall be closer than 80 feet to the street line.

(2)

Storage of flammable liquids or gases shall be in accordance with the Township's Fire Prevention Code.[1]

[1]

Editor's Note: See Ch. 183, Fire Prevention.

(3)

The outdoor storage of material, equipment or refuse shall only be permitted if such storage is fenced and/or screened from public view in accordance with a plan approved by the Planning Board.

Relationship to residential lots.

(1)

No building, structure or railroad tracks shall be erected within 150 feet of any front, side or rear lot line that abuts or is the near street line opposite a residential zone.

(2)

No parking area or driveway shall be located within 150 feet of any front, side or rear lot line that abuts or is near the street line opposite a residential zone.

(3)

No tree having a caliber of more than three inches and located within 100 feet of any front, side or rear lot line that abuts or is the near street line opposite a residential zone or lot utilized for residential purposes in a commercial or industrial zone shall be removed unless such removal is in accordance with an approved site plan.

(4)

(5)

A buffer area 50 feet in width shall be provided along any front, side or rear lot line that abuts a residential zone or use. Such buffer area shall be suitably landscaped with trees, shrubs and/or ground cover in accordance with a landscaping plan approved by the Planning Board as part of site plan approval.

§ 220-90 LI Light Industrial Zone District.

The following regulations shall apply in the LI Light Industrial Zone District:

Permitted uses.

(1)

Light manufacturing, proceeding, producing or fabricating operations which meet the performance standards contained in § 220-37.

(2)

Administrative offices solely related to the primary industrial function being performed, except as permitted by Subsection A(3) below.

(3)

Administrative office buildings limited to executive or administrative or business service offices of industrial or business concerns.

(4)

Industrial research laboratories limited to experimental research and testing laboratories, at which products or goods are not produced for sale, provided that no operation shall be conducted or equipment used which would create hazardous, noxious or offensive conditions beyond the boundaries of the property involved.

(5)

Warehouse for the storage of material and products.

(6)

Railroad rights-of-way and terminal facilities.

(7)

Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.

(8)

Off-site catering services.

[Added 5-9-2002 by Ord. No. 2002-13]

(9)

Landscaping businesses including the storage of equipment and materials.

[Added 12-6-2007 by Ord. No. 2007-22]

(10)

Assembly halls, theaters, bowling alleys, and other similar commercial recreational activities, provided that such use is carried out within a building, and that the use meets the parking recommendations of the ITE Parking Generation Manual third or most current edition.

[Added 12-17-2009 by Ord. No. 2009-39]

Permitted accessory uses.

(1)

All customary accessory uses and buildings which are clearly incidental to the principal use and building.

Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.

Conditional uses. Uses requiring a conditional use permit are subject to the provisions of Article IV of this chapter.

(1)

Public utilities.

(2)

Churches and places of worship.

[Added 5-27-1999 by Ord. No. 1999-17]

(3)

Quasi-public buildings and recreational uses.

[Added 5-27-1999 by Ord. No. 1999-17]

Other provisions.

(1)

Front yard areas may be utilized for parking, provided that no such parking shall be closer than 80 feet to the street line.

(2)

Storage of flammable liquids or gases shall be in accordance with the Township's Fire Prevention Code.[1]

[1]

Editor's Note: See Ch. 183, Fire Prevention.

(3)

The outdoor storage of material, equipment or refuse shall only be permitted if such storage is fenced and/or screened from public view in accordance with a plan approved by the Planning Board.

Relationship to residential lots.

(1)

No building, structure or railroad tracks shall be erected within 150 feet of any front, side or rear lot line that abuts or is the near street line opposite a residential zone.

(2)

No parking area or driveway shall be located within 150 feet of any front, side or rear lot line that abuts or is the near street line opposite a residential zone.

(3)

(4)

(5)

Signs are subject to the provisions of § 220-99 of this chapter.

Fences are subject to the provisions of § 220-95 of this chapter.

Off-street parking is subject to the provisions of § 220-97 of this chapter.

Off-street loading is subject to the provisions of § 220-98 of this chapter.

§ 220-91 CS Commercial Service District.

[Added 11-29-1990 by Ord. No. 56-90]

The following regulations shall apply in the CS District:

All industrial uses in existence at the time of passage of this section.

All residential uses in existence at the time of passage of this section.

Permitted uses consisting of services used as follows, with sales permitted incidental to the service use:

(1)

Finance, insurance and real estate services.

(2)

Personal services.

(3)

Repair services, including motor vehicles.

(4)

Professional services.

(5)

Lawn equipment sales and services.

(6)

Pool equipment sales and services.

(7)

Electrical and plumbing repair services.

(8)

Computer services.

(9)

Appliance repair.

Permitted accessory uses.

(1)

Customary accessory uses and buildings which are clearly incidental to the principal use and building.

Area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.

Conditional uses. Uses requiring a conditional use permit are subject to the provisions of Article IV of this chapter.

(1)

Public utilities.

Signs are regulated as per § 220-99 of this chapter.

Fences are subject to the provisions of § 220-95 of this chapter.

Parking is regulated as per § 220-97 of this chapter.

Off-street loading is subject to the provisions of § 220-98 of this chapter.

Other provisions.

(1)

[1]

Editor's Note: See Ch. 183, Fire Prevention.

(2)

All rubbish and garbage and waste materials shall be stored in metal or plastic containers securely closed with metal or plastic covers and shall be in compliance with all Township recycling provisions. Containers may be stored in a building, in the rear yard or in the side yard if properly screened from view.

(3)

Where the property line of a proposed commercial service lot abuts a residential zone or use, a buffer area shall be established, which shall include an area of land 30 feet in width as measured from said property line. For the purpose of establishing a building setback line along the buffer area, all side and rear yard lines shall be increased by a depth of 30 feet. The buffer screen shall meet the standards set forth in § 220-100 of this chapter.

§ 220-92 (Reserved) [1]

[1]

Editor's Note: Former § 220-92, MZ Municipal Zone, was repealed 12-12-2019 by Ord. No. 2019-14.

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

[Added 5-25-1995 by Ord. No. 9-95[1]]

The following regulations shall apply in the A/LC Agriculture/Land Conservation District:

Permitted uses.

(1)

Single-family dwellings.

(a)

Construction of single-family dwellings within the Agriculture/Land Conservation District shall be in accordance with the following requirements:

[1]

The minimum lot area shall be 10 acres; the minimum lot area for flag lots shall be 10 acres plus a fifty-foot-wide access lane.

[2]

The minimum lot frontage shall be 400 feet; the minimum lot frontage for flag lots shall be 50 feet for the access lane.

[3]

The minimum lot width shall be 400 feet; the minimum lot width for flag lots shall be 400 feet for that portion of the lot used as the dwelling site.

[4]

The minimum lot depth shall be 500 feet; the minimum lot depth for flag lots shall be 500 feet, which shall not include the access lane.

[5]

The minimum front yard setback shall be 150 feet; the minimum front yard setback for flag lots shall be 150 feet, which shall not include the access lane.

[6]

The minimum side yard setback shall be 100 feet.

[7]

The minimum rear yard setback shall be 150 feet.

[8]

The maximum building height shall be 35 feet.

[9]

The maximum percentage of lot coverage shall be 5%.

(b)

If lot size averaging (as defined in § 220-4 of this chapter) is used, then construction of single-family dwellings within the Agriculture/Land Conservation District shall be in accordance with the following requirements:

[1]

The minimum lot area shall be 80,000 square feet, with an overall tract density of no more than 0.10 lot per acre.

[2]

The remainder of the bulk requirements for development shall be the same as those required in the R-80 Zone under § 220-48C of this chapter.

(2)

Farms, including operations for agriculture and agricultural purposes as defined in this chapter. Construction or operation of farms within the Agriculture/Land Conservation District shall be in accordance with the following regulations, notwithstanding the provisions of any other section of this chapter to the contrary:

(a)

The minimum lot area shall be 10 acres.

(b)

The minimum lot frontage shall be 400 feet.

(c)

The minimum lot width shall be 400 feet.

(d)

The minimum lot depth shall be 500 feet.

(e)

The minimum front yard setback shall be 150 feet.

(f)

The minimum side yard setback shall be 100 feet.

(g)

The minimum rear yard setback shall be 150 feet.

(h)

The maximum building height shall be 35 feet.

(i)

The maximum percentage of lot coverage shall be 5%.

(3)

State, county and municipal parks/recreational facilities. Such parks or facilities may include ballfields, swimming pools and/or other similar uses.

(4)

Open space for passive recreational uses, including but not limited to hiking, fishing, nature preserves, bird watching and other similar uses.

(5)

Public and private golf courses with a minimum lot area of 150 acres.

[Added 5-13-1999 by Ord. No. 1999-13]

Permitted accessory uses.

(1)

All accessory uses permitted in the LC Land Conservation District under § 220-47B.

(2)

Farm buildings, greenhouses and other similar structures or buildings which are customary and incidental to agriculture or agricultural purposes as defined in this chapter.

(3)

Golf course clubhouse.

[Added 5-13-1999 by Ord. No. 1999-13]

(4)

Golf course maintenance buildings, golf cart storage facilities and other similar structures or buildings which are customary and incidental to a golf course.

[Added 5-13-1999 by Ord. No. 1999-13]

Conditional uses. Uses requiring a conditional use permit, subject to the provisions of Article IV of this chapter:

(1)

Public utilities.

(2)

Churches and places of worship.

(3)

Quasi-public buildings and recreation areas.

(4)

Home professional offices and home occupations.

(5)

Private hospitals and/or other similar private health care facilities, which shall be subject to the provisions of § 220-107 of this chapter.

(6)

Buildings and grounds associated with institutions of higher learning, which shall be subject to the provisions of § 220-104 of this chapter. An "institution of higher learning" shall be defined for the purposes of this chapter as any public, parochial or private school, college or university whose enrollment is composed of students who have graduated from secondary (high) school and which is duly approved and licensed to operate by all appropriate educational and state/federal agencies.

(7)

Corporate headquarters facilities and executive offices 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.

Signs are subject to the provisions of § 220-99 of this chapter.

Off-street parking is subject to the provisions of § 220-97 of this chapter.

Fences are subject to the provisions of § 220-95 of this chapter.

Lots in existence prior to Ordinance No. 2019-14. Any lot in the A/LC District which was in existence prior to the adoption of Ordinance No. 2019-14 shall be considered a conforming lot in terms of the requirements for minimum lot area, frontage, width, and depth. All permitted uses in the A/LC District shall be permitted on these lots.

[Added 12-12-2019 by Ord. No. 2019-14]

[1]

Editor's Note: This ordinance also repealed former § 84-57, Hospital Zone.

§ 220-94 AHA Airport Hazard Zone District.

[Added 11-29-1990 by Ord. No. 56-90]

The following land use regulations shall apply to the Airport Hazard Area Zone (AHA) as delineated on the Zoning Map and as further diagrammed within the zoning text.[1] These rules and regulations and the diagrams are as per N.J.S.A. 27:1A-5, 27:1A-6, 6:1-29 and 6:1-32, the Air Safety and Hazardous Zoning Act of 1983, L. 1983, c. 260, as amended.

Permitted land uses.

(1)

Residential single-family dwelling units which are situated on a lot at least three acres in size and not located in a Clear Zone. Residential zoning is permitted in the Clear Zone as long as all dwellings are physically located outside of the Clear Zone.

(2)

Airports as further regulated by the Air Safety and Hazardous Zoning Act.

(3)

Agricultural uses.

(4)

Open space.

(5)

Cemeteries are permitted in the Runway Subzone subject to the following conditions and requirements:

[Added 8-8-1991 by Ord. No. 34-91]

(a)

A cemetery shall have a minimum contiguous area of 40 acres.

(b)

A cemetery shall have access to a principal arterial road such as a state highway as shown on the Marlboro Township Master Plan adopted in 1990.

(c)

Grave sites shall be set back a minimum of 50 feet from any street line and 35 feet from all other property lines.

(d)

A mausoleum is permitted, provided that 50 feet of setback is maintained from all property lines and that it shall not exceed 35 feet in height.

(e)

Parking requirements shall be determined by the Planning Board, and no parking shall be located closer than 50 feet to any street line.

(f)

All setbacks shall be attractively landscaped as determined and approved by the Marlboro Township Planning Board.

(g)

A cemetery must obtain site plan approval from the Marlboro Township Planning Board.

(h)

A cemetery must comply with all requirements of federal, state, county and local law. Particularly, a cemetery must comply with Title 8A of the Statutes of the State of New Jersey as well as all rules and regulations issued by the New Jersey Cemetery Board.

(i)

Crematories are expressly prohibited in a cemetery.

Specifically prohibited land uses.

(1)

Residential (dwelling units) not situated on a lot of at least three acres in size.

(2)

Planned unit developments and multifamily dwellings.

(3)

Hospitals.

(4)

Schools.

(5)

Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids.

(6)

Within the Runway End Subzones only, the aboveground bulk tank storage of flammable or toxic gases and liquids.

(7)

Uses that may attract massing birds, including landfills.

(8)

Above-grade major utility transmission lines and/or mains.

Residential land uses are subject to all other requirements of the R-80 Zone, except for the required three-acre lot size (§ 220-48).

[1]

Editor's Note: A diagram of the Clear Zone, adopted as Figure 7 of Ord. No. 56-90, is included as an attachment to this chapter.

§ 220-94.1 Recreation and Open Space (ROS) District.

[Added 12-12-2019 by Ord. No. 2019-14]

A new Recreation and Open Space District shall be created, and the Township's Zoning Map shall be amended so that the following properties shall be removed from the existing district within which they reside and placed into the new Recreation and Open Space District.[1]

[1]

Editor's Note: The table enumerating the properties placed into this district is on file in the Township offices.

The following standards and regulations shall apply to all developments located within the Recreation and Open Space District:

(1)

Purpose. The intent of the Recreation and Open Space District is to maintain areas of open space in a bucolic rural setting within the Township, and to provide appropriate lands to meet the recreational needs of Township residents.

(2)

Permitted principal uses:

(a)

Public open space.

(b)

Public indoor and outdoor recreation facilities.

(c)

Private recreational facilities.

Public golf courses.

Cemeteries.

Essential services.

Accessory uses:

Signs.

Fences.

Off-street parking.

Any use which is customarily incidental and subordinate to the principal use of the property.

(4)

Conditional uses:

(a)

Public utilities.

(5)

Area, yard, and building requirements:

(a)

Any building shall be set back a minimum of 100 feet from any property line.

(b)

Maximum building height shall be two stories or 35 feet.

(c)

The maximum impervious coverage for the entire tract shall be 15%.

§ 220-94.2 Community Facilities (CF) District.

A new Community Facilities District shall be created, and the Township's Zoning Map shall be amended so that the following properties shall be removed from the existing district within which they reside and placed into the new Community Facilities District.[1]

[1]

Editor's Note: The table enumerating the properties placed into this district is on file in the Township offices.

The following standards and regulations shall apply to all developments located within the Community Facilities district:

(1)

Purpose. The intent of the Community Facilities District is to allow for adequate space to provide public services and related functions to the residents of the Township of Marlboro.

(2)

Permitted principal uses:

(a)

All public and quasi-public uses legally permitted in the Township of Marlboro may be permitted.

Libraries.

School facilities.

Public utilities.

Essential services.

Accessory uses:

Signs.

Fences.

Off-street parking.

Any use which is customarily incidental and subordinate to the principal use of the property.

(4)

Conditional uses.

(a)

Wireless communications facilities.

§ 220-94.3 Generational Housing Districts created.

[Added 12-12-2019 by Ord. No. 2019-14]

The Township's list of zoning districts and Zoning Map shall be amended to create and incorporate seven new Generational Housing Districts, and one Generational Housing Overlay District, and the following properties shall be rezoned into the seven new Generational Housing Districts and one Generational Housing Overlay District, as follows.[1]

[1]

Editor's Note: The tables enumerating the properties placed into these districts is on file in the Township offices.

The following standards and regulations shall apply to all developments located within any of the Generational Housing Districts.

§ 220-94.4 Generational Housing Districts standards.

[Added 12-12-2019 by Ord. No. 2019-14]

The following regulations shall apply to all development within any of the GH Districts:

Purpose. The intent of generational housing is to promote residential communities for multiple generations and household types while satisfying the Township's constitutional obligation to create realistic housing opportunities for all our residents. Generational housing opportunities will be available to families just starting out, including children of Marlboro parents who currently worry about where their kids will live, and the entry level employees including police officers, teachers and other public employees who work in and serve our own Town but could never imagine finding a home here. Empty-nesters and seniors relying upon monthly Social Security checks who wish to remain in Marlboro need to have the opportunity to do so and should be able to come back home to live, work and raise a family. Generational housing also recognizes that we have a collective duty to do more for those who have sacrificed on behalf of our country: veterans must have a chance to call Marlboro their home. Generational housing is designed to meet these very real demands.

Veterans and first responders preference.

(1)

For all affordable dwelling units, military veterans and first responders, to the extent permitted by law, shall be granted preferential status as applicants, as enumerated within the Township's Affordable Housing Ordinance, § 70-21 of the Township Code (to be adopted concurrently with this section).

Recreation requirements.

(1)

All developments must provide active or passive recreation facilities at a ratio of 50 square feet per dwelling unit.

(2)

Recreational facilities shall be designed to accommodate users with disabilities, and be constructed in accordance with the Barrier Free Sub-code of the Uniform Construction Code of the State of New Jersey, and all other applicable codes and standards.

Affordable housing requirements.

(1)

In inclusionary development, to the extent feasible, low- and moderate-income units shall be integrated into the design with market-rate units.

(2)

In inclusionary developments, low- and moderate-income units shall have access to all of the same common elements and facilities as the market-rate units.

(3)

(4)

The income limits and bedroom distribution for all affordable housing units shall be in in accordance with the terms of the order of the Superior Court in Re: In the Matter of the Application of the Township of Marlboro for a Declaratory Judgement, Docket No. MON-L-2121-15, and in accordance with the Uniform Housing Affordability Controls (UHAC) found in N.J.A.C. 5:80-26.1 et seq.

(5)

In the event that any phasing of construction is proposed, the phasing shall be in accordance with applicable law, including applicable regulations promulgated by the State of New Jersey.

(6)

Affordable housing units may be located in one building or in multiple buildings.

Other provisions.

(1)

Each development within a GH District may contain a common clubhouse or community amenity facility for the use of its residents and their guests. Such clubhouse shall be permitted to have a maximum height of two stories and 35 feet.

(2)

The roof of any clubhouse or community amenity facility may be utilized as additional community amenity space.

(3)

Monument walls with or without signage, with maximum height of three feet, shall be permitted at any entrance to a residential development, provided that the wall does not interfere with any required sight distances.

(4)

Patios, decks, terraces, or balconies may be permitted to encroach within any required rear or side yard setback, provided that no patio, deck, terrace, or balcony is set back less than 20 feet from any tract boundary.

(5)

All stormwater management basins or other facilities shall be managed and maintained by a homeowners' association.

Circulation requirements.

(1)

No right-of-way dedication of 75 feet as per § 220-184C of the Township's Land Use and Development Ordinance shall apply to any development within a Generational Housing (GH) District.

(2)

Residential development shall conform to applicable requirements of the residential site improvement standards.

(3)

Off-street parking shall be permitted within a front, side, or rear yard area.

(4)

All residential development projects that require 50 off-street parking spaces or more shall provide for at minimum two of those off-street parking spaces to be reserved for electric vehicle charging stations. Individual attached garages and/or driveways that serve individual residential single-family dwellings or individual townhouse dwellings shall be exempt from this provision.

(5)

Where commercial uses are included in a development with multifamily residences, off-street parking may be shared by the commercial uses and the multifamily residences. A maximum of 20 parking spaces may be shared and considered to satisfy the off-street parking requirements for each use.

(6)

Any parking spaces which are proposed for shared usage shall be located within 150 feet of the primary entrance of each use.

Design standards.

(1)

The standards enumerated in this section shall supersede any and all design requirements found in § 220-38 for any attached single-family residential, townhouse, or multifamily residential development in a GH District.

(2)

Buildings shall be oriented so that their primary entrance faces the public street or right-of-way or an internal roadway. Primary entrances shall not face a side or rear yard area, except for end unit townhouse dwellings, where the primary entrance shall be permitted to face a side yard.

(3)

Blank or featureless walls shall be avoided.

(4)

Primary exterior building facade materials on a front facade shall be brick or brick veneer, stone, cultured stone, stucco, natural wood, composite wood, vinyl, metal, glass, or similarly durable materials. A minimum of 50% of the front building facade, excluding any windows, doors, or fenestration, shall be composed of these materials.

(5)

Buildings which have a horizontal width of greater than 80 feet shall be designed to be separated into vertical segments.

(6)

No building shall have an uninterrupted horizontal width of greater than 40 feet without a change in the vertical plane of the facade. A step-back or projection with a minimum depth of 18 inches shall be provided.

(7)

Projection requirements may be satisfied by decks or patios.

(8)

Buildings with pitched roofs shall have eaves that overhang the building face by a minimum of 12 inches. Any building eave or roofline which extends from the face of the building may encroach into any required front, side, or rear yard setback by a maximum of 12 inches.

(9)

Buildings with flat roofs shall include a decorative cornice along the top of the front facing facade which projects at minimum an average of eight inches from the face of the building.

(10)

Any accessory structure which will be visible from any street or public right-of-way shall be designed to be consistent in appearance with the principal structure on the property.

(11)

Any outdoor storage area for garbage and recycling materials which is to serve more than one dwelling, or any garbage and recycling storage area for a nonresidential use, shall be screened by a fence of at least six feet in height.

(12)

Attached single-family (townhouse) design standards:

(a)

There shall be a variety of design and architectural styles and setbacks for the purpose of presenting an aesthetically desirable effect over the entire townhouse development.

(b)

No more than four contiguous dwelling units within a structure may have the same front yard setback.

(c)

Variations in building setbacks shall be not less than two feet.

(13)

Nonresidential design standards:

(a)

For any retail, restaurant, or commercial tenant space, a minimum of 50% of the building facade area at the ground level facing the public right-of-way shall be transparent glazing.

(b)

For any retail, restaurant, or commercial space, the maximum height of the storefront sill above the sidewalk shall be three feet.

(c)

For any retail, restaurant, or commercial space on the ground level, a designated signage band shall be designed and incorporated into the building facade above the storefront area for each tenant space.

(14)

Sustainable design standards.

(a)

Strategies that minimize the impact of development on the environment and enhance the health, safety, and well-being of residents by producing durable, low-maintenance, resource-efficient housing, while making optimum use of existing infrastructure and community services, shall be encouraged.

(15)

Any deviation from these design standards shall require design waiver relief and not variance relief from the appropriate Board.

§ 220-94.5 Generational Housing 1 District.

[Added 12-12-2019 by Ord. No. 2019-14]

The following regulations shall apply to all development within the GH-1 District (MDG/Bathgate):

Purpose. The Generational Housing-1 District is provided in accordance with the terms of the settlement agreement between the Township of Marlboro and Marlboro Development Group, and an order of the Superior Court in the matter of in Re: In the Matter of the Application of the Township of Marlboro for a Declaratory Judgement, Docket No. MON-L-2121-15, and with the terms of in Re: Marlboro Development Group v. Township of Marlboro, et al., Docket No. MON-L-3826-15.

Permitted principal uses:

(1)

Attached single-family dwellings (townhouses) for market-rate units.

(2)

Multifamily dwellings containing affordable housing units.

(3)

Commercial uses, as set forth below and detailed in Exhibit C to the above referenced settlement agreement.

(a)

Retail sales and services, including convenience stores.

(b)

Personal service establishments.

(c)

Business and professional offices.

(d)

Medical and dental offices.

(e)

Restaurants, including fast food.

(f)

Banks and financial service institutions.

(g)

Entertainment uses such as billiard hall or music venue.

(4)

Mixed-use buildings of any combination of the above listed permitted uses. In any mixed-use building, no residential uses shall be permitted on the ground floor.

Accessory uses:

(1)

Signs.

(2)

Fences.

(3)

Structural retaining walls.

(4)

Off-street parking.

(5)

Drive-through window service in connection with a permitted commercial use.

(6)

Patios, decks, terraces, porches, or balconies.

(7)

Solar panels.

(8)

Residential amenity spaces including clubhouses, swimming pools, playgrounds, picnic areas, and gathering spaces.

(9)

Dog runs.

(10)

Public and/or private utilities.

(11)

Temporary construction and sales trailers.

(12)

Management or leasing offices associated with the development.

(13)

Any use which is customarily incidental and subordinate to the principal use of the property.

Conditional uses:

(1)

Public utilities.

Area, yard, and building requirements:

(1)

The maximum permitted residential density shall be 105 total dwelling units within the district. Of the maximum of 105 total dwelling units within the district, no more than 20 dwellings may be multifamily dwellings.

(2)

The minimum tract area for market-rate townhouse development shall be 10 acres.

(3)

The minimum tract area for stand-alone commercial development shall be 25,000 square feet.

(4)

The minimum tract area for any multifamily development or mixed-use development shall be 20,000 square feet.

(5)

All nonresidential uses, whether in a stand-alone building or in a mixed-use building, shall be located within 275 feet of the Route 79 right-of-way.

(6)

A minimum of 8,000 square feet (gross floor area) of commercial space shall be provided within the district.

(7)

An additional 8,000 square feet (gross floor area) of commercial space shall be permitted, up to a maximum total of 16,000 square feet (gross floor area) of commercial space within the district.

(8)

All portions of a tract dedicated to market-rate townhouse construction shall be located a minimum of 200 feet from the Route 79 right-of-way.

(9)

Attached single-family dwellings (townhouses):

(a)

Maximum building height: 3.5 stories/40 feet.

(b)

Maximum number of dwelling units per building: six units.

(c)

Townhouse building setbacks:

[1]

Side to side: 20 feet.

[2]

Side to front/back: 30 feet.

[3]

Back to back: 45 feet.

[4]

From property boundary: 15 feet.

[5]

From internal road or drive aisle: 15 feet.

(10)

Multifamily dwellings and mixed-use buildings:

(a)

Maximum building height: 3.5 stories/40 feet.

(b)

Building setbacks:

[1]

From Route 79: 25 feet.

[2]

From Stevenson Drive: 25 feet.

[3]

From all other boundaries: eight feet.

[4]

From internal roads or drive aisle: five feet.

[5]

From other buildings: 25 feet.

(11)

Commercial buildings:

(a)

Maximum building height: 3.5 stories/40 feet.

(b)

Building setbacks:

[1]

From internal roads or drive aisle: two feet.

[2]

From Route 79: 60 feet.

[3]

From all other property boundaries: two feet.

[4]

From drive-through aisle: zero feet.

(12)

Accessory structures:

(a)

Maximum building height: 15 feet.

(b)

Setbacks:

[1]

Side yard: three feet.

[2]

Rear yard: five feet.

(c)

Facilities for solid waste or recycling storage shall not require any setbacks from any parking area.

(13)

Parking area setbacks:

(a)

Ten feet from any adjacent property line.

(b)

Zero feet from any internal subdivision line.

(c)

Zero feet from a commercial building.

(d)

Five feet from a multifamily or mixed-use building.

(e)

Ten feet from an attached single-family (townhouse) dwelling.

(f)

Zero feet from any internal drive aisle.

Circulation requirements:

(1)

One site access driveway shall be provided from Route 79, which may be shared by all uses on the site.

(2)

One site access driveway shall be provided from Schanck Road which shall provide access only for townhouse residential uses.

(3)

A maximum of two access driveways may be provided on Stevenson Drive.

(4)

Off-street parking for any nonresidential use shall be provided at a ratio of one space per 250 square feet of leasable floor area.

(5)

No designated loading space shall be required for any nonresidential use within a building of less than 12,000 square feet in leasable area.

Signage requirements:

(1)

In connection with commercial uses, one externally or internally illuminated pylon project identification sign, with a maximum height of 25 feet and a maximum sign area of 170 square feet per side, and a minimum setback of 10 feet from Route 79, shall be permitted.

(2)

Within any commercial use, wall signage, or tenant signs shall be permitted for each tenant space. The total amount of signage shall not exceed 10% of the total facade area of the side of the building facing the public street. Wall-mounted signage may be internally or externally illuminated.

(3)

Signage in connection with a drive-through use may be permitted to have a maximum height of nine feet, and a maximum sign area of 30 square feet. Drive-through menu signage may be digital LED or static, and may be internally or externally illuminated. No more than two drive-through signs shall be permitted.

(4)

Any structure housing affordable housing units shall be permitted one externally illuminated project sign with a maximum height of six feet, a maximum sign area of 50 square feet, and a minimum setback of 10 feet from Route 79.

(5)

For any residential townhouse development, externally illuminated project identification signs at both sides of a site access drive, with a maximum height of 10 feet, a maximum sign width of 20 feet, a maximum sign area of 50 square feet, and a minimum setback of 10 feet from any street or right-of-way shall be permitted.

(6)

Masonry and supporting members for any project identification sign shall not be included in the calculation of signage area.

(7)

Directional or way-finding signage shall be permitted as necessary to guide vehicles or pedestrians safely through any development. Directional or way-finding signage shall have a maximum height of seven feet, and a maximum sign area of five square feet.

(8)

Temporary advertising signs for residential development shall be permitted. Ground signs shall have a maximum height of eight feet, and a maximum sign area of 25 square feet. Flag signs shall have a maximum height of 22 feet, and a maximum sign area of 60 square feet. Banner signs shall not exceed the width of the temporary construction fencing.

(9)

Any other signage permitted by § 220-99 not specifically regulated in this section shall be permitted in this district in accordance with those regulations.

Other provisions:

(1)

A minimum of 18.5% of the total number of dwelling units, or 20 units if the site is developed at the maximum permitted density of 105 dwelling units, must be set aside as non-age-restricted affordable rental units. Any calculation that results in a fraction of a unit shall be rounded up to the nearest whole number as the required number of affordable dwelling units to be provided.

(2)

A landscaped buffer with a minimum width of 20 feet shall be provided around all tract boundaries where the property abuts a residential use or zone. No buffer shall be required for any internal subdivision lines within the district.

(3)

Off-street parking and circulation facilities may encroach into a required landscaped buffer area, provided that the encroachment does not exceed more than 5% of the total area of the buffer, and that in no case is the buffer width reduced to less than five feet.

(4)

The residential components of any development project may incorporate a gated entrance for security purposes.

(5)

Belgium block curbing or straight curbs shall be permitted in residential developments.

(6)

The market-rate townhouse units may be developed as zero lot line subdivision without additional setback requirements in fee simple ownership or in the condominium form of ownership.

§ 220-94.6 Generational Housing 2 District.

[Added 12-12-2019 by Ord. No. 2019-14]

The following regulations shall apply to all development within the GH-2 District (EL at Marlboro/Marlboro Parke):

Purpose. The Generational Housing-2 District is provided in accordance with the terms of an order of the Superior Court in the matter of in Re: In the Matter of the Application of the Township of Marlboro for a Declaratory Judgement, Docket No. MON-L-2121-15, and with the terms of in Re: El at Marlboro 79 LLC v Township of Marlboro and the Planning Board of Marlboro, Docket No. MON-L-2974-15.

Permitted principal uses:

(1)

Attached single-family dwellings (townhouses).

(2)

Multifamily dwellings.

Accessory uses:

(1)

Signs.

(2)

Fences.

(3)

Structural retaining walls.

(4)

Off-street parking.

(5)

Patios, decks, terraces, porches, or balconies.

(6)

Maintenance garage building.

(7)

Solar panels.

(8)

Residential amenity spaces including clubhouses, swimming pools, playgrounds, picnic areas, and gathering spaces.

(9)

Dog runs.

(10)

Public and/or private utilities.

(11)

Temporary construction and sales trailers.

(12)

Management and leasing offices associated with the development.

(13)

Any use which is customarily incidental and subordinate to the principal use of the property.

Conditional uses:

(1)

Public utilities.

Area, yard, and building requirements:

(1)

The maximum permitted residential density shall be 280 total dwelling units within the district.

(2)

The minimum tract area for development shall be 25 acres.

(3)

The maximum impervious coverage for the entire tract shall be 65%.

(4)

The maximum building coverage for the entire tract shall be 35%.

(5)

The minimum distance between buildings shall be 20 feet.

(6)

Overall tract building setbacks:

Front yard: 50 feet.

Side yard: 40 feet.

Rear yard: 50 feet.

Overall building setbacks:

(a)

Front to front: 60 feet.

(b)

Front to side: 40 feet.

(c)

Side to side: 20 feet.

(d)

Rear to rear: 50 feet.

(e)

To any internal roadway or parking: 10 feet.

(8)

Attached single-family dwellings (townhouses):

(a)

Minimum lot area: 2,000 square feet.

(b)

Minimum lot width: 22 feet.

(c)

Minimum lot depth: 100 feet.

(d)

Maximum building height: three stories/40 feet.

(e)

Maximum number of dwellings per building: eight units.

(f)

Townhouse building setbacks:

[1]

Front yard: 20 feet.

[2]

Side yard (exterior wall): 10 feet.

[3]

Side yard (interior wall): zero feet.

[4]

Rear yard: 15 feet.

(g)

Maximum building coverage: 65%.

(h)

Maximum lot coverage: 90%.

(9)

Multifamily dwellings:

(a)

Maximum building height: three stories/45 feet.

(10)

Accessory structures:

(a)

Maximum building height: 15 feet.

(b)

Setbacks:

[1]

Side yard: three feet.

[2]

Rear yard: five feet.

[3]

Tract boundary: 25 feet.

Circulation requirements:

(1)

A boulevard street entry from Route 79 shall serve as the primary entrance driveway to any development.

(2)

A bikeway with a minimum width of 6.5 feet may be provided along the frontage of Route 79, and may be permitted to encroach within any front yard setback requirement.

(3)

All parking areas shall be setback a minimum of 25 feet from any tract boundary.

(4)

A sidewalk with a minimum width of four feet shall be provided on at least one side of every street.

Signage requirements:

(1)

A maximum of two monument signs shall be permitted at the entrance to a development along Route 79.

(a)

Monument signs shall be permitted to have a maximum height of eight feet.

(b)

Monument signs shall be permitted to have a maximum sign area of 100 square feet.

(c)

Monument signs shall be setback a minimum of 10 feet from the Route 79 right-of-way, and shall not interfere with any required sight distances.

(d)

The structure of any monument sign shall be primarily composed of stone or brick.

(2)

One temporary nonilluminated, double-sided advertising sign shall be permitted.

(a)

An advertising sign shall have a maximum height of eight feet.

(b)

An advertising sign shall have a maximum sign area of 32 square feet.

Other provisions.

(1)

A minimum of 20% of the total number of dwelling units, or 56 dwelling units, whichever is greater, must be non-age-restricted affordable rental units. Any calculation that results in a fraction of a unit shall be rounded up to the nearest whole number as the required number of affordable dwelling units to be provided.

(2)

A landscaped buffer with a minimum width of 25 feet shall be provided around all tract boundaries.

(3)

A minimum of 20% of the total tract area shall be set aside as conservation, recreation, or open space.

(4)

No more than half of the required open space or recreation set aside area shall be within wetlands, wetlands buffer areas, or 100-year floodplain areas, as determined by the most recent FEMA flood insurance rate maps.

(5)

Open space and recreation, both active and passive, may be satisfied by any walking paths throughout the community, all green lawn or landscaped areas outside of the building footprints, a tot lot, an outdoor pool, or a clubhouse.

(6)

Outdoor storage sheds for residential use shall be prohibited.

(7)

There shall be no bedroom limitations or requirements for any market-rate townhouse dwelling units.

§ 220-94.7 Generational Housing 3 District.

[Added 12-12-2019 by Ord. No. 2019-14]

The following regulations shall apply to all development within the GH-3 District (Weitz/Pallu):

Purpose. The Generational Housing-3 District is provided in accordance with the terms of an order of the Superior Court in the matter of in Re: In the Matter of the Application of the Township of Marlboro for a Declaratory Judgement, Docket No. MON-L-2121-15, and with the terms of in Re: Ashbel Associates, LLC, et al. v. Township of Marlboro, et al., Docket No. MON-L-3069-15. In accordance with the court matters identified above, certain properties located at Block 267, Lots 36 and 37, and Block 299, Lot 33, are to be donated to the Township for the purposes of open space or other municipal nonhousing use, in association with the development of any property located within the Generational Housing-3 District. Those properties are being rezoned to the newly created Recreation and Open Space District as a part of this section. In addition, three separate parcels which were party to this same court matters, known as Block 146 Lot 21, Block 146 Lot 23, and Block 207 Lot 5, are not to be rezoned, and have specifically been excluded from consideration from any zoning actions described in this section.

Permitted principal uses:

(1)

Multifamily dwellings.

Accessory uses:

(1)

Signs.

(2)

Fences.

(3)

Structural retaining walls.

(4)

Off-street parking.

(5)

Patios, decks, terraces, porches, or balconies.

(6)

Solar panels.

(7)

Residential amenity spaces including clubhouses, swimming pools, playgrounds, picnic areas, and gathering spaces.

(8)

Dog runs.

(9)

Public and/or private utilities.

(10)

Temporary construction and sales trailers.

(11)

Management or leasing offices associated with the development.

(12)

Any use which is customarily incidental and subordinate to the principal use of the property.

Conditional uses:

(1)

Public utilities.

Area, yard, and building requirements:

(1)

The maximum permitted residential density shall be a total of 387 residential dwelling units within the district.

(2)

The minimum tract area for development shall be 10 acres.

(3)

The maximum impervious coverage for the entire tract shall be 65%.

(4)

The maximum building coverage for the entire tract shall be 25%.

(5)

Overall tract building setbacks:

(a)

Texas Road: 130 feet.

(b)

Wooleytown Road: 75 feet.

(c)

Side yard: 50 feet.

(d)

Rear yard: 50 feet.

(e)

Building to roadway: 15 feet.

(6)

Multifamily dwellings:

(a)

Maximum number of dwelling units per building: 30 units.

(b)

Maximum building length: 220 feet.

(c)

Maximum building depth: 80 feet.

(d)

Maximum building height: three stories/45 feet.

(e)

Minimum building separation:

[1]

Front to front: 60 feet.

[2]

Side to side: 40 feet.

[3]

Rear to rear: 50 feet.

[4]

Front to side/rear: 40 feet.

[5]

Deviations of up to five feet from any of these minimum building separation requirements may be permitted as de minimis.

(7)

Accessory structures:

(a)

Maximum building height: 15 feet.

(b)

Setbacks:

[1]

Side yard: three feet.

[2]

Rear yard: five feet.

Circulation requirements:

(1)

A maximum of two access driveways shall be permitted on Texas Road.

(2)

A maximum of one access driveway shall be permitted on Wooleytown Road.

(3)

Parking setbacks:

(a)

Texas Road: 50 feet.

(b)

Wooleytown Road: 20 feet.

(c)

Buildings: 10 feet.

Signage requirements:

(1)

A maximum of one entrance sign shall be permitted per access driveway.

(a)

Any entrance sign shall be a monument sign composed of a stone base.

(b)

The maximum permitted height of an entrance sign shall be eight feet, on top of a stone base with a maximum height of two feet, for a maximum permitted total height of 10 feet.

(c)

The maximum permitted width of an entrance sign shall be eight feet.

(d)

The maximum permitted width of a stone base shall be 10 feet.

(e)

The maximum permitted sign area of an entrance sign shall be 40 square feet, exclusive of any stone base or other structural supports.

(f)

Any entrance sign shall be set back a minimum of 15 feet from a street right-of-way.

(g)

Any entrance sign shall be set back a minimum of eight feet from any internal road or driveway.

(h)

Entrance signs shall be permitted to be internally or externally illuminated.

(2)

A maximum of two building identification wall signs shall be permitted per building.

(a)

Building identification wall signs shall not exceed the height of the eave of the roof.

(b)

Building identification wall signs shall have a maximum permitted sign area of six square feet each.

(c)

Building identification wall signs shall be permitted to project from the face of the wall a maximum distance of six inches.

(3)

Directional signage shall be permitted as necessary for safe and efficient circulation on the site.

(a)

Directional signage shall have a maximum sign height of four feet.

(b)

Directional signage shall have a maximum sign area of 15 square feet per side.

(c)

Directional signage shall be setback a minimum of four feet from any street or driveway.

Other provisions:

(1)

A minimum of 20% of the total number of dwelling units, or 78 dwelling units, whichever is greater, must be non-age-restricted affordable rental units. Any calculation which results in a fraction of a unit shall be rounded up to the nearest whole number as the required number of affordable dwelling units to be provided.

(2)

A landscaped buffer with a minimum width of 20 feet shall be provided along all tract boundaries.

(3)

The provisions of § 220-43G, Tennis and sports courts, shall not apply unless such proposed uses are located within the tract boundaries.

(4)

Pools and other recreation features shall be permitted with a minimum setback of 20 feet from any residential dwelling, clubhouse, structure, or any other pool.

(5)

Drainage, utilities, driveways, and recreation facilities may be permitted to encroach within a required buffer area.

§ 220-94.8 Generational Housing 4 District.

[Added 12-12-2019 by Ord. No. 2019-14]

The following regulations shall apply to all development within the GH-4 District (Weitz/Ashbel):

Purpose. The Generational Housing-4 District is provided in accordance with the terms of an order of the Superior Court in the matter of in Re: In the Matter of the Application of the Township of Marlboro for a Declaratory Judgement, Docket No. MON-L-2121-15, and with the terms of in Re: Ashbel Associates, LLC, et al. v. Township of Marlboro, et al., Docket No. MON-L-3069-15. In accordance with the court matters identified above, certain properties located at Block 267, Lots 36 and 37, and Block 299, Lot 33, are to be donated to the Township for the purposes of open space or other municipal nonhousing use, in association with the development of any property located within the Generational Housing-3 District. Those properties are being rezoned to the newly created Recreation and Open Space District as a part of this section. In addition, three separate parcels which were party to this same court matters, known as Block 146 Lot 21, Block 146 Lot 23, and Block 207 Lot 5, are not to be rezoned, and have specifically been excluded from consideration from any zoning actions described in this section.

Permitted principal uses:

(1)

Multifamily dwellings.

Accessory uses:

(1)

Signs.

(2)

Fences.

(3)

Structural retaining walls.

(4)

Off-street parking.

(5)

Patios, decks, terraces, porches, or balconies.

(6)

Solar panels.

(7)

Residential amenity spaces including clubhouses, swimming pools, playgrounds, picnic areas, and gathering spaces.

(8)

Dog runs.

(9)

Public and/or private utilities.

(10)

Temporary construction and sales trailers.

(11)

Management or leasing offices associated with the development.

(12)

Any use which is customarily incidental and subordinate to the principal use of the property.

Conditional uses:

(1)

Public utilities.

Area, yard, and building requirements:

(1)

The maximum permitted residential density shall be a total of 120 residential dwelling units.

(2)

The minimum tract area for development shall be 10 acres.

(3)

The minimum tract width shall be 500 feet.

(4)

The minimum tract depth shall be 500 feet.

(5)

The maximum impervious coverage for the entire tract shall be 50%.

(6)

The maximum building coverage for the entire tract shall be 25%.

(7)

Overall tract building setbacks:

Texas Road: 75 feet.

Side yard: 50 feet.

Rear yard: 50 feet.

Building to roadway: 15 feet.

(8)

Multifamily dwellings:

(a)

Maximum number of dwelling units per building: 30 units.

(b)

Maximum building height: three stories/45 feet.

(c)

Maximum building length: 220 feet.

(d)

Maximum building depth: 80 feet.

(e)

Minimum building separation:

[1]

Front to front: 60 feet.

[2]

Side to side: 40 feet.

[3]

Rear to rear: 50 feet.

[4]

Front to side/rear: 40 feet.

[5]

Building to roadway: 15 feet.

[6]

Deviations of up to five feet from any of these minimum building separation requirements may be permitted as de minimis.

(9)

Accessory structures:

(a)

Maximum building height: 15 feet.

(b)

Setbacks:

[1]

Side yard: three feet.

[2]

Rear yard: five feet.

Circulation requirements:

(1)

A maximum of two access driveways shall be permitted on Texas Road.

(2)

Parking setbacks:

(a)

Texas Road: 40 feet.

(b)

Buildings: 10 feet.

Signage requirements:

(1)

A maximum of one entrance sign shall be permitted per access driveway.

(a)

Any entrance sign shall be a monument sign composed of a stone base.

(b)

The maximum permitted height of an entrance sign shall be eight feet, on top of a stone base with a maximum height of two feet, for a maximum permitted total height of 10 feet.

(c)

The maximum permitted width of an entrance sign shall be eight feet.

(d)

The maximum permitted width of a stone base shall be 10 feet.

(e)

The maximum permitted sign area of an entrance sign shall be 40 square feet, exclusive of any stone base or other structural supports.

(f)

Any entrance sign shall be setback a minimum of 15 feet from a street right-of-way.

(g)

Any entrance sign shall be setback a minimum of eight feet from any internal road or driveway.

(h)

Entrance signs shall be permitted to be internally or externally illuminated.

(2)

A maximum of two building identification wall signs shall be permitted per building.

(a)

Building identification wall signs shall not exceed the height of the eave of the roof.

(b)

Building identification wall signs shall have a maximum permitted sign area of six square feet each.

(c)

Building identification wall signs shall be permitted to project from the face of the wall a maximum distance of six inches.

(3)

Directional signage shall be permitted as necessary for safe and efficient circulation on the site.

(a)

Directional signage shall have a maximum sign height of four feet.

(b)

Directional signage shall have a maximum sign area of 15 square feet per side.

(c)

Directional signage shall be setback a minimum of four feet from any street or driveway.

Other provisions:

(1)

A minimum of 20% of the total number of dwelling units, or 24 dwelling units, whichever is greater, must be non-age-restricted affordable rental units. Any calculation which results in a fraction of a unit shall be rounded up to the nearest whole number as the required number of affordable dwelling units to be provided.

(2)

A landscaped buffer with a minimum width of 20 feet shall be provided along all tract boundaries.

(3)

Drainage, utilities, driveways, and recreation facilities may be permitted to encroach within a required buffer area.

§ 220-94.9 Generational Housing 5 District.

[Added 12-12-2019 by Ord. No. 2019-14]

The following regulations shall apply to all development within the GH-5 District (M&M):

Purpose. The Generational Housing-5 District is provided in accordance with the terms of an order of the Superior Court in the matter of in Re: In the Matter of the Application of the Township of Marlboro for a Declaratory Judgement, Docket No. MON-L-2121-15.

Permitted principal uses:

(1)

Attached single-family dwellings.

(2)

Multifamily dwellings.

Accessory uses:

(1)

Signs.

(2)

Fences.

(3)

Structural retaining walls.

(4)

Off-street parking.

(5)

Patios, decks, terraces, porches, or balconies.

(6)

Solar panels.

(7)

Residential amenity spaces including clubhouses, swimming pools, playgrounds, picnic areas, and gathering spaces.

(8)

Public and/or private utilities.

(9)

Temporary construction and sales trailers.

(10)

Management or leasing offices associated with the development.

(11)

Any use which is customarily incidental and subordinate to the principal use of the property.

Conditional uses:

(1)

Public utilities.

Area, yard, and building requirements:

(1)

The maximum permitted residential density shall be a total of 200 residential dwelling units.

(2)

The minimum tract area for development shall be 10 acres.

(3)

The maximum impervious coverage for the entire tract shall be 50%.

(4)

The maximum building coverage for the entire tract shall be 25%.

(5)

Overall tract building setbacks:

Route 79: 75 feet.

Side yard: 50 feet.

Rear yard: 50 feet.

Overall building setbacks:

(a)

Front to front: 60 feet.

(b)

Front to side: 40 feet.

(c)

Side to side: 25 feet.

(d)

Rear to rear: 50 feet.

(e)

To any internal roadway or parking: 10 feet.

(7)

Attached single-family dwellings (townhouses):

(a)

Minimum lot area: 2,000 square feet.

(b)

Minimum lot width: 20 feet.

(c)

Minimum lot depth: 100 feet.

(d)

Maximum building height: 3.5 stories/40 feet.

(e)

Maximum number of dwellings per building: six units.

(f)

Townhouse building setbacks:

[1]

Front yard: 20 feet.

[2]

Side yard (exterior wall): 10 feet.

[3]

Side yard (interior wall): zero feet.

[4]

Rear yard: 20 feet.

(g)

Maximum building coverage: 60%.

(h)

Maximum lot coverage: 85%.

(8)

Multi-family dwellings:

(a)

Maximum building height: 3.5 stories/45 feet.

(b)

Minimum building separation:

[1]

Front to front: 60 feet.

[2]

Side to side: 40 feet.

[3]

Rear to rear: 50 feet.

[4]

Front to side/rear: 40 feet.

(9)

Accessory structures:

(a)

Maximum building height: 15 feet.

(b)

Setbacks:

[1]

Side yard: three feet.

[2]

Rear yard: five feet.

Circulation requirements:

(1)

A maximum of one access driveway shall be permitted on Route 79.

(2)

Parking setbacks:

(a)

Route 79: 50 feet.

(b)

Buildings: 10 feet (excluding driveways for single-family dwellings).

Other provisions:

(1)

A minimum of 20% of the total number of dwelling units, or 40 dwelling units, whichever is greater, must be non-age-restricted affordable rental units. Any calculation which results in a fraction of a unit shall be rounded up to the nearest whole number as the required number of affordable dwelling units to be provided.

(2)

A landscaped buffer with a minimum width of 20 feet shall be provided along all tract boundaries.

(3)

Drainage, utilities, driveways, and recreation facilities may be permitted to encroach within a required buffer area.

§ 220-94.10 Generational Housing 6 District.

[Added 12-12-2019 by Ord. No. 2019-14]

The following regulations shall apply to all development within the GH-6 District (Buckdale):

Purpose. The Generational Housing-6 District is provided in accordance with the terms of an order of the Superior Court in the matter of in Re: In the Matter of the Application of the Township of Marlboro for a Declaratory Judgement, Docket No. MON-L-2121-15.

Permitted principal uses:

(1)

Detached single-family dwellings.

(2)

Attached single-family dwellings (townhouses).

Accessory uses:

(1)

Signs.

(2)

Fences.

(3)

Structural retaining walls.

(4)

Off-street parking.

(5)

Patios, decks, terraces, porches, or balconies.

(6)

Solar panels.

(7)

Residential amenity spaces including clubhouses, swimming pools, playgrounds, picnic areas, and gathering spaces.

(8)

Public and/or private utilities.

(9)

Temporary construction and sales trailers.

(10)

Management or leasing offices associated with the development.

(11)

Any use which is customarily incidental and subordinate to the principal use of the property.

Conditional uses:

(1)

Public utilities.

Area, yard, and building requirements:

(1)

The maximum permitted residential density shall be a total of 45 residential dwelling units.

(2)

The minimum tract area for development shall be 10 acres.

(3)

The maximum impervious coverage for the entire tract shall be 60%.

(4)

The maximum building coverage for the entire tract shall be 32%.

(5)

Overall tract building setbacks:

(a)

Buckley Road: 50 feet.

Route 79: 100 feet.

Side yard: 50 feet.

Rear yard: 50 feet.

Detached single-family dwellings:

(a)

Minimum lot area: 4,000 square feet.

(b)

Minimum average unit width: 30 feet.

(c)

Maximum building height: three stories/35 feet.

(d)

Minimum detached single-family building setbacks:

[1]

Front yard: 25 feet.

[2]

Side yard (one side): zero feet.

[3]

Side yard (combined): 10 feet.

[4]

Rear yard: 25 feet.

(e)

Maximum building coverage: 60%.

(f)

Maximum lot coverage: 85%.

(7)

Attached single-family dwellings (townhouses):

(a)

Minimum lot area: 2,000 square feet.

(b)

Minimum lot width: 20 feet.

(c)

Minimum lot depth: 100 feet.

(d)

Maximum building height: three stories/35 feet.

(e)

Maximum number of dwellings per building: six units.

(f)

Minimum townhouse building setbacks:

[1]

Front yard: 20 feet.

[2]

Side yard (exterior wall): 10 feet.

[3]

Side yard (interior wall): zero feet.

[4]

Rear yard: 20 feet.

[5]

Distance between buildings: 25 feet.

(8)

Accessory structures:

(a)

Maximum building height: 15 feet.

(b)

Setbacks:

[1]

Side yard: three feet.

[2]

Rear yard: five feet.

Other provisions:

(1)

A minimum of 20% of the total number of dwelling units, or nine dwelling units, whichever is greater, must be non-age-restricted affordable rental units. Any calculation which results in a fraction of a unit shall be rounded up to the nearest whole number as the required number of affordable dwelling units to be provided.

(2)

(3)

No recreation space or amenities shall be required within the GH-6 District.

(4)

The maximum permitted size of any deck or patio shall be 10 feet in width by 10 feet in depth.

§ 220-94.11 Generational Housing 7 District.

[Added 12-12-2019 by Ord. No. 2019-14]

The following regulations shall apply to all development within the GH-7 District (Wildflower):

Purpose. The Generational Housing-7 District is provided in accordance with the terms of an order of the Superior Court in the matter of in Re: In the Matter of the Application of the Township of Marlboro for a Declaratory Judgement, Docket No. MON-L-2121-15.

Permitted principal uses:

(1)

Detached single-family dwellings.

(2)

Attached single-family dwellings (townhouses).

(3)

Multifamily dwellings.

Accessory uses:

(1)

Signs.

(2)

Fences.

(3)

Structural retaining walls.

(4)

Off-street parking.

(5)

Patios, decks, terraces, porches, or balconies.

(6)

Solar panels.

(7)

Residential amenity spaces including clubhouses, swimming pools, playgrounds, picnic areas, and gathering spaces.

(8)

Public and/or private utilities.

(9)

Temporary construction and sales trailers.

(10)

Management or leasing offices associated with the development.

(11)

Any use which is customarily incidental and subordinate to the principal use of the property.

Conditional uses:

(1)

Public utilities.

Area, yard, and building requirements:

(1)

The maximum permitted residential density shall be a total of 258 residential dwelling units within the district.

(2)

The minimum tract area for development shall be two acres.

(3)

Detached single-family dwellings:

(a)

Minimum lot area: 6,000 square feet.

(b)

Minimum lot width: 40 feet.

(c)

Minimum lot depth: 90 feet.

(d)

Maximum building height: three stories/35 feet.

(e)

Minimum detached single-family building setbacks:

[1]

Front yard: 20 feet.

[2]

Side yard (one side): five feet.

[3]

Side yard (combined): 15 feet.

[4]

Rear yard: 20 feet.

(f)

Maximum building coverage: 60%.

(g)

Maximum lot coverage: 50%.

(4)

Attached single-family dwellings (townhouses):

(a)

Minimum lot area: 2,000 square feet.

(b)

Minimum lot width: 20 feet.

(c)

Minimum lot depth: 100 feet.

(d)

Maximum building height: three stories/35 feet.

(e)

Maximum number of dwellings per building: six units.

(f)

Minimum townhouse building setbacks:

[1]

Front yard: 10 feet.

[2]

Side yard (exterior wall): 10 feet.

[3]

Side yard (interior wall): zero feet.

[4]

Rear yard: 20 feet.

[5]

Distance between buildings: 20 feet.

(5)

Multifamily dwellings:

(a)

Minimum lot area: two acres.

(b)

Minimum lot width: 125 feet.

(c)

Minimum lot depth: 125 feet.

(d)

Maximum building height: four stories/50 feet.

(e)

Minimum building setbacks:

Front yard: 10 feet.

Side yard: 10 feet.

Rear yard: 10 feet.

Distance between buildings: 20 feet.

(f)

Maximum lot coverage: 80%.

(6)

Accessory structures:

(a)

Maximum building height: 15 feet.

(b)

Setbacks:

[1]

Side yard: three feet.

[2]

Rear yard: five feet.

Other provisions:

(1)

One hundred percent of all residential dwelling units constructed within the Generational Housing 7 District shall be affordable dwelling units other than up to two superintendent's units, as the superintendent's units are not required to be deed restricted as affordable housing units.

(2)

All new construction of affordable dwelling units shall incorporate an even split between low- and moderate-income units. In the event that an even split results in a fraction of a dwelling unit, the additional dwelling unit shall be permitted to be a low-income unit within the GH-7 District. Thirteen percent of all affordable dwelling units shall be very-low-income units as defined in the Fair Housing Act. The bedroom distribution shall be as required by N.J.A.C. 5:80-26.3 and the very-low-income, low-income, and moderate-income units shall be proportionally distributed within each bedroom category.

(3)

No recreation space or amenities shall be required within the GH-7 District.

(4)

A landscaped buffer with a minimum width of 15 feet shall be provided along all tract boundaries.

§ 220-94.12 Generational Housing 8 Overlay District.

[Added 12-12-2019 by Ord. No. 2019-14]

The following regulations shall be applicable to all property within the GH-8 District (Motor Lodge) as an overlay district.

Purpose. The Generational Housing-8 District is provided in accordance with the terms of an order of the Superior Court in the matter of in Re: In the Matter of the Application of the Township of Marlboro for a Declaratory Judgement, Docket No. MON-L-2121-15. The regulations found within this section shall serve as an overlay to the underlying zoning. Development may be permitted under either these overlay district standards, or the underlying zoning. There shall be no mixing of overlay or underlying standards for any development.

Permitted principal uses:

(1)

Detached single-family dwellings.

(2)

Attached single-family dwellings (townhouses).

(3)

Multifamily dwellings.

Accessory uses:

(1)

Signs.

(2)

Fences.

(3)

Structural retaining walls.

(4)

Off-street parking.

(5)

Patios, decks, terraces, porches, or balconies.

(6)

Solar panels.

(7)

Residential amenity spaces including clubhouses, swimming pools, playgrounds, picnic areas, and gathering spaces.

(8)

Public and/or private utilities.

(9)

Temporary construction and sales trailers.

(10)

Management or leasing offices associated with the development.

(11)

Any use which is customarily incidental and subordinate to the principal use of the property.

Conditional uses:

(1)

Public utilities.

Area, yard, and building requirements:

(1)

The maximum permitted residential density shall be a total of 92 residential dwelling units.

(2)

The minimum tract area for development shall be three acres.

(3)

The maximum impervious coverage for the entire tract shall be 60%.

(4)

The maximum building coverage for the entire tract shall be 32%.

(5)

Overall tract building setbacks:

Route 9: 30 feet.

Side yard: 30 feet.

Rear yard: 50 feet.

Detached single-family dwellings:

(a)

Minimum lot area: 6,000 square feet.

(b)

Minimum lot width: 40 feet.

(c)

Minimum lot depth: 90 feet.

(d)

Maximum building height: three stories/35 feet.

(e)

Minimum detached single-family building setbacks:

[1]

Front yard: 20 feet.

[2]

Side yard (one side): five feet.

[3]

Side yard (combined): 15 feet.

[4]

Rear yard: 20 feet.

(f)

Maximum building coverage: 60%.

(g)

Maximum lot coverage: 50%.

(7)

Attached single-family dwellings (townhouses):

(a)

Minimum lot area: 2,000 square feet.

(b)

Minimum lot width: 20 feet.

(c)

Minimum lot depth: 100 feet.

(d)

Maximum building height: three stories/35 feet.

(e)

Maximum number of dwellings per building: six units.

(f)

Minimum townhouse building setbacks:

[1]

Front yard: 10 feet.

[2]

Side yard (exterior wall): 10 feet.

[3]

Side yard (interior wall): zero feet.

[4]

Rear yard: 20 feet.

[5]

Distance between buildings: 20 feet.

(8)

Multifamily dwellings:

(a)

Minimum lot area: two acres.

(b)

Minimum lot width: 125 feet.

(c)

Minimum lot depth: 125 feet.

(d)

Maximum building height: four stories/50 feet.

(e)

Minimum building setbacks:

Front yard: 10 feet.

Side yard: 10 feet.

Rear yard: 10 feet.

Distance between buildings: 20 feet.

(f)

Maximum lot coverage: 80%.

(9)

Accessory structures:

(a)

Maximum building height: 15 feet.

(b)

Setbacks:

[1]

Side yard: three feet.

[2]

Rear yard: five feet.

Other provisions:

(1)

One hundred percent of all residential dwelling units constructed within the Generational Housing 8 Overlay District shall be age-restricted affordable rental dwelling units other than one superintendent's unit, as the superintendent's unit is not required to be deed restricted as an affordable housing unit.

(2)

All new construction of affordable dwelling units shall incorporate an even split between low- and moderate-income units. In the event that an even split results in a fraction of a dwelling unit, the additional dwelling unit shall be permitted to be a low-income unit within the GH-8 District. Thirteen percent of all affordable dwelling units shall be very-low-income units as defined in the Fair Housing Act. The bedroom distribution shall be as required by N.J.A.C. 5:80-26.3 and the very-low-income, low-income, and moderate-income units shall be proportionally distributed within each bedroom category.

(3)

No recreation space or amenities shall be required within the GH-8 District.

(4)

A landscaped buffer with a minimum width of 20 feet shall be provided along all tract boundaries.

§ 220-95 Fences.

Fences hereafter erected, altered or reconstructed in any zone in the Township of Marlboro shall be open fences not to exceed three feet in height above ground level when located in a front yard area, or five feet on a lot of six or more acres of farmland, or fences not to exceed six feet in height above ground level in any side or rear yard areas, except as follows:

(1)

Open wire fences not exceeding eight feet in height may be erected in the rear or side yard areas in any commercial or industrial zone district.

(2)

Open wire fences not exceeding eight feet in height may be erected within public park, public playground or public school properties.

(3)

Fences enclosing commercial or private club pools shall adhere to the requirements of § 220-96 of this chapter.

(4)

Fences specifically required by this section.

(5)

For corner properties, fences in front yards may be permitted on setback lines, provided that the setback lines are no further from the principal structure than four feet. No such fence, however, shall be permitted across the entire width of that part of the property where the front door or entrance to the premises is located.

[Added 6-24-1993 by Ord. No. 31-93]

(6)

Certain zones such as the PAC II and any other zones as may be amended from time to time may have particular restrictions which shall apply due to the nature and type of construction within that zone. Restrictive clauses which apply to all zones shall continue to apply even where a particular zone has additional restrictions. In all cases the more restrictive clause is applicable.

[Added 9-25-1997 by Ord. No. 21-97]

(7)

Lots with frontage on more than one street, excluding corner lots. The requirements of this section shall apply for lots with two lot frontages, excluding corner lots, when the owner seeks to erect a fence to create a usable rear yard, heretofore their second front yard.

[Added 4-29-1999 by Ord. No. 1999-3]

(a)

The owner may designate a front and rear yard in accordance with the following:

[1]

If the lot contains a principal structure, the front will be reconsidered the direction the principal structure faces.

[2]

If the lot does not contain a principal structure, the smaller of the two lot lines coexistent with street lines shall be considered as the lot frontage.

(b)

Property owners who would erect a fence within the designated rear yard may do so provided that:

[1]

A fence must be erected 20 feet from the property line but in no event closer than 10 feet from any sidewalk.

[2]

Notwithstanding the provisions of § 220-95A to the contrary, a fence permitted under this section must be a six-foot high wooden fence known as a "shadow box" or "board on board," constructed with one-inch by four-inch boards, a PVC fence, or a Jerith fence. The wooden fence must also have a plain post. The side of the wooden fence facing the Township street must remain a natural color. However, that side may be treated so long as it is not stained in other than a natural wood color.

[Amended 5-9-2002 by Ord. No. 2002-13]

[3]

The area between the fence and the property line must be landscaped in a diamond pattern. The landscaping shall consist of a double row of white pine, white fir, Fraser fir, Colorado spruce, Douglas Fir or Norway spruce and having a minimum size of three feet to four feet. The trees must be balled and burlapped. The trees shall be so located as to be 20 feet from center to center. The second row of trees shall be six feet behind the first row planted, however, in a diamond pattern. The trees shall be offset seven feet from the property line and the fence.

(c)

As a condition of the issuance of any permit under this section, the homeowner shall remain responsible for the maintenance and upkeep of the area between the fence and the street.

(8)

Corner lots or lots having more than two front yards. The requirements of this section shall apply for lots with more than two front yards when the owner seeks to erect a fence to create a usable side yard, heretofore their second or third front yard.

[Added 4-29-1999 by Ord. No. 1999-3]

(a)

The owner may designate a front, side and rear yard in accordance with the following:

[1]

If the lot contains a principal structure, the front will be considered the direction the principal structure faces. The rear yard will be considered the opposite direction from the direction the principal structure faces. The remaining front yard(s) will be considered as a side yard or yards.

[2]

If the lot does not contain a principal structure, the smaller of the lot lines coexistent with street lines shall be considered as the lot frontage.

(b)

Property owners who would erect a fence within the designated rear yard may do so provided that:

[1]

The fence may start at the rear corner of the principal structure. A fence must be erected 20 feet from the property line, but in no event closer than 10 feet from any sidewalk.

[2]

Notwithstanding the provisions of § 220-95A to the contrary, a fence permitted under this section must be a six-foot-high wooden fence known as a "shadow box" or "board on board," constructed with one-inch by four-inch boards, a PVC fence, or a Jerith fence. The wooden fence must also have a plain post. The side of the wooden fence facing the Township street must remain a natural color. However, that side may be treated so long as it is not stained in other than a natural wood color.

[Amended 5-9-2002 by Ord. No. 2002-13]

[3]

The area between the fence and the property line must be landscaped in a diamond pattern. The landscaping shall consist of a double row of white pine, white fir, Fraser fir, Colorado spruce, Doublas fir or Norway spruce and having a minimum size of three to four feet. The trees must be balled and burlapped. The trees shall be so located as to be 20 feet from center to center. The second row of trees shall be six feet behind the first row planted, however, in a diamond pattern. The trees shall be offset seven feet from the property line and the fence.

(c)

As a condition of the issuance of any permit under this section, the homeowner shall remain responsible for the maintenance and upkeep of the area between the fence and the street.

(9)

Fences not exceeding 12 feet in height for any property in a residential zone that has a side or rear yard that abuts the right-of-way of Route 18, provided that the fence may not be constructed on a berm that exceeds four feet in height, and further provided that if a fence is located on a berm that is equal to or less than four feet in height, the total height of the fence and the berm cannot exceed 16 feet in height. In addition, the following shall apply to all fences erected pursuant to this subsection:

[Added 6-26-2008 by Ord. No. 2008-20]

(a)

The side or rear yard fence may be erected on the side or rear lot line that abuts the right-of-way of Route 18.

(b)

A side or rear yard fence permitted under this subsection must be constructed of wood, wood composite, or other solid materials that shall have the ability to absorb sound. The side or rear yard fence must also have a plain post and the side of the fence facing the highway must remain a natural color. However, the side of the fence that faces Route 18 may be treated so long as it is not stained in other than a natural wood color.

(c)

If the side or rear yard fence is not erected on the lot-line that abuts the right-of-way of Route 18, then the area between the fence and the Route 18 right-of-way must be landscaped in a diamond pattern. The landscaping shall consist of a double row of White Pine, White Fir, Fraser Fir, Colorado Spruce, Fir or Norway Spruce trees having a minimum size of three feet to four feet in height. The trees must be balled and burlapped. The trees shall be so located as to be 20 feet from center to center. The second row of trees shall be six feet behind the first row planted, however, in a diamond pattern. The trees shall be offset five feet from the property line and the fence. As a condition of the issuance of any permit under this subsection, the homeowner shall remain responsible for the maintenance and upkeep of the area between the fence and right-of-way of Route 18.

(d)

All side or rear yard fences erected pursuant to this section must be erected to present a uniform top height; no gaps or other variations in top height are permitted.

Every fence shall be maintained in a safe, sound, upright condition and shall be erected with the framework or supporting structure facing the inside of the lot.

All fences must be erected within the property lines, and no fence shall be erected so as to encroach upon any easement or right-of-way, unless an agreement permitting the erection of the fence is executed with the owner of the affected easement or right-of-way, and the location of the fence would otherwise conform to the Township's Zoning Ordinance and does not impair the purpose or function of the easement or right-of-way. The agreement shall contain a provision stating that if access to the affected easement or right-of-way is required, removal and replacement of the subject fence shall be at the sole expense of the owner of the fence. Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.

[Amended 5-9-2002 by Ord. No. 2002-13]

The following fences and fencing materials are specifically prohibited in all zone districts in the Township of Marlboro: barbed wire unless the lot is more than six acres, canvas, cloth, electric, expandable and collapsible fences.

If the Building Inspector, upon inspection, determines that any fence or portion of any fence is not being maintained in a safe, sound or upright condition, he shall notify the owner of such fence in writing of his findings and state briefly the reasons for such findings and order such fence or portion of such fence repaired or removed within 30 days of the date of the written notice.

These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.

The following requirements shall apply to fences around privately owned pools:

(1)

Fences around pools shall effectively enclose pools all around. Enclosure which is partially effected by the dwelling itself shall not be deemed an adequate enclosure.

(2)

Fences must be equipped with an appropriate locking device such as latch and padlock or chain and padlock, or a similarly dependable device, approve by the Building Inspector, which ensures that the gate cannot be opened except with a suitable key.

(3)

Wooden fences shall be flush on the outside and nonclimbable from the outside. On chain link fences, mesh size openings (diamond or square pattern) shall not exceed 1 1/2 inches in any direction measured between parallel fabric strands. The mesh shall be a minimum of No. 9 gauge (0.148 inch in diameter) or as otherwise approved by the Building Inspector and shall be made of an approved material and coating.

(4)

The fence must be properly anchored and soundly constructed so that it will withstand the following fifty-pound topple test: a fifty-pound force applied horizontally to the surface of the fence about four feet above the ground at any point along the fence should cause a deflection of not more than three inches, and the fence should elastically return to its original position following the release of the horizontal force.

No fence shall be constructed in any zone other than a residential zone without a zoning permit and site plan approval in accordance with the site plan regulations of the Township of Marlboro. Construction of a fence in a residential zone shall not begin until a zoning permit and a building permit have been obtained from the Township of Marlboro.

[Added 5-23-1991 by Ord. No. 11-91]

§ 220-96 Commercial or private club swimming pool.

Location of clubhouse or bathhouse. The clubhouse or bathhouse for an outdoor commercial or private club swimming pool shall be set back not less than 150 feet from the front property line and not closer than 100 feet to the side and rear property lines. However, no clubhouse or bathhouse shall be required for a hotel or motel.

Pool location. An outdoor commercial or private club swimming pool shall be located not less than 35 feet from the side or rear of the clubhouse, bathhouse, motel or hotel on the building lot and not less than 200 feet from the front property line and not less than 100 feet from the side or rear property line.

Off-street parking. Ample parking space shall be provided in an area or areas located not less than 100 feet from the front property line and not less than 60 feet from side or rear property line and providing a total area equal to 350 square feet for each car space.

[Amended 2-27-1997 by Ord. No. 3-97]

Size of pool.

(1)

A swimming pool for a private club limited to a maximum of 100 members shall have a minimum size of 1,800 square feet, and for each additional 25 members or fraction thereof, the pool shall be enlarged by 450 square feet.

(2)

For a commercial swimming pool limited to a total of 100 lockers or baskets for bathers' clothing, the minimum size of the pool shall be 2,000 square feet, and for every additional 25 lockers or baskets or fraction thereof, the pool shall be enlarged by 500 square feet.

Swimming section. The diving section shall be greater than 5.5 feet in depth; the nondiving sections shall be less than 5.5 feet in depth. The area reserved around each diving board or platform provided for diving purposes shall be not less than 300 square feet.

Pump location. The pump of a filtration or pumping system of a commercial swimming pool or private club pool shall be located not less than 75 feet from any side or rear property line.

Lounging and spectator area. In addition to the decks or walks surrounding the swimming pool, an area shall be provided for lounging or spectator use.

Clubhouse and bathhouse facilities. The clubhouse or bathhouse shall be equipped with separate facilities for men and women. These facilities shall include adequate dressing rooms, lockers, showers and toilets.

Wading pool. A swimming pool for private club or commercial use shall provide a separate wading pool.

Pool enclosure. To provide safety and a degree of privacy, an outdoor swimming pool for private club or commercial use shall be surrounded entirely by a suitable, strong, tight fence capable of holding a live load of 250 pounds between posts located not more than eight feet apart; however, one or more sides of the clubhouse or bathhouse may serve as a part of the enclosure. The fence shall be located not less than 15 feet from the closest edge of the pool. The fence shall be from eight feet to 10 feet high, having no opening larger than a two-inch square. All supports shall be inside of the fence and the top of such support shall be at least one inch lower than the top of the fence.

Gate. Any opening or openings in the fence to afford entry to the pool shall be equipped with a substantial gate similar to the fence and extending from no less than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, open outwardly only and be equipped with a lock and key or chain and padlock and shall be kept locked except when the pool is in use.

Lighting. A complete system of artificial lighting shall be provided for a swimming pool, including lounging and parking areas, which is operated by a private club or for commercial use. Arrangement and design of lights shall be such that all parts of the pool and its appurtenances shall be clearly visible to attendants. All lighting fixtures shall be shielded so as to prevent any direct beam from falling upon any adjoining property. Overhead wires shall not be carried across the swimming pool and wading pool proper, decks and lounging areas. Underwater lighting shall be designed, installed and grounded so as not to create a hazard to bathers.

Noise. No sound-amplifying system shall be operated or other activities permitted at any swimming pool for commercial or private club use which shall cause undue noise or constitute a nuisance to the surrounding neighbors. Closing time shall be at 10:30 p.m.

Maintenance and inspection.

(1)

Swimming pools for commercial or private club use shall be maintained in good working order and in a safe and sanitary condition at all times as specified by the swimming pool standards of the Township's Board of Health. The area surrounding the pool, its enclosures, parking area and lounging areas shall be kept neat, in good order and attractive so as to be in conformity with the surrounding properties. No rubbish, debris or litter of any kind shall be permitted at any time.

(2)

Any swimming and wading pool for commercial or private club use, including bath- or clubhouse, bathing, wading, lounging and parking areas and all enclosures, shall be subject to inspection at any time by the Health Officer or Police Department of the Township of Marlboro.

§ 220-97 Off-street parking regulations. [1]

General provisions.

(1)

Off-street parking space shall be provided as further specified in this chapter and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated, and no such space shall be encroached upon or reduced in any manner. All parking areas, passageways and driveways shall be constructed in accordance with the design specifications of the subdivision provisions of this chapter. Landscaping consisting of attractive trees, shrubs, plants and grass lawns shall be required and planted in accordance with the site plans. Special buffer planting shall be provided along the side and rear property lines so as to provide protection to adjacent properties when such lot lines abut residential zones or uses.

(2)

None of the off-street parking facilities that are required in this chapter shall be required for any existing building or use unless said building or use shall be enlarged, in which case the provisions of this chapter, at the discretion of the Planning Board, shall apply only to the enlarged portions of the building or use.

(3)

The collective provision of off-street parking area by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.

(4)

All parking areas and appurtenant passageways and driveways serving commercial and industrial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation upon the premises. Adequate shielding shall be provided by commercial and industrial users to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights. The operator of any commercial or industrial premises may reduce the amount of lighting after 12:00 midnight by not more than 50% of the total lighting required during the period between sunset and sunrise.

(5)

Parking areas may be located in any rear or side yard, but may not be located in any required front yard area except where specifically permitted elsewhere in this chapter.

(6)

Parking spaces, driveways and aisles shall be clearly marked and delineated. For safety and fire-fighting purposes, free access between adjacent parking areas shall be provided.

(7)

It shall be the responsibility of the owner of the property to maintain all off-street parking, loading and unloading areas, driveways, aisles and accessways in good condition, free of sagging condition, potholes, cracked pavement, etc. All lighting, bumpers, markings, signs, drainage and landscaping shall be similarly kept in workable, safe and good condition. Parking space striping shall be inspected periodically by the Township Engineer every three years. If the condition of the striping has deteriorated to a condition deemed by the Township Engineer to warrant renewal, the owner shall repair the markings to the satisfaction of the Township Engineer. Irrespective of the above-described inspection period, if the Township Engineer or the Division of Highway Safety of the Township Police Department determines that the layout of the parking space lines, curbs, islands or other traffic guidance features is such as to adversely affect safety, the Township Engineer can require the owner to redesign and install such traffic guidance and parking features. Where such redesign is ordered by the Township Engineer, the revised design must be reviewed and approved by the Township Planning Board prior to the start of repairs, construction and/or repainting. If the owner fails to undertake repairs after proper notification by the Township Engineer, the governing body may authorize repairs to be made at the owner's expense if, in the governing body's opinion, conditions constitute a hazard to the safety and welfare of the Township residents and visitors or may revoke the owner's certificate of occupancy and require the property to be vacated.

[Amended 12-11-1986 by Ord. No. 54-86; 12-10-2009 by Ord. No. 2009-35]

Each off-street parking space shall measure not less than 10 feet by 20 feet, exclusive of access drives and aisles, except that parallel curb parking spaces shall be nine feet by 23 feet. Angle parking dimensions shall be as per § 220-169H.

[Amended 12-11-1986 by Ord. No. 54-86]

Access aisles and driveways.

(1)

No access drive, driveways, pathways or any other means of egress or ingress shall be located in any residential zone to provide access to uses other than those permitted in any such residential zone.

(2)

All driveways shall cross sidewalk areas at grade.

(3)

No driveway to or from a parking area shall be located closer than 100 feet to the nearest right-of-way line of an intersecting street. However, no driveway to or from a parking area of any major use (such as a shopping center or industrial use) which in the opinion of the Planning Board will generate large traffic volumes shall be located closer than 200 feet to the nearest right-of-way line of an intersecting street.

(4)

Driveways shall have a minimum width of 12 feet for one-way traffic and 25 feet for two-way traffic for single-family residences, and a minimum width of 20 feet for one-way traffic and 25 feet for two-way traffic for all other uses.

(5)

Aisles from which cars directly enter or leave parking spaces shall be as per § 220-169H.

[Amended 12-11-1986 by Ord. No. 54-86]

(6)

Parking areas shall be so arranged as to provide adequate access to all buildings in case of fire or other emergency. The developer shall post adequate signs and provide pavement markings, approved by the Planning Board, prohibiting such parking and designating such areas as fire zones.

[Amended 1-3-2019 by Ord. No. 2018-23]

(7)

All off-street parking, off-street loading and service areas and outdoor dining and/or seating areas shall be separated from walkways, sidewalks, streets or alleys by curbing and other protective devices, such as bollards, approved by the Planning Board.

[Added 1-3-2019 by Ord. No. 2018-23]

Sidewalks and curbing. Sidewalks with a minimum width of four feet shall be provided in all parking areas for five or more vehicles, between parking areas and principal structures, along aisles and driveways and wherever pedestrian traffic shall occur. Sidewalks must be raised six inches above the parking area except where crossing streets or driveways, and curbed as a protection to pedestrians using the walks. Sidewalks and parking areas must be arranged to prevent cars from overhanging or extending over sidewalk areas.

Parking areas in commercial and industrial districts.

(1)

Off-street parking areas which abut a residential or institutional use on any side shall be set back a minimum of 25 feet from the lot line and adequately buffered and screened from such use with planting or fencing, subject to the approval of the Planning Board and in accordance with the provisions of § 220-100 of this chapter.

(2)

Not more than two driveways used as a means of ingress or egress for nonresidential off-street parking areas shall be permitted for each 600 feet of frontage on a public street, nor shall any driveway be located closer than 100 feet to the intersection of two public streets.

(3)

All parking areas for 10 or more vehicles shall be landscaped with hedges and shade trees of a type and quantity approved by the Planning Board.

(4)

All parking areas for 20 or more vehicles shall contain grassed or landscaped island areas of at least six feet in width separating rows of parking spaces in accordance with the provisions of § 220-169H. Such island areas shall be spread throughout the parking area in accordance with a site plan approved by the Planning Board and shall occupy a minimum of 10% of the area formed by the outer perimeter of the paved parking area. The island areas shall contain a minimum of one shade tree for each 10 parking spaces in the parking area and shall be landscaped in accordance with a landscaping plan approved by the Planning Board.

[Amended 12-11-1986 by Ord. No. 54-86; 9-27-1990 by Ord. No. 43-90]

(5)

For commercial and all nonresidential uses in business districts, required parking shall be provided within 150 feet of such use, measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve.

(6)

All parking areas for 10 or more motor vehicles shall have artificial lighting that will provide an average lighting level of 0.5 horizontal footcandle throughout the parking area. The minimum lighting level at any location within the parking area shall be 75% of the average level. Freestanding light poles shall be no higher than the height of the highest principal building served by the parking area, plus five feet.

[Amended 6-13-1985 by Ord. No. 16-85]

Required off-street parking spaces.

[Amended 7-18-1985 by Ord. No. 24-85; 2-13-1986 by Ord. No. 43-85; 6-11-1987 by Ord. No. 26-87; 11-19-1987 by Ord. No. 58-87; 9-27-1990 by Ord. No. 43-90; 5-25-1995 by Ord. No. 22-95; 2-27-1997 by Ord. No. 3-97; 12-17-2009 by Ord. No. 2009-42]

(1)

One-family dwelling units, including townhouses: two parking spaces per dwelling unit.

(2)

Garden apartments and townhouses in a multifamily district: 2.5 parking spaces per dwelling unit. Garages, where provided, may be considered as the equivalent of one parking space for the purpose of this provision.

(3)

Trailer parks: two parking spaces per trailer lot.

(4)

Shopping centers of 200,000 square feet in gross floor area or greater shall require 4.5 parking spaces per 1,000 square foot gross floor area, except that only 5% of the required parking can be located behind the building to meet the requirement. This parking space criteria supersedes the individual parking space criteria required for each of the individual uses found in the center, due to the shared use aspect of the combined shopping center.

(5)

Parks and other outdoor recreation sites: five parking spaces for each gross acre of land up to 50 acres, and one parking space per gross acre of land above 50 acres.

(6)

Private and parochial schools. The off-street parking requirements are provided for under § 220-104D of this chapter.

(7)

Public utilities. The off-street parking requirements are provided for under § 220-106F of this chapter.

(8)

Philanthropic and eleemosynary uses. The off-street parking requirements are provided for under § 220-107E of this chapter.

(9)

Motels. See the requirements contained in § 220-111N of this chapter, as well as those specified in § 220-97F(11) below.

(10)

Nursing homes. The off-street parking requirements are provided for under § 220-115 of this chapter.

(11)

Other uses:

	Commercial	Required Off-Street Parking Spaces per Indicated Area
	Commercial educational uses including recreational, athletic, and/or artistic activities, including martial arts school, dance school, art school and pilates/yoga studio	Shall meet the recommendations of the ITE Parking Generation Manual, third or most-current edition.
	Convenience or grocery store, less than 2,500 square feet	1 per 100 square feet of gross floor area
	Convenience or grocery store or supermarket, more than 2,500 square feet	1 per 150 square feet of gross floor area
	General retail or service store	1 per 200 square feet of gross floor area
	Furniture store	1 per 500 square feet of gross floor area
	Bank	1 per 200 square feet of gross floor area (plus drive-through reservoir)
	Restaurant, standard	1 per 3 seats
	Restaurant, fast-food	1 per 1.5 seats (plus drive-through reservoir)
	All drive-throughs	Reservoir capacity equal to six spaces per window
	Bar, tavern, nightclub	1 per 2 seats
	Hotel, motel	1 per room/suite, plus one per employee, plus 1 per every 2 persons of the maximum capacity of each public meeting and/or banquet room, plus additional space in accordance with this table for restaurants, bars or other facilities
	Indoor recreation uses including assembly halls, theaters, bowling alleys and other similar commercial recreational activity, provided said use is carried on within a building	Shall meet the recommendations of the ITE Parking Generation Manual, third or most-current edition.
	Service station	5 per bay or work area
	Car wash	Reservoir capacity equal to 12 per lane
	Automobile sales	3 per employee
	Laundromat	1 per 2 washing machines
	Personal services (beauty, barber and similar shops)	4 per chair
	Offices
	Funeral home	2 per 50 square feet of public floor area
	Home occupation, except medical, dental or veterinary	2 per occupation
	Medical, dental or veterinary	Shall meet the recommendations of the ITE Parking Generation Manual, third or most-current edition
	General office	1 per 250 square feet of gross floor area
	Research	1 per 1,000 square feet of gross floor area
	Industrial
	Manufacturing, assembly, finishing	1 per 800 square feet of gross floor area
	Warehouse, storage, distribution, shipping, receiving	1 per 5,000 square feet of gross floor area
	Other industrial	1 per employee on largest shift, plus 1 per company vehicle regularly stored on premises
	Institutional
	Hospital	2 per bed or one per 150 square feet of gross floor area, whichever is greater
	Nursing home	3 for every 5 beds
	Church/synagogue	1 per 3 seats (1 seat shall be considered 24 inches in calculating the capacity of pews or benches)
	Cultural and Recreational
	Health club/gym	1 per 200 square feet of gross floor area
	Library, museum	1 per 300 square feet of gross floor area
	Theater/auditorium	Shall meet the recommendations of the ITE Parking Generation Manual, third or most-current edition
	Theater in shopping center	1 per 4 seats
	Bowling alley	Shall meet the recommendations of the ITE Parking Generation Manual, third or most-current edition
	Indoor tennis, racquetball and handball court	Shall meet the recommendations of the ITE Parking Generation Manual, third or most current-edition
	Outdoor tennis court	3 per court
	Commercial swimming facility	1 per 75 square feet of gross water area

(12)

Mixed uses. In the case of mixed uses on one site (i.e., office/retail manufacturing/warehouse, etc.), the total number of spaces shall be calculated based on the spaces required independently for each use.

[1]

Editor's Note: See also § 220-169.

§ 220-98 Off-street loading regulations.

For every building, structure or part thereof having over 5,000 square feet of building area erected and occupied for commerce, hospital, laundry, dry cleaning, places of public and quasi-public assembly, industry and other similar uses involved in the receipt and distribution by vehicles of materials or merchandise, there shall be provided and permanently maintained adequate space for standing, loading and unloading services, in order to avoid undue interference with the public use of streets or alleys. Every building, structure or addition thereto having a use which complies with the above definition shall be provided with at least one truck standing, loading and unloading space on the premises not less than 12 feet in width, 35 feet in length and 14 feet in height. Such buildings as contain in excess of 25,000 square feet of gross building area will be required to provide additional off-street loading spaces as determined by the Planning Board during site plan review.

Access to truck standing, loading and unloading space shall be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of truck vehicles.

Loading space as required under this section shall be provided in addition to off-street parking space and shall not be considered as supplying off-street parking space.

Off-street loading and unloading areas shall be surfaced with an adequately designed durable, all-weather pavement of either bituminous concrete or portland cement concrete and clearly marked for loading spaces and shall be adequately drained, all subject to the regulations.

Whenever an off-street loading and unloading area shall be located next to a residential zone, said loading and unloading area shall be suitably screened and buffered, subject to approval by the Planning Board and in accordance with § 220-100 of this chapter.

No off-street loading and unloading area shall be permitted in any required front yard area.

§ 220-99 Signs and outdoor advertising regulations.

[Amended 9-20-2001 by Ord. No. 2001-11; 4-24-2008 by Ord. No. 2008-9]

The following regulations shall apply to all signs and outdoor advertising and shall be in addition to other regulations for specific uses elsewhere in this chapter:

Purpose; legislative intent. The purpose of this section is promulgate and enforce regulations to uphold the Township's aesthetic and safety interests by minimizing clutter, obstructed views and various traffic hazards, while upholding the right to express free speech and to exchange of ideas.

General provisions.

(1)

Unless otherwise provided for, all signs shall relate to the premises on which they are erected.

(2)

No part of any sign shall be located closer to any lot line than 10 feet or a distance equal to the height of the sign, whichever is greater, except for traffic signs and other signs installed by governmental agencies.

(3)

Signs may be double-faced, in which case the maximum sign area will apply to only one side.

(4)

The area of a sign shall include every part of the sign, including moldings, frames, posts, pylons or other supporting sections.

(5)

Where the face of a sign has openings or is of an irregular shape, the area of the sign, exclusive of supporting sections, shall be considered as the total area of the smallest four-sided (straight sides) geometric shape which most closely outlines the sign.

(6)

Freestanding signs shall be supported by posts or pylons of durable materials, which may include concrete, steel, treated wood or other suitable material, and shall be set securely in the ground or concrete so that the sign will be capable of withstanding high winds. No other bracing or guy wire shall be permitted.

(7)

Any sign attached flat against the surface of a building shall be constructed of durable material and attached securely to the building with nonrusting hardware. The use of wood or fiber plugs is prohibited.

(8)

Advertising or identification of an establishment painted on the surface of a building shall be considered part of the total allowable sign area and shall be subject to the regulations of this chapter.

(9)

Signs attached to the side of a building shall not extend more than 12 inches from the face of the building.

(10)

A permit shall be secured from the Construction Official for the erection, alteration or reconstruction of any signs other than nameplate, identification, temporary, sales or rental signs.

(11)

Whenever a sign becomes structurally unsafe or endangers the safety of the building or the public, the Construction Official shall order such sign to be made safe or removed. Such order shall be complied with within 10 days of the date of the notice, emergencies excepted.

(12)

Signs shall not be painted on or affixed to water towers, storage tanks, smokestacks or similar structures.

(13)

The area surrounding ground signs shall be kept neat, clean and landscaped. The owner of the property upon which the sign is located shall be responsible for maintaining the condition of the area.

(14)

Billboards.

[Added 5-5-2011 by Ord. No. 2011-8]

(a)

Purpose. The purpose of this section is to limit the location, form and placement of billboards to only specified areas of the Township and to ensure construction and placement is compatible with the need for a desirable visual environment, good civic design and arrangement, the well-being of residential areas, the safety of motorists and to prevent the location of facilities which may result in blight along transportation routes within the Township.

(b)

Conditional use. Billboards shall be permitted as a conditional use in the C-3, C-4 and C-5 Zones, but only on those lots with frontage on New Jersey State Highway 9, provided that the billboard and its location and installation adhere to the standards of this chapter and in accordance with the following conditions:

[Amended 2-2-2012 by Ord. No. 2012-1]

[1]

Billboards shall be located only on a lot with lot frontages on N.J.S.H. 9 in the C-3, C-4 and C-5 Zones.

[2]

The billboard shall only be constructed as a ground sign and may exist as an additional conditional use or structure, concurrent with any other principal, accessory or other uses or structures on a lot, or a leased portion of a lot.

[3]

No billboard shall be located on a lot that is developed with any use, building, business or structure that is not permitted by this chapter, unless the use is a certified preexisting nonconforming use, or structure, or the use of the structure has been previously approved by the appropriate Land Use Board. However, the location of a billboard on a lot that is developed with any use, building, business or structure that is a preexisting nonconforming use, or that has been previously approved by the appropriate Land Use Board, shall not be considered the expansion or intensification of said use or uses; provided that the placement and operation of the billboard does not substantially interfere with the operation of said existing use(s), building(s), business(es) or structure(s). For example, the location of the billboard shall not substantially interfere with internal vehicle circulation on the lot, nor substantially interfere with the delivery of any existing utilities, nor encroach into any designated environmentally sensitive areas. However, no billboard shall be permitted on any lot with a residential use.

[4]

No billboard shall be affixed to any building or mounted on any roof.

[5]

All parts of the billboard, including any support post or sign face, shall be set back not less than 20 feet from the right-of-way line of N.J.S.H. 9 and/or 79 and not less than 15 feet from any other lot line.

[6]

Not more than one billboard shall be permitted on the lot.

[7]

Billboards shall not be permitted on any lot where any other ground sign with an area of 60 square feet or greater, as measured by the actual sign message area, exclusive of any decorative trim band, has been constructed or approved on the subject lot or any adjacent lot. No billboard sign shall block the roadway view of another sign located on the same property or in the same retail center.

[Amended 2-2-2012 by Ord. No. 2012-1; 9-6-2012 by Ord. No. 2012-21]

[8]

No portion of any billboard shall be located within 500 feet of any residential zone district or residential use, as measured to the lot line of said district or residential use.

[Amended 2-2-2012 by Ord. No. 2012-1]

[9]

The distance allowed from any billboard to any other billboard shall not be less than 2,000 feet as measured in any and all directions, including, but not limited to, the northbound and southbound corridors of Route 9. The measurement of one billboard sign to another billboard sign (not less than 2,000 feet) shall be measured from the outside of each sign.

[Amended 2-2-2012 by Ord. No. 2012-1; 9-6-2012 by Ord. No. 2012-21]

[10]

No light-emitting-diode (LED) billboards, video billboards, blinking, pulsating, animated or moving billboards shall be permitted.

[11]

The sign face of the billboard shall not exceed 675 square feet. Every billboard shall be required to have no more than one message per side of each billboard sign and no more than two sides can be used for messages.

[Amended 9-6-2012 by Ord. No. 2012-21]

[12]

No billboard shall exceed a height of 45 feet as measured from the top of the sign to the average grade of the footing location.

[13]

Any lighting illuminating the billboard shall be directed onto the advertising surface of the billboard and shall be adequately shielded to prevent visual impairment of motorists.

[14]

An applicant for a billboard shall comply with the Roadway Signs Outdoor Advertising Act (N.J.S.A. 27:1A-5, 27:1A-6, 27:5-5 et seq.) as well as any other applicable statute, laws and regulations related to billboards. The applicant shall provide proof of receipt of all other approvals and permits required to legally erect and operate the billboard to the Code Enforcement Officer prior to obtaining the sign permit from the Township.

[15]

The billboard sign shall not be erected unless approved by the New Jersey Department of Transportation, and the applicant shall secure a permit for an off-premises billboard sign at the specific location being sought for approval.

[16]

Back-to-back and V-configuration billboards are permissible.

[17]

Billboards shall not contain pornographic or obscene material nor advertise tobacco products or any other advertisements deemed illegal by state and/or federal law.

[18]

Billboards as defined herein shall only be permitted as a conditional use within the Township of Marlboro in accordance with this chapter. Billboards existing prior to adoption of this subsection may be repaired and maintained as required but may not be enlarged or moved from their foundation or support footings. No replacement of a billboard shall be permitted upon removal or demolition of an existing billboard except along those lots with frontage on N.J.S.H. 9 and N.J.S.H. 79 in the C-3, C-4 and C-5 Zones.

Prohibited signs. The following signs are prohibited in all zones in the Township:

(1)

Moving or revolving signs and signs using waving, blinking, flashing, vibrating, flickering, tracer or sequential lights.

(2)

Signs using red, green or yellow lights placed within 100 feet of any traffic signal.

(3)

Signs using words such as "stop," "look," "danger" or any other sign which in the judgment of the Police Chief of the Township or his designee constitutes a traffic hazard or otherwise interferes with the free flow of traffic.

(4)

Roof signs.

(5)

Signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other sign not related to the premises upon which the sign is erected.

(6)

Signs causing interference with radio or television reception and telecommunications signals.

(7)

Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.

(8)

Signs placed on awnings, trees, fences, utility poles, light poles or signs attached to other signs.

Permitted signs. The following signs and outdoor advertising are permitted:

(1)

Nonilluminated directional signs identifying parking area, entrances, loading zones, exits and similar locations and not exceeding three square feet in area.

(2)

Name and number plates identifying residences and affixed to a house, apartment or mailbox and not exceeding 50 square inches in area.

(3)

Lawn signs identifying residences and not exceeding 1.5 square feet in area.

(4)

Nonilluminated real estate signs announcing the sale, lease or rental of the premises upon which the sign is located. Such signs shall not exceed three square feet in area in a residential zone; 20 square feet in area in a commercial zone; or 50 square feet in area in an industrial zone.

(5)

Temporary and permanent traffic signs and signals or other signs installed by a government agency.

(6)

Religious institutions, hospitals, nursing homes, private schools and service organizations may have one freestanding or wall sign not exceeding 20 square feet in area.

(7)

Home occupations or home professional offices may have one freestanding sign not exceeding three square feet in area or five feet in height or one wall sign not exceeding three square feet in area.

(8)

Housing developments may place one temporary sign at each entrance to the project and at the rental or sales office during the course of development. One sign shall not exceed 20 square feet in area or six feet in height. Other signs shall not exceed 15 square feet in area or five feet in height.

(9)

Each office or commercial use or industry located in a commercial or industrial zone may have one or more wall signs not exceeding 10% of the area of each side of the building fronting on a public street.

(10)

Each office or commercial use or industry located in a commercial or industrial zone, having a street frontage of at least 200 feet and minimum lot size of one acre may erect one freestanding sign; provided, however, where more than one use is conducted in a building or attached buildings on the same lot, only one freestanding sign shall be permitted. The size of the sign shall be determined in accordance with the following table:

Street Frontage (feet)	Maximum Height of Sign	Size of Sign Face (square feet)
200 to 299	15	60
300 to 399	20	100
400 and Over	25	140

(11)

Commercial uses or industries with street frontage in excess of 400 feet may erect one additional freestanding sign; provided, however, that the total sign area of the additional sign shall not exceed one square foot for each linear foot of street frontage in excess of 400 feet; but in no event shall the total sign area of both signs be in excess of 280 feet square feet.

(12)

One nonflashing sign identifying farms, public and private parks and recreation areas and not exceeding 30 square feet in area on any one side, provided that such sign shall not protrude upon any street or property line.

(13)

Temporary signs and political signs pursuant to regulations set forth in § 200-99E and F hereinbelow.

Temporary signs shall be permitted under this section subject to the following regulations:

(1)

Temporary signs are defined as signs advertising public functions, fund-raising events (other than a building fund for charitable, nonprofit or religious organizations), and temporary signs placed by a contractor, such as a builder, painter or roofer;

(2)

A temporary sign, that is, signs advertising public functions, fund-raising events (other than a building fund for charitable, nonprofit or religious organizations), may be placed not more than 45 days prior to the function or event to which it applies;

(3)

A temporary sign must be removed not more than seven days after the function or event to which it applies;

(4)

In the case of a temporary sign placed by a contractor, such as a builder, painter or roofer, no more than one such temporary sign may be placed on a given property and may not exceed six square feet in size. Such signs may only be placed on a given property during the duration of the contracted work and must be removed within seven days after the completion of such contracted work. In no case shall any such sign be chained to a tree, fence or other structure;

(5)

If a temporary sign is placed on residential property, consent of the property owner must be obtained;

(6)

If the temporary sign is to be placed in the public right-of-way, then approval of such placement must be obtained from the Bureau of Traffic Safety;

(7)

The combined total area of all signs shall not exceed a total of 32 square feet on any one premises where such temporary signs are placed in the public right-of-way;

(8)

On or in the rights-of-way on Routes 9, 18, 34, 79 and County Routes 520 and 3, and on Robertsville Road, Wyncrest Road, Tennent Road, Ryan Road, and Gordon's Corner Road, temporary signs shall not be located or placed closer than within 100 linear feet of any other temporary sign on any one premises;

(9)

The owner of the property on which a temporary sign is placed shall be responsible for its removal;

(10)

The temporary sign must comply with all other regulations related to signs; and

(11)

Any temporary sign advertising fund-raising for a building fund for a charitable, nonprofit or religious organization may only be placed on the property which is the subject of such fund-raising and may not exceed 12 square feet in area.

Temporary political signs shall be permitted under this section, pursuant to the regulations set forth herein. "Temporary political signs" shall be defined as signs pertaining to federal, state, county or local candidates or questions to be voted upon by the residents of the Township at an upcoming election and shall be subject to the following conditions:

[Amended 8-11-2011 by Ord. No. 2011-21; 7-17-2014 by Ord. No. 2014-11]

(1)

Temporary political signs shall not be placed within public rights-of-way or other public property except as provided for in Subsection F(8) below;

(2)

Temporary political signs shall be placed not more than 45 days prior to the function, event or election to which they apply;

(3)

Temporary political signs must be removed not more than seven days after the function, event, or election to which they apply;

(4)

If any temporary political signs are placed on residential properties, consent of the property owners must be obtained;

(5)

The combined total area of all such temporary political signs shall not exceed a total of 16 square feet on any one tax lot where such temporary signs are placed in the public right-of-way;

(6)

No temporary political sign on private property shall be located or placed closer than within 50 linear feet of any other sign of the same candidate or campaign on any one tax lot;

(7)

Placement on or in rights-of-way:

(a)

No sign shall be placed within or suspended over a public right-of-way, public property or publicly owned open-space property, except that temporary political signs as permitted by this section shall be permitted in the non-travel portion of any Township right-of-way in the front of an occupied residential property with the permission of the owner of the residential property abutting said right-of-way and provided that such signs are not placed within the right-of-way abutting lands owned by the Township, county or state, public open-space lands and lands owned by the school district.

(b)

No temporary political signs shall be permitted on Township property.

(8)

The candidate, committee chairman, campaign treasurer and owner of the tax lots on which a temporary political sign is placed shall be responsible for its removal. In addition, for any temporary political sign placed in the right-of-way pursuant to Subsection F(7) above, the owner of the adjacent property shall also be responsible for its removal; and

(9)

The temporary political sign must comply with all other regulations related to signs.

Enforcement; removal of prohibited signs. Enforcement of the terms of this section shall be under the authority of the Director of the Department of Public Works, or his/her designee. In addition to the Director of the Department of Public Works, the Director of the Department of Community Development, or his or her designees, which may include, but not be limited to, the Code Enforcement Officer and the Zoning Officer and/or their respective designees, shall have concurrent authority to enforce the provisions of this chapter. Whenever the Director of the Department of Public Works or the Director of the Department of Community Development or their respective designees shall determine that a sign has been erected in violation of the provisions of this section, including by reason of its being placed on public or municipal property without proper authority or in the public right-of-way or on utility poles, such sign may be removed at the sole discretion of the Director of Public Works and/or the Director of the Department of Community Development, or his or her respective designees. The Director of Public Works and/or the Director of Community Development or his or her respective designee shall notify the responsible party that the sign has been removed and so further advise them that the removal constitutes a first warning and that any subsequent violation shall result in a fine in accordance with Subsection H below. Each sign in violation of this section may constitute a separate violation.

Violations and penalties. Any violation of this section shall, upon conviction thereof, be punishable by a fine of not less than $100 and not to exceed $1,250 for each violation committed hereunder. Every day that a violation continues after service of written notice by ordinary mail on the owner of the subject property or the sign registrant or a posting of a copy of said notice on the subject property shall be deemed a separate offense hereunder.

§ 220-100 Landscaping and buffer areas.

Any use required by this chapter to be provided with a buffer area shall comply with the following regulations regarding a buffer area and a buffer screen:

Within a buffer area, a solid and continuous landscaping screen shall be planted and maintained. Said landscaping shall consist of lawn, massed evergreen and deciduous trees and shrubs of such species and density as will provide within two growing seasons a solid and continuous screen throughout the full course of the year. The intense density of the buffer screen may be reduced by the Planning Board if it is found that the proposed use is visually attractive and not detrimental to the appearance of the neighboring uses.

Within a buffer area, no use, activity or sign shall be established other than the following:

(1)

Such driveways as are necessary to provide proper means of ingress and egress for the parking area.

(2)

Directional signs in conjunction with said driveways which are necessary for the proper guidance and control of vehicular traffic, provided that not more than one such sign is erected in conjunction with each driveway.

(3)

Walkways, nature trails or similar facilities as approved by the Planning Board and provided that such buffer is at least 60 feet in width.

The required height for a landscape screen shall be measured in relation to the elevation of the land at the edge of the adjacent area or structure to be buffered. Where the ground elevation of the location at which the screen is to be planted is less than the elevation at the edge of the adjacent area to be buffered, the required height of the screen shall be increased in an amount equal to the difference in elevation. In the event that the ground elevation of the location at which the screen is to be planted is greater than that at the edge of the adjacent area to be buffered, the required height of the screen may be reduced in an amount equal to said difference in elevation, provided that in no case shall the required height be reduced to less than three feet.

All nonpaved areas in commercial, industrial, public and semipublic buildings and use areas shall be suitably landscaped with grass, trees, shrubs and other landscape materials.

When a parking area of four or more vehicles or a loading and unloading area adjoins an adjacent residential property area, a planted buffer screen shall be provided between the parking area and the adjoining property. The buffer screen shall be no less than six feet in height.

The buffer screen around parking lots and loading and unloading areas may be constructed of wood, cement or other fence material, provided that not more than 25% of the fence is open on its vertical surface. In such cases, evergreen and deciduous trees and shrubs shall be planted along the fence to break up the monotony of the fence. Such landscaping may be omitted if it is the finding of the Planning Board that the type of fence to be erected is visually attractive and not detrimental to the appearance of surrounding areas.

If the Building Inspector, upon inspection, determines that the landscape materials, buffer areas and screens are not being maintained in good condition, he shall notify the owner in writing of his findings and order that any negligent maintenance on the part of the owner be corrected within 30 days of the notice. In the event that any planting required by this chapter fails to live, it shall be replaced.

§ 220-101 Recyclable materials storage.

[Added 3-22-1990 by Ord. No. 14-90]

Materials designated in the Marlboro Township Recycling Ordinance, Chapter 284 of the Code of the Township of Marlboro, shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:

For each subdivision application for 50 or more single-family units, the applicant shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclables (including but not limited to newspapers, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage, basement or kitchen.

For each subdivision application for 25 or more multifamily units, the applicant shall provide a storage area of at least three square feet within each dwelling unit to accommodate a one-week accumulation of mandated recyclables (including but not limited to newspapers, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.

For each site plan application for commercial and industrial developments that utilize 1,000 square feet or more of land, the applicant shall provide the municipal agency with estimates of the quantity of mandated recyclable materials (including but not limited to newspapers, glass bottles, aluminum cans, tin and bimetal cans, high-grade paper and corrugated cardboard) that will be generated by the development during each week. A separated storage area must be provided to accommodate a one- to four-week accumulation of recyclable material. The municipal agency may require the location of one or more common storage areas at convenient locations within the development.

§ 220-102 Wireless telecommunications towers and facilities.

[Added 1-28-1999 by Ord. No. 1999-1]

Purpose and intent. The purpose of this section is to establish guidelines for the siting of wireless telecommunications towers and antennas and ancillary facilities. The goals of this section are to: protect residential areas and land uses from potential adverse impacts of towers and antennas; encourage the location of towers on Township-owned property where appropriate or in other nonresidential areas; minimize the total number of towers throughout the community; strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; encourage the use of existing buildings, telecommunications towers, light or utility poles or water towers as opposed to construction of new telecommunications towers; encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; ensure that all telecommunications facilities, including towers, antennas and ancillary facilities are located and designed to minimize the visual impact on the immediate surroundings and throughout the community by encouraging users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; consider the public health and safety of telecommunications towers; and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these purposes, the Township of Marlboro shall give due consideration to the Township of Marlboro's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.

Definitions. As used in this section, the following items shall have the meanings indicated:

ALTERNATIVE TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, flagpoles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANCILLARY FACILITIES

The buildings, cabinets, vaults, closures and equipment required for operation of telecommunications systems, including but not limited to repeaters, equipment housing and ventilation and other mechanical equipment.

ANTENNA

Any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers or the public switched telephone network.

BUFFER AREA

The area surrounding a telecommunications tower and ancillary facilities which lies between the tower and adjacent lot lines and/or land uses.

CARRIER

A company that provides wireless services.

COLLOCATION

When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.

FAA

The Federal Aviation Administration.

FALL ZONE

The area on the ground within a prescribed radius from the base of a wireless telecommunications tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

FCC

The Federal Communications Commission.

FUNCTIONALLY EQUIVALENT SERVICES

Cellular radio, personal communications service (pcs), enhanced specialized mobile radio, specialized mobile radio and paging, commercial land mobile radio and additional emerging technologies.

GUYED TOWER

A tower which is supported or braced through the use of cables (guy wires) which are permanently anchored.

HEIGHT

When referring to a tower, the vertical distance measured from the lowest finished grade at the base of the tower to the highest point on the tower, even if said highest point is an antenna.

LATTICE TOWER

A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.

MONOPOLE

The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.

MOUNT

The structure or surface upon which antennas are mounted, including the following four types of mounts:

(1)

Roof-mounted: mounted on the roof of a building.

(2)

Side-mounted: mounted on the side of a building.

(3)

Ground-mounted: antenna support (tower) mounted on the ground.

(4)

Structure-mounted: mounted on a structure other than a building.

PERSONAL WIRELESS SERVICE FACILITY

A facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS

Any tower or antenna for which a building permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have been approved but have not yet been constructed so long as such approval is current and not expired.

RADIO FREQUENCY RADIATION (RFR)

For the purposes of this section shall mean the emissions from personal wireless service facilities or any electromagnetic energy within the frequency range from 0.003 megahertz (MHz) to 300,000 MHz.

RADIO FREQUENCY (RF) ENGINEER

An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.

STEALTH DESIGN

A telecommunications facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment (see "alternative tower structure").

TELECOMMUNICATIONS FACILITY

A facility designed and used for the purpose of transmitting, receiving and relaying voice and data signals from various wireless communications devices, including transmission towers, antennas and ancillary facilities. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts are not telecommunications facilities.

TELECOMMUNICATIONS OR TRANSMISSION TOWER

The monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers.

WIRELESS COMMUNICATIONS

Any personal wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC licensed commercial wireless telecommunications services, including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.

Applicability.

(1)

New towers and antennas. All new telecommunications towers or antennas in the Township of Marlboro shall be subject to these regulations.

(2)

Preexisting towers or antennas. Preexisting telecommunications towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsections J and K absent any enlargement or structural modification or the addition of any antennas.

(3)

District height limitations. The requirements set forth in this section shall govern the location of telecommunications towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district.

(4)

Public property. Antennas or towers located on property owned, leased or otherwise controlled by the governing authority shall be encouraged, provided that a license or lease authorizing such antenna or tower has been approved by resolution by the governing authority. Said approved publicly owned sites utilized for the purpose of constructing towers and/or antennas shall be treated as engaging in a conditional use under this section.

(5)

Amateur radio station operators/receive-only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

(6)

Satellite dish antennas. This section shall not govern any parabolic dish antennas used for transmission or reception of radio signals associated with satellites.

General requirements.

(1)

Principal or accessory use. Telecommunications antennas and towers may be considered either principal or accessory uses. Notwithstanding any other Township land use regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.

(2)

Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

(3)

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within 90 days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(4)

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association and Telecommunications Industry Association, as amended from time to time. If, upon inspection, the Township of Marlboro concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(5)

Not essential services. Telecommunications towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.

(6)

Collocation required. The Township of Marlboro mandates that carriers collocate antennas on towers and other structures whenever possible. See Subsection G for collocation requirements.

(7)

Conditional use. All telecommunications facilities in the Township of Marlboro shall be conditional uses in accordance with N.J.S.A. 40:55D-67.

(8)

Site plan required. Site plan approval shall be required for all new telecommunications facilities in the Township of Marlboro, including modifications to or addition of new telecommunications facilities to preexisting towers, buildings or other structures.

Use regulations.

(1)

Conditional use. Wireless telecommunications facilities are permitted as conditional uses:

(a)

On lands owned by Marlboro Township or the Marlboro Township Municipal Utilities Authority[1] or any other public entity within the Township of Marlboro.

[1]

(b)

In the MZ, C-3, C-4 and IOR Zone Districts.

(2)

Conditional use standards. Wireless telecommunications facilities may be permitted on the above-referenced lands, provided that:

(a)

The minimum lot size on which the telecommunications facility is to be located is at least five acres in area.

(b)

Lattice towers and any type of guyed tower are prohibited.

(c)

Telecommunications towers shall be limited to monopoles without guys designed to ultimately accommodate at least three carriers and shall meet the following height and usage criteria:

[1]

For a single carrier, up to 100 feet in height.

[2]

For two carriers, up to 125 feet in height.

[3]

For three or more carriers, up to 150 feet in height.

[4]

For three of more carriers on parcels in the MZ Zone District only which are owned by the Township of Marlboro or other public entity with 100 or more contiguous acres within a single block and which parcel abuts a freeway or principal arterial roadway, up to 200 feet in height.

(3)

Factors considered in granting conditional use permits.

(a)

In addition to the above standards, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit:

[1]

Proximity of the tower to residential structures and residential district boundaries.

[2]

Nature of uses on adjacent and nearby properties.

[3]

Surrounding topography.

[4]

Surrounding tree coverage and foliage.

[5]

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, including stealth designs which are encouraged.

[6]

Availability of suitable existing towers, alternative tower structures, other structures or alternative technologies not requiring the use of towers or structures.

[7]

Availability of proposed tower to other potential carriers.

(b)

This list is considered to be illustrative in nature and may not include all factors to be considered.

Site design standards. The following site design standards shall apply to wireless telecommunications facilities:

(1)

New towers.

(a)

Telecommunications towers may not be located closer than 500 feet to any residential zone. Antennas located on preexisting buildings or structures are exempt from this requirement.

(b)

Fall zone. A fall zone shall be established such that the tower is set back 150% of the height of the tower from any adjoining lot line or nonappurtenant building.

(c)

Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height. Towers shall also be equipped with appropriate anti-climbing measures.

(d)

Landscaping. The following requirements shall govern the landscaping surrounding towers:

[1]

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences or any other area frequented by the public. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound. However, at a minimum, the facility should be shielded from public view by evergreen trees at least eight feet high at planting and planted in staggered double rows 15 feet on center.

[2]

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced at the sole discretion of the approving authority.

[3]

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.

(e)

Ancillary buildings. Any proposed building enclosing related electronic equipment shall not be more than 10 feet in height nor more than 200 square feet in area, and only one such building shall be permitted on the lot for each provider of wireless telecommunications services located on the site. Such buildings must satisfy the minimum zoning district setback requirements for accessory structures.

(f)

Aesthetics. Towers and antennas shall meet the following requirements:

[1]

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

[2]

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

(g)

Lighting. No lighting is permitted except as follows, which shall be subject to review and approval by the Planning Board as part of the site plan application:

[1]

The building enclosing electronic equipment may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building.

[2]

No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.

(h)

Signs. No signs are permitted except those required by the Federal Communications Commission, the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) or by law, such as warning and equipment information signs.

(2)

Antennas mounted on existing structures or rooftops.

(a)

Antennas on existing structures. Any antenna which is not attached to a tower may be attached to any existing business, industrial, office, utility or institutional structure in the MZ, C-3, C-4 or IOR Zone Districts, provided that:[2]

[1]

Side- and roof-mounted personal wireless service facilities shall not project more than 10 feet above the height of an existing building or structure nor project more than 10 feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may locate on a building or structure that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building or structure height.

[2]

The antenna complies with all applicable FCC and FAA regulations.

[3]

The antenna complies with all applicable building codes.

[4]

The equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 48 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure. If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area. Equipment storage buildings, structures or cabinets shall comply with all applicable building codes.

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(b)

Aesthetics. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(3)

Antennas on existing towers. An antenna may be attached to a preexisting tower in a nonresidential zone and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

(a)

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless reconstruction as a monopole is proposed.

(b)

An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.

(c)

On-site location.

[1]

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within 50 feet of its existing location.

[2]

After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

Collocation.

(1)

The Township of Marlboro requires that licensed carriers share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for site plan approval for a personal wireless service facility shall demonstrate a good faith effort to collocate with other carriers. Such good faith effort includes:

(a)

A survey of all existing structures that may be feasible sites for collocating personal wireless service facilities.

(b)

Notification by certified mail of intent to seek site plan approval to all the other licensed carriers for commercial mobile radio services operating in the county.

(c)

Sharing information necessary to determine if collocation is feasible under the design configuration most accommodating to collocation.

(d)

A copy of a proposed lease or affidavit of compliance with this section.

(2)

In the event that collocation is found to be not technically feasible, a written statement of the reasons for the infeasibility shall be submitted to the Township. The Township may retain a technical expert in the field of RF engineering to verify if collocation at the site is not feasible or is feasible given the design configuration most accommodating to collocation. The cost for such a technical expert will be at the expense of the applicant. The Township may deny approval to an applicant that has not demonstrated a good faith effort to provide for collocation.

(3)

If the applicant does intend to collocate or to permit collocation, plans and elevations which show the ultimate appearance and operation of the personal wireless service facility at full build-out shall be submitted.

Location priorities. Wireless telecommunications facilities shall be located and approved in accordance with the following prioritized locations:

(1)

The first priority shall be an existing tower or an existing or proposed water tower or standpipe owned by either a public or private utility within or near the Township of Marlboro.

(2)

The second priority shall be new towers on lands owned by the Township of Marlboro within the MZ Zone District or other lands owned by the Township of Marlboro or Marlboro Township Municipal Utilities Authority[3] or other public entity.

[3]

Editor's Note: See Ch. 60, Utilities Authority, Art. I.

(3)

The third priority shall be an existing building in the MZ, C-3, C-4 or IOR Zone Districts.

(4)

The fourth priority shall be new towers on lands not owned by the Township of Marlboro or Marlboro Township Municipal Utilities Authority or other public entity located within the C-3, C-4 and IOR Zone Districts.

Site plan submission requirements. In addition to the site plan submission requirements of § 220-137 and other applicable sections of Chapter 220, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:

(1)

Comprehensive service plan. In order to provide proper evidence that any proposed location of wireless telecommunications antennas (and any supporting tower and/or ancillary building enclosing related electronic equipment) has been planned to result in the fewest number of towers within the Township of Marlboro at the time full service is provided by the applicant throughout the Township, the applicant shall submit a comprehensive service plan. Said Comprehensive Service Plan shall indicate how the applicant proposes to provide full service throughout the Township and, to the greatest extent possible, said service plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of telecommunications services within the Township of Marlboro. The comprehensive service plan shall indicate the following:

(a)

Whether the applicant's subscribers can receive adequate service from antennas located outside of the borders of the Township of Marlboro.

(b)

How the proposed location of the antennas relates to the location of any existing towers within and/or near the Township of Marlboro.

(c)

How the proposed location of the antennas relates to the anticipated need for additional antennas and supporting towers within and/or near the Township of Marlboro by both the applicant and by other providers of telecommunications services within the Township of Marlboro.

(d)

How the proposed location of the antennas relates to the objective of collocating the antennas of different service carriers on the same tower.

(e)

How the proposed location of the antennas relates to the overall objective of providing full telecommunications services within the Township of Marlboro while, at the same, limiting the number of towers to the fewest possible.

(2)

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), and all properties within the applicable fall zone, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structure, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.

(3)

Legal description of the entire tract and leased parcel (if applicable).

(4)

The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties.

(5)

The separation distance from other towers and antennas.

(6)

A landscape plan showing specific landscape materials, including but not limited to species type, size, spacing and existing vegetation to be removed or retained.

(7)

Method of fencing and finished color and, if applicable, the method of camouflage.

(8)

A description of compliance with all applicable federal, state or local laws.

(9)

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

(10)

Identification of the entities providing the backhaul network for the tower(s) described in the application and other telecommunications sites owned or operated by the applicant in the Township.

(11)

A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in form suitable for recording with the County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.

(12)

A visual impact study containing, at a minimum, a photographic simulation showing the appearance of the proposed tower, antennas and ancillary facilities from at least five points within a three-mile radius. Such points shall be chosen by the carrier with review and approval by the Planning Board Planning Consultant to ensure that various potential views are represented.

(13)

An analysis of the RFR levels at the facility as a means of assessing compliance with the FCC RF safety criteria. This analysis shall:

(a)

Take into consideration all collocated radio transmitting antennas and/or nearby antennas that could contribute to RFR levels at the facility.

(b)

Be performed by an RF engineer, health physicist or similar knowledgeable individual.

(c)

Follow current methods recommended by the FCC for performing such analyses.

Monitoring and maintenance.

(1)

After the wireless telecommunications facility is operational, the applicant shall submit, within 90 days of beginning operations, and at annual intervals from the date of issuance of the building permit, existing measurements of RFR from the wireless telecommunications facility. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC guidelines as specified in the radio frequency standards section of this bylaw.

(2)

The applicant and coapplicant shall maintain the personal wireless service facility in good condition. Such maintenance shall include but shall not be limited to painting, structural integrity of the mount and security barrier and maintenance of the buffer areas and landscaping.

Abandonment or discontinuation of use.

(1)

At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier shall notify the Township Clerk by certified United States mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless telecommunications facility shall be considered abandoned upon discontinuation of operations.

(2)

Upon abandonment or discontinuation of use, at the option of the Township, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. Physically remove shall include, but not limited to:

(a)

Removal of antennas, mount, equipment shelters and security barriers for the subject property.

[Amended 3-2-2017 by Ord. No. 2017-5]

[1]

Upon removal of mount, confirm no impacts to structural integrity of tower and perform painting as necessary.

[2]

Confirm whether any ground equipment will be removed. If so, plans for removal and restoration of the area should be provided. If not, confirm ownership of same.

(b)

Proper disposal of the waste materials from the site in accordance with local, county and state solid waste disposal regulations.

(c)

Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.

(3)

If a carrier fails to remove a personal wireless service facility in accordance with this section, the Township shall have the authority to enter the subject property and physically remove the facility. The Planning Board will require the applicant to post a bond at the time of approval to cover costs for the removal of the personal wireless service facility in the event that the Township must remove the facility.

The fee for antennas/telecommunication towers shall be $100 per review.

[Added 2-25-2016 by Ord. No. 2016-4]

§ 220-102.1 Licensing of telecommunications facilities.

[Added 10-1-2020 by Ord. No. 2020-14]

Definitions. For the purpose of this section, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:

AFFILIATE

A person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person.

EXCESS CAPACITY

The volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional telecommunications facilities.

EXISTING POLE

A pole that is in lawful existence within the public right-of-way.

OTHER WAYS

The highways, streets, alleys, utility easements or other rights-of-way within the Township, but under the jurisdiction and control of a governmental entity other than the Township.

OVERHEAD FACILITIES

Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

PERSON

Includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers.

POLE

A long, slender, rounded support structure constructed of wood or metal located in the public right-of-way.

PROPOSED POLE

A pole that is proposed to be placed in the public right-of-way.

PUBLIC STREET

Any highway, street, alley or other public right-of-way for motor vehicle travel under the jurisdiction and control of the Township which has been acquired, established, dedicated or devoted to highway purposes not inconsistent with telecommunications facilities.

PUBLIC WAY

Includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the Township, but only to the extent of the Township 's right, title, interest or authority to grant a license to occupy and use such streets and easements for telecommunications facilities.

SMALL WIRELESS FACILITIES

Consistent with 47 CFR 1.6002(1), small wireless facilities are facilities that meet the following conditions:

(1)

The facilities:

(a)

Are mounted on structures 50 feet or less in height including their antennas; or

(b)

Are mounted on structures no more than 10% taller than other adjacent structures; or

(c)

Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater.

(2)

Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

(3)

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;

(4)

The facilities do not require antenna structure registration under 47 CFR Part 17; and

(5)

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

STATE

The State of New Jersey.

SURPLUS SPACE

That portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Board of Public Utilities, to allow its use by a telecommunications carrier for a pole attachment.

TELECOMMUNICATIONS CARRIER

Includes every person that directly or indirectly owns, controls, operates or manages plant, equipment, or property within the Township, used or to be used for the purpose of offering telecommunications service.

TELECOMMUNICATIONS FACILITIES

The plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts, pedestals, antenna, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.

TELECOMMUNICATIONS PROVIDER

Includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities.

TELECOMMUNICATIONS SERVICE

The providing or offering for rent, sale or lease, or an exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.

TOWNSHIP

The Township of Marlboro.

TOWNSHIP COUNCIL

The governing body of the Township of Marlboro.

TOWNSHIP PROPERTY

Includes all real property owned by the Township, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the Township, which are not subject to the right-of-way licensing as provided in this section.

TREE

Any perennial plant having a diameter of four inches or greater measured at a point four feet above the ground.

UNDERGROUND FACILITIES

Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundation or supports for overhead facilities.

USABLE SPACE

The total distance between the top of the utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Board of Public Utilities (BPU).

UTILITY EASEMENT

Any easement owned by the Township and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.

UTILITY FACILITIES

The plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the Township and used or to be used for the purpose of providing utility or telecommunications services.

Telecommunications license required. Except as otherwise provided herein, any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate small wireless facilities in, under, over or across any public way of the Township for the sole purpose of providing telecommunications service to persons in areas outside the Township shall first obtain a license granting the use of such public ways from the Township pursuant to this section. Any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate telecommunications facilities other than small wireless facilities in, under, over or across any public way of the Township must also obtain a license granting the use of such public ways from the Township; such applicants must submit the application information set forth in Subsection F, and consideration and approval of such applications shall be at the sole discretion of the Township Director of Community Development subject to the review and recommendation by the Township Engineer and the Township Attorney.

Violations and penalties. Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this section shall be punishable as provided in Chapter 4, § 4-3, General penalties. A separate and distinctive offense shall be deemed committed each day on which a violation occurs or continues.

Other remedies. Nothing in this section shall be construed as limiting any judicial remedies that the Township may have, at law or in equity, for enforcement of this section.

Agreement. No license granted hereunder shall be effective until the applicant and the Township have executed a written agreement setting forth the particular terms and provisions under which the license to occupy and use public ways of the Township will be granted.

Small wireless facilities license application information. Any person that desires a telecommunications license for a small wireless facility pursuant to this section shall file an application with the Township which shall include the following information:

(1)

The identity of the license applicant, including all affiliates of the applicant.

(2)

A description of the telecommunications services that are or will be offered or provided by licensee over its telecommunications facilities.

(3)

A description of the transmission medium that will be used by the licensee to offer or provide such telecommunications services.

(4)

Preliminary engineering plans, specifications and a network map of the facilities to be located within the Township, all in sufficient detail to identify:

(a)

The location requested for applicant's proposed small wireless facilities.

(b)

A description of the type and height of the structure on which the small wireless facilities are being mounted, and a description of the proximity of the equipment to any other equipment on the same structure.

(c)

The size and weight of the proposed equipment.

(d)

A description of any proposed lighting, and, if any, proposed focusing/shielding to avoid projection towards adjacent/nearby properties.

(e)

A description of the noise output of the proposed small wireless facility in decibels.

(f)

A description of any proposed excavation.

(g)

Radiofrequency radiation levels of the proposed equipment. This must include a certification of a professional engineer licensed in New Jersey that said levels do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b) and pursuant to § 220-102J(1) of the Code of the Township of Marlboro.

(h)

The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way at the proposed site.

(i)

The location(s), if any, for interconnection with the telecommunications facilities of other communications carriers.

(j)

The specific trees, structures, improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction.

(5)

If the applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:

(a)

The excess capacity currently available in such ducts or conduits before installation of the applicant's telecommunications facilities.

(b)

The excess capacity, if any, that will exist in such ducts or conduits after installation of the applicant's telecommunications facilities.

(6)

If the applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:

(a)

The location proposed for the new ducts or conduits.

(b)

The excess capacity that will exist in such ducts or conduits after installation of the applicant's telecommunications facilities.

(7)

Identification of the type of pole being used. Use of existing poles in the public right-of-way is preferred. If the applicant is requesting the installation of a proposed pole, the Township standard pole must be used. The Township standard pole shall be selected by the Township Administrator. Whenever possible, applicants should look to co-locate on existing poles to the extent feasible. The application for a proposed pole location may be denied if suitable existing poles are available in the requested area, pursuant to the discretion of the Director of Community Development.

(8)

If the applicant is proposing construction of facilities above ground, but below a height of 15 feet, the applicant shall submit a survey with a minimum fifty-foot radius that is adequate to demonstrate no negative impacts to sight distance or sight triangle. Such survey shall be submitted in NAVD88 datum.

(9)

The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public ways.

(10)

A preliminary construction schedule and completion date.

(11)

A preliminary traffic control plan in accordance with the New Jersey Department of Transportation regulations.

(12)

Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities.

(13)

Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application.

(14)

Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services.

(15)

All fees, deposits or charges required pursuant to this section.

Small wireless facilities fees and escrows.

(1)

Applicants seeking to install up to five small wireless facilities shall pay an initial application fee of $500. An additional $100 shall be required for each small wireless facility beyond five.

(2)

An annual fee of $275 per small wireless facility per year for access to and inspection of such facilities shall be required.

(3)

Pursuant to N.J.S.A. 54:30A-124, the Township shall recover reasonable professional fees for actual services incurred in the review of applications under this section. The applicant shall make a deposit in an escrow account for professional fees in the amount of $2,000. If said escrow account contains insufficient funds to enable the Township to perform its review, the Chief Financial Officer shall provide the applicant a notice of insufficient balance. In order for review to continue, the applicant shall, within 15 days, post a deposit to the account in an amount to be mutually agreed upon.

Review of small wireless facilities applications. Applicants seeking to install small wireless facilities within the Township, including within the public right-of-way, shall submit an application to the Township. Small wireless facilities applications shall be reviewed by the Township pursuant to the following:

(1)

The Township Director of Community Development shall review applications to co-locate small wireless facilities on existing structures within 60 days of receipt of the application, and applications for new construction of small wireless facilities within 90 days. "Batch" applications seeking both to co-locate and to construct new small wireless facilities shall be reviewed within 90 days.

(2)

The time period for review shall be tolled during any period in which the applicant is notified that it has not submitted a complete application.

(3)

Complete applications that comply with the standards set forth in Subsection F shall be granted within the applicable time period.

Nonexclusive grant. No license granted under this section shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the Township for delivery of telecommunications services or any other purposes.

Rights granted. No license granted under this section shall convey any right, title or interest in the public ways, but shall be deemed a license only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no license shall be construed as any warranty of title.

Term of grant. Unless otherwise specified in a license agreement, a telecommunications license granted hereunder shall be in effect for a term of five years.

License route. A small wireless facilities license granted under this section shall be limited to a grant of specific public ways and defined portions thereof.

Construction permits. All licensees are required to obtain construction permits as required by applicable law for small wireless facilities; provided, however, that nothing in this section shall prohibit the Township and a licensee from agreeing to alternative plan review, permit and construction procedures, provided such alternative procedures provide substantially equivalent safeguards for reasonable construction practices and are not in derogation of any applicable provisions of the Uniform Construction Code.

Amendment of grant.

(1)

A new license application and grant shall be required of any telecommunications carrier that desires to extend or locate its small wireless facilities in public ways of the Township which are not included in a license previously granted under this section.

(2)

If ordered by the Township to locate or relocate its small wireless facilities in public ways not included in a previously granted license, the Township shall grant a license amendment without further application.

Renewal applications. A licensee that desires to renew its license under this section shall, not more than 180 days nor less than 90 days before expiration of the current license, file an application with the Township for renewal of its license which shall include the following information:

(1)

The information required pursuant to Subsection F of this section.

(2)

Any information required pursuant to the license agreement between the Township and the grantee.

(3)

Such additional reasonable and relevant information as may be determined by the Township Director of Community Development as essential for acting upon the renewal application.

Renewal determinations. Within 90 days after receiving a complete application under Subsection F hereof, the Township shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal.

(1)

The financial and technical ability of the applicant.

(2)

The legal ability of the applicant.

(3)

The continuing capacity of the public ways to accommodate the applicant's existing facilities.

(4)

The applicant's compliance with the requirements of this section and the license agreement.

(5)

Applicable federal, state and local telecommunications laws, rules and policies.

(6)

Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.

Obligation to cure as a condition of renewal. No license shall be renewed until any ongoing violations or defaults in the licensee's performance of the license agreement, or of the requirements of this section, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the Township.

Regulatory fees and compensation not a tax. The regulatory fees and costs provided for in this section are separate from, and additional to, any and all federal, state, local and Township taxes as may be levied, imposed or due from a telecommunications carrier or provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services.

Small wireless facilities standards. Small wireless facilities shall be co-located on existing structures whenever possible and to the extent feasible. Co-location of small wireless facilities is preferred to construction of new structures intended to solely support a small wireless facility, unless the new structure is designed to conceal the small wireless facility.

(1)

Absent a showing of necessity, the following shall apply:

(a)

There shall be no more than one small wireless facility located on any single structure.

(b)

Small wireless facilities shall not be located within 200 feet of any existing small wireless facilities.

(2)

No new small wireless facilities shall be located within five feet of a private driveway or in a manner that would otherwise obstruct visibility from a private driveway to the public right-of-way.

(3)

Any required accessory equipment, not including the antenna, shall be located underground to the extent possible. Accessory equipment that cannot be located underground must be located on the structure. No accessory equipment may be located on the ground adjacent to the structure. Antennas and associated equipment for small wireless facilities located in a flood zone shall be mounted on the supporting structure at or above the FEMA base flood elevation plus any federal, state or local freeboard requirement or shall be located in a floodproof underground cabinet.

(4)

Any disturbance to the public right-of-way as a result of the construction of the small wireless facilities shall be restored to its original condition post construction to the satisfaction of the Township Engineer.

Compliance with other regulations. All license or franchise grantees shall, before commencing any construction in the public ways, comply with all regulations of the BPU and of the applicable state, federal and local regulations.

Interference with public ways prohibited. No licensee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the Township, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities shall be moved by the licensee, temporarily or permanently, as determined by the Township Engineer.

Damage to property. No licensee nor any person acting on a licensee's behalf shall take any action or permit any action to be done which may impair or damage any Township property, public ways of the Township, other ways or other property located in, on or adjacent thereto.

Notice of works. Unless otherwise provided in a license agreement, no licensee nor any person acting on the licensee's behalf shall commence any nonemergency work in or about the public ways of the Township or other ways within 10 working days' advance notice to the Township.

Repair and emergency work. In the event of an unexpected repair or emergency, a licensee may commence such repair and emergency response work as required under the circumstances, provided that the licensee shall notify the Township as promptly as possible, before such repair or emergency work or as soon thereafter as possible, if advance notice is not practicable.

Maintenance of facilities. Each licensee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.

Relocation or removal of facilities. Within 30 days following written notice from the Township, a licensee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways whenever the Township shall have determined that such removal, relocation, change or alteration is reasonably necessary for:

(1)

The construction, repair, maintenance or installation of any Township or other public improvement in or upon the public ways.

(2)

The operations of the Township or other governmental entity in or upon the public ways.

AA.

Removal of unauthorized facilities. Within 30 days following written notice from the Township, any licensee, telecommunications carrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public ways of the Township shall, at its own expense, remove such facilities or appurtenances from the public ways of the Township. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:

(1)

Upon expiration or termination of the licensee's telecommunications license.

(2)

Upon abandonment of a facility within the public ways of the Township.

(3)

If the system or facility was constructed or installed without the prior grant of a telecommunications license.

(4)

If the system or facility was constructed or installed without the prior issuance of a required construction permit.

(5)

If the system or facility was constructed or installed at a location not permitted by the licensee's telecommunications license.

BB.

Emergency removal or relocation of facilities. The Township retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the Township, as the Township may determine to be necessary, appropriate or useful in response to any public health or safety emergency.

CC.

Damage to licensee's facilities. Unless directly and proximately caused by the willful, intentional or malicious acts by the Township, the Township shall not be liable for any damage to or loss of any telecommunications facility within the public ways of the Township as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public ways by or on behalf of the Township.

DD.

Restoration of public ways, other ways and Township property.

(1)

When a licensee or any person acting on its behalf does any work in or affecting any public ways, other ways or Township property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to as good a condition as existed before the work was undertaken, unless otherwise directed by the Township.

(2)

If weather or other conditions do not permit the complete restoration required by this section, the licensee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the licensee's sole expense and the licensee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.

(3)

A licensee or other person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle property by reason of such work in or affecting such ways or property and as required by the Traffic Control Plan, Subsection UU of this section.

(4)

All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair or replacement of telecommunications facilities shall be replaced or restored as nearly as may be practicable to its condition existing prior to the start of construction or performance of work. All restoration work within the public ways shall be done in accordance with landscape plans approved by the Township Engineer and as required by this section.

EE.

Facilities maps. Each licensee shall provide the Township with an accurate map or maps certifying the location of all telecommunications facilities within the public ways. In addition, the licensee shall provide a computer aided design and drafting file containing the facilities' mapping in the GIS file format (.dwg and .pdf). Each licensee shall provide updated maps annually.

FF.

Duty to provide information. Within 10 days of a written request from the Township, each licensee shall furnish the Township with information sufficient to demonstrate:

(1)

That licensee has complied with all requirements of this section.

(2)

All books, records, maps and other documents maintained by the licensee with respect to its facilities within the public ways shall be made available for inspection by the Township at reasonable times and intervals.

GG.

Licensee insurance.

(1)

Unless otherwise provided in a license agreement, each licensee shall, as a condition of the license, secure and maintain the following liability insurance policies insuring both the licensee and the Township, and its elected and appointed officers, officials, agents and employees as co-insureds.

(a)

Comprehensive general liability insurance with limits not less than:

[1]

For bodily injury or death to each person: $5,000,000.

[2]

For property damage resulting from any one accident: $5,000,000.

[3]

For all other types of liability: $5,000,000.

(2)

Automobile liability for owned, non-owned and hired vehicles with a limit of $3,000,000 for each person and $3,000,000 for each accident.

(3)

Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.

(4)

Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000.

(5)

The liability insurance policies required by this section shall be maintained by the licensee throughout the term of the telecommunications license, and such other period of time during which the licensee is operating without a license hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the Township, by registered or certified mail, of a written notice, addressed to the Township Clerk, of such intent to cancel or not to renew."

(6)

Within 60 days after receipt by the Township of said notice, and in no event later than 30 days prior to said cancellation, the licensee shall obtain and furnish to the Township replacement insurance policies meeting the requirements of this section.

HH.

General indemnification. Each license agreement shall include, to the extent permitted by law, the licensee's express undertaking to defend, indemnify and hold the Township and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the licensee or its affiliates, officers, employees, agents, contractors or subcontracts in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this section or by a grant agreement made or entered into pursuant to this section.

II.

Construction and completion bond. Unless otherwise provided in a license agreement, a performance bond written by a corporate surety acceptable to the Township equal to at least 100% of the estimated cost of constructing licensee's telecommunications facilities within the public ways of the Township shall be deposited before construction is commenced.

(1)

The construction bond shall remain in force until released by the Township. Licensee may apply, in writing, for such release upon the lapse of at least 60 days after substantial completion of the work, as determined by the Township Engineer, including restoration of public ways and other property affected by the construction. The Township Engineer shall, within 45 days of receipt of the licensee's written request for release, file a written recommendation with the governing body concerning the release. The Township Director of Community Development shall take formal action on the request for release within 45 days of the filing of the Township Engineer's recommendation.

(2)

The construction bond shall guarantee, to the satisfaction of the Township:

(a)

Timely completion of construction;

(b)

Construction in compliance with applicable plans, permits, technical codes and standards;

(c)

Proper location of the facilities as specified by the Township;

(d)

Restoration of the public ways and other property affected by the construction;

(e)

The submission of as-built drawings, as well as a computer aided design and drafting files containing the drawings in the GIS format (.dwg and .pdf), after completion of the work as required by this section; and

(f)

Timely payment and satisfaction of all payments then due to the Township, all claims, demands or liens for labor, material or services provided in connection with the work.

JJ.

Coordination of construction activities. All licensees are required to cooperate with the Township and with each other.

(1)

By February 1 of each year, licensees shall provide the Township with a schedule of their proposed construction activities in, around or that may affect the public ways.

(2)

Each licensee shall meet with the Township, other licensees and users of the public ways annually or as determined by the Township to schedule and coordinate construction in the public ways.

(3)

All construction locations, activities and schedules shall be coordinated, as ordered by the Township Engineer, to minimize public inconvenience, disruption or damages.

KK.

Assignments or transfers of license. Ownership or control of a telecommunications system or license may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the licensee, by operation of law or otherwise, without the prior consent of the Township, which consent shall not be unreasonably withheld or delayed, as expressed by formal act and then only on such reasonable conditions as may be prescribed therein.

(1)

No license shall be assigned or transferred in any manner within 12 months after the initial grant of the license, unless otherwise provided in a license agreement.

(2)

Absent extraordinary and unforeseeable circumstances, no grant, system or integral part of a system shall be assigned or transferred before construction of the telecommunications system has been completed.

(3)

Licensee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the Township not less than 150 days prior to the proposed date of transfer:

(a)

Complete information setting forth the nature, terms and conditions of the proposed transfer or assignment;

(b)

All information required of a telecommunications license applicant pursuant to this section with respect to the proposed transferee or assignee;

(c)

Any other information reasonably required by the Township.

(4)

No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this section.

(5)

Unless otherwise provided in a license agreement, the grantee shall reimburse the Township for all direct and indirect fees, costs, and expenses reasonably incurred by the Township in considering a request to transfer or assign a telecommunications license.

(6)

Any transfer or assignment of a telecommunications grant, system or integral part of a system without prior approval of the Township under this section or pursuant to a license agreement shall be void and is cause for revocation of the license.

LL.

Transactions affecting control of grant. Any transactions which singularly or collectively result in a change of 10% or more of the ownership or working control of the licensee, of the ownership or working control of a telecommunications license or the ownership or working control of affiliated entities having ownership or working control of the the licensee or of a telecommunications system, or of control of the capacity or bandwidth of licensee's telecommunications system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring Township approval pursuant to Subsection KK hereof. Transactions between affiliated entities are not exempt from Township approval.

MM.

Revocation or termination of license. A license granted by the Township to use or occupy public ways of the Township may be revoked for the following reasons:

(1)

Construction or operation in the Township or in the public ways of the Township contrary to a license grant.

(2)

Construction or operation at an unauthorized location.

(3)

Unauthorized substantial transfer of control of the licensee.

(4)

Unauthorized assignment of a license.

(5)

Unauthorized sale, assignment or transfer of licensee's assets, or a substantial interest therein.

(6)

Misrepresentation or lack of candor by or on behalf of a licensee in any application to the Township.

(7)

Abandonment of telecommunications facilities in the public ways.

(8)

Failure to relocate or remove facilities as required in this section.

(9)

Failure to pay fees and costs when and as due the Township.

(10)

Insolvency or bankruptcy of the licensee.

(11)

Violation of material provisions of this section.

(12)

Violation of the material terms of a license agreement.

NN.

Notice and duty to cure. In the event that the Township Director of Community Development believes that grounds exist for revocation of a license, it shall give the licensee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the licensee a reasonable period of time not exceeding 30 days to furnish evidence:

(1)

That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance.

(2)

That rebuts the alleged violation or noncompliance.

(3)

That it would be in the public interest to impose some penalty or sanction less than revocation.

OO.

Hearing. In the event that a licensee fails to provide evidence reasonably satisfactory to the Township Director of Community Development as provided in Subsection NN hereof, the Director shall provide the licensee with notice and a reasonable opportunity to be heard concerning the matter.

PP.

Standards for revocation or lesser sanctions. If persuaded that the licensee has violated or failed to comply with material provisions of this section, or of a license agreement, the Director shall determine whether to revoke the license or to establish some lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors:

(1)

Whether the misconduct was egregious.

(2)

Whether substantial harm resulted.

(3)

Whether the violation was intentional.

(4)

Whether there is a history of prior violations of the same or other requirements.

(5)

Whether there is a history of overall compliance.

(6)

Whether the violation was voluntarily disclosed, admitted or cured.

QQ.

General. No person shall commence or continue with the construction, installation or operation of telecommunications facilities within the Township except as provided in this section.

RR.

Construction codes. Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state, and local codes, rules and regulations including the Electrical Code and Uniform Construction Code currently in effect.

SS.

Construction permits. No person shall construct or install any telecommunications facilities within the Township without first obtaining a license therefor; provided, however, that no license shall be issued for the construction or installation of telecommunications facilities in the public ways unless the telecommunications carrier has applied for and received a license pursuant to this section.

TT.

Engineer's certification. All license applications shall be accompanied by the certification of a professional engineer licensed in New Jersey that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations.

UU.

Traffic control plan. All license applications which involve work on, in, under, across or along any public ways shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with the New Jersey Department of Transportation regulations, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. The plan will be submitted to the Marlboro Township Chief of Police for review and approval. The Township may require the applicant to hire traffic directors (off-duty police officers) on an as-needed basis.

VV.

Construction schedule. The licensee shall submit a written construction schedule to the Township Engineer 10 working days before commencing any work in or about the public ways. The licensee shall further notify the Township Engineer not less than two working days in advance of any excavation or work in the public ways.

WW.

Display of license. The licensee shall maintain a copy of the license and approved plans at the construction site, which shall be displayed and made available for inspection by the Township Engineer or his representatives at all times when construction work is occurring.

XX.

Survey of underground facilities. If the license specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the licensee shall cause the location of such facilities to be verified by a licensed New Jersey land surveyor. The licensee shall relocate any facilities which are not located in compliance with license requirements.

YY.

Noncomplying work. Upon order of the Township Engineer, all work which does not comply with the license, the approved plans and specifications for the work, or the requirements of this section, shall be removed.

ZZ.

Completion of construction. The licensee shall promptly complete all construction activities so as to minimize disruption of the Township ways and other public and private property. All construction work authorized by a license within Township ways, including restoration, must be completed within 120 days of the date of issuance.

AAA.

As-built drawings. Within 60 days after completion of construction, the licensee shall furnish the Township with two complete sets of plans, drawn to scale and certified to the Township as accurately depicting the location of all telecommunications facilities constructed pursuant to the permit. This information shall be provided through computer aided design and drafting files in a GIS file format (.dwg and .pdf).

BBB.

Exceptions. Unless otherwise provided in a license agreement, all telecommunications carriers are subject to the requirements of this section.

CCC.

Responsibility of owner. The owner of the facilities to be constructed and, if different, the licensee, are responsible for performance of and compliance with all provisions of this section.