[Added 12-15-1994 by Ord. No. 34-94; amended 12-11-1997 by Ord. No. 32-97; 5-9-2002 by Ord. No. 2002-13]

Private tennis and sports courts, where allowed as accessories to a single-family residence, shall adhere to the following standards:

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

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

C. For a tennis court, back line fencing and side line fencing from the baseline to the back of the court shall not exceed 12 feet in height. The remaining side line fencing shall not exceed six feet. For a sports court, fencing shall not exceed six feet in height.

D. Lighting.

(1) Lighting of exterior tennis or sports courts shall be designed to minimize its impact on adjoining properties and roadways. This minimization shall be accomplished through the use of shields, proper orientation, selection of fixtures and other controls.

(2) Lighting will only be permitted for the purposes of illuminating a court for recreational play.

(3) The minimum setback for an illuminated tennis or sports court shall be 50 feet.

(4) Lights shall be turned off not later than 10:00 p.m.

(5) Light stanchions shall be the minimum practical height for the intended use.

(6) Illumination levels measured at the property line shall be less than 0.5 footcandle measured three feet above grade and 2.0 footcandles measured by aiming a light meter at the light bank, as certified by the proposed lighting manufacturer.

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

F. A lot grading plan shall be submitted to the Municipal Engineer in accordance with the requirements below, prior to the issuance of a construction/zoning permit for the erection or installation of a tennis or sports court. The purpose of the grading plan is to address the impacts of the tennis or sports court on existing and future drainage patterns.

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

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

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

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

(d) The proposed elevation of the finished tennis or sports court for the subject property.

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

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

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

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

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

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

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

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

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

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

G. Areas adjacent to tennis or sports courts shall be landscaped to the approval of the Municipal Engineer, including trees, shrubs and lawn, in order to serve as a buffer between said use and the adjoining residential properties. Where natural screening does not exist, additional planting shall be required in accordance with a landscaping plan to be approved by the Municipal Engineer. Such planting shall be designed to provide a year-round visual screening between the tennis or sports court and adjacent residential properties.

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

Private recreational structures and equipment, including but not limited to swing sets, play systems, play houses, play structures, recreational apparatus and jungle gyms, shall be permitted accessory uses to single-family residences and shall adhere to the following standards:

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

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

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

D. Private recreational structures and equipment shall be set back a minimum of 20 feet from any other structures, such as fencing, sheds and pools.

[Added 10-20-2005 by Ord. No. 2005-45]

A. Definition. "Ornamental landscape structures" shall mean an accessory structure placed year round in a fixed location in a yard or open space to provide a decorative or ornamental element to the grounds and gardens of the principal use, Ornamental landscape structures shall include entry posts or stanchions and other such structures.

B. Requirements and limitations. Ornamental landscape structures are permitted as an accessory structure to nonresidential and multifamily uses and a single-family use on a minimum 10,000 square foot lot.

(1) In conjunction with a nonresidential use or a multifamily use, ornamental landscape structures shall be placed only in accordance with the approved site plan.

(2) In conjunction with a single-family dwelling, ornamental landscape structures are only permitted on a minimum ten-thousand-square-foot lot and subject to the following requirements:

(a) Ornamental landscape structures may be located in the minimum required front yard area specified for the zone, provided that such structures meet the criteria set forth in Table 1.

(b) Ornamental landscape structures exceeding 6.5 feet in height shall adhere to the minimum yard requirements and the maximum height requirement for accessory structures.

(c) A lamppost and its luminary may be erected on top of the proposed structure, provided that the structure meets the standards established above.

(d) Exterior lighting shall conform to the applicable performance standards as established within this section.

Applies to single-family residential lots with a minimum of 10,000 square feet only

Maximum height of the OLS should be measured from the lowest point at ground level.

Maximum horizontal dimension of each OLS, including any wing walls or built-in planters, shall be the lesser of 8% times the length of the lot frontage or 18 feet. Maximum frontage horizontal dimensions is the OLS end to end width projected parallel with the front property line.

Maximum total area foot print coverage of all OLSs together cannot exceed the lesser of 0.8 multiplied by the length of the lot frontage or 100 square feet.

Lots with circular driveways that have two driveway egress points are allowed two pairs of OLSs on the front of the lot that must meet all of the dimensional requirements.

OLS Setback Requirements

OLSs are not allowed in the public right-of-way and must be wholly within the lot line boundaries.

Minimum required front setback from the edge of the street pavement for all OLSs for lots with or without a sidewalk shall be the greater of six feet or the distance between the edge of pavement and the right-of-line. All OLSs must be installed behind the sidewalk, if a sidewalk exists.

In the event that a sidewalk is installed subsequent to the installation of OLSs, it is responsibility of the property owner to comply to the setback rules for properties with sidewalks at the expense of the property owner.*

NOTE:

* This is a "builder beware" statement that the homeowner may have to move OLSs if the Town decides to install sidewalks later. So the homeowner bears the risk of having to later move OLSs even if they initially conform when there is no sidewalk.

[Added 6-13-2013 by Ord. No. 2013-14]

A. Definitions. PORTABLE STORAGE UNITS (hereinafter referred to as "PSU(s)") are units loaded with materials and placed on a property authorized for residential use for the purpose of temporarily storing materials, including any container, storage unit, shed-like container or other portable structure that can be or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements.

B. Permitted temporary uses. PSUs may be utilized as a temporary structure within the Township when in compliance with the standards of this subsection. It shall be the obligation of the owner and/or user of such temporary structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary structure. Any use of such structures within the Township not in compliance with this subsection shall be unlawful.

C. Permit required; application; fee. Before a PSU is placed on any property, the owner, tenant or contractor working on the subject property must submit an application for a zoning permit approving such placement from the Department of Community Development. If the permit application is made by a tenant or contractor, written permission of the owner of the subject property for the placement of such PSU on the subject property must be provided to the Department of Community Development before a permit is issued. Permits shall be issued for a time period of sixty (60) days for a fee of $25.

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

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

F. Duration.

(1) PSUs may be located as a temporary structure on property within the Township for a period not exceeding sixty (60) days in duration from time of delivery to time of removal. Such temporary structure may not be located on the same specific property more than two times in any given one-year period.

(2) In the event of high winds or other weather conditions in which such structure may become a physical danger to persons or property, the Zoning Officer or a Code Enforcement Officer may require the immediate removal of such temporary structure.

(3) In the event of fire, hurricane or natural disaster causing substantial damage to a structure, the property owner may apply to the Township for permission to extend the time that a PSU may be located as a temporary structure on the property. Application for such extended duration shall be made in writing and filed with the Department of Community Development and shall give sufficient information to determine whether such extended duration should be granted. The Zoning Officer shall determine whether or not to grant such extended duration and the length of such extension. In the event of an adverse decision by the Zoning Officer, the applicant may appeal such decision to the Township Council. In the event of such appeal, the decision of the Township Council shall be final.

G. Location. PSUs are prohibited from being placed in streets, public rights-of-way, or on unimproved surfaces in the front yard of a property and may only be placed upon driveways, side and rear yards, if such locations meet the requirements of this section. All such locations must be paved, off-street surfaces at the furthest accessible point from the street, and all must comply with the side yard accessory structure setback requirements for any accessory structures in the zone in which such PSU is located. If the property does not have a driveway, or cannot meet the standards described herein, the Zoning Officer may, as part of the permit approval process, approve the placement of a PSU in the front yard. If such PSU is to be permitted to be located in the front yard, the PSU must be kept at the furthest accessible point from the street and the surrounding area must be maintained in a weed-free condition. Wherever PSUs may be placed, they shall be subject to all property maintenance standards applicable to accessory structures. No PSU shall be allowed to remain outside in a state of disassembly or disrepair.

H. Violations and penalties. Any PSU placed in violation of this section or which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of the Zoning Officer or a law enforcement officer for removal of such temporary structure for safety reasons, shall be punishable, upon conviction thereof, by a fine not to exceed $1,250 or by imprisonment for a term not to exceed ninety (90) days, or both, for each violation committed hereunder. Notwithstanding anything to the contrary contained herein, a violation of any portion of this Section may be punishable by a fine exceeding $1,250, but not more than $2,000, provided that the owner of the subject property be afforded a thirty-day period to cure or abate such violation and shall also be afforded an opportunity for a hearing before the Municipal Court for an independent determination concerning said violation. Subsequent to the expiration of the thirty-day cure period, a fine greater than $1,250, but not more than $2,000, may be imposed if the Municipal Court has not determined otherwise, or/if, upon reinspection of the subject property, it is determined that the abatement of the violation has not been completed. Every day that a violation continues after service of written notice by certified and/or regular mail on the owner of the subject property as shown in the latest tax duplicate shall be deemed a separate offense. The court may also order the removal of the violation by the Township, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure or PSU was located and may be filed as a lien against such property by the Township Clerk. Such lien shall be superior in dignity to all other liens or encumbrances upon the property, including the lien of a mortgage, and shall be equal in dignity to the lien of ad valorem taxes.

[Amended 5-14-1987 by Ord. No. 18-87; 6-25-1992 by Ord. No. 13-92; 7-16-2009 by Ord. No. 2009-23]

A. Statutory authorization; findings of fact; purpose and objectives.

(1) Statutory authorization. The Legislature of the State of New Jersey in N.J.S.A. 40:48-1 et seq. has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Township Council of the Township of Marlboro, State of New Jersey, does ordain the following provisions.

(2) Findings of fact.

(a) The flood hazard areas of the Township of Marlboro are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards, causing increases in flood heights and velocities, and, when inadequately anchored, damage uses in other areas. Uses which are inadequately elevated, floodproofed or otherwise protected from flood damages also contribute to the flood loss.

(3) Statement of purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(a) Protect human life and health.

(b) Minimize expenditure of public money for costly flood control projects.

(c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.

(d) Minimize prolonged business interruptions.

(e) Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.

(f) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.

(g) Ensure that potential home buyers are notified that property is in an area of special flood hazard.

(h) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(4) Methods of reducing flood losses. In order to accomplish its purposes, this section includes the following methods and provisions:

(a) Restricts or prohibits uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increase in erosion or in flood heights or velocities.

(b) Requires that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

(c) Controls the alteration of natural floodplains, stream channels and natural protective barriers which help accommodate or channel floodwaters.

(d) Controls filling, grading, dredging and other development which may increase flood damage.

(e) Prevents or regulates the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

B. Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

APPEAL A request for a review of the Construction Official's interpretation of any provision of this section or a request for a variance.

AREA OF SHALLOW FLOODING A designated AO, AH or VO Zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one-percent or greater annual chance of flooding to an average depth from one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

BASE FLOOD The flood having a one-percent chance of being equaled or exceeded in any given year.

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

BREAKAWAY WALL A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

DEVELOPMENT Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, storage of equipment or materials, excavation or drilling operations located within the area of special flood hazard.

DIGITAL FLOOD INSURANCE RATE MAP (DFIRM) The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

ELEVATED BUILDING A nonbasement building built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posts and piers) or shear walls parallel to the flow of the water, and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In the area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters.

FLOOD INSURANCE STUDY The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Digital Flood Insurance Rate Map (DFIRM) and the water surface elevation of the base flood.

FLOOD OR FLOODING A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters.

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN MANAGEMENT REGULATIONS Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODWAY The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE Any structure that is:

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

(2) Certified and preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a State Inventory of Historic Places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either as an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement, is not considered a building's "lowest floor," provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.

MANUFACTURED HOME A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include a recreational vehicle, park trailers, travel trailers and other similar vehicles.

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

NEW CONSTRUCTION Structures for which the start of construction commenced on or after the effective date of this section and includes any subsequent improvements to such structure.

NEW MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.

RECREATIONAL VEHICLE A vehicle which is built on a single chassis; 400 square feet or less when measured at the longest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters, for recreational, camping, travel or seasonal use.

START OF CONSTRUCTION (For other than new construction or substantial improvements under the Coastal Barrier Resources Act, P.L. 94-348) includes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE A walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground.

SUBSTANTIAL DAMAGE Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT Any repair, rehabilitation, addition, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the start of construction of the improvement or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:

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

(2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places, provided that the alteration will not preclude the structure's continued designation as an historic structure.

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

C. General provisions.

(1) Lands to which this section applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the Township of Marlboro.

(2) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report entitled "Flood Insurance Study, Monmouth County, New Jersey," dated September 25, 2009, with accompanying Flood Insurance Rate Maps for Monmouth County, New Jersey, as shown on Index and Panel Numbers 34025C0020F, 34025C0038F, 34025C0039F, 34025C0130F, 34025C0135F, 34025C0141F, 34025C0142F, 34025C0151F, 34025C0152F, 34025C0153F, 34025C0154F, 34025C0161F, 34025C0163F; the effective date of which is September 25, 2009. The above-referenced documents are hereby adopted and declared to be part of this section. The Flood Insurance Study and maps are on file in the Marlboro Township Engineering Department, located at 1979 Township Drive.

(3) Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted or structurally altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Construction Official or his or her designee from taking such other lawful action as is necessary to prevent or remedy any violation.

(4) Abrogation and greater restrictions. This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(5) Interpretation. In the interpretation and application of this section, all provisions shall be:

(a) Considered as minimum requirements.

(b) Liberally construed in favor of the governing body.

(c) Deemed neither to limit nor repeal any other powers granted under state statutes.

(6) Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the Township of Marlboro or any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

D. Administration. [Amended 10-15-2009 by Ord. No. 2009-29]

(1) Establishment of development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Subsection C(2). Application for a development permit shall be made to the Construction Official on forms furnished by him or her and may include but not be limited to the following plans, in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:

(a) Elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures.

(b) Elevation, in relation to mean sea level, to which any nonresidential structure has been floodproofed.

(c) Plans showing how any nonresidential floodproofed structure will meet the floodproofing criteria of Subsection E(2)(b), and after the structure is built, a certification by a registered professional engineer or architect that the structure as built meets the criteria of Subsection E(2)(b).

(d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(2) Designation of Construction Official. The Construction Official is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.

(3) Duties and responsibilities of the Construction Official shall include but not be limited to:

(a) Permit review.

[1] Review all development permits to determine that the permit requirements of this section have been satisfied.

[2] Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

[3] Review all development permits to determine if such proposed development is located in the floodway and assure that the encroachment provisions of Subsection F(4)(c) are met.

(b) Use of other base flood data. When base flood elevation and floodway data has not been provided in accordance with Subsection C(2), Basis for establishing the areas of special flood hazard, the Construction Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsection E(2)(a), Specific standards, residential construction, and Subsection E(2)(b), Specific standards, nonresidential construction.

(c) Information to be obtained and maintained:

[1] Verify and record the actual elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures, and whether or not the structure contains a basement.

[2] For all new or substantially improved floodproofed structures:

[a] Verify and record the actual elevation in relation to mean sea level.

[b] Maintain the floodproofing certifications required in Subsection D(1)(c).

[c] Maintain for public inspection all records pertaining to the provisions of this section.

(d) Alteration of watercourses.

[1] Notify adjacent communities and New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section and Land Use Regulation Program, of and prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

[2] Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

(e) Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section.

(4) Variance procedure.

(a) Appeal board.

[1] The Planning Board of the Township of Marlboro shall decide appeals, except in the case of a use variance, then the Board of Adjustment shall be the agency to grant relief from the requirements of this section.

[2] The Planning Board, or Board of Adjustment in the case of a use variance, will hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Construction Official in the enforcement or administration of this section.

[3] Those aggrieved by the decision of the Planning Board or Board of Adjustment, or any taxpayer, may appeal such decision to the Township Council.

[4] Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

[5] Upon consideration of the factors listed above and the purposes of this section, the Planning Board, or Board of Adjustment in the case of a use variance, may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

[6] The Planning Board Secretary shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

(b) Conditions for variances.

[1] Variances may be issued for the repair, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this subsection and upon a determination that the proposed repair, rehabilitation or restoration will not preclude structures continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

[2] Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. However, variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

[3] Variances shall only be issued upon:

[a] A showing of good and sufficient cause.

[b] A determination that failure to grant the variance would result in exceptional hardship to the applicant.

[c] A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or create nuisances, cause fraud on or victimization of the public as identified in Subsection D(4)(a) of this section or conflict with existing local laws or ordinances.

[4] Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of 50 lots or five acres (whichever is less).

[5] Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

E. Provisions for flood hazard reduction.

(1) General standards. In all areas of special flood hazards, the following provisions are required:

(a) Anchoring.

[1] All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

[2] All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

(b) Construction materials and methods.

[1] All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

[2] All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(c) Utilities.

[1] All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

[2] New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

[3] On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

[4] Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(d) Subdivision proposals.

[1] All subdivision proposals shall be consistent with the need to minimize flood damage.

[2] All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

[3] All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

[4] Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of 50 lots or five acres.

(e) Enclosure openings. For all new construction and substantial improvements, the fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

[1] A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

[2] The bottom of all openings shall be no higher than one foot above grade.

[3] Openings may be equipped with screens, louvers or other covering or devices, provided that they permit the automatic entry and exit of floodwaters.

(2) Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Subsection C(2), Basis for establishing the areas of special flood hazard, or Subsection D(3)(b), Use of other base flood data, the following provisions are required:

(a) Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation.

(b) Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. The standards of this subsection are to be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in Subsection D(3)(c)[2].

(c) Manufactured homes.

[1] Manufactured homes shall be anchored in accordance with Subsection E(1)(a)[2].

[2] All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation, such that the top of the lowest floor is at or above the base flood elevation.

F. Floodplain management regulations. [Amended 10-15-2009 by Ord. No. 2009-29]

(1) When the Construction Official has not defined the special flood hazard areas within a community, has not provided water surface elevation data and has not provided sufficient data to identify the floodway or coastal high-hazard area, but the community has indicated the presence of such hazards by submitting an application to participate in the program, the community shall:

(a) Require permits for all proposed construction or other development in the community, including the placement of mobile homes, so that it may determine whether such construction or other development is proposed within flood-prone areas.

(b) Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1334.

(c) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements, including the placement of prefabricated buildings and mobile homes, shall:

[1] Be designed or modified and adequately anchored to prevent flotation, collapse or lateral movement of the structure.

[2] Be constructed with materials and utility equipment resistant to flood damage.

[3] Be constructed by methods and practices that minimize flood damage.

(d) Review subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that:

[1] All such proposals are consistent with the need to minimize flood damage within the flood-prone area.

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

[3] Adequate drainage is provided to reduce exposure to flood hazards.

(e) Require within flood-prone areas new and replacement water supply systems to be designed so as to minimize or eliminate infiltration of floodwaters into the systems.

(f) Require within flood-prone areas:

[1] New and replacement sanitary sewage systems to be designed so as to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

[2] On-site waste disposal systems to be located so as to avoid impairment to them or contamination from them during flooding.

(2) When the Construction Official has designated areas of special flood hazards (A Zones) by the publication of a community's DFIRM, but has neither produced water surface elevation data nor identified a floodway or coastal high-hazard area, the community shall:

(a) Require permits for all proposed construction and other developments, including the placement of mobile homes, within Zone A on the community's DFIRM.

(b) Require the application of the standards in Subsection F(1)(b), (c), (d), (e) and (f) to development within Zone A on the community's DFIRM.

(c) Require that all subdivision proposals and other proposed new developments greater than 50 lots or five acres, whichever is the lesser, include within such proposals base flood elevation data.

(d) Obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source, until such other data has been provided by the Construction Official, as criteria for requiring that all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated or floodproofed to or above base flood level, and that all new construction and substantial improvements of nonresidential structures have the lowest floor elevated or floodproofed to or above base flood level.

(e) For the purpose of the determination of applicable flood insurance risk premium rates within Zone A on a community's DFIRM, obtain the elevation, in relation to mean sea level, of the lowest habitable floor, including basement, of all new or substantially improved structures, and whether or not such structures contain a basement, and obtain, if the structure has been floodproofed, the elevation, in relation to mean sea level, to which the structure was floodproofed, and maintain a record of all such information with the official designated by the community.

(f) Notify, in riverine situations, adjacent communities and the state coordinating officer prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Construction Official.

(g) Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

(h) Require that all mobile homes to be placed within Zone A on a community's DFIRM shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, and mobile homes less than 50 feet long requiring one additional tie per side, and that frame ties be provided at each corner of the home, with five additional ties per side at intermediate points, and mobile homes less than 50 feet long requiring four additional ties per side; that all components of the anchoring system be capable of carrying a force of 4,800 pounds; and that any additions to the mobile home be similarly anchored.

(i) Require that an evacuation plan indicating alternate vehicular access and escape routes be filed with appropriate disaster preparedness authorities for mobile home parks and mobile home subdivisions located within Zone A on the community's DFIRM.

(3) When the Construction Official has provided a notice of final base flood elevations within Zone AE on the community's DFIRM and, if appropriate, has designated AO Zones, A99 Zones and unnumbered A Zones on the community's DFIRM, but has not identified a regulatory floodway or coastal high-hazard area, the community shall:

(a) Require the standards of Subsection F(2) of this section within all AE Zones, unnumbered A Zones and AO Zones on the community's DFIRM.

(b) Require that all new construction and substantial improvements of residential structures within Zone AE on the community's DFIRM have the lowest floor, including basement, elevated to or above the base flood level, unless the community is granted an exception by the Construction Official for the allowance of basements and/or storm cellars.

(c) Require that all new construction and substantial improvements of nonresidential structures within Zone AE on the community's DFIRM have the lowest floor, including basement, elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(d) Provide that where floodproofing is utilized for a particular structure in accordance with Subsection F(3)(c) and (h), either a registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood, and a record of such certificates indicating the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained with the official designated by the community, or a certified copy of a local regulation containing detailed floodproofing specifications which satisfy the watertight performance standards of Subsection F(3)(c) of this section shall be submitted to the Administration for approval.

(e) Require within Zone AE on the community's DFIRM for new mobile home parks and mobile home subdivisions, for expansions to existing mobile home parks and mobile home subdivisions and for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before the repair, reconstruction or improvements have commenced, that stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile homes will be at or above the base flood level; that adequate surface drainage and access for a hauler are provided; and that in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for pilings more than six feet above the ground level.

(f) Require for all mobile homes to be placed within Zone AE on the community's DFIRM but not into mobile home parks or mobile home subdivisions, that stands or lots are elevated in compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; that adequate surface drainage and access for a hauler are provided; and that in the instance of elevation on pilings, lots are large enough to permit steps, piling foundations are placed in stable soil no more than 10 feet apart and reinforcement is provided for piers more than six feet above ground level.

(g) Require within any AO Zone on the community's DFIRM that all new construction and substantial improvements of residential structures have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the community's DFIRM.

(h) Require within any AO Zone on the community's DFIRM that all new construction and substantial improvements or nonresidential structures have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the DFIRM or, together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(i) Require within any A99 Zone on a community's DFIRM the standards of Subsection F(1)(a), (b), (c) and § 220-46F(2)(e) through (i) of this section.

(j) Require until a regulatory floodway is designated that no new construction, substantial improvements or other development, including fill, shall be permitted within Zone AE on the community's DFIRM unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than 0.2 foot at any point within the community.

(4) When the Construction Official has provided a notice of final base flood elevations within Zone AE on the community's DFIRM and, if appropriate, has designated AO Zones, A99 Zones and unnumbered A Zones on the community's DFIRM and has provided data from which the community shall designate its regulatory floodway, the community shall:

(a) Meet the requirements of Subsection F(3)(a) through (i) of this section.

(b) Select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than 0.2 foot at any point.

(c) Prohibit encroachments, including fill, new construction, substantial improvements and other development, within the adopted regulatory floodway that would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(d) Prohibit the placement of any mobile homes, except in an existing mobile home park or mobile home subdivision, within the adopted regulatory floodway.

(e) Prohibit any proposed development, in all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, whose cumulative effect, when combined with all other existing and anticipated development, increases the water surface elevation of the base flood by more than 0.2 of a foot at any point.

G. Variances and exceptions.

(1) The Construction Official does not set forth absolute criteria for granting variances from the criteria set forth in this section. The issuance of a variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. The community, after examining the applicant's hardships, shall approve or disapprove a request. While the granting of variances generally is limited to a lot size less than 1/2 acre, as set forth in Subsection G(2)(b) of this section, deviations from that limitation may occur. However, as the lot size increases beyond 1/2 acre, the technical justification required for issuing a variance increases. The Construction Official may review a community's findings justifying the granting of variances, and if that review indicates a pattern inconsistent with the objectives of sound floodplain management, the Construction Official may take appropriate action under this section.

(2) Variances may be issued by a community for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or a State Inventory of Historic Places without regard to the procedures set forth in this subsection. Procedures for the granting of variances by a community are as follows:

(a) Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(b) Variances may be issued by a community for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures of Subsection G(2)(c), (d) and (e) of this section.

(c) Variances shall only be issued by a community upon a showing of good and sufficient cause; a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances; and a determination that failure to grant the variance would result in exceptional hardship to the applicant.

(d) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(e) A community shall notify the applicant in writing, over the signature of a community official, that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and that such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required under this section.