The following regulations shall apply in the LC Land Conservation District:
A. Permitted uses. [Amended 5-19-1988 by Ord. No. 23-88; 12-14-1993 by Ord. No. 69-93; 1-25-2001 by Ord. No. 2001-1]
(1) Single-family dwellings.
(2) Federal, state, county and municipal buildings and grounds.
(3) Public and private golf courses but no other outdoor recreation facility.
(4) Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
(5) Commercial swimming pools and swimming clubs.
(6) Cluster development. The reduction of lot size shall be permitted according to the following standards and the cluster provisions of § 220-41:
(a) The minimum size of a tract or parcel of land proposed for development under the cluster development provisions of this section shall be 10 acres.
(b) The maximum number of residential building lots for each cluster development shall be computed on the basis of 0.185 lot per gross acre. If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number.
(c) Land area equal to a minimum of 40% of the gross area of the proposed development shall not be included in lots but shall be either offered to the Township of Marlboro as part of the Municipal Zone and to be used in furtherance of the best interests of the Township, which may include outdoor recreation facilities, or set aside as common property and maintained by a homeowners' association. Land utilized for street rights-of-way may be included in the above 40%. All streets within the development shall be offered to the Township.
(d) The minimum lot requirements for a cluster development shall be:
[1] Lot size: 55,000 square feet.
[2] Street frontage: 200 feet, except that a minimum frontage of 150 feet may be allowed on lots where 75% or more of the frontage is on an outside curve having a radius of less than 500 feet, provided the resulting subdivision conforms to good subdivision design practices.
[3] Lot width: 200 feet.
[4] Front yard: 75 feet.
[5] Main building side yard: 40 feet; accessory building or structure, 40 feet.
[6] Main building rear yard: 50 feet; accessory building or structures: 40 feet. However, in those cases where the full length of the rear and/or side lot line is contiguous to a Township-owned greenway of at least 50 feet in depth and no portion of said rear or side line is within a perpendicular distance of 150 feet of a Township street right-of-way, an accessory building or structure may be located within 15 feet of the rear and/or side lot line meeting the aforementioned requirements. If a rear or side line setback of less than 40 feet is utilized, suitable landscaping shall be provided to shield the structure from the rear and side lot line direction, drainage shall be controlled so as not to cause flooding or erosion of adjacent property and site plan approval shall be requested. Under these conditions, the minimum required rear and side line setback requirements of § 220-179B shall be 15 feet.
(e) The lands offered to the Township shall meet the following requirements:
[1] The minimum size of each parcel so dedicated shall be four acres.
[2] Every parcel of land so dedicated on a subdivision plat of a cluster development shall be conveyed to the Township free of any liens of any nature at the time final approval is granted to the Township to the final subdivision plat, and each parcel so dedicated shall have the following wording written on the plat in conformance with the subdivision provisions: "Lands dedicated to the Township of Marlboro for Township purposes under the cluster development provisions of the Land Use Development and Regulations Ordinance of the Township of Marlboro."
[3] The land so dedicated shall be contiguous to a minimum of 25% of the lots in the subdivision proposed for the cluster development.
[4] The lands so dedicated shall include, whenever feasible, natural features such as streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value. The developer may be required to plant trees or make other similar landscaping improvements in order to qualify open land for acceptance by the Township. Landscaping plans shall be prepared by a professional landscaper or one who commonly prepares landscaping plans. Each such person shall affix his name, title, address and signature to such plans.
[5] The lands so dedicated shall be subject to approval by the Township Planning Board. The Board, in its review and evaluation of the suitability of such land, shall be guided by the Master Plan of the Township of Marlboro, by the ability to assemble and link such lands to adjoining areas in order to form continuous bands of open space and by the accessibility to potential utility of such lands.
[6] The proposed roads within the cluster development shall not interconnect with existing or proposed roads in a manner forming continuous or through roads.
[7] The proposed roads within the cluster development shall be designed to discourage any high-speed or through traffic, shall have the exclusive function of providing access to properties abutting the road and shall follow the contours of the land to the greatest extent possible.
[8] The lands so dedicated shall be monumented at all intersections with existing and proposed street lines in the same manner as required by the Map Filing Law (N.J.S.A. 46:23-9.12, as amended). All interior corners and changes in direction shall be marked with concrete posts or equivalent, as approved by the Planning Board, which are a minimum of five inches square or in diameter, are set a minimum of four feet into the ground and extend above the ground a minimum of four feet.
(f) All other provisions of this chapter which are applicable to lands in the LC District and which have not been specifically modified in this subsection shall also apply to lands developed under this section.
B. Permitted accessory uses. [Amended 12-15-1994 by Ord. No. 34-94]
(1) Private garages and carports.
(2) Fences, subject to the provisions of § 220-95 of this chapter.
(3) Private tennis courts, subject to the provisions of § 220-43 of this chapter.
(4) Private swimming pools, subject to the provisions of §§ 220-42 and 220-96 of this chapter.
(5) Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
C. Area, yard and building requirements. The area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.
D. Uses requiring a conditional use permit, subject to the provisions of Article IV of this chapter.
(1) Public utilities.
E. Other provisions.
(1) A minimum of 80% of the area of any lot utilized for a single-family use in the Land Conservation District which is not in a cluster development shall be left in its natural state. It shall not be covered by any buildings, structures or paving materials. No trees, shrubbery or ground cover shall be removed, nor shall the soil or existing grade be altered, except that dead growth and debris may be removed from the parcel. [Amended 1-25-2001 by Ord. No. 2001-1]
(2) A minimum of 80% of the area of any lot utilized for a permitted use other than a single-family home shall be left in its natural state unless otherwise authorized by the Planning Board during site plan review.
F. Signs are subject to the provisions of § 220-99 of this chapter.
G. Off-street parking is subject to the provisions of § 220-97 of this chapter.
H. Golf course/open space residential community (GCOSRC). [Added 5-24-1990 by Ord. No. 20-90; amended 8-11-1994 by Ord. No. 20-94]
(1) Permitted uses. The following shall be permitted uses in a golf course/open space residential community:
(a) Single-family dwellings.
(b) Public and private golf courses.
(c) Cluster development. Notwithstanding the provisions of § 220-47A(6), reduction of lot size shall be permitted according to the following standards and the cluster provisions of § 220-47A(6); provided, however, that wherever the following standards are inconsistent with any of the provisions of the Land Use and Development Regulations of the Township of Marlboro, constituting Chapter 220 of the Code of the Township of Marlboro, the standards set forth herein shall control:
[1] The minimum gross acreage of a tract or parcel of land proposed for development under the cluster development provisions of this section, inclusive of the golf course or open space area, shall be 300 contiguous acres. The maximum gross acreage under the cluster development provision of this subsection, inclusive of the golf course or open space area, shall be 450 contiguous acres.
[2] The maximum number of residential building lots for each cluster development shall be computed on the basis of 0.387 lot per gross acre of the entire tract for a golf course and on the basis of 0.437 lot per gross acre of the entire tract for open space, inclusive of the golf course or open space area, respectively.
[3] The tract or parcel of land must be serviced by either a sanitary sewer system or septic system. All single-family dwellings and any clubhouse must be serviced by a municipal water supply. Wells can be used to service the golf course as long as the wells are metered and the total amount of water taken from all wells does not exceed 5,000,000 gallons per twelve-month period. Water consumption from any wells will be reported monthly to the Marlboro Township Clerk.
[4] A minimum of 100 acres of land shall consist of land to be developed and used as a golf course and its permitted accessory uses or dedicated as open space. Said minimum land area shall either not be included within residential lots but shall be set aside and developed as a golf course and the permitted accessory uses or set aside as open space or be included within the residential lots but be subject to an easement restricting that portion of the residential lots so included to be used and developed and maintained as part of the golf course or open space, or any combination of the foregoing; provided, however, at least 75 acres of said land shall not be included in the residential lots.
[a] Easements restricting portions of the residential lots to use as a part of the golf course or open space shall not affect more than 40% of any lot, and said easement(s) shall be restricted in perpetuity to a conservation/open space use or golf course use.
[b] No fences or other obstructions shall be permitted in the easement area restricted as set forth in Subsection H(1)(c)[4][a] above.
[c] Title to that portion of the tract not within a residential lot shall remain restricted in perpetuity to use as a golf course and its permitted accessory uses or as open space and shall be separately taxed.
[d] The golf course, clubhouse and any accessory uses shall be restricted for the benefit of members and guests.
[e] Owners of lots in the subdivision arising out of this subsection pursuant to which a golf course is constructed shall, so long as they shall continue to be such owners, have the right of membership in and use of the golf course upon fulfilling the requirements of other users or members.
[f] At the time of final approval of the subdivision, a restrictive covenant, in form satisfactory to the Planning Board, shall be recorded with the County Clerk, restricting in perpetuity the use of the land intended for the golf course or open space for such use and accessory uses only and prohibiting development of the land in any other manner, and providing that the Township or any other interested party shall have the right to enforce the restrictive covenant, and providing that the owners of the residential lots created pursuant to the subdivision, so long as they shall continue such ownership, shall have the right of membership in any golf club created so long as such owners shall fulfill the requirements of membership imposed upon other members.
[5] Land area equal to 40% of the gross area of the proposed development shall not be included in lots but shall be offered to the Township of Marlboro for Township purposes. Land utilized for street rights-of-way may be included as part of the above 40%. All streets within the development shall be offered to the Township.
[6] As an alternative to complying with the requirements of Subsection H(1)(c)[5], which immediately precedes this subsection, and at the option of the developer, the developer shall donate and pay over to the Township for purposes of preserving the environment, fostering public recreational facilities and contributing to off-site transportation, the sum of $15,000 per proposed building lot, payable 5% at the time of preliminary approval and the balance on a pro rata basis at the time of the issuance of certificates of occupancy.
(2) Bulk requirements for the golf course/open space residential community.
(a) Any golf course shall include and be serviced by a main clubhouse containing not less than 15,000 square feet plus 20 square feet for each residential lot in the community in excess of 50.
(b) Any golf course shall provide for 18 holes with a minimum of 6,500 yards and shall comply with the Professional Golf Association (PGA) standards for a championship golf course. Only one eighteen-hole golf course residential community shall be permitted in any contiguous LC Zone.
(c) Minimum lot dimensions, minimum required yard area, building requirements and maximum percent of lot coverage for the residential lots shall be as follows:
[1] Lot area: a minimum of 40,000 square feet if serviced by sanitary sewer facilities or a minimum of 55,000 square feet if serviced by a septic system.
[2] Lot frontage: a minimum of 225 feet for any lot which accesses onto a preexisting street and a minimum of 160 feet for all other lots, except those lots which front on a cul-de-sac, in which case the permitted lot frontage shall be 50 feet.
[3] Lot width: a minimum of 225 feet for any lot which accesses onto a preexisting street and minimum 160 feet for all other lots.
[4] Lot depth: a minimum of 200 feet.
[5] Front yard setback: a minimum of 50 feet. Minimum front yard setbacks shall be 75 feet on any lot that fronts on a preexisting street or roadway.
[6] Side yard setback: for principal buildings, minimum 50 feet for any lot accessing onto a preexisting street and minimum 40 feet for all other lots; for accessory buildings, a minimum of 30 feet.
[7] Rear yard setback: a minimum of 50 feet for principal buildings; a minimum of 25 feet for accessory buildings, in both cases, exclusive of any golf course easement allowed pursuant to § 220-47H(1)(c)[4][a] above.
[8] Building height: a maximum of 35 feet for a principal residential building and a maximum of 15 feet for other accessory buildings.
[9] Gross floor area: a minimum of 3,000 square feet.
[10] Ground floor area: a minimum of 1,500 square feet.
[11] Lot coverage: a maximum impervious lot coverage of 20%.
[12] Pavement width: pavement width for interior streets: 30 feet.
[13] Clubhouse parking: a minimum of one parking space for every three club memberships.
(3) Permitted accessory uses.
(a) Accessory uses for the single-family dwellings shall be all accessory uses permitted in the LC Land Conservation District under § 220-47B.
(b) Accessory uses for any golf course property shall be customary accessory uses and buildings which are clearly incidental to the principal uses and buildings, including structures, such as clubhouses, pro shop, locker rooms, practice range, putting greens, tennis courts, swimming pools, lounges and dining facilities incorporated within the main clubhouse and refreshment facilities incorporated in the golf course which are incidental to and subordinate to the operation of a golf course.
(4) Contributions for off-tract improvements. As a condition of final subdivision and site plan approval, an applicant may be assessed in accordance with § 220-168 of this chapter.
(5) Signs. Project entry and identification signs permitted per § 220-99 of this chapter are permitted.
(6) Parking. Parking is permitted as provided in Subsection H(2)(c)[13] above and otherwise as per § 220-97 of this chapter.
(7) Fences. Fences are permitted as per § 220-95 of this chapter, except as provided in Subsection H(1)(c)[4][b] above.
(8) Phasing. When a golf course is part of the project, prior to the issuance of the first certificate of occupancy for a residential unit in the golf course residential community, the first nine holes of the golf course must be developed up through and including being seeded. The first nine holes shall be completed and ready for play within 12 months of the completion of the seeding. A clubhouse facility, consisting of at least 7,500 square feet shall also be completed prior to the issuance of the first certificate of occupancy for a residential unit being issued. Construction of the second nine holes of the golf course shall commence prior to the issuance of building permits for any of the final 50% of the total number of residential units approved as part of the golf course residential community. The second nine holes of the golf course must be developed up through and including being seeded and all other amenities required for the golf course shall be completed prior to the issuance of a certificate of occupancy for any of the final 50% of the total number of residential units approved as part of the golf course residential community. The second nine holes shall be completed and ready for play within 12 months of the completion of seeding. Certificates of occupancy of no more than 90% of the proposed residential lots shall be issued until all the golf course facilities, including all 18 holes, have been installed and completed, and all buildings associated with the golf course, including but not limited to the clubhouse, shall have been completed and certificates of occupancy relating to them shall have been issued.
The following regulations shall apply in the R-80 Residential District:
A. Permitted uses.
(1) Single-family dwellings.
(2) Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
B. Permitted accessory uses.
(1) All accessory uses permitted in the LC Land Conservation District under § 220-47B.
C. The area, yard and building requirements are as specified for this zone in the schedule of requirements in § 220-34D of this chapter.
D. Uses requiring a conditional use permit, subject to the provisions of Article IV of this chapter.
(1) Churches and places of worship.
(2) Public utilities.
(3) Hospitals, philanthropic or eleemosynary uses.
(4) Quasi-public buildings and recreation areas.
(5) Commercial swimming pools and swimming clubs.
(6) Home professional offices and home occupations.
(7) Corporate headquarters facilities and executive offices on parcels of land consisting of at least 50 acres and having frontage of at least 500 feet each on two arterial roadways as designated on the Circulation Plan of the Township of Marlboro Comprehensive Master Plan. Such facilities shall be in a comprehensively planned setting subject to the provisions of § 220-117. Specifically excluded are general commercial or professional office uses, light industrial and research uses and other similar uses. [Added 6-17-1999 by Ord. No. 1999-11]
E. Cluster development; reduced lot size development. In order to facilitate sound planning and to encourage coordinated community development, certain deviations from the requirements above may be permitted where appropriate conditions prevail and the standards and regulations of § 220-34D are met relative to the R-80 Residential District, as well as the cluster provisions of § 220-41.
F. Golf Course Residential Community (GCRC). [Added 6-8-1989 by Ord. No. 10-89]
(1) 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.
[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.
G. Signs are permitted as per § 220-99 of this chapter.
H. Parking is permitted as per § 220-97 of this chapter.
I. Fences are permitted as per § 220-95 of this chapter.
