The following regulations shall apply in the THD Townhouse District:

A. Permitted uses.

(1) Townhouses as defined under § 220-4B.

B. Area and bulk requirements.

(1) Minimum land area: 25 contiguous acres.

(2) The maximum density for a townhouse development shall be eight units per acre.

(3) Minimum setback distance: 100 feet from all existing state and county roads or any road other than a local street as designated upon the Master Plan of Marlboro Township.

(4) No more than six townhouses shall be attached in a series. (Buildings joined at their corners shall be deemed to be one building.) Each single-family dwelling may have one or two stories, but nothing in this provision shall be construed to allow one dwelling unit over another.

(5) No more than two contiguous townhouse dwelling units shall be located on the same setback line.

(6) Variations in front setbacks between contiguous townhouse dwelling units, except as provided in Subsection B(4) above, shall be not less than four feet.

(7) No townhouse dwelling unit in any townhouse complex shall exceed 30 feet in height, and such dwelling unit shall be limited to two stories.

(8) Each townhouse unit shall be at least 26 feet wide with 20% not less than 30 feet.

(9) Minimum floor area unit: 1,000 square feet.

(10) Maximum floor area unit: 1,850 square feet.

(11) Maximum average aggregate unit floor area of all townhouses: 1,400 square feet.

(12) Minimum distance between structures: 60 feet.

(13) Maximum number of units, residential cluster: 40 units.

(14) No building shall be erected closer than 50 feet to an exterior boundary line.

(15) No building shall be erected nearer than 25 feet to any driveway leading to a group parking area.

(16) No building shall be constructed closer to another building than 1/2 the sum of the total height of the two buildings, but in no event shall the side yard be less than 25 feet.

(17) At least one in four units shall have an exterior surface facade of two stories of brick or stone veneer at least four inches thick.

(18) There shall be a variety of design and architectural modes and setbacks for the purpose of presenting an aesthetically desirable overall effect over the entire townhouse complex with varied elevations, designs and structural appearances and without uniformity. No two contiguous townhouse dwelling units shall be of the same architectural design. Each dwelling unit shall have direct access to at least two of the following: front yard area, side yard area or rear yard area.

(19) Maximum percentage of townhouse building coverage, residential cluster: 20%.

(20) Minimum percentage of required open space of total area of development tract: 40%.

(21) Minimum off-street parking requirements for the use of residents and guests shall be provided at a ratio of two and 2.5 parking spaces for each townhouse dwelling unit. Garages, where provided, may be considered as the equivalent of one parking space for the purpose of this provision. No off-street parking lots shall contain more than 25 spaces. All such common parking facilities shall be located at the rear of all dwelling units or in locations to be approved by the Planning Board. There shall be no parking or parking facilities in the required front yard setback of the property. [Amended 2-22-1990 by Ord. No. 7-90]

(22) Adequate facilities shall be provided for the handling of garbage and other refuse by providing and maintaining an enclosed and screened area or separate building within which all garbage and refuse containers shall be stored while awaiting pickup. A minimum container capacity of 20 gallons shall be proposed per unit.

(23) Open space requirements. In reviewing an application for any townhouse development, the Planning Board will require evidence that adequate open space in appropriate locations will be available. Open space must have safe and convenient pedestrian access. The applicant must consult with the Planning Board early in the design stage to ascertain open space requirements. Suitable land equal to the minimum percent of the total gross area as set forth above shall be designated as open space. Such open space shall consist of common open space, public open space, public areas inclusive of pathways and bike trails and the following recreational facilities:

(a) In each townhouse site there shall be at least one acre of land allotted to recreation use for every 10 acres of total area. Included in this total should be at least one play lot of 2,500 square feet for every 25 acres of site area. These playlots should be suitable for the play of children less than five years of age. This playlot shall be protected by an open wire fence at least four feet in height or other enclosure or nonenclosure approved by the Planning Board and shall be provided with such equipment as swings, sandboxes or other similar playground apparatus.

(b) Each recreational facility, either active or passive in nature, as hereinafter set forth, must be constructed to blend with the natural environment and be as unobtrusive as is reasonably possible under the particular circumstances.

(c) Swimming pool or pools must be constructed in conformance with the standards of the State of New Jersey health code titled "Swimming Pool Code of New Jersey," as adopted. This code will also designate size and/or number of pools required.

(d) Interior or exterior basketball courts may be exterior courts with provisions for tennis and shuffleboard. Area requirements for each activity are as follows:

[1] Basketball: 6,000 square feet.

[2] Tennis: 7,200 square feet.

[3] Handball: 1,400 square feet.

One of the above shall be provided for every 10 townhouse units. At least one of each shall be in the total project.

(24) Common open space. The landowner shall provide for the establishment of a homeowners' or similar organization for the ownership and maintenance of any common open space, and such organization shall be established and regulated by all applicable standards and conditions of state statute.

(25) Buffer area. There shall be provided a densely landscaped buffer area of no less than 60 feet in width between any development constructed in this district and any adjacent residential district. No required rear, front or side yards may be contained in such buffer area. However, this buffer area may contain land set aside as common open space, provided that no recreation activities other than walkways, nature trails or similar facilities as approved by the Planning Board are included therein. No off-street parking shall be provided in the buffer area herein required.

(26) The site design shall comply with the floodplain regulations in § 220-46.

(27) The application shall also comply with § 220-159 regarding environmental requirements.

(28) All internal roads shall be public roads built in accordance with Township subdivision and land ordinances, except that all curbing shall be Belgium block. All driveways leading to parking areas shall be built in accordance with the Township subdivision and site plan provisions.

(29) Required land use development. Strategy shall be as outlined in Subsection C.

C. Required land use development staging.

(1) As a condition to preliminary approval of the development plan, the Planning Board may permit the implementation of the plan in whole or in sections or in stages consisting of one or more sections or stages, under the sequence of actions determined as a part of the development plan. Such sections or stages shall be:

(a) Substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, open spaces and similar physical features and capable of substantial occupancy, operation and maintenance upon completion of construction and development.

(b) Properly related to other services of the community as a whole and to those facilities and services yet to be provided in the full execution and implementation of the development plan.

(c) Provided with such temporary or permanent transitional features, buffers or protective areas as the Planning Board may require as will prevent damage or detriment to any completed section or stage, to other sections or stages and to adjoining properties not in the development plan.

(2) Plans and specifications of such sections or stages are to be filed with the Planning Board and are to be of sufficient detail and at such scale as to fully demonstrate the following:

(a) The arrangement and site locations of all structures, primary and accessory land uses, parking, landscaping, public and private utilities and service facilities and landownership conditions.

(b) Estimates of the economic base of the section or stage and its one or more sections or stages as supported by such evidence as the estimated cost and market values of structures and land improvement increase of taxable values; costs of maintenance and services to be borne by public and private agencies; potential costs of utility installation; the financial ability of the developer to complete the plan; and such other financial considerations as the Planning Board shall deem applicable.

(c) Estimates of its population characteristics, such as the size and composition of future population in terms of probable family sizes; their need for public services and protection, for recreational facilities and for commercial and professional services; and related consideration.

(d) Such further reasonable evidence and facts that the Planning Board may require in order to determine that the objectives and standards set forth herein are met.

(3) Upon finding that the plan and specifications for the proposed development of the section or stage conform to the above conditions, the Planning Board shall so inform the Administrative Officers as are charged with the issuance of permits for the construction of utilities or structures that, upon presentation of requisite working drawings and specifications, such permits may be issued. Upon substantial completion of any section or stage, which shall include all performance bonds, covenants and similar instruments to assure such completion, and before proceeding with the review and approval of additional sections or stages, the Planning Board may require a report and review of the status, character and conditions of other previously completed sections or stages with regard to their compliance with the plans, specifications and estimates which formed the basis for said Board's action and approval. Upon finding that such compliance has occurred, the Board shall initiate proceedings for the review of the new section or stage.

(4) As a further condition for approval of later sections or stages, the Board may require or permit adjustments or modifications in the conditions established in the approved development plan to compensate for differences between the estimates of record on previously approved and completed sections or stages as required and the actual conditions prevailing upon their completion. In this regard, consideration may be given to the balance of land uses established consistent with the conditions of the development plan and the extent of variation from the social and economic estimates upon which previous approval may have been based.

[Amended 4-30-1992 by Ord. No. 7-92; 7-22-2004 by Ord. No. 2004-14]

The following regulations shall apply in the MHD Mobile Home Park District:

A. Permitted uses.

(1) Trailers and mobile homes as defined under § 220-4B.

(2) Service and accessory buildings, including an office-storage building for the sale of land, storage of maintenance equipment, conduct of general office functions in relation to operation of the park.

B. Permitted accessory uses.

(1) Off-street parking in common parking areas.

(2) Sewage treatment plant or other utility service installations for the sole purpose of serving park residents and provided that such plant(s) and other installation(s) are- approved and supervised by appropriate county, state and federal rules, regulations and agencies.

(3) Sheds of no more than 100 square feet in area set back a minimum of five feet from all principal structures. [Added 9-7-2006 by Ord. No. 2006-26]

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

D. Minimum lot area: 4,000 square feet.

E. Maximum density: eight mobile home units per acre.

F. Minimum front yard setback: 10 feet.

G. Minimum side yard setback: 15 feet.

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

I. Minimum rear yard setback: 10 feet.

J. Off-street parking. For each trailer or mobile home, two off-street parking spaces shall be provided in the following manner:

(1) No less than one off-street parking space per each individual trailer or mobile home lot.

(2) The remaining required spaces shall be provided in common parking facilities to be conveniently located throughout the mobile home park. Such common facilities shall be located so that no trailer or mobile home is more than 250 feet from such a facility. Each common parking area shall be paved, drained and lighted in accordance with Township standards. No more than 10 cars may be parked in any common parking area.

K. Buffer area. The margins along the side and rear property lines of the mobile home park shall be densely planted with trees and shrubs for a depth of not less than 60 feet.

L. Minimum open space required. Not less than 10% of the gross area of the park must be retained as open space or improved for recreational activity for the residents of the mobile home park. The common open space shall be dedicated or otherwise preserved and maintained so as to always remain open and available for use by the residents or as otherwise approved by the Planning Board, and that such open space will be preserved and maintained in perpetuity.

M. Site drainage requirements. The ground surface in all parts of every park shall be graded and equipped to drain all surface water in a safe, efficient manner.

N. Soil and ground cover requirements.

(1) Exposed ground surfaces in all parts of every park shall be paved, covered with stone screenings or other solid material or protected with a lawn or other desirable vegetation growth that is capable of preventing soil erosion and emanation of dust during dry weather.

(2) Park grounds shall be maintained free of vegetation growth which is poisonous or which may harbor rodents, insects or other pests harmful to man.

O. Water and waste disposal requirements.

(1) Each mobile home park lot shall have attachments for waste disposal and water supply, and the water supply facilities shall be connected properly to an approved public sewer and water system (or other equivalent method of sewage disposal and water supply) installed properly and approved by the Township of Marlboro.

(2) The storage, collection and disposal of refuse in the mobile home park shall not be so conducted as to create health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution.

P. Electrical system. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances installed and maintained in accordance with local electric power company's specifications regulating such systems. All electrical service within the park shall be installed underground with connections to each mobile home lot.

Q. Foundations.

(1) Trailers and mobile homes shall be installed upon and securely fastened to a frost-free foundation or footer, and in no event shall they be erected on jacks, loose blocks or other temporary materials.

(2) An enclosure of compatible design and material shall be erected around the entire base of each trailer or mobile home. Such enclosure shall not be erected on jacks, loose blocks or other temporary materials.

R. Streets.

(1) Minimum right-of-way widths, paving widths, angle of intersection, curb radius, distances along sides of sight triangles, horizontal alignments, vertical alignments as well as maximum grades shall be in accordance with the subdivision regulations in this chapter.

(2) All trailer and mobile home spaces shall abut upon a paved driveway of not less than 12 feet in width, which shall have unobstructed access to a private or public street. Such driveway may be used for the parking of an automobile.

S. Park areas for nonresidential uses.

(1) No part of any park shall be used for nonresidential purposes, except such uses as are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.

(2) Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home lot and connected to utilities.

[Amended 4-30-1992 by Ord. No. 7-92; 11-24-1992 by Ord. No. 40-92; 7-22-2004 by Ord. No. 2004-14; 3-19-2009 by Ord. No. 2009-9]

A. There shall be included by reference in this section all language set forth in § 220-67A through S, inclusive, except that Subsection C shall be changed to no less than 10 contiguous acres. In addition, Subsection D shall be changed to a minimum lot area of 3,500 square feet. Further, Subsection E shall be changed to a maximum density of 10 mobile home units per acre.

B. Affirmative devices required shall be as set forth in § 220-69A through C, except that Subsection A(1) shall provide that a minimum of 75% of all units shall be affordable to moderate- and low-income households, as defined under New Jersey's Fair Housing Act, codified at N.J.S.A. 52:27D-301 et seq., and the substantive (N.J.A.C. 5:97-1.1 et seq.) and procedural rules (N.J.A.C. 5:96-1.1 et seq.) as promulgated by the New Jersey Council on Affordable Housing from time to time.

C. Each affordable mobile home park unit shall comply with the rules set forth by the Council on Affordable Housing (COAH) at N.J.A.C. 5:96 (Procedural Rules), and N.J.A.C. 5:97 (Substantive Rules), including:

(1) Each affordable unit shall be marketed via an affirmative marketing program.

(2) Each mobile home park shall maintain designated pads for affordable units.

(3) Each mobile home park shall comply with Chapter 235, Article I, of the Marlboro Township Code, known as "Rent Control."

D. Approval of the New Jersey Department of Environmental Protection and/or the Monmouth County Department of Health shall be obtained, where required, prior to Planning Board approval of any application in the MHD-II District.