A. Affirmative devices requirements. Any development application, except a minor subdivision, permitted in the MFD District shall provide an affirmative devices program to achieve affordable housing for moderate- and low-income households as defined by the United States Department of Housing and Urban Development.
(1) The program shall provide that:
(a) A minimum of 20% of all units shall be affordable to moderate- and low-income households as defined by the United States Department of Housing and Urban Development.
(b) An applicant shall submit a statement detailing the development costs of the project at the time of development application submission. The statement shall set forth in sufficient detail financial data for the development of the project to determine compliance with Subsection A(1)(a) above.
(c) An application for development of units permitted in the MFD District at the time of filing with the Planning Board shall be accompanied by a proposal of the applicant to guarantee the reasonable continuation of availability of affordable housing as set forth in Subsection A(1)(a) and (b) above. Said guaranties shall consist of deed restrictions which shall satisfy the Planning Board that reasonable arrangements have been made for the continuation of the availability of the units for low- and moderate-income households. The deed restrictions shall specifically permit the Township of Marlboro to bring judicial proceedings to enforce same and carry out the purposes of this chapter. The content of the restrictions shall reasonably fulfill the intent and purpose of this chapter and the continued availability of those units intended for low- and moderate-income families as defined by the United States Department of Housing and Urban Development at prices affordable to them, both concerning rent levels of for-rent units and resale prices of for-sale units.
(d) The restrictions shall contain language to the effect that purchasers of low- and moderate-income units may not sell their units on resale for a purchase price greater than the original purchase price as reflected in their deeds plus a percentage increase based on the consumer price index (New York City-Northeastern New Jersey: all items).
(2) In addition to the foregoing restrictions, the resale of low- and moderate-income units shall be subject to the rules and regulations of the Low and Moderate Income Housing Agency which shall be established by the Township of Marlboro. This Agency shall monitor and approve sales of low- and moderate-income purchasers as defined by the Agency's low- and moderate-income criteria in effect at the time of the proposed resale. Furthermore, low- and moderate-income units shall at all times remain owner-occupied, except that under exceptional circumstances to be determined by the Agency, such low- and moderate-income units may be leased or rented for limited periods not to exceed one year, upon conditions set forth in the regulations.
(3) Owners of low- and moderate-income units shall not add amenities or improvements to such units, the effect of which will be to increase the resale price of the unit beyond amounts which are considered by the Agency to be affordable by low- and moderate-income purchasers. In the event that such amenities or improvements are installed, however, the resale price of low- and moderate-income units shall, nevertheless, be restricted by the Agency in accordance with the foregoing standards.
(4) Owners of low- and moderate-income units shall maintain them in accordance with the standards of the market units within the development. Failure to do so shall permit the homeowners' association to do so at the cost and expense of the owner of the low- and moderate-income unit, and the association shall have a lien on the unit for the recovery of all sums expended for such purpose.
(5) The failure to establish or maintain such an agency shall not relieve the owners of low- and moderate-income housing of fulfilling the requirements of the restrictions of this chapter.
(6) All restrictions and the terms of this chapter shall continue for no less than 30 years, commencing with the acquisition of title and each change thereof.
(7) The Township of Marlboro, either by ordinance or by executive action, shall establish an Agency whose purpose will be to administer the provisions of this low- and moderate-income housing plan prior to sales by the developer to original purchasers and to structure and enforce the mechanics and criteria for the determination of who are low- and moderate-income purchasers, and for determining the resale prices of low- and moderate-income units. The ordinance or executive action shall establish the standards which the Agency shall apply, and the Agency shall thereafter, by regulations, establish the details of the application of such standards to resales of low- and moderate-income units and to the determination of who shall qualify as a low- and moderate-income purchaser.
(8) The standards shall restrict the resales of low- and moderate-income units to prices which may be increased by no more than amounts consistent with the United States Department of Labor consumer price index or equivalent index and shall further restrict the installation of improvements or amenities within or as a part of low- and moderate-income units above the amounts considered as affordable by moderate-income purchasers.
(9) Phased development requirements.
(a) The developer must demonstrate to the Planning Board that its development shall be timed and phased to ensure that during the period of construction no less than the mandatory minimum percentage of low- and moderate-income dwelling units is completed at any time.
(b) Phased development requirements shall be as follows: 20% of the market-value units may be built and sold first. The next 10% of the market-value units shall be built and sold in conjunction with 25% of the low- and moderate-income units. The next 30% of the market-value units shall be built in conjunction with the next 50% of the low- and moderate-income units. The next 10% of the market-value units shall be built in conjunction with the final 25% of the low- to moderate-income units as, by example:
B. Permitted uses: clustered townhouses (sometimes herein referred to as "units"), as defined under § 220-4, and garden apartments (sometimes herein referred to as "units"), as defined under § 220-4, and estate homes (sometimes herein referred to as "units"), as defined under § 220-4. [Amended 6-15-1995 by Ord. No. 26-95]
C. Permitted accessory uses: noncommercial swimming pools, tennis courts and other recreational facilities for the exclusive use of residents and their guests, off-street parking facilities and, in association with units, noncommercial parking garages for the exclusive use of site residents only. [Amended 6-15-1995 by Ord. No. 26-95]
D. For any units to be developed in this district, the following regulations and provisions shall apply: [Amended 3-20-1986 by Ord. No. 6-86; 2-22-1990 by Ord. No. 7-90; 6-15-1995 by Ord. No. 26-95]
(1) Minimum lot size. No building which is intended or designed to be used, in whole or in part, as a unit herein shall be erected or constructed upon a lot containing an area of less than 10 acres, except that if a zone boundary line passes through any lot of five acres or more with the result that the area available for unit construction is less than 10 acres, such area of less than 10 acres may be approved for unit development; provided, however, that all other regulations pertaining to the erection or construction of the units shall be applied to and within the area permitting such construction, except that the calculation of the number of units to be constructed shall be based upon such acreage available for such construction.
(2) With respect to clustered townhouses and buildings containing low- and moderate-income units only, the distance between two adjacent buildings side to side shall not be less than 30 feet. With respect to garden apartments, the average distance between two adjacent buildings shall not be less than 1 1/2 times the height of the taller adjacent building, but in no instance shall the distance be less than 30 feet. With respect to estate homes, the distance between two adjacent buildings side to side shall not be less than 10 feet. With respect to clustered townhouses, the distance between two adjacent buildings rear to rear shall not be less than 50 feet and side to rear shall not be less than 30 feet. With respect to estate homes, the distance between two adjacent buildings rear to rear shall not be less than 50 feet and side to rear shall not be less than 25 feet.
(3) Density. No more then eight units shall be permitted per gross acre.
(4) Rooms. Each separate dwelling unit shall contain separate bedroom, separate bathroom, separate living room and separate kitchen facilities, which kitchen facilities shall be located separate and apart from other rooms. A bedroom shall be construed as any separate room, other than a dining room, kitchen or bathroom.
(5) Lot coverage. The maximum lot coverage of buildings shall be 20%.
(6) Open space. The minimum percent of the required open space of the total area of the tract shall be not less than 40%.
(7) Building plan. Building elevations and floor plans for each typical unit shall be required.
(8) Height. The height of the habitable part of the building shall not exceed three stories, and in no event shall the total height of the building exceed 35 feet. No basement units shall be permitted. In the PAC District, the height shall not exceed two stories, and in no event shall the total height of the building exceed 35 feet. [Amended 3-5-2007 by Ord. No. 2007-4]
(9) Sound control. All units shall be designed and constructed with a soundproofing barrier between adjoining units with a sound transmission as tested by the American Society for Testing and Materials (E-90).
(10) Energy conservation. Where practical, all units shall be oriented to the greatest extent feasible so as to maximize sun exposure as per the guidelines published by the New Jersey Department of Community Affairs.
(11) Recreational facilities. Both active and passive recreational facilities shall be provided with the approval of the Planning Board. Recreational requirements, as set forth by the Planning Board, shall be met and developed with facilities suitable to serve the residents of the dwelling units. Said facilities shall be located so as not to be detrimental to adjacent property owners by virtue of noise, light, glare or any other objectional features emanating therefrom.
(12) Minimum frontage. Minimum road frontage shall be 400 feet.
(13) Parking. All parking facilities shall have adequate screening and landscaping.
(14) Setbacks. There shall be a front yard setback of at least 50 feet and side and rear yard minimum setbacks of 40 feet from streets. The minimum setbacks from private roads and interior parking areas (curbline) shall be 25 feet.
(15) Buffer and landscaping. All areas of a development not used for the construction of buildings, roads, accessways, parking areas or sidewalks shall be fully landscaped. Where a development boundary line abuts a lot in a residential zone, which lot is not owned by the developer, there shall not be cut, uprooted, destroyed or taken away any existing trees, shrubbery or other planting within the area of 60 feet inside the boundary line of the development abutting a residential lot. If no adequate trees, shrubs or planting exists in the sixty-foot area in the natural state of the premises before the development, the area shall be provided with an adequate approved planting plan to provide a belt of screening within the sixty-foot area in accordance with § 220-100 of this chapter. Where a development boundary line abuts a lot in a multifamily district residential zone, the sixty-foot area described above shall be reduced to 40 feet.
(16) Interior roads. All roads and other accessways within the development shall be private roads constructed, paved and curbed to a width of not less than 30 feet. All private roads shall have a minimum radius at the center line of the road of 50 feet and a minimum curb return radius at intersections of 25 feet. A minimum center line tangent of at least 50 feet shall be introduced between reverse curves on all such roads. Driveways serving more than one estate home shall be private roads constructed, paved and curbed to a width of not less than 24 feet, with a maximum length of 200 feet (measured from the private road curbline to the beginning of the turnaround area) and a minimum turnaround area of not less than 50 by 50 feet. At the developer's option, public roads may be installed to Township standards. All such construction, paving and curbing shall be completed in accordance with the Subdivision Regulations of Marlboro Township.
(17) Parking. No parking shall be permitted on any road or accessway within the development. All parking shall be confined to the areas specially designated on the site plan for that purpose. Parking spaces of nine by 18 feet for each car shall be required to the extent of 2.5 spaces per unit. If garages are provided, each garage may be counted for the equivalent of one parking space for the purpose of this provision.
(18) Principal buildings.
(a) No principal building shall:
[1] Be designed for or occupied by more than 12 families.
[2] Exceed 160 feet in length in its longest dimension; provided, however, that buildings containing townhouse units only may exceed the foregoing length so long as they do not contain more than six units.
[3] Provide fewer than two exterior exposures, each of which shall be properly placed so as to provide thorough ventilation for each unit.
[4] Allow or contain outside television antennas. All television antenna equipment shall be built into the building to eliminate individual antennas being upon the roof. This subsection shall not apply to a common antenna tower.
[5] Allow any air-conditioning unit to project more than six inches from the face of the wall of the building on which it is installed.
[6] Provide less than 700 cubic feet of storage for each unit in the building.
(b) Roof design and construction must be other than a flat roof.
(c) The elevation and setbacks should be varied.
(19) Utilities. For all developments, the applicant for the site plan approval shall arrange with the serving utility for the underground installation of the utilities distribution supply of the applicable standard terms and conditions incorporated as a part of its tariff on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the Planning Board prior to the granting of site plan approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this subsection; provided, however, that sites which abut existing streets where overhead electric or telephone distribution supply lines have therefor been installed on any portion of the streets involved may be supplied with electric and telephone service from the overhead lines of extensions, but the service connections from the utilities' overhead lines shall be installed underground.
(20) Application fees concerning the Mt. Laurel II proposals (low- and moderate-income housing units only) shall be waived. Application fees for the balance of the project shall apply.
(21) Fire walls. There shall be a fire wall between each unit.
(22) Detention/retention facilities. Notwithstanding anything contained elsewhere in this Chapter 220, in those instances in which adjacent conditions [such as existing retention basin(s)] impact upon the design and/or location of drainage facilities, the Board may, in its discretion, permit:
(a) The top of the excavation or the toe of the outside slope to be set back 25 feet from an adjoining property line of a lot on which there is multifamily residential use.
(b) The edge of the design high water for detention/retention basins to be set back 50 feet from existing or proposed dwelling units.
(c) The top of the excavation or the toe of the outside slope to be set back 25 feet from the edge of the pavement from adjoining roads.
(d) Wet detention/retention basins.
[Added 11-24-1992 by Ord. No. 40-92]
The following regulations shall apply in the MFD-I Multifamily District:
A. Project requirements. For any parcel to be developed in the MFD-1 District, the following regulations and provisions shall apply:
(1) Minimum tract size. No building which is intended or designed to be used, in whole or in part, as a unit herein shall be erected or constructed upon a tract containing an area of less than 10 acres, except that if a zone boundary line passes through any lot of five acres or more with the result that the area available for unit construction is less than 10 acres, such area of less than 10 acres may be approved for development; provided, however, that all other regulations pertaining to the erection or construction of the project shall be applied to and within the area permitting such construction, except that the calculation of the number of units to be constructed shall be based upon such acreage available for such construction.
(2) Rooms. Each separate dwelling unit shall contain separate bedroom, separate bathroom, separate living room and separate kitchen facilities, which kitchen facilities shall be located separate and apart from other rooms. A bedroom shall be construed as any separate room, other than a dining room, kitchen or bathroom.
(3) Lot coverage. The total lot coverage shall be as specified for each different residential unit type allowed in this zone district. [Amended 6-17-1999 by Ord. No. 1999-22]
(4) Building plan. Building elevations and floor plans for each typical unit shall be required.
(5) Sound control. All units shall be designed and constructed with a soundproofing barrier between adjoining units with a sound transmission as tested by the American Society for Testing and Materials (E-90).
(6) Energy conservation. Where practical, all units shall be oriented, to the greatest extent feasible, so as to receive maximum sun exposure as per the guidelines published by the New Jersey Department of Community Affairs.
(7) Recreational facilities. Passive recreational facilities shall be provided with the approval of the Planning Board. Recreational requirements, as set forth by the Planning Board, shall be met and developed with facilities suitable to serve the residents of the dwelling units. Said facilities shall be located so as not to be detrimental to adjacent property owners by virtue of noise, light, glare or any other objectionable features emanating therefrom.
(8) Setbacks. There shall be a front yard setback of at least 50 feet and side and rear yard minimum setbacks of 40 feet for the project from any major road.
(9) Buffer and landscaping. All areas of a development not used for the construction of buildings, roads, accessways, parking areas or sidewalks shall be fully landscaped. Where a development boundary line abuts a lot in a residential zone, which lot is not owned by the developer, there shall not be cut, uprooted, destroyed or taken away any existing trees, shrubbery or other planting within the area of 60 feet inside the boundary line of the development abutting a residential lot. If no adequate trees, shrubs or planting exists in the sixty-foot area in the natural state of the premise before the development, the area shall be provided with an adequate approved planting plan to provide a belt of screening within the sixty-foot area in accordance with § 220-100.
(10) Interior roads. All roads and other accessways within the development shall be private roads constructed, paved and curbed to a width of not less than 30 feet. At the developer's option, public roads may be installed to Township standards. All such construction, paving and curbing shall be completed in accordance with the subdivision regulations of Marlboro Township.
(11) Parking. No parking shall be permitted on any road or accessway within the development. All parking shall be confined to the area specifically designated on the site plan for that purpose. Parking spaces of nine by 18 feet for each car shall be required to the extent of 2.5 spaces per unit. If garages are provided, each garage may be counted for the equivalent of one parking space for the purpose of this provision.
B. Permitted uses. Permitted uses shall be as follows:
(1) Single-family homes.
(2) Zero lot line homes.
(3) Those uses permitted in § 220-69B of this chapter.
C. Lot, bulk and setback requirements. Lot, bulk and setback requirements shall be as follows: [Amended 1-9-1997 by Ord. No. 1-97]
(1) For single-family homes.
(a) Density. No more than five units shall be permitted per gross acre.
(b) Minimum lot size. The minimum lot size shall be 6,000 square feet.
(c) Setbacks for principal structures.
[1] Front yard. The minimum front yard setback is 20 feet.
[2] Side yard. The minimum side yard setback shall be five feet; the minimum total for two side yards shall be 15 feet. (By example: a lot may have a five- and ten-foot side yard; or a seven- and eight-foot side yard totaling 15 feet.)
[3] Rear yard. The minimum rear yard setback shall be 20 feet.
(d) Setbacks for accessory structures.
[1] Front yard and side yard. The minimum front yard and side yard setbacks shall be the same as that required for principal structures in this zone.
[2] The minimum rear yard setback shall be 10 feet, except where otherwise restricted, for accessory structures, including but not limited to pools, gazebos, sheds and decks. Where a rear yard is adjacent to a limited access state highway, a detention basin, a wetland area or wetland buffer area not owned by the residential lot owner, a park or an approved utility apparatus appearing above the surface of the ground, the rear yard setback shall be five feet, except where otherwise restricted.
[3] Distance between buildings or structures. The minimum distance between accessory structures and principal buildings or between accessory structures and other accessory structures in this zone shall be 10 feet [Added 6-17-1999 by Ord. No. 1999-22]
(e) Lot width. The minimum lot width shall be 50 feet which shall be measured from the front setback line of the home.
(g) Lot coverage. The total lot coverage may not exceed 32% for original buildings, driveways and/or walkways. Total lot coverage may be increased to a maximum of 38% to allow for the following specific accessory structures: decks, pools, gazebos, patios and/or sheds. This additional amount may not, however, be utilized to increase the lot coverage for principal buildings, driveways and/or walkways, which in all cases shall not exceed 32%. [Amended 6-17-1999 by Ord. No. 1999-22]
(h) Height. The maximum height for principal structures shall be 2 1/2 stories and in no event shall the total height of the structure exceed 35 feet. The maximum height for accessory structures shall be 15 feet. [Amended 3-5-2007 by Ord. No. 2007-4]
(i) Distance between buildings or structures. The minimum distance between accessory structures and principal buildings or between accessory structures and other accessory structures in this zone shall be 10 feet.
(2) For zero lot line homes.
(a) Density. No more than five units shall be permitted per gross acre.
(b) Minimum lot size. The minimum lot size shall be 4,000 square feet.
(c) Setbacks for principal structures.
[1] Front yard. The minimum front yard setback is 20 feet.
[2] Side yard. The minimum side yard setback shall be zero feet; the minimum total for two side yards shall be 10 feet.
[3] Rear yard. The minimum rear yard setback shall be 20 feet.
(d) Setbacks for accessory structures.
[1] Front yard and side yard. The minimum front yard and side yard setbacks shall be the same as that required for single-family home principal structures under § 220-70C(1)(c)[1] and [2] of this chapter.
[2] Rear yard. The minimum rear yard setback shall be 10 feet, except where otherwise restricted, for accessory structures, including but not limited to pools, gazebos, sheds and decks. Where a rear yard is adjacent to a limited access state highway, a detention basin, a wetland area or wetland buffer area not owned by the residential lot owner, a park or an approved utility apparatus appearing above the surface of the ground, the rear yard setback shall be five feet, except where otherwise restricted.
[3] Distance between buildings or structures. The minimum distance between accessory structures and principal buildings or between accessory structures and other accessory structures in this zone shall be 10 feet. [Added 6-17-1999 by Ord. No. 1999-22]
(e) Lot width. The minimum lot width shall be 30 feet which shall be measured from the front setback line of the home.
(g) Lot coverage. The total lot coverage may not exceed 32% for principal buildings, driveways and/or walkways. Total lot coverage may be increased to a maximum of 38% to allow for the following specific accessory structures: decks, pools, gazebos, patios and/or sheds. This additional amount may not, however, be utilized to increase the lot coverage for principal buildings driveways and/or walkways, which in all cases shall not exceed 32%. [Amended 6-17-1999 by Ord. No. 1999-22]
(h) Height. The maximum height for principal structures shall be 2 1/2 stories and in no event shall the total height of the structure exceed 35 feet. The maximum height for accessory structures shall be 15 feet. [Amended 3-5-2007 by Ord. No. 2007-4]
(i) Distance between buildings or structures. The minimum distance between accessory structures and principal buildings or between accessory structures and other accessory structures in this zone shall be 10 feet.
(3) For those uses permitted in § 220-69B of this chapter.
(a) In accordance with the regulations and provisions of § 220-108D of this chapter, except as amended herein in § 220-70A.
D. Affirmative devices requirements. All requirements contained in § 220-69A of this chapter shall apply in the MFD-I Zone, except that a minimum of 23.4% of all units shall be affordable to moderate- and low-income households as defined by the United States Department of Housing and Urban Development.
E. Permitted accessory uses. [Amended 1-9-1997 by Ord. No. 1-97]
(1) For single-family homes and zero lot line homes only. The permitted accessory uses shall be those as contained in § 220-47B of this chapter.
(2) For those uses permitted in § 220-69B of this chapter. The permitted accessory uses shall be those as contained in § 220-69C of this chapter.
