[Added 12-7-2000 by Ord. No. 2000-8[1]; amended 8-12-2004 by Ord. No. 2004-16]
The Senior Citizen Multifamily District II, hereinafter referred to as "SCMFD-II," is defined as a community having one or more adjacent parcels of land with a total acreage of at least 60 acres to be dedicated to the use of a senior citizen multifamily community. For purposes of this section, parcels of land separated only by public streets or other rights-of-way are considered adjacent. Said land shall be restricted by bylaws, rules, regulations and restrictions of record to use by permanent residents 55 years of age or older, as further defined under the United States Fair Housing Act, as amended.
A. Permitted principal uses.
(1) Attached single-family duplex units.
(2) Townhouses.
(3) Multiple-family condominium dwellings.
B. Permitted accessory uses.
(1) Necessary accessory buildings and uses, including facilities for maintenance.
(2) Permanent entrance or project signs if approved by the Planning Board.
(3) Noncommercial swimming pools, tennis courts and other recreational facilities for the exclusive use of residents and their guests.
(4) Off-street parking facilities and, in association with units, noncommercial parking garages for the exclusive use of site residents only.
(5) Fences, as regulated in this chapter.
(1) Density. No more than 1.9 units shall be permitted per gross acre of the entire tract with a maximum of 126 units in total.
(2) Lot coverage. The maximum lot coverage of all buildings shall be 20% of the entire tract.
(3) For attached single-family duplex units:
(a) Minimum lot size. The minimum lot size shall be 4,000 square feet.
(b) Setbacks.
[1] Front yard. The minimum front yard setback shall be 20 feet.
[2] Side yard. The minimum side yard setback shall be zero feet; the minimum total for two side yards is 10 feet.
[3] Rear yard. The minimum rear yard setback shall be 20 feet.
[4] From exterior tract boundary. The minimum setback shall be 60 feet.
(c) Lot width. The minimum lot width shall be 30 feet which shall be measured from the front setback line of the home.
(e) Maximum lot coverage by buildings and structures: 40%. An additional 15% lot coverage allowance will be provided for driveways, sidewalks, patios and decks and similar appurtenances.
(f) Height. The maximum building height shall be 2 1/2 stories and in no event shall the height exceed 35 feet. [Amended 3-5-2007 by Ord. No. 2007-4]
(4) For clustered townhouses:
(a) No building shall be designed for or occupied by more than eight families.
(b) No building shall exceed 160 feet in length in its longest dimension; provided, however, that buildings may exceed the foregoing length so long as they do not contain more than six units.
(c) There shall be no fewer than two exterior exposures for each unit, each of which shall be properly placed so as to provide thorough ventilation for each unit.
(d) With respect to clustered townhouses, the distance between two adjacent buildings side to side shall not be less than 30 feet. The distance between two adjacent buildings rear to rear shall not be less than 50 feet and side to rear shall not be less than 30 feet.
(e) Setbacks. There shall be a front yard setback of at least 50 feet and side and rear yard minimum setbacks of 40 feet from streets and exterior tract boundaries. The minimum setbacks from private roads and interior parking areas (curbline) shall be 25 feet.
(f) Height. The maximum building height shall be 2 1/2 stories and in no event shall the height exceed 35 feet. [Amended 3-5-2007 by Ord. No. 2007-4]
(5) For multiple-family condominium buildings:
(a) Dwelling units may be contained in a building with a maximum length of 260 feet, provided that there are no more than two consecutive units without at least a two-foot offset in the building line.
(b) Distance between buildings shall be a minimum of 50 feet.
(c) No more than 20 dwelling units shall be contained in a single building.
(d) Setbacks. There shall be a front yard setback of at least 50 feet and side and rear yard minimum setbacks of 40 feet from streets and exterior tract boundaries. The minimum setbacks from private roads and interior parking areas (curbline) shall be 25 feet.
(e) Height. The maximum building height shall be three stories and in no event shall the height exceed 35 feet. [Amended 3-5-2007 by Ord. No. 2007-4]
(6) Setbacks for accessory structures.
(a) Front yard and side yard. The minimum front yard and side yard setbacks shall be the same as that required for principal structures in this zone.
(b) The minimum rear yard setback shall be 10 feet for accessory structures, including but not limited to gazebos, sheds and decks. Where a rear yard is adjacent to a wetland buffer area not owned by the residential lot owner, a park or common area, the rear yard setback shall be five feet.
[Added 12-7-2000 by Ord. No. 2000-33; amended 8-12-2004 by Ord. No. 2004-16]
The Multifamily/Patio Home District, hereinafter referred to as "MFPHD," is defined as a community having one or more adjacent parcels of land with a total acreage of at least 70 acres to be dedicated to the use of a residential community. For purposes of this section, parcels of land separated only by public streets or other rights-of-way are considered adjacent.
A. Affordable housing provisions. There shall be an obligation to provide that a minimum of the greater of 49 units or 22% of all units shall be affordable rentals to moderate- and low-income households as defined by the New Jersey Council on Affordable Housing (COAH).
B. Permitted principal uses.
(1) Townhouses/patio homes.
(2) Multiple-family condominium dwellings for affordable units only.
C. Permitted accessory uses.
(1) Necessary accessory buildings and uses, including facilities for maintenance.
(2) Permanent entrance or project signs if approved by the Planning Board.
(3) Noncommercial swimming pools, tennis courts, clubhouses and other recreational facilities for the exclusive use of residents and their guests.
(4) Off-street parking facilities and, in association with units, no rural parking garages for the exclusive use of site residents only.
(5) Fences, as regulated in this chapter.
(1) Density. No more than 2.9 units shall be permitted per gross acre of the entire tract with a maximum of 221 units in total.
(2) Lot coverage. The maximum lot coverage of all buildings shall be 30% of the entire tract.
(3) For townhouses/patio homes:
(a) No building shall be designed for or occupied by more than eight families.
(b) No building shall exceed 160 feet in length in its longest dimension; provided, however, that buildings may exceed the foregoing length so long as they do not contain more than six units.
(c) There shall be no fewer than two exterior exposures for each unit, each of which shall be properly placed so as to provide thorough ventilation for each unit.
(d) With respect to townhouses/patio homes, the distance between two adjacent buildings side to side shall not be less than 30 feet. The distance between two adjacent buildings rear to rear shall not be less than 50 feet and side to rear shall not be less than 30 feet.
(e) Setback. There shall be a front yard setback of at least 50 feet and side and rear yard minimum setbacks of 40 feet from streets and exterior tract boundaries. The minimum setbacks from private roads and interior parking areas (curbline) shall be 25 feet.
(f) Height. The maximum building height shall be three stories and in no event shall the height exceed 35 feet. Said height may be increased to 40 feet for aesthetic purposes only if approved by the reviewing board. [Amended 3-5-2007 by Ord. No. 2007-4]
(4) For multiple-family condominium buildings:
(a) Dwelling unite may be contained in a building with a maximum length of 260 feet, provided that there are no more than two consecutive units without at least a two-foot offset in the building line.
(b) Distance between buildings shall be a minimum of 50 feet.
(c) No more than 25 dwelling units shall be contained in a single building.
(d) Setbacks. There shall be a front yard setback of at least 50 feet and side and rear yard minimum setbacks of 40 feet from streets and exterior tract boundaries. The minimum setbacks from private roads and interior parking areas (curbline) shall be 25 feet.
(e) Height. The maximum building height shall be three stories and in no event shall the height exceed 35 feet. Said height may be increased to 40 feet for aesthetic purposes only if approved by the reviewing board. [Amended 3-5-2007 by Ord. No. 2007-4]
(5) Setbacks for accessory structures.
(a) Front yard and side yard. The minimum front yard and side yard setbacks shall be the same as that required for principal structures in this zone.
(b) The minimum rear yard setback shall be 10 feet for accessory structures, including but not limited to gazebos, sheds and decks. Where a rear yard is adjacent to a wetland buffer area not owned by the residential lot owner, a park or common area, the rear yard setback shall be five feet.
[Added 2-12-2009 by Ord. No. 2009-3]
The following regulations shall apply in the Multifamily District IV:
A. Permitted principal uses: clustered townhouses (sometimes herein referred to as "units"), as defined under § 220-4, and garden apartments (sometimes herein referred to as "units"), as defined under § 220-4, and estate homes (sometimes herein referred to as "units"), as defined under § 220-4.
B. 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.
C. For any units to be developed in this district, the following regulations and provisions shall apply:
(1) Minimum lot size. No building which is intended or designed to be used, in whole or in part, as a unit herein shall be erected or constructed upon a lot containing an area of less than 10 acres.
(2) 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 than eight units shall be permitted per gross acre.
(4) Rooms. Each separate dwelling unit shall contain separate bedroom, separate bathroom, separate living room and separate kitchen facilities, which kitchen facilities all being located separate and apart from other rooms. A bedroom shall be construed as any separate room, other than a dining room, kitchen or bathroom.
(5) Lot coverage. The maximum lot coverage of buildings shall be 20%.
(6) Open space. The minimum percent of the required open space of the total area of the tract shall be not less than 40%.
(7) Building plan. Building elevations and floor plans for each typical unit shall be required.
(8) Height. The height of the habitable part of the building shall not exceed three stories, and the total height of the building shall not exceed 35 feet. No basement units shall be permitted.
(9) 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 of any other objectionable features emanating therefrom.
(12) Minimum frontage. Minimum road frontage shall be 400 feet.
(13) Parking. All parking facilities shall have adequate screening and landscaping.
(14) 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 area or sidewalks shall be fully landscaped. Where a development boundary line abuts a lot in a residential zone, which lot is not owned by the developer, there shall not be cut, uprooted, destroyed or taken away any existing trees, shrubbery or other plantings within the area of 60 feet inside the boundary line of the development abutting a residential lot. If no adequate trees, shrubs or other plantings exist in the sixty-foot area in the natural state of the premises before the development, the area shall be provided with an adequate approved planting plan to provide a belt of screening within the sixty-foot area in accordance with § 220-100 of this chapter. Where a development boundary line abuts a lot in a multifamily district residential zone, the sixty-foot area described above shall be reduced to 40 feet.
(16) Interior roads. All roads and other accessways within the development shall be private roads constructed, paved and curbed to a width of not less than 30 feet. All private roads shall have a minimum radius at the center line of the road of 50 feet and a minimum curb return radius at intersections of 25 feet. A minimum center line tangent of at least 50 feet shall be introduced between reverse curves on all such roads. Driveways serving more than one estate home shall be private roads constructed, paved and curbed to a width of not less than 24 feet, with a maximum length of 200 feet (measured from the private road curbline to the beginning of the turnaround area) and a minimum turnaround area of not less than 50 feet by 50 feet. At the developer's option, public roads may be installed to Township standards. All such construction, paving and curbing shall be completed in accordance with the Subdivision Regulations of Marlboro Township.
(17) Parking. No parking shall be permitted on any road or accessway within the development All parking shall be confined to the areas specifically designated on the site plan for that purpose. Parking spaces of nine feet by 18 feet for each car shall be required to the extent of 2.35 spaces per unit. If garages are provided, each garage may be counted for the equivalent of one parking space for the purpose of this provision.
(18) Principal buildings.
(a) No principal building shall:
[1] Be designated for or occupied by more than 24 families.
[2] Exceed 170 feet in length in its longest dimension; provided, however, that buildings containing townhouse units only may exceed the foregoing length so long as they do not contain more than six units.
[3] Allow or contain outside television antennas. All television antenna requirements shall be built into the building to eliminate individual antennas being upon the roof. This subsection shall not apply to a common antenna tower.
[4] Allow any air-conditioning unit to project more than six inches from the face of the wall of the building on which it is installed.
(b) Roof design and construction must be other than a flat roof.
(c) The elevation and setbacks should be varied.
(19) Utilities. For all developments, the applicant for the site plan approval shall arrange with the serving utility for the underground installation of the utilities distribution supply of the applicable standard terms and conditions incorporated as part of its tariff on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the Planning Board prior to the granting of site plan approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this subsection; provided, however, that sites which abut existing streets where overhead electric or telephone distribution supply lines have therefor been installed on any portion of the streets involved may be supplied with electric and telephone service from the overhead lines of extensions, but the service connections from the utilities' overhead lines shall be installed underground.
(20) Application fees concerning the Mt. Laurel II proposals (low- and moderate-income housing units only) shall be waived. Application fees for the balance of the project shall apply.
(21) Fire walls. There shall be a fire wall between each unit.
(22) 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.
(23) A clubhouse shall be provided at a minimum of 10 square feet of clubhouse floor area per residential unit.
(24) Parking requirements for clubhouses and pools shall be one parking space per 360 square feet of clubhouse and/or pool area.
D. Affirmative devices requirements. All requirements contained in § 220-69A of this chapter shall apply in the MFD-IV Zone, except that a minimum of 20% of all units proposed to be constructed on site shall be affordable to moderate- and low-income households as defined by the United States Department of Housing and Urban Development and the Council on Affordable Housing ("COAH"). The project known as "Northpointe" proposed for the property known as Block 143, Lots 1.02 and 12, on the Official Tax Map of the Township of Marlboro, Monmouth County, New Jersey, shall be developed as multifamily residential housing with 299 market-rate rental or for-sale units and 85 affordable housing family rental units to be built on site.
E. The requirements found in the Marlboro Township Code at § 220-137D(8) to locate trees of nine-inch caliper or more shall be waived, provided that the applicant submits representative samplings that are found to be acceptable by the Planning Board.
F. The requirements found in the Marlboro Township Code at § 220-35D(24)(e) requiring maximum lawn grades of 4:1 shall be waived and a ratio of 3:1 shall be provided instead.
G. The requirements found in the Marlboro Township Code at § 84-104J(8) requiring high water design of basins 100 feet from a proposed dwelling shall be waived and a requirement of 50 feet shall be provided instead.
H. For existing stormwater basins, the requirements found in the Marlboro Township Code at § 84-104J(9) requiring a basin setback to right-of-way 25 feet shall be waived and a basin setback right-of-way of zero feet shall be provided instead.
I. The requirements found in the Marlboro Township Code at § 220-35F regarding stream corridor buffer setbacks shall not apply within the MFD-IV Zone District.
J. The requirements found in the Marlboro Township Code at § 220-96D(1) regarding pool size are not applicable within the MFD-IV Zone District. However, a minimum of six square feet of pool area per unit shall be required.
