A.Planned Adult Community District, hereinafter referred to as "PAC," is defined as a community having one or more parcels of land with a total acreage of at least 75 acres forming a land block to be dedicated to the use of a planned adult community through its corporation association or owners. Said land shall be restricted by bylaws, rules, regulations and restrictions of record to use by permanent residents in their adult years. Ownership of the residential units and the area comprising a PAC may be in accordance with the provisions of N.J.S.A. 46:8B-1 et seq., or the ownership may be as is commonly referred to as "fee simple" with open space to be maintained through assessment against property owners within the confines of the community of not less than 48 years of age.
A. Permitted uses.
(1) Single-family detached dwellings developed pursuant to the requirements and conditions contained in Subsection S hereafter.
(2) PAC single-family dwellings.
(3) Recreational and cultural facilities for the sole use of the residents of the community and their guests, including the following: clubhouse, swimming pool, shuffleboard courts and picnic grounds. Recreational and cultural facilities shall not be limited to the foregoing, so that the applicant may propose additional facilities with its application. All such facilities shall be subordinated to the residential character of the community and no advertising shall be permitted.
B. Permitted accessory uses. Necessary accessory buildings and uses shall be permitted, including facilities for maintenance, administration, streets and off-street parking facilities and utilities.
C. Minimum land area: 75 contiguous acres.
D. There shall be no more than four dwelling units per acre. The same shall be calculated by dividing the proposed number of dwelling units by the number of acres in the development.
E. Minimum lot area: 5,000 square feet.
G. Single-family dwelling setbacks. Front yards, side yards and rear yards of single-family dwelling buildings shall comply with the following minimum dimensions:
(1) Front yard setbacks.
(a) Units of 1,100 square feet to 1,250 square feet shall have a setback of at least 30 feet.
(b) Units of 1,251 square feet to 1,400 square feet shall have a setback of at least 25 feet.
(c) Units of 1,401 square feet or larger shall have a setback of at least 20 feet.
(d) At all times any two contiguous units must have a five-foot difference in setback regardless of the size of the units.
(2) A side yard shall be a minimum of eight feet, with a total of both side yards being 20 feet on each lot. In no event, however, shall buildings be less than 20 feet apart.
(3) Rear yard setbacks shall be 20 feet for principal buildings and 12 feet for accessory buildings. For the purpose of this zone, pergolas and roofs over patios or decks shall be considered accessory buildings. [Amended 6-16-1988 by Ord. No. 30-88; 8-18-1988 by Ord. No. 37-88; 9-24-1992 by Ord. No. 25-92]
(4) Where a rear yard is adjacent to common property, then the setback for patios and decks shall be five feet. [Added 7-20-1989 by Ord. No. 29-89]
H. Buffer zone. No building or structure other than entrances, gatehouses, walls and fences shall be located within 75 feet of any exterior boundary line of the tract.
I. Minimum floor space per dwelling unit: 1,100 square feet.
J. Minimum off-street parking requirements. Not less than 1 1/2 spaces of off-street parking shall be provided for each dwelling unit. Off-street parking shall be in general conformance with the requirements of this chapter. For the purposes of this section, a "parking space" is defined as being an area of 200 square feet and may be included in an attached or detached garage or carport.
K. Streets may be either dedicated to the public use or private in nature, at the option of the Planning Board. In any event, same shall be constructed in accordance with the provisions of the subdivision regulations. With the exception of those roads which are required to be dedicated to public use by either the Planning Board or the Township Council or the County of Monmouth, all roads are to remain private roadways and are to be the property and responsibility of a homeowners' association or analogous body for the care and maintenance of the roadways, green areas and recreational facilities. Provisions shall be made for the permanent maintenance of private roadways within a PAC so that such roadways shall not become the obligation of the Township of Marlboro.
L. Buffer zones. There shall be provided an adequate buffer zone along the exterior boundary lines of a PAC, which street buffer zone shall consist of fencing or planting, or a combination of both, the design and adequacy of which shall be determined by the Planning Board of the Township of Marlboro.
M. Water and sewer facilities. No individual wells or individual sewage disposal systems shall be permitted. Each dwelling unit shall be serviced by a central water system and a central waste disposal system approved by the Planning Board or the Township Council. The implementation and placement of these facilities shall be subject to the requirements of the subdivision regulations of this chapter.
N. Improvements. All improvements shall be subject to the standards of the subdivision regulations of this chapter.
O. Maintenance of association-owned properties. The maintenance of the green areas, private roadways, driveways, common courtyards, recreational areas, lakes and other improvements not intended to be individually owned shall be provided by an association organized under the Nonprofit Corporation Statute of the State of New Jersey (Title 15) and formed for that purpose. The applicant shall, in the form of restrictions and covenants to be recorded, provide that title to the aforesaid enumerated areas shall be conveyed to said association, whose members shall be owners of lots other persons as a majority of the members shall designate from time to time by duly adopted bylaws. Said restrictions and covenants shall also provide that in the event the nonprofit association shall cease to function through lack of participation of the members or be dissolved, the Township of Marlboro shall have the right by special assessment to assess the lot owners in the development or tract, annually, a sum of money which would be sufficient to pay the taxes on said park, recreational and other areas and for the proper upkeep, maintenance and preservation of same. Such restrictions and covenants shall further provide that the same shall not be altered, amended, voided or released in whole or in part without the written consent of the Township of Marlboro by resolution duly adopted at a regular meeting of the Township Council and except upon proper notice being given by the applicant or any other party in interest to all owners of lots in the PAC.
P. Recreational areas.
(1) There shall be in each PAC at least one clubhouse or community building. There shall be at least 15 square feet of clubhouse building space provided for each proposed dwelling unit. The clubhouse shall be completed and in operation before the 100th dwelling unit has been completed and a certificate of occupancy issued therefor. Each clubhouse shall be provided with adequate parking of at least 50 spaces and an overflow area to total one parking space for every four seats.
(2) Each PAC shall provide a site or sites for recreational facilities for the use of its residents. Recreational facilities shall include but shall not be limited to such facilities as shuffleboard lanes, barbecue grills, picnic benches and indoor recreation facilities. All grounds surrounding recreational and administrative facilities shall be appropriately landscaped and shall be provided with adequate walkways. Underground irrigation shall be installed for such areas.
(3) Where a PAC is a conventional fee simple development, plat plans shall indicate that recreational areas and green areas shall be dedicated to a homeowners' association or analogous body.
(4) Only those improvements and facilities which are to be dedicated to public use shall be bonded by the applicant.
Q. Procedural requirements.
(1) All subdivision plans and site plans shall be submitted to the Planning Board and to the Township Council in accordance with the requirements of the subdivision regulations of this chapter. Where facilities proposed to be built are other than residential dwellings, site plans shall be submitted in conformance with this chapter.
(2) At such time as the applicant or developer shall submit a subdivision plan for preliminary approval or site plan for approval, the following shall also be submitted:
(a) Covenants and restrictions for the community or any other plan for or restriction upon the community property.
(b) Proposed master deed or deeds.
(c) Bylaws of the proposed homeowners' association.
(d) Proposed agreement of sale.
(e) Proposed form of deed.
(3) Said documents shall be forwarded to the Planning Board and shall be subject to the review of the Planning Board and of the Township Council as to their adequacy in ensuring that the community shall be constituted so as to be consistent with the purposes and requirements of this section. The proposed documents and restrictions shall indicate a comprehensive and equitable program for the orderly transition of control over the homeowners' association from the applicant or the developer to the actual homeowner in the community.
(4) In addition to the foregoing, it shall be mandatory for any applicant to provide the Planning Board and the Township Council with copies of all submissions to be made to any state agency, pursuant to the Retirement Community Full Disclosure Act, at all stages of development.
R. Required land use development staging. The applicant shall comply with the requirements of § 220-66C.
S. Schedule of minimum requirements: single-family dwellings (nonadult community).
(1) Maximum density for single-family residences shall be two units per acre.
(2) Minimum lot area shall be 15,000 square feet.
(3) Minimum lot width for interior lots shall be 100 feet; minimum lot frontage for corner lots shall be 125 feet. [Amended 6-24-1993 by Ord. No. 33-93]
(4) Minimum lot depth shall be 120 feet.
(5) Minimum lot frontage for interior lots shall be 100 feet; minimum lot frontage for corner lots shall be 125 feet. [Amended 6-24-1993 by Ord. No. 33-93]
(6) Minimum front yard setback shall be 35 feet.
(7) Minimum side yard setback shall be 10 feet for one side yard, total of 25 feet for both sides.
(8) Minimum rear yard setback shall be 30 feet.
(9) Maximum building height shall be 35 feet for principal building and 15 feet for accessory building.
(10) Maximum percentage of lot coverage shall be 28%. [Amended 10-22-1992 by Ord. No. 37-92]
(11) Minimum floor area shall be 1,500 square feet.
(12) In all other respects concerning lot sizes and buildings requirements, the provisions of § 220-56, R-20 Residential District, shall apply.
[Amended 1-24-1991 by Ord. No. 64-90; 9-8-1994 by Ord. No. 18-94]
A. The PAC-II Planned Adult Community District is hereby established and shall be governed by the following development standards. In the case of a conflict between the regulations contained herein and those contained in other sections of this chapter, the provisions herein shall take precedence and be applicable. Furthermore, the provisions of § 220-35D(24)(e) and § 220-69 shall not apply.
B. Permitted uses. The following uses shall be permitted:
(1) Single-family detached dwellings.
(2) Single-family detached zero lot line dwellings.
(3) Single-family attached dwellings with patios.
(4) Townhouses.
(5) Garden apartments and multiple dwellings restricted to persons 55 years of age or older as permitted by federal law.
C. Permitted accessory uses. The following accessory uses shall be permitted: [Amended 9-25-1997 by Ord. No. 21-97]
(1) Attached garages for the exclusive use of residents.
(2) In addition, for single-family detached dwellings and single-family houses with zero lot lines only, all accessory uses permitted in the LC Land Conservation District under § 220-47B.
(3) Fences for zero lot line homes.
(a) Fences as accessory uses for zero lot line homes shall be erected only within the rear yard as defined in this chapter.
(b) No fences shall be erected in either the front yard or side yard as defined in this chapter.
(c) All fences shall be erected within property lines.
(d) Fences shall not be erected between any two principal structures if the distance between the two structures is less than 30 feet.
(e) Any decisions regarding placement of fences shall be subject to the more restrictive provisions of this chapter.
(4) Fences for attached homes with patios.
(a) Fences shall only be erected in a rear yard as defined in this chapter.
(b) No fences shall be erected in either the front yard or side yard as defined in this chapter.
(c) In order to enable access to interior rear yards, a property owner shall place a fence a minimum of four feet from the rear property line to allow free passage to the interior lots. This passageway may not be blocked by any permanent or temporary structure or any planting which will inhibit free passage of people and equipment, such as lawn mowers. No decks, tables, chairs, swing sets, sheds or plantings may block this four-foot-wide path.
D. Maximum density. The maximum density permitted in the PAC-II Zone shall be as permitted by judgment of the Superior Court of New Jersey, Law Division, in the case known as Kaplan, et al. vs. Marlboro Township, bearing Docket No. L-039596-84, dated December 24, 1985, as the same may be amended by order from time to time.
E. Minimum tract area shall be 10 acres.
F. Bulk design and buffer standards.
(1) For single-family attached dwellings with patios, townhouses and Mount Laurel age-restricted dwelling units (permitted in Block 412, Lots 164, 165 and 166, and Block 413, Lot 24, only):
(a) Buffers.
[1] There shall be a minimum sixty-foot buffer to adjacent residential uses or zones with lesser density located outside the PAC II Zone.
[2] There shall be a minimum twenty-five-foot buffer to any nonresidential use or state or county road or to any street other than a local street as defined in § 220-4.
[3] Buffers may be natural or landscaped in accordance with § 220-100.
(b) The number of dwelling units in a building will be as permitted by the judgment of the Superior Court referenced in Subsection C above, as the same may be amended by order from time to time.
(c) Front yard setback shall be a minimum of 25 feet.
(d) Rear yard setback shall be a minimum of 20 feet from other lots in tract, except that no more than 5% of the units may have a minimum rear yard setback of 15 feet, providing just cause, and 50 feet from a zone boundary; 60 feet from a tract boundary where a sixty-foot buffer is required; setback may include buffer area. [Amended 9-22-1994 by Ord. No. 24-94]
(e) Lot area shall be a minimum of 2,500 square feet for single-family attached dwellings with patios.
(f) Building height shall be a maximum of 2 1/2 stories but not to exceed 35 feet.
(g) Lot coverage shall be a maximum of 50% for single-family attached dwellings with patios, excluding driveways, sidewalks, service walks, patios and decks.
(h) Distance between buildings shall be a minimum of 30 feet, except that age-restricted low- and moderate-income dwelling units shall be a minimum of 50 feet.
(i) 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.
(j) Parking requirements. Parking requirements shall be as follows:
[1] For dwelling units without attached garages: 2 1/2 spaces per dwelling unit in driveways or on streets, except that age-restricted low- and moderate-income units shall provide 1 3/4 spaces per dwelling unit.
[2] For dwelling units with a one-car garage: one additional space per dwelling unit in each driveway plus 1/2 space per unit in the street.
[3] For dwelling units with a two-car garage: no additional parking required.
(k) Roadways.
[1] Thirty-foot width shall be required where parallel parking is forbidden.
[2] Thirty-six-foot width shall be required for public or private roads where on-street parallel parking is allowed.
[3] Design shall assume up to a thirty-five-miles-per-hour design speed for minor collector streets and 25 miles per hour for local streets.
[4] Sight triangles shall be 90 feet by 90 feet for interior local roads, except where a stop sign is warranted and provided, in which case a sixty-foot-by-sixty-foot sight triangle will be permitted. [Added 9-22-1994 by Ord. No. 24-94]
(l) Dead-end streets. Dead-end streets shall be permitted as follows:
[1] A reasonable turnaround area shall be provided to accommodate emergency vehicles in the form of a cul-de-sac, hammerhead turnaround or other generally recognized roadway design.
[2] The length of the street leading to the age-restricted low- and moderate-income dwellings shall be permitted to exceed the cul-de-sac maximum street length standards otherwise set forth in this chapter.
(m) Design standards. [Added 10-13-1994 by Ord. No. 27-94]
[1] Minimum center-line radius of roads shall be 125 feet.
(n) Similarity of buildings. Notwithstanding any other provision of this chapter to the contrary, the provisions of §§ 220-38 and 220-181 shall not apply. [Added 11-3-1994 by Ord. No. 28-94]
(o) Location of trees. The number, location, species and diameter of all existing trees having a diameter of nine inches or more at a height of 12 inches from the base of planting within the street rights-of-way or area of lot clearance shall be estimated using a methodology approved by the Planning Board environmental consultant. [Added 11-3-1994 by Ord. No. 28-94]
(2) For single-family detached dwellings and single-family detached dwellings with zero lot lines, requirements shall be as follows:
[1] Lot area: a minimum of 4,000 square feet.
[3] Lot depth: a minimum of 90 feet.
[4] Front yard setback: a minimum of 20 feet.
[5] Side yard setback: a minimum of zero feet for one side for zero lot line dwellings; a total of 10 feet for both sides; 10 feet for other single-family detached dwellings.
[6] Rear yard setback: a minimum of 20 feet.
[7] Lot coverage: a maximum of 45% for building, excluding driveways, sidewalks, service walks, patios and decks.
[8] Building height: a maximum of 2 1/2 stories but not to exceed 35 feet.
(b) Design standards.
[1] Minimum center-line radius of roads: 125 feet.
[2] Parking.
[b] With one-car garage: one additional space per dwelling unit in driveway and 1/2 space per unit on the street.
[c] With two-car garage: no additional parking required.
(c) Buffers: The provisions of § 220-77F(1)(a) shall apply.
(d) Roadways. [Added 10-13-1994 by Ord. No. 27-94]
[1] Thirty-foot width shall be required where parallel parking is forbidden.
[2] Thirty-six-foot width shall be required for public or private roads where on-street parallel parking is allowed.
[3] Design shall assume a thirty-five-miles-per-hour design speed for minor collector streets and 25 miles per hour for local streets.
[4] Sight triangles shall be 90 feet by 90 feet for interior local roads, except where a stop sign is warranted and provided, in which case a sixty-foot-by-sixty-foot sight triangle will be permitted.
(e) Dead-end streets. Dead-end streets shall be permitted as follows: [Added 10-13-1994 by Ord. No. 27-94]
[1] A reasonable turnaround area shall be provided to accommodate emergency vehicles in the form of a cul-de-sac, hammerhead turnaround or other generally recognized roadway design.
[2] The length of the street leading to the age-restricted low- and moderate-income dwellings shall be permitted to exceed the cul-de-sac maximum street length standards otherwise set forth in Chapter 220.
(f) Location of trees. The number, location, species and diameter of all existing trees having a diameter of nine inches or more at a height of 12 inches from the base of planting within the street right-of-way or area of lot clearance shall be estimated using a methodology approved by the Planning Board environmentalist. [Added 11-3-1994 by Ord. No. 28-94]
(g) Accessory structure setbacks. [Added 10-23-1997 by Ord. No. 24-97]
[1] Side yard setback: a minimum of zero feet from the same (shared) side lot line where zero lot line dwellings are setback zero feet, otherwise 10 feet for zero lot line dwelling lots and other single-family detached dwelling lots.
[2] Rear yard setback: a minimum of five feet.
(3) Affirmative devices and Mount Laurel phasing requirements.
(a) Development of Block 412, Lots 164, 165 and 166, and Block 413, Lot 24, shall include 79 low- and moderate-income housing units as defined by the New Jersey Council on Affordable Housing (COAH) with 29% of the units to be affordable to low-income families and 71% to be affordable to moderate-income families. Affirmative devices shall be required and deed restrictions shall be implied in accordance with COAH rules in effect at the time of final approval.
(b) The additional 63 low- and moderate-income units required on this site by the consent order for final judgment, dated December 24, 1985, in Kaplan, et al. vs. Marlboro Township, Superior Court of New Jersey, Law Division, Docket No. L-039596-84 and incorporated by reference in § 220-34E, may be transferred pursuant to a regional contribution agreement as permitted by the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.
(c) Phasing requirements for low- and moderate-income dwellings shall be as set forth in Paragraph 6 of the Consent Order Modifying Final Judgment, dated June 5, 1990, in Kaplan, et al. vs. Marlboro Township, Superior Court of New Jersey, Law Division, Docket No. L-039596-84.
(4) Since the development of this zone represents a scaling down of development otherwise required by the court order dated December 24, 1985, as amended on June 5, 1990, and since such development is required by these court orders to be free of cost-generative devices, no requirement for a contribution for detention of stormwater, as set forth in § 220-18C(5) and (6) and Schedule C, or any other contribution for infrastructure improvements contained in any ordinance adopted after December 24, 1985, the date of the initial Mount Laurel II judgment incorporated in § 220-34E, shall apply to any development in the PAC-II Zone.
