[Added 9-9-1993 by Ord. No. 44-93]
The following regulations shall apply in the SCPR District:
A. Permitted uses.
(1) Single-family dwellings in a cluster development as defined in Subsection A(4) of this section, provided that public water supply and a sanitary sewerage collection system is provided and connected to an existing regional wastewater treatment plant and the affordable housing criteria described in Subsection A(6) are complied with.
(2) Single-family dwellings in a noncluster development as defined in Subsection A(5) of this section, whether or not the tract of land in question meets the minimum size requirements provided in such subsection.
(3) Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
(4) Cluster development shall be in accordance with the following standards and the cluster provisions of § 220-41, where such provisions are consistent with this section:
(a) The minimum size of a tract or parcel of land proposed for development under the cluster development provisions of this section shall be 25 acres.
(b) The maximum number of residential building lots for each cluster development shall be computed on the basis of 0.8 lot per gross acre (0.8 x gross acres = number of permitted lots). 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 for greenways or open space 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 be set aside as common property and maintained by a homeowners' association. Land utilized for street rights-of-way shall not be included as part of the above 40%.
(d) At least 10% or a minimum of 10 acres of the land area set aside as open space or common property shall be suitable for development for active recreation purposes. At least five acres of these lands shall not be linear and shall be contained in a contiguous parcel with minimum dimensions of 400 feet by 400 feet.
(e) Greenways shall be provided so that no residential lot line lies within 100 feet of the top of the bank of a stream or other body of water or within 100 feet of a freshwater wetland boundary line as approved by the New Jersey Department of Environmental Protection and Energy (NJDEPE) in accordance with the provisions of the New Jersey Freshwater Wetlands Protection Act Rules, N.J.A.C. 7:7Aj. Wherever possible, such greenways shall be increased to 150 feet in width. Greenway averaging may be utilized when necessary to accommodate irregularities in wetland boundaries so long as the total area in square feet within the greenway is not reduced. The minimum greenway width used in a greenway averaging plan shall be 50 feet. All greenway averaging plans shall be subject to Planning Board review and approval. The area contained within the above greenway buffers shall be considered to be part of the 40% of the land area preserved. In no case, however, shall there be a greenway less than 100 feet in width between a residential lot line and the top of a perennial stream bank.
(f) Bermed and landscaped buffers 100 feet in width shall be provided between any residential lot line and any tract boundary with an industrial or commercial zone district or railroad right-of-way.
(g) The minimum lot requirements for a cluster development shall be:
[1] Lot size: 25,000 square feet.
[2] Street frontage: 125 feet for interior lots and 150 feet for corner lots.
[3] Lot width: 125 feet for interior lots and 150 feet for corner lots.
[4] Lot depth: 150 feet.
[5] Principal building front yard: 40 feet.
[6] Principal building side yard: 15 feet; accessory building or structure: 15 feet.
[7] Principal building rear yard: 25 feet; accessory building or structures: 25 feet. However, in those cases where the full length of the rear lot line is contiguous to a Township-owned greenway of at least 50 feet in width and no portion of said rear 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 lot line. If a rear line setback of less than 25 feet is utilized, suitable landscaping shall be provided to shield the structure from the rear lot line. Drainage shall be controlled so as not to cause flooding or erosion of adjacent property and site plan approval shall be required.
[8] Maximum percentage of lot coverage by buildings and structures: 25%. [Added 6-17-1999 by Ord. No. 1999-21]
(h) Any lands conveyed or dedicated to the Township shall meet the following requirements:
[1] Every parcel of land so conveyed or dedicated on a subdivision plat of a cluster development shall be free of any liens or encumbrances of any nature at the time final approval is granted by the Township and at the time of recording of the final subdivision plat, and each parcel so dedicated shall be noted on the plat.
[2] The lands so conveyed or 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.
[3] The lands so conveyed or 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 ability to assemble and link such lands to adjoining areas in order to form continuous bands of open space and by the accessibility or potential utility of such lands.
[4] The lands so conveyed or 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. 46:23-9.9, 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.
(5) If a tract of land fails to meet the minimum size requirements for a cluster development as described in Subsection A(4)(a) of this section, the minimum lot requirements shall be those of the R-80 Residential District with a maximum allowable density of 0.43 lot per gross acre. For lands which do not meet the minimum size requirements for a cluster development and which are to be developed in accordance with the R-80 Residential District minimum lot requirements, the buffer requirements of the SCPR District shall not apply, with the exception that all freshwater wetlands buffers as established by the NJDEPE shall apply, and a minimum greenway width of 100 feet shall be established between the main branch of Big Brook and any residential lot line with the greenway area to be conveyed or dedicated to the Township of Marlboro.
(6) For cluster developments in the SCPR District, a development fee shall be exacted for deposit into the Township's Housing Trust Fund created under Article III of Chapter 70 of the Code of the Township of Marlboro. The development fee imposed shall be 1\2 of 1% of the equalized assessed value on the number of units that could be realized in accordance with R-80 Residential District density requirements (0.43 lot per gross acre) and 6% of the equalized assessed value on the incremental units over and above 0.43 lot per gross acre obtained through conformance with SCPR cluster criteria. [Amended 11-12-1998 by Ord. No. 25-98]
(7) No development in the SCPR District shall be permitted where the property on which such development is to be located is adjacent to Buck's Lane unless a conservation easement shall have been dedicated to the Township, which shall be a minimum of five feet in width as measured from the right-of-way line of Buck's Lane contiguous to such proposed development and which shall prohibit any structure or other improvement or vehicular traffic on or through such conservation easement in perpetuity. [Added 9-9-1993 by Ord. No. 51-93]
B. Permitted accessory uses.
(1) Private garages designed to accommodate three cars or fewer.
(2) Fences, subject to the provisions of § 220-95 of this chapter.
(3) Private swimming pool, subject to the provisions of § 220-96 of this chapter.
(4) Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
C. 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 recreational areas.
(5) Commercial swimming pools and swimming clubs.
(6) Home professional offices and home occupations.
D. Signs are subject to the provisions of § 220-99 of this chapter.
E. Off-street parking is subject to the provisions of § 220-97 of this chapter.
F. All other provisions of this chapter which are applicable to lands in the SCPR District and which have not been specifically modified in this subsection shall also apply to lands developed under this section.
[Added 8-19-1999 by Ord. No. 1999-29]
The following regulations shall apply in the SCPR-II District:
A. Permitted uses. [Amended 10-10-2002 by Ord. No. 2002-24]
(1) Single-family dwellings in a cluster development as defined in Subsection A(3) of this section, provided that public water supply and a sanitary sewerage collection system is provided and connected to an existing regional wastewater treatment plant.
(2) Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon completion or abandonment of the construction work.
(3) Cluster development shall be in accordance with the following standards and the cluster provisions of § 220-41, where such provisions are consistent with this section:
(a) The maximum number of residential building lots for each cluster development shall be computed on the basis of 0.43 per gross acre (0.43 x gross acres = number of permitted lots). If this calculation results in a remaining fraction of a lot, the fraction shall be rounded to the nearest whole number.
(b) Greenways and open space areas shall be provided in accordance with § 220-78A(4)(c) through (f).
(c) The minimum lot requirements for a cluster development shall be in accordance with § 220-78A(4)(g).
(d) Any lands conveyed or dedicated to the Township shall meet the requirements of § 220-78A(4)(h).
B. Permitted accessory uses.
(1) Private garages designed to accommodate three cars or fewer.
(2) Fences, subject to the provisions of § 220-95 of this chapter.
(3) Private swimming pool, subject to the provisions of § 220-96 of this chapter.
(4) Other customary accessory uses and buildings which are clearly incidental to the principal use and building.
C. 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 recreational areas.
(5) Commercial swimming pools and swimming clubs.
(6) Home professional offices and home occupations.
D. Signs are subject to the provisions of § 220-99 of this chapter.
E. Off-street parking is subject to the provisions of § 220-97 of this chapter.
[Added 12-2-1999 by Ord. No. 1999-43]
Planned Adult Community District, hereinafter referred to as "PAC-III," is defined as a community having one or more contiguous parcels of land with a total acreage of at least 75 acres to be dedicated to the use of a planned adult community. 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. All projects developed within the PAC-III Zone are expressly subject to the development fees set forth in § 70-19 of the Marlboro Township Code, as amended.
A. Permitted uses.
(1) Single-family detached dwellings restricted to residents 55 years of age or older.
(2) Recreational and cultural facilities for the sole use of the residents of the community and their guests, including but not limited to: clubhouse, swimming pool, library, media center, court games, picnic areas and other active and passive recreation facilities.
B. Accessory uses.
(1) Necessary accessory buildings and uses shall be permitted, including facilities for maintenance, administration, streets and off-street parking facilities and utilities.
(2) Signs, as regulated in this chapter, provided that:
(a) All applications for sign permits shall be submitted to the homeowners' association for approval as to uniformity throughout the community. No sign permit application shall be considered unless it has received the prior approval of the homeowners' association before application is made to the Township.
(b) Permanent entrance or project signs, if approved by the Planning Board.
(3) Fences, as regulated in this chapter provided that:
(a) All applications for fence permits shall be submitted to the homeowners' association for approval as to uniformity throughout the community. No fence permit application shall be considered unless it has received the prior approval of the homeowners' association before application is made to the Township.
(4) Notwithstanding any other ordinance to the contrary, one- or two-car attached garages are permitted as an accessory use in this zone.
(1) Density. No more than four dwelling units shall be permitted per gross acre of the tract.
(a) Corner lots: 6,000 square feet.
(b) All other lots: 5,000 square feet.
(3) Minimum floor space per dwelling unit: 1,200 square feet.
(4) Minimum lot frontage: 50 feet.
(5) Minimum lot width: 50 feet.
(6) Minimum lot depth: 85 feet.
(7) 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.
(8) Maximum building height: 2 1/2 stories and in no event shall the height exceed 35 feet. [Amended 3-5-2007 by Ord. No. 2007-4]
(9) Setbacks for principal structures:
(a) Minimum front yard setback: 20 feet. Any two contiguous units must have a five-foot difference in setback.
(b) Minimum side yard setback. The minimum side yard setback shall be five feet. The minimum total of both side yards shall be 15 feet. In no event shall principal buildings be located within 15 feet of each other.
(c) Minimum rear yard setback: 20 feet.
(10) 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.
D. 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.
E. Streets shall be privately owned and maintained. Sidewalks shall be provided on both sides of all streets.
F. 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.
G. Recreational areas.
(1) There shall be in each PAC-III community 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 therefore or prior to the issuance of certificate of occupancy for 50% of the total number of approved dwellings, whichever shall occur first. Each clubhouse shall be provided with adequate parking of at least one space per 200 square feet of building floor area.
(2) Each PAC-III 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, bocce courts, swimming pools, 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.
H. Procedural requirements.
(1) All subdivision plans and site plans shall be submitted to the Planning Board 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 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 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.
