The following regulations shall apply in the municipal zone:
A. Permitted uses.
(1) All public and quasi-public uses legally permitted in the Township of Marlboro may be permitted in any municipal zone.
B. Conditional uses.
(1) Wireless communications facilities.
[Added 5-25-1995 by Ord. No. 9-95]
The following regulations shall apply in the A/LC Agriculture/Land Conservation District:
A. Permitted uses.
(1) Single-family dwellings.
(a) Construction of single-family dwellings within the Agriculture/Land Conservation District shall be in accordance with the following requirements:
[1] The minimum lot area shall be 10 acres; the minimum lot area for flag lots shall be 10 acres plus a fifty-foot-wide access lane.
[2] The minimum lot frontage shall be 400 feet; the minimum lot frontage for flag lots shall be 50 feet for the access lane.
[3] The minimum lot width shall be 400 feet; the minimum lot width for flag lots shall be 400 feet for that portion of the lot used as the dwelling site.
[4] The minimum lot depth shall be 500 feet; the minimum lot depth for flag lots shall be 500 feet, which shall not include the access lane.
[5] The minimum front yard setback shall be 150 feet; the minimum front yard setback for flag lots shall be 150 feet, which shall not include the access lane.
[6] The minimum side yard setback shall be 100 feet.
[7] The minimum rear yard setback shall be 150 feet.
(b) If lot size averaging (as defined in § 220-4 of this chapter) is used, then construction of single-family dwellings within the Agriculture/Land Conservation District shall be in accordance with the following requirements:
[1] The minimum lot area shall be 80,000 square feet, with an overall tract density of no more than 0.10 lot per acre.
[2] The remainder of the bulk requirements for development shall be the same as those required in the R-80 Zone under § 220-48C of this chapter.
(2) Farms, including operations for agriculture and agricultural purposes as defined in this chapter. Construction or operation of farms within the Agriculture/Land Conservation District shall be in accordance with the following regulations, notwithstanding the provisions of any other section of this chapter to the contrary:
(a) The minimum lot area shall be 10 acres.
(b) The minimum lot frontage shall be 400 feet.
(c) The minimum lot width shall be 400 feet.
(d) The minimum lot depth shall be 500 feet.
(e) The minimum front yard setback shall be 150 feet.
(f) The minimum side yard setback shall be 100 feet.
(g) The minimum rear yard setback shall be 150 feet.
(3) State, county and municipal parks/recreational facilities. Such parks or facilities may include ballfields, swimming pools and/or other similar uses.
(4) Open space for passive recreational uses, including but not limited to hiking, fishing, nature preserves, bird watching and other similar uses.
(5) Public and private golf courses with a minimum lot area of 150 acres. [Added 5-13-1999 by Ord. No. 1999-13]
B. Permitted accessory uses.
(1) All accessory uses permitted in the LC Land Conservation District under § 220-47B.
(2) Farm buildings, greenhouses and other similar structures or buildings which are customary and incidental to agriculture or agricultural purposes as defined in this chapter.
(3) Golf course clubhouse. [Added 5-13-1999 by Ord. No. 1999-13]
(4) Golf course maintenance buildings, golf cart storage facilities and other similar structures or buildings which are customary and incidental to a golf course. [Added 5-13-1999 by Ord. No. 1999-13]
C. Conditional uses. Uses requiring a conditional use permit, subject to the provisions of Article IV of this chapter:
(1) Public utilities.
(2) Churches and places of worship.
(3) Quasi-public buildings and recreation areas.
(4) Home professional offices and home occupations.
(5) Private hospitals and/or other similar private health care facilities, which shall be subject to the provisions of § 220-107 of this chapter.
(6) Buildings and grounds associated with institutions of higher learning, which shall be subject to the provisions of § 220-104 of this chapter. An "institution of higher learning" shall be defined for the purposes of this chapter as any public, parochial or private school, college or university whose enrollment is composed of students who have graduated from secondary (high) school and which is duly approved and licensed to operate by all appropriate educational and state/federal agencies.
(7) Corporate headquarters facilities and executive offices in a comprehensively planned setting subject to the provisions of § 220-117. Specifically excluded are general commercial or professional office uses, light industrial and research uses and other similar uses.
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. Fences are subject to the provisions of § 220-95 of this chapter.
[Added 11-29-1990 by Ord. No. 56-90]
The following land use regulations shall apply to the Airport Hazard Area Zone (AHA) as delineated on the Zoning Map and as further diagrammed within the zoning text. These rules and regulations and the diagrams are as per N.J.S.A. 27:1A-5, 27:1A-6, 6:1-29 and 6:1-32, the Air Safety and Hazardous Zoning Act of 1983, L. 1983, c. 260, as amended.
A. Permitted land uses.
(1) Residential single-family dwelling units which are situated on a lot at least three acres in size and not located in a Clear Zone. Residential zoning is permitted in the Clear Zone as long as all dwellings are physically located outside of the Clear Zone.
(2) Airports as further regulated by the Air Safety and Hazardous Zoning Act.
(3) Agricultural uses.
(4) Open space.
(5) Cemeteries are permitted in the Runway Subzone subject to the following conditions and requirements: [Added 8-8-1991 by Ord. No. 34-91]
(a) A cemetery shall have a minimum contiguous area of 40 acres.
(b) A cemetery shall have access to a principal arterial road such as a state highway as shown on the Marlboro Township Master Plan adopted in 1990.
(c) Grave sites shall be set back a minimum of 50 feet from any street line and 35 feet from all other property lines.
(d) A mausoleum is permitted, provided that 50 feet of setback is maintained from all property lines and that it shall not exceed 35 feet in height.
(e) Parking requirements shall be determined by the Planning Board, and no parking shall be located closer than 50 feet to any street line.
(f) All setbacks shall be attractively landscaped as determined and approved by the Marlboro Township Planning Board.
(g) A cemetery must obtain site plan approval from the Marlboro Township Planning Board.
(h) A cemetery must comply with all requirements of federal, state, county and local law. Particularly, a cemetery must comply with Title 8A of the Statutes of the State of New Jersey as well as all rules and regulations issued by the New Jersey Cemetery Board.
(i) Crematories are expressly prohibited in a cemetery.
B. Specifically prohibited land uses.
(1) Residential (dwelling units) not situated on a lot of at least three acres in size.
(2) Planned unit developments and multifamily dwellings.
(3) Hospitals.
(4) Schools.
(5) Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids.
(6) Within the Runway End Subzones only, the aboveground bulk tank storage of flammable or toxic gases and liquids.
(7) Uses that may attract massing birds, including landfills.
(8) Above-grade major utility transmission lines and/or mains.
C. Residential land uses are subject to all other requirements of the R-80 Zone, except for the required three-acre lot size (§ 220-48).
A. Fences hereafter erected, altered or reconstructed in any zone in the Township of Marlboro shall be open fences not to exceed three feet in height above ground level when located in a front yard area, or five feet on a lot of six or more acres of farmland, or fences not to exceed six feet in height above ground level in any side or rear yard areas, except as follows:
(1) Open wire fences not exceeding eight feet in height may be erected in the rear or side yard areas in any commercial or industrial zone district.
(2) Open wire fences not exceeding eight feet in height may be erected within public park, public playground or public school properties.
(3) Fences enclosing commercial or private club pools shall adhere to the requirements of § 220-96 of this chapter.
(4) Fences specifically required by this section.
(5) For corner properties, fences in front yards may be permitted on setback lines, provided that the setback lines are no further from the principal structure than four feet. No such fence, however, shall be permitted across the entire width of that part of the property where the front door or entrance to the premises is located. [Added 6-24-1993 by Ord. No. 31-93]
(6) Certain zones such as the PAC II and any other zones as may be amended from time to time may have particular restrictions which shall apply due to the nature and type of construction within that zone. Restrictive clauses which apply to all zones shall continue to apply even where a particular zone has additional restrictions. In all cases the more restrictive clause is applicable. [Added 9-25-1997 by Ord. No. 21-97]
(7) Lots with frontage on more than one street, excluding corner lots. The requirements of this section shall apply for lots with two lot frontages, excluding corner lots, when the owner seeks to erect a fence to create a usable rear yard, heretofore their second front yard. [Added 4-29-1999 by Ord. No. 1999-3]
(a) The owner may designate a front and rear yard in accordance with the following:
[1] If the lot contains a principal structure, the front will be reconsidered the direction the principal structure faces.
[2] If the lot does not contain a principal structure, the smaller of the two lot lines coexistent with street lines shall be considered as the lot frontage.
(b) Property owners who would erect a fence within the designated rear yard may do so provided that:
[1] A fence must be erected 20 feet from the property line but in no event closer than 10 feet from any sidewalk.
[2] Notwithstanding the provisions of § 220-95A to the contrary, a fence permitted under this section must be a six-foot high wooden fence known as a "shadow box" or "board on board," constructed with one-inch by four-inch boards, a PVC fence, or a Jerith fence. The wooden fence must also have a plain post. The side of the wooden fence facing the Township street must remain a natural color. However, that side may be treated so long as it is not stained in other than a natural wood color. [Amended 5-9-2002 by Ord. No. 2002-13]
[3] The area between the fence and the property line must be landscaped in a diamond pattern. The landscaping shall consist of a double row of white pine, white fir, Fraser fir, Colorado spruce, Douglas Fir or Norway spruce and having a minimum size of three feet to four feet. The trees must be balled and burlapped. The trees shall be so located as to be 20 feet from center to center. The second row of trees shall be six feet behind the first row planted, however, in a diamond pattern. The trees shall be offset seven feet from the property line and the fence.
(c) As a condition of the issuance of any permit under this section, the homeowner shall remain responsible for the maintenance and upkeep of the area between the fence and the street.
(8) Corner lots or lots having more than two front yards. The requirements of this section shall apply for lots with more than two front yards when the owner seeks to erect a fence to create a usable side yard, heretofore their second or third front yard. [Added 4-29-1999 by Ord. No. 1999-3]
(a) The owner may designate a front, side and rear yard in accordance with the following:
[1] If the lot contains a principal structure, the front will be considered the direction the principal structure faces. The rear yard will be considered the opposite direction from the direction the principal structure faces. The remaining front yard(s) will be considered as a side yard or yards.
[2] If the lot does not contain a principal structure, the smaller of the lot lines coexistent with street lines shall be considered as the lot frontage.
(b) Property owners who would erect a fence within the designated rear yard may do so provided that:
[1] The fence may start at the rear corner of the principal structure. A fence must be erected 20 feet from the property line, but in no event closer than 10 feet from any sidewalk.
[2] Notwithstanding the provisions of § 220-95A to the contrary, a fence permitted under this section must be a six-foot-high wooden fence known as a "shadow box" or "board on board," constructed with one-inch by four-inch boards, a PVC fence, or a Jerith fence. The wooden fence must also have a plain post. The side of the wooden fence facing the Township street must remain a natural color. However, that side may be treated so long as it is not stained in other than a natural wood color. [Amended 5-9-2002 by Ord. No. 2002-13]
[3] The area between the fence and the property line must be landscaped in a diamond pattern. The landscaping shall consist of a double row of white pine, white fir, Fraser fir, Colorado spruce, Doublas fir or Norway spruce and having a minimum size of three to four feet. The trees must be balled and burlapped. The trees shall be so located as to be 20 feet from center to center. The second row of trees shall be six feet behind the first row planted, however, in a diamond pattern. The trees shall be offset seven feet from the property line and the fence.
(c) As a condition of the issuance of any permit under this section, the homeowner shall remain responsible for the maintenance and upkeep of the area between the fence and the street.
(9) Fences not exceeding 12 feet in height for any property in a residential zone that has a side or rear yard that abuts the right-of-way of Route 18, provided that the fence may not be constructed on a berm that exceeds four feet in height, and further provided that if a fence is located on a berm that is equal to or less than four feet in height, the total height of the fence and the berm cannot exceed 16 feet in height. In addition, the following shall apply to all fences erected pursuant to this subsection: [Added 6-26-2008 by Ord. No. 2008-20]
(a) The side or rear yard fence may be erected on the side or rear lot line that abuts the right-of-way of Route 18.
(b) A side or rear yard fence permitted under this subsection must be constructed of wood, wood composite, or other solid materials that shall have the ability to absorb sound. The side or rear yard fence must also have a plain post and the side of the fence facing the highway must remain a natural color. However, the side of the fence that faces Route 18 may be treated so long as it is not stained in other than a natural wood color.
(c) If the side or rear yard fence is not erected on the lot-line that abuts the right-of-way of Route 18, then the area between the fence and the Route 18 right-of-way must be landscaped in a diamond pattern. The landscaping shall consist of a double row of White Pine, White Fir, Fraser Fir, Colorado Spruce, Fir or Norway Spruce trees having a minimum size of three feet to four feet in height. The trees must be balled and burlapped. The trees shall be so located as to be 20 feet from center to center. The second row of trees shall be six feet behind the first row planted, however, in a diamond pattern. The trees shall be offset five feet from the property line and the fence. As a condition of the issuance of any permit under this subsection, the homeowner shall remain responsible for the maintenance and upkeep of the area between the fence and right-of-way of Route 18.
(d) All side or rear yard fences erected pursuant to this section must be erected to present a uniform top height; no gaps or other variations in top height are permitted.
B. Every fence shall be maintained in a safe, sound, upright condition and shall be erected with the framework or supporting structure facing the inside of the lot.
C. All fences must be erected within the property lines, and no fence shall be erected so as to encroach upon any easement or right-of-way, unless an agreement permitting the erection of the fence is executed with the owner of the affected easement or right-of-way, and the location of the fence would otherwise conform to the Township's Zoning Ordinance and does not impair the purpose or function of the easement or right-of-way. The agreement shall contain a provision stating that if access to the affected easement or right-of-way is required, removal and replacement of the subject fence shall be at the sole expense of the owner of the fence. Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding. [Amended 5-9-2002 by Ord. No. 2002-13]
D. The following fences and fencing materials are specifically prohibited in all zone districts in the Township of Marlboro: barbed wire unless the lot is more than six acres, canvas, cloth, electric, expandable and collapsible fences.
E. If the Building Inspector, upon inspection, determines that any fence or portion of any fence is not being maintained in a safe, sound or upright condition, he shall notify the owner of such fence in writing of his findings and state briefly the reasons for such findings and order such fence or portion of such fence repaired or removed within 30 days of the date of the written notice.
F. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
G. The following requirements shall apply to fences around privately owned pools:
(1) Fences around pools shall effectively enclose pools all around. Enclosure which is partially effected by the dwelling itself shall not be deemed an adequate enclosure.
(2) Fences must be equipped with an appropriate locking device such as latch and padlock or chain and padlock, or a similarly dependable device, approve by the Building Inspector, which ensures that the gate cannot be opened except with a suitable key.
(3) Wooden fences shall be flush on the outside and nonclimbable from the outside. On chain link fences, mesh size openings (diamond or square pattern) shall not exceed 1 1/2 inches in any direction measured between parallel fabric strands. The mesh shall be a minimum of No. 9 gauge (0.148 inch in diameter) or as otherwise approved by the Building Inspector and shall be made of an approved material and coating.
(4) The fence must be properly anchored and soundly constructed so that it will withstand the following fifty-pound topple test: a fifty-pound force applied horizontally to the surface of the fence about four feet above the ground at any point along the fence should cause a deflection of not more than three inches, and the fence should elastically return to its original position following the release of the horizontal force.
H. No fence shall be constructed in any zone other than a residential zone without a zoning permit and site plan approval in accordance with the site plan regulations of the Township of Marlboro. Construction of a fence in a residential zone shall not begin until a zoning permit and a building permit have been obtained from the Township of Marlboro. [Added 5-23-1991 by Ord. No. 11-91]
