A. Any application for development shall demonstrate conformance to design standards that will encourage sound development patterns within the Township. Where either an Official Map or Master Plan has been adopted, the development shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds, scenic sites, historic sites and flood control basins shown on the officially adopted Master Plan or Official Map shall be considered in the approval of plats. In accordance with good design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acceptable to the approving authority. All improvements shall be installed and connected with existing facilities or installed in required locations to enable future connections with approved systems or contemplated systems and shall be adequate to handle all present and probable future development.
B. Character of the land. Land which the approving authority finds to be unsuitable for the intended lot(s) and their use due to flooding, improper drainage, steep slopes, soil conditions, adverse topography, utility easements or other features which can reasonably be expected to be harmful to the health, safety and general welfare of the present or future inhabitants of the development and/or its surrounding areas shall not be subdivided and site plans shall not be approved unless adequate and acceptable methods are formulated by the developer to solve the problems by methods meeting this chapter and all other regulations.
C. Plats straddling municipal boundaries. Whenever a development abuts or crosses a municipal boundary, access to those lots within the Township shall be from within the Township as the general rule. Whenever access to a development is required across land in an adjoining community as the exception, the approving authority may require documentation that such access is legally established and that the access road is adequately improved.
D. Development and street names. The proposed name of the development and streets shall not duplicate or too closely approximate the name of any other development or streets in the municipality. The approving authority shall have final authority to designate the name of the development and streets, which shall be determined at the sketch plat or preliminary application stage.
[Amended 5-5-2005 by Ord. No. 2005-17]
There shall be included by reference in this section all language set forth in § 220-140A through F, inclusive, except that Subsection D will now present guidelines along with an appendix which outlines the maximum area allowed for an accessory structure by zoning designation. The following regulations shall apply to all accessory buildings and structures:
A. Accessory buildings or structures as part of principal buildings. Any accessory buildings or structures attached to a principal building shall be considered part of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings or structures.
B. Accessory buildings or structures are not to be constructed prior to principal buildings. No building permit shall be issued for the construction of an accessory building or structure prior to the issuance of a building permit for the construction of the principal building upon the same premises. If construction of the principal building does not precede or coincide with the construction of the accessory building or structure, the Building Inspector shall revoke the building permit for the accessory building or structure until construction of the main building has proceeded substantially toward completion.
C. Distance between adjacent buildings or structures. The minimum distance between an accessory building or structure and any other building(s) on the same lot shall be 20 feet, except that no commercial poultry or brooder house shall be erected nearer than 400 feet to any dwelling on the same lot and no livestock shelter shall be erected nearer than 100 feet to any dwelling on the same lot or adjacent lot, and except that accessory buildings or structures other than poultry or brooder houses may be placed a minimum of 10 feet from underground structures, such as the water area of swimming pools, provided such accessory buildings or structures are a minimum of 20 feet from any aboveground principal or accessory building or structure.
D. Height and area requirements.
(1) The maximum permitted accessory structure area shall be determined by taking 25% of the square footage of the maximum principal building coverage for each zoning classification. The area of the accessory structure shall be determined in accordance with the Lot and Building Coverage Standards Table below.
(2) These requirements exclude all uncovered pervious accessory structures such as patios, water area of pools, and decks constructed 18 or more inches above the ground that are gapped to permit infiltration from the building coverage requirements, while meeting total lot coverage limitations.
(3) Except for agricultural uses, the height of any accessory structure shall not exceed 25 feet or the principal building height.
E. Location. [Amended 10-4-2007 by Ord. No. 2007-21; 6-13-2013 by Ord. No. 2013-12]
(1) Accessory buildings or structures may be erected on lots in accordance with the schedule of limitations, except that no commercial animal shelter shall be erected nearer than 500 feet, or any livestock shelter nearer than 100 feet, to any lot line, and except that these provisions shall not apply to parking spaces in front yards. If located in a front yard, accessory buildings or structures shall be set back a minimum of twice the distance from any street line than is required for a principal building. Accessory structures in second front yards shall be set back the same distance from the street line as the principal structure is required to be set back. If located on a corner lot, the provisions of this chapter also apply.
(2) The setbacks for sheds that are placed on a property as an accessory structure shall be as follows within a residential zone: [Amended 11-14-2013 by Ord. No. 2013-15]
(a) Sheds shall not be larger than 120 square feet and not taller than 11 feet in height, and shall be set back a minimum of five feet from side and rear property lines on lots which are less than 20,000 square feet in size.
(b) Sheds shall not be larger than 150 square feet and not taller than 11 feet in height, and shall be set back a minimum of five feet from side and rear property lines on lots which are equal to 20,000 square feet but equal to or less than 40,000 square feet in size.
(c) Sheds shall not be larger than 200 square feet and not taller than 11 feet in height, and shall be set back a minimum of five feet from side and rear property lines on lots greater than 40,000 square feet.
(d) Not more than one such shed shall be permitted to be placed on the property.
F. Seasonal housing. Housing provided on farms for seasonal employees shall be set back at least 300 feet from any public street, 400 feet from any property line and 500 feet from the permanent farm residence of the farm.
Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law and one or more of said individual lots should not conform to the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner shall be considered as a single lot and the provisions of the chapter shall hold. Whenever land has been dedicated or conveyed to the Township for road widening purposes by the owner of a lot existing at the time of adoption of this chapter in order to implement the Official Map or Master Plan of the Township, the Building Inspector may issue building permits and certificates of occupancy for the lot whose depth and/or area are rendered substandard because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
In all developments subject to § 220-184C or the cluster development provisions of this chapter, the approving authority may, depending on the probable volume of bicycle traffic, the development's location in relation to other populated areas, its location with respect to any overall bike route plans for the Township and county, public safety considerations and overall feasibility and practicality, require paved bike paths within the seventy-five-foot-wide dedicated land strip along existing streets. Bike paths shall be 6 1/2 feet wide, shall be constructed in accordance with the requirements for light-traffic parking areas covered by these regulations, shall have maximum grade requirements as is applicable to the street paralleled and shall be equipped with suitable regulatory signs, and where bike paths intersect streets, the curbing shall be ramped for bicycle access to the street grade.
A. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in that zoning district by the zoning provisions of this chapter and to provide for convenient access, circulation control and safety of street traffic.
B. In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkways shall be 10 feet wide and be straight from street to street.
C. Block size shall be sufficient to meet all area and yard requirements for such use.
Buffer areas are required along property, zoning district and/or street lines of all commercial lots or where said property lines or the center line of the street are also zoning district lines. Buffer areas shall comply with the following standards:
A. The buffer area shall be located in the district which requires it and shall be measured from the district boundary line or from the near street line where that street center line serves as the district boundary line.
B. Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass.
C. No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, except for access drives from public streets, directional and safety sign per each direction of traffic per access drive.
D. Buffer widths shall be established in each zoning district. The buffer area shall be planted and maintained with grass or ground cover, massed evergreens and deciduous trees and shrubs of such species and size as will produce within two growing seasons a screen of at least four feet in height and of such density as will obscure throughout the full course of the year all of the glare of automobile headlights emitted from the premises.
(1) The screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year.
(2) The screen planting shall be so placed that at maturity it will be not closer than three feet away from any street or property line.
(3) A clear-sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets. Private accessways shall maintain a sight triangle by having no plantings, gradings or structures higher than three feet above the street center line located within the street right-of-way between the edge of the paved cartway and the street right-of-way line.
(4) vehicular and pedestrian ingress and egress.
(5) required in this chapter.
E. No screen planting shall be required along streets which form district boundary lines, provided that only the front of any proposed building shall be visible from the adjacent residential district.
F. In addition to the buffer areas otherwise required by this chapter, buffer areas are required along lot and street lines of all residential lots within any major subdivision of five acres or more where such property lines or the center lines of such adjacent streets abut a farm. The minimum width of such buffer areas shall be the greater of 25 feet or the width otherwise required for buffers within that zone. It is the intent of this section to shift the burden of providing buffers and separation between agricultural and residential uses to such residential uses to the extent reasonable and practicable. [Added 2-16-2006 by Ord. No. 2006-1]
Nothing in this chapter shall require any change in a building permit, site plan or zoning variance which was approved before the enactment of this chapter but is in violation of this chapter, provided that construction based on such a building permit shall have been started within one year following the effective date of this chapter and, in the case of a site plan or variance, a building permit shall have been issued within one year following the effective date of this chapter and in all instances the project shall be continuously pursued to completion, otherwise said approvals and permits shall be void. The approving authority may extend these time intervals for good cause.
A. All curbs, where required, shall be granite curb, also known as "Belgian block." Construction of curbing shall be in accordance with Item 8.5-28 in the Standard Specifications for Road and Bridge Construction, New Jersey State Highway Department 1961, except as modified by the specifications and notes in Subsection C below and as further modified by concrete quality requirements per said Subsection C. A preformed bituminous expansion joint filler 1/2 inch thick and conforming to current New Jersey Department of Transportation standards shall be installed approximately every 30 feet.
B. All curbing shall conform to the specifications below, labeled "Standard Detail for Construction of Granite (Belgian Block) Curb."
Granite (Belgian) Block Curb § 220-146B
C. Material for curbs, sidewalks and other concrete structures. Regarding curbs, sidewalks, headwalls and any other concrete structures (except pipe, which is referred to elsewhere), the following specifications shall apply to ensure concrete material strength and durability:
(1) Cement shall be Type 1 and shall conform to ASTM C150.
(2) The developer or his contractor shall provide the Township upon request with an original "ticket" showing concrete mix proportions per cubic yard (cement and type of cement, fine aggregate, coarse aggregate, additives, water and slump criteria) for all truckloads delivered to the site.
(3) No calcium chloride or other accelerators will be permitted in the mix.
(4) An air-entrainment admixture will be required in all concrete so as to produce a minimum air content of 4% and a maximum of 8%.
(5) The developer will cooperate with the taking, on the part of the Township, of appropriate concrete samples and/or tests as deemed necessary by the Township. All sampling and testing will be performed by the Township.
(6) No water may be added to the concrete mix after samples are taken or tests made.
(7) Concrete unacceptable to the Township will be rejected. Rejection could occur in the course of inspection of the field placement activity, or thereafter, if test results or quality criteria are deemed by the Township to be unacceptable, based on available information. Rejected concrete must be removed and replaced with acceptable concrete.
(8) Concrete materials and workmanship shall comply with applicable ASTM and ACI standards.
(9) Concrete strength shall be as follows (pounds per square inch minimum after 28 days):
(a) Sidewalks: 3,000.
(b) Concrete for Belgian block (granite) curb: 4,500.
(c) All other (headwalls, etc.): 3,500.
[Amended 11-13-1986 by Ord. No. 45-86; 6-8-1989 by Ord. No. 27-89; 4-19-1990 by Ord. No. 16-90; 9-27-1990 by Ord. No. 49-90; 12-2-1993 by Ord. No. 58-93; 12-14-1993 by Ord. No. 67-93; 5-12-1994 by Ord. No. 12-94; 10-19-2006 by Ord. No. 2006-35; 12-18-2008 by Ord. No. 2008-41]
A. Policy statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low-impact techniques shall be explored before relying on structural BMPs. Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
B. Purpose. It is the purpose of §§ 220-147 through 220-158 to establish minimum stormwater management requirements and controls for major development, as defined in § 220-148.
C. Applicability.
(1) Sections 220-147 through 220-158 shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
(a) Nonresidential major developments; and
(b) Aspects of residential major developments that are not regulated by the Residential Site Improvement Standards at N.J.A.C. 5:21.
(2) Sections 220-147 through 220-158 shall also be applicable to all major developments undertaken by Township of Marlboro.
D. Compatibility with other permit and ordinance requirements. Development approvals issued for subdivisions and site plans pursuant to §§ 220-147 through 220-158 are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of §§ 220-147 through 220-158 shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. Sections 220-147 through 220-158 are not intended to interfere with or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of these sections imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall apply.
[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No. 2008-41]
Unless specifically defined below, words or phrases used in §§ 220-147 through 220-158 shall be interpreted so as to give them the meaning they have in common usage and to give §§ 220-147 through 220-158 its most reasonable application. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
AGRICULTURAL DEVELOPMENT Land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.
CORE A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY An agency designated by the County Board of Chosen Freeholders to review the Township of Marlboro's stormwater management plans and implementing ordinance(s). The county review agency may either be:
A. A county planning agency; or
B. A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT The New Jersey Department of Environmental Protection.
DESIGN ENGINEER A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DEVELOPMENT The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, "development" means any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DRAINAGE AREA A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
ENVIRONMENTALLY CRITICAL AREA An area or feature which is of significant environmental value, including but not limited to stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EROSION The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
FLOOD HAZARD AREA Area of potential risk due to sudden and temporary increase of surface water flow due to a storm event, typically, the one-hundred-year storm.
IMPERVIOUS SURFACE A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION The process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT Any development that provides for ultimately disturbing one or more acres of land or results in a net increase of 1/4 acre or more of impervious surface. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MITIGATION An action by an applicant providing compensation or offset actions for on-site stormwater management requirements where the applicant has demonstrated the inability or impracticability of strict compliance with the stormwater management requirements set forth in N.J.A.C. 7:8, in an adopted regional stormwater management plan, or in 220-147 through 220-158, and has received a waiver from strict compliance from the municipality. Mitigation, for the purposes of §§ 220-147 through 220-158, includes both the mitigation plan, detailing how the project's applicant's failure to strictly comply will be compensated, and the implementation of the approved mitigation plan within the same HUC-14 subwatershed within which the subject project is proposed (if possible and practical), or a contribution of funding toward a regional stormwater management plan, or provision for equivalent treatment at an alternative location, or other equivalent water quality benefit.
MUNICIPALITY Marlboro Township.
NODE An area designated by the State Planning Commission concentrating facilities and activities that are not organized in a compact form.
NUTRIENT A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON Any individual, corporation, company, partnership, firm, association, the Township of Marlboro or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works.
POLLUTANT Includes both hazardous and nonhazardous pollutants.
RECHARGE The volume of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE The lot or lots upon which a development is to occur or has occurred.
SOIL All unconsolidated mineral and organic material of any origin.
SOLID AND FLOATABLE MATERIALS Sediment, debris, trash, and other floating, suspended, or settleable solids.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1) An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
STORMWATER RUNOFF Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIME OF CONCENTRATION The time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed.
TOTAL SUSPENDED SOILS The sum of dissolved and undisolved solids and particulate matter of a buoyancy and/or specific gravity that prohibits their settling in runoff.
WATERS OF THE STATE The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS OR WETLAND An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
