A. Wherever a central water supply system services a development, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Municipal Fire Department or Municipal Engineer and in accordance with fire insurance rating organization standards.
B. Where streams or ponds exist or are proposed on lands to be developed, facilities shall be provided to draft water for fire-fighting purposes. This shall include access to a public street suitable for use by fire-fighting equipment and construction of improvements to ponds, dams or similar on-site development where feasible. Such facilities shall be constructed to the satisfaction of the Municipal Engineer and Fire Department and in accordance with fire insurance rating organization standards.
(Also see §§ 220-147 through 220-158, regarding stormwater management, and 220-173, Public use and service areas, in this article.)
A. The purposes are:
(1) To implement the land use rules and regulations promulgated by the New Jersey Department of Environmental Protection for floodways and the flood-fringe portion of a flood hazard area.
(2) To discourage construction and regrading in flood hazard areas.
(3) To prevent encroachments into flood hazard areas which would obstruct or constrict the area through which water must pass.
(4) To prevent pollution of watercourses during low- or high-water periods by preventing the placing or storing of unsanitary or dangerous substances in the flood hazard areas.
B. The flood hazard design elevation shall be determined on an individual basis based upon stream encroachment line data from the Division of Water Resources or, in the absence of that data, the flood elevation based on a one-hundred-year storm frequency. One or the other shall be delineated on the plat. In addition, the Municipal Engineer may, upon request of and at the expense of the applicant or at the request of the approving authority and with the consent of the landowner and at the applicant's expense, determine the precise location of a floodway and flood-fringe area by close inspection, field survey or other appropriate method and cause the same to be marked on the ground and on the plat, notifying the owner, the New Jersey Department of Environmental Protection, Division of Water Resources and the approving authority. The assistance of the United States Department of Agriculture, Soil Conservation Service, and the New Jersey Department of Environmental Protection, Division of Water Resources, may be sought to aid in delineating the flood hazard design elevation, except that where state or federal agencies shall subsequently publish any reports which delineate the flood hazard design elevation of a watercourse, said report shall be the officially delineated flood hazard area as if said report were published in this chapter.
C. Any lot containing a floodway portion of a drainage course and on which it is proposed to regrade and to construct an improvement shall not be permitted unless the proposed use is permitted by this chapter, plat approval has been granted and a floodway permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources, where required by state regulations.
D. Any lot containing a flood-fringe portion of the flood hazard area and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter and until plat approval has been granted.
E. The procedure for reviewing any proposed regrading and/or construction shall be the same as set forth for plat review. No application shall be approved and no permit granted until all zoning violations have been corrected or a variance has been granted.
F. Permitted uses in a flood-fringe portion of the flood hazard area shall be restricted to the following, provided they are permitted uses in the district in which the flood-fringe portion is located:
(1) Agriculture: general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.
(2) Industrial-commercial: yards, loading areas and parking areas.
(3) Recreation: golf courses, improved courts and playing fields, swimming areas, boat launching ramps, picnic and camping, and open space uses such as hiking trails.
(4) Residential: lawns, gardens, parking areas and play areas.
G. The applicant shall submit maps, reports and other appropriate documents permitting the approving authority to evaluate whether the proposal has an inherent low flood damage potential; does not obstruct flood flows or increase flood heights and/or velocities; does not affect adversely the water-carrying capacity of any delineated floodway and/or channel; does not increase local runoff and erosion; does not unduly stress the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of groundwaters; does not require channel modification or relocation; does not require fill or the erection of structures; and does not include the storage of equipment and materials.
H. Upon reviewing the application, hearing the applicant's representation and reviewing comments received from other municipal agencies to which the application was forwarded for comment, the approving authority shall deny, approve subject to conditions or approve the application. Its conclusion shall be based on findings related to the above criteria.
All lots being filled shall be filled with clean fill and/or topsoil in such a manner as to allow complete surface draining of the lot into local storm sewer systems or natural drainage rights-of-way.
Penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, spires, cupolas, flagpoles, chimneys, water tanks or similar structures may be erected above the height limits prescribed by this chapter but in no case more than 25% more than the maximum height permitted in the district, except church spires and farm silos shall have no height restrictions.
All parking, loading and unloading areas and walkways thereto and appurtenant passageways and driveways serving commercial, public office, industrial or other similar uses having off-street parking and loading areas and building complexes requiring area lighting shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. The lighting plan in and around the parking areas shall provide for nonglare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum 0.3 footcandle anywhere in the areas to be illuminated and shall average a minimum of 0.5 footcandle over the entire area, and such lighting shall be provided by fixtures with a mounting height not to be more than 25 feet measured from the ground level to the center line of the light source or the height of the building if attached, whichever is lower, and spacing not to exceed five times the mounting height. Except for low-intensity sign and exterior building surface decorative lighting, for each fixture the total quantity of light in lumens radiated above a horizontal plane passing through the light source shall not exceed 7 1/2% of the total quantity of light in lumens emitted from the light source. Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking and ornamental light, shall be shown on the lighting plan in sufficient detail to allow determination of the effects on adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine directly into windows or onto streets and driveways in such manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, light shielding and similar characteristics shall be subject to site plan approval.
A. Lot dimensions and area shall not be less than the requirements of the zoning provisions of this chapter.
B. Insofar as is practical, side lot lines shall not deviate more than 10 from either the right angle of a straight street or the radial of a curved street.
C. Each lot must front upon an approved public street at least 50 feet in width.
D. Where extra width has been dedicated for widening of existing streets, lots shall begin at such new street line and all setbacks shall be measured from such line.
E. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions or flood conditions, where percolation tests or test borings show the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment or similar circumstances, the approving authority may, after adequate investigation, withhold approval of such lots. If approval is withheld, the approving authority shall give reasons and nature of investigation made, notify the applicant and enter same in the minutes.
F. Corner lots. Structures located on a corner lot shall be set back from both streets the required front yard distance, but in no case less than required for a clear-sight triangle, and shall meet the front yard requirements on both streets.
(1) A lot of seven or less acres existing at the time of this chapter in any district where a single-family use is permitted may be subdivided for one and only one additional lot whose frontage on a public street shall be a fifty-foot-wide access lane. Such a lot layout shall be permitted only if it will not adversely affect the development of the remaining undeveloped land. This provision shall not apply to a lot subdivided under the rural residential provisions of this chapter. The frontage shall be measured at the street line, and the side lines of the access lane shall be reasonably perpendicular to such frontage so that the access lane created is reasonably suited for construction and use as a private lane or possible development of a Township street.
(2) Both lots, exclusive of the access lane, shall meet the width, depth and area requirements of the schedule of limitations for that district in which such lots are located.
(3) In the event that an additional lot or lots shall be subdivided along such access lane, the owner of the access lane shall, at his own expense, pave and improve said private lane for its entire length in accordance with all Township standards regulating street construction and the provisions of this chapter and shall offer such road to the Township as a public street as a condition of subdivision approval. Furthermore, such road improvements shall be made and necessary subdivision approval received prior to the issuance of a building permit for the additional dwelling or dwellings.
H. Contiguous undersized lot or lots under one ownership are considered one lot.
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the final plat for minor and major subdivisions. All lot corners shall be marked with a monument or with a solid metal alloy pin of permanent character having a minimum length of four feet and minimum diameter of one inch; said markers shall be installed prior to granting of a certificate of occupancy, and installation of same shall not be included in performance or maintenance guaranties covered in § 220-30, Guaranties, inspections and developer's agreements. Lot corners marked in accordance with requirements of § 220-47A(6), Cluster development, are exempt from these lot corner marking requirements.
Natural features such as trees, brooks, swamps, hilltops and views shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees in order to enhance soil stability and the landscape treatment of the area.
[Amended 5-14-1987 by Ord. No. 17-87]
A. The Planning Board and/or the Board of Adjustment shall require, as a condition of final subdivision and site plan approval, that the developer pay his pro rate share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities and other facilities necessary for the health, safety and welfare of the public and easements therefor located outside the property limits of the development but necessitated or required by construction or improvements within such development. Such contribution for a developer's pro rata share shall be required where the off-tract improvements are to be constructed pursuant to provisions of the circulation and comprehensive utility service plans and other relevant or appropriate plans included in the Marlboro Township Master Plan. The developer shall contribute his pro rata share of the costs, except that in the case where all costs for the required improvements can be properly allocated to the developer, he may be required to install the improvement.
B. The developer shall pay the full cost or shall be required to construct off-tract improvements that are wholly necessitated by the proposed development where said improvements do not benefit any land other than the land within the subdivision or site plan.
C. The developer shall provide for payment of its pro rata share, as determined in Subsections E and F of this section of all off-tract improvements required by the Planning Board or the Board of Adjustment if such improvements are wholly or partially necessitated by the proposed development where said improvements benefit lands other than those within the subdivision or site plan.
D. The developer shall deposit with the Township a percentage of the total cost of the necessary improvements equal to the percent of benefit which said development will receive from the necessary improvements in relation to the total benefit resulting from the necessary improvement to all properties as developed or potentially developed.
E. In apportioning the benefits of off-tract improvements as between the developer and other property owners and the general public, the Planning Board shall be guided by the following factors:
(1) The increase in market values of the properties affected and any other benefits conferred.
(2) The needs created by the application.
(3) Population and land use projections for the land within the general area of the subdivision or site plan and other areas to be served by the off-tract improvements.
(4) The estimated time for construction of the off-tract improvements.
F. Without limiting the generality of the foregoing, the Planning Board may take into account the following specific factors:
(1) With respect to street widening, alignment, curbs, gutters, streetlights, sidewalks, street signs, and traffic signalization improvements, the Planning Board may consider:
(a) Traffic counts.
(b) Existing and projected traffic patterns.
(c) Quality of roads and sidewalks in the area.
(d) Such other factors as it may deem relevant to the needs created by the proposed development.
(e) Functional capacity of roads.
(f) Local bridges, county bridges and other county improvement.
(2) With respect to drainage facilities, the Planning Board or the Board of Adjustment may consider:
(a) The relationship between the areas of the subdivision or site plan and the area of the total drainage basin of which the subdivision or site plan is a part.
(b) The proposed use of land within the subdivision or site plan and the amount of land area to be covered by impervious surfaces on the land within the subdivision or site plan.
(c) The use, condition or status of the remaining land area in the drainage basin.
(3) With respect to sewerage facilities, the Planning Board may consider:
(a) Flow measurements.
(b) Projected future loadings to the system.
(c) Condition of the existing sewerage facilities.
(d) Amount of infiltration/inflow in the existing system.
(e) The use, condition or status of the remaining land in the sanitary sewer service area.
(f) The reports of the Marlboro Township Municipal Utilities Authority and the Western Monmouth Utilities Authority with regard to this proposed development.
(4) Any reports issued by the Township Council of the Township of Marlboro where the development may require the expenditure of funds by the Council or where the development requires any other action by the Township Council.
G. The Planning Board and the Board of Adjustment are authorized to retain such experts as are required to assist them in ascertaining the costs of such improvements and the developers pro rata share thereof. The developer shall pay the costs for the services of the experts and shall deposit those costs with the Township.
H. Any money received by the Township for off-tract improvements to be constructed or installed by the Township pursuant to the provisions of this section shall be deposited in a suitable depository therefor and shall be used only for the improvements for which they are deposited or improvements satisfying the same purpose. If construction of improvements for which the Township is responsible has not commenced within 10 years from the date of deposit, the amount deposited, together with any interest thereon, shall be returned to the developer or his successor in interest.
A. Carports and garages. No carports are permitted in the Township. Unless otherwise permitted by this chapter, detached single-family dwellings shall have a minimum two-car garage, attached to or detached from the principal building, having a minimum area of 400 square feet and shall provide a minimum twenty-foot-wide driveway connecting the garage to the adjacent street constructed in accordance with the requirements contained herein. Single-family dwellings located in zoning districts where one-car garages are specifically permitted shall have ten-foot minimum width driveways otherwise conforming in all respects to the requirements contained herein. [Amended 7-14-1988 by Ord. No. 32-88; 5-18-1989 by Ord. No. 12-89; 10-20-2005 by Ord. No. 2005-46]
(1) Driveways connecting public streets to two-car residential garages, where the setback does not exceed 50 feet, shall have a minimum width of 10 feet for one-car or 20 feet for two-car garages throughout their length from the sidewalk, or the curbline if there is no sidewalk, to the garage. Side entry garages shall have a minimum twelve-foot width with a minimum twenty-five-foot-by-twenty-five-foot driveway apron in front of the doors conforming to the driveway requirements in all other aspects.
(2) Driveways shall be paved with a uniform two-course pavement throughout their length and width, provided further that any driveway over 75 feet in length in the LC and/or R-80 Zoning Districts, unless a major subdivision is involved, shall only be required to be paved the first 40 feet from the street or public right-of-way, with the remaining driveway area consisting of crushed stone. The upper lift shall be bituminous concrete surface course and the lower lift shall be bituminous concrete base course. Driveways shall be substantially flush with their surroundings.
(3) The upper driveway pavement course shall consist of two inches minimum of FABC Mix 1-5 asphalt. The lower driveway course (or base course) shall consist of at least three inches of bituminous stabilized base course Mix I-2 asphalt material. This base course shall be rolled and compacted, and a tack coat shall be placed on it prior to the placement of the two-inch FABC topping. The three-inch base layer shall be placed on top of a free draining, well compacted soil subgrade which shall be of appropriate grain size distribution to support the overlying asphalt courses.
(4) If subgrade is unstable due to sponginess, wetness or unsuitability of the underlying soil, then a stone material shall be installed to adequately address this condition.
(5) The two-inch FABC surface course shall be smooth, shall not be open-grained and shall conform to the following criteria:
(a) A two-foot-long straight edge placed flat in any position on the finished asphalt driveway surface shall not protrude at any point by more than 3/8 inch from the surface. This requirement shall not apply in the strip on both sides of the driveway within eight inches from both its edges.
(6) The driveway shall be constructed in a workmanlike manner and shall be constructed in a way which would be conducive to adequate surface drainage both of the driveway itself and the surrounding area. The driveway shall be constructed in a way which would totally protect the garage from receiving surface runoff.
(7) Standards.
(a) The two-inch asphalt top (FABC) shall comply with New Jersey Department of Transportation Standard State Highway Specifications, latest edition, and all supplements thereto.
(b) The three-inch asphalt base (MABC) shall comply with New Jersey Department of Transportation Standard State Highway Specifications, latest edition, and all supplements thereto.
(c) Tack coat shall also comply with the current New Jersey Department of Transportation Standard State Highway Specifications, latest edition, and all supplements thereto.
(8) The foregoing provisions shall apply only to residential driveways.
(9) Inspection of residential driveways shall be performed by the Engineering Department, and enforcement shall be made pursuant to this chapter. Material tickets shall be provided for all pavement courses to insure compliance with the New Jersey Department of Transportation Standard Highway Specifications, latest edition, and all supplements thereto.
(10) There shall be due to the Township an inspection fee in the amount of $100 for new driveways and driveway additions that are not included as bonded improvements. This fee shall be payable to the Township prior to the inspection of the driveway. [Amended 2-17-2011 by Ord. No. 2011-1; 6-16-2011 by Ord. No. 2011-14; 2-2-2012 by Ord. No. 2012-3; 2-21-2013 by Ord. No. 2013-4]
B. Landscaping.
(1) For lots in residential zones containing other than only a single-family dwelling use, screen planting of a dense evergreen material not less than four feet in height shall be provided between off-street parking areas and any lot line or street line, such planting to be located within 15 feet of the edge of the parking areas. In lieu of screen planting, a fence of woven lattice, masonry wall, wooden louver type or split cedar fence with a maximum of three-fourths-inch spacing, or any combination of plantings, walls and fences, may be provided, and same shall be not less than four feet nor more than six feet in height, maintained in good condition and without advertising. All fences and walls shall be landscaped.
(2) A minimum of 5% of the interior of any parking area over 5,000 square feet shall be landscaped within the parking area with shrubs no higher than four feet when fully grown and/or with trees with lower branches removed so as not to cause traffic hazards. In rows of parking spaces, an area equal to at least one parking space out of every 10, or an alternate arrangement providing equal landscaped area which the Planning Board determines meets the intent of this provision, shall be provided. This landscaping is in addition to any other landscaping requirements of this chapter.
C. Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets.
D. Surfacing and curbing.
(1) Surfacing.
(a) Any parking lot and access drives shall be paved as outlined below or the equivalent as determined by the Township Engineer. All parking areas, regardless of size and location, shall be suitably drained and maintained. Areas of ingress or egress, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience similar heavy traffic shall be paved with four inches of compacted base course of plantmixed bituminous stabilized base course constructed in layers of not more than two inches in compacted thickness and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction (1961) and amendments thereto.
(b) A two-inch-thick compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 1, of the aforesaid New Jersey State Highway Department specifications and amendments thereto.
(c) Parking stall areas and other areas likely to experience similar light traffic shall be paved with three inches of compacted base course of plantmixed bituminous stabilized base course prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction (1961) and amendments thereto. A one-and-one-half-inch compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway Department specifications and amendments thereto.
(d) When subbase conditions of proposed parking area are wet, springly or of such a nature that surfacing would be inadvisable without first treating the subbase, the treatment of the subbase shall be made in the following manner: The area shall be excavated to a depth of six inches to 12 inches below the proposed finished grade and filled with suitable subbase material as determined by the Township Engineer. Where required by the Township Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material as described heretofore shall be spread thereon.
(2) Curbing.
(a) All off-street parking lots shall be provided with curbing or the equivalent so that vehicles cannot be driven onto required landscaped areas, buffer zones and street rights-of-way and so that each parking lot has controlled entrances and exits and drainage control.
(b) Curbing or wheel stops shall be located to prevent any part of the vehicle from overhanging the street right-of-way property lines or internal sidewalks. Parking spaces shall not be an extension of any street right-of-way.
(3) All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.
E. Access. Except for single-family dwellings, access points from any one lot crossing the street line shall be limited to a maximum of two means of ingress and two means of egress along the frontage of any single street, and the center lines of any separate access points shall be spaced at least 65 feet apart, and such access points shall handle no more than two lanes of traffic, be at least 150 feet from the street line of any intersecting street and be at least 40 feet from any property line. For all uses, continuous open driveways in excess of 16 feet at the street line shall be prohibited, except for nonresidential uses where driveways of more than 16 feet may be permitted with the approval of the approving authority after giving due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and traffic lane divider. For all uses, curbing shall be either depressed at the driveway or rounded at the corners and the driveway connected with the street in the same manner as another street.
F. Location, provision and maintenance of parking areas. Parking spaces shall be provided and maintained as long as the buildings and premises are used for the purposes indicated, and they may not be considered as provided unless reasonable precautions are taken to assure their use only by persons residing or employed in or visiting the building or premises for which they are provided. Required off-street parking spaces shall be on the same lot or premises as the use served regardless of the number of spaces required by this chapter. Off-street parking may occupy front, side and rear yard areas, subject to site plan approval, but shall be no closer than 20 feet to any street line. No parking of vehicles shall be permitted in fire lanes, driveways, aisles or turning areas and street rights-of-way. Nothing shall prohibit driveways for one-family dwellings from being considered one off-street parking space.
G. Type of facility. Parking spaces for nonresidential facilities may be on the surface of the ground or within underground or other garage facilities.
H. Sufficient number of spaces, access and parking space dimensions. [Amended 12-11-1986 by Ord. No. 54-86; 9-27-1990 by Ord. No. 43-90]
(1) The provision of the parking spaces required for each use shall be held to be the minimum number of spaces required, and the owner shall provide the necessary additional spaces should experience indicate that the spaces provided are inadequate. All parking spaces shall include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle. The minimum dimensions of aisles and parking stalls shall be as shown below. Where the angle of parking is different on both sides of the aisle, the larger required aisle width shall prevail. It is the intention of this chapter that perpendicular, parallel and/or angle parking are to be permitted. Each is to be used where good engineering practice, traffic circulation and safety considerations indicate.
Angle Parking Dimensions
A. Parking angle
B. Stall width
C. Stall to curb
D. Aisle width
E. Curb length per car
F. Curb to curb
G. Stall length
NOTE: Dimensions shown are for one-way aisles. Only ninety-degree parking is permitted with two-way aisles.
(2) Islands with raised curbs located between adjacent rows of angle or perpendicular parking spaces and at the ends of rows shall be installed in all parking areas consistent with good engineering practice, traffic circulation and safety and maintenance considerations and in such a number and manner as to provide the landscaping required in such parking areas by § 220-169B. It is not intended to require islands between every pair of adjacent rows of parking spaces, but rather that the islands be placed in such a manner as to discourage the hazardous cross aisle traffic movement of vehicles in other than designated pathways. The minimum dimensions of these islands shall be as shown in the following diagram. (See also § 220-97E.)
(3) Existing parking facilities are not required to revise the existing parking layout in order to install island separations and angle and/or perpendicular parking as a general requirement of this section. In specific instances, such revision may be required under § 220-97A(7) as a consequence of findings of the Township Engineer or the Division of Highway Safety of the Township Police Department.
