A. For the purposes of this chapter, the Township of Marlboro is divided into the following districts: [Amended 2-16-1989 by Ord. No. 1-89; 11-29-1990 by Ord. No. 56-90; 12-13-1990 by Ord. No. 63-90; 1-24-1991 by Ord. No. 64-90; 4-30-1992 by Ord. No. 7-92; 11-24-1992 by Ord. No. 40-92]
LC Land Conservation District
R-80 Residential District
R-60 Residential District
R-60/40 Residential District
R-40/30 Residential District
R-60/15 Residential District [Added 2-23-1995 by Ord. No. 1-95]
R-40AH Residential District [Added 5-14-1998 by Ord. No. 9-98]
R-40GAH Residential District [Added 5-14-1998 by Ord. No. 9-98]
R-30 Residential District
R-30/20 Residential District [Added 5-13-1999 by Ord. No. 1999-12]
R-25 Residential District
R-20 Residential District
R-1.5 Residential District
R-20/15 Residential District [Added 4-25-1996 by Ord. No. 12-96]
R-20AH-1 Residential District [Added 5-14-1998 by Ord. No. 9-98]
R-20AH-2 Residential District [Added 5-14-1998 by Ord. No. 9-98]
R-10AH Residential District [Added 12-3-1998 by Ord. No. 13-98]
FRD Residential District
FSC Residential District
RSC Residential District
THD Township District
MHD Mobile Home Park District
MHD-II Mobile Home Park District
MFD Multifamily District
MFD-I Multifamily District
MFD-II Multifamily District
MFD-III Multifamily District [Added 12-10-2009 by Ord. No. 2009-35]
MFD-IV Multifamily District [Added 2-12-2009 by Ord. No. 2009-3]
SCMFD-I Multifamily District [Added 4-4-2000 by Ord. No. 2000-7]
SCMFD-II Senior Citizen Multifamily District II [Added 12-7-2000 by Ord. No. 2000-8]
MFPHD Multifamily/Patio Home District [Added 12-7-2000 by Ord. No. 2000-23]
PAC Residential District
PAC-II Residential District
PAC-III Residential District [Added 12-2-1999 by Ord. No. 1999-43]
RSCS Residential District
OPT-1 Office Transitional District
OPT-2 Office Transitional District
OPT-3 Office Transitional District
SCPR Residential District [Added 9-9-1993 by Ord. No. 44-93]
SCPR-II Residential District [Added 8-19-1999 by Ord. No. 1999-29]
CS Commercial Service District
C-1 Village Commercial District
C-2 Neighborhood Commercial District
C-3 Community Commercial District
C-4 Regional Commercial District
C-5 Community Commercial District II [Added 8-11-2005 by Ord. No. 2005-26]
CIR Commercial-Industrial-Research District
IOR Industrial-Office-Research District
LI Light Industrial District
MZ Municipal Zone
A/LC Agriculture/Land Conservation District [Added 5-25-1995 by Ord. No. 9-95]
AHA Airport Hazard Area District
B. Zoning Map.
(1) The boundary of all zoning districts set forth in this chapter shall be shown on a map dated January 24, 1991, as amended, and entitled "Zoning Map of the Township of Marlboro." Such map is hereby made a part of this chapter. [Amended 9-28-1989 by Ord. No. 45-89; 11-29-1990 by Ord. No. 57-90; 12-13-1990 by Ord. No. 63-90; 1-24-1991 by Ord. No. 64-90; 4-25-1991 by Ord. No. 10-91; 10-24-1991 by Ord. No. 39-91; 7-16-1992 by Ord. No. 20-92; 11-24-1992 by Ord. No. 40-92; 9-8-1994 by Ord. No. 18-94; 4-25-1996 by Ord. No. 12-96; 5-14-1998 by Ord. No. 9-98; 12-3-1998 by Ord. No. 13-98; 5-13-1999 by Ord. No. 1999-10; 5-13-1999 by Ord. No. 1999-12; 5-27-1999 by Ord. No. 1999-14; 8-19-1999 by Ord. No. 1999-29; 12-2-1999 by Ord. No. 1999-43; 3-9-2000 by Ord. No. 2000-3; 5-11-2000 by Ord. No. 2000-4; 5-11-2000 by Ord. No. 2000-5; 4-4-2000 by Ord. No. 2000-7; 12-7-2000 by Ord. No. 2000-8; 12-7-2000 by Ord. No. 2000-33; 6-27-2002 by Ord. No. 2002-16; 10-10-2002 by Ord. No. 2002-25; 7-14-2005 by Ord. No. 2005-25; 8-11-2005 by Ord. No. 2005-26; 7-14-2005 by Ord. No. 2005-27; 9-8-2005 by Ord. No. 2005-28; 7-14-2005 by Ord. No. 2005-29; 8-11-2005 by Ord. No. 2005-30; 8-11-2005 by Ord. No. 2005-32; 8-11-2005 by Ord. No. 2005-33; 7-25-2006 by Ord. No. 2006-15; 10-19-2006 by Ord. No. 2006-32; 7-12-2007 by Ord. No. 2007-14; 2-12-2009 by Ord. No. 2009-3; 9-30-2009 by Ord. No. 2009-2; 10-15-2009 by Ord. No. 2009-32; 6-13-2013 by Ord. No. 2013-12; 3-6-2014 by Ord. No. 2014-7]
(2) Grandfathering clause. [Added 7-25-2006 by Ord. No. 2006-15; amended 6-13-2013 by Ord. No. 2013-12]
(a) The requirements of the LC Land Conservation District shall not apply to any property referenced in Ordinance No. 2006-15 that maintains a single-family residential structure, as of the effective date of said ordinance, that is in full compliance with the requirements of the R-80 Residential District and any other applicable state and Township laws and requirements, provided that said property would not be further subdivided. Should such an application to subdivide come forward, the applicant would then be required to meet the zoning standards established for the LC Land Conservation District. In all other instances, the zoning standards in place for the R-80 Residential District would apply.
(b) In the event that a property has been part of a previously approved residential subdivision in which some, but not all, of the approved lots have been developed and have dwellings constructed on them and if such development has been rezoned subsequent to the subdivision approval, then vacant lots within the existing or approved subdivision(s) may be developed in accordance with the same approvals issued to the original subdivision under the former zoning requirements. This provision shall not be applicable to any remnant lot in undeveloped areas that may be subject to further subdivision, or whose development as a single-family residential lot was not approved as part of the subdivision approval under the applicable former zoning.
C. Designation of zone boundaries. The zone boundary lines are intended generally to follow the center lines of streets, the center lines of railroad rights-of-way, existing lot lines, the center lines of rivers, streams and other waterways or municipal boundary lines, all as shown on the Zoning Map; but where a zone boundary line does not follow such a line, its position is shown on said Zoning Map by a specific dimension expressing its distance in feet from a street line or other boundary line as indicated.
(1) Boundary line.
(a) Where such boundaries are not fixed by dimensions and where they approximately follow ten-foot lines and where they do not scale more than 10 feet distant therefrom, such ten-foot lines shall be construed to be such boundaries unless specifically shown otherwise.
(b) In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.
(2) Division of a lot in single ownership. Where a district boundary line divides one or more lots which are in a single ownership at the time of the passage of this chapter, any use authorized in either district on such lot or lots may extend not more than 50 feet beyond the boundary line of the district in which such use is authorized. The use so extended shall be deemed to be conforming.
(3) Vacation of streets or other public ways. Where a vacated right-of-way is bounded on either side by more than one district, the former center line of such right-of-way becomes the new district line.
D. Schedule of Area, Yard and Building Requirements. The Schedule of Area, Yard and Building Requirements, as amended, is included at the end of this chapter and cited as § 220-34D. [Amended 2-16-1989 by Ord. No. 1-89; 12-13-1990 by Ord. No. 63-90; 1-24-1991 by Ord. No. 64-90; 10-22-1992 by Ord. No. 37-92; 12-10-2009 by Ord. No. 2009-35]
E. Mount Laurel settlement. Nothing in this Code shall be deemed to affect or modify the terms and conditions of the consent order for final judgment in a consolidated lawsuit captioned "Michael Kaplan, et al., Plaintiff, v. the Township of Marlboro, et al., Defendants," bearing lead Docket No. L-039595-84, and executed by the Honorable Eugene D. Serpentelli on December 24, 1985, with respect to properties covered by the order, as the order may be modified from time to time by further order of the Superior Court. [Added 10-13-1988 by Ord. No. 54-88]
F. First Property Group, Inc., settlement. Nothing in this Code shall be deemed to affect or modify the terms and conditions of the consent order approving the settlement in a lawsuit captioned "First Property Group, Inc., a Corporation of the State of New Jersey and Bess Weisenfeld, Plaintiffs, vs. Zoning Board of Adjustment of Marlboro Township, et al., Defendants," bearing Docket No. L7451-87E with respect to properties covered by the order. [Added 5-18-1989 by Ord. No. 14-89]
G. Ryan Meadows Associates settlement. Nothing in this Code shall be deemed to affect or modify the terms and conditions of the consent order for dismissal on terms and conditions in a lawsuit captioned "Ryan Meadows Associates, Plaintiff, vs. Township Council of the Township of Marlboro, Defendant," bearing Docket No. L-52705-85 P.W. with respect to properties covered by the order. [Added 5-18-1989 by Ord. No. 14-89]
H. Pioneer Partners Associates settlement. Nothing in this Code shall be deemed to affect or modify the terms and conditions of the consent order for dismissal on terms and conditions in a lawsuit captioned "Pioneer Partners, a New Jersey Partnership, Plaintiff v. Township of Marlboro, a Municipal Corporation of New Jersey," bearing Docket No. L-56398-89 and "Pioneer Partners, a New Jersey Partnership, Plaintiff v. Township of Marlboro, a Municipal Corporation of the State of New Jersey, Mayor and Council of the Township of Marlboro and Planning Board of the Township of Marlboro," bearing Docket No. L-57122-88 with respect to properties covered by the order. Property to be conveyed to the municipality shall be considered zoned Municipal Zone. [Added 4-25-1991 by Ord. No. 10-91]
A. Provisions of existing ordinances. Any restrictions or requirements with respect to buildings or land which appear in other ordinances of the Township of Marlboro or are established by law and which are greater than those set forth herein shall take precedence over the provisions of this chapter.
B. Application of regulations. Except as hereinafter otherwise provided:
(1) No building shall be erected and no existing building shall be moved, altered, added to or enlarged nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the zone in which such building or land is located.
(2) No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located.
(3) No building shall be erected and no existing building shall be altered, enlarged or rebuilt nor shall any open space surrounding any building be encroached upon or reduced in any manner except in conformity with the yard, lot area and building location regulations hereinafter designated for the zone in which such building or open space is located. In the event any of such unlawful encroachment or reduction occurs, such building or use shall be deemed to be in violation of this chapter and the certificate of occupancy shall become void.
(4) No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
(5) No off-street parking area, loading or unloading area provided to meet the minimum off-street parking, loading or unloading area requirements for one use or structure shall be considered as providing off-street parking, loading or unloading area for a use or structure on any other lot, unless specifically permitted elsewhere in this chapter.
(6) No parcel utilized for single-family dwelling purposes shall contain more than one principal building.
C. Permitted modifications and exceptions.
(1) Height limits. Height limitations in §§ 220-47 through 220-93 of this chapter shall not apply to chimneys, church spires, gables, silos, belfries, domes, ventilators, skylights, parapets, cupolas, standpipes, flagpoles, monuments, transmission towers, radio and television antennas, cables, water tanks and conditioners and similar structures and necessary mechanical appurtenances for the zone in which the building is located, provided that no such exception shall cover at any level more than 10% of the area of the roof or ground on which it is located. Public and quasi-public buildings, schools, churches and other similar permitted uses shall increase the front, rear and side yards one foot for each foot by which the building exceeds the height limit herein established for such zone in which it is located, but in no case shall any building have a height exceeding 50 feet unless elsewhere provided in this chapter.
(a) Freestanding aerials or antennas shall be located or placed in the rear yard and shall be not more than 15 feet higher than the highest building within a radius of 500 feet, and if the aerial or antenna is more than 20 feet in height, it shall be built to withstand winds up to 100 miles per hour.
(b) Aerials or antennas attached to or on a building shall extend no more than 15 feet above the highest building within a radius of 500 feet, and if the aerial or antenna extends more than 20 feet above the point of attachment, it shall be so constructed as to be able to withstand winds up to 100 miles per hour.
(c) Freestanding flagpoles may be erected or placed in any yard, and if the pole is more than 20 feet in height, it shall be so built as to be able to withstand winds up to 100 miles per hour.
(d) Satellite antennas shall comply with the following requirements: [Added 3-20-1986 by Ord. No. 3-86]
[1] Satellite antennas shall be deemed accessory buildings and, except where an unreasonable interference with satellite signal reception will result, shall be subject to all the provisions and restrictions, including issuance of a building permit, applicable to accessory buildings generally and in the respective zone district in which the same may be located. It shall be the burden of the applicant to prove the existence of an unreasonable interference with satellite signal reception by demonstrating such interference to the Zoning Officer. [Amended 9-24-1992 by Ord. No. 11-92]
[2] No satellite antenna shall exceed 12 feet in height, nor shall the dish or other receiving device exceed 12 feet in diameter or cross section when measured at its widest points. Height measurements shall be made from the base or mount of the antenna. [Amended 6-13-1986 by Ord. No. 21-86; 9-24-1992 by Ord. No. 11-92]
[3] No satellite antenna may be placed on any rooftop or other part of a building or structure in any zone, unless an unreasonable interference with satellite signal reception will result from placement elsewhere. It shall be the burden of the applicant to prove the existence of an unreasonable interference with satellite signal reception by demonstrating such interference to the Zoning Officer. [Amended 9-24-1992 by Ord. No. 11-92]
[4] Every satellite antenna shall be reasonably screened to minimize the view of the antenna from public thoroughfares and ground levels of adjacent properties, unless said screening shall cause an unreasonable interference with satellite signal reception. Screening may consist of trellises, latticework, decorative blocks or natural plants, shrubs or trees which shall, in the judgment of the Zoning Officer, be of sufficient density and opacity to provide adequate screening in compliance with the intention of this subsection, without unreasonably interfering with reception. This shall be a continuing requirement, and such screening shall be maintained as originally approved. It shall be the burden of the applicant to prove the existence of an unreasonable interference with satellite signal reception by demonstrating such interference to the Zoning Officer. [Amended 9-24-1992 by Ord. No. 11-92]
[5] The satellite antenna shall be designed for use by residents of the main building only, and no lot may contain more than one dish antenna.
[6] No satellite antenna, including its mount, shall be built, erected or modified until a permit is issued by the Building Inspector. Any person applying for such a permit shall furnish to the Building Inspector such plans, drawings and specifications as he may reasonably require as to the satellite antenna to be erected and shall pay a fee of $35 with said application.
[7] All satellite antennas shall be designed in conformance with the American National Standards Institute Standard A58.1, American National Standard Building Code requirements for minimum design loads in buildings and other structures, and the Electronics Industry Association Standard RS-411, Electrical and Mechanical Characteristics of Antennas for Satellite Earth Stations, or any modification or successors to said standards, as well as any other construction or performance standards, rules and regulations of any governmental entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission. A certificate of conformance with the aforesaid standards by the manufacturer's professional personnel or such other professional as may be deemed appropriate by the Building Inspector shall be submitted to the Building Inspector as a condition of the issuance of the building permit required by this section. The codes and standards referred to herein shall be for reference purposes only. [Amended 6-13-1986 by Ord. No. 21-86]
(2) Undersized lots of record. Any parcel of land with an area or width less than that prescribed for a lot in the zone in which such lot is located, which parcel was under one ownership at the date of the adoption of this chapter and the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone, provided that the minimum area requirements for such lot shall be 10,000 square feet of lot size and 70 feet of lot width; further provided that the minimum side yard area for any building shall be no less than 10 feet, and further provided that all other regulations prescribed for the zone by this chapter are complied with. Lots which are not of the required minimum area or width may be used for any purpose permitted in the zone in which they are located if such lots were included in a subdivision plat which was either duly approved under the Municipal Planning Act of 1953 prior to the effective date of this chapter but subsequent to January 1, 1954 (the effective date of such Act), or granted tentative approval under said Act prior to the effective date of this chapter and granted final approval after the effective date of this chapter but within three years from the date of such tentative approval, and provided further that the final subdivision plat in either instance shall have been duly recorded in the office of the County Clerk within the time required by law.
(3) Irregularly shaped lots.
(a) In the case of irregularly shaped lots, the minimum lot width may be measured at the building line, provided that in no case shall the lot frontage be less than 75% of the minimum lot width requirement.
(b) Lots on culs-de-sac. In the case of an irregularly shaped lot that results from fronting on a cul-de-sac, the minimum lot width shall be measured at the building setback line, provided that in no case shall the lot frontage be less than 75% of the minimum lot width requirement. [Added 5-23-1991 by Ord. No. 9-91]
(4) Yards. Open fire escapes may not project more than five feet into any side or rear yard in a residential zone. A paved terrace at ground level shall not be considered in the determination of side or rear yard sizes or lot coverage; provided, however, that such terrace is unroofed and without walls, parapets or other form of enclosure. No paved terrace shall be permitted closer than five feet to any side or rear property line.
(5) Construction offices: trailers. A permit may be issued by the Building Inspector upon the application of the owner, contractor or subcontractor for permission to use transportable or wheeled offices on any premises for the exclusive use of personnel actually engaged in the construction of any structures on said premises and for the storage of tools, material and equipment, provided that a zoning and building permit for said construction has been previously issued and is still in force, and provided further that said offices shall not be used as sleeping or living quarters or for any purpose other than construction. Said permit shall expire six months from the date of issuance but upon application may be renewed for two additional six-month periods by the Building Inspector at no additional fee upon satisfactory proof that construction is still in progress. Upon application for said permit, a fee of $25 shall be paid.
D. Other general provisions.
(1) Preservation of natural features.
(a) No structure shall be built within 100 feet of the top of the bank of a stream or other body of water or within any drainage or conservation easement, and no fence shall be constructed on a conservation easement. No building shall be constructed within the one-hundred-year floodplain of any stream or watercourse, or on land subject to periodic overflow, or on land which has a water table within two feet from the bottom of the structure's lowest footing or slab, whichever is lowest.
(b) No person, firm or corporation shall strip, excavate or otherwise remove topsoil for any reason, except the following:
[2] In connection with the construction or alteration of a building on the subdivision or site from which taken and excavating or grading incidental thereto.
(c) Existing natural features, such as trees, shrubs, brooks, drainage channels and view, shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum of such features consistent with the use of the property shall be required, at the discretion of the Planning Board.
(2) Solid waste disposal. The dumping of refuse, waste material or other substances is prohibited in all districts within the Township, with the exception of designated landfill sites. Only inorganic matter may be used for the purpose of fill in order to establish grades.
(3) Storage of materials. No person shall store materials of any kind on the premises in any district except for the construction of a structure to be erected on the premises, unless specifically permitted elsewhere in this chapter.
(4) Appearance of buildings.
(a) Within any residential district, no building shall be constructed or altered so as to be inharmonious with the residential character of adjacent structures.
(b) The following types of construction, but not limited to the following, shall not be considered to be residential in character: storefront types of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles) and unfinished concrete block or cinder block wall surfaces.
(5) Building frontage on street. Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Township's requirements or for which such improvements have been ensured by the posting of a performance guaranty pursuant to the land subdivision provisions of this chapter, unless relief has been granted by the Board of Adjustment under the provisions of N.J.S.A. 40:55D-72.
(6) Front yard measurement on road to be widened. Where a building lot has frontage on a street which the Master Plan or the Official Map of the Township indicates is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
(7) Front yard setbacks. All yards facing on a public street shall conform to the minimum front yard setback requirements for the zone in which located. Corner lots shall provide the minimum front yard setback requirements for the respective zone for both intersecting streets, for both principal and accessory buildings.
(8) Storage in front yard. No front yard shall be used for open storage of boats, vehicles or any other equipment, except for vehicular parking on driveways. All open storage areas shall be properly landscaped.
(9) Accessory buildings. An accessory building attached to a principal building shall comply in all respects with the yard requirements of the zoning provisions of this chapter for the principal building. Detached accessory buildings shall be located in other than a front yard, and if located in a side yard, shall conform to side yard requirements of such zoning provisions.
(10) Private garages. All single-family dwellings for which a certificate of occupancy shall be issued on or after January 1, 1974, shall be required to provide a private garage on the lot large enough to accommodate one full-size American passenger vehicle.
(11) Street closures. Whenever any street, alley or other public way is vacated by official action of the governing body, the zoning district shall be automatically extended to the center of such vacated public way, and all area included in the vacated area in question shall be subject to all appropriate regulations of the extended districts.
(12) Essential services. The provisions of this chapter shall not apply to customary underground essential services, except that all facilities such as pumping stations, repeater stations and electric substations which require a structure above grade shall require a special use permit subject to the provisions of § 220-106 of this chapter.
(13) Display by business. Business structures or uses shall not display goods for sale purposes or place coin-operated vending machines of any type beyond three feet of the structure in which such business activity is carried on.
(14) Single-zone requirement. On any lot, all yards, open spaces, off-street parking and landscaping for a permitted building or use must be contained within one zone.
(15) Farms. Farms, as defined in § 220-4 of this chapter, shall be permitted in all zone districts (whether or not farms or agriculture are explicitly permitted uses), in accordance with § 220-36 and the setback requirements of the zone. Any required setback may be reduced by the width of any agricultural buffer which has been required pursuant to § 220-144F of this chapter. [Added 2-16-2006 by Ord. No. 2006-1]
(16) Gardening. The raising of vegetables and fruits for personal use, but not for sale, shall be permitted on any lot in any zone, provided that no such vegetables or fruits may be grown in the required front yard area.
(17) Cattle and horses. The raising of cattle and horses shall be permitted on any farm, provided that there shall be an open area of at least 10,000 square feet for each head of livestock and such open areas shall not be located closer than 50 feet to any property line unless the gross area of the property contains more than six acres.
(18) Chickens. The raising of chickens shall be permitted on any farm, provided that the area utilized for such chickens is no closer than 100 feet to any property line.
(19) Horses. The keeping of horses for personal pleasure or use shall be permitted for single-family residential structures, provided that:
(a) There shall be not more than two horses located on any residential property.
(b) There shall be an aggregate open area equal to not less than 40,000 square feet for each horse on the property.
(c) Such open area shall not be located closer than 50 feet to any property line unless the gross area of the property contains more than six acres.
(d) Buildings for the quartering of horses shall not be located closer than 100 feet to any property line except on a lot of six or more acres, where the building may be located within 25 feet of the side or rear line, provided there is no residential structure within 100 feet of the property line.
(20) Underground utility line installation. All utility lines and accessory appurtenances, including but not limited to electric transmission and distribution communications, streetlighting and cable television, shall be installed underground within easements or dedicated public rights-of-way. The developer, builder or owner shall arrange with the serving utility for the underground installation of the utility's distribution lines and service connections in accordance with the provision of the applicable standard terms and conditions of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners and shall submit to the Planning Board prior to the granting of approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this section; provided, however, that lots which abut existing easements or public rights-of-way where overhead utility lines have theretofore been installed may be supplied with service from such overhead lines if no new utility poles are required. In any event, all new building service connections shall be installed underground. Wherever the utility is not installed in the public right-of-way, an appropriate utility easement not less than 25 feet in width shall be provided. For a single lot where overhead electric service is available, such service may be continued by one additional pole, then underground from the pole to the service connection.
(21) Water and sewer requirements. Notwithstanding any other provisions of this chapter, the minimum lot area for any single-family detached dwelling not served by public water and sanitary sewers shall be 60,000 square feet.
(22) Septic tanks, cesspools and wells. Subject to regulations by the Township of Marlboro Board of Health, in all zones no septic tank or cesspool or septic tank tile field or part thereof shall be constructed closer to any property line than 20 feet or closer to any well than 75 feet, and no well shall be located closer to any property line than 20 feet or closer to any septic tank, cesspool or septic tank file field or part thereof than 75 feet, and no tile field or other facility for the disposal of sewage shall in any case be allowed the top of which is less than two feet below the existing grade line. All facilities for the disposal of sewage shall be covered with not less than two feet of earth or similar material.
(23) Trailer and boat storage. The outdoor storage of an unoccupied travel trailer, camper or small boat shall be permitted on single-family properties, provided that:
(a) Such storage shall not be located in any required front yard or closer than 10 feet to any side or rear lot line.
(b) Travel trailer, camper or small boat shall not exceed 25 feet in length and eight feet in width.
(c) Only one such travel trailer or camper and one small boat shall be permitted to be stored outdoors at any single-family residence.
(d) The storage of a travel trailer, camper or small boat shall not be permitted if its condition is such as to cause a public nuisance.
(24) Grading and clearing. The erection of a structure on a lot, the clearing of less than 10 trees or the alteration of the existing grade on a lot smaller than two acres shall be in accordance with a plan approved by the Township Engineer or his representative and shall meet the requirements set forth in Subsection D(24)(a) through (i), inclusive. The clearing of 10 trees or more or the alteration of the existing grade on a lot of two acres or more shall be in accordance with a plan approved by the Planning Board and shall meet the requirements set forth in Subsection D(24)(a) through (i), inclusive. This provision shall not apply to clearing and grading necessary for the construction of one single-family house unless that construction is incidental to an application that is otherwise before the Planning Board or the Zoning Board of Adjustment.
(a) Where possible, land shall be graded so that all stormwater runoff from each lot shall drain directly to the street. If impossible to drain directly to the street, it shall be drained to a system of interior yard drainage designed in accordance with the requirements of the subdivision provisions or as otherwise required by the Township Engineer.
(b) No tree located on a lot having a caliper of more than nine inches measured at a height of 12 inches from the finished or existing grade level shall be removed unless such removal is approved by the Municipal Engineer and a grading and clearing permit is issued. [Amended 7-20-1989 by Ord. No. 28-89]
[1] All trees to be saved should be clearly tagged and inspected by a landscape architect, and the clearing limit line should be delineated by a snow fence prior to the issuance of the permit for clearing and grading.
[2] For each tree over nine inches in caliper that is removed, the applicant shall prepare a replanting scheme on other treeless portions of the property to compensate the clearing and grading of the tree area where that was necessitated by the site plan or unless otherwise provided in accordance with the requirements of an approved site plan or preliminary subdivisions.
[3] The Municipal Engineer shall also require that if the site to be cleared does not permit the replanting of the trees that are to be cut down on the site, an off-site tract may be selected for such replanting, and a replanting plan shall be prepared by the applicant. All trees and the types of trees and the method of planting shall be in accordance with § 220-177, Shade trees, of this chapter of the Code of the Township of Marlboro.
[4] In lieu of the replanting requirement specified in § 220-35D(24)(b)[3] above, the applicant shall pay the sum of $250 for each tree not replanted into a dedicated Township account designated "the Marlboro Township Tree Bank Account." Any funds deposited in said account shall be utilized by the Township for the express purpose of planting trees at sites and locations to be determined by the Township Engineer, upon proper authorization from the governing body. [Added 11-9-2000 by Ord. No. 2000-26]
(c) Unless otherwise required by the Township Engineer, all tree stumps, masonry and other obstructions shall be removed to a depth of two feet below existing or finished grade, whichever is lower.
(d) The minimum slope for lawns shall be 3/4%, and for smooth, hard-finished surfaces other than roadways, 4/10 of 1%.
(e) The maximum grade for lawns within five feet of a building shall be 10%, and for lawns more than five feet from a building, 25%.
(f) In the event that a permit fee has not been paid as required by § 220-126F, then a permit fee and an escrow fee shall be paid pursuant to this section in the same amounts as contained in § 220-126F(3) and the escrow schedule for grading and clearing permits. [Added 8-17-1989 by Ord. No. 42-89]
(g) The Township's requirements on retaining walls shall include the following: [Amended 1-15-1987 by Ord. No. 56-86; 3-23-1995 by Ord. No. 10-95]
[1] Engineering drawings and material certification must be obtained prior to the start of construction on any retaining wall (over 2 1/2 feet high at its highest point) which was not specifically shown in detail on preliminary drawings.
[2] For all retaining walls over 2 1/2 feet, a material certification is required in any event, even in the cases where the wall was shown on the plans. The certification requirements are outlined in Subsection D(24)(h) below.
[3] Retaining walls less than 2 1/2 feet tall (at their highest point) are considered landscaping components and require drawings and certification if located at a distance less than twice their height from a public right-of-way.
[4] The following additional requirements shall apply for retaining wall systems consisting of a series of two or more walls:
[a] When the total drop (measured from the top of the highest wall to the toe of the lowest wall) exceeds 2 1/2 feet, even if each individual wall is less than 2 1/2 feet, there shall be an Engineer's review of the proposed system with emphasis on safety.
[5] An approved safety barrier shall be required in all cases where the wall is more than 2 1/2 feet tall (at the highest point), subject to the Engineer's review. Furthermore, an approved safety barrier shall be required in wall systems containing a series of two or more walls (as in § 220-35D(24)(g)[4]) as determined in the course of the Engineer's safety review. A "safety barrier" shall be defined for the purposes of this chapter as an artificial barrier, not to include landscaping, which will prevent a child from penetrating through to the other side of the barrier. Specifications for safety barriers shall be as follows:
[a] A safety barrier shall be at least four feet high.
[b] A safety barrier shall be constructed of approved materials in a manner that will prevent a child from penetrating it.
[c] A safety barrier shall be located at the outer edge at the top of the wall along its entire length.
(h) The certification requirements for materials used to construct retaining walls are as follows: [Added 1-15-1987 by Ord. No. 56-86]
[1] Material certification must be in the original (copies not acceptable).
[2] Certification must be signed (in the original) by an officer of the company.
[3] Obligation of builder.
[a] If the builder signs and certifies, then no cover letter is necessary (notarization needed).
[b] If (supplier, distributor, manufacturer) signs and certifies and notarization is provided, then the builder must transmit certification by cover letter (signed in the original by an officer of the builder's company), but no further notarization is needed by the builder.
[4] All signatures on the certification document must be notarized, except the cover letter per Subsection D(24)(h)[3][b].
[5] Certification must refer to specific material, material quantity and location of use.
[6] Certification for timber retaining wall materials must provide length of guaranty period.
(i) The developer, builder or owner shall take all necessary precautions to prevent siltation of streams during construction. If required as a condition of an approved site plan or preliminary plat or by the Township Engineer during construction, the developer shall provide acceptable provisions to prevent all deposition of silt or other eroded material in any stream or watercourse. Such provisions may include but are not limited to construction and maintenance of siltation basins or holding ponds throughout the course of construction.
(25) No commercial vehicle larger than a three-fourths-ton pickup truck shall be parked out of doors overnight in a residence zone.
E. Prohibited uses. Any use not specifically permitted in a zoning district established by this chapter is hereby expressly prohibited from the district, and further provided that the following uses and activities shall be specifically prohibited in any zone:
(1) Auction markets.
(2) All billboards, signboards, advertising signs or devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.
(3) Junkyards, automobile wrecking or disassembly yards, the sorting or baling of scrap metal, paper, rags or other scrap or waste material.
(4) Open-air drive-in motion-picture theaters.
(5) Asphalt and cement plants.
(6) Automobile, dog, horse or go-cart race tracks.
(7) Miniature commercial golf courses, golf driving ranges and similar outdoor commercial recreation facilities.
(8) Privately operated dumps for the disposal of garbage, trash, junk, refuse and similar materials.
(9) Truck terminals when not a part of a permitted commercial or industrial use.
(10) Dealerships devoted entirely to the sale of used automobiles or trucks.
(11) The keeping or raising of mink, foxes or similar furbearing animals.
(12) The keeping or raising of swine except as part of a general farming operation on a property of not less than five acres, and provided further that not more than 10 head of more than six months of age plus one such head additional for each three acres of land in excess of five acres shall be allowed in any case. No building, fenced run or other enclosure for the shelter of swine shall be closer to any front, side or rear property line or zone boundary than 200 feet.
(13) Slaughtering of fowl or animals not raised on the premises except as incidental to a general farming operation.
(14) Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor, smoke, vibration, glare or waste products.
(15) Any use of any building or premises in such a manner that the health, morals, safety or welfare of the community may be endangered.
F. Stream corridor preservation restrictions. [Added 12-11-2003 by Ord. No. 2003-29]
(1) Establishment. Stream corridor preservation restrictions on lands contained in the Township of Marlboro are hereby established.
(2) Definitions. As used in this subsection, the following terms shall have the meanings indicated:
STREAM CHANNEL Permanent or intermittent watercourses shown on USGS quadrangle maps, the Monmouth County Soil Survey or other sources as the Planning Board and Zoning Board of Adjustment of the Township of Marlboro may deem applicable and germane.
STREAM CORRIDOR The stream channel and all lands on either side of the stream channel to a width of 50 feet on either side or which is within the one-hundred-year floodplain, including any sloping areas of 15 or greater that are contiguous to the stream channel or one-hundred-year floodplain. A slope shall be identified from an elevation contour plan of a site based on two-foot elevation intervals.
STREAM CORRIDOR AVERAGING The replacing of a curved corridor buffer boundary by a straight line or sequence of joined straight lines so that the total corridor buffer area remains the sane.
STREAM CORRIDOR BUFFER An area contiguous with the stream corridor where no permanent structure shall be allowed.
(3) Purpose. The purpose of the stream corridor preservation restrictions are as follows:
(a) Improve the management, care and preservation of waterways and water resources in the Township of Marlboro.
(b) Protect significant ecological components of stream corridors, including, but not limited to, floodplains, woodlands, steep slopes, wildlife and plant life habitats within stream corridors to prevent flood related damage.
(c) Complement existing federal, state, regional, county and municipal stream corridor and flood hazard protection, management regulations and plans.
(d) Coordinate the regulation of development within stream corridors in a manner consistent with the Township's other regulatory approaches regarding environmentally sensitive areas.
(e) Reduce the amount of nutrients, sediment, organic matter, pesticides and other harmful substances that reach waterways and subsurface and surface water bodies by using scientifically proven processes, including, but not limited to, filtration, deposition, absorption, adsorption, plant uptake, biodegradation, denitrification and any and all other means now or hereinafter devised and by improving infiltration, encouraging sheet flow and stabilizing concentrated flows.
(f) Regulate land use and development within the Township so that such uses are consistent with the intent of this subsection and the regulations promulgated herein and generally accepted preservation practices.
(g) Preserve natural, scenic and recreation areas within and adjacent to streams and waterways throughout the Township of Marlboro.
(h) Support the water resource policies of the New Jersey State Development and Redevelopment Plan.
(i) Advance the purposes of the New Jersey Municipal Land Use Law with particular emphases on those items set forth in N.J.S.A. 40:55D-2a, b, d, i and j.
(j) Protect natural drainage features.
(k) Aid in the reduction of flooding.
(l) Reduce development impacts on water quality.
(m) Protect the rights of others within the same waterway areas from the adverse effects of improper stream corridor development.
(n) Provide for potential recreation and wildlife migration corridors throughout the Township for the health, welfare and benefit of the citizens of the Township of Marlboro, County of Monmouth and State of New Jersey.
(4) Applicability.
(a) The stream corridor preservation restrictions in this subsection shall be applicable to all lands contained in the Township of Marlboro, including, but not limited to, any and all tracts of land that are the subject of an application for subdivision, site plan or any land use approvals that fall, in whole or in part, within a stream corridor and/or stream corridor buffer.
(b) The stream corridor preservation restrictions in this subsection shall also be applicable in the review of any land disturbance in any stream corridor and/or stream corridor buffer (or portion thereof) which shall be undertaken as part of the application review by the applicable Land Use Approval Board or municipal agency.
(5) Rules.
(a) Stream corridors shall have a buffer of 100 feet on each side.
(b) No septic system shall be located within any stream corridor or stream corridor buffer, or portion thereof.
(c) On any major subdivision where a stream corridor buffer has been disturbed by prior land use such as agriculture, revegetation of the disturbed area using native tree and plant species is required. The submitted plan must be approved by the Township Conservation Officer.
(d) An approved application for development on a property that contains a stream corridor or stream corridor buffer, or portion thereof, shall provide a conservation easement for the continued protection of the stream corridor or stream corridor buffer, or portion thereof. Any conservation easements made under the provisions of this subsection shall be dedicated to the Township in perpetuity and shall specifically prohibit the erection of any and all structures, including, but not limited to, fences and walls, and shall be in conformance with all provisions of the Land Use and Development Ordinance of the Township of Marlboro. Any conservation easements created under the provisions of this subsection shall be made by deed which shall be recorded in the Monmouth County Clerk's Office.
(e) Stream corridor buffer averaging may be permitted, provided that the width at all points of the averaged buffer is at least 70% of the width of the stream corridor buffer before such averaging.
(6) Standards and practices.
(a) Permitted activities. Stream corridors and stream corridor buffers shall remain in their natural state with no altering of waterways, regrading or construction or any clearing or cutting of trees and/or brush, (except for the removal or pruning of dead vegetation for reasons of public safety and welfare as deemed necessary by the Township Engineer) except in the case of the following activities:
[1] Wildlife sanctuaries, woodland preserves and arboretums, excluding enclosed structures;
[2] Game farms, fish hatcheries and fishing reserves operated for the protection and propagation of wildlife, excluding any enclosed structures;
[3] Hiking, bicycle and bridle trails, including bridges or other structures appurtenant thereto;
[4] Trails or pathways, including bridges or other structures appurtenant thereto, constructed and/or maintained by or under the authority of the Township for the purpose of providing access to public recreation areas;
[5] Fishing areas; and
[6] Cultivation of the soil for agricultural or horticultural production, pasture and similar agricultural uses undertaken in accordance with agricultural best management practices to reduce or prevent non-point source pollution.
(b) Location of activities on tracts partially within stream corridors and/or stream corridor buffer areas.
[1] All new lots in major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of stream corridors and stream corridor buffers to accommodate principal buildings and uses as well as any permitted accessory use; and
[2] The applicable Land Use Approval Board may allow an average stream corridor buffer width of 100 feet from the stream corridor, allowing for reasonable flexibility to accommodate site planning when necessitated by the size and shape of the tract and physical conditions thereupon. The stream corridor buffer width may be reduced to no less than a minimum of 70 feet from the stream corridor, provided that there is an equivalent increase in the width elsewhere on site and that all relevant permits, e.g., stream encroachment, freshwater wetlands and so forth, are obtained from the New Jersey Department of Environmental Protection and any other applicable, federal, state and local agencies.
(c) Permitted activities in stream corridors and stream buffers when there is no reasonable or prudent alternative. In cases where there are no reasonable or prudent alternatives, the following exceptions to the regulations and requirements of this subsection may be permitted by the applicable Land Use Approval Board in a stream corridor or stream corridor buffer when subdivisions or site plans cannot be designed in the manner set forth herein and if the Land Use Approval Board determines that there is no other reasonable or prudent alternative to placement in the stream corridor or stream corridor buffer:
[1] Recreational use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses, sports or boating clubs, not to include enclosed structures, but permitting piers, docks, floats or shelters customarily associated with developed outdoor recreational areas;
[2] Outlet installation for sewage treatment plants and sewage pumping stations and the expansion of existing sewage treatment facilities;
[3] Private or public water supply wells that have a sanitary seal, floodproofed water treatment facilities or pumping facilities;
[4] Dredging or grading when incidental to permitted structures or uses, including stream cleaning and stream rehabilitation work undertaken to improve hydraulics or to protect the public health, safety and welfare;
[5] Dams, culverts, bridges and roads, provided that such structures cross the stream corridor directly;
[6] Sanitary or storm sewers;
[7] Utility transmission lines installed during periods of low stream flow in accordance with soil erosion and sediment control practices and approved by the State Soil Conservation District in a manner that will not impede flows or cause ponding of water; and
[8] Stormwater management facilities such as detention basins and outfall facilities.
(d) Prohibited activities. All activities not permitted pursuant to this subsection shall be prohibited. In no circumstances shall the following be permitted as exceptions to any of the provisions contained in this subsection:
[1] Any solid or hazardous waste facilities, including, but not limited to, sanitary landfills, transfer stations and wastewater lagoons; and
[2] Junkyards, commercial and industrial storage facilities and open storage of vehicles and materials.
(e) Provisions governing activities in stream corridors and stream corridor buffers.
[1] The applicant for any activity permitted in a stream corridor or stream corridor buffer shall rehabilitate any degraded areas within the stream corridor or stream corridor buffer in a manner acceptable to the applicable Land Use Approval Board and/or municipal agency.
[2] The applicant shall also:
[a] Rehabilitate or cure the effects of the disturbance caused during construction in a timely manner and using best business and construction practices;
[b] Maintain the integrity and pristine nature of the surrounding habitat; and
[c] Maintain the existing ability of the stream corridor to buffer the affected waterway.
[3] The applicant shall provide whatever additional measures are deemed necessary by the applicable Land Use Approval Board and any federal, state or local agencies or laws to ensure that areas designated as stream corridors and stream corridor buffers will be preserved and to prevent additional encroachments in the stream corridors or stream corridor buffers likely to occur as the result of any approvals granted.
[4] The applicable Land Use Approval Board may also require that conservation easements or deed restrictions ensuring that there will be no further intrusion and/or encroachment on any stream corridor and stream corridor buffer than that permitted by the activity so approved be dedicated to the Township and memorialized by deed and recorded in the Monmouth County Clerk's office.
(7) Submission requirements.
(a) The following information shall be provided for any development on any property containing a stream corridor or stream corridor buffer, or portion thereof, or on any property directly bordering on a stream corridor or stream corridor buffer or portion thereof.
(b) An applicant for an activity in a stream corridor or stream corridor buffer or any portion thereof shall submit to the municipality or applicable Land Use Approval Board a map at a scale of not less than one inch being equals 100 feet of the proposed project site delineating the following:
[1] The stream corridor(s) and stream corridor buffer(s) boundaries and/or any portions thereof;
[2] Detailed hydrologic engineering studies indicating the effects on drainage, streams and other waterways and water sources, as well as the property in question and any adjacent properties, which should include the necessary data to determine whether the boundaries of the stream corridor and/or stream corridor buffer (or portion thereof) would be affected if the application were granted;
[3] State wetland boundary lines;
[4] Any steep slopes located within the proposed site;
[5] The location of all improvements and land disturbances proposed to be located within any of the aforementioned boundaries;
[6] A plan indicating the disposition of any fill materials proposed to be deposited by the grading or regrading of land;
[7] A plan demonstrating the manner in which suitable techniques, including, but not limited to, erosion and soil stabilization measures, sediment traps and nutrient control by vegetation filters or other mechanisms, will be incorporated to protect the stream; and
[8] If any disturbance is planned to a stream corridor, stream corridor buffer area, or any portion thereof, or if such has been disturbed by prior land use such as agriculture, a revegetation plan shall be provided, subject to the approval of the Township Conservation officer.
