[Added 2-16-2006 by Ord. No. 2006-1]

A. Findings and legislative intent.

(1) The Township Council recognizes the benefits to society in general, the community and its neighborhoods from horticulture, commercial and home agriculture and animal husbandry, hereafter called "farming," by the preservation of open space and the preservation of the aesthetics of the rural countryside and the supplying of present and future generations with the bounties resulting from such activities; and

(2) The Township Council has determined that such horticulture, agricultural and animal husbandry uses are necessary to humankind and that the right to carry on such pursuits should be protected for the benefit of the residents of the Township of Marlboro; and

(3) The Township Council finds and determines that farmers must be secure in their ability to earn a livelihood and to utilize acceptable, necessary and recognized farming procedure and techniques; and

(4) The Township Council finds and determines that the right to operate a farm is a natural right and is hereby ordained to exist, in accordance with § 220-35D(15), as a permitted use everywhere in the Township, regardless of zoning designations and regardless of whether specified as permitted uses therein.

B. Definitions. As used in this section, the following words shall have the following meanings:

FARM A parcel or parcels of land, whether contiguous or noncontiguous, together with buildings, structures and facilities, which are actively devoted to agricultural or horticultural use, including, but not limited to, cropland, pasture, idle or fallow land, woodland, wetlands, farm ponds, roads, and enclosures related to agricultural pursuits, and which:

(1) Consist of no less than five acres and produce agricultural or horticultural products worth $2,500 or more annually; or

(2) Consist of less than five acres and produce agricultural or horticultural products worth $50,000 or more annually.

C. The right to operate a farm is a natural right and is hereby ordained to exist, in accordance with § 220-35D(15), as a permitted use everywhere in the Township, regardless of zoning designations and regardless of whether specified as permitted uses therein.

D. In accordance with the purposes and preambles set forth herein, the following nonexclusive list of farming activities shall be deemed established as accepted, recognized and entitled to encouragement and protection:

(1) Production of agricultural and horticultural crops, trees, apiary and forest products, livestock, poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping.

(2) The housing and grazing of animals and use of range for fowl.

(3) The operation of public and private stables, riding academies, horse breeding, training, and boarding facilities.

(4) Housing and employment of necessary farm laborers.

(5) Erection of essential agricultural buildings, including those dedicated to the processing and packaging of the output of commercial farms and ancillary to agricultural and horticultural production.

(6) Construction of fences.

(7) The operation and transportation of large, slow-moving equipment over roads within Marlboro Township.

(8) Control of pests, including but not limited to insects and weeds, predators and diseases of plants and animals.

(9) Conduction of agriculture-related educational and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm and permission of the farm owner and lessee is obtained.

(10) Use of any and all equipment, including but not limited to irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, harvest aides, traps, and animal and bird control devices.

(11) Storing, processing and packaging of the agricultural output of the farm.

(12) The wholesale and retail marketing (with attendant signage), including pick your own marketing, and sales of agricultural output of farms or commercial farms, including related products that contribute to farm income, including the construction buildings and parking areas in accordance with the applicable standards set forth in this Chapter 220.

(13) Replenishment of soil nutrients and improvement of soil tilth.

(14) The clearing of woodlands using open burning and other techniques, installation and maintenance of vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas.

(15) On-site disposal of organic agricultural wastes.

(16) The application of manure and chemical fertilizers, insecticides, pesticides, and herbicides in accordance with labeled instructions as approved by the New Jersey Agricultural Experiment Station and the United States Environmental Protection Agency.

(17) Installation of wells, ponds and other water resources for agricultural purposes such as irrigation, sanitation and marketing preparation.

(18) The foregoing practices and activities may occur on holidays, weekdays and weekends by day or night and shall include the attendant or incidental noise, odors, dust, fumes, and lighting associated with these practices.

(19) Any other agricultural activity determined by the State Agriculture Development Committee to be a generally accepted agricultural management practice within the meaning of N.J.S.A. 4:1C-1, et seq.

E. The activities afforded the protections of this section in Subsections B and C must be performed in conformance with applicable federal and state law.

F. No agricultural activity, operation, or facility conducted or maintained in a manner consistent with relevant federal and state laws shall be or become a nuisance, public or private. Whatever inconvenience may be caused to others not of the farming community by such uses and activities so conducted is legal for the farmer and is more than offset by the benefits from farming to the neighborhood, to the community, and to society in general by the preservation of open space, the beauty of the countryside and clean air, and by the preservation and continuance of farming operations in Marlboro Township and in New Jersey as a source of agricultural products for this and future generations.

G. If a seller conveys a new or existing dwelling on a property within 1,500 feet in any direction of a farm, the seller shall inform purchasers that they are near an active farm and, therefore, may be subjected to the noises, odors, dust, and/or fumes that an active farm may produce.

H. For the purpose of giving due notice of nearby farming uses to proposed new residential areas adjacent to or within 1,500 feet of farmland or unimproved land that is suitable for farming, the Planning Board shall require an applicant for an adjacent major or minor subdivision, as a condition of approval of such application, to include a provision in each and every contract for and deed conveying all or any portion of the lands thereby subdivided, as well as on filed subdivision maps, the following record notice to and waiver by grantees of such present or future proximate farming uses, which such provision shall be made to run with the land:

"The grantee acknowledges that this property is within 1,500 feet of an active farm use, acknowledges that there are presently or may in the future be farm uses adjacent to, or in close proximity to this property, from which may emanate noise, odors, dust and fumes. By acceptance of this conveyance, the grantee does hereby waive any and all objections to such farming activities. No structures, storage of materials, or parking of vehicles shall be permitted in any agricultural buffer area required pursuant to Subsection F of § 220-144 of the revised General Ordinances of the Township of Marlboro."

A. As a condition of approval and the continuance of any use, occupancy of any structure and the operation of any process or equipment, the applicant shall supply evidence satisfactory to the Planning Board or to its designated representative that the proposed use, structure, process or equipment will conform fully to all of the applicable performance standards. As evidence of compliance the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The Planning Board may require that specific types of equipment, machinery or devices be installed or that specific operating procedures or methods be allowed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods is required in order to ensure compliance with the applicable performance standards. Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes.

(1) Electricity. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond as the result of the operation of such equipment.

(2) Glare. No use shall produce a strong dazzling light or a reflection of a strong dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare will not become a nuisance to adjoining properties, adjoining districts or streets.

(3) Heat. No use shall produce heat perceptible beyond its lot lines. Further, no process shall be permitted which would cause the temperature to rise or fall in any part of ponds, streams or other watercourses, without approval from the approving authority.

(4) Noise.

(a) At no point on the boundary or outside the property from where the noise source emanates shall the sound level of any operation (other than the operation of motor vehicles or other transportation facilities on public highways, short-term operations involved in the construction or demolition of structures, emergency alarm signals or time signals) exceed the decibel levels in the designated octave bands as stated below. The sound-pressure level shall be measured with a sound-level meter meeting the specifications of S1.11-1966, both specifications of the American National Standard Institute, New York, New York, as amended. If the noise will be incapable of being measured with the sound-level meter and octave band analyzer, then the noise shall be measured by substituting an impact noise analyzer (General Radio Company, Type 1556-A-1955, or equivalent) for the octave band analyzer to determine the peak value of the impact.

(b) In cases where there is serious question whether a noise will be of nuisance outside the property lines containing it and if the noise is incapable of being measured with an impact analyzer, then the noise-producing activity shall not be permitted. If the noise source is already in existence, the noise shall be controlled to eliminate the nuisance.

(c) The maximum permissible sound-pressure levels for smooth and continuous noise shall be as follows (all of the decibel levels stated below shall apply in each case) between the hours of 10:00 p.m. and 7:30 a.m. (source: Public Health News, New Jersey Department of Health, November 1963):

* Reference 0.0002 dynes-square centimeter.

(d) If the noise is not smooth and continuous or it is not radiated at nighttime, one or more of the corrections below shall be added or subtracted from each of the decibel levels given above to determine the maximum allowed:

* Apply one of these corrections only.

(5) Air pollution. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Township. All provisions of the New Jersey Air Pollution Control Code, as amended and augmented by regulations hereinafter designated as the "code," and all the following provisions stated, whichever shall be the more stringent, shall be complied with:

(a) Smoke. In any nonresidential zone, no smoke the shade or appearance of which is darker than No. 1 on the Ringelmann Smoke Chart shall be emitted into the open air from any fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a firebox or the building of a new fire, the shade or appearance of which is not darker than No. 2 on the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes.

(b) Solid particles.

[1] In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.

[2] In any remaining zone, the allowable discharge shall be 75% of the allowable emission permitted by the code.

[3] No open burning shall be permitted in any zone unless approved by the Health Officer or Building Inspector.

[4] Any road, parking area, driveway, truck loading or unloading station or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.

(c) Odors. In any zone no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted October 1968 by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.

(6) Liquid waste.

(a) No liquid waste shall be discharged into any watercourse in the municipality except as herein provided. If the applicant proposes to construct facilities for the treatment of waste, he shall supply:

[1] Statement by the New Jersey Department of Health that such proposed facilities are in compliance with applicable state laws and regulations.

[2] Approval of the installation of such facilities by the Marlboro Township Municipal Utilities Authority.

(b) No liquid waste shall be discharged into any public sewage collection and disposal system unless the appropriate municipal or authority officials shall have first investigated the character and volume of such waste and shall have certified that the system is adequate to receive the liquid waste. The applicant shall comply with any requirements of said officials, including the pretreating of such wastes, the installation of processing equipment separation or screening of wastes, control of pH and other requirements.

(7) Solid waste. All uses in the Township shall:

(a) Assume full responsibility for adequate and regular collection and removal of all refuse except if municipality assumes the responsibility.

(b) Comply with all applicable provisions of the Air Pollution Control Code.

(c) Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council of the State Department of Health and Senior Services.

(d) Permit no accumulation on the property of any solid waste, junk or other objectionable materials.

(e) Not engage in any sanitary landfill operation on the property except as may be permitted by other Township codes and ordinances.

(8) Radiation. All uses of materials, equipment or facilities which are or may be sources of radiation shall comply with all controls, standards and requirements of the Atomic Energy Act of 1954, as amended, and any codes, rules or regulations promulgated under such act, as well as the Radiation Protection Act. Chapter 116, P.L. 1958, as amended, whichever shall be more stringent.

(9) Fire and explosion hazard. If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Planning Board may require the applicant to supply proof of:

(a) Approval of the use, structure, process or resulting product or material from the State Department of Labor and Industry indicating that adequate safeguards against fire and explosion have been taken or installed.

(b) Approval from the appropriate Township fire prevention officer that the applicant has complied with all applicable Township fire prevention regulations.

(10) No activity shall be maintained on the premises which will produce heat or glare beyond any property line.

(11) Vibrations. No use shall cause earth vibrations or concussions in excess of the standards outlined below, with the exception of that vibration produced as a result of construction activity. The standards below are as set forth in the table of frequency amplitude relations. Vibrations shall be expressed as displacement in inches and shall be measured with a standard three-component measuring system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions.

B. Any application for a particular use shall also comply with all state and federal environmental requirements.

In order to preserve and assure the harmonious relationship of residential units to the comprehensive neighborhood pattern and to prevent undue similarity of design which may lead to undue impairment of the stability and value of detached single-family dwelling units and produce neighborhood degeneration and blight with attendant deterioration of conditions affecting the health, safety, morals and general welfare of the inhabitants thereof and the Township at large, no building permit shall hereafter be issued for any dwelling if it is substantially like, in exterior design and appearance, any neighboring dwelling.

A. Buildings shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than two feet. Buildings between which the only difference in relative location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be like each other in relative location of such elements. In relation to the premises with respect to which the permit is sought, a building shall be deemed to be a neighboring building if the lot upon which it or any part of it has been or will be erected is:

(1) Any lot which is the first or second lot next along any street; and, in addition thereto, any lot which is directly across a street from the lot under construction shall be considered as the second lot next along the said street.

B. Neighboring buildings as hereinabove defined shall be considered uniform in exterior design and appearance if they are alike in more than three of the following characteristics:

(1) Vertical dimension from the top of the main roof ridge, or in the case of a building with a flat roof, from the highest point of the roof beams, to the finished first floor level.

(2) Vertical dimension from the top of the main roof ridge to the bottom of the roof fascia plate (all flat roofs shall be deemed identical in this dimension).

(3) Length of the main roof ridge, or in the case of a building with a flat roof, the longest horizontal dimension of the main roof.

(4) Width of building front measured between outside end walls.

(5) Relative location of windows in front elevation or in each of both side elevations with respect to each other and with respect to any door, chimney, porch or attached garage.

(6) In the front elevation, both the relative location with respect to each other of an attached garage, porch and the remainder of the building and either:

(a) The height of any portion of the building located outside the limits of the main roof, measured from the elevation of the first floor to the roof ridge, or in the case of a flat roof, to the highest point of the roof beams; or

(b) The width of said portion of the building if it has a gable in the front elevation; otherwise length of said roof ridge or said flat roof in the front elevation.

C. In addition to the requirements specified in Subsections A and B of this section, there shall be not less than three separate basic house designs in every housing development consisting of eight or more houses, and not less than four basic house designs where there are 15 or more houses, and not less than five basic house designs where there are 25 or more houses, and not less than six house designs where there are 35 or more houses.

D. To ensure conformity with the provisions of this chapter, no building permit shall hereafter be issued for more than one dwelling in any housing development, except as provided in Subsection E of this section, until an engineer's survey or architect's drawing of the entire tract or part to be developed has been submitted to the Building Inspector, showing thereon or on a schedule attached thereto the model number, type and design of each house. The survey or drawing shall show the dimensions of each house, its exact location on the lot with setbacks and width or depth of all yard spaces. In the event of subsequent desired change in basic design, size or location of a house in such tract, a revised plan and application therefor shall be filed and approved by the Planning Board before such work is started.

E. To further ensure conformity with the provisions of this chapter, in respect to new subdivisions for the purpose of a housing development, the Planning Board of the Township of Marlboro, at its discretion, may require an affidavit or a performance guaranty, approved as to form by the Township Attorney, that the subdivision will be developed as a whole so that the intent and purposes of this chapter are satisfied. The Building Inspector is also hereby authorized to require a similar affidavit or performance bond before issuance of more than one building permit in any housing development or part thereof for any subdivision heretofore approved by the Planning Board prior to the enactment of this chapter or to any land area not required to be subdivided.

A. For any nonresidential building, occupancy or use, the Planning Board, in consultation with Township fire officials, may require the provision of on-site water supply facilities for fire-fighting purposes if:

(1) Any portion of such building, occupancy or use is more than 800 feet from an existing supply (measured along the most probable route for stretching hose lines), or

(2) The Planning Board finds that the proposed building, occupancy or use presents a serious occupancy or conflagration hazard and therefore requires the provision of additional facilities.

B. Such facilities may include on-site supply lines (not less than three inches in diameter), hydrants, standpipes, ponds, storage towers or reservoirs, wells, pumps or such other facilities as the Planning Board may approve at the time of site plan approval where applicable, shall conform to the requirements of the Marlboro Township Municipal Utilities Authority.

C. In general, on-site water supply systems shall provide at least one hydrant (or other Fire Department pumper connection) at a minimum available flow of 500 gallons per minute. Such supply systems, when connected to a public water supply, shall have at least two points of connection and shall be arranged in continuous loops where possible. All connections and hydrants shall be valved. When such systems supply both outside hydrants and sprinklers, the minimum flow requirements shall be increased by 50%.

D. No provision of this section shall be construed as to prevent the requirement of more stringent precautions pursuant to any federal, state, county or municipal law, rule, regulations or directive or to prohibit the construction or installation of water supply or fire-protection devices in addition to those required under the terms of this section.