Where the property line of a municipal recreation site used for active recreation and playground purposes abuts a residential zone or a lot used for residential purposes, a buffer area 100 feet in width measured from said zone line or property line shall be established in accordance with § 220-100 of this chapter.
A. Definition. A "cluster development" is defined as a development of single-family detached dwellings which will preserve desirable open spaces, conserve floodplains and wetlands, provide open space recreational parks and lands for other public or quasi-public purposes compatible with residential uses by permitting a reduction of lot size and the application of certain other regulations hereinafter stated without increasing the number of lots, i.e., the gross density, in the total areas to be developed.
B. Cluster development shall be permitted in the following ones:
LC Land Conservation Zone
R-80 Single-Family Residential Zones
R-60 Single-Family Residential Zones
R-30 Single-Family Residential Zones
C. Schedule of minimum requirements. The lot area and minimum lot width as required in the Schedule of Area, Yard and Building Requirements for the R-80, R-60 and R-30 Residential Districts may be reduced in order to obtain the cluster objective defined, provided all the requirements set forth herein are met:
(1) A cluster development must consist of at least one or more contiguous tracts of land containing not less than 25 acres.
(2) The parcel of land must be serviced by municipal water supply and a municipal sanitary sewer system.
(3) The permitted gross density of a cluster development shall be as set forth in the Schedule of Area, Yard and Building Requirements in § 220-34. Gross density shall be calculated by dividing the number of proposed dwellings by the acreage of the tract.
D. Open space standard.
(1) Of the required open space in the cluster development, 50% thereof may be lands from one or more of the following categories:
(a) Floodway and flood hazard areas as defined or established in the floodways and floodplain provisions.
(b) Existing watercourses, ponds, bogs and swamps.
(c) Lands classified as flood hazard area, wet soil woodland, wet soil or prime agricultural land by the environmental base study prepared for the Marlboro Township Environmental Commission and based on the Monmouth Soil Survey.
(2) Each open space area shall contain a minimum of two contiguous acres.
(3) Open space areas shall not be less than 20 feet in width at any location for any extended length.
(4) There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas should weave between and periodically widen out significant and usable recreation areas.
(5) Lands to be dedicated shall be so located as to meet the needs, as shown on the Master Plan or Official Map of the Township, for open spaces, parks, playgrounds, school sites, rights-of-way, protection of major streams or open drainageways, buffer areas or to provide additional neighborhood area for recreational purposes or for any other lawful purpose as determined by the Mayor and Township Council. Not only municipal requirements shall be satisfied but "dedicated areas" shall be so located as to meet any potential need of the neighborhood.
(6) The configuration of open space should be so arranged that connections can be made to existing or future adjacent open spaces.
(7) Land so reserved or dedicated for open spaces shall include, wherever feasible, natural features such as streams, brooks, wooded areas, steep slopes and other natural features of scenic or conservation value. The developer may be required to plant trees or other similar landscaping improvements in order to qualify open land for acceptance by the Township.
(8) Where it is considered appropriate by the Planning Board, portions of the open space may be designated for passive and/or active recreational activities. Passive recreational activities may include but not be limited to swimming pools, tennis courts and ball fields.
(9) Within open space areas the Planning Board may, upon review by the Environmental Commission and the Shade Tree Commission, require the developer to make certain site preparation improvements, which may include but are not limited to the following:
(a) Removal of dead or diseased trees.
(b) Thinning of trees or other growth to encourage more desirable growth.
(c) Removal of trees in areas planned for ponds, lakes or active recreational facilities.
(d) Grading and seeding.
(e) Improvement or protection of the natural drainage system through the use of protective structures, stabilization measures and similar improvements.
E. Open space ownership.
(1) The type of ownership of land dedicated for open space purposes shall be subject to approval of the Planning Board and shall be a shared, undivided interest by all property owners in the subdivision.
(2) Any lands reserved or dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Planning Board which ensure that:
(a) The open space area will not be subdivided in the future.
(b) The use of the open space areas will continue in perpetuity for the purposes specified.
(c) Appropriate provisions are made for the maintenance of the open space areas.
(3) The developer shall also provide such covenants, agreements and/or means to provide adequate maintenance facilities necessary to control soil erosion and sedimentation on the subject property, which may include but not be limited to retention ponds, both intermittent and permanent, siltation basins, floodways, excessive slopes and other similar conditions.
F. Other regulations. The owner, developer or applicant shall provide all on- and off-site improvements in the cluster development as may be deemed required by the land subdivision provisions or as determined by the Marlboro Township Planning Board. The on- and off-site improvements shall be installed in conformance with the land subdivision provisions and upon review and approval of all improvement design standards by the Township Engineer.
G. Establishment of homeowners' associations. Homeowners' associations should be established as per N.J.S.A. 40:55D-43.
H. Standards for the establishment of open space organization shall be as provided in N.J.S.A. 40:55D-43.
I. Floodplain and wetlands. [Added 12-8-1988 by Ord. No. 59-88]
(1) The subdivider shall submit a plat map showing the development according to the requirements of the particular zoning district as shown on the Schedule of Area, Yard and Building Requirements in § 220-34 and another plat map showing the development as modified in accordance with the cluster provision of that particular zone. If the proposed residential dwellings are equal to or greater than 7,500 square feet in size, the density of development (as per Table II, Schedule of Area, Yard and Building Requirements: Cluster Provisions, of 220 Attachment 10) throughout the proposed subdivision may exceed the exact number of lots that would be permitted to be built if such development had proceeded on the noncluster lot size provision eliminating the existing and delineated wetlands. If the proposed residential dwellings do not equal or exceed 7,500 square feet in size, the density of the development shall not exceed the exact number of lots that would be permitted if such development had proceeded on the noncluster lot size provision eliminating the existing and delineated wetlands and floodplains. The plat showing the subdivision at its nonclustered lot size exclusive of the existing and delineated wetlands and floodplains shall be the governing factor in establishing a yield or a number of lots for that particular subdivision. That yield and the size of the proposed residential dwellings shall be the final determining factor for the number of lots that may be achieved if the cluster option were selected. [Amended 6-13-2013 by Ord. No. 2013-12]
(2) Absent any wetlands or floodplains, the maximum density for a cluster option subdivision shall be as specified in the Schedule of Area, Yard and Building Requirements in § 220-34.
A. Definitions. The words, terms or phrases listed below, for the purpose of this section, except when the context requires a different meaning, shall be defined as follows:
CONSTRUCTION Building or installing a new swimming pool or enlarging an existing swimming pool or any of its facilities.
PERSON Includes corporation, companies, associations, societies, firms and partnerships as well as individuals.
PORTABLE POOL Any above-surface-type pool of more than 75 cubic feet capacity, not stationary or fixed, and capable of annually being removed for storage.
PRIVATE SWIMMING POOL Any pool of water having a water depth in excess of 18 inches and an area greater than 75 square feet, designed, used and maintained for swimming purposes by an individual for use by his household and guests without fees and located on property owned, leased or otherwise used and maintained by the owner of said swimming pool; it shall further mean and include fill-and-draw, flow-through and recirculation pools which are artificially constructed to provide recreational facilities for swimming, bathing or wading, and all buildings, equipment and appurtenances thereto. It shall not include natural outdoor ponds, rivers or lakes, nor baths used for cleansing of the body or practice of the healing arts.
WADING POOL Any artificially constructed pool intended for use by children, not designed or used for swimming, with a maximum area of 75 square feet and a maximum water depth of 18 inches.
B. Construction and maintenance; electrical connections.
(1) All materials used in the construction of swimming pools shall be waterproof and so designed and constructed as to facilitate emptying and cleaning and shall be maintained and operated in such manner as to be clean and sanitary at any time when any such pool shall be in use or at such times as the same shall be subject to use. Inlets of the treated water shall be so located and spaced as to secure satisfactory dispersion of the water throughout the pool and not to interfere with draining, cleaning and disinfecting of the bottom and sides. Sand or earth bottoms shall not be used.
(2) It shall be unlawful to use any temporary electrical appliances in a portable pool or wading pool. All electrical connections shall be of waterproof type and shall bear the Underwriters' seal and shall be effectively grounded.
(a) In order to prevent the adverse consequence of uncontrolled surface water flow, prior to the issuance of a construction/zoning permit for the erection or installation of a pool, a lot grading plan shall be submitted to the Municipal Engineer in accordance with the requirements of this subsection.
(b) A lot grading plan shall be submitted to the Municipal Engineer in triplicate in sufficient detail to show the following:
[1] The existing surface drainage pattern as it affects the subject property and all abutting land.
[2] The location of any existing streams, watercourses, slopes, ponds, storm sewers or drainage facilities which relate to drainage of surface waters from or to the subject property.
[3] The proposed location of the structure for which a construction permit is being sought.
[4] The proposed elevation of the finished pool facility for the subject property.
[5] The outer limits of all areas in which any grading, clearing or filling is proposed on the subject property.
[6] Any proposed changes in the existing surface drainage pattern which will result from the construction proposed for the subject property, including any proposed changes on abutting lands.
[7] When necessary, upon the Municipal Engineer's request, this lot grading plan must be prepared in a drawing form, signed and sealed by a professional engineer or land surveyor.
(c) The Municipal Engineer's approval of a grading plan or revised plan shall be based on a determination that the plan is designed to control surface waters in a manner that will not adversely affect the subject property and abutting lands. No construction may start and no land disturbances may occur until such determination is made. Whenever the Municipal Engineer considers it necessary or appropriate, he may require that a lot grading plan include temporary measures to be taken during the performance of any construction work to prevent adverse water from running off onto abutting lands. The failure of a property owner to comply with an approved lot grading plan for said property, including temporary measures to be taken during the performance of construction work, shall constitute a use of the subject property in violation of this chapter.
(d) Neither an occupancy/zoning permit nor a certificate of occupancy shall be issued for any property which is the subject of a lot grading plan until the Municipal Engineer has inspected the property and determined that the construction conforms with the lot grading plan.
(e) If a certificate of occupancy is issued for a property prior to full compliance with a lot grading plan and full compliance is not effected by the date set forth in the report of the Municipal Engineer, the continued occupancy of such property after such date shall constitute a use of such property in violation of this chapter.
(f) There shall be no change in existing grade which raises the elevation of the lot within five feet of a property line. Furthermore, there shall be no change in existing grade which raises any portion of the lot more than three feet above the existing ground level at a point 15 feet from the property line. When necessary, a swale shall be created in order to control surface waters in a manner that will protect abutting lands. For retaining walls which exceed 3.5 feet in height above the natural grade, material certifications and engineering drawings shall be required to ensure durability and stability, provided that for each six inches in height above the natural grade a retaining wall shall be set back two feet from the property line to which it is adjacent. Distances from property lines shall be measured at right angles to straight portions and radial to curved portions. Retaining walls shall be in accordance with requirements of § 220-35D(24)(g).
(g) An inspection fee of $200 shall be paid with the zoning application. [Amended 4-3-2008 by Ord. No. 2008-8; 2-17-2011 by Ord. No. 2011-1]
[1] Review fee: $200.
[2] Review/reinspection: $100.
(h) In addition, any sidewalk curbing or pavement on Township right-of-way damaged during the construction of the pool and/or accessory construction must be replaced to the satisfaction of the Municipal Engineer prior to issuance of the certificate of occupancy. Sidewalk construction to conform to §§ 220-178 and 220-146C, curb construction to conform to § 220-146, and pavement construction to conform to § 220-184O. [Added 12-13-1990 by Ord. No. 62-90]
(i) In addition, ground cover (grass, sod, etc.) disturbed by the construction of the pool and/or accessory construction must be restored to the satisfaction of the Municipal Engineer prior to the issuance of the certificate of occupancy. [Added 12-13-1990 by Ord. No. 62-90]
C. Water supply, pipe pump and filter systems.
(1) There shall be no physical connection between a potable public or private water supply system and such private swimming pools, wading pools or portable pools below the maximum waterline of the pool or to a recirculating or heating system of said pool. The piping system shall be designed to circulate the pool water through filtering equipment. Potable water shall feed the pool overflow level. Potable water siphons will not be permitted to drain the aforesaid pools. The installation, repair and control of plumbing facilities shall comply with the plumbing and sanitary standards of the Township of Marlboro.
(2) All circulating units shall have sufficient capacity to recirculate the entire contents of a pool within 24 hours or less.
D. Water-use closure.
(1) All pools supplied by a public or quasi-public water supply system and not equipped with facilities for the recirculation and reuse of the pool water shall be subject to closure by order of the Township Council during any period of emergency water shortage declared by a duly authorized public official.
(2) Whenever any pool is a hazard to the health of the public, the Health Officer is authorized to summarily close such pool upon the failure of the owner, lessee or occupant of the premises upon which such pool is located to take satisfactory action to abate such hazard to the health of the public within 24 hours after the receipt of the notice required by Subsection K(1) hereof, and keep such pool closed until no further hazard to the public exists, subject to the right of appeal to the Township Council by the owner of such pool. Said appeal, however, shall not stay the action of the Health Officer.
E. Disinfection of facilities. All private swimming pools, wading pools or portable pools with a water depth of more than one foot shall be disinfected by the use of disinfecting agents with disinfecting qualities equal to those obtained from chlorine-bearing compounds. No water shall be used for swimming purposes which, when tested, shall show coliforms contained therein. For the purposes of this section, the use of disinfecting agents approved by the National Swimming Pool Institute or such disinfecting agents as shall meet the same or higher standards shall be deemed compliance with this section.
F. Fencing.
(1) All private swimming pools now existing or hereafter constructed, installed, established or maintained, with the exception of wading and portable pools, shall be completely and continuously surrounded by a permanent durable wall, fence or barrier which shall be no more than six feet nor less than four feet in height above grade and shall be so constructed as to have no opening, mesh, hole or gap larger than two inches in any dimension, except for doors and gates; provided, however, if a picket fence is erected or maintained, the horizontal dimension of any gap or opening shall not exceed 2 1/2 inches. No fence of any kind or material shall be constructed or maintained which shall contain projections of any kind at any point on the outer surface of said fence. A dwelling house or accessory building may not be used as part of such enclosure. All gates used in conjunction with any of the above-described enclosures shall conform to the specifications required above as to height and dimensions of openings, mesh, holes or gaps in the cases of fences, and all gates and doors shall be equipped with self-closing and self-latching devices for keeping the gate or door securely closed at all times when not in actual use. Latches shall be a minimum of four feet off ground level. Gates and doors shall be locked when the pool is not in use or is unguarded or unattended; provided, however, that nothing herein contained shall be construed to require the construction of an additional wall, fence or barrier where, in lieu thereof, the entire premises or a part thereof wherein the pool is contained shall be fully enclosed by a wall, fence or barrier which meets the specifications set forth herein. No fence shall be closer than six feet from any point of the pool.
(2) Every outdoor wading pool or portable pool shall be enclosed by a durable wall, barrier or fence as described in the preceding subsection unless such outdoor wading pool or portable pool is:
(a) Emptied when not in use or unattended; or
(b) Covered with a suitable, strong protective covering fastened or locked in place when not in use or unattended. (A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it will support a minimum dead weight of 200 pounds.)
(3) All persons now owning or maintaining any outdoor swimming pool shall be and hereby are granted a period of 90 days after the effective date hereof within which to enclose the same as herein provided; except that any such person now owning or maintaining an outdoor swimming pool or wading pool presently enclosed by a fence or barrier which substantially complies with the requirements of this section may be exempted from the strict requirements thereof for a period of one year to substantially alter, remove, replace or rebuild such fence upon obtaining from the Building Inspector a certificate of substantial compliance, as hereinafter provided:
(a) "Substantial compliance," for the purpose of this section, shall mean and include any fence or barrier which, now or hereafter, shall be maintained at a minimum height of 42 inches above grade, have no opening, mesh, hole or gap larger than four inches in any dimension and not have any projections at any point on its outer surface.
(b) A certificate of substantial compliance may be granted by the Building Inspector within 90 days after the effective date hereof upon payment of an inspection fee of $1 and written application to and establishing to the satisfaction of the Building Inspector, in such a manner as shall be prescribed by said Building Inspector, that the applicant's fence is maintained in substantial compliance with the requirements of this section.
(4) All persons now owning or maintaining a portable pool shall be and are hereby granted a period of 30 days after the effective date hereof to comply with the provisions of this section, anything to the contrary therein notwithstanding.
G. Location.
(1) No private swimming pool, as defined by this section, or accessory building shall be erected or placed nearer to a street property line or nearer to a side property line than would be allowed for buildings in the zoning provisions of the Township of Marlboro.
(2) No private swimming pool shall be constructed so that its drain outlet shall connect in any manner to any sewage disposal system.
(3) No private swimming pool shall have an area in excess of 10% of the area of the lot upon which it is constructed or installed; provided, however, that in any event said private swimming pool shall comply with the zoning regulations as to rear and side line requirements governing accessory buildings.
H. Lighting. No artificial lighting shall be maintained or operated in connection with a private swimming pool, wading pool or portable pool in such a manner as to be a nuisance or an annoyance to neighboring properties. Such lighting shall not shine directly upon any abutting property. No unshielded lights shall be permitted.
I. Permits.
(1) Application for permits for the construction, remodeling, altering and maintenance of any private or portable swimming pool, as defined in Subsection A hereof, shall be made to the Building Inspector by the owner of the property upon which it is to be constructed or by the contractor who will construct the same. The application shall be accompanied by duplicate sets of plans, specifications and plot plan and shall also show the location, height and type of all existing fencing or walks on the boundary lines of the property, location of septic systems, together with the type and height of fencing or enclosure as may be required by this section. No permit is required for wading pools.
(2) Applicants shall pay a fee of $10 per thousand square feet to the Township of Marlboro for a permit to erect or alter a private or portable swimming pool, as defined in this section, which permit fee shall be inclusive of the permit fee required for the erection of any accessory structure or structures to be used in connection with such swimming pool and which shall be at the same rate as is provided for other improvements in the Township.
(3) No permit for a private swimming pool, as defined in this section, shall be issued by the Building Inspector until the plans, specifications and plot plan have been approved by the Plumbing Inspector, and such approval must be directly obtained from the Plumbing Inspector by the applicant.
J. General provisions.
(1) Any nuisance which may exist or develop in or in consequence of or in connection with any private swimming pool shall be abated and/or removed by the owners.
(2) Whenever any private swimming pool, by reason of mechanical defects or lack of supervision, is, in the opinion of the Health Officer, polluted and detrimental to health, it shall be summarily closed.
(3) Owners or persons in possession of private swimming pools shall allow the Health Officer and the Building Inspector access to inspect said pool and the appurtenances at any time it may be required by the Township Council of the Township of Marlboro.
(4) Any accessory building, such as locker rooms, toilets and runways, or any other physical facility or equipment incident to the maintenance and operation of any of the above described shall be in conformance with the rules and regulations of the Township Council of the Township of Marlboro.
(5) The Township Council may cause any private swimming pool, as defined in this section, to be inspected for compliance with the Plumbing Code of the Township.
(6) Stockade fences and similar solid-type fences are not to enclose more than 15% of the lot area.
K. Enforcement.
(1) Every private swimming pool, wading pool or portable pool constructed, installed, established or maintained in the Township of Marlboro shall at all times comply with the requirements of the Township Council. Any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with any such private swimming pool, wading pool or portable pool shall be forthwith abated and removed by the owner, lessee or occupant of the premises on which said pool is located upon receipt of notice from the Health Officer of the Township of Marlboro.
(2) It shall be the duty of the Health Officer and/or the Building Inspector and such other officials as designated by the Township Council to enforce the provisions of this section.
(3) The owner or operator of any pool within the Township shall allow said Health Officer and/or Building Inspector access at all reasonable times to any private swimming pool or wading pool or portable pool and appurtenances thereto for the purpose of inspecting to ascertain compliance with this section and all other pertinent Township ordinances.
L. Violations and penalties. Any person or persons, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalties in § 220-25 of this chapter. Each day a particular violation continues shall constitute a separate offense.
