Borough of Eatontown, NJ Article VII Area, Bulk and Use Requirements

§ 89-29 General provisions.

A. Within the Borough of Eatontown no building shall hereafter be erected and no existing building shall be moved, structurally altered, added to, enlarged or rebuilt; nor shall any land or building be used for any purpose until a zoning permit has been granted by the Zoning Officer permitting such action. (See Article XII.)

B. Within the Borough of Eatontown no building or structure shall be occupied or used, in whole or part, and no building or structure shall be reoccupied or used, in whole or part, after it has become vacant until a certificate of use and occupancy has been issued in accordance with the procedures and requirements of the Building Code of the Borough of Eatontown as supplemented by the procedures and requirements of this chapter and Ordinance No. 1770.

§ 89-30 List of zones.

[Amended by Ord. No. 27-81; Ord. No. 6-92; Ord. No. 03-2001; Ord. No. 09-2002; Ord. No. 17-2002; 12-8-2004 by Ord. No. 31-2004; 3-22-2006 by Ord. No. 16-2006; 3-12-2008 by Ord. No. 05-2008; 8-23-2023 by Ord. No. 24-2023]

The Borough of Eatontown is hereby divided into the following zones:

R-32 Residence Zone

R-32TH Residence Zone

R-32FRD Residence Zone

R-20 Residence Zone

R-20 RSC Residence Zone

R-20 FRD Residence Zone

R-20/R-TH/SCH

R-10 Residence Zone

R-10A Residence Zone

R-10B Residence Zone

R-10 MH Residence Zone

R-MLC Residence Zone

R-TH/MLC Residential Townhouse/Mount Laurel Contribution (R-TH/MLC) District

R-MF-AH Multifamily Affordable Housing Overlay Zone

R-MF-AH-2 Affordable Housing-2 Zone

B-1 Business Zone

B-2 Business Zone

B-2 MH Business Zone

B-3 Business Zone

B-4 Business Zone

M-B Manufacturing - Business Zone

M-B/R Manufacturing - Business/Retail Overly Zone

PBO-88 Professional, Business and Office Zone

PBO-200 Professional, Business and Office Zone

M-1 Manufacturing Zone

M-2 Manufacturing Zone

P-1 Public Land Zone

HD Historic District

FP Flood Prone Zone

BP-1 Business Park Zone

BP-2 Business Park Zone

MU-OO Mixed Use Old Orchard Zone

§ 89-31 Zoning Map.

A. The above-mentioned zones are shown on the map entitled "Zoning Map," which is attached hereto and made a part of this chapter.[1]

[1] Editor's Note: The Zoning Map is included as Exhibit 4 at the end of this chapter.

B. Zone boundaries. Where uncertainty exists as to any of said boundaries as shown on said map, the following rules shall apply:

(1) Zone boundary lines are intended to follow the center line of the streets, railroad rights-of-way, streams, and lot or property lines as they exist on plats of record at the time of the passage of this chapter, unless such zone boundary lines are fixed by dimensions as shown on the Zoning Map.

(2) Where such boundaries are not fixed by dimensions and where they approximately follow lot lines, and where they do not scale more than 10 feet distant therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.

(3) In unsubdivided land 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.

§ 89-32 General requirements.

A. No building shall hereinafter be erected and no existing building shall be moved, structurally altered, added to or enlarged, rebuilt, nor shall any land be designated, used, or intended to be used for any purpose other than those included among the uses permitted in each zone by this chapter and meeting the requirements as set forth by the schedules included within and hereby made a part of this chapter.[1] Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space, and such other regulations designated in said schedules and this chapter for the zone in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter and the certificate of occupancy for such building shall thereupon become null and void.

[1] Editor's Note: Said schedules are included as Exhibit 3 at the end of this chapter.

B. Every principal building shall be built upon a lot fronting upon a duly accepted public street and sidewalk, both of which have been improved in accordance with the applicable Borough standards for which a performance guarantee has been posted with the governing body to assure such improvements in accordance with Article X of this chapter.

C. The minimum width requirements as specified in the schedule shall be measured at the rear line of the required front yard area provided that in no case shall the frontage or the distance between side lot lines be reduced to less than 60% of the specified minimum width.

D. Where a building lot has frontage upon a street which on the Master Plan or Official Map of the Borough of Eatontown or the County of Monmouth is contemplated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.

E. No lot shall have erected upon it more than one residential building except in the case of rental apartment or condominium projects constructed in accordance with the Borough codes.

F. An accessory building attached to the main building shall comply in all aspects with the requirements of this chapter applicable to the main building.

G. Detached accessory buildings shall be located to the rear of the rear building line of the principal structure and shall comply with the provisions of the schedule governing their location.

H. When the rear yard of the corner lot adjoins the front yard of another lot, no accessory building on such corner lot shall be located nearer to the common street line than a distance equal to the depth of front yard required along such frontage.

I. Any yard adjoining a public street shall meet the front yard requirements for the applicable zone.

J. No yard or other open space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building.

K. At the intersection or interception of two or more streets, and/or driveways, no hedge, fence or wall higher than 2 1/2 feet above street level, nor any obstruction to vision, other than a single post or tree not exceeding 16 square inches in cross-section area, shall be permitted within the triangular area formed by the intersecting lines and a straight line joining points located on said street line 25 feet distant from the intersection thereof, unless Section V C(5) of the Subdivision Resolutions of the County of Monmouth imposes a greater requirement which shall be met.

L. A new construction of principal buildings other than one-family dwellings shall have all utilities placed underground.

M. Keeping of chickens on residential lots less than five acres. Chickens may be kept and maintained on single-family residential lots as an accessory use on lots less than five acres, provided a zoning permit is first obtained from the Zoning Officer, and subject to the following requirements:

[Added 6-28-2017 by Ord. No. 03-2017]

(1) The number of chickens kept shall be determined by lot size, subject to the chart below, but in no case more than 12 chickens:

Number of female chickens	Minimum lot size
5	5,000 square feet
6	6,000 square feet
7	7,000 square feet
8	8,000 square feet
9	9,000 square feet
10	10,000 square feet
11	11,000 square feet
12	12,000 square feet to 5 acres

(2) No person shall keep a rooster or a male chicken on any residential lot of less than five acres.

(3) No person who rents the property where chickens are proposed to be kept or maintained may obtain a zoning permit without first receiving written permission from an owner of the property. Such written permission shall be provided to the Zoning Officer.

(4) On properties where the owner is keeping the chickens, the zoning permit shall terminate in the case of change in ownership. On properties that are rented, and the tenants are keeping the chickens, the zoning permit shall terminate on change of tenant.

(5) Applicants for a zoning permit for the keeping of chickens shall present as part of the zoning permit application proof of an education class on the keeping of poultry. The only classes acceptable shall be those attended in person. Online classes will not qualify.

(6) Having received a zoning permit, a permit license shall be obtained from the Borough Clerk annually at a fee of $25, regardless of the amount of chickens maintained. The Borough Clerk shall have the authority to determine the paperwork, filing deadlines and procedures governing this licensing.

(7) No person shall keep or maintain chickens for consumption or sale. Chickens may not be slaughtered on the property.

(8) Chickens shall be kept in a roofed shelter or coop, which shall provide a minimum of three square feet per adult bird, and shall also include a fully enclosed fenced chicken run that provides a minimum of five square feet per adult bird. The run shall be attached to the coop such that chickens are at no time outside of both the coop and run. The shelter/coop shall be counted as part of the accessory structure percentage which shall, in total, not exceed 1% of the subject property.

(9) Chickens are not permitted to roam freely beyond the limits of the shelter/coop or chicken run.

(10) The chicken shelter shall be bird, rat and predator proof, and designed to be visually compatible with the residential area.

(11) Chain-link, metal wire or mesh fence shall fully enclose the chicken run and be securely constructed with fence or netting overhead to keep the chickens separated from other animals. Chicken run fencing shall not exceed a height of six feet.

(12) A chicken shelter/coop and chicken run are only permitted in the rear yard and shall comply with the accessory structure setbacks for the zone, but in no case shall be less than seven feet from the adjoining property line.

(13) In no case shall a chicken shelter/coop or chicken run be located closer than 30 feet to any dwelling on an adjoining lot.

(14) The chicken shelter/coop shall comply with applicable impervious and building coverage standards for the zone.

(15) The fenced chicken run shall be well drained so that there is no accumulation of moisture. The floors and walls of the chicken shelter or coop shall be kept in a clean and sanitary condition, with all droppings collected at least weekly. Droppings shall be kept in a covered and secured metal container until disposed of or transported off-premises.

(16) All chicken feed shall be kept in a covered and secured metal container off of the ground and inside the coop. All feedings shall occur inside of the coop and not in the chicken run.

(17) Permits shall be obtained for the chicken shelter/coop: construction, electric, and plumbing, as applicable. Electric lines shall be installed underground. Electrical connections to a coop must be done by permit and be permanent in nature.

(18) If, for any reason, an applicant no longer keeps and raises chickens, they shall be removed from the property in a humane manner.

(19) It is intended that penalties for violations of provisions in this code subsection are as specified in § 89-117, Violations and penalties, or as amended. Any violation of these standards may be grounds for the revocation of the zoning permit permitting the keeping and maintenance of chickens.

(20) The Zoning Officer and/or Code Inspector shall have the right to periodically inspect the premises to ascertain compliance with these regulations.

(21) Chickens shall be kept and maintained at all times in a humane manner and in accordance with good agricultural practices. The Animal Control Officer/Cruelty Investigators shall have all powers under N.J.S.A. 4:19-15.16c to ensure the chickens are maintained in a humane way and under humane conditions. Any failure to comply with the Animal Control Officer/Cruelty Officer shall be grounds for revocation of the zoning permit permitting the keeping and maintenance of chickens.

(22) The Monmouth County Board of Health, and/or any similar body the Borough contracts with for public health services, shall have the power to investigate any claims under their jurisdiction related to the keeping and maintenance of chickens. Any failure to comply with such body shall be grounds for revocation of the zoning permit permitting the keeping and maintenance of chickens.

(23) If the zoning permit permitting the keeping and maintenance of chickens is revoked, the chicken shelter/coop and chicken run shall be removed from the premises.

§ 89-33 General modifications.

The following modifications to the requirements of this chapter are permitted under the terms and specifications herein stated:

A. Height.

(1) The height limitations of this chapter shall not apply to church spires, belfries, cupolas, chimneys, ventilators, skylights, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve, and they shall be screened from street view or otherwise incorporated into the architectural theme of the building.

(2) The individual seeking to erect such structure has burden of proof that the requested height of the structure is necessary to accomplish the purpose for which it is to be erected. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet.

B. Projection. Chimneys, cornices or eaves may project into any front, side or rear yard not more than 24 inches provided the total area of the projection does not exceed nine square feet. An open or lattice-enclosed fire escape or fireproof outside stairway may project into any yard not more than 25% of the distance from the building wall to the lot line. There shall be no other projections into yards of more than four feet. Under no circumstances shall any projection be closer to any lot line than four feet in any residential zone.

C. Undersize lots of record. Any lot with an area or width less than that prescribed for a lot in the zone in which such lot is located, if such lot was in existence as a single lot at the date of the adoption of this chapter, and the owner thereof owns no adjoining land and has owned no adjoining land since the adoption of this chapter, may be used as a lot for any purpose permitted in the zone, provided that no lot of less than 5,000 square feet in area or 50 feet in width may be used for any purpose permitted in the zone in which they are located. The above applies if such lots were included in a subdivision plat which was either duly approved under the Municipal Planning Act of 1953 or prior to the effective date of this chapter and final approval was obtained within three years from the date of 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.

D. Yards. Upon application, the Zoning Officer may vary the yard requirements of a lot to permit the construction of a building in accordance with the following standards:

(1) Front and rear yards may be reduced provided they are not less than the average alignment of the front or rear yards in existence in the same block or within 200 feet of the lot under consideration and on the same side of the street.

(2) Combined total side yards may be reduced by one foot for each foot a lot is less than the required width prescribed for the zone in which such lot is located; provided that such is deemed necessary to permit construction thereon and provided that no principal building shall be placed nearer than four feet to any property line.

§ 89-34 Principal uses permitted in all zones.

A. Municipal buildings and facilities deemed appropriate by the governing body.

B. Public schools accredited by and which meet the minimum site size standards of the New Jersey Department of Education and private schools which are accredited by and affiliated with a recognized educational organization. Schools shall meet the yard and bulk requirements of the schedule, § 89-47.[1]

[Amended by Ord. No. 4-97]

[1] Editor's Note: Said schedules are included as Exhibit 3 at the end of this chapter.

§ 89-35 Accessory uses permitted in all zones.

A. Essential services as defined in the Code of the Borough of Eatontown.

B. Off-street parking in accord with the regulations herein.

C. Signs in accord with the regulations of Article XI of this chapter.

D. A satellite dish antenna is a permitted accessory use in all zones provided the lot on which it is located contains a principal structure and meets the following requirements:

[Amended by Ord. No. 5-86; Ord. No. 6-93]

(1) A satellite dish antenna is not permitted in the front yard of any structure.

(2) A satellite dish antenna must meet side and rear yard setback standards for an accessory building for the zone in which the antenna is located.

(3) A satellite dish antenna must be either freestanding ground-mounted or roof-mounted.

(4) Power control and signal cables from a satellite dish antenna to the served structure shall be buried underground and installed in accordance with the appropriate electrical and building codes.

(5) A satellite dish antenna must be appropriately screened to minimize visibility from the street and adjacent properties.

(6) The diameter of a dish antenna shall not exceed 12 feet.

(7) A satellite dish antenna that is ground-mounted must be erected in accordance with appropriate building codes.

(8) The overall height from the base level to the highest point of a satellite dish antenna (ground- or roof-mounted), including support structures, shall not exceed 14 feet.

(9) Any property owner shall, prior to the placement of a satellite dish antenna, submit to the Zoning Officer a detailed plan showing the size of the satellite dish antenna, the proposed location of the same on the subject premises and any other information as may be required herein.

(10) This article is a zoning regulation. It is not meant to impose unreasonable limitations on, or prevent, reception of satellite-delivered signals by receive-only antennas or to impose costs on the users of such antennas that are excessive in light of the purchase and installation cost of the equipment. Relief from the terms of this chapter shall be effected by application for a variance from the terms of this article presented to the Board of Adjustment of the Borough of Eatontown.

(11) More than one satellite dish antenna per lot shall be permitted in the Regional Planned Enclosed Shopping Center Zone provided each satellite dish antenna meets the requirements of the other sections of the Zoning Ordinance and development regulations of the Borough of Eatontown.

[Amended by Ord. No. 11-96]

E. Any accessory use clearly incidental to the principal use on the lot, provided that any and all regulations of the Borough Code are met.

[Amended by Ord. No. 5-86]

§ 89-36 Off-street parking and loading.

A. Off-street parking space shall be provided as specified in the schedules of § 89-47[1] and shall be provided with the necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated unless otherwise stated and shall not thereafter be encroached upon or reduced in any manner. Such parking areas shall be clearly lined for car spaces except when provided in conjunction with one-family and two-family use and shall be adequately drained subject to approval of the Borough Engineer. For one- and two-family uses, parking areas provided in the front yard shall be hard surfaced to the limits to accommodate the spaces required in the schedules of § 89-47. All hard-surface parking in any front yard of a residential zone shall be subject to the maximum impervious requirements as indicated on the schedules of § 89-47.

[Amended 12-5-2012 by Ord. No. 33-2012; 5-13-2015 by Ord. No. 06-2015]

[1] Editor's Note: Said schedules are included as Exhibit 3 at the end of this chapter.

B. When more than one building or use is located upon the same lot or more than one use is carried on in the same building, off-street parking shall be provided for each building or activity as if they were separate buildings or uses.

C. Where parking spaces are required on the basis of the number of employees, the largest number of employees present for duty at any one time shall be the number used to calculate the required number of parking spaces.

D. Where parking spaces are required on the basis of the number of square feet, the number of square feet shall be determined by measuring the exterior perimeter of a particular building. For a regional enclosed planned shopping center, the number of parking spaces required shall be calculated based on the gross leasable area of the shopping center. If the mix of uses proposed is atypical of a regional enclosed shopping center, then the municipal approving agency may require that the applicant submit a parking analysis to evaluate the adequacy of the parking arrangement. If necessary, additional parking in excess of the minimum required standard prescribed by ordinance may be required. Uses typical of shopping centers include, but are not limited to, retail stores, restaurants, and cinemas. Trip Generation issued by the Institute of Transportation Engineers should be used as a general guideline for evaluating the use mix typical of shopping center development.

[Amended by Ord. No. 11-90; Ord. No. 16-92]

E. Where the parking standard for one use is on the basis of one item, or a second item, the standard requiring the largest number of parking spaces shall apply.

F. Where the parking standard is on the basis of one item and a second item, both standards shall be met individually.

G. The collective provisions of off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings and/or uses computed separately and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.

H. Any parking area for four or more vehicles which abuts, is across the street from, or within a residential zone shall be attractively shrubbed on its entire periphery by the planting of staggered and overlapping evergreen and deciduous trees and shrubs of such specie and size as will produce within two growing seasons (May through September), after planting, a screen at least eight feet higher than the maximum elevation of the adjacent parking area and of such density as will obscure 75% of the light emitted from automobile headlights on the premises throughout the full course of the year. Where the adjacent land elevation is higher than the maximum elevation of the adjacent parking area, trees and shrubs shall be at least two feet in height, satisfaction of the eight foot requirement notwithstanding. Where such parking area is for 25 or more vehicles the approving board may require an earth mound of a feasible height in addition to screen planting. The height requirement for screen planting may be reduced by the height of a required earth mound but to not less than four feet. Where such screening is required, it shall be assured by a performance guarantee posted with the Borough Council in an amount equal to 50% of the estimated cost of trees and shrubs and planting. Such guarantee shall be released only after passage of the second growing season (May through September) following planting. Soil shall be seeded in grass, dead shrubbery shall be replaced, and the entire area attractively maintained. (See § 89-39.)

I. In residential zones, all parking areas except those serving one- and two-family dwellings shall be in other than the required front yard area. In other zones, parking areas may be in any yard area.

J. No parking area shall be within a required buffer zone. No parking area in any zone containing between four and 50 parking spaces shall be closer than 35 feet to another property which is within a residential zone or closer than 20 feet to a street line. Parking areas containing 50 or more parking spaces shall not be closer than 50 feet to another property which is within a residential zone, nor closer than 30 feet to a street line. In no event shall any parking area be closer than 10 feet to any lot line.

K. Every parking area in any zone containing more than 10 parking spaces shall be provided with internal shade trees at a rate of one tree for each 15 parking spaces or fraction thereof. Said trees shall be of a type approved by the Shade Tree Commission and shall have a minimum caliper of "two to 2 1/2 at one foot." Large shade trees as defined in § 89-4 shall be installed at forty-foot minimum on center around the perimeter of the parking lot and on both sides of the driveways. Small shade trees as defined by § 89-4 shall be installed at 25 feet minimum on center, instead of large shade trees, if planting location is within 15 feet of an overhead utility. There shall be a minimum of one nine feet by 19 feet tree island with one large shade tree within the parking lot for every 15 parking spaces. There shall be no more than 20 spaces contiguous. Small shade trees shall be installed, instead of large shade trees, if planting location is within 15 feet of an overhead utility. For parking lots more than one interior parking row of parking, every second row of parking shall have a nine-foot minimum wide curbed planting strip with large shade trees which shall be installed at 40 feet minimum on center, if planting location is within 15 feet of an overhead utility. Adequate and appropriate shrubs shall be installed in between the shade trees to finish landscaping the planting strip.

[Amended by Ord. No. 6-2001]

L. (Reserved)

[Amended by Ord. No. 16-93]

M. None of the off-street parking facilities required by this chapter shall be required for any existing building or use, unless said building or use shall be enlarged or extensively altered, in which event off-street parking shall be provided up to the standards of this chapter insofar as possible and reasonable.

N. All uses other than one- and two-family dwellings shall provide screened areas for truck loading and unloading of sufficient size to permit the transfer of goods and products in other than a public street, public parking area or any area designated as fulfillment of the off-street parking requirements of this chapter. The access to and egress from such areas shall be so designed as to avoid the backup of vehicles waiting to load or unload and to minimize interruption of traffic flow on adjacent street.

O. No commercial vehicle shall be parked out-of-doors overnight in a residence zone; provided, however, said restriction shall not apply to one commercial motor vehicle of a rated capacity of 3/4 ton or less, owned or used by the resident of the premises to go to and from business, which vehicle may be parked or garaged overnight on any premises within a residential zone; provided further, however, that no commercial motor vehicle shall be stored between the street line and the line of the front wall of the main building extended to the side lines of the lot, and no permitted commercial motor vehicle parked in a residential zone may have a load extending more than four feet beyond the rear or front of the body, or any lateral projection on the top in excess of 18 inches or on the sides in excess of 12 inches. Overnight parking shall consist of continuous parking of one hour or longer duration between the hours of 2:00 a.m. and 5:00 a.m. prevailing time. Excluded from these prohibitions are emergency or service vehicles while actually engaged in emergency or service calls.

P. No trailers designed or used for hauling or transportation, and no trailers designed or used for dwelling purposes, shall be regularly parked or stored on or in the vicinity of any lot in a residential zone; nor shall any of the same be parked or stored on or in the vicinity of any lot in a nonresidential zone for more than a twenty-four-hour loading or unloading period.

Q. In a residential zone, not more than one boat trailer and one boat and one recreation vehicle not occupied on the premises may be parked or stored outdoors in the rear yard of a lot only, providing the minimum yard requirements for an accessory building in that residential zone are observed.

R. No bus may be habitually parked on the streets or off-street in a residential zone.

S. A permit shall be required from the Borough of Eatontown Police Department for any overnight parking on public property other than a public street.

§ 89-36.1 Electric vehicle supply/service equipment (EVSE) and make-ready parking spaces.

[Added 4-27-2022 by Ord. No. 06-2022]

A. Approvals and permits.

(1) An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

(2) EVSE and make-ready parking spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection A(1) above.

(3) All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

(4) The Zoning Officer, Code Enforcement Officer, and/or the Construction Official shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Eatontown's land use regulations.

(5) An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

(a) The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

(b) All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

(c) The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.

(6) An application pursuant to Subsection A(5) above shall be deemed complete if:

(a) The application, including the permit fee and all necessary documentation, is determined to be complete;

(b) A notice of incompleteness is not provided within 20 days after the filing of the application; or

(c) A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

(7) EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

(8) A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

B. Requirements for new installation of EVSE and make-ready parking spaces.

(1) As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

(a) Prepare as make -ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;

(b) Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3of the original 15% of make-ready parking spaces; and

(c) Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.

(d) Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

(e) Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.

(2) As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection B(1) above shall:

(a) Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

(b) Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

(c) Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

(d) . Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

(e) Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

(f) In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

(g) Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.

(h) Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.

C. Minimum parking requirements.

(1) All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 89-36.

(2) A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

(3) All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

(4) Additional installation of EVSE and make-ready parking spaces above what is required in Subsection B above may be encouraged, but shall not be required in development projects.

D. Reasonable standards for all new EVSE and make-ready parking spaces.

(1) Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

(2) No off-site advertising is permitted on any EVSE or make-ready parking spaces.

(3) No flashing lights are permitted to be installed on any EVSA or make-ready parking spaces.

(4) Maximum height of seven and one-half feet for any structure associated with and EVSE or make-ready parking space.

[Amended 12-6-2023 by Ord. No. 33-2023

(5) Installation.

(a) Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

(b) Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

(c) To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(d) Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(6) EVSE parking.

(a) Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.

(b) Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

(c) Private parking. The use of EVSE shall be monitored by the property owner, or designee.

(7) Safety.

(a) Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection D(8) below.

(b) Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Borough of Eatontown' s ordinances and regulations.

(c) Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

(d) EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in e. below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

(e) Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

(f) Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(g) Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Borough of Eatontown shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

(8) Signs.

(a) Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from, the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.

(b) All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

(c) Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection D(8)(b) above.

(d) In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:

[1] Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

[2] Usage fees and parking fees, if applicable; and

[3] Contact information (telephone number) for reporting when the equipment is not operating or other problems

(e) No off-site advertising is permitted on any signage associated with an EV charging station.

(f) Maximum height of four feet for any signage associated with an EV charging station.

(g) No flashing or other type of distracting illumination is permitted.

(9) Usage fees.

(a) Private EVSE: Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.

§ 89-37 Access points and driveways.

A. Access points shall be limited to one combined ingress and egress driveway or one each ingress and egress driveway on all frontages of less than 100 feet. Frontages of at least 100 feet but less than 300 feet shall be permitted two driveways for ingress and two driveways for egress either individually or in combination. Frontages of at least 300 feet but less than 500 feet shall be permitted three driveways for each ingress and egress either individually or in combination. Frontages of 500 feet or more shall be permitted four driveways for each ingress and egress either individually or in combination.

B. Driveways or curb cuts shall be not less than 20 feet or more than 36 feet in width except in conjunction with single-family homes. This requirement shall not be applied, however, to preclude the provision of adequate curb radii.

C. No access point shall be closer than 50 feet to the intersection of public streets, measured from nearest curbline of driveway to nearest curbline of intersecting street, extended as necessary for measurement purposes.

D. The placement and design of access points shall not create a hazardous condition and shall minimize conflict with the flow of traffic on adjoining streets. Access points shall be subject to approval by state and county authorities when affecting roads under their jurisdiction.

E. Setbacks.

(1) Driveways serving single-family dwellings shall be not closer than seven feet or 1/2 the required one side yard in the applicable zone, whichever is greater, to a side lot line. Those serving other uses shall be not closer than one fifth of the required lot width in the applicable zone to a side lot line up to a maximum distance of 50 feet. In no event shall a driveway be within a required buffer zone except for crossing to connect with public streets.

(2) Driveways in the R-20/R-TH/SCH Overlay Zone when adjacent to a side tract boundary line separating the overlay zone from the BP-2 Zone shall be no closer than 10 feet to the side lot line at the point where the driveway meets the street line and shall be no closer than 25 feet to the side lot line of all other locations at and behind a point 50 feet back from the street line.

[Amended by Ord. No. 09-2002]

F. Access driveways within parking areas shall be of the following minimum widths:

	Width of Aisle
Angle of Parking	One-Way	Two-Way
90 degrees	22 feet	25 feet
60 degrees	18 feet	20 feet
45 degrees	12 feet	18 feet
30 degrees	12 feet	18 feet

§ 89-38 Preservation of natural features.

A. Topsoil shall not be removed from any lot or parcel except upon the granting of a special permit by the Borough Council pursuant to Chapter 278, Soil Erosion and Sediment Control, of the Code of the Borough of Eatontown. Topsoil shall not be removed from the corporate limits of the Borough. Subsurface soil or other subsurface material shall be removed only in conjunction with construction and only to the extent required to execute an approved site plan.

B. No live tree or shrub as defined in this chapter shall be removed from any lot without first meeting the requirements of § 89-3C. The applicant shall preserve not less than 15% of existing standing trees and related shrubs and undercover. The percent of the wooded areas to be preserved shall be calculated as the percent of the total site area (excluding environmentally critical areas) referred to in the tree removal and site clearing permit. Certain paved or otherwise covered areas (such as areas within parking lot) under the canopy of a mature standing tree out to the drip-line, may be included as part of the undisturbed area. When this is done, adequate pervious ground areas encompassing the root crown of each tree must meet the arboricultural standards required to support the life of each such species of tree.

[Amended by Ord. No. 22-90]

C. Every effort shall be made to retain all natural watercourses during subdivision and site planning, incorporating appropriate measures of stream management and improvement to assure the continued functioning of such watercourses as a part of the drainage system of the Borough. While this provision shall not be interpreted to prohibit the rechannelization or piping of watercourses, the Planning Board may require developers to weigh hardship which would be imposed by the continuance of a watercourse at its existing location. In any residential zone, no principal or accessory building shall be constructed closer to the center line of a watercourse which carries water six months or more during a year than a distance equal to 1/2 the minimum lot depth for a single-family home in that zone. In no event shall the elevation of any floor within a structure for human habitation be lower than one foot above the one-hundred-year flood elevation within any flood-prone or floodplain area.

D. Wherever this chapter imposes a screening requirement, a swath of existing vegetation shall be preserved if such natural ground cover already exists in the appropriate location and in appropriate quality and density. If necessary such existing vegetation shall be supplemented by nursery stock in accordance with the details of the approved site plan.

[Amended by Ord. No. 3-80; Ord. No. 22-90]

E. Wherever this chapter would impose a landscaping and seeding requirement, natural vegetation shall be preserved in all areas where it exists in appropriate quality and quantity and has attained a height of at least six feet. The landscaping and seeding requirement shall still apply, in part or fully because of regrading or inadequate vegetation, in accordance with the details of the approved site plan.

[Amended by Ord. No. 22-90]

§ 89-39 Landscaping, buffering and screening.

A. In conjunction with multifamily, commercial, industrial, and residential development, all areas of a lot not occupied by buildings, pavement or other surfacing, or other required improvements, or undisturbed areas in which trees, shrubs, and undercover do not exist in the appropriate quality and quantity, shall be landscaped by planting grass and/or ground cover, shrubs and trees. Such trees and shrubs shall be a type approved by the Shade Tree Commission and the trees shall have a minimum caliper of 2 1/2 inches at a height of one foot. Placement of the plant material shall be appropriate to enhancement of the property and in accordance with a landscape plan approved by the Site and Design Committee. Minimum evergreen screening tree size shall be six to eight foot tall. Trees shall be planted four feet minimum with a preference to six feet from sidewalks, pavement, curbs or other impervious surfaces, except buildings where trees shall be planted a minimum of 10 feet away. All shade trees and screening trees shall be noninvasive species and varieties required by the Borough Code at § 89-83 and as approved by Eatontown Shade Tree Commission. Only small shade trees shall be planted under or within 15 feet of an overhead utility. No large or medium shade trees will be permitted. (See definition section for size of trees.) No certificate of occupancy shall be given until shade trees are installed as required by approved site plan for that lot. If the site is ready but is not in the proper planting season, a temporary certificate of occupancy (TCO) will be used. Trees must be planted within six months of issuance of TCO. At such time the trees are accepted by the Borough Arborist or Borough Engineer, a certificate of occupancy shall be issued. The following species diversity shall be used: Whenever an application plan calls for five to 10 plantings, two or more different kinds of species shall be planted. If between 11 and 20 plantings, four or more species shall be planted; between 21 and 35, five or more species shall be used; and if more than 36 plantings are to be used, an additional species be provided for every 12 plantings and the minimum diversity amongst plantings shall be 10%. All shade, ornamental and screening trees shall be balled and burlapped.

[Amended by Ord. No. 22-90; Ord. No. 6-2001; 3-9-2022 by Ord. No. 05-2022]

B. In order to provide adequate buffering between uses of differing classifications, a buffer zone shall be provided in conjunction with the development of any nonresidential use on a lot adjacent to or across a street from a lot zoned for residential or public purposes. This requirement shall not apply to a street line, however, where the nonresidential use and the residential zone or public zone are separated by Route 35, Route 36, Wyckoff Road or Tinton Avenue. Such buffer requirements shall apply to every property line that abuts or is across any other street from a lot in any residential or public land zone. In a B-1 Zone, the width of the buffer zone shall be a minimum of 10 feet. In a B-2, B-2MH or M-2 Zone, the minimum width of the buffer zone shall be 20 feet and that shall be the requirement for a building or group of buildings on one lot up to 10,000 square feet in gross floor area. In the B-4, MB and PBO-88 zones, the minimum width of such buffer zone shall be 50 feet and that shall be the requirement for a building or group of buildings on one lot up to 20,000 square feet in gross floor area. In the BP-1 Zone, the minimum width of such buffer shall be 100 feet for any use, building or group of buildings. Where lots in the BP-1 Zone face any single-family residential zone on Weston Place, the minimum width of such buffer shall be 150 feet for any use, building or group or buildings. In a B-3, M-1, BP-2 or PBO-200 Zone, the minimum width of such buffer shall be 100 feet and that shall be the requirement for a building or group of buildings on one lot up to 65,000 square feet in gross floor area. In the B-2, B-2MH or M-2 Zone, the width of the buffer shall be increased by one foot for each 1,000 square feet of gross floor area or fraction thereof that the building or group of buildings on the lot exceeds 10,000 square feet in gross floor area. In the B-4, PBO-88 or BP-1 Zone, the width of the buffer zone shall be increased by one foot for each 1,000 square feet of gross floor area or fraction thereof that the building or group of buildings on the lot exceeds 20,000 square feet in gross floor area. In an MB Zone, the width of the buffer zone shall be increased by one foot for each 1,000 square feet of gross floor area or fraction thereof that the building or group of buildings on the lot exceeds 20,000 square feet in gross floor area. In the B-3, M-1, BP-2 or PBO-200 Zone, the width of the buffer zone shall be increased by one foot for each 1,000 square feet of gross floor area or fraction thereof that the building or group of buildings on the lot exceeds 65,000 square feet in gross floor area. The buffer requirement along lot lines abutting property zoned for residential purposes but used for nonresidential purposes may be reduced to 60% of the computed width requirement but no such reduction shall result in a buffer of less than 90 feet and must otherwise meet all requirements. If the required 100 foot buffer is provided on any property within the R-TH/SCH overlay of the MB Zone adjacent to any undeveloped commercial property within the MB Zone, no additional buffering shall be required on the adjacent MB zoned parcel upon future development of that parcel for any use permitted in the MB Zone.

[Amended by Ord. No. 13-80; Ord. No. 6-92; Ord. No. 17-2000]

C. Within any required buffer zone, the reviewing board shall require an earth mound (berm) where it is deemed necessary to accomplish the intent and purpose of the buffer requirement unless the existing conditions of topography, vegetation or other circumstances are such that the earth mound cannot be constructed physically or the construction of the same would impair achievement of the intent and purpose of the buffer requirement. The purpose of such mound shall be to provide a sight and sound barrier between the nonresidential use and the residential or public zone land. Such mound shall be of an appropriate height to create to the maximum extent feasible a total sight barrier blocking the view of parking and building(s) on the nonresidential lot from the residential or public zone land and to provide for a maximum noise level as established by Chapter 218, Noise, at 10 feet above ground elevation at the closest lot lines of the lots in a residential or public land zone. The maximum height of earth mound which shall be required shall be 10 feet. The minimum width of the top of a berm shall be eight feet and the minimum slope of the sides of a berm shall be 3:1 unless the slope is planted with low-maintenance ground cover in which case it may be increased up to 2:1. Screen planting as required by § 89-39G shall be modified as necessary to provide for evergreen trees to span the earth mound [see § 89-39G(3)]. The foregoing specific standards are set forth for the guidance of the reviewing board. The foregoing general language is to permit a cooperative endeavor between applicants, the reviewing board and the public to maximize accomplishment of purpose even where that requires reasonable deviation from the specific standards. Where required by the Borough for purposes of proper drainage, the berm may be broken.

[Amended by Ord. No. 13-80]

D. Where a nonresidential use is established across the street from a residential zone, no use, activity or building other than permitted signs and accessways shall be permitted closer to that street line than the setback for parking areas from that street line as required by § 89-36J.

E. In addition to the buffer zone requirement, nonresidential buildings abutting a residentially zoned lot shall observe the following setbacks from all lot lines which are common with the residentially zoned lots unless the requirements of the schedule for the subject yard plus the required buffer zone is greater, in which case the greater requirement shall apply:

(1) Permitted nonresidential use in a residential zone: 50 feet.

(2) Commercial, business and office uses in:

(a) B-1, B-2 and B-2MH zones: 50 feet;

(b) All other zones: 150 feet.

(3) Industrial, research, and shopping center uses in:

(a) M-2 Zone: 50 feet;

(b) All other zones: 150 feet.

(4) All uses in the BP-1 and BP-2 Business Park Zones: 150 feet.

[Amended by Ord. No. 6-92]

F. Screening shall be installed and maintained in all required buffer zones, Screening also shall be installed and maintained along all exterior tract boundaries of all garden apartment, townhouse, patio home, quadplex or zero-lot-line home projects and of all mobile home parks. Screening also shall be installed and maintained around the entire perimeter, other than access points, of all parking areas for four or more vehicles unless such parking area is otherwise screened by a buffer zone. This requirement shall be coordinated with the requirements of § 89-32K. Whether or not in conjunction with an earth mound as described in § 89-39C, intent of screening shall be to visually screen to the maximum extent feasible parking, lighting and buildings from adjacent residential areas to provide for a maximum noise level as established by Chapter 218, Noise, at any adjacent residential property line, measured 10 feet above ground level at the property line and to break up the visual impact of large parking areas.

[Amended by Ord. No. 27-81]

G. Within required buffer zones screening shall consist of the following:

(1) A fence of not less than six feet in height shall be erected immediately inside the property line or buffer zone on the lot on which the nonresidential use is being developed. Subject fence shall be green vinyl covered chain link or comparable.

(2) Within a required buffer zone in a B-1 Zone, two rows of evergreen trees shall be planted, staggered on center, and within a required buffer zone in a B-2 or M-2 Zone, a minimum of three rows of evergreen trees shall be planted, staggered, at not more than five feet on centers within each row. In a B-2 or M-2 Zone, at least a fourth row of trees, evergreen or deciduous, shall be planted within a required buffer area of 25 feet or more but less than 45 feet in width. In all zones except the B-1 Zone where a buffer strip of at least 45 feet but less than 60 feet in width is required, a minimum of five rows of trees shall be planted. The first row shall be approximately 10 feet from the property line being screened. The first row shall be evergreen trees of a type retaining lower branches through maturity; not less than eight feet in height at planting and planted at six feet on centers. The second row shall be approximately 18 feet from the property line being screened; deciduous trees with moderate to fast growth characteristics; not less than 10 feet in height at planting and planted at 20 feet on centers. The third row shall be evergreen trees having the characteristics and planted at the same standards as the first row, but with the trunks off-set three feet from the trunks of the first row. For each full 10 feet of width of buffer zone required in excess of 50 feet, an additional row of trees shall be required. All trees shall be planted as specified above with successive rows alternating between evergreen and deciduous trees. The reviewing board with the advice of the Shade Tree Commission may waive the rigid spacing requirements above for purposes of accommodating retained natural vegetation or a more informal pattern of planting which will fulfill the intent of this section or to accommodate evergreen plantings on the top of a berm. See Exhibit 2.[1]

[Amended by Ord. No. 13-80]

[1] Editor's Note: Exhibit 2 immediately follows § 89-39L, below.

(3) Where an earth mound (berm) is required, screen planting of evergreen trees shall span the top of the mound. Such planting shall be not less than two staggered rows of evergreen trees two feet apart, each row planted with trees eight feet on center. Said trees shall meet the size specification of § 89-39G(2).

[Amended by Ord. No. 13-80]

H. Along property lines other than street lines of garden apartment projects or mobile home parks screening shall consist of three rows of trees, two evergreen rows and one deciduous row, planted in accordance with the specifications of § 89-39G(2).

I. Around the perimeter of parking areas for four or more vehicles screening shall consist of the planting of staggered and overlapping evergreen and deciduous trees and shrubs of such specie and size as will produce within two growing seasons (May through September), after planting, a screen at least eight feet higher than the elevation of the adjacent parking area and of such density as will obscure 75% of the light emitted from automobile headlights on the premises throughout the full course of the year. Where the adjacent land elevation is higher than the parking area at elevation, trees and shrubs shall be at least two feet in height, satisfaction of the eight-foot requirement notwithstanding.

[Amended by Ord. No. 3-80]

J. Wherever this section would create a conflict with § 89-32K, the reviewing board may alter the height or spacing requirements as necessary to eliminate the conflict.

K. Wherever a screening requirement is imposed and to the extent that general landscaping is in fulfillment of the specific requirement of §§ 89-37 and 89-38 a guarantee in the form of a surety bond, cash or security deposit, certificate of deposit or other form acceptable to the Borough Council shall be provided to Borough Council in an amount equal to 50% of the cost of plant material and planting to assure the vitality of all such plant material for two years after planting. After two full growing seasons (May through September) following planting, any portion of such guarantee not required to replace dead plant material subject to the guarantee shall be returned to the depositor. The passage of the two-year period and release of any portion of the guarantee shall in no way limit the responsibility of the property owner to maintain the plant material continuously thereafter.

L. In support of the intent of buffering to provide a visual screen, the exterior color of nonresidential buildings shall be subject to the approval of the reviewing board as part of site plan review. The choice of color shall be the prerogative of the applicant but shall be a color which will blend into the vista from the residential or public land zone, especially during the dormant period of the deciduous trees within the buffer zone.

[Amended by Ord. No. 3-80]

EXHIBIT 2

§ 89-40 Fences and walls.

A. No fence or wall hereafter erected, altered or reconstructed in any residential zone or on lots in any other zone on which residential buildings exist shall exceed 2 1/2 feet in height above the street level when located within 25 feet of any street line or more than six feet above ground level at the base of the fence or wall when located more than 25 feet from the street line. See § 89-32K.

[Amended by Ord. No. 7-98]

B. No fence or wall hereafter erected or reconstructed in any business zone shall exceed a height of six feet above ground level unless required for security purposes.

C. No fence or wall hereinafter erected, altered or reconstructed in any industrial zone shall exceed a height of eight feet above ground level unless required for security purposes.

D. The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding eight feet in height above ground level anywhere within a public park, public playground, a public school property, or around a commercial recreation use where such fence is for the purpose of containing an implement or missile necessary for the conduct of such recreational activity, or around outdoor storage within a commercial zone which conforms with all requirements of this chapter. Neither shall the foregoing be applied to restrict the erection of a retaining wall.

E. Nothing herein shall be applied to restrict the erection of suitable windbreaks for the winter protection of trees, shrubs, and other vegetation or the erection of protective fences around permitted public utility uses in excess of height limitations.

F. Every fence and wall shall be maintained in a safe, sound and upright condition and shall be subject to the inspection of the Construction Official.

G. Encroachments; finished side of fence.

(1) All fences and walls must be erected within property lines and no fence or wall shall be erected which will encroach upon a public right-of-way or public easement without the issuance of a revocable license by the Borough of Eatontown. The aforesaid revocable license may be terminated by the Borough of Eatontown at any time with three days written notice to the licensee and the Borough of Eatontown shall not be liable to the licensee for any cost incurred by the licensee by the termination of the revocable license. The licensee shall agree to indemnify and hold the Borough harmless from any costs incurred by the Borough of Eatontown in terminating the revocable license or in removing the fence. The revocable license shall run with the land and shall be of no force or effect until it is recorded by the licensee at the licensee's expense. The licensee shall provide a true copy of the recorded agreement to the Borough of Eatontown within 10 days of its recording.

[Amended by Ord. No. 5-91]

(2) The "finished" side of the fence shall face outward from the property on which it is erected unless the reviewing board approves, for cause, a site plan permitting the opposite.

[Amended by Ord. No. 5-91]

H. Nothing in these requirements shall be construed to countermand the requirements of § 89-32K.

I. If a Borough official upon inspection determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, sound, upright condition, he shall notify the Construction Official in writing of his findings and state briefly the reasons for such findings. The Construction Official shall then determine if such wall or fence is an unsafe structure in accordance with the provisions of the Building Code of the Borough of Eatontown.

§ 89-41 Outdoor displays.

Permitted business uses may display automobiles, garden and lawn supplies and equipment, trees and shrubs and Christmas trees intended for sale on the premises outside of and adjacent to the principal structure in which such use is carried on, provided that such outdoor selling or storage areas shall be on a predesignated, all-weather hard surface, and shall not encroach upon any of the required yard areas, or, in the case of vehicles, the required setback for parking areas, and further provided that the area set aside for such outdoor selling or storage shall not exceed an area equal to the gross floor area of the principal building. In the calculation of the percentage of the lot occupied by the buildings and required off-street parking area, the area of such outdoor selling or storage areas shall be included in the same manner as the area of the principal building. The area to be used for any such outdoor selling or storage areas shall be appropriately set forth at the time of application for a building and zoning permit. Any subsequent establishment or relocation of such areas shall be subject to the issuance of a supplementary zoning permit. Nothing in this paragraph shall be construed to permit the outdoor storage of goods in transit or goods intended for sale other than at the point of storage.

§ 89-42 Swimming pools.

[Amended by Ord. No. 27-81; 2-8-2012 by Ord. No. 02-2012]

A. Private swimming pools may be constructed as an accessory use to a one-family dwelling unit or townhouse, patio home, quadplex, zero-lot-line home development, mobile home park projects or garden apartment projects in any residential zone in accordance with the provisions of Chapter 289, Swimming Pools, of the Code of the Borough of Eatontown, subject to the regulations of this chapter.

	Zone	Required Side Yard (feet)	Required Rear Yard (feet)	Set on Corner Lot Abutting Street
	R-10, MLC	7	5	30 feet from property line
	R-20	15	10	50 feet from property line
	R-32	25	10	75 feet from property line
	R-32 FRD	25	10	Corner requirements as set forth below

B. R-32 FRD Zone.

(1) For lots measuring 12,000 square feet to 18,000 square feet in size, the corner lot setback shall be 40 feet from the property line.

(2) For lots measuring 18,000 to 32,000 square feet in size in the R-32 FRD Zone, the corner lot setback shall be 50 feet to the property line.

(3) For lots measuring greater than 32,000 square feet in size in the R-32 FRD Zone, the corner lot setback shall be 75 feet to the property line.

C. Listed above are the setbacks for residential zones in Eatontown for swimming pools. These setbacks would apply to the pool and all appurtenances, such as filter, deck, patio, etc. Only the fencing would be able to be located in a closer proximity to the property line.

D. Pursuant to Chapter 289 of the Code of the Borough of Eatontown, all outdoor swimming pools shall be enclosed by a substantial fence of not less than four feet in height with a self-locking gate, and at no time during the construction is the site to be left unattended while the fence is not in place. A substantial, temporary fence must be maintained during the entire course of the construction of the swimming pool.

§ 89-43 Prohibited uses.

The below-listed structures and uses are specifically prohibited in any zone of the Borough of Eatontown:

A. Any use that has the character or is similar to an auction or a flea market, carnival, circus, bazaar, carousel, roller coaster, merry-go-round, Ferris wheel, pony or train ride, midways, sideshows, miniature golf courses (indoor or outdoor) and golf driving ranges, except that the Council may authorize such uses for a period not to exceed 30 days. The Council, however, may extend the same upon application for additional periods of time not to exceed one year in total. The Planning Board shall have the authority to allow indoor auctions and indoor miniature golf courses as conditional uses in the B-3 Zone provided the space occupied by either activity does not exceed 5% of the overall floor space including any common areas.

[Amended by Ord. No. 8-91]

B. Auctions or flea markets. The Council, however, may authorize such uses for a period not to exceed two days when operated or sponsored by and for the benefit of a public, semipublic, educational, eleemosynary, charitable or religious organization, based in the Borough of Eatontown, provided that:

(1) A favorable report is received by the Recreation Commission if the event involves public lands.

(2) Only one event may occur within the Borough on a given day.

(3) No event is scheduled in a traffic-congested area of the Borough as determined by the Police Department.

(4) No merchandise will be displayed or sales made in or in immediate proximity to an automobile or other motor vehicle.

(5) No group or organization may be permitted more than one event during the calendar year.

(6) The premises upon which the auction or flea market is conducted are returned to their prior condition within 24 hours after termination of the event. If the premises are not so returned, the Borough shall have the right to enter upon them, return them to their prior condition, and assess the cost as a lien upon the land.

(7) The sponsor of any auction or flea market conducted in accordance with the preceding conditions may be required by the Borough Council to furnish either a performance bond or cash or other guarantee acceptable to Borough Council to assure that cleanup occurs after termination of the event.

(8) The prohibition of auctions and flea markets shall not apply to "garage sales," sales of the contents of a single dwelling unit, conducted on the premises of said dwelling unit for not more than two days, as set forth in Chapter 261, Sales, of the Code of the Borough of Eatontown.

C. Penny arcades, shooting galleries, or other places of amusement or entertainment wherein are to be found games, coin-operated amusement, movie or entertainment machines, or similar machines that are operated or used by the public or for the public and paid for by way of money, passes, coupons or other authorization. This chapter shall not prohibit, however, coin-operated Laundromats, dry-cleaning or cafeteria establishments. Neither shall it prohibit the placement or the use of not more than two coin-operated bagatelle and/or amusement machines which are not associated with the primary use or purpose of the structure, which machines shall be licensed in accordance with the ordinance to license coin-operated amusement machines as therein required.

D. Any use which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibration or waste products.

E. The use of any premises or buildings in such a manner that the health, morals, safety, or welfare of the community may be endangered.

F. The use of any premises for the public sale of sex paraphernalia (excepting birth control devices) or for the exhibition of motion pictures by individual viewing machines.

G. The use of any premises predominantly for the public sale of merchandise whose appeal taken as a whole is to a prurient interest and relates to the description or representation of sexual matters.

H. Massage parlor, massage businesses or premises which are retained for use by masseurs and/or masseuses. This section shall not forbid the operation of any facility for massage, bodywork or somatic therapy or physical therapy treatment provided the facility is a duly licensed medical center, hospital, sanitarium or the office of any duly licensed physician, osteopath, chiropractor, or physical therapist, or the office of a massage, bodywork or somatic therapist who has been certified by the Massage, Bodywork and Somatic Therapy Examining Committee of the State of New Jersey and provided that no person, other than massage, bodywork and somatic therapists so certified, shall have any physical contact with patients or persons within the office of the certified massage, bodywork or somatic therapist. In the event that no certifying procedure is established by the Massage, Bodywork and Somatic Therapy Examining Committee at the time of application to the Borough for the operation of an office to conduct massage, bodywork or somatic therapy then such application shall be granted provided the applicant meets the criteria for certification as established in the Massage, Bodywork and Somatic Therapist Certification Act (P.L. 1999, Chapter 19, N.J.S.A. 45:11-53 et seq.). Any application so granted shall be conditioned on the applicant securing a New Jersey certification within six months of the certifying procedure being established.

[Amended by Ord. No. 1-99]

I. Notwithstanding that a restaurant is a permitted use in a particular zone as hereinafter set forth, no drive-in or take-home restaurant shall be permitted in any zone herein defined.

§ 89-44 Individual zone regulations.

A. General. The provisions within this section including the Schedules of Permitted Uses shall govern the individual zones created by this chapter. All uses in all zones shall meet the requirements of the schedules which are hereby declared to be and made a part of this chapter, as such requirements are amplified, expanded, clarified or modified for special circumstances by the text of this section and all other requirements of this and other applicable Borough ordinances and regulations. Uses not specifically listed are prohibited uses except where the language establishing permitted uses provides for other uses such as and similar to the listed permitted uses to also be permitted uses. (See § 89-47.)

B. Regulations applying to the R-32, R-32TH, R-32FRD, R-20, R-20 RSC, R-20/R-TH/SCH, R-10, R-10A, R-10B, R-10 MH, and R-MLC residential zones.

[Amended by Ord. No. 12-79; Ord. No. 16-80; Ord. No. 27-81; Ord. No. 16-84; Ord. No. 5-92; Ord. No. 16-93; Ord. No. 15-95; Ord. No. 21-95; Ord. No. 7-98; Ord. No. 9-2002; Ord. No. 17-2002]

(1) Private garages shall be permitted as an accessory use only to one-family dwelling and farm operations.

(2) In those zones where permitted, private greenhouses and residential storage buildings shall be permitted as accessory uses only to one-family dwellings and farm operations.

(3) Outdoor storage in residential zones.

(a) No storage of manure or other odor or dust producing substances or activities shall be permitted except in conjunction with permitted farm operations and then not within 100 feet of any property line.

(b) No outdoor storage of merchandise, articles or materials shall be permitted in any residential zone. The provisions of this section shall not be construed to prohibit customary accessory uses in residential zones such as patios, picnic tables, outdoor fireplaces and similar uses.

(4) Subject to the provisions of Article IX (Design Standards and Improvement Specifications) of this chapter, within an R-20 Zone District, a developer may elect to create a cluster development of single-family detached homes, in which event the following shall apply:

(a) The size of the tract shall be at least 25 acres in area.

(b) The individual lots within the tract shall meet the requirements and specifications of the schedule (§ 89-47) establishing minimum standards for lots in cluster residential developments.[1]

[1] Editor's Note: Said schedule is included as part of Exhibit 3 at the end of this chapter.

(c) The number of lots permitted in a cluster development shall be determined by dividing the minimum permitted lot size for conventional development in the applicable zone (20,000 square feet) into the total area (in square feet) of the tract less any area required to be dedicated for the widening of any preexisting public streets which abut the tract. The resulting number is the number of lots which may be created.

(d) Land area not platted into lots shall be developed as streets or other required public improvements, offered for dedication to the Borough, or transferred to the ownership of a homeowners' association pursuant to the New Jersey Condominium Act[2] or similar arrangement acceptable to the Borough. Land offered for dedication but not accepted by the Borough shall be transferred to the homeowners' association. The Borough may request the dedication of land at specific locations for particular public purposes.

[2] Editor's Note: See N.J.S.A. 46:8B-1 et seq.

(e) The Borough may require streets which serve only the development and are not streets called for by the Borough Master Plan to be transferred to the homeowners' association which shall have maintenance responsibility in that event.

(f) Internal streets, whether public or private, shall be constructed to the standards of the Article IX of this chapter.

(5) In the R-20RSC Zone, senior citizens' housing shall be subject to the following requirements:

(a) Height. No building shall exceed 38 feet in height, subject to the modifications permitted by § 89-33, but not to exceed 47 feet in height including all roof appurtenances. For the purpose of this subsection, height shall be measured from the finished first-floor grade.

(b) No dwelling units shall be permitted in the basement except one dwelling unit may be allowed for use by the superintendent.

(c) Front yard. No building shall be closer to any street right-of-way line than 75 feet.

(d) Side and rear yards. No building shall be closer to any R-20RSC Zone district line than 50 feet except where a buffer is required by § 89-44B(5)(v) in which event said distance shall be 80 feet. The sum of the two side yard distances to the R-20RSC Zone district lines shall not be less than 150 feet in any event.

[Amended 12-14-2005 by Ord. No. 34-2005]

(e) Minimum tract size. No senior citizen housing shall be erected upon a tract having an area less than 10 acres; provided, however, that construction may be staged into sections of not less than 80 dwelling units each. The further subdivision of the R-20RSC Zone to permit each age-restricted multifamily building to be located on an individual lot is permitted. However, such lots shall only be permitted in conformance with an approved overall site plan for the development of the tract. The individual lots may be less than the minimum tract size, but in any event no lot shall be less than two acres. The distance between individual principal buildings within the tract shall be a minimum of 45 feet, and all other bulk standards of § 89-44B(5) shall apply.

[Amended 12-14-2005 by Ord. No. 34-2005]

(f) Units per acre. The maximum number of dwelling units permitted shall not exceed 30 per gross acre of the tract within the R-20RSC Zone district.

[Amended 12-14-2005 by Ord. No. 34-2005]

(g) Minimum floor area requirements. Every senior citizens' dwelling unit shall have a minimum livable floor area that complies to the following schedule:

	Type of Dwelling Unit	Minimum Required Square Foot Area Per Dwelling Unit
	Efficiency	400
	One	550
	Two	700

(h) Pedestrian sidewalks shall be provided wherever normal pedestrian traffic will occur.

(i) Space shall be provided for passive and active outdoor recreation areas consonant with the needs of the senior citizen occupants, with provisions for sitting areas, shuffle board areas and the like.

(j) Coin-operated laundry washing and drying machines shall be located on each floor of each building adequate in number for the sole use of the occupants.

(k) Community rooms shall be provided, and shall be sized at 10 square feet per dwelling unit. Ample kitchen and toilet facilities shall be provided to serve said community room.

(l) Ample space shall be provided for building and grounds maintenance and repair shop and storage with toilet and shower facilities appurtenant thereto.

(m) Alarm switches shall be installed in each dwelling unit to summon aid in an emergency. The switches shall be located in the bedroom and the bathroom. The switches shall be connected to illuminate an audio and visual signal on hall side of the apartment or in a central location or both.

(n) All specifications shall meet the requirements of the state and federal regulating agencies dealing with senior citizens housing, specifically U.S. Department of Housing and Urban Development Regulations 4910.1 insofar as such regulations are applicable to senior citizen housing.

(o) Maximum building or structure coverage. Buildings containing senior citizen dwelling units and accessory buildings, if any, shall not occupy more than 25% of gross tract acreage.

[Amended 12-14-2005 by Ord. No. 34-2005]

(p) Parking. Not less than one paved off-street parking space shall be provided for every two dwelling units. Such off-street parking will meet all requirements of § 89-36 as applicable. Areas shall be designated and set aside for expansion of the parking facilities so that one space may be provided for each dwelling unit.

(q) Storage space. Storage space shall be provided in accordance with the requirements of the Federal Housing Finance Agency.

(r) All buildings shall be provided with an adequate heating system with a designed capacity to maintain a temperature of 80° Fahrenheit (F.) in all bathrooms and of 75° F. in all habitable room and corridors when the outside temperature is 0° F. with 15 miles per hour (mph) wind velocity.

(s) The architectural design of all buildings, the site selection, and recreational facilities must be consistent with the ultimate purpose of achieving independent, self-reliant and pleasant living arrangements for a group of senior citizens and should take into account the desires and needs of older persons for privacy, participation in social and community activities and access to community activity areas. At the same time, provisions should be made to accommodate the limitations that sometimes accompany advanced years so that independent living can be sustained as long as possible.

(t) The size and arrangement of bathrooms and fixtures therein shall be adequate for the convenient use of the older persons. The floor finish shall be impervious to water, have nonslip characteristics, and slope inward. The threshold of the bathroom shall be flush with the floor. All plumbing fixtures, accessories and trim shall be selected for and provide the maximum contribution to the safety, convenience and aid to older person. Grab bars shall be provided beside toilets and in bath tubs and/or shower stalls. Shower stalls will include a built-in seat or bench or sufficient space for a bath stool.

(u) A small first aid room to provide observation and minor treatment of project residents shall be required within any senior citizens housing project. The first aid room or another room may be used for periodic visits by one or more medical doctors for consultation and treatment of project residents.

(v) Buffering and landscaping. A buffer zone of not less than 50 feet in width and landscaping shall be provided between any building within a senior citizens project and any adjoining lands zoned for residential purposes. Such buffering and landscaping shall be in accordance with the requirements and standards of § 89-39A and F. Natural features shall be preserved in accordance with the provisions of § 89-38. The reviewing board may require such additional landscaping or buffering as deemed necessary to accomplish the intents and purposes of §§ 89-38 and 89-39 of this chapter or as deemed beneficial to the proposed senior citizens' project.

(w) Downlighting shall be provided around all buildings. All walkways, parking areas and outdoor activity areas to be used after dusk shall be lighted appropriately in compliance with § 89-48.

(x) In the design and layout of the project, adequate consideration shall be given to providing for accessibility and maneuverability of all public safety vehicles. In making a determination that this has been accomplished, the reviewing board shall be guided by the recommendations of the Police Department, Fire Officials and First Aid Squad.

(y) Every senior citizen project shall be provided with an adequate security system and/or measures in accordance with the recommendations of the Police Department.

(z) All dwelling units constructed within the R-20RSC Zone, except for the on-site living quarters of the building superintendent, shall be age-restricted; and shall be affordable to low- and moderate-income households in accordance with the rules and regulations of the New Jersey Council on Affordable Housing; and shall be subject to Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.).

[Added 12-14-2005 by Ord. No. 34-2005]

(6) In the R-32FRD Zone, developments of single-family detached homes having varying lot sizes may be created at the election of the developer. In the event such option is elected by the developer, the following shall apply:

(a) The minimum size of the tract shall be at least 50 acres in area.

(b) The number of individual lots to be created shall be computed by dividing 32,000 into the total area (in square feet) of the tract less any area required to be dedicated for the widening of any preexisting public streets which abut the tract. The resulting number is the number of lots which may be created.

(c) Not less than 50% of all lots to be created shall have a minimum area of 32,000 square feet and otherwise observe all area, yard and bulk requirements and regulations of the schedule for conventional development within the R-32 Zone. Up to 35% of the lots created may have an area of less than 32,000 square feet but not less than 18,000 square feet. Up to 15% of the lots created may have an area of less than 18,000 square feet but not less than 12,000 square feet.

(d) The minimum yards for lots of less than 32,000 square feet in area shall be as follows:

[1] Front yard: 30 feet;

[2] One side yard: 10 feet;

[3] Two side yards: 25 feet;

[4] Rear yard: 35 feet.

(e) Land area not plotted into lots shall be developed as streets or other required public improvements, offered for dedication to the Borough, or transferred to the ownership of a homeowners' association pursuant to the New Jersey Condominium Act or similar arrangement acceptable to the Borough. Land offered for dedication but not accepted by the Borough shall be transferred to the homeowners' association. The Borough may request the dedication of land at specific locations for particular public purposes. Land designated as open space, whether offered for dedication or transferred to a homeowners' association, shall be improved for active and passive recreation areas in accord with the site plans approved by the reviewing board.

(f) The Borough may require streets which serve only the development and are not streets called for by the Borough Master Plan to be transferred to the homeowners' association which shall have maintenance responsibility in that event.

(g) Internal streets, whether public or private, shall be constructed to the standards of Article IX of this chapter.

(h) Any lots which are developed under a flexible residential density concept and which are adjacent to previously developed lots having areas of 32,000 square feet shall also be required to have an area of 32,000 square feet.

(i) The required setback for accessory structures shall be based upon lot size. (See Exhibit 3, Schedule of Zone Requirements for R-32FRD Zone for Accessory Structures.[3])

[3] Editor's Note: Exhibit 3 is included at the end of this chapter.

(7) In the R-10A Zone, garden apartments shall be subject to the following:

(a) Garden apartment structures shall not exceed a density of 12 units per net acre of lot area, minus street and driveway area, and no garden apartment structure shall contain more than 12 or fewer than four dwelling units.

(b) Not more than 10% of the dwelling units within a garden apartment development shall have more than one bedroom; not less than 90% of the dwelling units within a garden apartment development shall be one-bedroom or efficiency apartments.

(c) Driveways for ingress and egress for garden apartment developments shall connect with other than minor streets wherever possible, and shall have a pavement width of at least 40 feet except where they are within a parking area in which case they shall be not less than 25 feet in width. Surfacing shall be in accordance with design standards for streets in this chapter. There shall be not less than two exit/entrance roads to each garden apartment project. All driveway and street construction shall be in accordance with Borough regulations applying to the construction of street and public thoroughfares. The minimum angle of the intersection of a driveway with a public street or two or more streets shall be in accordance with the provisions of the subdivision regulations.

(d) The minimum yard requirements of the schedule apply to the entire tract and no buildings shall be located within such yard areas. The minimum distance between buildings (measured radially from any corners) in a garden apartment development shall be 25 feet except that no wall containing an entrance to a garden apartment dwelling shall be closer than 50 feet to another wall of a garden apartment structure or accessory building, measured perpendicular to the wall containing an entrance.

(e) Parking areas may be located in any yard other than the required front yard but not closer than 25 feet to any property line and shall comply with all other requirements of the "regulations applicable to all zones" in this chapter.

(f) Court yards bounded on three or more sides by the wings of the same building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot of height of the tallest building.

(g) Every garden apartment building shall have a minimum setback of 10 feet from all interior road, driveways and parking areas.

(h) Every garden apartment development shall be provided with garbage and refuse storage and collection areas suitable for containerized collection, screened from view, by solid fence, block wall or material of a type and size acceptable to the Planning Board on three sides, and away from the fronts of apartment buildings. Collection shall be the responsibility of the owner.

(i) In addition to any storage area within individual garden apartment dwelling units, 200 cubic feet of storage area shall be provided for each dwelling unit in a convenient, centrally located area in the building, where personal belongings and effects may be stored under lock and separated from the belongings and effects of other occupants.

(j) A wall of a garden apartment structure or parallel walls of adjacent garden apartment structures shall not continue in the same plane for a length of more than 75 feet without an offset of at least four feet.

(k) Each garden apartment development shall provide a recreation area or areas at a standard of 1,000 square feet for each 12 dwelling units. Outdoor recreation equipment shall be installed in each recreation area in sufficient amount and variety to serve the occupants of the development. In approving recreation areas and equipment, the reviewing board shall be guided by the Recreation Committee.

(l) Laundry facilities may be located within garden apartment structures for use and convenience of residents of the project. Such facilities shall be controlled appropriately to preclude their use by nonresidents of the project.

(m) Every garden apartment project may provide for a separate accessory building which will serve as a maintenance/storage area for the project. The appearance of the structure shall be similar to that of principal buildings within the project. The location of the structure will be appropriate to serve its function and to the overall site layout. It shall have a maximum of 600 square feet of floor area and a maximum height of 18 feet.

(8) In the R-10B Zone, garden apartments shall meet all requirements for that use in the R-10A Zone except as overruled by the following:

(a) Garden apartments shall not exceed a density of 12 dwelling units per acre of net lot area minus street area and no garden apartment structure shall contain more than 16 or fewer than four dwelling units.

(b) No more than 30% of the dwelling units within a garden apartment development shall have more than two bedrooms. Not less than 70% of the dwelling units within a garden apartment development shall have only one bedroom.

(9) In the R-10MH Zone, mobile home parks are permitted in accordance with the following:

(a) The minimum area of any mobile home park shall be 10 acres.

(b) The maximum density of any mobile home park shall be six mobile home units per gross acre of land area.

(c) The minimum width of any space for an individual mobile home shall be 25 feet.

(d) The minimum length of any space for an individual mobile home shall be 50 feet.

(e) No mobile home shall be closer to an internal driveway or storage shed than 10 feet; to another mobile home or building than 15 feet; or to any boundary of the mobile home park than 25 feet.

(f) Each mobile home space shall be connected to public water and public sewer.

(g) Each mobile home space shall front on a driveway with a minimum width of 24 feet with unobstructed access to a public street. Internal driveways within mobile home parks shall be constructed to the same standards required for parking areas within garden apartment projects.

(h) Hard-surfaced pedestrian walkways shall be provided leading from individual mobile home units to a central service building.

(i) Each mobile home park shall provide a central service building which shall include, as a minimum, a recreation/social room, toilet facilities and laundry facilities. The service building shall be a permanent structure complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.

(j) Appropriate garbage and refuse receptacles shall be provided by the park operator in sufficient number to adequately handle the requirements of the residents of the park. Receptacles shall be located not farther than 200 feet from each mobile home space. The mobile home park operator shall be responsible for arranging for the timely and sanitary removal of refuse and garbage.

(k) Existing nonconforming homes and spaces shall be permitted to continue, but if any such mobile home is replaced, the new mobile home shall not have any greater degree of nonconformance.

[Added 2-8-2012 by Ord. No. 03-2012]

(10) Minimum floor area. All dwelling units shall have a minimum floor area with a ceiling height of not less than seven feet in accord with the following:

(a) The minimum gross floor area of an efficiency apartment dwelling shall be 600 square feet of habitable floor area. The minimum gross floor area of a single-family detached dwelling shall be 950 square feet of habitable floor area. Each additional room created within any dwelling unit other than a living room, a kitchen, a dining room or eating area, the first bedroom, a utility room, a bathroom or powder room, or a sun porch shall increase the minimum required habitable floor area by 150 square feet. Any room within a dwelling unit other than a kitchen, a utility room, a bathroom or powder room or a sun porch shall contain a minimum of 150 square feet of floor area, provided, however, that no dwelling unit shall be required to contain more than 1,400 square feet of habitable floor area, as long as state and local housing code requirements are met. Floor area requirements for senior citizen housing shall be in accord with § 89-44B(5)(g).

(11) In the R-32TH Zone townhouses, patio homes, quadplexes or zero-lot-line homes may be constructed simultaneously with and as a part of a subdivision creating lots meeting the standards of the R-32 Zone. The plan for development shall be such that the townhouses, patio homes, quadplexes or zero-lot-line homes provide transition from adjacent nonresidential zones to the R-32 lots which shall abut adjacent R-32 residential zones. All required improvements for the R-32 segment of the development shall be completed prior to the issuance of certificates of occupancy for more than 75% of the townhouses, patio homes, quadplexes or zero-lot-line homes. Townhouses, patio homes, quadplexes and zero-lot-line homes shall be subject to the following:

(a) The tract size shall be a minimum of five acres within the R-32TH Zone.

(b) The tract shall have not less than 100 feet of frontage upon a public street which preexists the development or which will be constructed in accordance with the approved application for development and other applicable standards and specifications.

(c) The maximum density for any development shall be six dwelling units per gross acre of land area within the R-32TH Zone which is not platted into R-32 lots or utilized as the street(s) providing access to the R-32 lots.

(d) The maximum coverage of the land area in the R-32TH Zone by buildings shall not exceed 25%.

(e) All structures shall be not closer than 50 feet to any existing or proposed public street; not closer than 20 feet to any internal, private street; not closer than 10 feet to any collective parking lot; not closer than 30 feet to any tract boundary; and not closer than 30 feet to another structure which contains more than one dwelling unit. Unless attached to each other by a common wall enclosing interior living space within each unit, one-family dwelling unit structures shall be separated by at least 10 feet. One-family dwelling unit structures may be joined, however, by walls or fences which enclose private yard areas.

(f) The front facade of any structure containing more than one dwelling unit shall not continue on the same plane for a distance of more than the width of two adjacent units. Offsets between front facade planes shall be at least four feet and not more than 20 feet.

(g) Not less than three nor more than eight dwelling units shall be contained within any one structure which contains more than one dwelling unit.

(h) All streets or roads within the complex may be private streets which shall have a minimum pavement width of 25 feet and be constructed in accordance with Borough specifications.

(i) Every complex shall be served by public water and public sanitary sewer which shall be installed by and at the expense of the developer. In addition, drives, parking facilities, all-weather pedestrian walkways, streetlights, fire hydrants, drainage facilities and other improvements as may be required in accordance with the standards and ordinances of the Borough of Eatontown.

(j) All utilities shall be installed underground.

(k) Every development shall be provided with garbage and refuse storage and collection areas suitable for containerized collection, screened from view by solid fence, block wall or other suitable material. Screening shall be on three sides. Collection shall be the responsibility of body responsible for common open space.

(l) At least 20% of the gross tract area shall be designated as open space. The applicant shall provide recreation facilities appropriate to the residents expected to reside therein. (See § 89-62A.)

(m) The maximum building height shall be 35 feet.

(n) Each dwelling unit shall contain a minimum of 300 cubic feet of storage area. The storage area shall be in addition to the floor area requirements for each dwelling unit but may be included within the confines of the garage, basement or cellar. Where provided within a garage, storage space shall be in addition to the space required for a vehicle.

(o) Each dwelling unit shall have a private ground area accessible directly from the unit having a total area of at least 400 square feet.

(p) The average width of all dwelling units shall be not less than 20 feet and the minimum width of any dwelling unit shall be 18 feet.

(q) Two and one half off-street parking spaces shall be provided for each dwelling unit. Such parking spaces shall be, in any combination, within garages which are an integral part of the dwelling unit, on driveways leading to such garages or within collective parking lots meeting the standards of § 89-36. At least one of the required off-street parking spaces required for each dwelling unit shall be within 150 feet of that dwelling unit measured along the route reasonably expected to be used to walk from the dwelling unit to the parking space. Where driveways are used to meet parking requirements, the integrity and function of pedestrian walkways shall be protected.

(r) Every project may provide for a separate accessory building which will serve as a maintenance/storage area for the project. The appearance of the structure shall be similar to that of the principal buildings within the project. The location of the structure will be appropriate to serve its function and overall site layout. It shall have a minimum floor area of 600 feet and a maximum height of 18 feet.

(s) All accessory structures to individual dwelling units shall be attached to the dwelling unit to which they are accessory.

(t) All common open space and any recreation facilities thereon may be owned and operated in any recognized legal capacity, but the maintenance of the same shall be the responsibility of the owner and, if that ownership is joint, that responsibility shall be the joint and several responsibility of every person sharing in the ownership, all in accord with the statutes and regulations of the State of New Jersey. (See § 89-62E.)

(u) All dwelling units shall be constructed to be offered for sale on a fee simple basis subject to such restrictions and covenants as may be required to establish such common responsibilities and standards.

(v) All proposed restrictive covenants, articles of incorporation or other documents in conjunction with the creation of a homeowners' association, a trust or other vehicle to provide for ownership and maintenance of common land or facilities shall be submitted to the Borough and approved by the Borough Attorney prior to preliminary approval of any proposed subdivision or any proposed site plan. (See § 89-85I.)

(w) In all instances where the maintenance or repair of any wall, fence or other improvement by its owner or his agent would require entry upon an adjacent property, an appropriate easement shall be created in favor of the subject owner. Said easement shall be detailed and specific as to required notice for and any time limitations upon the right of entry. It shall also provide for a specific means of arbitration in the event of dispute.

(12) Nursing homes or convalescent centers which were in existence within the R-10 and/or R-10A zone districts as of the date of adoption of the 1979 zoning ordinances of the Borough of Eatontown are to be considered permitted uses in those zone districts and may expand provided that the following conditions are met:

(a) The lot size upon which such facility is situated shall have an area of not less than six acres.

(b) Not more than 25% of the lot area will be occupied by the building.

(c) No structure will be located closer than 75 feet to any street line or 30 feet to any property line.

(d) The total impervious coverage of the lot will not exceed 60%.

(e) The facility is appropriately licensed by the New Jersey Department of Health to provide the services it offers.

(f) The maximum building height shall not exceed 35 feet.

(13) Basketball hoops.

(a) In all residential zones basketball hoops shall be permitted in the front yard areas. Such equipment must be located in the driveway or, in the absence of a driveway, in the area where a driveway is normally located. Such equipment shall be located a minimum of 50 feet or 2/3 of the required setback in the zone in which it is located from the front property line, whichever is less. The nearest part of the hoop structure shall not be closer to the side lot line than the required driveway setback for the zone in which it is located. Such equipment shall be located in an area beyond the minimum that shall allow a reasonable safe use away from street traffic and other potentially dangerous situations.

(b) The basketball hoop(s) shall be mounted on one or two vertical poles which shall be located in the ground; or the hoop(s) may be mounted on the main dwelling structure, or an accessory building subject to the limitations as set forth in Subsection B(13)(a) above.

(14) Home occupation. Home occupations, as defined in § 89-4, shall be permitted as an accessory use, not requiring additional permitting or approval, within all residential zones of the Borough of Eatontown, provided the home occupation meets the following requirements:

[Amended 5-27-2020 by Ord. No. 03-2020]

(a) The dwelling unit must have a certificate of occupancy and meet all state and local laws and regulations concerning health and safety.

(b) The home occupation must be conducted in the primary dwelling unit and may not be conducted in a detached accessory building or any portion thereof, except a detached garage.

(c) No employees of the home occupation, except for persons residing in the dwelling, shall be employed at the site.

(d) No employees of the home occupation may be dispatched from the dwelling.

(e) No off-site employees, customers, or business invitees or guests shall visit the dwelling unit or park at the premises for business purposes.

(f) There shall be no change to the exterior of buildings or structures because of the home occupation, and no outside appearance of a business use, including, but not limited to, parking, storage, signs, or lights, is permitted.

(g) The home occupation shall not generate air pollution, including noxious odors, or water pollution, electrical, or communications interference. No equipment shall be used for the home occupation which creates noise, vibration, glare, fumes, odors or electrical or communications interference to or with neighboring properties.

(h) Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express and other similar-type delivery services providing regular service to residential uses in the zone district.

(15) Development in R-20/R-TH/SCH Overlay Zone.

(a) In the R-20/R-TH/SCH Overlay Zone, a developer may develop a contiguous residential cluster of townhouses in accordance with these standards and regulations. All housing developed under the provisions of the R-20/R-TH/SCH Overlay Zone shall qualify as housing for older persons within the meaning of the United States Fair Housing Act. Property developed under the terms of the R-20/R-TH/SCH overlay shall be used solely as housing for older persons. The permanent residents of the development shall be restricted to residents who are at least 55 years who is residing with his/her spouse who is 55 years of age or over. No persons under the age of 18 shall be permitted as permanent residents.

(b) There shall be restrictive covenants placed on the development to ensure that the units qualify as housing for older persons within the meaning of the United States Fair Housing Act. An applicant for development shall demonstrate his intent to operate the development as housing designed for persons who are 55 years of age or over by submitting for Board review and approval the written rules, regulations, covenants and restrictions that the development will operate under to restrict occupancy to persons age 55 and over within the meaning of the United States Fair Housing Act, inclusive of the procedures that the development will establish for routinely determining the occupancy of each unit. No application for development shall be deemed complete unless the written rules, regulations, covenants, restrictions and verification procedures have been submitted. All required improvements for the R-20/R-TH/SCH development shall be completed prior to the issuance of a certificate of occupancy for more then 75% of the townhouses. Any development shall be subject to the following:

[1] The tract size shall be a minimum of four contiguous acres within the R-20/R-TH/SCH Overlay Zone.

[2] The tract shall have not less than 300 feet of frontage upon a public street which preexists the development or which will be constructed in accordance with the approved application for development and other applicable standards and specifications.

[3] The maximum density for any development shall be 4.75 dwelling units per gross acre.

[4] The maximum building coverage of the land area shall not exceed 20%. The maximum coverage by all impervious surfaces and structures shall not exceed 40%.

[5] No building shall be closer than 50 feet to an existing or proposed public street, nor closer than 10 feet to any collective parking lot; no closer than 15 to any curbline or cartway of an internal, private street; no closer than 50 feet to any street line or adjacent lot zoned R-20; no closer than 40 feet to all other tract boundaries; and no closer than 30 feet to any structure which contains a dwelling unit when the structures are placed side wall to side wall, 40 feet when placed side wall to rear wall, and 50 feet when placed rear wall to rear wall; and no closer than 20 feet to a detention basin. A deck or patio is permitted to project not more than eight feet into the minimum building setback.

[6] The front facade of any structure containing more than one dwelling unit shall not continue on the same plane without incorporating architectural features that provide variations in the facade to create a desirable visual environment. Acceptable features may include, but are not limited to, bay windows, recessed entryways, porches, gable windows, building offsets and gable walls.

[7] Not less than three nor more than six townhouse dwelling units shall be contained within any one structure.

[8] All streets and roads within the development shall be private streets which shall have a minimum paved cartway width of 24 feet and be constructed in accordance with Borough specifications. The streets shall be constructed with Belgian block curb and with sidewalk. A developer who opts to develop property under the terms of the R-20/R-TH/SCH Zone shall execute an agreement with the Borough to exceed the applicable standards of the New Jersey Residential Site Improvement Standards and construct the development in accordance with the requirements of the R-20/R-TH/SCH Zone and Borough standards. The agreement to exceed shall be drawn and executed by the developer in accordance with N.J.A.C. 5:21-3.6 prior to the grant of any preliminary approval.

[9] Every complex shall be served by public water and public sanitary sewer which shall be installed by and at the expense of the developer. In addition, the developer shall install drives, parking facilities and all-weather pedestrian walkways, streetlights, fire hydrants, drainage facilities and other improvements as may be required in accordance with the standards and ordinances of the Borough of Eatontown.

[10] All utilities shall be installed underground.

[11] The application shall include a plan for the storage and collection of solid waste and recyclables. Garbage and refuse collection may be provided as curbside pick up from each individual unit or at centralized collection points within the development. Collection shall be the responsibility of the entity responsible for maintenance of the common elements within the development. If centralized collection points are provided, they shall be suitable for containerized collection and screened from view by solid fence, block wall or other suitable material. Screening shall be on three sides.

[12] Open space shall be provided in accordance with the requirements of § 89-62, Common open spaces and public open spaces, except as may be otherwise specified herein for the R-20/R-TH/SCH Zone. At least 60% of the gross tract area shall be designated as common open space. A landscaped common open space area at least 50 feet in width shall be maintained along any existing or proposed public street except where ingress and egress to the site and dwellings is required, including permitted deck or patio elements. Detention basins may be located in open space areas with the approval of the Planning Board. The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development. Such organization shall not be dissolved and shall not dispose of any open space by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of the development.

[13] The maximum building height for interior townhouse units shall be 35 feet and 2 1/2 stories. The maximum building height for end townhouse units shall be 25 feet and 1 1/2 stories.

[14] Each dwelling unit shall contain a minimum of 300 cubic feet of storage area. The storage area shall be in addition to the floor area requirements for each dwelling unit but may be included within the confines of the garage, basement or cellar. Where provided within a garage, storage space shall be in addition to the space required for a vehicle.

[15] Each dwelling unit shall have a private ground patio or deck area accessible directly from the rear or side of the unit having a total area of at least 150 square feet.

[16] The width of each dwelling unit shall be not less than 25 feet. Townhouse dwelling units may be platted as fee simple lots. Townhouse lots shall not be less than 1,800 square feet in an area with a minimum width of 25 feet and a minimum depth of 60 feet.

[17] Each dwelling unit shall provide at least two off-street parking spaces which shall be developed as a combination attached one-car garage and paved driveway. The residential one-car garage and driveway combination shall provide a minimum driveway width of 10 feet with a minimum length of 18 feet between the face of the garage door, the cartway of the street or sidewalk. One additional off-street parking space for visitors shall also be provided per dwelling unit. The deed restrictions and covenants of the residential cluster shall prohibit the conversion of the required garage space to living space. A developer who opts to develop property under the terms of the R-20/R-TH/SCH Zone shall execute an agreement with the Borough to exceed the applicable standards of the New Jersey Residential Site Improvement Standards with respect to off-street parking and construct the development in accordance with the requirements of the R-20/R-TH/SCH Zone.

[18] The development may provide for a separate accessory building that will serve as a maintenance/storage area of the project. The appearance of the structure shall be similar to that of the principal buildings within the project. The location of the structure shall be shown on the site plan submitted for approval and shall be appropriate to serve its function and overall site layout. It shall have a maximum floor area of 200 feet and a maximum height of 15 feet.

[19] A standard detail and plan for any deck or patio design and related fencing or privacy screening shall be included with the site plan submitted for approval. No external alterations to any structure may be made unless specifically approved by the homeowners' or condominium association. No freestanding structures, such as sheds, or other storage structures, gazebos or similar structures may be constructed within the development unless specifically approved by the homeowners' or condominium association and the Planning Board.

[20] A planted landscape buffer shall be established along any property line adjoining a residential use in the R-20 Zone. This buffer shall be a minimum of 25 feet wide and shall at a minimum consist of the following:

[a] Densely planted evergreen and deciduous shrubs and trees in areas where existing vegetation does not currently exist and supplemental plantings in areas where existing vegetation is intended to remain. The density of the plantings and size of the plant material shall be as approved by the Planning Board.

[b] The buffer may also include a solid and uniform wood fence at least six feet high along a property line adjoining a residential use or zone if required by the Board. No impervious surface shall be permitted in the landscape buffer.

[21] All proposed restrictive covenants, articles of incorporation, master deed and bylaws or other documents in conjunction with the creation of a homeowners' association, a trust or other vehicle to provide for ownership and maintenance of common land or facilities shall be submitted to the Borough for the review and approval of the Borough Planning Board and approved by the Borough Attorney prior to the preliminary approval of any proposed subdivision or any proposed site plan.

[22] In all instances where the maintenance or repair of any wall, fence or other improvement by its owner or his agent would require entry upon an adjacent property, an appropriate easement shall be created in favor of the subject owner. Said easement shall be detailed and specific as to required notice for and any time limitations upon right of entry. It shall also provide for a specific means of arbitration in the event of dispute.

[23] Prior to the approval of development under the R-20/R-TH/SCH Overlay Zone of a residential cluster of senior citizen housing, the Planning Board shall find the following facts and conclusions:

[a] That the development conforms to the requirements of the R-20/R-TH/SCH Overlay Zone.

[b] That the proposals for maintenance and conservation of the common open space area are reliable and the amount, location and purpose of the common open space are adequate.

[c] That the provisions of the physical design of the proposed development for public services, control over pedestrian and vehicular traffic and the amenities of light, air recreation and visual enjoyment are adequate.

[d] That the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

(16) Development in R-MLC Zone.

(a) The right to develop any property under the enhanced zoning created by the R-MLC Zone is subject to the payment of an affordable housing development fee consisting of a base fee and a surplus fee, if applicable. The base fee shall be computed by multiplying the total number of units approved for development times 20% times $25,000. Any surplus fee shall be computed by taking 5% of the sales price of any given unit, inclusive of extras, over $300,000.

(b) The right to develop in the R-MLC Zone is contingent upon full compliance with the settlement agreement upon which the R-MLC Zone is based. Full compliance with the settlement agreement shall be a requirement of this chapter and shall be an essential and nonseverable condition of any project approval.

C. Regulations applying to the B-1, B-2, B-2MH, B-3 and B-4 Business Zones.

[Amended by Ord. No. 27-81; Ord. No. 26-87; Ord. No. 16-92; Ord. No. 3-2001; 12-8-2010 by Ord. No. 26-2010; 12-8-2010 by Ord. No. 28-2010]

(1) B-1 Business Zone.

(a) Permitted uses.

[1] Retail sales.

[2] Personal services.

[3] Indoor movie theaters.

[4] Bus stations and taxi stands.

[5] Banks, post office, business, municipal, public utility, and professional offices.

[6] Buildings with mixed uses that are permitted within the B-1 Zone.

[7] Restaurants and taverns.

[8] Child day-care services and children's play areas, in accordance with N.J.A.C. 10:122, Manual of Requirements for Child Care Centers.

[9] Public parking lots or garages (commercial).

[10] Public utilities in accordance with the standards set forth within § 89-44C(8).

[11] Health care testing service facility

[12] Ambulatory health care facility

(b) Conditional uses. A fast-food restaurant shall be a conditional use if the following criteria are met:

[1] Lot frontage and width shall be a minimum of 250 feet.

[2] Minimum square footage of the principal building shall be 2,000 square feet.

[3] In any fast-food restaurant which permits the ordering of food from a vehicle by means of an electronic sound system and delivery through a drive-in window, there shall be required a buffer zone of 30 feet in accordance with the standards set forth in § 89-39G on the side(s) of the property where such facilities are located, same to be measured from the rear or side property lines to the commencement of the parking area.

[4] Front-yard setback shall be a minimum of 50 feet.

[5] Any fast-food restaurant which permits the ordering of food from a vehicle must provide a queuing area sufficient to permit 10 cars to be queued without obstructing the normal flow of traffic on the site.

[6] There shall be provided on-site parking on the basis of one space per employee and one per two seats.

(c) Accessory uses.

[1] Off-street parking in accordance with 89 Attachment 10.[4]

[4] Editor's Note: The attachment is included at the end of this chapter.

[2] Signs.

[3] Essential services (Article II definitions).

[4] Recycling containers within enclosures.

(d) Bulk and area regulations. Refer to 89 Attachment 9.[5]

[5] Editor's Note: The attachment is included at the end of this chapter.

(e) In the B-1 Zone, goods or products may be processed or fabricated on the premises on which they will be offered for sale at retail provided that such processing or fabricating shall not employ more than three persons at any one time; shall be performed indoors but not in the front of the building at street level; and that no supplies, materials or goods shall be stored out of doors.

(2) B-2 Business Zone.

(a) Permitted uses.

[1] Retail sales.

[2] Personal services.

[3] Indoor movie theaters.

[4] Banks, post office, business, municipal, public utility, and professional offices.

[5] Buildings with mixed uses that are permitted within the B-2 Zone.

[6] Restaurants and taverns.

[7] Health clubs.

[8] Health care testing service facility.

[9] Ambulatory health care facility.

[10] Child day-care services and children's play areas, in accordance with N.J.A.C. 10:122 Manual of Requirements for Child Care Centers.

[11] Public parking lots or garages (commercial).

[12] Public utilities in accordance with the standards set forth within § 89-44C(8).

[13] Hotels and motels are permitted, provided that they observe and are regulated by the following:

[a] The entire area of the site for the travel or parking of motor vehicles will be hard surfaced.

[b] Parking spaces are provided to meet the individual standards for all of the individual activities to be conducted on the site.

[c] No sleeping unit including bathroom and other appurtenant facilities shall be smaller than 300 square feet.

[d] No hotel or motel shall contain less than 40 sleeping units.

[14] Auto repair and gasoline stations.

[a] In addition to the information required on the site plan by Article X of this chapter, the site plan for auto repair and gasoline service stations when applied for in zones where permitted shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the finished grade, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed, and the number of automobiles which are to be garaged and parked on the premises.

[b] The entire area of the site of the auto repair or gasoline service station for the travel or parking of motor vehicles will be hard surfaced, in accordance with the design standards portions of this chapter.

[c] Any repair of motor vehicles will be performed in a fully enclosed building. No motor vehicle will be offered for sale on the site and no motor vehicle parts or partially dismantled motor vehicles, supplies, trash or waste materials shall be stored outside of an enclosed building or storage area.

[d] No vehicle shall be permitted to be standing or parked on the premises other than those used by the employees in the direct or indirect operation of the establishment. This shall not be interpreted, however, to prohibit the parking of automobiles or trailers for self hauling which are parked on the premises and are for rent, providing that specific parking spaces are provided for such parking, or to prohibit the temporary parking of automobiles actually serviced on the premises, including the overnight parking of a maximum of two automobiles per bay.

[e] Accessory goods for sale may be displayed out of doors on the pump island(s) and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be on the above islands only if contained within a suitable metal stand or rack, but not to include tire racks or sheds. Tires shall be stored only inside the principal building or in the waste materials area except that two tires may be displayed on the building island only.

[f] Not more than two vending machines, whether or not coin operated, shall be located outside the principal building, and any such machines shall be subject to the yard requirements of the zone in which they are located.

[g] All fuel pumps will be located at least 20 feet from any street or property line and shall be attendant operated.

[h] No gasoline-filling station or service station shall be located nearer than 2,000 feet to any other filling station nor closer than 200 feet to any residential zone boundary line. Such distances shall be measured as the distances between the nearest property lines of the respective sites.

[i] Any outdoor storage of waste materials or supplies shall be in a shielded location but suitable for containerized collection and within an area screened adjacent to the building or fenced to a height of not less than six feet. The area of such enclosure shall not exceed 120 square feet, and it shall be not closer than 25 feet to another lot which is within a residential zone or a street line which is across the street from a residential zone.

[j] No waste material whatsoever shall be discharged into any watercourse except in accordance with existing state and local requirements and regulations.

[k] Any deviation from the standards enumerated in Subsection C(2)(a)(14)[a] through [j] above shall be considered bulk standard relief and not relief required under N.J.S.A. 40:55D-70(d).

[Added 5-13-2015 by Ord. No. 07-2015]

(b) Conditional uses. A fast-food restaurant shall be a conditional use if the following criteria are met:

[1] Lot frontage and width shall be a minimum of 250 feet.

[2] Minimum square footage of the principal building shall be 2,000 square feet.

[3] In any fast-food restaurant which permits the ordering of food from a vehicle by means of an electronic sound system and delivery through a drive-in window, there shall be required a buffer zone of 30 feet in accordance with the standards set forth in § 89-39G on the side(s) of the property where such facilities are located, same to be measured from the rear or side property lines to the commencement of the parking area.

[4] Front yard setback shall be a minimum of 50 feet.

[5] Any fast-food restaurant which permits the ordering of food from a vehicle must provide a queuing area sufficient to permit 10 cars to be queued without obstructing the normal flow of traffic on the site.

[6] There shall be provided on-site parking on the basis of one space per employee and one per two seats.

(c) Accessory uses.

[1] Off-street parking in accordance with 89 Attachment 10.[6]

[6] Editor's Note: The attachment is included at the end of this chapter.

[2] Signs.

[3] Essential services (Article II definition).

[4] Recycling containers within enclosures.

(d) Bulk and area regulations. Refer to 89 Attachment 9.[7]

[7] Editor's Note: The attachment is included at the end of this chapter.

(e) In the B-2 and B-5 Zones, the following requirements shall apply:

[1] Front-yard open space. A minimum front-yard open space area shall be provided in the B-2 Zone equal to 20% of the lot depth, but not less than 30 feet shall be provided nor shall more than 50 feet be required in the B-2 Zone and not less than 30 feet of front-yard open space area shall be provided nor shall more than 35 feet be required in the B-5 Zone. No buildings, parking areas, loading areas, display of goods or merchandise, or areas for holding solid waste or recyclables shall be permitted in the front-yard open space. For all major subdivision or site plan applications, landscaping in the front-yard open space area shall be provided in accordance with a landscape plan approved by the Planning Board.

[2] Landscaping requirements. Landscape improvements shall be required for all major development in the B-2 Zone. A landscape plan shall be included with any development application for major subdivision approval or for site plan approval. The landscape plan shall be drawn in accordance with § 89-36, Off-street parking and loading; § 89-39, Landscaping, buffering and screening; § 89-83, Planting and landscaping; and with the provisions provided herein. Buffering shall be provided in accordance with the requirements of § 89-39. Landscape design shall be arranged to screen or create views, to create a desirable visual environmental, to provide seasonal color and interest, to define boundaries between uses, to mask noise, to articulate outdoor spaces and to define circulation systems and open space areas. Development in the B-2 Zone shall, in addition to the aforementioned requirements for landscaping and buffering, provide landscaping in accordance with the following standards:

[a] Shade trees forming a "tree line" shall be provided and spaced 40 feet apart along all public rights-of-way. Trees shall be planted at least 10 feet behind the curbline and/or sidewalk. All proposed shrubs and landscaping shall be located behind the tree line along the public right-of-way.

[i] Trees.

[A] Shade trees along the right-of-way shall be a minimum of 14 feet in height and have a minimum caliper of three inches at a height of one foot at the time of planting.

[B] Other shade trees at planting shall be a minimum of 12 feet in height and shall have a minimum caliper of 2 1/2 inches at a height of one foot.

[C] Ornamental trees at planting shall be a minimum height of eight feet with a minimum caliper of 1 1/2 inches at a height of one foot.

[D] Evergreen trees at planting shall be a minimum height of eight feet.

[E] Foundation plantings shall be provided within established bedlines or planters not less than four feet wide on the front, sides and rear of any building. This requirement shall be in addition to the requirements set forth for parking lot landscaping, buffers and shade trees.

[ii] All areas of the site not occupied by buildings, pavement, sidewalks, landscaped islands, or other required improvements shall be appropriately landscaped with one tree and two shrubs for each 1,000 square feet of open space. Shade trees required along the public right-of-way shall not be included in calculating the minimum tree standard.

[iii] Hedges. Hedges shall form a solid continuous visual screen at least three feet in height immediately upon planting and shall be spaced with triangle placement in two rows 18 inches on center.

[iv] Shrubs. Shrubs shall have a minimum height of two feet at planting.

[v] Landscaping standards for off-street parking areas.

[A] Parking areas shall include perimeter and interior landscaping as provided herein.

[B] All rows of parking spaces shall be provided with a terminal island to protect parked vehicles, provide visibility, confine moving traffic to aisles and driveways, and provide space for landscaping.

[C] Parking areas of 20 or more spaces shall provide within each row of parking spaces that there are landscaped islands located as to prevent more than 10 vehicles from being parked side-by-side in an abutting configuration. Such islands shall measure not less than nine feet in width and 15 feet in length. Three spaces in excess of a multiple of 10 spaces shall constitute a requirement for one additional island, with the islands either being evenly spaced or spaced in an arrangement acceptable to the municipal agency.

[D] A terminal island for a single row of parking spaces shall be landscaped with at least one tree and vegetative ground cover or grass. A terminal island for a double row of parking spaces shall contain not less than two shade trees, three shrubs, and vegetative ground cover or grass. The use of a low-maintenance material other than a vegetative ground cover may be permitted in appropriate circumstances by the municipal agency.

[E] Landscaped divider strips shall be provided to separate parking rows from major internal circulation aisles. Off-street parking areas designed to provide double rows of abutting side-by-side spaces may include continuous landscaped divider strips centered on the dividing line between such rows of spaces. The divider strip shall have a width of not less than nine feet, shall be surrounded by a curb to prevent vehicular encroachment and shall be landscaped with a suitable vegetative ground cover. The use of a low-maintenance material other than a vegetative ground cover may be permitted in appropriate circumstances by the municipal agency and provided that the material is a safe and attractive alternative. Not less than one shade tree and three shrubs shall be installed in the landscaped divider strip for each four abutting parking spaces counted on one side of the divider strip. Three or four spaces in excess of a multiple of five shall constitute a requirement for one additional shade tree and three additional shrubs. Where landscaped divider strips are provided in accordance with this section, the requirement for landscaped islands to separate abutting parking spaces pursuant to Subsection C(2)(e)[2][a][v][c], above, shall not apply.

[vi] Interior landscaping requirements.

[A] Off-street parking areas containing 20 or more parking spaces or 7,000 square feet or more of area shall provide for interior landscaping as specified herein:

[B] Not less than 10% of the interior of off-street parking areas that are 50,000 square feet in area or greater shall be landscaped and maintained with grass, trees, or other living vegetative materials. Landscaped divider strips, terminal islands, and other islands as required in Subsection C(2)(e)[2][a][v][B] through [E], above, may be included in computing the minimum landscaped areas.

[C] Not less than 5% of the interior of off-street parking areas of less than 50,000 square feet in area shall be landscaped and maintained with grass, trees, or other living vegetative materials. Landscaped divider strips, terminal islands, and other islands as required in Subsection Subsection C(2)(e)[2][a][v][B] through [E], above, may be included in computing the minimum landscaped area.

[vii] Perimeter landscaping requirements. Landscape strips designed with site specific planting that includes trees, shrubs, and ground cover shall be provided around the perimeter of off-street parking areas to separate parking areas from abutting vehicular rights-of-way and adjoining lots. The perimeter strip shall extend along the length of the boundary between the street right-of-way and the parking area. A perimeter landscape strip may be pierced by an accessway only. The perimeter landscape strip shall be at least 10 feet in width and shall be landscaped with at least one tree and 10 shrubs for every 40 feet of perimeter.

[viii] Landscaping requirements in stormwater management areas.

[A] Stormwater management areas shall include all retention and detention basins, drainage ditches and swales, and wetlands areas. These areas may be designed to serve as aesthetic landscape features, or naturalized wetland areas, in addition to their stormwater management function.

[B] The quantity of trees to be planted on the interior of basins shall be equal to the number of trees that would be necessary to cover the entire area, based upon a twenty-foot-by-twenty-foot grid to the high-water line or outflow elevation.

[C] The trees shall be planted in groves and spaced five feet to 15 feet on center.

[D] The side slopes shall be seeded with a naturalization, wildflower, and/or meadow grass mix; the bottom of the basin shall be seeded with a wet tolerant mix. The specific blend shall be approved by the Borough Engineer.

[E] All woody and herbaceous plants shall be native vegetation and/or tolerant of typical wet/dry floodplain conditions.

[F] Planting shall not be located within 20 feet of low-flow channels to allow for maintenance.

[G] The perimeter area (slopes above the high-water line) shall include shade trees (approximately 50 per 1,000 linear feet, sized in accordance with Subsection C(2)(e)[2][a][viii][B] above), evergreen trees (approximately 40 per 1,000 linear feet), ornamental trees, and shrubs and shall be used to screen drainage structures and create a desirable visual environment.

[H] Provisions for emergency access as well as general maintenance of the basins shall be reviewed by the Borough Engineer. Plantings shall be designed to screen and not hinder vehicular access.

[I] Plantings are not permitted upon any berms or structural fill areas associated with a detention basin unless approved by the Borough Engineer.

[J] Perimeter plantings, including shade trees, evergreen or ornamental trees and shrubs, shall be arranged to provide a continuous landscape strip to screen drainage structures and create a desirable visual environment.

[K] Plants with invasive root systems shall not be located where they may cause damage to drainage pipes or other underground utilities.

[3] Pedestrian circulation requirements. Improvements for the safety, convenience, and amenity of pedestrians, including the disabled, shall be required for all major development in the B-2 Zone. A pedestrian circulation plan shall be included with any development application for major subdivision or site plan approval. Site furnishings for pedestrian convenience, including seating areas, bicycle racks, waste receptacles, directional signage, and shelters shall be provided where deemed appropriate and suitable by the municipal agency. The pedestrian circulation plan shall be based upon the Pedestrian Compatible Planning and Design Guidelines of the New Jersey Department of Transportation and shall be an integral part of the overall circulation system of the development and coordinated with all other access to the site including public transportation, automobiles, and bicycles.

[a] Pedestrian sidewalks shall be installed along all public rights-of-way and shall link to sidewalk on adjacent property when so recommended by the municipal agency in consultation with the Township Engineer. Sidewalks shall be placed in the right-of-way parallel to the street unless the municipal agency determines that an alternative alignment is desirable in order to preserve topographical or natural features; or to provide visual interest; or to provide safer or more convenient pedestrian circulation. Walkways within the site shall connect to adjacent streets and interconnect with other development sites in the zone district. Stub connections shall be required between the proposed development and neighboring sites not yet developed, underdeveloped or capable of being further subdivided or partitioned.

[b] Pedestrians shall be provided with a continuous walkway and defined routes to conveniently connect the public right-of-way to the main building entrance(s).

[c] Walkways shall interconnect other areas of the site, such as buildings, parking lots and outdoor activity centers, such as plazas, resting areas and viewpoints.

[d] Walkways shall be constructed of concrete or paving bricks, or other permanent all-weather surface approved by the municipal agency, and be at least five feet in unobstructed width.

[e] Walkways shall be illuminated.

[f] Walkways and pedestrian areas shall be separated from automobile and truck circulation, parking, and loading whenever possible.

[g] Where a walkway crosses a driveway, parking area, or loading area, the walkway shall be clearly identifiable through the use of elevation changes, decorative paving materials, paving bricks, or other similar method.

[h] Where the walkway is parallel and adjacent to an auto travel lane, pedestrian safety shall be maintained through a raised path or by separation from the auto travel lane by a raised curb, bollards, landscaping, street furnishings, or other physical barriers. If a raised path is used, the ends of the raised portions shall be equipped with curb ramps.

[i] Walkways bordering parking spaces shall be at least seven feet wide and a minimum of five feet wide when concrete bumpers, bollards, curbing, landscaping, or other similar improvements are provided which prevent parked vehicles from obstructing the walkway.

[j] Walkways adjacent to the building shall be constructed of bricked paving materials, decorative pavers, or other decorative surface approved by the municipal agency.

[k] In the B-2 Zone, no entertainment or commercial recreational uses other than indoor cinemas and health clubs are permitted.

(3) B2-MH Business Zone.

(a) Permitted uses.

[1] All uses permitted in the B-1 and the B-2 Zone.

[2] Mobile home parks in accordance with the standards set forth in § 89-44B(9).

(b) Accessory uses.

[1] Off-street parking in accordance with 89 Attachment 10.[8]

[8] Editor's Note: The attachment is included at the end of this chapter.

[2] Signs.

[3] Essential services.

[4] Recycling containers within enclosures.

(c) Bulk and area regulations. Refer to 89 Attachment 9.[9]

[9] Editor's Note: The attachment is included at the end of this chapter.

(4) B-3 Business zone.

(a) Permitted uses.

[1] Retail sales.

[2] Personal services.

[3] Indoor movie theaters.

[4] Banks, post office, business, municipal, public utility, and professional offices.

[5] Buildings with mixed uses that are permitted within the B-3 Zone.

[6] Restaurants and taverns.

[7] Public parking lots or garages (commercial).

[8] Bowling alleys.

[9] Regional enclosed planned shopping centers.

[10] Health care testing service facility.

[11] Ambulatory health care facility.

[12] Public utilities in accordance with the standards set forth within § 89-44C(8).

(b) Accessory uses.

[1] Off-street parking in accordance with 89 Attachment 10.[10]

[10] Editor's Note: The attachment is included at the end of this chapter.

[2] Signs.

[3] Essential services (Article II definition).

[4] Recycling containers within enclosures.

(c) Bulk and area regulations. Refer to 89 Attachment 9.[11]

[11] Editor's Note: The attachment is included at the end of this chapter.

(d) All uses within the B-3 Zone shall be developed as part of a shopping center. In addition to those uses identified within § 89-44C(4)(a), the following uses shall be permitted in a regional enclosed planned shopping center, provided that they are located entirely indoors.

[1] Miniature golf courses, including indoor driving ranges and indoor video golf games; and family amusement centers, including mechanical rides, amusement devices, carrousels, and refreshment areas and the uses, in aggregate, provided such uses, in aggregate, do not exceed 7% of the gross leasable area of the regional enclosed planned shopping center.

[2] Multiple vendor retail stores, for which tenants are leased space for lease terms of more than 30 days and less than one year and provided that the stores, in aggregate, do not exceed 3% of the gross leasable area of the regional enclosed planned shopping center.

[3] Cinemas.

(e) In all regional enclosed planned shopping centers in a B-3 Zone, the following regulations shall apply to the use of all interior common areas:

[1] A general plan of all interior common areas accessible to the public, including designated corridor areas, shall be prepared and submitted to the Planning Board for their review and approval. The general plan shall delineate and dimension designated corridor areas for public access as well as any areas proposed for the placement of temporary vendor spaces. Designated corridor areas shall be maintained as discrete passageways for circulation. Temporary vending space shall not be permitted to encroach upon corridor areas approved as part of the general plan. The general plan for the common areas shall conform to applicable buildings and fire safety codes as they pertain to pedestrian traffic flow, ingress, egress and fire exits. Locations of other permanent structures in interior common areas accessible to the public shall be identified on the general plan. The common areas of a regional enclosed planned shopping center may be utilized for the following purposes:

[a] Seating and rest areas for the general public.

[b] Advertising, marketing and promotional activities or structures to be conducted by or on behalf of the regional enclosed planned shopping center and establishments located therein.

[c] Special promotional or public service events, including the use of temporary or permanent entertainment stages.

[d] Bank cash machines.

[e] Mall directories.

[f] Display cases.

[g] Temporary vendor space.

[2] A temporary vendor space or unit shall be defined as a freestanding, or partially freestanding, kiosk, stand, cart, display area, or any other segregated areas of a regional enclosed planned shopping center used for the sale or promotion of sale of services or goods to the general public.

[3] Seating and rest areas for the health and welfare of the general public shall be provided in the interior common areas. The arrangement of such seating and rest areas shall be subject to review and approval as part of the site plan for the development of a regional enclosed shopping center. Subsequent to site plan approval, the arrangement of seating and rest areas may be modified without further submission for site plan review, provided that the amount of seating is not reduced below the approved level and further provided that such modifications do not encroach upon the designated corridor areas of the general plan.

[4] Prior to the approval of a general plan, as defined under this chapter, the Planning Board shall circulate the proposed plan for comment to the Zoning Officer, Fire Official, Construction Official, and Police Chief.

[5] The Planning Board shall approve or disapprove an application for a general plan within 45 days of receipt of same.

[6] No temporary vendor unit shall be permitted without submission of the name and address of the owner, lessee and operator of such space or unit to the Zoning Officer. The Zoning Officer must be notified within three business days of all changes concerning the name and address of such persons.

[7] Fees.

[a] Submission of the general plan for common areas to the Planning Board: $200;

[b] Submission of an amendment to the general plan to the Planning Board: $100;

[c] Annual licensing fee for registration of temporary vendor spaces to be paid by the shopping center owner no later than December 1 of each year: $1,200 per year;

[d] Any and all other fees and permits required by ordinance, such as, but not limited to, fire permits, building permits, etc., shall be paid in addition to the fee schedule set forth herein.

(5) B-4 Business Zone.

(a) Permitted uses.

[1] Retail sales.

[2] Personal services.

[3] Buildings with mixed uses that are permitted within the B-4 Zone.

[4] Business and professional offices.

[5] Restaurants.

[6] Health care testing service facility.

[7] Ambulatory health care facility.

[8] Child day-care services and children's play areas, in accordance with N.J.A.C. 10:122, Manual of Requirements for Child Care Centers.

[9] Recreational uses.

[10] Public utilities.

(b) Accessory uses.

[1] Off-street parking in accordance with 89 Attachment 10.[12]

[12] Editor's Note: The attachment is included at the end of this chapter.

[2] Signs.

[3] Essential services (Article II definition).

[4] Recycling containers within enclosures.

(c) Bulk and area regulations. Refer to 89 Attachment 9.[13]

[13] Editor's Note: The attachment is included at the end of this chapter.

(d) The minimum gross area of any structure erected within the B-4 Business Zone shall be 30,000 square feet at ground level.

(6) All vehicle standing areas connected with bus station and taxi stands shall be covered with an all-weather, hard surface.

(7) In zones where permitted, commercial parking lots and garages shall be surfaced with an all-weather, hard surface, shall be clearly marked for individual vehicle parking spaces and shall be licensed for operation by the Borough of Eatontown. Entrances and exits shall be clearly signed.

(8) In zones where permitted, public utility uses shall submit a set of plans, specifications and plot plans, and a statement setting forth the need and purpose of the installation.

(a) Public utility uses shall submit proof that the proposed use in a specific location is necessary for the efficiency of the public utility system.

(b) The design of any building in connection with public utility uses shall conform to the general character of the area and in no way adversely affect the safe and comfortable enjoyment of property rights of adjoining property or within the neighborhood.

(c) Adequate and attractive fences and other safety devices shall be provided and sufficient landscaping, including shrubs, trees and lawn shall be provided and will be maintained by the public utility.

D. Regulations applying to the M-B, PBO-88, PBO-200, M-1 and M-2 Industrial Zones.

[Amended by Ord. No. 15-84; Ord. No. 26-87; Ord. No. 4-90; Ord. No. 17-2000; Ord. No. 03-2001; 12-8-2010 by Ord. No. 29-2010]

(1) M-B Manufacturing-Business Zone.

(a) Permitted uses.

[1] Light industry.

[2] Buildings with mixed uses that are permitted within the M-B Zone.

[3] Business and professional offices.

[4] Wholesale business.

[5] Communications.

[6] Flex office/warehousing.

[7] Warehousing.

[8] Financial services.

[9] Document imaging.

[10] Educational services, such as data processing schools, business and secretarial schools and job training and vocational rehabilitation services but excluding primary and secondary schools and colleges.

[11] Headquarters mixed-use complex, including executive offices, laboratories and research facilities.

[12] Health care testing service facility.

[13] Ambulatory health care facility.

[14] Business park developments.

[15] Building materials.

[16] Bowling alleys.

[17] Indoor movie theaters.

[18] Restaurants and taverns.

[19] Child day-care services and children's play areas, in accordance with N.J.A.C. 10:122, Manual of Requirements for Child Care Centers.

[20] Public utilities in accordance with the standards set forth at § 89-44D(8).

[21] Hotels and motels in accordance with the standards set forth at § 89-44D(9).

[22] New and used auto and recreational vehicle sales.

[a] Combined new and used auto and recreation vehicle sales shall observe and be regulated by the following:

[i] Vehicles for sale may be displayed out-of-doors within areas which meet all of the general requirements, including setbacks from property lines for parking areas. (See § 89-41.)

[ii] Any outdoor storage of waste materials or supplies shall be in a shielded location but suitable for containerized collection, and within an area screened or fenced to a height of not less than six feet. The area of such enclosure shall not exceed 100 square feet and shall be not closer than 25 feet to another lot which is within a residential zone or a street line which is across the street from a residential zone.

[iii] The entire area of the site for the travel or parking of motor vehicles will be covered by an all-weather, hard surface.

[iv] Repair of motor vehicles will be performed in a fully enclosed building and no motor vehicle parts or partially dismantled or inoperative motor vehicles will be stored outside of an enclosed building.

[v] Used cars and recreation vehicles may be sold only in conjunction with and on the same premises as a new car franchise.

[vi] Autos or vehicles displayed on the lot and for sale shall be governed by the requirements of § 89-41 of this chapter.

(b) Accessory uses.

[1] Off-street parking in accordance with 89 Attachment 10.[14]

[14] Editor's Note: The attachment is included at the end of this chapter.

[2] Signs.

[3] Essential services.

[4] Recycling containers within enclosures.

[5] Warehouse storage mezzanines as an accessory use to warehouse/storage areas.

[a] Warehouse storage mezzanines are not considered floor space for the purposes of calculating floor area.

[6] Retail as an accessory use to wholesale business only provided that the retail use meets the following requirements:

[a] The maximum permitted floor area for the accessory retail use is limited to 2,000 square feet or 5% of the gross floor area, whichever is less.

[b] No outdoor sale of goods shall be permitted.

[c] The accessory retail use must be clearly incidental to the principal use.

[d] The products sold must be produced by or related to the principal use.

[e] A designated parking area shall be provided for the retail use. This parking area shall provide a clearly marked pedestrian access route to the retail portion of the structure that does not intersect with the travel path of any vehicles that serve the wholesale business.

(c) Conditional uses.

[1] Fast food restaurants in accordance with the standards set forth at § 89-44D(14).

(d) Bulk and area regulations. Refer to 89 Attachment 9.

(e) Any building constructed within the M-B (Business Zone) shall have a minimum gross first-floor area of 5,000 square feet.

(2) MB/R Manufacturing Business/Retail Overlay Zone.

(a) Permitted uses.

[1] All uses permitted within the MB Zone.

[2] Planned commercial developments consisting of one or more of the uses permitted within the MB Zone and/or one or more of the retail, service or other specified uses listed below in accordance with the standards set forth at § 89-44D(16).

[a] Retail sales.

[b] Personal services.

[c] Fitness centers.

[d] Assisted-living facilities in accordance with standards set forth at § 89-44D(17).

[e] Banks.

[f] Post offices.

[g] Municipal buildings.

[h] Public utility offices.

(b) Accessory uses.

[1] All accessory uses permitted within the M-B Zone.

(c) Conditional uses.

[1] Fast-food restaurants in accordance with the standards set forth at § 89-44D(14).

(d) Bulk and area regulations. Refer to 89 Attachment 9.[15]

[15] Editor's Note: The attachment is included at the end of this chapter.

(3) MB/R-TH/SCH Residential Townhouse Senior Citizen Housing Overlay Zone.

(a) Permitted uses.

[1] All uses permitted within the MB Zone.

[2] Townhomes in accordance with the requirements set forth at § 89-44D(15).

(b) Accessory uses.

[1] All accessory uses permitted within the M-B Zone.

(c) Bulk and area regulations. Refer to 89 Attachment 9.[16]

[16] Editor's Note: The attachment is included at the end of this chapter.

(4) PBO-88 Professional and Business Office Zone.

(a) Permitted uses.

[1] Business and professional offices.

[2] Retail sales.

[3] Personal services.

[4] Buildings with mixed uses that are permitted within the PBO-88 Zone.

[5] Communications.

[6] Financial services.

[7] Document imaging.

[8] Educational services, such as data processing schools, business and secretarial schools and job training and vocational rehabilitation services but excluding primary and secondary schools and colleges.

[9] Headquarters mixed-use complex, including executive offices, laboratories and research facilities.

[10] Scientific engineering and/or research laboratories devoted to research, design and/or experimentation and processing and fabrication incidental thereto.

[11] Health care testing service facility.

[12] Ambulatory health care facility.

[13] Business park developments in accordance with the standards set forth at § 89-44D(13).

[14] Hotels and motels in accordance with the standards set forth at § 89-44D(9).

[15] Municipal and public utility offices.

[16] Child day-care services and children's play areas, in accordance with N.J.A.C. 10:122, Manual of Requirements for Child Care Centers.

[17] Public utilities in accordance with the standards set forth at § 89-44D(8).

(b) Conditional uses. A fast-food restaurant shall be a conditional use in the PBO-88 development zone provided the following criteria are met:

[Added 12-6-2017 by Ord. No. 07-2017[17]]

[1] Lot frontage and width shall be a minimum of 250 feet.

[2] Minimum square footage of the principal building shall be 2,000 square feet.

[3] Any fast-food restaurant which permits ordering of food from a vehicle must provide a queuing area sufficient to permit 10 cars to be queued without obstructing the normal flow of traffic on the site.

[4] There shall be provided on-site parking on the basis of one space per employee and one per two seats.

[5] Access to the site shall not be provided to the site via a state highway.

[17] Editor's Note: This ordinance also provided for the redesignation of former Subsection D(4)(b) and (c) as Subsection D(4)(c) and (d), respectively.

(c) Accessory uses.

[1] Off-street parking in accordance with 89 Attachment 10.[18]

[18] Editor's Note: The attachment is included at the end of this chapter.

[2] Signs.

[3] Essential services.

[4] Recycling containers within enclosures.

(d) Bulk and area regulations. Refer to 89 Attachment 9.[19]

[19] Editor's Note: The attachment is included at the end of this chapter.

(5) PBO-200 Professional and Business Office Zone.

(a) Permitted uses.

[1] Light industry.

[2] Wholesale business.

[3] Warehousing.

[4] Business and professional offices.

[5] Flex office/warehousing.

[6] Buildings with mixed uses that are permitted within the PBO-200 Zone.

[7] Communications.

[8] Financial services.

[9] Document imaging.

[10] Educational services, such as data processing schools, business and secretarial schools and job training and vocational rehabilitation services but excluding primary and secondary schools and colleges.

[11] Headquarters mixed-use complex, including executive offices, laboratories and research facilities.

[12] Scientific engineering and/or research laboratories devoted to research, design and/or experimentation and processing and fabrication incidental thereto.

[13] Health care testing service facility.

[14] Ambulatory health care facility.

[15] Business park developments.

[16] Hotels and motels in accordance with the standards set forth at § 89-44D(9).

[17] Fitness centers.

[18] Child day-care services and children's play areas, in accordance with N.J.A.C. 10:122, Manual of Requirements for Child Care Centers.

[19] Public utilities in accordance with the standards set forth at § 89-44D(8).

(b) Accessory uses.

[1] Off-street parking in accordance with 89 Attachment 10.[20]

[20] Editor's Note: The attachment is included at the end of this chapter.

[2] Signs.

[3] Essential services.

[4] Recycling containers within enclosures.

[5] Warehouse storage mezzanines as an accessory use to warehouse/storage areas.

[a] Warehouse storage mezzanines are not considered floor space for the purposes of calculating floor area.

[6] Retail as an accessory use to wholesale business only provided that the retail use meets the following requirements:

[a] The maximum permitted floor area for the accessory retail use is limited to 2,000 square feet or 5% of the gross floor area, whichever is less.

[b] No outdoor sale of goods shall be permitted.

[c] The accessory retail use must be clearly incidental to the principal use.

[d] The products sold must be produced by or related to the principal use.

[e] A designated parking area shall be provided for the retail use. This parking area shall provide a clearly marked pedestrian access route to the retail portion of the structure that does not intersect with the travel path of any vehicles that serve the wholesale business.

(c) Bulk and area regulations. Refer to 89 Attachment 9.[21]

[21] Editor's Note: The attachment is included at the end of this chapter.

(d) Any building constructed within the PBO-200 (Professional and Business Office Zone) shall have a minimum gross first-floor area of 5,000 square feet.

(6) M-1 Manufacturing Zone.

(a) Permitted uses.

[1] Light industry.

[2] Construction contractors

[3] Buildings with mixed uses that are permitted within the M-1 Zone.

[4] Business and professional offices.

[5] Wholesale business.

[6] Communications.

[7] Flex office/warehousing.

[8] Warehousing.

[9] Financial services.

[10] Document imaging.

[11] Educational services, such as data processing schools, business and secretarial schools and job training and vocational rehabilitation services but excluding primary and secondary schools and colleges.

[12] Headquarters mixed-use complex, including executive offices, laboratories and research facilities.

[13] Health care testing service facility.

[14] Ambulatory health care facility.

[15] Industrial park in accordance with the standards set forth at § 89-44D(12).

[16] Business park developments.

[17] Government office.

[18] Child day-care services and children's play areas, in accordance with N.J.A.C. 10:122, Manual of Requirements for Child Care Centers.

[19] Public utilities in accordance with the standards set forth at § 89-44D(8).

(b) Accessory uses.

[1] Off-street parking in accordance with 89 Attachment 10.[22]

[22] Editor's Note: The attachment is included at the end of this chapter.

[2] Signs.

[3] Essential services.

[4] Recycling containers within enclosures.

[5] Warehouse storage mezzanines as an accessory use to warehouse/storage areas.

[a] Warehouse storage mezzanines are not considered floor space for the purposes of calculating floor area.

[6] Retail as an accessory use to wholesale business only provided that the retail use meets the following requirements:

[a] The maximum permitted floor area for the accessory retail use is limited to 2,000 square feet or 5% of the gross floor area, whichever is less.

[b] No outdoor sale of goods shall be permitted.

[c] The accessory retail use must be clearly incidental to the principal use.

[d] The products sold must be produced by or related to the principal use.

[e] A designated parking area shall be provided for the retail use. This parking area shall provide a clearly marked pedestrian access route to the retail portion of the structure that does not intersect with the travel path of any vehicles that serve the wholesale business.

(c) Bulk and area regulations. Refer to 89 Attachment 9.[23]

[23] Editor's Note: The attachment is included at the end of this chapter.

(7) M-2 Manufacturing Zone.

(a) Permitted uses.

[1] Light industry.

[2] Business park developments.

[3] Buildings with mixed uses that are permitted within the M-2 Zone.

[4] Business and professional offices.

[5] Wholesale business.

[6] Communications.

[7] Flex office/warehousing.

[8] Warehousing.

[9] Financial services.

[10] Document imaging.

[11] Educational services, such as data processing schools, business and secretarial schools and job training and vocational rehabilitation services but excluding primary and secondary schools and colleges.

[12] Headquarters mixed-use complex, including executive offices, laboratories and research facilities

[13] Health care testing service facility.

[14] Ambulatory health care facility.

[15] Child day-care services and children's play areas, in accordance with N.J.A.C. 10:122, Manual of Requirements for Child Care Centers.

[16] Public utilities in accordance with the standards set forth at § 89-44D(8).

(b) Accessory uses.

[1] Off-street parking in accordance with 89 Attachment 10.[24]

[24] Editor's Note: The attachment is included at the end of this chapter.

[2] Signs.

[3] Essential services.

[4] Recycling containers within enclosures.

[5] Warehouse storage mezzanines as an accessory use to warehouse/storage areas.

[a] Warehouse storage mezzanines are not considered floor space for the purposes of calculating floor area.

[6] Retail as an accessory use to wholesale business only provided that the retail use meets the following requirements:

[a] The maximum permitted floor area for the accessory retail use is limited to 2,000 square feet or 5% of the gross floor area, whichever is less.

[b] No outdoor sale of goods shall be permitted.

[c] The accessory retail use must be clearly incidental to the principal use.

[d] The products sold must be produced by or related to the principal use.

[e] A designated parking area shall be provided for the retail use. This parking area shall provide a clearly marked pedestrian access route to the retail portion of the structure that does not intersect with the travel path of any vehicles that serve the wholesale business.

(c) Bulk and area regulations. Refer to 89 Attachment 9.[25]

[25] Editor's Note: The attachment is included at the end of this chapter.

(8) Public utility uses shall observe and be regulated by the following:

(a) Proof shall be furnished that the proposed use in a specific location is necessary for the efficiency of the public utility system.

(b) The design of any building in connection with such facility shall conform to the general character of the area and will in no way adversely affect the safe and comfortable enjoyment of property rights of adjoining property or within the neighborhood.

(c) Adequate and attractive fences and other safety devices shall be provided and sufficient landscaping, including shrubs, trees and lawn shall be provided and will be periodically maintained by the public utility.

(d) Compliance with the design standards portion of this chapter.

(9) Hotels and motels shall observe and be regulated by the following:

(a) The entire area of the site for the travel or parking of motor vehicles will be covered by an all-weather, hard surface, constructed in accordance with the design standards portion of this chapter.

(b) Parking spaces shall be provided to meet the individual standards for all of the individual activities to be conducted on the site.

(c) No sleeping unit including bathroom and other appurtenant facilities shall be smaller than 300 square feet.

(d) No hotel or motel shall contain less than 100 sleeping units.

(e) In the PBO-88 Zone, a hotel is permitted only if the property upon which the building is to be constructed fronts upon at least two streets which are both major or arterial roads as designated on the Eatontown Borough Master Plan.

(f) In the PBO-88 Zone, in the event a hotel building exceeds 50 feet in height, the required minimum setbacks from property lines which are also street lines shall be increased to be equal to 1 1/2 times the height of the building and the required minimum setback from all other property lines shall be equal to the height of the building. In addition, the building shall be placed on the lot so that the shadow of the building at noon on December 22 will not extend onto any other property, excepting public streets, farther than the required setback lines on that property in accordance with the zoning regulations applicable to that property.

(10) Processing and fabricating incidental to scientific, engineering and/or research laboratories may be conducted within buildings housing those uses provided that no materials or finished products shall be manufactured, processed, or fabricated on said premises, for sale, except such as are incidental to said laboratory, research, design or experimentation conducted on the premises.

(11) At least 25% of the gross lot area shall remain in a natural wooded state, should such exist, or be landscaped and seeded and used for no other industrial purposes and continuously maintained.

(12) Within an M-1 Zone a developer may elect to create an industrial park development in which event the following shall apply:

(a) The size of the tract shall be at least 20 acres.

(b) The proposed uses shall be those uses permitted in the M-1 Manufacturing Zone.

(c) Individual lots within the tract may be as small as but shall not be less than one acre, with a width of not less than 200 feet. Lot width shall be not less than 50% of lot depth.

(d) The minimum front yard or individual lots shall not be less than 50 feet except where a building exceeds 80,000 square feet and then the minimum front yard shall not be less than 100 feet.

(e) The minimum side yards on individual lots shall not be less than 40 feet.

(f) The minimum rear yard on individual lots shall be not less than 40 feet.

(g) No building shall contain less than 5,000 square feet gross floor area at ground level, and no building shall cover less than 12.5% nor more than 30% of the gross area of the individual lot upon which it is situated.

(h) Certificates of use and occupancy may be procured for each individual building in accordance with the procedures for procuring such permits set forth within this chapter. No certificates of use and occupancy shall be granted for any building within the tract until:

[1] The structure is complete according to approved plans.

[2] Any screening required around a building or parking area is accomplished and assured by a maintenance guarantee.

[3] Surfaced roads and/or driveways are constructed to provide access to the off-street parking facilities for that building.

[4] Off-street parking facilities serving the building are surfaced.

[5] All requirements otherwise a condition for the granting of a certificate of use and occupancy are met.

(13) Within a PBO-88 Zone, a developer may elect to create a business park development in which event the following shall apply:

(a) The size of the tract shall be at least 88,000 square feet.

(b) The proposed uses shall be those permitted in the PBO-88 Zone.

(c) The individual lots within the tract may be as small as but shall be not less than 20,000 square feet in area, with a width of not less than 90 feet and a depth of not less than 175 feet.

(d) The minimum front yards of individual lots shall be not less than 50 feet.

(e) The minimum side yard on an individual lot shall be not less than 15 feet on one side and 40 feet on both sides.

(f) The minimum rear yard on individual lots shall be not less than 50 feet.

(g) The maximum lot coverage on individual lots shall be 30%.

(h) Additional yard requirements or buffering requirements shall apply to individual lots as they would to a single 88,000 square foot or larger lot within the PBO-88 Zone.

(i) Internal streets or roads shall be constructed to the standards of the applicable articles of this chapter.

(j) Certificates of use and occupancy may be procured for each individual building in accordance with the procedures for procuring such permits set forth within this chapter. No certificates of use and occupancy shall be granted for any building within the tract until:

[1] The structure is complete according to approved plans.

[2] Any screening required around a building or parking area is accomplished and assured by a maintenance guarantee.

[3] Surfaced roads and/or driveways are constructed to provide access to the off-street parking facilities for that building.

[4] Off-street parking facilities serving the building are surfaced.

[5] All requirements otherwise a condition for the granting of a certificate of use and occupancy are met.

(14) The conditional use criteria for fast-food restaurants are set forth below.

(a) Lot frontage and width shall be a minimum of 250 feet.

(b) Minimum square footage of the principal building shall be 2,000 square feet.

(c) In any fast-food restaurant which permits the ordering of food from a vehicle by means of an electronic sound system and delivery through a drive-in window, there shall be required a landscaped buffer zone of 30 feet in accordance with the standards set forth in § 89-39G on the side(s) of the property where such facilities are located, same to be measured from the rear or side property lines to the commencement of the parking area.

(d) Front yard setback shall be a minimum of 50 feet.

(e) Any fast-food restaurant which permits the ordering of food from a vehicle must provide a queuing area sufficient to permit 10 cars to be queued without obstructing the normal flow of traffic on the site.

(f) There shall be provided on-site parking on the basis of one space per employee and one per two seats.

(15) Development in R-TH/SCH Overlay Zone. (Note: The rights to develop under the enhanced zoning created by the R-TH/SCH Overlay Zone are premised upon the payment of a fee in accordance with Ord. No. 16-2000. No application for the development of this property shall be deemed complete until an agreement has been entered into by the applicant with the Borough of Eatontown memorializing that the right to develop pursuant to this ordinance is premised upon the payment of an enhanced fee for senior citizen residential zoning of a site previously zoned nonresidential, as provided by Ord. No. 16-2000.[26]

(a) In the R-TH/SCH Overlay Zone, a developer may develop a contiguous residential cluster of townhouses in accordance with these standards and regulations. All housing developed under the provisions of the R-TH/SCH Overlay Zone shall qualify as housing for older persons within the meaning of the United States Fair Housing Act. Property developed under the terms of the R-TH/SCH overlay shall be used solely as housing for older persons. The permanent residents of the development shall be restricted to residents who are at least 55 years of age or over and a husband or wife under the age of 55 years who is residing with his/her spouse who is 55 years of age or over. No persons under the age of 18 shall be permitted as permanent residents.

(b) There shall be restrictive covenants placed on the development to ensure that the units qualify as housing for older persons within the meaning of the United States Fair Housing Act. An applicant for development shall demonstrate his intent to operate the development as housing designed for persons who are 55 years of age or over by submitting for Board review and approval the written rules, regulations, covenants and restrictions that the development will operate under to restrict occupancy to persons age 55 and over within the meaning of the United States Fair Housing Act, inclusive of the procedures that the development will establish for routinely determining the occupancy of each unit. No application for development shall be deemed complete unless the written rules, regulations, covenants, restrictions and verification procedures have been submitted. All required improvements for the R-TH/SCH development shall be complete prior to the issuance of certificates of occupancy for more than 75% of the townhouses. Any development shall be subject to the following:

[1] The tract size shall be minimum of 10 contiguous acres within the R-TH/SCH Overlay Zone.

[2] The tract shall have not less than 500 feet of frontage upon a public street which preexists the development or which will be constructed in accordance with the approved application for development and other applicable standards and specifications.

[3] The maximum density for any development shall be four dwelling units per gross acre.

[4] The maximum coverage of the land area shall not exceed 20%. The maximum coverage by all impervious surfaces and structures shall not exceed 40%.

[5] No building shall be closer than 50 feet to any existing or proposed public street, nor closer than 10 feet to any collective parking lot; no closer than 20 feet to any curbline or cartway of an internal, private street; no closer than 10 feet to a common sidewalk; no closer than 50 feet to any tract boundary; and no closer than 30 feet to another structure which contains a dwelling unit; and no closer than 20 feet to a detention basin.

[a] A deck or patio is permitted to project not more than eight feet into the minimum building setback and/or buffer required from the side and rear property lines of the tract boundary.

[b] The rear elevation of any dwelling unit shall be at least 40 feet from the rear elevation of any other dwelling units.

[6] The front facade of any structure containing more than one dwelling unit shall not continue on the same plane without incorporating architectural features that provide variations in the facade to create a desirable visual environment. Acceptable features may include, but are not limited to, bay windows, recessed entryways, porches, gable windows, building offsets and gable walls.

[7] Not less than three nor more than eight townhouse dwelling units shall be contained within any one structure.

[8] All streets and roads within the development shall be private streets which shall have a minimum paved cartway width of 30 feet and be constructed in accordance with Borough specifications. The streets shall be constructed with Belgian block curb and with sidewalk. A developer who opts to develop property under the terms of the R-TH/SCH Zone shall execute an agreement with the Borough to exceed the applicable standards of the New Jersey Residential Site Improvement Standards and construct the development in accordance with the requirements of the R-TH/SCH Zone and Borough standards. The agreement to exceed shall be drawn and executed by the developer in accordance with N.J.A.C. 5:21-3.6 prior to the grant of any preliminary approval.

[9] Every complex shall be served by public water and public sanitary sewer which shall be installed by and at the expense of the developer. In addition, the developer shall install drives, parking facilities and all-weather pedestrian walkways, streetlights, fire hydrants, drainage facilities and other improvements as may be required in accordance with the standards and ordinances of the Borough of Eatontown.

[10] All utilities shall be installed underground.

[11] The application shall include a plan for the storage and collection of solid waste and recyclables. Garbage and refuse collection may be provided as curbside pickup from each individual unit or at centralized collection points within the development. Collection shall be the responsibility of the entity responsible for maintenance of the common elements within the development. If centralized collection points are provided, they shall be suitable for containerized collection and screened from view by solid fence, block wall or other suitable material. Screening shall be on three sides.

[12] Open space shall be provided in accordance with the requirements of § 89-62, Common open spaces and public open spaces, except as may be otherwise specified herein for the R-TH/SCH Zone. At least 60% of the gross tract area shall be designated as common open space. Open space at the perimeter of the development tract shall be at the least 40 feet in width. The Planning Board may permit open space areas to be less than two contiguous acres where appropriate. A landscaped common open space area at least 50 feet in width shall be maintained along any existing or proposed public street. The Planning Board may require that the open space arrangement be designed to provide a greater width to separate the residential dwellings from nonresidential land use on adjacent properties developed or zoned for nonresidential use. Detention basins may be located in open space areas with the approval of the Planning Board. The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of the development.

[13] The maximum building height shall be 35 feet and 2 1/2 stories, whichever is less.

[14] Each dwelling unit shall contain a minimum of 300 cubic feet of storage area. The storage area shall be in addition to the floor area requirements for each dwelling unit but may be included within the confines of the garage, basement or cellar. Where provided with the garage, storage space shall be in addition to the space required for a vehicle.

[15] Each dwelling unit shall have a private ground area accessible directly from the unit having a total area of at least 400 square feet.

[16] The width of each dwelling unit shall be not less than 30 feet. Townhouse dwelling units may be platted as fee simple lots. Townhouse lots shall not be less than 1,800 square feet in an area with a minimum width of 30 feet and a minimum depth of 60 feet.

[17] Each dwelling unit shall provide at least 2.5 off-street parking spaces which shall be developed as a combination attached two-car garage and paved driveway. The residential two-car garage and driveway combination shall provide a driveway width of 20 feet of a minimum length of 18 feet between the face of the garage door, the cartway of the street or sidewalk. The deed restrictions and covenants of the residential cluster shall prohibit the conversion of the required garage space to living space. A developer who opts to develop property under the terms of the R-TH/SCH Zone shall execute an agreement with the Borough to exceed the applicable standards of the New Jersey Residential Site Improvement Standards with respect to off-street parking and construct the development in accordance with the requirements of the R-TH/SCH Zone.

[18] The development may provide for a separate accessory building that will serve as a maintenance/storage area for the project. The appearance of the structure shall be similar to that of the principal buildings within the project. The location of the structure shall be shown on the site plan submitted for approval and shall be appropriate to serve its function and overall site layout. It shall have a minimum floor area of 600 feet and a maximum height of 18 feet.

[19] A standard detail and plan for any deck or patio design and related fencing or privacy screening shall be included with the site plan submitted for approval. No external alterations to any structure may be made unless specifically approved by the homeowners' association. No freestanding structures, such as sheds or other storage structures, gazebos or similar structures may be constructed within the development unless specifically approved by the homeowners' association and the Planning Board.

[20] All proposed restrictive covenants, articles of incorporation, master deed and bylaws or other documents in conjunction with the creation of a homeowners' association, a trust or other vehicle to provide for ownership and maintenance of common land or facilities shall be submitted to the Borough for the review and approval by the Borough Planning Board and approved by the Borough Attorney prior to the preliminary approval of any proposed subdivision or any proposed site plan.

[21] In all instances where the maintenance or repair of any wall, fence or other improvement by its owner or his agent would require entry upon an adjacent property, an appropriate easement shall be created in favor of the subject owner. Said easement shall be detailed and specific as to required notice for and any time limitations upon right of entry. It shall also provide for a specific means of arbitration in the event of the dispute.

[22] Prior to the approval of R-TH/SCH Overlay Zone of a residential cluster of senior citizen housing, the Planning Board shall find the following facts and conclusions:

[a] That the development conforms to the requirements of the R-TH/SCH Overlay Zone.

[b] That the proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.

[c] That the provision of the physical design of the proposed development for public services, control over pedestrian and vehicular traffic and the amenities of light, air, recreation and visual enjoyment are adequate.

[d] That the development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

[e] That the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

[26] Editor's Note: Editor's Note: See also § 89-106, Affordable housing fees.

(16) In the MB/R Manufacturing Business/Retail Overlay Zone, land may be used and developed in accordance with the use restrictions and standards and regulations applicable to the MB Zone. Alternatively, a developer may develop a planned commercial development that includes one or more uses permitted within the MB Zone. A planned commercial development shall conform to the standards, requirements, and limitations applicable to the MB/R Zone.

(a) Front yard open space. A minimum front yard-open space of 50 feet shall be provided. No buildings, parking areas, loading areas, display of goods or merchandise, or areas for holding solid waste or recyclables shall be permitted in the front yard open space. Any planned commercial development in the MB/R Overlay Zone shall landscape and maintain the front yard open space in accordance with a landscaping plan approved by the Planning Board.

(b) Landscaping requirement. The landscaping of a planned commercial development shall conform to the landscaping requirements of the B-2 Zone set forth under § 89-44C(2)(e)[2].

(c) Pedestrian circulation requirements. Improvements for the safety, convenience, and amenity of pedestrians, including the disabled, shall be required for a planned commercial development. A pedestrian circulation plan shall be included with an application for approval of a planned commercial development. Site furnishings for pedestrian convenience including seating areas, bicycle racks, waste receptacles, directional signage, and shelters shall be provided where deemed appropriate and suitable by the municipal agency. The pedestrian circulation plan shall be based on the Pedestrian Compatible Planning and Design Guidelines of the New Jersey Department of Transportation and shall be an integral part of the overall circulation system of the development and coordinated with all other access to the site including public transportation, automobiles, and bicycles. The pedestrian circulation plan and improvements shall conform to the pedestrian circulation standards and requirements set forth in § 89-44C(2)(e)[3] for the B-2 Zone.

(d) Outdoor storage and displays. No outdoor displays or storage of goods, materials, or merchandise are permitted. All shopping carts shall be stored inside the buildings.

(e) Solid waste and recycling requirements. A solid waste disposal and recycling plan in accordance with the standards and regulations as outlined in § 89-75 shall be submitted for review and approval. Trash compactors shall be used to minimize the storage and volume of waste for all commercial and retail uses that exceed 10,000 square feet of gross floor area. Trash compactors shall not be operated between the hours of 7:00 p.m. and 7:00 a.m.

(f) The planned commercial development shall be subject to site plan approval and shall be limited to the uses and be subject to the standards set forth for the MB/R Retail Overlay Zone within 89 Attachment 9.[27]

[27] Editor's Note: Editor's Note: The attachment is included at the end of this chapter.

(g) Unless a different standard, requirement, or restriction is specified herein or in 89 Attachment 9, the planned commercial development shall otherwise adhere to the development standards of the MB Zone, including but not limited to, buffering in accordance with the requirements of § 89-39, and any other applicable requirement of this chapter.

(h) Prior to the approval of a planned commercial development in the MB/R Overlay Zone, the Planning Board shall make the requisite findings of fact and conclusions as prescribed by N.J.S.A. 40:55D-45 for planned developments.

(i) The right to develop any property under the enhanced zoning created by Ord. No. 03-2001 is subject to the payment of an affordable housing development fee in accordance with Ord. No. 16-2000 and the provisions set forth therein for the payment of nonresidential fee where a developer secures increased nonresidential development rights through a rezoning.[28] No application for the development of property that has been rezoned B-2 or MB/R pursuant to Ord. No. 03-2001 shall be deemed complete until an agreement has been entered into by the applicant with the Borough of Eatontown memorializing that the right to develop pursuant to Ord. No. 03-2001 is premised upon the payment of an enhanced affordable housing development fee, as provided by Ord. No. 16-2000. No application for development of property pursuant to the rezoning of Ord. No. 03-2001 shall be approved unless the Borough and the developer enter into an agreement with respect to the enhanced fee and increased development rights and the agreement is approved by the Court as provided by Ord. No. 16-2000.

[28] Editor's Note: Editor's Note: See also § 89-44.1, Nonresidential developers right to develop under Ord. No. 3-2001, and § 89-106, Affordable housing fees.

(17) In the MB/R Overlay Zone, assisted-living facilities shall be permitted as part of a planned commercial development subject to the following standards and requirements:

(a) The maximum density of the facility shall be 15 dwelling units per acre. For the purpose of determining the density of the facility, each apartment style residence shall be considered a dwelling unit. The assisted-living facility shall include provisions for the services set forth in this section and for contracted services for meals and intermittent medical and social services and other such services as may be required by the State of New Jersey and any agency regulating the ownership, maintenance, and operation of the assisted-living facility. The facility may include personal care amenities. The assisted-living facility shall be developed in accordance with the following regulations:

[1] All structures shall comply with minimum New Jersey Housing Finance Agency, New Jersey Department of Health and United States Department of Housing and Urban Development Standards for the number of units per structure, distance between buildings and other design standards.

[2] Dwelling unit sizes and requirements.

[a] Dwelling unit sizes shall provide minimum square footage of habitable living areas as follows:

	Type of Unit	Minimum Square Footage
	Efficiency suite	300
	One-bedroom	400
	Two-bedroom	625

[b] No units shall have more than two bedrooms.

[c] Each dwelling unit shall contain a bathroom with a toilet, bathtub, and/or shower and handwashing sink.

[d] Each dwelling unit shall contain, at a minimum, a small refrigerator, a cabinet for food storage, a small bar type sink and space with electrical outlets suitable for small cooking appliances, for example, a microwave, a two-burner cooktop or a toaster oven.

(b) Services required. An assisted-living facility shall provide the following services to residents:

[1] Assistance with personal care, nursing, pharmacy, dining, activities, recreational and social work services to meet the individual needs of each resident; and

[2] Resident transportation, either directly or by arrangement, to and from health care services provided outside the residence, as well as for transfer of records and resident information to and from the service provider; and

[3] Security and accountability for residents and their personal possessions; and

[4] Assistance in arranging for transportation to activities of social, religious, and community groups in which residents choose to participate; and

[5] Emergency medical services.

(c) An assisted-living facility shall maintain the following agreements pertaining to services:

[1] A written referral and/or transfer agreement with at least one licensed acute care hospital in New Jersey; and at least one licensed state, county, or private psychiatric hospital in New Jersey; and at least one New Jersey long-term care facility.

[2] A written plan for arranging for emergency transportation of residents for medical care and returning them to the assisted-living residence.

[3] An agreement with a provider of emergency medical services to provide the first response to medical emergencies.

(d) Qualification of residents. An-assisted living facility shall restrict admissions and occupancy to residents who:

[1] Do not require twenty-four-hour-a-day, seven-day-per-week nursing care; or

[2] Are not bedridden for more than 14 consecutive days; or

[3] Are not consistently and totally dependent in four or more of the following activities: eating, bathing, dressing, grooming, or toileting; or

[4] Do not have cognitive decline severe enough to prevent the making of simple decisions regarding activities such as bathing, dressing, and eating and cannot respond appropriately to cueing or simple directions; or

[5] Do not require treatment of a stage three or four pressure sore or multiple stage two pressure sores; or

[6] Do not require more than assistance with transfer as defined in N.J.A.C. 8:36-1.3; or

[7] Are not a danger to self or others; or

[8] Do not have a medically unstable condition and/or special health problems, and a regimen of therapy cannot be appropriately developed and implemented in the assisted-living environment.

(e) Personal care amenities. An assisted-living facility may include services supportive to a resident's care and comfort including, but not limited to, assistance with activities of daily living such as, but not limited to, fitness centers, wellness centers, beauty salons, gift shops, luncheonettes, and the sale of sundries.

(f) The right to develop any property under the enhanced zoning created by Ord. No. 03-2001 is subject to the payment of an affordable housing development fee in accordance with Ord. No. 16-2000 and the provisions set forth therein for the payment of nonresidential fee where a developer secures increased nonresidential development rights through a rezoning.[29] No application for the development of property that has been rezoned B-2 or MB/R pursuant to Ord. No. 03-2001 shall be deemed complete until an agreement has been entered into by the applicant with the Borough of Eatontown memorializing that the right to develop pursuant to Ord. No. 03-2001 is premised upon the payment of an enhanced affordable housing development fee, as provided by Ord. No. 16-2000. No application for development of property pursuant to the rezoning of Ord. No. 03-2001 shall be approved unless the Borough and the developer enter into an agreement with respect to the enhanced fee and increased development rights and the agreement is approved by the Court as provided by Ord. No. 16-2000.

[29] Editor's Note: Editor's Note: See also § 89-44.1, Nonresidential developers right to develop under Ord. No. 3-2001, and § 89-106, Affordable housing fees.

E. Public land zone.

[Amended 9-19-2007 by Ord. No. 23-2007]

(1) This zone shall encompass lands within the public domain and public or private schools.

(2) Permitted uses shall be those deemed appropriate by the Borough Council to include but not be limited to parks, playfields, playgrounds, recreation, administrative or utility buildings and installations, libraries, historical buildings, or other cultural or community centers, or other similar public uses, or deemed appropriate by the local or regional school district board to include public school or private school educational and administrative buildings and related uses and buildings.

F. Regulations applying to the Historic District and historic sites/structures.

[Amended 12-7-2022 by Ord. No. 19-2022]

(1) The HD (Historic District) Zone is for the purpose of preserving cultural, social, economic and architectural history through the preservation of historically significant buildings and to create an appropriate and harmonious neighborhood for the historically significant buildings. Therefore, the HD (Historic District) Zone and historic sites or structures outside of the HD Zone shall regulate the following activities (hereinafter "regulated activities") on any historic site or structure or within an Historic District:

(a) Change in the exterior appearance of any building, structure or improvement by addition, reconstruction, alteration, replacement or maintenance;

(b) Any additional or new construction of an improvement;

(c) Replacement, changes in, or addition of signs, shutters, outdoor displays, fences and hedges, street furniture, awnings, off-street driveway and parking materials, or exterior lighting;

(d) Installation or replacement of porches, fire escapes, solar panels, and satellite dish antennas.

(e) Demolition of any historic landmark or an improvement within the Historic District.

(f) Relocation of any building, structure or improvement.

(2) In addition to all other requirements of this chapter, no building or structure shall undergo any regulated activity within the Historic District and/or an historic site or structure unless and until an application for a building permit shall have been approved as to exterior architectural features which are subject to public view from a public street, way or place. Evidence of such required approval shall be a certificate of appropriateness issued by the Planning Board. Upon receiving an application for a building permit in the Historic Zone and/or historic sites or structures, the Construction Official shall promptly forward three copies thereof to the Administrative Secretary, who shall place it on the agenda of the next meeting of the Planning Board. The Construction Official shall promptly forward a copy thereof to the Secretary of the Historical Committee for the Committee's review and comment pursuant to the procedure set forth in § 89-16.

(3) In reviewing the plans, the Planning Board shall give consideration to:

(a) The historical or architectural value and significance of the structure and its relationship to the historic value of the surrounding area;

(b) The general compatibility of exterior design, arrangement, texture and materials proposed to be used;

(c) Any other factor, including aesthetic, which it deems pertinent; and

(d) The input and recommendations of the Historical Committee.

(4) The Planning Board shall pass only on exterior features of a structure and shall not consider interior arrangements, nor shall it disapprove applications except in regard to considerations as set forth in the previous subsection.

(5) It is the intent of this section that the Planning Board be strict in its judgment of plans for regulated activities of historical sites and structures and existing structures deemed to be valuable according to studies, approved by the Planning Board of the Borough of Eatontown, by qualified persons using as the criteria of evaluation those developed by the National Trust for Historic Preservation. In addition to the list of structures listed in the definition of "historic site or structure" in § 89-4, a list of such structures designated by street address and block and lot number is maintained by the Eatontown Historical Committee to guide the Planning Board in its judgments.

(6) It is the intent of this section that the Planning Board and Historical Committee shall encourage any alterations or repairs to structures on this list be made in the spirit of their architectural style, and that any additions will be made in such a manner as not to detract from a building's original appearance.

(7) The buildings included on the list, referred to in Subsection F(5) above, are those structures within the district that are deemed to be valuable for the period of architecture they represent and important to the neighborhood within which they exist. It is intended that demolition of these structures should be discouraged as their loss will be common loss to the Borough and the neighborhood. Moving of a structure on the list should be encouraged as an alternative to demolition, if there is no other way to save the structure.

(8) It is also the intent of this section that the Planning Board shall be lenient in its judgment of plans for new construction or for alterations, repair, or demolition of structures of little historic value not shown on the list which are within the Historic District, except where such construction, alteration, repair or demolition would seriously impair the historic value and character of surrounding structures or the surrounding area.

(9) Demolition or removal may be forbidden or postponed for a period of six months (after public hearing granted to applicant if desired) and the Planning Board shall then consult civic groups and public agencies to ascertain how the Borough may preserve the building and/or premises. The Planning Board is empowered to work out with the owner feasible plans for preservation of structures where moving or demolition thereof would be a great loss to the public and to the Borough.

(10) When it is necessary to move an historic building to another site within the Borough to preserve it, upon approval of the relocation plans by the Planning Board, said building may be relocated providing it fulfills the area regulations of said zone as to lot size, setback and yard area.

(11) The Planning Board shall have the power to engage experts to aid in its deliberations. The Planning Board shall have the power to issue a certificate of approval if it approves of the plans submitted to it for its review. A building permit shall not be issued until such certificate of approval has been issued by the Planning Board.

(12) The Planning Board, in passing on the appropriateness of exterior architectural features in any case, shall keep in mind the purposes set forth in Subsection F(1), above, and shall consider among other things the general design, arrangement, texture, material and color of the building or structure in question and the relation of such factors to similar features of buildings and structures in the immediate surroundings, and the position of such buildings or structures in relation to the street or public way and to other buildings and structures.

(13) The Planning Board shall not consider features not subject to public view. The Planning Board shall not make any recommendations or requirements except for the purpose of preventing developments obviously incongruous to the historic aspects of the surroundings and the Historic District and/or historic sites or structures.

(14) In case of disapproval the Planning Board shall state its reasons therefor in writing and it may make recommendations to the applicant with respect to appropriateness of design, arrangement, texture, material, color and the like, of the building or structure involved.

(15) Upon approval of the plans the Planning Board shall cause a certificate of appropriateness, dated and signed by the Chairman, to be issued to the applicant or affixed to the plans.

(16) If the Planning Board shall fail to take action in any case within 60 days after receipt of any application for a certificate of appropriateness or a permit for removal, the case shall be deemed to be approved except where mutual agreement has been reached for an extension of the time limit.

(17) The following shall not be considered regulated activities under this section:

(a) Changes to the interior of structures.

(b) Ordinary repairs and maintenance or the exact replacement of any existing architectural details that are otherwise permitted by law, provided this work on an historic site or structure does not alter the exterior appearance of the building. The following are some of the activities which may be permitted according to this criteria:

[1] Complete identical replacement of existing windows and doors.

[2] Repair of existing windows and doors involving no change in their design, scale or appearance. Installation of storm windows and doors.

[3] Complete replacement of existing material with identical material.

[4] Maintenance and repair of existing roofing material involving no change in the design, scale or appearance of the structure.

[5] Structural repairs which do not alter the exterior appearance of the building.

[6] Complete identical replacement of existing roof structures such as cupolas, dormers and chimneys, or the repair of same which does not alter their exterior appearance.

[7] Complete replacement of existing shingles, clapboards, or other siding with identical material.

[8] Maintenance and repair of existing shingles, clapboards, or other siding involving no change in design, scale or appearance of the structure.

[9] Exterior painting of existing structures. The Historical Committee may recommend colors harmonious with those currently used in the historic district.

G. Floodplain regulations.

(1) Flood losses resulting from periodic inundation. Flood hazard areas are subject to periodic inundation which results in loss of property, potential loss of life, health and safety hazards, disruption of commerce and governmental services, extraordinary expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(2) General causes of flood losses. Flood losses are caused by:

(a) The cumulative effect of obstructions in flood heights and velocities;

(b) The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated or otherwise protected from flood damages.

(3) Methods used to analyze flood hazard. This chapter relies upon a two-step process for reasonably analyzing the flood hazard affecting specific land.

(a) The Official Zoning Map adopted as part of this chapter provides the first step by delineating a General Floodplain District determined to be subject to flooding based upon evidence of past flood events. The following information has been used to delineate this district:

[1] Monmouth County Soil Survey Data.

[2] U.S.G.S. topographic data.

[3] Special Flood Hazard Area Maps prepared by Department of Housing and Urban Development, Federal Insurance Administration.

(b) The second step involves a determination of the specific flood hazard limits at the site of any proposed use which will place any structure or change any existing topography existing wholly or partly within the General Floodplain District. In such instances, a case-by-case evaluation shall be undertaken by the Planning Board with expert technical assistance as necessary. The Board shall, where applicable:

[1] Estimate the discharge of the regulatory flood which is representative of large floods known to have occurred in this region and which are reasonably characteristic of what can be expected to occur on the particular streams subject to this chapter. It is in the general order of a flood which could be expected to occur on the average once every 100 years.

[2] Determine the specific flooding threat at the site of the proposed use and determine whether the use is located in a floodway or flood-fringe area by:

[a] Calculation of water-surface elevations and flood-protection elevations based upon hydraulic analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood. Flood-protection elevations shall be one foot above the water-surface elevations of the regulatory flood.

[b] Computation of the floodway required to convey this flood without increasing flood heights to an extent which would cause substantial upstream or downstream damage to existing or reasonably anticipated future development. Computation of increases in flood heights caused by any encroachment shall be based upon the reasonable assumption that there will be an equal degree of encroachment on both sides of the stream within that reach. Generally, any increase in flood stages attributable to encroachments on the floodplain of any river or stream shall not exceed 0.5 feet in any one or for the cumulative effect of several reaches.

[3] Evaluate the effects of the proposed use upon the public health, safety and general welfare in light of the purposes of this chapter and the standards established herein and deny, grant, or conditionally grant a conditional use application for the proposed use.

(4) Lands to which this chapter applies and establishment of regulatory flood-protection elevation.

(a) Lands to which this chapter applies. This chapter shall apply to all lands within the Borough of Eatontown shown on the Official Zoning Map as being located within the boundaries of the General Floodplain District.

(b) Flood protection elevation and floodway areas. The regulatory flood-protection elevation and necessary floodway areas shall be established by the Planning Board as provided in § 89-44G(7)(c) consistent with the methods specified in § 89-44G(3).

(c) Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the General Floodplain Districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of the Borough of Eatontown or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(5) Establishment of General Floodplain Zoning District. The mapped flood hazard areas within the jurisdiction of this chapter are hereby designated as the General Floodplain District. The boundaries of this district shall be shown on the Official Zoning Map. This district shall "overlay" the basic zone districts and establish additional but not separate regulations to the land use and area regulations included therein. Within this district all uses not allowed as permitted uses or permissible as conditional uses shall be prohibited.

(6) General Floodplain District.

(a) Permitted uses.

[1] Permitted uses are land uses within the floodplain areas which:

[a] Have an inherent low flood damage potential and do not obstruct flows in the floodway; and

[b] Do not require modification or relocation of the channel; and

[c] Do not increase significantly the load rate of runoff and/or erosion and sedimentation; and

[d] Are undertaken with full on-site drainage risks accepted by the owner or his assigns; and do not require site plan or subdivision approval, and do not exceed 500 square feet of floor area.

[2] Permitted uses are limited to the following:

[a] Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wildcrop harvesting.

[b] Industrial-commercial accessory uses such as loading areas, parking areas.

[c] Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat-launching ramps, swimming areas, parks, wildlife and nature preserves, and fishing areas, hiking and horseback riding trails.

[d] Residential accessory uses such as lawns, gardens, parking areas, and play areas.

[e] All permits for permitted uses in this portion of the General Floodplain District shall be issued by the Construction Official, with the endorsement of the Zoning Officer, only after consultation with the Borough Engineer.

(b) Conditional uses. All uses other than those specified in § 89-44G(6) are permitted only on application to the Administrative Secretary and the issuance of a conditional use permit by the Planning Board as provided for in § 89-44G(9) of this chapter. The General Floodplain District encompasses both floodway and flood-fringe areas. Therefore, the Planning Board as provided in § 89-44G(3) shall determine whether the proposed conditional use is located within a floodway or flood-fringe area. If it is determined that the proposed use is located within the floodway, the provisions of § 89-44G(7) shall apply. If it is determined that the proposed use is located within the flood fringe, the provisions of § 89-44G(8) of this chapter shall apply. All uses shall be subject to standards contained in this chapter.

(7) Special provisions applying to the floodway portion of the General Floodplain District.

(a) Uses permitted in § 89-44G(6) are permitted uses. All permits for permitted uses in this portion of the General Floodplain District shall be issued by the Construction Official, with the endorsement of the Zoning Officer, only after consultation with the Borough Engineer.

(b) Other uses are allowed only as conditional uses within the floodway provided they comply with the provisions of this section, § 89-44G(7)(c)[2], [3], and [4] (fill, structures, and storage of materials), other standards established in this chapter, and any conditions attached by the Planning Board to the issuance of the conditional use permits. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other use shall be permitted which acting alone or in combination with existing or reasonably anticipated uses, unduly affects the efficiency or the capacity of the floodway or unduly increases flood heights. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. Conditional uses include:

[1] Uses or structures accessory to open space or conditional uses.

[2] Railroads, streets, bridges, utility transmission lines, and pipe lines.

[3] Storage yards for equipment, machinery, or materials.

[4] Other uses similar in nature to uses described in § 89-44G(6)(a) which are consistent with the provisions set out in § 89-44G(7)(c).

(c) Standards for floodway conditional uses.

[1] All uses. No structure (temporary or permanent), fill (including fill for roads and levees) deposit, obstruction, storage of materials or equipment, or other use may be allowed as a conditional use which, acting alone or in combination with existing or future uses, unduly affects the capacity of the floodway or unduly increases flood heights. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream.

[2] Fill. Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials. Such fill or other materials shall be protected against erosion by rip-rap, gabions, reinforced earth, stone groins, retaining walls, vegetation cover, or bulkheading or any other material which may be required by the engineer.

[3] Structures (temporary or permanent).

[a] Structures shall not be designed for human habitation.

[b] Structures shall have a low flood-damage potential.

[c] The structure or structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters.

[i] Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and

[ii] So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

[d] Structures shall be firmly anchored to prevent flotation which may result in damage to other structures, restriction of bridge opening and other narrow sections of the stream or river.

[e] Service facilities such as electrical and heating equipment shall be constructed at or above the regulatory flood-protection elevation for the particular area or floodproofed.

[4] Storage of material and equipment.

[a] The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.

[b] Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

(8) Special provisions applying to the flood-fringe portion of the General Floodplain District.

(a) Permitted uses listed in § 89-44G(6)(a) are permitted uses. All permits for permitted uses in this portion of the General Floodplain District shall be issued by the Construction Official, with endorsement of the Zoning Officer, only after consultation with the Borough Engineer.

(b) Conditional use permits. Structural or other uses shall be permitted within the flood-fringe as conditional uses to the extent they are not prohibited by any other ordinance and they meet the following standards:

[1] Structures constructed on fill so that the first floor and basement floor are above the regulatory flood-protection elevation. The fill shall be at a point no lower than one foot above the regulatory flood-protection elevation for the particular area and shall extend at such elevation at least 15 feet beyond the limits of any structure or building erected thereon. However, no use shall be constructed which will adversely affect the capacity of channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility or system.

[2] Where existing streets or utilities are at elevations which make compliance with the above impractical or in other special circumstances the Planning Board may authorize other techniques for elevation of residences. Structures other than residences shall ordinarily be elevated on fill as provided in § 89-44G(7)(c)[2] but may, in special circumstances, be otherwise elevated or floodproofed to a point above the regulatory, flood-protection elevation.

[3] The Board may authorize, at an elevation below the regulatory flood-protection elevation, uses listed in § 89-44G(6)(a) of this chapter and other similar uses which will not be subject to substantial flood damage and which will not cause flood damage to other lands.

(9) Conditional use procedure.

(a) General. The general procedure for obtaining conditional use permits for uses listed in this section shall be the same as that prescribed for applications in Article V of this chapter. However, the Board shall, prior to rendering a decision thereon, require the applicant to furnish such of the following information as is deemed necessary by the Board for determining the regulatory flood-protection elevation, whether the proposed use is located in the floodway or flood-fringe, and other factors necessary to render a decision on the suitability of the particular site for the proposed use:

[1] Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage or materials, floodproofing measures, and the relationship of the above to the location of the channel, floodway and the flood-protection elevation.

[2] A typical valley cross section showing the channel of the floodway or floodway fringe, determining the specific flood hazard at the site, and evaluating the suitability of the proposed use in relation to the flood hazard.

[3] Plan (surface view) showing elevations or contours of the ground; pertinent structure and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities, photographs showing existing land uses and vegetation, upstream and downstream, soil types, and other pertinent information.

[4] Profile showing the shape of the bottom of the channel or flow line of the stream.

[5] Specifications for building construction and materials, floodproofing, filling, dredging grading, channel improvement, storage of materials, water supply and sanitary facilities.

(b) Factors upon which the decision of the Board shall be based. In passing upon such applications, the Board shall consider all relevant factors specified in other sections of this chapter and:

[1] The danger to life and property due to increased flood heights or velocities caused by encroachments.

[2] The danger that materials may be swept on to other lands or downstream to the injury of others.

[3] The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

[4] The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

[5] The importance of the services provided by the proposed facility to the community.

[6] The requirements of the facility for a waterfront location.

[7] The availability of alternative locations not subject to flooding for the proposed use.

[8] The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

[9] The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

[10] The safety of access to the property in times of flood of ordinary and emergency vehicles.

[11] The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

[12] Whether the proposed use would provide adequate facilities for the proper handling of litter, trash, refuse and sanitary and industrial wastes.

[13] The degree to which people, animals and property would be evacuated in the expected time available after flood warning.

[14] The degree to which any aspect of the food chain or plant, animal, fish or human life processes would be affected adversely within or beyond the proposed use area.

[15] The degree to which archaeological or historic sites, structures, endangered or rare species of animals or plants, high quality wildlife habitats, scarce vegetation types and other irreplaceable land types would be degraded or destroyed.

[16] The degree to which the natural scenic and aesthetic values at the proposed activity site could be retained.

[17] Such other factors which are relevant to the purposes of this chapter.

[18] In cases where alternative measures, subject to the approval by the Borough Engineer, are provided to restrict adverse environmental impact, the reviewing board may permit impervious surfaces in excess of 30%.

(c) Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purposes of this chapter, the Board may attach such conditions to the granting of conditional use permits or variances as it deems necessary to further the purposes of this chapter. Among such conditions, without limitation because of specific enumeration, may be included:

[1] Modification of waste disposal and water supply facilities.

[2] Limitations on periods of use and operation.

[3] Imposition of operational controls, sureties, and deed restrictions.

[4] Requirements for construction of channel modifications, dikes, levees and other protective measures.

[5] Requirements that fill shall be no lower than one foot above the floodwater profile and shall extend at such height for a distance of at least 15 feet beyond the limits of any structure erected thereon.

[6] Use of construction materials and utility equipment that are resistant to flood damage.

[7] Requirement that structures on fill shall be built so that first floor and/or basement are at a minimum of one foot above floodwater profile.

[8] Floodproofing measures such as the following shall be designed consistent with the flood-protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Planning Board shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood-protection elevation and associated flood factors for the particular area. The following floodproofing measures may be required without limitation because of specific enumeration:

[a] Anchorage to resist flotation and lateral movement.

[b] Installation of watertight doors, bulkheads, and shutters, or similar methods of construction.

[c] Reinforcement of walls to resist water pressures.

[d] Use of paints, membranes, or mortars to reduce seepage of water through walls.

[e] Addition of mass or weight to structures to resist flotation.

[f] Installation of pumps to lower water levels in structures.

[g] Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.

[h] Installation of pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures.

[i] Construction to resist rupture or collapse caused by water pressure or floating debris.

[j] Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and stormwaters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices.

[k] Location of all electrical equipment, circuits, and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation by the regulatory flood.

[l] Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic materials which could be hazardous to public health, safety, and welfare in a manner which will assure that the facilities are situated at elevations above the height associated with the regulatory protection elevation or are adequately floodproofed to prevent flotation of storage container, or damage to storage containers which could result in the escape of toxic materials into floodwaters.

H. Regulations applying to the BP-1 Business Park Zone.

[Amended by Ord. No. 6-92; Ord. No. 6-93; 12-8-2010 by Ord. No. 30-2010]

(1) Permitted uses.

(a) Financial services.

(b) Business offices.

(c) Professional offices.

(d) Government offices.

(e) Insurance services (excluding retail brokers).

(f) Inbound and outbound call centers.

(g) Headquarters mixed-use complex, including executive offices, laboratories and research facilities.

(h) Educational services, such as data processing schools, business and secretarial schools and job training and vocational rehabilitation services but excluding primary and secondary schools and colleges.

(i) Indoor recreation.

(j) Scientific engineering and/or research laboratories devoted to research, design and/or experimentation and processing and fabrication incidental thereto.

(k) Buildings with mixed uses that are permitted within the BP-1 Zone.

(l) Flex office/warehousing.

(m) Mailing, reproduction, commercial art and photography, video production and stenographic services.

(n) Electronic computer and data processing services.

(o) Document imaging.

(p) Advertising agencies.

(q) Restaurants.

(r) Cinema.

(s) Health care testing service facility.

(t) Ambulatory health care facility.

(u) Public facilities (operated by the Borough).

(v) Child day-care services and children's play areas, in accordance with N.J.A.C. 10:122, Manual of Requirements for Child Care Centers.

(w) Public utilities are permitted, provided that they observe and are regulated by the following:

[1] Proof shall be furnished that the proposed use in a specific location is necessary for the efficiency of the service.

[2] The design of any building in connection with such facility shall conform to the general character of the area and will in no way adversely affect the safe and comfortable enjoyment of property rights of the adjoining property or within the neighborhood.

[3] Adequate and attractive fencing and other safety devices shall be provided and will be periodically maintained by the service provider.

[4] Compliance with the design standards portion of the Eatontown Zoning Ordinance.

(x) Hotels and motels are permitted, provided that they observe and are regulated by the following:

[1] The entire area of the site for the travel or parking of motor vehicles will be covered by an all-weather hard surface, constructed in accordance with the design standards portion of this chapter.

[2] Parking spaces shall be provided to meet the individual standards for all of the activities to be conducted on the site.

[3] No sleeping unit including bathroom and other appurtenance facilities shall be smaller than 300 square feet.

[4] No hotel or motel shall contain less than 100 sleeping units.

[5] A hotel may be permitted only if the property upon which the building is to be constructed fronts upon at least two streets which are both major or arterial roads as designated by the Eatontown Borough Master Plan.

[6] In the event that a hotel building exceeds 50 feet in height, the required minimum setbacks from the property lines which are also street lines shall be increased to be equal to 1 1/2 times the height of the building and the required minimum setback from all other property lines shall be equal to the height of the building. In addition, the building shall be placed on the lot so that the shadow of the building at noon on December 22 will not extend onto any other property, excepting public streets, farther than the required setback lines on the property in accordance with the zoning regulations applicable to that property.

[7] The area, yard and building requirements for hotels and motels shall be as set forth on the Schedule of Permitted Uses in Business Park Zones (89 Attachment 9).[30]

[30] Editor's Note: The attachment is included at the end of this chapter.

(y) Business park developments are permitted, provided that they observe and are regulated by the following:

[1] The size of the tract shall be at least 88,000 square feet.

[2] The proposed uses shall be those permitted in the BP-1 Zone.

[3] The individual lots within the tract may be as small as, but shall not be less than, 20,000 square feet in area, with a width of not less than 90 feet and a depth of not less than 175 feet.

[4] The minimum front yards of individual lots shall not be less 50 feet.

[5] The minimum side yard on an individual lot shall not be less than 15 feet on one side and 40 feet on both sides.

[6] The minimum rear yard on undivided lots shall not be less than 50 feet.

[7] The maximum lot coverage on individual lots shall be 30%.

[8] Additional yard requirements or buffering requirements shall apply to individual lots as they would to a single lot of 88,000 square feet or larger within the BP-1 Zone.

[9] Internal streets or roads shall be constructed to the standards of the applicable article of this chapter.

[10] Certificates of use and occupancy may be procured for each individual building in accordance with the procedures for procuring such permits set forth within this chapter. No certificates of use and occupancy shall be granted for any building within the tract until:

[a] The structure is complete according to the approved plans.

[b] Any screening required around a building or parking area is accomplished and assured by a maintenance guarantee.

[c] Surfaced roads and/or driveways are constructed to provide access to the off-street parking facilities for that building.

[d] All requirements otherwise a condition for the granting of a certificate of use and occupancy are met.

(z) Golf training centers shall be a permitted recreation use in the BP-1 Business Park Zone or within a business park development in the BP-1 Zone, provided that the following requirements are met:

[1] A golf training center may include a clubhouse; a putting green; a sand bunker, driving range, chipping green, and fringe area; and tees for the purposes of driving golf balls onto a fairway.

[2] The clubhouse shall be a maximum of 5,000 square feet and may contain educational and training facilities, pro shop, television lounge, management office and sales counter for driving range balls. There may also be a basement up to the size of the first-floor area for storage and employee work areas only.

[3] The golf training center shall provide a buffer zone of 150 feet on Weston Place facing any single-family residential zone, and a buffer of 100 feet along all other residential zone property lines. Buffer areas shall be landscaped in accordance with Borough standards.

[4] Lighting on the driving range fairway shall not radiate beyond the bounds of the fairway. Aboveground lighting standards shall not be permitted on the fairway.

[5] Neither netting nor signs measuring distance shall be permitted on the fairway.

[6] Fencing shall be installed around the perimeter of the site up to a maximum of six feet. Fencing materials shall be subject to Planning Board approval.

[7] The fairway area shall be seeded and bermed to provide an adequate buffer between the use and adjacent properties.

[8] Parking for a golf training center shall be provided as follows and shall comply with the provisions of § 89-36 of this chapter:

[a] One space per driving range tee.

[b] One space per full-time employee.

[c] One space per 250 square feet of clubhouse.

[d] One space per 1,500 square feet of putting green, chipping green, sand bunker and practice area.

[9] Access to and from the proposed golf course center site shall be designed to minimize impacts on residential streets.

[10] The minimum distance from the driving tees to the fairway perimeter shall be subject to the approval of the Planning Board, and the design shall be oriented and arranged such that drives from the tees will be kept within the property lines. Fencing shall be installed marking the limits of the fairway. Fencing materials and height shall be subject to Planning Board approval.

(2) Conditional uses.

(a) In the BP-1 Business Park Zone, a cinema, as a principal activity, shall be permitted use subject to the following conditions:

[1] The tract upon which the cinema is to be constructed shall be not less than eight acres.

[2] The tract upon which the cinema is to be constructed fronts upon at least two streets which are both major or arterial roads as designated by the Eatontown Borough Master Plan.

[3] The area yard and bulk requirement for cinemas shall be as set forth on the Schedule of Permitted Uses in Business Park Zones (89 Attachment 9[31]) with the exception that the building in which the cinema is constructed shall not exceed 40 feet; however, decorative architectural features, which are not usable space and do not contain signage of any kind, may be permitted to exceed building height of 40 feet by a maximum of an additional 20 feet. The total structural height shall not exceed 60 feet at any time.

[31] Editor's Note: The attachment is included at the end of this chapter.

[4] Parking for a cinema shall be provided for as follows: one parking space for every four seats shall be required if the cinema is a ten-plex or greater. It must contain not less than 10 theaters to be able to utilize this 1:4 ratio for parking.

(3) Accessory uses.

(a) Cafeterias supplying meals only to employees or guests of the principal use, newsstand, post office, automated bank facilities and other similar conveniences serving primarily employees and guests of the principal use.

(b) In-service training schools for employees.

(c) Maintenance, utility and storage facilities incidental to the principal use, except that storage trailers shall be prohibited.

(d) Recycling containers within enclosures.

(e) Recreational uses designed primarily as a convenience and amenity for the employees of the principal use.

(f) Off-street parking in accordance with 89 Attachment 10[32] and Section 89-36.

[32] Editor's Note: The attachment is included at the end of this chapter.

(g) Signs (see Article XI).

(h) Essential services. (See definition).[33]

[33] Editor's Note: The attachment is included at the end of this chapter.

(i) Warehouse storage mezzanines as an accessory use to warehouse/storage areas.

[1] Warehouse storage mezzanines are not considered floor space for the purposes of calculating floor area.

(4) Bulk and area regulations. Refer to 89 Attachment 9.[34]

[34] Editor's Note: The attachment is included at the end of this chapter.

(5) At least 25% of the gross lot area shall remain in a natural and wooded state, should such state exist, or be landscaped and seeded and used for no other purpose and continuously maintained.

I. Regulations applying to the BP-2 Business Park Zone.

[Amended by Ord. No. 11-94; Ord. No. 15-97; 2-22-2006 by Ord. No. 6-2006; 7-11-2007 by Ord. No. 21-2007; 7-22-2009 by Ord. No. 09-2009; 12-8-2010 by Ord. No. 31-2010]

(1) Permitted uses.

(a) Light industry.

(b) Wholesale business.

(c) Construction contractors.

(d) Communications.

(e) Warehousing.

(f) Financial services.

(g) Business offices.

(h) Professional offices.

(i) Insurance services.

(j) Inbound and outbound call centers.

(k) Headquarters mixed-use complex, including executive offices, laboratories and research facilities.

(l) Educational services, such as service training schools, data processing schools, business and secretarial schools and job training and vocational rehabilitation services but excluding primary and secondary schools and colleges.

(m) Indoor recreational uses.

(n) Golf training centers in accordance with the requirements set forth at § 89-44H(1)(z).

(o) Scientific engineering and/or research laboratories devoted to research, design and/or experimentation and processing and fabrication incidental thereto.

(p) Health care testing service facility.

(q) Ambulatory health care facility.

(r) Buildings with mixed uses that are permitted within the BP-2 Zone.

(s) Flex office/warehousing.

(t) Mailing, reproduction, commercial art and photography and stenographic services.

(u) Electronic computer and data processing services.

(v) Document imaging.

(w) Advertising agencies.

(x) Child day-care services and children's play areas, in accordance with N.J.A.C. 10:122, Manual of Requirements for Child Care Centers.

(y) Public facilities (operated by the Borough).

(z) Neighborhood retail/service center, including, but not limited to, the following uses:

[1] Restaurants.

[2] Personal services.

[3] Retail sales.

[4] Banks.

(aa) Public utilities are permitted, provided that they observe and are regulated by the following:

[1] Proof shall be furnished that the proposed use in a specific location is necessary for the efficiency of the service.

[2] The design of any building in connection with such facility shall conform to the general character of the area and will in no way adversely affect the safe and comfortable enjoyment of property rights of the adjoining property or within the neighborhood.

[3] Adequate and attractive fencing and other safety devices shall be provided and will be periodically maintained by the service provider.

[4] Compliance with the design standards portion of the Eatontown Zoning Ordinance.

(bb) Hotels and motels are permitted, provided that they observe and are regulated by the following:

[1] The entire area of the site for the travel or parking of motor vehicles will be covered by an all-weather hard surface, constructed in accordance with the design standards portion of this chapter.

[2] Parking spaces shall be provided to meet the individual standards for all of the activities to be conducted on the site.

[3] No sleeping unit including bathroom and other appurtenance facilities shall be smaller than 300 square feet.

[4] No hotel or motel shall contain less than 100 sleeping units.

[5] A hotel may be permitted only if the property upon which the building is to be constructed fronts upon at least two streets which are both major or arterial roads as designated by the Eatontown Borough Master Plan.

[6] In the event that a hotel building exceeds 50 feet in height, the required minimum setbacks from the property lines which are also street lines shall be increased to be equal to 1 1/2 times the height of the building and the required minimum setback from all other property lines shall be equal to the height of the building. In addition, the building shall be placed on the lot so that the shadow of the building at noon on December 22 will not extend onto any other property, excepting public streets, farther than the required setback lines on the property in accordance with the zoning regulations applicable to that property.

[7] The area, yard and building requirements for hotels and motels shall be as set forth on the Schedule of Permitted Uses in Business Park Zones (See 89 Attachment 9.[35])

[35] Editor's Note: The attachment is included at the end of this chapter.

(cc) Business park developments are permitted, provided that they observe and are regulated by the following:

[1] The size of the tract shall be at least 20 acres.

[2] The proposed uses shall be those uses permitted in the BP-2 Zone.

[3] Individual lots within the tract may be as small as, but shall not be less than, one acre, with a width of not less than 200 feet. Lot width shall not be less than 50% of lot depth.

[4] The minimum front yard of individual lots shall not be less than 50 feet except where a building exceeds 80,000 square feet in which case the minimum front yard shall not be less than 100 feet.

[5] The minimum side yards on individual lots shall not be less than 40 feet.

[6] The minimum rear yard on individual lots shall not be less than 40 feet.

[7] No building shall contain less than 5,000 square feet gross floor area at ground level, and no building shall cover less than 12.5% or more than 30% of the gross area of the individual lot upon which it is situated.

[8] Certificates of use and occupancy may be procured for each individual building in accordance with the procedures for procuring such permits set forth within this chapter. No certificate of use and occupancy shall be granted for any building within the tract until:

[a] The structure is complete according to the approved plans.

[b] Any screening required around a building or parking area is accomplished and assured by a maintenance guarantee.

[c] Surfaced roads and/or driveways are constructed to provide access to the off-street parking facilities for that building.

[d] All requirements otherwise a condition for the granting of a certificate of use and occupancy are met.

(dd) Animal care centers which were in existence within the BP-2 Zone District as of January 1, 2007, are to be considered a permitted use at that location (Block 3901, Lots 1 and 2) in the BP-2 District and may expand subject to the standards below and subject to the standards in 89 Attachment 9,[36] Schedule of Zone Requirements for the BP-2 Business Park Zone. Where the standards below for an animal care center conflict with the standards of 89 Attachment 9 for the BP-2 Zone District, then the standards below shall govern the development of the animal care center.

[1] The minimum lot area shall be 4.0 acres.

[2] The minimum rear yard shall be 48 feet.

[3] The maximum impervious area permitted shall be 50% of the lot area.

[4] The minimum area to be maintained as landscaped open space shall be 50% of the lot area.

[5] One parking space shall be provided for each 400 square feet of gross floor area.

[6] Walking paths, open air pavilions, and related accessory structures may be located in yards and landscaped open spaces, provided that the placement of the structure and a detail of the structure is approved pursuant to site plan approval. Walking paths shall be set back a minimum of 10 feet from any property line, except where constructed as sidewalk to the street. Pavilions shall not be placed in the required front yard and shall be set back a minimum of 10 feet from any side or rear property line.

[7] No building shall exceed two stories in height.

[8] All kennels shall be located within an enclosed building.

[9] A temporary holding area for animals adjoining the principal building is permitted provided that such area is to be used only while an animal storage area within the principal building is being cleaned or prepared, and further provided that the duration of stay by a single animal within the temporary holding area is brief. In no event shall the temporary holding area be used overnight.

[10] A consolidated caretaker's residence and thrift shop in one structure is permitted as an accessory use to the animal care center and may be located in a freestanding building. Such building shall not exceed 4,000 square feet in floor area and shall adhere to the yard requirements applicable to the principal building.

[11] A decorative fence with a maximum height of six feet is permitted in the front yard, provided that a detail of the fence is approved pursuant to site plan approval as part of the landscaping plan for the facility.

[36] Editor's Note: The attachment is included at the end of this chapter.

(2) Accessory uses.

(a) Cafeterias supplying meals only to employees or guests of the principal use, newsstand, post office, automated bank facilities and other similar conveniences serving primarily employees and guests of the principal use.

(b) Maintenance, utility and storage facilities incidental to the principal use, except that storage trailers shall be prohibited.

(c) Recycling containers within enclosures.

(d) Recreational uses designed primarily as a convenience and amenity for the employees of the principal use.

(e) Off-street parking in accordance with 89 Attachment 10[37] and 89-36.

[37] Editor's Note: The attachment is included at the end of this chapter.

(f) Signs. (See Article XI.)

(g) Essential services. (See definition.[38])

[38] Editor's Note: See Art. II, § 89-4.

(h) Sale of products incidental or accessory to the principal use, provided that the product sold is manufactured or fabricated as part of the principal use, and that the showroom or sales floor is limited to an area of not more than 5% of the total building area, but in no event shall exceed 2,000 square feet.

(i) Warehouse storage mezzanines as an accessory use to warehouse/storage areas.

[1] Warehouse storage mezzanines are not considered floor space for the purposes of calculating floor area.

(j) Retail as an accessory use to permitted uses, provided that the retail use meets the following requirements:

[1] The maximum permitted floor area for the accessory retail use is limited to 2,000 square feet or 5% of the gross floor area, whichever is less.

[2] No outdoor sale of goods shall be permitted.

[3] The accessory retail use must be clearly incidental to the principal use.

[4] The products sold must be produced by or related to the principal use.

[5] A designated parking area shall be provided for the retail use. This parking area shall provide a clearly marked pedestrian access route to the retail portion of the structure that does not intersect with the travel path of any vehicles that serve the principal business.

(3) Bulk and area regulations. Refer to 89 Attachment 9.[39]

[39] Editor's Note: The attachment is included at the end of this chapter.

(4) At least 25% of the gross lot area shall remain in a natural and wooded state, should such state exist, or be landscaped and seeded and used for no other purpose and continuously maintained.

J. Regulations applying to the PBO-88, PBO-200 Professional Zone, BP-1 and BP-2 Business Park Zone.

[Added 10-5-2005 by Ord. No. 21-2005]

(1) Shared spaces as defined under § 89-4 are permitted in all of the aforesaid zones after the facilities constructed for such spaces have been approved in accordance with this chapter, the Uniform Construction Code and other required state statutes. The owner of such facilities may rent spaces by way of lease agreement or license agreement without the necessity of a certificate of occupancy as long as one was obtained for the building or facility initially. New tenants or licensees shall be allowed in shared spaces subject to the following conditions:

(a) That the use of said spaces is permitted under this chapter for the particular zone that the facility is located.

(b) That no tenant or licensee shall be permitted to occupy leased or licensed spaces without submission of the tenant's or licensee's name, address, zoning application and a copy of the lease or license agreement between the owner and lessee or licensee of such space to the Zoning Officer. The Zoning Officer shall notify the owner/landlord within five business days of receiving the tenant's or licensee's application along with required documentation, as to whether the tenant's or licensee's use is permitted.

(c) That all tenants or licensees of shared spaces must have a written lease or license agreement indicating in specific terms the intended use of the space, and all licenses or lease agreements for shared spaces shall be for a term of no less than three months.

(d) That all applications to the Zoning Officer shall specifically state the use of the licensee or tenant of the shared space, and shall be accompanied with a payment equal to the applicable certificate of occupancy fee based upon the size of the area being leased or licensed, as well as the applicable fee for the review of zoning requirements.

K. Conditional uses in all nonresidential zones within the Borough. The following conditional uses are permitted subject to the following provisions:

[Added 10-14-2020 by Ord. No. 12-2020]

(1) Massage parlors consistent with Chapter 201 of the Borough Code and subject to the following conditions:

(a) Bulk standards consistent with the permitted uses within the zoning district as established on Exhibit 3, Schedule of Zone Requirements for the Nonresidential Zones;[40]

[40] Editor’s Note: See Attachment 11.

(b) Operated by a licensed massage therapist by the State of New Jersey;

(c) Minimum distance between facilities shall be 500 feet, both on the same side of the road and across the street;

(d) Minimum distance from a residential use or zone shall be 500 feet;

(e) Minimum distance from a school (public or private) shall be 500 feet;

(f) Minimum distance from a park shall be 500 feet;

(g) Minimum distance from a house of worship shall be 500 feet;

(h) The facility shall have frontage on an arterial or collector road as established in the Borough's Master Plan;

(i) Minimum off-street parking of one space per 250 square feet.

§ 89-44.1 Nonresidential developers right to develop under Ord. No. 3-2001.

[Added 4-11-2007 by Ord. No. 16-2007]

A. The right of nonresidential developers to develop under the enhanced zoning created by Ordinance 3-2001 is nonseverable from the obligation to negotiate a mutually acceptable agreement and otherwise comply with Ordinance 2000-16 and that if, for any reason, any developer cannot negotiate a mutually acceptable agreement, the developer shall not be entitled to the benefits conferred by Ordinance 3-2001.[1]

[1] Editor's Note: For regulations imposed by Ord. No. 3-2001, refer to § 89-44C, and for regulations imposed by Ord. No. 16-2000, refer to § 89-106.

B. Nothing herein is intended to deprive any nonresidential developer affected by Ordinance 3-2001 from developing pursuant to the underlying zoning that was in effect immediately prior to the enactment of Ordinance 3-2001 and merely paying the de minimus development fee contemplated by Ordinance 2000-16, which has subsequently been adjusted to 2% of EAV and may be further adjusted from time to time.

§ 89-45 Nonconforming uses and buildings.

A. Continuance. Except as otherwise provided in this section, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued, although such use or building does not conform to the regulations specified by this chapter for the zone of which such land or building is located provided however, that a nonconforming lot shall not be further reduced in size; that a nonconforming building shall not be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance; and that a nonconforming use shall not be expanded.

(1) Nonconforming lots. Notwithstanding any provision of this chapter to the contrary, an addition to the principal building on a nonconforming lot may be constructed without an appeal for a variance, where the principal structure is located upon a lot which does not meet the minimum lot size, and the structure does not violate any yard requirements that:

(a) The total building coverage of the enlarged structure would not exceed the maximum lot coverage permitted in the zone; and

(b) The addition to be constructed does not violate any other requirements of this chapter, including, but not limited to, height, set back and parking or increase any existing nonconformity.

[Amended by Ord. No. 17-82]

B. Abandonment. A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any use through inactivity or when there is displayed an unspecified "for sale" or "for rent" sign or a combination of any of these for a period of more than one year.

C. Restoration. If any nonconforming building shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy in excess of 75% of its total value, it shall not be rebuilt, restored or repaired. Nothing in this chapter shall prevent the strengthening or restoration to a safe condition any wall, floor or roof which has been declared unsafe by the Construction Official.

D. Reversion. A nonconforming use, if once changed into a conforming use, shall not be changed back again into a nonconforming use.

E. Alterations. A nonconforming building may be structurally altered (but not enlarged or extended), during its life to an extent not exceeding in aggregate cost 50% of the assessed value of the building unless said building is changed to a building conforming to the requirements of this chapter.

F. Construction approved prior to ordinance. Nothing hereto contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which has been diligently pursued within three months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of this chapter.

G. District changes. Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming use existing therein or created thereby.

§ 89-46 Performance standards.

The following performance standards shall be observed in all zones:

A. Industrial wastes and sewerage. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough of Eatontown Sewerage Authority and must be in accordance with all applicable regulations pertaining to treatment and disposal of sewage. The standards of such regulations, or the following, whichever are higher, shall apply:

(1) There shall be no discharge of any toxic substance, gasoline, benzine, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas, any liquid having a temperature higher than 150° F. or any matter containing any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any solid or viscous substance capable of causing obstructions or other interference with the proper operation of a sewage treatment plant, or any liquid having a pH lower than 5.0 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel, or the ecology of the area or material which would be harmful to the treatment of sewage.

(2) Acidity and alkalinity of wastes shall be neutralized to a pH of 7.0 as a daily average on a volumetric basis, with a temporary variation of pH 5.0 to 10.0.

(3) Wastes shall contain no cyanides and no halogens, and shall not contain more than 10 ppm of the following gases: hydrogen sulfide, sulfur dioxide, and nitrogen dioxide.

(4) Wastes shall not contain any insoluble substances in excess of 10,000 ppm, or exceed a daily average of 500 ppm, or fail to pass a No. 8 sieve, or have a dimension greater than 0.5 inch.

(5) Wastes shall not have:

(a) A chlorine demand in excess of 15 ppm;

(b) Phenols in excess of 0.0005 ppm;

(c) Grease fats or oils, or an oily substance in excess of 100 ppm or exceeding a daily average of 25 ppm.

B. Storage.

(1) No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, with the exception of tanks or drums of fuel directly connecting with energy devices, heating devices, or appliances located on the same lot as the tanks or drums of fuel.

(2) All outdoor storage facilities for fuel, raw materials and products, and all raw materials and products stored outdoors, shall be enclosed by a fence adequate to conceal the facilities from the adjacent properties.

(3) No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or which will destroy aquatic life, be allowed to enter any stream or watercourse.

(4) All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.

C. Smoke control.

(1) No smoke shall be emitted from any chimney or other source of visible gray opacity greater than No. 1 of the Ringelmann Smoke Chart as published by the U.S. Bureau of Mines, except that smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any thirty-minute period.

(2) These provisions, applicable to visible gray smoke, shall also apply to visible smoke of any other color, with an equivalent apparent opacity.

D. Control of dust, dirt, fumes, vapors and gases.

(1) The emission of dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals or vegetation or to other forms of property, or which can cause any soiling or staining of persons or property at any point beyond the lot line of the use creating the emission is herewith prohibited.

(2) No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grains per cubic foot of the covering gas at any point beyond the lot line of the use creating the emission. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F., and 50% excess air in stack at full load.

(3) There shall be no emission of sulfur dioxide.

E. (Reserved)

[Amended by Ord. No. 7-98]

F. Control of odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the industrial operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table 111, Odor Thresholds, in Chapter 5, "Air Pollution Abatement Manual," copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C. Where more than one authority is cited, the numerical average value for all authorities listed may be used.

G. Glare and heat control. No industrial use shall carry on an operation that would produce heat or glare beyond the property line of the lot on which the industrial operation is situated.

H. Vibration control. Machines or operations which cause vibration shall be permitted, but in no case shall any such vibration be perceptible outside of any zone.

I. Radiation or electrical emission, radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity beyond enclosed areas. No electrical disturbances (except from domestic household appliances) shall be permitted to affect adversely, at any point, any equipment, other than that of the creator of such disturbance.

J. Electric, diesel, gas or other power. Every use requiring power shall be so operated that any service lines, substation, etc., shall conform to the highest applicable safety requirements, shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant, or if visible from abutting residential properties, shall be concealed by evergreen planting or screening with architectural materials common to the building(s).

§ 89-47 Schedules of Zone Requirements.

[Editor's Note: The Schedules of Zone Requirements, adopted as Exhibit 3, are included at the end of this chapter.]

§ 89-48 Outdoor lighting.

[Amended by Ord. No. 16-93; 3-97; 2-22-2006 by Ord. No. 4-2006]

A. Purpose. The governing body of the Borough of Eatontown does herein find that regulation of outdoor lighting in the Borough of Eatontown is necessary to prevent misdirected or excessive artificial light, caused by inappropriate or misaligned light fixtures that produce glare, light trespass (nuisance light) and/or unnecessary sky glow; and also that such regulation is necessary to discourage the waste of electricity and to improve or maintain nighttime public safety, utility and security.

B. All outdoor light fixtures installed and thereafter maintained, other than those serving one- and two-family dwellings, shall comply with the requirements as specified below:

(1) Where used for security purposes or to illuminate walkways, roadways and parking lots, only shielded light fixtures shall be used.

(2) Where used for commercial and industrial purposes, such as in merchandise display areas, work areas, platforms, signs, architectural, landscape or sports or recreational facilities, all light fixtures shall be equipped with automatic timing devices and comply with the following:

(a) Light fixtures used to illuminate flags, statues or any other objects mounted on a pole, pedestal or platform shall use a narrow cone beam of light that will not extend beyond the illuminated object.

(b) Other upward-directed architectural, landscape or decorative direct light emissions shall have at least 90% of their total distribution pattern within the profile of the illuminated structure.

(c) Recreational and sports facility lighting shall be shielded whenever possible. Such lighting shall have directional and glare control devices, when necessary, to comply with Subsection C.

(d) Externally illuminated signs, including commercial billboard, building identification or other similar illuminated signs, shall comply with the following:

[1] Top-mounted light fixtures shall be shielded and are preferred.

[2] When top-mounted light fixtures are not feasible, illumination from other positioned light fixtures shall be restricted to the sign area. Visors or other directional control devices shall be used to keep spill light to an absolute minimum.

(e) All other outdoor lighting shall use shielded light fixtures.

(3) All floodlight-type fixtures, once properly installed, shall be permanently affixed in the approved position.

(4) Foundations supporting lighting poles not installed four feet behind the curb shall not be less than 24 inches above ground.

(5) When 50% or more of existing outdoor light fixtures are being replaced or modified, then all lighting must be made to conform with the requirements of this section.

C. Light trespass (nuisance light). All light fixtures, except street lighting and those used on one- or two-family dwellings, shall be designed, installed and maintained to prevent light trespass, as specified in Subsection C(1) and (2) below.

(1) At a height of five feet above the property line of the subject property, illuminations from light fixtures shall not exceed 0.1 footcandle in a vertical plane on residentially zoned property.

(2) Outdoor light fixtures installed and thereafter maintained shall be directed so that there will not be any objectionable direct glare source visible above a height of five feet from any property or public roadway.

D. Illuminance and luminance requirements. Illuminance and luminance requirements shall be as set forth in the current editions of the IESNA Lighting Handbook and other IESNA publications, and this chapter shall adopt those standards.

(1) Streetlighting. Average IESNA illuminance recommendations should not be exceeded. IESNA average-to-minimum illuminance uniformity ratios are to be used as a guide for designing safe and adequate roadway lighting.

(2) Outdoor parking facilities. Outdoor parking lot illuminance shall be based on certain illuminance specifications recommended by the IESNA, as contained in Schedule A.[1]

[1] Editor's Note: Schedule A is included at the end of this section.

(3) All other illuminance uses shall not exceed IESNA recommendations.

(4) Internally illuminated signs shall not exceed IESNA luminance recommendations.

E. Electric utility floodlights. No electric utility floodlight intended for property illumination shall be located within the public right-of-way on any public roadway or on any property unless:

(1) The luminaire is sufficiently shielded and aimed so that no objectionable direct glare source is visible at any point on the roadway where the viewing height is five feet or greater and when the distance from the mounting pole is 70 feet or greater.

(2) The property being illuminated does not exceed the maximum maintained illuminance levels to perform the lighting task prescribed in Subsection D, Illuminance and luminance requirements, of this section.

(3) All electric utility floodlights shall be subject to the requirements in Subsection C, Light trespass (nuisance light).

	Schedule A
	Maintained Illuminance for Parking Lots
			Basic	Enhanced Security
	Horizontal illuminance
		Minimum	0.2 fc	0.5 fc
		Average	1.0 fc	2.5 fc
	Uniformity ratios
		Average-to-minimum	5:1	5:1
		Maximum-to-minimum	20:1	15:1
	Minimum vertical illuminance		0.1 fc	0.25 fc
	Notes:
	1.	Minimum horizontal illuminance shall be no lower that 0.2 fc.
	2.	Average horizontal illuminance shall not exceed 2.5 fc.
	3.	Uniformity ratios are to be used as a guide.
	4.	Minimum vertical illuminance shall be measured at 5.0 feet above parking surface at the point of lowest horizontal illuminance, excluding facing outward along boundaries.
	5.	For typical conditions: During periods of nonuse, the illuminance of certain parking facilities should be turned off or reduced to conserve energy. If reduced lighting is to be used only for the purpose of property security, it is desirable that the minimum (low point) not be less than 0.1 hfc in susceptible areas of the property. Reductions should not be applied to facilities subject to intermittent night use, such as apartments, hospitals and active transportation areas.
	6.	If personal security or vandalism is a likely and/or severe problem, an increase above the basic level may be appropriate.
	7.	High vehicular traffic locations should generally require the enhanced level of illumination. Exits, entrances, internal connecting roadways and such would be some examples.
	8.	Increasing the above illuminance is not likely to increase safety and security. Variance requests for higher levels will generally be for "retail" reasons and should not be granted unless shown to be necessary and at an average illuminance not to exceed 3.6 fc.

§ 89-49 Wireless telecommunications towers, antennas and transmission facilities.

[Amended by Ord. No. 8-2000]

A. Purpose.

(1) The purpose of these regulations for the siting of wireless telecommunications towers and antennas is to:

(a) Protect residential areas and land uses from potential adverse impacts of towers and antennas;

(b) Encourage the location of towers in appropriate locations;

(c) Minimize the total number of towers throughout the community;

(d) Strongly encourage the joint use of tower sites as a primary option rather than construction of additional single-use towers;

(e) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(f) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;

(g) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;

(h) Consider the public health and safety of communication towers; and

(i) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(2) In furtherance of these goals, the Borough of Eatontown shall give due consideration to the Borough Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.

B. Nonapplicability of amateur radio stations and to receive only antennas. The provisions of this section shall not govern any antenna that is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a receive only antenna and which is regulated by other sections of this Chapter 89 of the Code of the Borough of Eatontown.

C. Antennas and towers permitted on Borough property. Wireless communications towers and antennas which are located on Borough property and which are approved by the Borough Council shall be deemed to be permitted as a municipal facility in any zone district. The Borough Council shall consider the criteria set forth in § 89-50 prior to approving the location of a tower on Borough property.

D. Antennas and towers which are not municipal facilities. Wireless telecommunications antennas and towers may be allowed as a conditional use on property which is not Borough property in accordance with the standards, regulations and requirements set forth in § 89-50, Wireless telecommunications towers, antennas and transmission facilities on nonmunicipal property, in those zones where public utilities are permitted as a principal use or as a conditional use.

E. For an application for antennas and ground equipment on telecommunications towers or existing structures that have previously been heard and approved before either the Eatontown Planning Board or Board of Adjustment and as long as the existing compound can accommodate all of the necessary equipment without the need to apply for variances, the applicant shall qualify for a zoning permit without need for additional Board approval, subject to review by the Borough Engineer that the tower structure is sound and that additional antennas and/or equipment will not adversely impact the structural integrity of the tower or exceed federal, state and municipal codes. The Borough Engineer's review shall be subject further to inspection fees imposed on the applicant and an escrow for such fees in advance, in an amount determined by the Borough Engineer.

[Added 4-25-2012 by Ord. No. 09-2012]

§ 89-50 Wireless telecommunications towers, antennas and transmission facilities on nonmunicipal property.

[Amended by Ord. No. 8-2000]

Wireless telecommunications antennas and towers may be allowed as a conditional use on property which is not owned, leased or otherwise controlled by the Borough of Eatontown, in accordance with the minimum standards of the zone district and the standards, regulations and requirements set forth in this section, in those zones where public utilities are permitted as principal or conditional use. Site plan approval shall be required prior to the installation of wireless telecommunications towers, antennas and transmission facilities on non-Borough-owned property.

A. General. Wireless telecommunications towers, antennas and transmission facilities shall only be permitted on non-Borough property where the municipal approving authority has determined the following:

(1) There is substantial evidence that there is a significant gap in the telecommunications grid within the Borough which the proposed facility will correct.

(2) There is no Borough property available or no wireless telecommunications towers, antennas or transmission facilities available where the proposed facility could locate or co-locate that would correct the telecommunications gap.

(3) There are no existing structures, facilities or wireless telecommunications towers, antennas or transmission facilities available on which the proposed facility could locate or co-locate that would correct the telecommunications gap.

(4) There is no residential use, school use or health care use on the lot on which the proposed facility is located and that the different use of an existing structure on the same lot does not preclude the installation of an antenna or tower.

(5) The application for the proposed facility is the joint application of two or more wireless communications carriers licensed to provide service within the area and the application provides for the co-location of two or more carriers at the site. In the alternative, if the application is an individual application, it must include a binding statement that approval will be subject to the applicant making all open space on the tower available to all other potential users at a price equal to the fair market value of the space used.

(6) The dimensions of the entire lot on which the facility is located are used for the purpose of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements. The dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

(7) A plan is submitted for the periodic testing of the facility to ensure ongoing compliance with applicable federal and/or state standards. The plan is subject to the review and approval of the municipal approving authority.

(8) The applicant must provide within 60 days, or such longer time if permitted by FCC regulations, of the commencement of operation of a tower or antenna, a certification of compliance of FCC standards of radio frequency emission exposure to the public in an uncontrolled environment.

B. Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Borough as part of the application, an inventory of all existing towers, antennas and sites approved for towers or antennas that are within the jurisdiction of the Borough and within an area outside the jurisdiction of the Borough where the applicant could locate its equipment to provide continuity of coverage. Specific information shall be provided about the location, height and design of each tower, antenna and site, Borough may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough, provided, however that the Borough is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

C. Aesthetics. Towers and antennas shall meet the following requirements:

(1) Towers shall either maintain a finish or be painted a color approved by the municipal agency, so as to reduce visual obtrusiveness, subject to any applicable standards of the FAA.

(2) At a tower site, the design of a building and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

(3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

D. Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

E. State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

F. Building codes: safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, the American National Standards Institute as well as the New Jersey BOCA code, as amended from time to time. If, upon inspection, the Borough concludes that a tower fails to comply with such does and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense. All tower components including, but not limited to transmitters and receivers, shall comply with FCC and New Jersey Department of Environmental Protection standards for frequency and power and they shall be continually compliant as those standards are amended from time to time.

G. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough irrespective of municipal and county jurisdiction boundaries.

H. Franchises. Owners and/or operators of tower or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough has been obtained from all applicable federal or state agencies and shall file a copy of all required franchises with the Borough.

I. Signs. No signs shall be allowed on an antenna or tower.

J. Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of this Chapter 89 of the Code of the Borough of Eatontown.

K. Maximum height.

(1) The tower shall meet the following maximum height and usage criteria:

(a) For three users, up to 180 feet.

(b) For four or more users, over 180 feet.

(c) Tower height shall be based on technical requirements for reception and transmission but shall not exceed 199 feet.

(2) A licensed New Jersey professional engineer must certify that the tower can structurally accommodate the number of shared users proposed by the applicant.

L. Information required. In addition to any information required for applications for site plan review pursuant to this chapter, applicants for approval for a tower shall submit the following information:

(1) A location plan drawn to scale and clearly indicating the location, type and height of the proposed tower, on-site land use and zoning, adjacent land uses and zoning (including when adjacent to other municipalities). Master Plan classification of the site and all properties within the applicable separation distances set forth in this Chapter 89, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography and parking.

(2) Legal description of the parent tract and leased parcel (if applicable).

(3) The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.

(4) The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 89-50B shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

(5) A landscape plan showing specific landscape materials.

(6) Method of fencing and finished color, and if applicable, the method of camouflage and illumination.

(7) A statement of compliance with all applicable federal, state, or local laws.

(8) A statement by the applicant as to the number of users construction of the tower will accommodate for co-location.

(9) Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular or personal communication service sites owned or operated by the applicant in the municipality.

(10) A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed tower.

(11) A description of the feasible locations(s) of future towers or antennas within the Borough based upon existing physical, engineering, technological or geographical limitations in the vent the proposed tower is erected.

M. Factors considered in granting approval of towers. In addition to any standards for consideration of site plans pursuant to this chapter, the municipal agency shall consider the following factors in determining whether to issue an approval:

(1) Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures;

(2) Height of the proposed tower;

(3) Proximity of the tower to residential structures and residential district boundaries;

(4) Nature of uses on adjacent and nearby properties;

(5) Surrounding topography;

(6) Surrounding tree coverage and foliage;

(7) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(8) Proposed ingress and egress;

(9) Numbers of users committed to use of the tower.

N. Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the municipal agency that no existing tower, structure or alternative technology that does not require the use of towers or structures, can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the municipal agency related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna or that no emerging technology exists that would overcome the gap in the applicant's telecommunications system may consist of the following:

(1) No existing towers or structures are located within the geographic area which meets applicant's engineering requirements.

(2) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(3) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(4) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(5) The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs not exceeding new tower development are presumed to be reasonable.

(6) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(7) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

O. Minimum required setback. The following minimum setback requirements shall apply to all towers for which site plan approval is required:

(1) In nonresidential zones, towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line, but in no event shall the tower be located in the minimum required yard area or buffer area of the zone district.

(2) In residential zones, towers must be set back a distance equal to at least 200% of the height of the tower from any adjoining lot line, but in no event shall the tower be located in the minimum required yard area or buffer area of the zone district.

(3) Guys and accessory buildings and structures must satisfy the minimum zoning district setback and buffer requirements.

P. Minimum separation requirements between uses. The following separation requirements shall apply to all towers and antennas for which approval is required under this section:

(1) Separation from off-site uses/designated area.

(a) Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Subsection P(1)(b) below, except as otherwise provided.

(b) Towers shall maintain a separation distance of 200 feet or 200% of the tower height, whichever is greater, from a residential property line.

(2) Separation distances between towers. No tower shall be permitted any closer to an existing tower than five times the height of the proposed tower.

Q. Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device, provided however, that the municipal agency may waive or modify such requirements, as it deems appropriate.

R. Landscaping. The following requirements shall govern the landscaping surrounding towers for which site plan approval is required; provided, however, that the municipal agency may waive such requirements if the goals of this chapter would be better served thereby:

(1) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.

(2) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

(3) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. Trees and natural growth may serve as buffer.

S. Conditions and alternative tower structure. In approving the tower, the municipal agency may impose conditions including the use of an alternative tower structure, to the extent the municipal agency concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties or the neighborhood in which it is located.

T. Buildings and other equipment storage.

(1) Antennas mounted on structures or rooftops. Antennas mounted on buildings or existing elevated structures shall not extend more than 30 feet above the highest point of the building's roof or above the highest point of the structure. The equipment cabinet or structure used in association with antennas shall comply with the following:

(a) The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 200 square feet of gross floor area or 10 feet in height, shall be located on the ground and shall not be located on the roof of the structure.

(b) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.

(c) Equipment storage buildings or cabinets shall comply with all applicable building codes.

U. Antennas located on towers, utility poles or light poles. Antennas shall not be located on towers, utility poles or light poles within a Borough street or right-of-way unless such facilities are approved by the Borough Council. Antennas proposed on towers, utility poles or light poles within a street or right-of-way not owned by the Borough shall require approval as a conditional use. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height and shall be located in accordance with the minimum yard and buffer requirements of the zoning district in which located and shall be screened from view of all residential properties.

V. Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Eatontown notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days, shall be grounds to remove the tower or antenna by the Borough at the owner's expense. If there are two or more users of a single tower, then this provisions shall not become effective until all users cease using the tower.

§ 89-51 Billboards.

[Added 12-27-2017 by Ord. No. 10-2017; amended 12-8-2021 by Ord. No. 28-2021]

Billboards are specifically prohibited throughout all zoning districts within the Borough and, as such, any request for a billboard shall be governed by the provisions of N.J.S.A. 40:55D-70(d)(1). Any existing billboard within the B-2 and B-5 Zoning Districts which predates this section, may be upgraded if, and only if, they are located upon properties fronting on State Highway 35 and meet the following conditions which shall not be read as making new billboards a conditional use within the B-2 and B-5 Zoning Districts, as they shall be specifically prohibited with requests for same being governed by N.J.S.A. 40:55D-70(d)(1), and instead should only be read as providing a method for preexisting billboards in the aforesaid locations to be upgraded for aesthetical reasons:

A. The proposed billboard is a replacement of an existing billboard for which a permit from the New Jersey Department of Transportation (NJDOT) was previously issued pursuant to the New Jersey Roadside Sign Control and Outdoor Advertising Act (N.J.S. A. 27:5-5 et seq. and N.J.A.C. 16:41C-1.1 et seq.);

B. The proposed billboard shall be in the identical location as the existing billboard it is replacing and shall be no larger than the replaced billboard. However, in no event shall the area of the replacement billboard exceed 500 square feet on any single sign face. Two-sided and V-configured billboards shall be permitted;

C. No billboard shall be located on a lot developed with any use, building, business or structure that is not permitted pursuant to this chapter, unless otherwise previously approved by variance, and further provided that no billboard shall be located on any lot with a residential use;

D. The billboard shall only be constructed as a ground sign and located 25 feet or greater from any building, and 15 feet or greater from any parking lot, driveway or sidewalk;

E. No billboard shall be permitted on any lot with a ground sign with an area of 50 square feet or greater, constructed or approved, unless the distance between the billboard and ground sign is greater than 200 feet;

F. No part of a billboard shall be located less than 20 feet or more than(100 feet from the State Highway 35 right-of-way line;

G. No part of a billboard shall be 250 feet from an existing residential property or residential zone boundary;

H. No part of a billboard shall be 1,000 feet from another billboard;

I. The maximum billboard height shall be 35 feet as measured from any point of the finished grade at the base of the structure to the highest point of the billboard structure;

J. Billboards with digital, electronic, LED, or changeable copy and multiple message signs shall be permitted, provided that the dwell time for each message or message board is not less than eight seconds and further provided a message change shall be completed within two seconds;

K. No billboard shall flash, blink, move, simulate or create the illusion of motion, or contain animated-display or full-motion video; and

L. Billboards proposed under this section shall be subject to site plan approval and require the issuance of sign permits from NJDOT and the Borough.

§ 89-52 Cannabis conditional use requirements.

[Added 8-5-2021 by Ord. No. 19-2021; amended 7-26-2023 by Ord. No. 16-2023; 4-25-2024 by Ord. No. 01-2024]

Cannabis class uses, (other than alternative treatment centers) shall be permitted as a conditional use given the following conditions:

A. Hours of operation. Cannabis class 3,4 and 5 uses are permitted the following hours of operation:

(1) Monday through Saturday: 9:00 a.m. to 10:00 p.m.

(2) Sunday: 11:00 a.m. to 7:00 p.m.

B. Cannabis Class 1 and 2 users are permitted to operate 24 hours per day, seven days per week.

C. Location. The permitted location of such uses shall be in accordance with the current NJ State requirements in addition to the following:

(1) All Class 1, 2, 3 and 4 facilities, including microbusinesses, shall be permitted to be located on Industrial Way West, and Industrial Way East to Wall Street. Class 1, 2, 3 and 4 Microbusiness facilities shall also be located on Meridian Road, Corbett Way, Christopher Way and James Way.

(2) Class 5, including Microbusiness Class 5 retail establishments, shall be permitted to be located on Route 36 and on Route 35 both south of the intersection with Route 36 and north of the intersection with Route 36 until the south corner of Clinton Avenue.

(a) Class 5 cannabis retail establishments (including Class 5 microbusiness establishments) shall be located a minimum of a 1,000 feet radius from any property line of a Class 5 retail facility to any property line of a school or day-care center. This measurement shall not apply to properties on the opposite side of a divided State Highway.

(b) Class 5 cannabis retail establishments (including Class 5 microbuisness establishments) shall also be located a minimum of a 1,000 feet radius from any property line of such facility to any property line of another Class 5 cannabis retail facility.

(3) Class 6 delivery service shall not be a permitted in any location or zoning district within Eatontown.

D. Permitted classes of licenses (as defined by the State of NJ). The following classes or combination of are permitted pursuant to the conditional use limitations enumerated above:

(1) Class 1 cannabis cultivator.

(2) Class 2 cannabis manufacturer.

(3) Class 3 cannabis wholesaler.

(4) Class 4 cannabis distributor.

(5) Class 5 cannabis retailer.

E. Quantity. The maximum permitted number of Class 5 cannabis retail establishments within the Borough of Eatontown is four inclusive of the existing alternative treatment center which is deemed to concurrently hold a Class 5 retail license pursuant to the Act. There shall be no more than three of each Class 1 cannabis cultivator facilities, Class 2 cannabis manufacturer facilities, Class 3 cannabis wholesaler facilities, and Class 4 Cannabis distributor facilities. Notwithstanding this limitation on the number of Class 1, 2, 3, 4, and 5 Cannabis facilities and establishments, there shall be one additional microbusiness permitted for each Class 1 cannabis cultivator facilities, Class 2 cannabis manufacturer facilities, Class 3 cannabis wholesaler facilities, Class 4 cannabis distributor facilities, and Class 5 cannabis retail establishments.

F. Cannabis consumption areas. Cannabis consumption areas are prohibited.

§ 89-53 (Reserved)

§ 89-54 R-TH/MLC Residential Townhouse/Mount Laurel Contribution.

[Added 12-8-2004 by Ord. No. 31-2004]

A. Purpose. The purpose of the R-TH/MLC District is to provide for a variety and choice of housing types in Eatontown in order to better promote the general welfare and to create a realistic opportunity for the construction of a portion of the low- and moderate-income housing obligation of the Borough of Eatontown under New Jersey's Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the rules of the New Jersey Council on Affordable Housing, N.J.A.C. 5:93, and the Mount Laurel doctrine. Development in the R-TH/MLC Zone shall be consistent with a certain settlement agreement entered in the matter of Weston Associates, L.L.C., v. Borough of Eatontown et al., Docket No. MON-L-5574-99-P.W. (Mount Laurel) and the provisions herein shall be read in pari materia with the provisions of the said settlement agreement.

B. Permitted principal land uses. In the R-TH/MLC Zone, buildings may be erected or used and the lot may be used or occupied for the following purposes:

(1) Residential cluster of townhouse dwelling units;

(2) Community residences for the developmentally disabled in accordance with N.J.S.A. 40:55D-66.1;

(3) Family day-care homes in accordance with N.J.S.A. 40:55D-66.5a; and

(4) Structures or land used by the Borough of Eatontown for public purposes.

C. Permitted accessory uses. The following shall be permitted as accessory uses:

(1) Off-street parking and private garages;

(2) Mailboxes, lamp posts, flagpoles, driveways, paths, and sidewalks;

(3) Fences, walls, and retaining walls, subject to the provisions of § 89-40;

(4) Signs (subject to the provisions of Article XI);

(5) Satellite dishes and antennas, subject to the provisions of § 89-35D;

(6) Home occupations, subject to the provisions of § 89-44B(14);

(7) Solid waste and recycling enclosures;

(8) Patios, terraces, and decks attached to principal structures in accordance with the approved site plan for the development;

(9) Recreation center for residents of a development of townhouses and their guests, whose building design shall complement the design of the principal buildings, and may include a swimming pool;

(10) Maintenance-storage building with a minimum floor area of 600 square feet, a maximum height of 18 feet, and a minimum twenty-five-foot setback from a public street, and whose design shall complement the design of the principal buildings;

(11) Stormwater management basins and facilities, including structures for collection, water quality treatment, and/or discharge;

(12) Essential services;

(13) Open space and conservation areas;

(14) One double-sided development identification sign (maximum dimensions 60 inches by 72 inches) to be located only at the access point from State Highway 35 into the development;

(15) Temporary sales office incidental to the initial project development;

(16) Temporary construction trailers incidental to construction work, provided they are removed upon completion or abandonment of the construction work; and

(17) Other uses customarily incidental and subordinate to a principal permitted use, except that no sheds shall be permitted as an accessory use to any dwelling.

D. Density. The maximum gross residential density of a residential cluster of townhouse dwelling units shall be 6.10 dwelling units per acre. Gross density includes all the area within the boundaries of the particular area to be developed as a residential cluster of townhouse dwelling units. In computing the number of units permitted, any portion of a unit less than 0.50 shall not be considered and any portion of the unit greater than 0.50 shall be rounded up to the nearest whole number.

E. Area and bulk standards. The following standards shall be applicable to the R-TH/MLC Zone:

	Requirements for a Residential Cluster of Townhouse Dwelling Units		Standard
	Minimum lot area		19 acres
	Minimum lot width		300 feet
	Minimum lot depth		300 feet
	Minimum building setback from tract boundary		30 feet
	Minimum residential building setback from a state highway		200 feet
	Minimum building setback from Weston Place		140 feet
	Minimum building setback from the R-20 Residential District		200 feet
	Minimum building setback from public streets other than a state highway and Weston Place*		50 feet
	Minimum building setback from "residential access," internal, private street*		20 feet
	Minimum building setback from common parking areas (not applicable to visitor spaces in a common driveway)*		10 feet
	Minimum distance between building fronts*		30 feet
	Minimum distance between building rears		25 feet
	Minimum distance between building fronts and sides*		30 feet
	Minimum distance between building rears and sides		18 feet
	Maximum building height		3 1/2 stories and 40 feet
	Maximum building coverage of lot		25%
	Maximum impervious coverage of lot		50%
	Minimum lot frontage on public street		100 feet

	NOTE:
	*Not including any bay window overhang.

F. R-TH/MLC building design standards.

(1) Townhouses may be attached to each other by a common wall, a deck, a lanai (an open roofed porch), a patio, a terrace, or a pergola (latticework roof).

(2) The front facade of any structure containing more than one dwelling unit shall not continue on the same plane for a distance of more than the width of two adjacent units. Offsets between front facade planes shall be at least two feet and not more than 20 feet.

(3) Not less than three nor more than 12 townhouses may be clustered around a common enclosed or semienclosed court.

(4) Each townhouse shall contain a minimum of 300 cubic feet of storage area, which may be included within the confines of the garage, basement, or cellar. Where provided within a garage, the storage space shall in be in addition to the space required for a vehicle.

(5) The average width of all townhouses on the front facade shall be at least 20 feet and the minimum width of the front facade of any townhouses shall be 18 feet.

(6) All accessory structures to individual dwelling units shall be attached to the dwelling unit to which they are accessory.

(7) Each townhouse shall be constructed with and shall maintain an attached two-car garage. Access to the garage may be provided by a common driveway. Where garage access is provided from a common driveway, then a minimum driveway width of 25 feet is required.

(8) The homeowners' association documents shall prohibit the conversion of the required two-car garage to any other use.

(9) Each townhouse shall be constructed with and shall maintain a private outdoor space that may be designed as a deck, terrace or patio.

(10) A residential cluster of townhouses shall provide recreational facilities for the use of residents and their quests. At a minimum, the recreational facilities shall include a clubhouse building of at least 4,000 square feet in floor area, a swimming pool, and three tot lots. The clubhouse building and swimming pool shall be completed by the issuance of 25% of the certificates of occupancy of the total number of approved townhouses.

(11) Roads, common driveways, and parking areas within a residential cluster of townhouses shall be private and maintained by a private association to be established by the developer. The Borough shall have no responsibility to maintain, or contribute to the maintenance of parking areas or common driveways.

(12) Prior to final approval of a residential cluster of townhouses, the development shall provide a municipal services agreement with the Borough for the contribution by the Borough for trash collection, snow plowing, and lighting.

G. Buffer. A minimum fifty-foot-wide setback from that portion of the tract's perimeter that is adjacent to an existing four-lane state highway shall be a landscaped buffer with shrubs and trees. This buffer may include earth mounds. The buffer may be included within any required building setback. Easements for utilities may be included within this buffer driveways and roads to provide access to and from the site may be included within this buffer.

H. Screening. Along property lines adjacent to existing nonresidential land uses, appropriate visual screening shall be provided, consisting of fencing and vegetation.

I. Landscaping. The development of townhouses in the R-TH/MLC Zone shall include building foundation plantings, clusters of plantings in strategic areas, shade trees along roadways, sidewalks, and pedestrian paths, and preservation of existing vegetation, where feasible.

J. Common open space and recreation facilities.

(1) A minimum of 50% of the tract area shall be reserved for conservation, recreation, and other common open space uses.

(2) The common open space may include wetlands, wetlands transition areas, required buffer areas, and landscaped stormwater management facilities.

(3) Portions of the common open space shall be developed for recreation facilities, which shall include a swimming pool, tot lots, and paths.

(4) All common open space and any common recreation facilities shall be owned and maintained by a homeowners' association in accordance with the applicable provisions of N.J.S.A. 40:55D-43.

(5) The recreation facilities provided shall be appropriate to the residents expected to reside in the development.

K. Homeowners' association, covenants, and easements.

(1) All proposed restrictive covenants, articles of incorporation or other documents concerning the creation of a homeowners' association for the ownership and maintenance of common land and/or facilities shall be submitted to the Borough and approved by the Borough Attorney prior to preliminary approval of any proposed subdivision or any proposed site plan.

(2) In all instances where the maintenance or repair of any wall, fence or other improvement by its owner or his agent would require entry upon an adjacent property, an appropriate easement shall be created in favor of the subject owner. Said easement shall be detailed and specific as to required notice for and time limitations upon the right of entry. It shall also provide for a specific means or arbitration in the event of dispute.

L. Streets, parking, sidewalks, water supply, fire hydrants, sanitary sewers, drainage, and stormwater management standards.

(1) As required by New Jersey Department of Community Affairs, Residential Site Improvement Standards ("RSIS"), at N.J.A.C. 5:21.

(2) Private streets. All streets in a development of townhouses shall be private streets.

M. Streetlights.

(1) All public and private streets shall be sufficiently illuminated to ensure traffic and pedestrian safety under all weather conditions in accordance with § 89-48, Outdoor lighting.

(2) All exterior lighting shall be arranged so as to reflect away from all adjoining premises.

N. Utilities.

(1) A development of townhouses shall be served by public water and public sanitary sewer, which shall be installed by and at the expense of the developer.

(2) All utilities shall be installed underground.

(3) The developer shall establish and convey appropriate utility easements to the appropriate utility service provider.

O. Low- and moderate-income housing obligation.

(1) Any residential development in the R-TH/MLC District shall be an inclusionary development and the developer shall make a payment to the Borough of Eatontown Affordable Housing Trust Fund in lieu of on-site construction of housing affordable to low- and moderate-income households.

(2) The developer's payment to the Borough of Eatontown Affordable Housing Trust Fund shall be calculated on the basis of $25,000 per affordable housing unit obligation generated from the development based on a 20% set-aside. By way of example, if 20 dwelling units are approved in the development, then the affordable housing obligation generated would be four units (20% of 20 = 4.0 units). In computing the low- and moderate-income housing obligation, any portion of a unit less than or equal to 0.50 shall not be considered and any portion of the unit greater than 0.50 shall be rounded up to the nearest whole number.

(3) The developer's affordable housing payment shall be prorated over the units to be constructed and shall be payable to the Borough of Eatontown Affordable Housing Trust Fund prior to the issuance of each certificate of occupancy.

P. Site plan review and approval. The R-TH/MLC Zone implements a settlement agreement negotiated between parties in a lawsuit entitled Weston Associates, L.L.C., v. Borough of Eatontown. Prior to the issuance of any construction permit for buildings in the R-TH/MLC Zone, the Planning Board shall review and approve a site plan for the entire project. The Planning Board review and development approval shall be in accordance with the settlement agreement, including any provision to fast-track the development application or to grant waivers and or variances consistent with the intent and purpose of the settlement agreement and the R-TH/MLC Zone.

§ 89-54.1 R-MF-AH Multifamily Affordable Housing Overlay Zone.

[Added 3-22-2006 by Ord. No. 16-2006]

A. Purpose. The purpose of the R-MF-AH Multifamily Affordable Housing Overlay Zone is to permit the development of planned multifamily housing with inclusionary low- and moderate-income housing units on parcels of land that are designated for such use within the Eatontown Borough Master Plan Land Use Plan Element. Development within the R-MF-AH Overlay Zone shall permit multifamily housing to be constructed as condominiums as an optional use to underlying residential, business or industrial zoning district regulations. Multifamily residential uses developed within this zone shall include affordable housing units for low- and moderate-income families in accordance with the growth share requirements of N.J.A.C. 5:94 in order to better promote the general welfare and to create a realistic opportunity for the construction of low- and moderate-income housing in accordance with the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301 et seq. and the New Jersey Council on Affordable Housing Rules, N.J.A.C. 5:92 through N.J.A.C. 5:95.

B. Permitted uses. In the R-MF-AH Overlay Zone, buildings may be erected or used and the lot may be used or occupied for the following purposes:

(1) 1.Multifamily developments to be constructed as condos;

(2) Community residences for the developmentally disabled in accordance with N.J.S.A. 40: 55D-66.1;

(3) Structures or land used by the Borough of Eatontown for public purposes.

C. Permitted accessory uses. The following shall be permitted as accessory uses:

(1) Off-street parking and private garages;

(2) Mailboxes, lamp posts, flagpoles, driveways, paths, and sidewalks;

(3) Fences, walls, and retaining walls, subject to the provisions of § 89-40;

(4) Signs (subject to the provisions of Article XI;

(5) Satellite dishes and antennas, subject to the provisions of § 89-35D;

(6) Home occupations, subject to the provisions of § 89-44B(14);

(7) Solid waste and recycling enclosures;

(8) Patios, terraces, and decks attached to principal structures in accordance with the approved site plan for the development;

(9) Recreation center for residents of a development of multifamily residential and their guests, whose building design shall complement the design of the principal buildings, and may include a swimming pool, tot-lots, gazebos, benches, etc.;

(10) Maintenance-storage building with a minimum floor area of 600 square feet, a maximum height of 18 feet, and a minimum twenty-five-foot setback from a public street, and whose design shall complement the design of the principal buildings;

(11) Stormwater management basins and facilities, including structures for collection, water quality treatment, and/or discharge;

(12) Essential services;

(13) Open space and conservation areas;

(14) One double-sided ground-mounted development identification sign at a location approved by the Planning Board, (maximum dimensions four feet by six feet) landscaped at base.

(15) Temporary sales office incidental to the initial project development;

(16) One temporary construction trailer incidental to construction work, provided it is removed upon completion or abandonment of the construction work.

D. Density. The maximum gross residential density of a multifamily dwelling development shall be 12 dwelling units per acre. Gross density includes all the area within the boundaries of the particular area to be developed, including internal roadways, conservation area, detention basins and dedicated public right-of-way areas. In computing the number of units permitted, any portion of a unit less than 0.50 shall not be considered and any portion of the unit greater than 0.50 shall be rounded up to the nearest whole number. In no event shall the number of units exceed 120, regardless of tract size.

E. Area and bulk standards. The following standards shall be applicable to the R-MF-AH Zone:

	Requirements for Multifamily Affordable Housing Dwelling Units		Standard
	1.	Maximum number of units	120
	2.	Minimum lot area	7 acres
	3.	Minimum lot width	150 feet
	4.	Minimum lot depth	250 feet
	5.	Minimum building setback from tract boundary	25 feet
	6.	Minimum residential building setback from a state highway	200 feet
	7.	Minimum building setback from a county road or municipal street	30 feet
	8.	Minimum building setback from a residential zone	100 feet
	9.	Minimum building setback from residential access, internal, private street	20 feet
	10.	Minimum building setback from common parking areas (not applicable to visitor spaces in a common driveway)	10 feet
	11.	Minimum distance between building fronts	30 feet
	12.	Minimum distance between building rears	25 feet
	13.	Minimum distance between building fronts and sides	30 feet
	14.	Minimum distance between building rears and sides	18 feet
	15.	Maximum building height	3 stories and 50 feet
	16.	Maximum building coverage of lot	25%
	17.	Maximum impervious coverage of lot	60%
	18.	Minimum lot frontage on public street	200 feet
	19.	Minimum setback from garage units to rear	25

F. R-MF-AH building design standards.

(1) No dwelling unit shall contain more than two bedrooms, except for affordable housing units.

(2) Each dwelling unit shall contain a minimum of 300 cubic feet of storage area, which may be included within the confines of the garage, basement or cellar. Where provided within a garage, the storage space shall in be in addition to the space required for a vehicle.

(3) The homeowners' association documents shall prohibit the conversion of garages to any other use.

(4) Each multifamily residential unit shall be constructed with and shall maintain a private outdoor space that may be designed as a deck, balcony, terrace or patio.

(5) Roads, common driveways, and parking, spaces within a multifamily/affordable housing development shall be private and maintained by a private association to be established by the developer. The Borough shall have no responsibility to maintain, or contribute to the maintenance of, parking areas or common driveways.

(6) Prior to final approval of a multifamily/affordable housing dwelling project, the development shall provide a municipal services agreement with the Borough for the contribution by the Borough for trash collection, snow plowing, and lighting.

G. Buffer. A minimum twenty-foot-wide setback from the development tract boundary (except areas fronting on a public street) shall be a landscaped buffer with shrubs and trees. This buffer may include earth mounds. The buffer may be included within any required building setback. Easements for utilities may be included within this buffer. Driveways and roads to provide access to and from the site may be included within this buffer.

H. Screening. Along property lines adjacent to existing nonresidential land uses, appropriate visual screening shall be provided, consisting of decorative fencing and vegetation.

I. Landscaping. The development in the R-MF-AH Zone shall include building foundation plantings, clusters of plantings in strategic areas, shade trees along roadways, sidewalks, and pedestrian paths, and preservation of existing vegetation, where feasible.

J. Common open space and recreation facilities.

(1) A minimum of 35% of the tract area shall be reserved for conservation, recreation, and other common open space uses.

(2) The common open space may include wetlands, wetlands transition areas, required buffer areas, and landscaped stormwater management facilities.

(3) Portions of the common open space may be developed for recreation facilities, including picnic areas, swimming pool, tot lots and paths.

(4) All the housing units will be established as ownership units, and all common open space and any common recreation facilities shall be owned and maintained by a homeowners' association in accordance with the applicable provisions of N.J.S.A. 40:550-43.

K. Homeowners' association, covenants, and easements. All proposed restrictive covenants, articles of incorporation or other documents concerning the creation of a homeowners' association for the ownership and maintenance of common land and/or facilities shall be submitted to the Borough and approved by the Borough Attorney prior to preliminary approval or as determined by the Planning Board of any proposed subdivision or any proposed site plan.

L. Streets, parking, sidewalks, water supply, fire hydrants, sanitary sewers, drainage, and stormwater management standards:

(1) As required by the New Jersey Department of Community Affairs Residential Site Improvement Standards ("RSIS") at N.J.A.C. 5:21.

(2) Private streets. All streets in an R-MF-AH development shall be private streets.

M. Street lights.

(1) All public and private streets shall be sufficiently illuminated to ensure traffic and pedestrian safety under all weather conditions in accordance with § 89-48, Outdoor lighting.

(2) All exterior lighting shall be arranged so as to reflect away from all adjoining premises.

N. Utilities.

(1) Development within an R-MF-AH Zone shall be served by public water and public sanitary sewer, which shall be installed by and at the expense of the developer.

(2) All utilities shall be installed underground.

(3) The developer shall establish and convey appropriate utility easements to the appropriate utility service provider.

O. Low- and moderate-income housing obligation.

(1) Any residential development in the R-MF-AH District shall be an inclusionary development, and the developer shall provide a minimum of one affordable dwelling unit for every eight market-rate housing units (i.e., 11.1%).

(2) In computing the low- and moderate-income housing obligation, any portion of a unit less than or equal to 0.50 shall not be considered and any portion of the unit greater than 0.50 shall be rounded up to the nearest whole number.

P. Zoning map change. Upon final approval of a development application in accordance with this section, the Zoning Map shall be amended to reflect the zoning district designation "R-MF-AH."

Q. R-MF-AH tracts. The following tracts shall be permitted to develop in accordance with the R-MF-AF requirements and standards and any requirements as noted below:

(1) Block 3801, Lot 13, Industrial Way East and Route 35 (8.136 acres). Requirements: dedication of right-of-way a minimum of 40 feet in width from Industrial Way East to NJ 35 in accordance with an alignment approved by the Borough Engineer with an intersection design approved by the New Jersey Department of Transportation.

§ 89-54.2 R-MF-AH-2 Residential Multifamily Affordable Housing-2 Zone.

A. Purpose. The purpose of the R-MF-AH-2 Multifamily Affordable Housing-2 Zone is to permit the development of multifamily affordable housing and affordable alternative living arrangements in accordance with the recommendations of the Borough of Eatontown Master Plan. All alternative living arrangements and multifamily residential uses developed within this zone shall be exclusively affordable housing units for low- and moderate-income households in accordance with the requirements of the substantive rules of the New Jersey Council on Affordable Housing (N.J.A.C. 5:94) in order to create a realistic opportunity for the construction of low- and moderate-income housing within the Borough in accordance with the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

B. Permitted uses. In the R-MF-AH-2 Zones, buildings may be erected or used and the lot may be used or occupied for the following purposes:

(1) Affordable housing constructed as rental apartment dwelling units and/or as alternative living arrangements and in accordance with the Borough of Eatontown Master Plan.

[Amended 6-11-2008 by Ord. No. 13-2008]

(2) Structures or land used by the Borough of Eatontown for public purposes.

C. Permitted accessory uses. The following shall be permitted as accessory uses:

(1) Administrative offices and buildings incidental to the residential use.

(a) Administrative offices shall not exceed 1,600 square feet in floor area and any building with administrative offices shall be subject to the area, yard, and bulk requirements for a principal building.

(b) Accessory buildings used as a community building and/or for meeting purposes shall not exceed 500 square feet in floor are and shall be subject to the area, yard, and bulk requirements for a principal building.

(2) Off-street parking and private garages.

(3) Mailboxes, lampposts, flagpoles, driveways, paths and sidewalks.

(4) Fences, walls and retaining walls, subject to the provisions of § 89-40.

(5) Signage (subject to the provisions of Article XI).

(6) Satellite dishes and antennas, subject to the provisions of § 89-35D.

(7) Solid waste and recycling enclosures.

(8) Patios, terraces and decks attached to principal structures in accordance with the approved site plan for the development.

(9) Recreation facilities and community meeting center for residents of a development of multifamily residences and their guests, and may include a swimming pool, tot lots, gazebos, benches, etc.

(10) Maintenance storage building with a minimum floor area of 600 square feet, a maximum height of 18 feet, and a minimum twenty-five-foot setback from public street.

(11) Stormwater management basins and facilities, including structures for collection, water quality treatment, and/or discharge.

(12) Essential services.

(13) Open space and conservation areas.

(14) One double-sided ground-mounted development identification sign at a location approved by the Planning Board (maximum dimensions four feet by six feet), landscaped at the base.

D. Maximum density. The maximum density permitted shall be based upon the total number of bedrooms in all dwelling units and alternative living arrangements in the development. There shall be a maximum of sixteen bedrooms per acre.

E. Area and bulk standards for principal uses and buildings. The following standards shall be applicable to the R-MF-AH-2 Zone:

	Requirements for Multifamily Affordable Housing Dwelling Units		Standard
	1.	Minimum lot area	60,000 square feet
	2.	Minimum lot width	150 feet
	3.	Minimum lot frontage on Public Street	150 feet
	4.	Minimum lot depth	250 feet
	5.	Minimum building setback from a county or municipal street	30 feet
	6.	Minimum building setback from side property line	18 feet; both side yards: 36 feet
	7.	Minimum building setback from rear property line	50 feet
	8.	Minimum building setback from a common parking area	10 feet
	9.	Minimum distance between principal building front	30 feet
	10.	Minimum distance between principal building rears	25 feet
	11.	Minimum distance between principal building fronts and sides	30 feet
	12.	Minimum distance between principal building rears and sides	18 feet
	13.	Maximum building height	35 feet
	14.	Maximum number of stories	2 1/2 stories
	15.	Maximum building coverage of lot	18%
	16.	Maximum impervious coverage of lot	35%

F. Area and bulk standards for accessory uses and buildings. The following standards shall be applicable to the R-MF-AH-2 Zone:

(1) Minimum building setback from front property line: 30 feet.

(2) Minimum building setback from side property line: four feet.

(3) Minimum building setback from rear property line: 20 feet.

(4) Maximum building height: 18 feet.

(5) Minimum distance between accessory building and any other building: 15 feet.

(6) Maximum building coverage of all accessory buildings shall be not more than 25% percent of the building coverage of the principal buildings.

G. R-MF-AH-2 building design standards.

(1) No dwelling unit shall contain more than two bedrooms unless the building is designed and used as an alternative living arrangement in which households live in distinct bedrooms and may share kitchen and plumbing facilities, central heat, and common areas.

(2) Each dwelling unit shall contain a minimum of 300 cubic feet of storage area, which may be included within the confines of the garage, basement, or cellar. Where provided within a garage, the storage space shall be in addition to the space required for a vehicle.

(3) Landscaping. The development in the R-MF-AH-2 Zone shall include building foundation plantings, clusters of plantings in strategic areas, shade trees, screening where appropriate, and preservation of existing vegetation where feasible.

(4) Recreation. Portions of the common open space may be developed for recreation facilities, including playgrounds, gardens and picnic areas.

(5) Parking, sidewalks, water supply fire hydrants, sanitary sewers, drainage and stormwater management standards shall be as required by the New Jersey Department of Community Affairs Residential Site Improvement Standards (NJ RSIS) at N.J.A.C. 5.21.

(a) Off-street parking areas shall be set back a minimum of 30 feet from the front property line and seven feet from the side property line.

(b) Off-street parking for the administrative office use and any accessory building used as a community building and/or for meeting purposes shall be provided at a ratio of one space per 300 square feet of gross floor area.

H. Utilities.

(1) A residential development shall be served by public water and public sanitary sewer, which shall be installed by and at the expense of the developer.

(2) All utilities shall be installed underground.

(3) The developer shall establish and convey appropriate utility easements to the appropriate utility service provider.

I. Low- and moderate-income housing obligation. All dwelling units in the R-MF-AH-2 Zone district shall be affordable housing units for low- and moderate-income households in accordance with the rules and regulations of the New Jersey Council on Affordable Housing.

§ 89-54.3 Mixed-Use Regional Center (MURC) Zone.

[Added 9-14-2016 by Ord. No. 10-2016]

A. Permitted uses.

(1) Retail sales, including, but not limited to, fashion retail, health and fitness facility, furniture stores, and grocery stores.

(2) Personal services.

(3) Indoor movie theaters.

(4) Banks, post office, professional offices, business offices, municipal offices and public utilities.

(5) Mixed-use buildings.

(6) Restaurants and taverns; seasonable outdoor seating tied to the restaurant or tavern is a permitted accessory use.

(7) Parking lots and structured garages.

(8) Regional enclosed planned shopping center.

(9) Mixed-use regional centers in accordance with the provisions of this section.

(10) Medical office buildings with same-day surgical facilities and professional office space; health-care testing facilities; physical rehabilitation facilities.

(11) Ambulatory health-care facilities, excluding chemical dependency rehabilitation centers.

(12) Preschool/day-care centers.

(13) Recreational/amusement/entertainment uses, including, but not limited to, the following:

(a) Aquarium;

(b) Children's museum;

(c) Children's recreational and instructional (dance, martial arts, etc.) facilities;

(d) Bumper cars, arcades and other similar amusement rides and activities;

(e) Indoor/outdoor miniature golf;

(f) Climbing facilities;

(g) Indoor sports facilities such as paintball;

(h) Children's activities centers;

(i) Aviary;

(j) Flower museum;

(k) Indoor/outdoor water park;

(l) Indoor golf training center with various amenities, including food and beverage service;

(m) Bowling alleys.

(14) Residential development in mixed-use buildings, provided that the maximum number of market rate units permitted in the MURC Zone, as a whole, shall be 700 units. All market rate residential development within a mixed-use regional center shall be restricted to one or two bedrooms; provided, however, the one and two bedroom units may be permitted to have a single den without windows or closets. All residential development in the mixed-use regional center shall generate an affordable housing obligation more fully set forth in Subsection C, below.

(15) Food trucks within predesignated areas.

(16) Pop-up shops within predesignated areas consisting of retail and/or food shops that are transient, temporary, rotating and/or seasonal operations in nature, and which may be either indoor or outdoor.

(17) Food hall, consisting of multiple food vendors with a mix of indoor/outdoor seating and tables in an integrated predesignated area.

(18) Multipurpose plaza, including, but not limited to, the following: performance stage; multimedia performance facilities; indoor/outdoor seasonal skating facility; food or farmers market; and interactive water fountain.

B. Additional use limitations.

(1) Recreational/amusement/entertainment uses, in the aggregate, shall not exceed 15% of the gross indoor/outdoor leasable area of the MURC. Indoor movie theaters shall be excluded from the calculation of recreational/amusement/entertainment uses.

(2) Notwithstanding the provisions of § 89-34 of this chapter, public and private schools shall not be permitted uses in a regional mixed-use development.

(3) Churches and other houses of worship and related facilities shall not be permitted in a regional mixed-use development.

C. Affordable housing requirements. Residential development in the Mixed-Use Regional Center Zone shall generate an affordable housing obligation. The developer of a Mixed-Use Regional Center Zone shall have the option of either developing affordable housing elsewhere within the Borough to satisfy the obligation, either through purchase and/or development or to develop a portion or all of the affordable units to be integrated within the residential development to be permitted in the Mixed-Use Regional Center Zone. The aforesaid options to a developer to satisfy this obligation shall expressly include, but not be limited to, the acquisition of existing residential rental housing in the Borough and the conversion of the rental units as they become vacant into designated affordable housing units. The required number of affordable housing units, whether on-site or off-site, shall be 12.5% of the combined total of approved market rate and affordable units. The maximum obligation, should the developer construct all 700 units on-site as market rate units, shall be 100 affordable housing units to be constructed/acquired off site within the Borough. If there are no off-site affordable housing units either constructed or acquired for said purpose, then the developer shall be responsible for designating 88 out of the 700 units on site as affordable housing units. Any mix of on-site and off-site affordable housing units shall be developed/acquired in direct proportion to the twelve-and-one-half-percent requirement. The affordable units shall be constructed and/or occupied in accordance with the phasing requirements and bedroom mix requirements and all other applicable requirements of the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1 et seq.). The maximum number of dwelling units within the Mixed-Use Regional Center Zone shall be 700. Any approval of a mixed-use regional center shall be subject to a developer's agreement between the developer and the Borough. Such developer's agreement shall include a project affordable housing plan demonstrating the ability to satisfy the affordable housing obligation of the developer as set forth in this section. Satisfaction of the developer's affordable housing obligation shall be contingent upon approval of the crediting for same by the court.

D. Accessory uses.

(1) Surface and structured parking.

(2) Signs in accordance with the requirements of § 89-97D(1)(b)[2].

(3) Essential services.

(4) Recycling containers within enclosures.

E. Bulk and area regulations. The following bulk standards shall apply in the MURC Zone [all required building setbacks measured from the exterior perimeter of the Mixed-Use Regional Center (MURC) property boundary]:

(1) Minimum area of mixed-use regional center: 100 acres.

(2) Minimum yard areas (setbacks):

(a) Front yard: 125 feet (Route 35, Route 36 and Wyckoff Road).

(b) All other yard areas: 150 feet.

(3) Maximum lot coverage: 50%.

(4) Maximum impervious coverage: 85%.

(5) Maximum building height:

(a) Sixty feet for buildings less than 200 feet from an exterior boundary of a MURC;

(b) Seventy-five feet for mixed-use buildings and buildings a minimum of 200 feet but less than 300 feet from an exterior boundary of a MURC;

(c) Eighty-five feet for buildings a minimum of 300 feet from an exterior boundary of a MURC;

(d) Rooftop structures: 10 feet above roofline not to exceed the maximum permitted height by more than 10 feet. With the exception of medical office buildings, rooftop structures on the portions of buildings located less than 200 feet from an exterior boundary of a MURC shall not extend above the maximum permitted height.

F. Buffer requirements.

(1) The width of an existing vegetated buffer area located in side yard and rear yard areas along an exterior boundary of a MURC shall not be reduced;

(2) There shall be a minimum seventy-five-foot-wide vegetated buffer in any side or rear yard area along an exterior boundary of a MURC.

G. Parking and loading design standards. The following standards of this subsection shall supersede Borough ordinance and apply in the MURC Zone as follows:

(1) Parking space within the MURC Zone shall mean a storage area for the parking of a motor vehicle, either in a structured deck or surface lot.

(2) Parking areas shall be interconnected, wherever practical, by cross-access drives which promote fluid access to parking areas on adjoining areas within the MURC Zone.

(3) Wherever practical, each lot shall provide cross-access easements for its parking areas and access drives, guaranteeing access to adjacent lots. Interconnections shall be strategically placed and easily identifiable to ensure safe and convenient traffic flow between parking areas. In the event a property is proposed for development, provisions for cross-access drives shall be established with appropriate easements to facilitate interconnections as adjacent properties develop.

(4) Provision of safe pedestrian access to and through parking lots and connections to other pedestrian links shall be required, including striping, enhanced pavement markings, lighting and traffic calming features.

(5) Parking structures (garages) shall be visually screened from all rights-of-way, public open spaces, and residential uses. Such screening may include a liner building for a minimum of the first floor. Screening of upper floors may include landscaping, walls, liner buildings, other architectural elements or decorative features.

(6) Parking structures shall be architecturally integrated into surrounding development consistent with the overall design and character of the MURC Zone.

(7) Shared parking shall be encouraged. Nothing herein shall prohibit the reservation of a limited number of parking spaces for particular residential or nonresidential users.

(8) Each application involving nonresidential development in excess of 50,000 square feet shall submit a parking study to support the proposed parking required to accommodate the development proposed. The parking study shall contain, as a minimum, the following:

(a) A projection of peak parking demand utilizing the methodology and factors provided in the most current edition of the report entitled "Parking Generation," an information report published by the Institute of Transportation Engineers (ITE).

(b) A calculation of the number of parking spaces needed by expanding the peak parking demand by 10% to assure a reasonable number of vacant parking spaces to permit adequate turnover of parking spaces.

(c) An identification of how the proposed parking is to remain available to future occupants and users.

(9) The shared parking analysis substantiates a reduction.

(a) If shared parking for both residential and nonresidential development is proposed, the applicant shall submit a shared parking study documenting how adequate parking is to be provided and maintained to satisfy the identified parking demands. The study shall be prepared in accordance with the procedures and methodology set forth in the most recent edition of a report entitled "Shared Parking," published by the Urban Land Institute, or other recognized authority.

(10) The on-site parking requirements for the MURC Zone, as shown on 89 Attachment 10, Exhibit 3, shall be as follows:

(a) Retail and recreational/amusement/entertainment uses: one parking space for 250 square feet.

(b) Medical and office uses: one parking space for 200 square feet.

(c) Residential development (market rate units): one parking space for a one-bedroom unit, 1.5 parking spaces for a two-bedroom unit.

(d) Residential development (affordable units): per New Jersey Residential Site Improvement Standards (RSIS).

H. Phasing of residential units to commercial development required. The occupancy of residential units within a MURC shall be subject to the following:

(1) Residential development within an approved MURC shall be linked to the development of new, repurposed, remodeled or renovated nonresidential and commercial development. The number of dwelling units permitted, up to the cap established in this section, and timing of the construction and occupancy of dwelling units in a MURC shall be determined by the amount of new, repurposed, remodeled or renovated nonresidential and commercial development receiving certificates of approval, which shall have the meaning as that term is used in the International Building Code as incorporated into the New Jersey Administrative Code under N.J.A.C. 5:23-2.23A. This obligation shall be addressed in a project schedule to be incorporated into the developer's agreement to be entered into between the Borough and the developer. The project schedule shall expressly articulate a phasing program to insure that the residential and nonresidential elements of the development are to be developed jointly in one or more phases. The order and content of said phases may be revised only by way of amendment to the developer's agreement.

(2) New or repurposed, remodeled or renovated nonresidential and commercial development shall defined as the gross floor area of any such buildings, or portions thereof, approved within a mixed-use regional center used for nonresidential, commercial and non-tax-exempt purposes.