[HISTORY: Adopted by the Borough Council of the Borough of Eatontown as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-5-2002 by Ord. No. 14-2002]
Be it ordained and enacted by the Mayor and Council of the Borough of Eatontown, County of Monmouth, State of New Jersey, as follows:
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Eatontown of a general and permanent nature adopted by the Mayor and Council of the Borough of Eatontown, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 323, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Eatontown," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
This ordinance shall take effect immediately upon passage and publication according to law.
A copy of the Code in loose-leaf form has been filed in the office of the Borough Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Borough of Eatontown by impressing thereon the Seal of the Borough, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Borough, to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Borough of Eatontown" shall be understood and intended to include such additions and amendments. Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.
The Clerk of the Borough of Eatontown, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, in a newspaper of general circulation in the Borough. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this Adopting Ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the Mayor and Council. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Borough of Eatontown to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to one or more of the following: a fine of not more than $1,250, imprisonment for not more than 90 days or a period of community service not exceeding 90 days, in the discretion of the Judge imposing the same.
Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of this Adopting Ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any ordinance adopted subsequent to March 15, 2002.
B. 
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
C. 
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
D. 
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered, prior to the effective date of this ordinance, brought pursuant to any legislative provision.
E. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred.
F. 
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
G. 
Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the Borough's indebtedness.
H. 
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement or obligation.
I. 
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
J. 
The dedication of property or approval of preliminary or final subdivision plats.
K. 
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
L. 
Any ordinance adopting or amending the Zoning Map.
M. 
All land use legislation, including the Zoning Ordinance adopted January 17, 1979, the Subdivision Ordinance adopted June 22, 1996, and any amendments thereto.
In compiling and preparing the ordinances for adoption and revision as part of the Code pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made in one or more of said ordinances. It is the intention of the Mayor and Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.
[Adopted 4-26-2006 by Ord. No. 14-2006]
The Land Use Ordinance of the Borough of Eatontown, adopted 1-19-1979 by Ord. No. 1-79, as amended, as revised and codified by General Code Publishers Corp., is hereby approved, adopted, ordained and enacted as the Land Use Legislation of the Borough of Eatontown. A summary of Chapter 89 is outlined as follows:
Chapter 89
LAND USE
ARTICLE I
Title, Purposes and Requirements
§ 89-1.
Title.
§ 89-2.
Purposes.
§ 89-3.
Requirements; tree removal and site clearing.
ARTICLE II
Definitions
§ 89-4.
Definitions and word usage.
ARTICLE III
Creation of Boards
§ 89-5.
Municipal Planning Board.
§ 89-6.
Zoning Board of Adjustment.
§ 89-7.
Rules and regulations.
§ 89-8.
Citizens Advisory Committee.
§ 89-9.
Environmental Commission.
ARTICLE IV
Powers and Duties of Boards
§ 89-10.
Experts and staff.
§ 89-11.
Planning Board.
§ 89-12.
Zoning Board of Adjustment.
ARTICLE V
Application, Review and Approval Procedures
§ 89-13.
Applications not involving subdivision, site plan, or conditional use approval.
§ 89-14.
All other applications for development.
§ 89-15.
Application details.
§ 89-16.
Review procedure.
§ 89-17.
Appeals to Zoning Board of Adjustment.
ARTICLE VI
Appeals
§ 89-18.
General procedures.
§ 89-19.
Appeal by interested parties.
§ 89-20.
Notice of appeal.
§ 89-21.
Notice of meeting.
§ 89-22.
Transcripts and records.
§ 89-23.
Powers of governing body.
§ 89-24.
Affirmative vote of majority required.
§ 89-25.
Stay of proceedings.
§ 89-26.
Decision by governing body.
§ 89-27.
Waiver of fees and costs.
§ 89-28.
Voting by absent members of Council.
ARTICLE VII
Area, Bulk and Use Requirements
§ 89-29.
General provisions.
§ 89-30.
List of zones.
§ 89-31.
Zoning Map.
§ 89-32.
General requirements.
§ 89-33.
General modifications.
§ 89-34.
Principal uses permitted in all zones.
§ 89-35.
Accessory uses permitted in all zones.
§ 89-36.
Off-street parking and loading.
§ 89-37.
Access points and driveways.
§ 89-38.
Preservation of natural features.
§ 89-39.
Landscaping, buffering and screening.
§ 89-40.
Fences and walls.
§ 89-41.
Outdoor displays.
§ 89-42.
Swimming pools.
§ 89-43.
Prohibited uses.
§ 89-44.
Individual zone regulations.
§ 89-45.
Nonconforming uses and buildings.
§ 89-46.
Performance standards.
§ 89-47.
Schedules of Zone Requirements.
§ 89-48.
Outdoor lighting.
§ 89-49.
Wireless telecommunications towers, antennas and transmission facilities.
§ 89-50.
Wireless telecommunications towers, antennas and transmission facilities on nonmunicipal property.
§ 89-51.
(Reserved)
§ 89-52.
(Reserved)
§ 89-53.
(Reserved)
§ 89-54.
R-TH/MLC Residential Townhouse/Mount Laurel Contribution.
ARTICLE VIII
Required Improvements
§ 89-55.
General requirements.
§ 89-56.
Off-tract improvements.
§ 89-57.
Deviation from final plan.
ARTICLE IX
Design Standards and Improvement Specifications
§ 89-58.
Purpose and applicability.
§ 89-59.
General improvement standards.
§ 89-60.
General design standards.
§ 89-61.
Clearing and grading.
§ 89-62.
Common open spaces and public open spaces.
§ 89-63.
Concrete requirements.
§ 89-64.
Curbs or curbs and gutters.
§ 89-65.
Easements.
§ 89-66.
Fences.
§ 89-67.
Fire hydrants.
§ 89-68.
Guardrails and other barricades.
§ 89-69.
Lots.
§ 89-70.
Monuments and iron stakes.
§ 89-71.
Roadway construction.
§ 89-72.
Screening of equipment or machinery.
§ 89-73.
Sewage disposal.
§ 89-74.
Sidewalks and aprons.
§ 89-75.
Solid waste storage.
§ 89-76.
Storm drainage facilities.
§ 89-77.
Street design.
§ 89-78.
Street lighting.
§ 89-79.
Street signs.
§ 89-80.
Traffic control devices.
§ 89-81.
Utility installations.
§ 89-82.
Water supply.
§ 89-83.
Planting and landscaping.
§ 89-84.
On-site outdoor lighting; energy conservation.
ARTICLE X
Subdivision of Land and Site Plan Applications
§ 89-85.
General provisions.
§ 89-86.
Applications for approval of minor subdivision.
§ 89-87.
Application for approval of preliminary plat of a major subdivision.
§ 89-88.
Application for approval of final plat of a major subdivision.
§ 89-89.
Submission of sketch plat of a site plan.
§ 89-90.
Application for approval of preliminary plat of a site plan.
§ 89-91.
Application for approval of final plat of a site plan.
§ 89-92.
Guarantees and improvement procedures.
§ 89-93.
Assignment of interest.
§ 89-94.
Supervision of improvements.
§ 89-95.
Environmental impact statement.
ARTICLE XI
Signs
§ 89-96.
General provisions.
§ 89-97.
Permitted signs.
§ 89-98.
Administration.
ARTICLE XII
Certificates and Permits
§ 89-99.
Establishment and enumeration.
§ 89-100.
Specific procedure for issuance of zoning permits.
§ 89-101.
Specific procedures for issuance of temporary certificates of occupancy.
§ 89-102.
Specific procedures for issuance of certificates of occupancy.
§ 89-103.
Additional certificate of occupancy provisions.
ARTICLE XIII
Application Fees, Escrow Fees, Affordable Housing Fees and Affordable Housing Requirements
§ 89-104.
Application fees.
§ 89-105.
Escrow fees.
§ 89-106.
Affordable housing fees.
§ 89-106.1.
Affordable housing developments.
§ 89-106.2.
Affirmative marketing of affordable housing units.
§ 89-106.3.
Affordable housing requirements for provision of affordable housing pursuant to Cycle Three Growth Share Regulations.
ARTICLE XIV
Enforcement and Enforcing Administrative Officers
§ 89-107.
Zoning Officer.
§ 89-108.
Duties of Zoning Officer.
§ 89-109.
Borough Engineer.
§ 89-110.
Administrative Secretary to Planning Board and Board of Adjustment.
§ 89-111.
Actions to prevent, correct or abate violations.
§ 89-112.
Selling before approval.
§ 89-113.
Certificates showing approval; contents.
§ 89-114.
Right of owner of land covered by certificate.
ARTICLE XV
Interpretation
§ 89-115.
Provisions to be minimum requirements.
ARTICLE XVI
Conflict With Other Laws
§ 89-116.
Most restrictive regulations to prevail.
ARTICLE XVII
Violations
§ 89-117.
Violations and penalties.
§ 89-118.
Complaints.
§ 89-119.
Additional remedies.
ARTICLE XVIII
Validity
§ 89-120.
Severability.
§ 89-121.
Construal of provisions.
ARTICLE XIX
Repealer
§ 89-122.
Inconsistent provisions repealed.
ARTICLE XX
Existing Permits, Applications or Appeals
§ 89-123.
Continuance.
ARTICLE XXI
Filing With County Planning Board
§ 89-124.
Copy of chapter to be filed.
ARTICLE XXII
Effective Date
§ 89-125.
When effective.
Exhibit 3, Schedules of Zone Requirements
Exhibit 4, Zoning Map
Exhibit 4.1, Historic District Map
Exhibit 5, IESNA Illuminance Recommendations
Exhibit 7, Sidewalk Details
Exhibit 8, Schedule of Street Design Standards
In compiling and preparing the land use legislation for adoption and revision as part of the Code pursuant to N.J.S.A. 40:49-4, certain grammatical changes, numbering and other minor changes were made in one or more of said ordinances. It is the intention of the Borough Council that all such changes be adopted as part of the Code as if the ordinances so changed had been previously formally amended to read as such.
All ordinances or parts of ordinances which are inconsistent herewith are repealed to the extent of such inconsistencies.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this ordinance.
Copies of Chapter 89, Land Use, shall be placed on file for public examination and acquisition at the Zoning Office during regular business hours, and, upon final passage of Chapter 89, Land Use, copies shall be made available to the public.