This chapter may be referred to as the "Municipal
Land Use Ordinance of the Borough of Eatontown."
It is the intent and purpose of this chapter:
A.
To guide the appropriate use or development of all
lands in this Borough, in a manner which will promote the public health,
safety, morals and general welfare.
B.
To secure safety from fire, flood, panic and other
natural and man-made disasters.
C.
To provide adequate light, air and open space.
D.
To ensure that the development of this Borough does
not conflict with the development and general welfare of neighboring
municipalities, the county and the state as a whole.
E.
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, communities and regions and to preservation
of the environment.
F.
To encourage the appropriate and efficient expenditures
of public funds by the coordination of public development with land
use policies.
G.
To provide sufficient space in appropriate locations
for a variety of agricultural, residential, recreational, commercial
and industrial uses and open space both public and private, according
to their respective environmental requirements in order to meet the
needs of all citizens of the Borough of Eatontown.
H.
To encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
location of such facilities and routes which result in congestion
or blight.
I.
To promote a desirable visual environment through
creative development techniques and good civic design and arrangements.
J.
To promote the conservation of historic sites and
districts, open space, energy resources, and valuable natural resources
in the state and to prevent urban sprawl and degradation of the environment
through improper use of land.
[Amended by Ord. No. 18-86]
K.
To encourage coordination of the various public and
private procedures and activities shaping land development with a
view of lessening the cost of such development and to the more efficient
use of land.
L.
To encourage the control of surface water runoff,
and to encourage the control of soil erosion and sedimentation and
to prevent flooding and other damage to land.
M.
To encourage variety in housing types and costs.
N.
To promote utilization of renewable energy resources.
[Amended by Ord. No. 18-86]
O.
To promote the maximum practicable recovery and recycling
of solid and liquid waste and encourage the implementation of state,
county and Borough recycling programs.
[Amended by Ord. No. 18-86]
A.
General requirements.
(1)
All developments. No development other than a one-
or two-family dwelling unit on an individual lot shall be permitted
to occur within the Borough unless preceding such development there
shall have been filed an application for development which has been
reviewed and approved in accordance with the provisions of this chapter
and of all Borough codes and ordinances and any rules, regulations,
codes, laws or administrative procedures of any higher level of government.
When such approval has been granted subject to conditions or required
specific performance, failure to meet such conditions or perform such
specific performance shall cause said approval to become null and
void.
[Amended by Ord. No. 3-80]
B.
Exemption from requirements - subdivision and site
plan approval. Under the following conditions a proposed development
may be exempt from the requirement for filing an application for development
(not to include a building permit or any other permit application
required by any other ordinance of the Borough of Eatontown or any
higher unit of government):
[Amended by Ord. No. 3-80]
(1)
Application for subdivision approval. Proposed subdivision
of land where no new streets are created, and:
(a)
The proposed division of land is found by the Planning
Board or Subdivision Committee thereof appointed by the Chairman to
be for agricultural purposes where all resulting parcels are five
acres or larger in size; or
(b)
The proposed division of property is by testamentary
or intestate provisions; or
(c)
The proposed division of the property is by court
order; or
(d)
The proposed conveyance will combine existing lots
by deed or other instrument.
(2)
Application for site plan approval. Proposed development
where there will be no extension or enlargement of an existing building
or structure and no new major building or structure is proposed, and:
(a)
There is sufficient parking on the lot or otherwise
provided in accord with the terms of this chapter or a variance therefrom
has been granted previously; and
(b)
The estimated cost (as determined by the Zoning Officer)
of the structural alterations to exterior walls or appurtenances thereto,
including windows and doors, together with all proposed improvements
outside of and not a part of the principal structure, shall not exceed
the sum fixed in the Local Public Contract Law for purchases, contracts
or agreements not required to be advertised as codified in N.J.S.A.
40A:11-3 and/or further amendments thereto; and
[Amended by Ord. No. 18-86; Ord. No. 8-92]
(c)
Exterior lighting to be installed will not exceed
500 watts in aggregate; and
(d)
Proposed additions to exterior paving will not exceed
3,500 square feet; and
(e)
No variances from the terms of this chapter are required
to permit the proposed development; and
(f)
The proposed use is not a conditional use.
C.
Title. This subsection shall be known as the "Tree
Removal and Site Clearing Regulations."
[Amended by Ord. No. 22-90]
(1)
Purposes. The governing body of the Borough of Eatontown
does herein decide and find that the indiscriminate, uncontrolled,
and excessive destruction, removal and cutting of trees upon lots
and tracts of land within the Borough of Eatontown has resulted in
creating increased soil erosion, decreased fertility of soil, and
increased dust, which has deteriorated property values and has further
rendered land unfit and unsuitable for the most appropriate use, with
the result that there has been and will result in the future a deterioration
of conditions affecting the health, safety, and general well-being
of the inhabitants of the Borough of Eatontown and has caused the
passage of this subsection to regulate and control the indiscriminate
and excessive cutting of trees in the Borough.
(2)
ENVIRONMENTALLY CRITICAL AREAS
PUBLIC RIGHT-OF-WAY
SHRUB
SITE
TREE
TREE REMOVAL AND SITE CLEARING PERMIT
UNDISTURBED AREA
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
An area or feature which is of significant environmental
value, including but not limited to wetlands, floodplains, important
farm lands, agricultural development areas, steep slopes, endangered
or threatened species and their designated habitats, important aquifer
recharge areas, coastal areas, stream corridors, parks and preserves.
Any street or road shown upon a map or plan filed in the
Monmouth County Clerk's office or on the Official Map of the Borough
of Eatontown.
Native or volunteered laurel and wild azaleas having a root
crown (the diameter of the trunk just prior to its spreading into
roots) of three inches or greater at the soil or surface level.
Any lot, tract, parcel, or parcels of land within the Borough.
Any of the following living trees having a trunk of a diameter
greater than as set forth below, measured at one foot above ground
level:
A certificate issued by the Building Inspector of the Borough
to remove or destroy trees or shrubs as defined in this subsection.
An area in which trees, shrubs and undercover will not be
disturbed by filling, cutting, or by any other means.
(4)
Limitations and exceptions.
(a)
No more than three trees in 12 months, in excess of
the size defined in this subsection, shall be removed, cut, or destroyed
from a residential lot having a total area greater than one acre without
first obtaining a tree removal and site clearing permit.
(b)
Excepted from this subsection shall be trees located
on a tract of land having a total area of not more than one acre with
a residential building erected thereon, trees located on a commercial
nursery or orchard and any tree cut or removed in accordance with
a management plan of the New Jersey Department of Conservation and
Economic Development, Bureau of Farm Service and filed on record in
the office of the Borough Clerk.
(5)
Procedure for tree removal and site clearing permit
applications.
(a)
Where subdivision of land and site plan applications
are required.
[Amended by Ord. No. 7-98]
[1]
No permit shall be issued until all approvals
are received for development, including all local, county, state,
and federal agency requirements. In cases where all of the approvals
have been received and are awaiting a written confirmation or an amendment
to the plans submitted unrelated to clearing of a site, a permit may
issue upon the owner of the property or his duly authorized designee
posting a cash performance guarantee in an amount equal to $5,000
per acre or part thereof of area to be cleared for the purpose of
reforesting the cleared area.
[2]
New development plans. An application for a tree removal and site clearing permit shall be filed, together with a new site and/or subdivision of land application showing the area to be cleared and locating all trees and shrubs as prescribed in §§ 89-87B(27), 89-88B(12), and 89-90B(31).
[3]
Application information. Five copies of the
application and plans as required by this subsection shall be filed
by the applicant with the Building Inspector or Construction Official,
who shall immediately forward one copy each of same to the following
agencies: the Borough Engineer, the Borough Arborist, the Shade Tree
Commission, and the Environmental Commission. The application shall
contain the name and address of the owner of the subject property,
the names of the developer and clearing contractor, if applicable,
and the location of such property. The Building Inspector or Construction
Official and the Borough Engineer shall determine the correctness
of the application as it compares with the approvals and/or submissions
to the Board of Adjustment and/or Planning Board and shall have the
power to affix reasonable conditions to the granting of the permit
hereunder in order to protect those trees, shrubs, and undisturbed
areas from indiscriminate cutting and clearing. The Building Inspector
or Construction Office shall, as part of those conditions, require
that the trees and areas to remain undisturbed be surrounded by snow-fencing
or other indicator prior to the start of clearing.
[4]
The Shade Tree and Environmental Commissions,
upon receiving the application and plans, and thereupon conducting
a review and inspection of the properly marked-off site, shall advise
the Planning Board and/or Board of Adjustment, the Building Inspector
and Borough Engineer in writing of their findings, concerns and recommendations.
This shall be done within 10 days, or an extended period of time as
permitted by the Planning Board and/or Board of Adjustment from the
period in which proper tree protection has been installed.
[Amended by Ord. No. 06-2001]
(b)
Existing development, where no subdivision of land
and site plan applications are required.
[1]
Residential properties referred to in Subsection C(4) of this section that require a tree removal and site clearing permit must furnish a sketch of the property of sufficient accuracy showing the approximate location, trunk diameter and specie(s) of tree(s) to be removed.
[2]
Applicants are to file one copy of a tree removal
and site clearing permit with the Building Inspector, who upon review
and inspection (when necessary) shall have sole authority for permit
approval.
[3]
Nonresidential properties not requiring subdivision or site plan approval shall follow the procedure set forth in Subsection C(5)(a)[3] of this section.
(6)
Fees. Upon the filing of an application to the Building
Inspector for a tree removal and site clearing permit under the terms
of this subsection, the applicant shall pay an application fee as
follows:
(a)
Existing residential property, where no subdivision
of land and site plan applications are involved, shall pay a fee of
$25.
(b)
Nonresidential fee, where no site plan or subdivision
is required, the fee shall be $25 per tree, minimum $50.
(c)
All other applications shall be at a rate of $25 per
gross acre.
(7)
Standards for issuance of permit. Within 14 days of
receiving an application for a tree removal and site clearing permit,
the land covered by each application shall be viewed by the Building
Inspector or Construction Official, and where applicable the Borough
Engineer, and the Borough Arborist who shall inspect the site as to
the trees which are the subject of the application, as well as drainage
and other physical conditions existing on the property and adjacent
property. The aforementioned officials shall recommend the issuance
of said permit upon a finding that the destruction or removal of the
trees or area to be cleared may be permitted in that it is in conformance
with the approved plans of the Board of Adjustment and/or Planning
Board and/or would not impair the growth and development of the remaining
trees on the site or adjacent properties; would not cause soil erosion
or increased dust; would not impair existing drainage patterns or
proposed approved drainage patterns; and would not substantially impair
the aesthetic values of the area.
[Amended by Ord. No. 7-98]
(8)
Protection of trees. No soil or construction materials,
permanent or temporary, shall be placed within the drip line of any
tree or shrub where it is necessary, by reason of topography, to grade
around such trees. The Building Inspector, upon recommendation of
the Borough Arborist or Borough Engineer, may require that trees be
appropriately welled or otherwise protected. Trees which are to be
retained shall be protected at all times during the period of construction
with appropriate fencing to the satisfaction of the Building Inspector.
The Building Inspector may confer with the Borough Engineer, Borough
Arborist, Environmental Commission or Shade Tree Commission to insure
the fulfillment of the intent of this subsection. Grind stumps of
trees are to be removed within 10 feet of the tree protection barriers.
[Amended by Ord. No. 06-2001]
(9)
Inspection. No certificate of occupancy or building
permit shall be issued until there has been an inspection showing
compliance with the terms of the tree removal and site clearing permit.
(10)
Appeal.
(a)
Site subject to Board of Adjustment and/or Planning
Board approval. Whenever any application for a tree removal or site
clearing permit shall be denied, the application may appeal the denial
to the board of original approval or jurisdiction by filing a written
notice of appeal with the secretary of the appropriate board within
10 days after receiving notice of the denial. Upon receipt of the
notice of appeal, the above board shall proceed to hear the appeal
upon notice to the applicant within 30 days of the filing of said
notice of appeal. The above board may, in its discretion and after
hearing testimony, reverse, affirm or modify the aforesaid decision.
(b)
Site exempt from Board of Adjustment and/or
Planning Board approval. Whenever any application for a tree removal
or site clearing permit shall be denied by the Building Inspector
for existing residential properties not involving a subdivision of
land or site plan application, the applicant may file a written notice
of appeal to the Borough Administrator to request a hearing. The Borough
Administrator shall create a board consisting of the Building Inspector,
Borough Engineer and Borough Arborist to reconsider the denial. Said
appeal shall be held within 15 days, with notice to the applicant.
(11)
Violations and penalties. Any person found guilty
of violating any of the provisions of this subsection shall be subject
to a fine not exceeding $1,500 or imprisonment for a term of 90 days,
or both, for each violation. Each and every day that such a violation
continues shall be considered a separate violation.
(12)
Restitution. Any person found guilty of violating
any of the provisions of this subsection, in addition to the penalties
set forth in this subsection, may be required, prior to the issuance
of a certificate of occupancy, to replant or reestablish trees and
shrubs of equivalent size and species, up to 25 feet in height, to
an area damaged in violation of this subsection. A plan for restitution
shall require the approval of the board of jurisdiction regarding
site plan or subdivision approval.
