Borough of Eatontown, NJ
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2023-12-06
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Part II: General Legislation
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Chapter 89 Land Use
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 7 Boards, Commissions and Committees
- Ch 12 (Reserved)
- Ch 17 Defense Council, Local
- Ch 18 Departmental Organization
- Ch 19 Department of Administration
- Ch 20 Departments
- Ch 21 Emergency Medical Services Department
- Ch 22 Ethics, Code of
- Ch 27 (Reserved)
- Ch 31 Fire Department
- Ch 35 First Aid and Fire Company Volunteers
- Ch 39 Historical Committee
- Ch 48 Officers and Employees
- Ch 52 Pensions
- Ch 55 Police Department
- Ch 57 Professional Services
- Ch 63 Sewerage Authority
- Ch 67 Smoking
- Ch 70 Third-Party Payroll Disbursement
- Part II: General Legislation
- Ch 78 Alarm Systems
- Ch 82 Alcoholic Beverages
- Ch 86 Ambulances
- Ch 89 Land Use
- Ch 89 Art I Title, Purposes and Requirements
- § 89-1 Title.
- § 89-2 Purposes.
- § 89-3 Requirements; tree removal and site clearing.
- Ch 89 Art II Definitions
- § 89-4 Definitions and word usage.
- Ch 89 Art 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.
- Ch 89 Art IV Powers and Duties of Boards
- § 89-10 Experts and staff.
- § 89-11 Planning Board.
- § 89-12 Zoning Board of Adjustment.
- Ch 89 Art 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.
- § 89-17.1 Requirement for applicants for building permits.
- Ch 89 Art 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.
- Ch 89 Art 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.
- § 89-36.1 Electric vehicle supply/service equipment (EVSE) and make-ready parking spaces.
- § 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.
- § 89-44.1 Nonresidential developers right to develop under Ord. No. 3-2001.
- § 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 Billboards.
- § 89-52 Cannabis conditional use requirements.
- § 89-53 (Reserved)
- § 89-54 R-TH/MLC Residential Townhouse/Mount Laurel Contribution.
- § 89-54.1 R-MF-AH Multifamily Affordable Housing Overlay Zone.
- § 89-54.2 R-MF-AH-2 Residential Multifamily Affordable Housing-2 Zone.
- § 89-54.3 Mixed-Use Regional Center (MURC) Zone.
- Ch 89 Art VIII Required Improvements
- § 89-55 General requirements.
- § 89-56 Off-tract improvements.
- § 89-57 Deviation from final plan.
- Ch 89 Art IX Design Standards and Improvement Specifications
- § 89-58 Purpose and applicability.
- § 89-59 General improvement standards.
- § 89-60 General design standards.
- § 89-60.1 Design of residential units.
- § 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 Streetlighting.
- § 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.
- Ch 89 Art 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.
- Ch 89 Art XI Signs
- § 89-96 General provisions.
- § 89-97 Permitted signs.
- § 89-98 Administration.
- Ch 89 Art XIA Stormwater Management and Control
- § 89-98.1 Scope and purpose.
- § 89-98.2 Definitions.
- § 89-98.3 Design and performance standards for stormwater management measures.
- § 89-98.4 Stormwater management requirements for major development.
- § 89-98.5 Calculation of stormwater runoff and groundwater recharge.
- § 89-98.6 Sources for technical guidance.
- § 89-98.7 Solids and floatable materials control standards.
- § 89-98.8 Safety standards for stormwater management basins.
- § 89-98.9 Requirements for a site development stormwater plan.
- § 89-98.10 Maintenance and repair.
- § 89-98.11 Violations and penalties.
- Ch 89 Art 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.
- Ch 89 Art XIII Application Fees, Tax Map Revision Fees for Subdivisions and Escrow Fees
- § 89-104 Application fees.
- § 89-104.1 Tax Map revision fees for subdivisions.
- § 89-105 Escrow fees.
- § 89-105.1 Fee for copy of land use code.
- Ch 89 Art XIIIA Affordable Housing Regulations
- § 89-106 Purpose.
- § 89-106.1 Definitions.
- § 89-106.2 Applicability.
- § 89-106.3 Alternative living arrangements.
- § 89-106.4 Phasing schedule for inclusionary zoning.
- § 89-106.5 New construction.
- § 89-106.6 Minimum floor area requirements for low- and moderate-income housing units.
- § 89-106.7 Utilities.
- § 89-106.8 Occupancy standards.
- § 89-106.9 Control periods for restricted ownership units and enforcement mechanisms.
- § 89-106.10 Price restrictions for restricted ownership units, homeowner association fees and resale prices.
- § 89-106.11 Buyer income eligibility.
- § 89-106.12 Limitations on indebtedness secured by ownership unit; subordination.
- § 89-106.13 Capital improvements to ownership units.
- § 89-106.14 Control period for restricted rental units.
- § 89-106.15 Rent restrictions for rental units; leases.
- § 89-106.16 Tenant income eligibility.
- § 89-106.17 Municipal Housing Liaison.
- § 89-106.18 Administrative Agent.
- § 89-106.19 Affirmative marketing requirements.
- § 89-106.20 Enforcement of affordable housing regulations.
- § 89-106.21 Appeals.
- Ch 89 Art XIIIB Development Fee Regulations
- § 89-106.22 Purpose.
- § 89-106.23 Basic requirements.
- § 89-106.24 Definitions.
- § 89-106.25 Residential development fees.
- § 89-106.26 Nonresidential development fees.
- § 89-106.27 Collection procedures.
- § 89-106.28 Appeal of development fees.
- § 89-106.29 Affordable Housing Trust Fund.
- § 89-106.30 Use of funds.
- § 89-106.31 Monitoring.
- § 89-106.32 Ongoing collection of development fees.
- Ch 89 Art 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.
- Ch 89 Art XV Interpretation
- § 89-115 Provisions to be minimum requirements.
- Ch 89 Art XVI Conflict With Other Laws
- § 89-116 Most restrictive regulations to prevail.
- Ch 89 Art XVII Violations
- § 89-117 Violations and penalties.
- § 89-118 Complaints.
- § 89-119 Additional remedies.
- Ch 89 Art XVIII Validity
- § 89-120 Severability.
- § 89-121 Construal of provisions.
- Ch 89 Art XIX Repealer
- § 89-122 Inconsistent provisions repealed.
- Ch 89 Art XX Existing Permits, Applications or Appeals
- § 89-123 Continuance.
- Ch 89 Art XXI Filing With County Planning Board
- § 89-124 Copy of chapter to be filed.
- Ch 89 Art XXII Effective Date
- § 89-125 When effective.
- Ch 89 Art XXIII Eminent Domain Policy
- § 89-126 Findings.
- § 89-127 Limitation on use of eminent domain in redevelopment areas.
- Ch 89 Art XXIV Riparian Zone
- § 89-128 Definitions.
- § 89-129 Establishment and protection of riparian zones.
- § 89-130 Variances.
- § 89-131 Exceptions.
- § 89-132 Appeals; conflicts; severability.
- § 89-133 Enforcement.
- Ch 93 Amusement Devices, Coin-Operated
- Ch 94 Amusement Parks, Facilities and Games
- Ch 97 Animals
- Ch 101 Autobuses
- Ch 102 Balloons and Aerial Luminaries
- Ch 106 Boardinghouses and Rooming Houses
- Ch 111 Buildings, Unfit
- Ch 113 Burning, Outdoor
- Ch 116 Certificates of Occupancy
- Ch 118 Checks
- Ch 122 Child Care Centers
- Ch 123 Clothing Donation Bins
- Ch 126 Commercial Drivers' Licenses
- Ch 129 Construction Codes, Uniform
- Ch 130 Criminal History Record Background Checks
- Ch 133 Disorderly Conduct
- Ch 136 Drug-Free School Zones and Public Property
- Ch 141 Election Districts
- Ch 145 Existing Structures
- Ch 150 Fees
- Ch 152 Filming
- Ch 154 Firearms
- Ch 158 Fire Hydrants
- Ch 161 Fire Prevention
- Ch 165 Fireworks
- Ch 169 Flood Damage Prevention
- Ch 170 Glare Nuisances
- Ch 175 Hotels And Motels
- Ch 176 Housing Standards
- Ch 179 Hunting
- Ch 183 Improvements, Off-Tract
- Ch 186 Insurance
- Ch 190 Intersection and Roadway Sight Obstructions
- Ch 194 Junk Dealers
- Ch 198 Licensed Occupations
- Ch 200 Licenses and Permits
- Ch 201 Massage, Bodywork and Somatic Therapy Businesses
- Ch 203 Littering
- Ch 207 Mobile Home Parks
- Ch 211 Multiple-Dwelling and Mobile Home Park Superintendents, Licensing of
- Ch 214 Multiple-Dwelling Security Fund
- Ch 218 Public Nuisances
- Ch 222 Nursing Homes, Transportation Requirements
- Ch 227 Parking Areas, Public
- Ch 230 Parking for the Handicapped
- Ch 233 Parks and Playgrounds
- Ch 237 State of Emergency
- Ch 240 Peddlers, Solicitors and Canvassers
- Ch 244 Pool and Billiard Parlors
- Ch 247 Precious Metals
- Ch 250 Property Maintenance
- Ch 251 Bamboo, Regulation of
- Ch 253 Publications, Sales and Distribution
- Ch 254 Raffles
- Ch 256 Rent Control
- Ch 257 Rental Properties
- Ch 258 Retail Food Establishments and Vending Machines
- Ch 261 Sales
- Ch 264 Sewage Treatment and Disposal
- Ch 266 Sewers
- Ch 267 (Reserved)
- Ch 268 Shopping Carts
- Ch 270 (Reserved)
- Ch 272 Skateboards, Skates, Roller Blades, and Low-Speed Electric Bicycles
- Ch 274 Snow, Ice, Grass and Weed Removal
- Ch 278 Soil Erosion and Sediment Control
- Ch 281 Solid Waste
- Ch 282 Special Events, Outdoor Sales and Temporary Displays
- Ch 283 Stormwater Management
- Ch 285 Streets and Sidewalks
- Ch 289 Swimming Pools
- Ch 293 Taxation
- Ch 296 Taxicabs
- Ch 300 Tobacco Products
- Ch 303 Towing
- Ch 307 Trees, Removal of
- Ch 312 Vehicles and Traffic
- Ch 319 Water
- Ch 323 Weeds and Grass
- Ch 326 Youth Sports Code of Conduct
- Part III: Board of Health Legislation
- Ch 329 General Provisions, Board of Health
- Ch 333 Boarding Homes for Children
- Ch 342 Plumbing
- Ch 347 Smoke
- Ch 350 Solid Waste
- Ch 356 Weeds and Grass
- Part IV: Shade Tree Commission Legislation
- Ch 359 General Provisions, Shade Tree Commission
- Ch 360 Shade Trees
- Appendix
- Ch A361 Police Department
- Ch A362 Cable Television Franchise
- Ch A363 Agreement With Bell Atlantic-New Jersey for Lines and Communications Facilities
- Derivation Table
- Ch DT Derivation Table
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the Borough Council
of the Borough of Eatontown 1-19-1979 by Ord. No. 1-79.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Boardinghouses — See Ch. 106.
Certificates of occupancy — See Ch. 116.
Child care centers — See Ch. 122.
Uniform construction codes — See Ch. 129.
Existing structures — See Ch. 145.
Flood damage prevention — See Ch. 169.
Housing standards — See Ch. 176.
Off-tract improvements — See Ch. 183.
Intersection and roadway sight obstructions — See Ch. 190.
Licenses and permits — See Ch. 200.
Mobile home parks — See Ch. 207.
Licensing of multiple-dwelling and mobile home park superintendents — See Ch. 211.
Public parking areas — See Ch. 227.
Signs — See Ch. 270.
Soil erosion and sediment control — See Ch. 278.
Solid waste — See Ch. 281.
Streets and sidewalks — See Ch. 285.
Swimming pools — See Ch. 289.
Removal of trees — See Ch. 307.f
ATTACHMENTS
Attachment 1 - Exhibit 3 - Schedule of Zone Requirements for the R-32, R-32 FRD, and R-32TH Residential Zones
Attachment 2 - Exhibit 3 - Schedule of Zone Requirements for R-32 FRD Zone for Accessory StructuresAttachment 3 - Exhibit 3 - Schedule of Zone Requirements for the R-20 and R-20RSC Residential Zones and the R-20/R-TH/SCH OverlayAttachment 4 - Exhibit 3 - Schedule of Zone Requirements for R-20 Cluster LotsAttachment 5 - Exhibit 3 - Schedule of Zone Requirements for the R-10 Residnetial ZoneAttachment 6 - Exhibit 3 - Schedule of Zone Requirements for the R-10A and R-10B Zone and R-10MH ZoneAttachment 7 - Exhibit 3 - Schedule of Zone Requirements for the R-10B and R-10MH Residential ZonesAttachment 8 - Exhibit 3 - Schedule of Zone Requirements for the R-MLC Residential ZoneAttachment 9 - Exhibit 3 - Schedule of Zone Requirements for the R-MF-AH-2 Housing ZonesAttachment 10 - New Zone District R-MF-AH-2: Block 1401, Lot 32Attachment 11 - Exhibit 3 - Schedule of Zone Requirements for the Nonresidnetial ZonesAttachment 12 - Exhibit 3 - Schedule of Parking Requirements for the Nonresidential ZonesAttachment 13 - Exhibit 3 - Schedule of Zone Requirements for the P-1 Public Land Zone, and Overlay Zones (F-P, H-D), F-P Flood Prone Overlay Zone, and H-D Historic District Overlay ZoneAttachment 14 - Exhibit 4 - Zone Districts MapAttachment 15 - Exhibit 4.1 - Historic District MapAttachment 16 - Exhibit 5 - IESNA Illuminance RecommendationsAttachment 17 - Exhibit 7 - Sidewalk-ADA DetailsAttachment 18 - Exhibit 8 - Schedule of Street Design StandardsAttachment 19 - Eatontown Residential Lot Impervious Coverage RequirementsAttachment 20 - Derivation Table of 1979 Ordinance to 2006 ChapterAttachment 21 - Attachment 21 MU-OO Mixed Use Old Orchard Zone[1]
Editor's Note: As part of the 2006 recodification, this chapter was renumbered and reorganized. The new organization was accepted by the Borough Council 4-26-2006 by Ord. No. 14-2006 (see Ch. 1, General Provisions, Art. II, of the main Code volume). A Derivation Table detailing the numbering of the 1979 ordinance and its location in this 2006 codification is included at the end of this volume.
