Borough of Eatontown, NJ Definitions

For developments not requiring Planning Board or Zoning Board action: the Construction Official.

For developments requiring Planning Board or Zoning Board action: the Administrative Secretary of the Planning Board and Zoning Board.

For matters within the jurisdiction of the governing body: the Borough Clerk.

ALTERNATIVE TOWER STRUCTURE

For furnishing a list of owners: the Tax Assessor.

[Amended by Ord. No. 6-86]

ADMINISTRATIVE SECRETARY

The single individual who has been appointed as the Administrative Secretary of both the Planning Board and the Zoning Board.

ADVERTISING STRUCTURE

Any rigid or semirigid structure with or without a sign displayed thereon situated upon or attached to real property or mobile objects and outdoors for the support of furnishing a background, base or support on which a sign may be posted or displayed.

ALTERATIONS

"Alterations," as applied to a building or structure, means a change or rearrangement in the structural support; or a change in the exterior appearance; or a change in height, width or depth; or moving a building or structure from one location or position to another; or changing, adding to or removing from or otherwise affecting the exterior appearance of a building or structure.

Man-made trees, clock towers, bell steeples, light poles, flag poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

[Amended by Ord. No. 8-2000]

AMBULATORY HEALTH CARE FACILITY

An establishment where patients are admitted for examination and treatment on an outpatient basis by physicians, dentists, or other medical personnel, psychologists or social workers and where such examination and treatment generally requires a stay of less than 24 hours. Medical offices for employees that are incidental to the primary use of the facility as a ambulatory health care facility are permitted.

[Added 12-8-2010 by Ord. No. 24-2010]

AMUSEMENT ARCADE

An indoor/outdoor space, open to the public, that contains coin-operated games, rides, shows, and similar entertainment facilities and devices.

[Added 12-8-2010 by Ord. No. 24-2010]

ANCHOR USE

A major use containing a minimum of 40,000 square feet of gross leasable area within a shopping center that serves to attract patrons and stimulate activity among commercial uses within the center.

[Amended by Ord. No. 15-92]

ANIMAL CARE CENTER

A facility used to house stray, homeless, abandoned or unwanted animals and that is owned, operated, or maintained by a public body, or by a nonprofit organization such as an established humane society, animal welfare society, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

[Added 7-11-2007 by Ord. No. 21-2007]

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

[Amended by Ord. No. 8-2000]

APPLICANT

A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by this chapter for approval of the subdivision plat and site plan, conditional use, zoning variance, the direction or issuance of any permit for a structure or alteration or the direction of the issuance of a permit pursuant to any other section of the Land Use Law, Chapter 291, P.L. 1975.[1]

APPROVING AUTHORITY

The Planning Board or the Zoning Board of Adjustment or the Mayor and Council when acting pursuant to the authority of this chapter, unless a different agency is designated by this chapter.

ASSISTED LIVING FACILITY

A facility for four or more adult persons, unrelated to the proprietor, providing separate apartment-style residences for the frail elderly for which a Certificate of Need as an assisted living residence has been obtained. An assisted living facility provides congregate dining and such assisted living services as are required and/or permitted by the regulations of the New Jersey Department of Health. Services provided by an assisted living facility include rooms, meals, personal care, and supervision of self-administered medication and may include other personal services to the residents such as recreational facilities, financial services, and transportation.

[Amended by Ord. No. 03-2001]

ATTACHED BUILDING

A principal building separated from another building on one or more sides by either a vertical party wall, or by solid contiguous walls without any side walls.

AUCTION or AUCTION MARKET

Any premises on which are held, either regularly or periodically, auction sales of merchandise and/or personal property.

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.[2]

[Amended by Ord. No. 8-2000]

BASEMENT

A story partly underground, but having at least 50% of its cubic volume above adjacent finished grade.

BIKEWAY

Any path clearly defined for exclusive use by bicycles.

BILLBOARD

A commercial sign that advertises or directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which such sign is located.

[Added 12-27-2017 by Ord. No. 10-2017]

BOARDER or ROOMER

A person who is not related to the head of the household and who pays for the privilege of residing in the dwelling with or without some or all meals provided.

BOARDINGHOUSE

Any dwelling in which people, either individuals or as families, are housed or lodged for a fee with or without meals and which contains five or less such rooms for hire. A rooming house or a furnished rooming house shall be deemed a boardinghouse. A nursing home or a home for the sheltered care of adult persons shall not be considered a boardinghouse.

BOROUGH PROPERTY

Any real property owned, leased or otherwise controlled by the Borough of Eatontown or any Authority created by the Borough of Eatontown.

[Amended by Ord. No. 8-2000]

BUILDING

A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

BUILDING AREA

The total of the areas within the outside dimensions of the principal building and all accessory buildings when viewed in plan, exclusive however of residential unroofed porches and paved terraces which do not exceed three feet in height above average, adjacent finished grade.

BUILDING, COMMUNITY

A building for civic, social, education, cultural or recreational activities for a neighborhood or community which is not operated primarily for monetary gain.

BUILDING FLOOR AREA RATIO

The sum of the area of all floors of buildings compared to the total area of the site.

[Amended by Ord. No. 03-2001]

BUILDING HEIGHT

The vertical distance measured to the highest point exclusive of chimneys and similar structures from the mean elevation of the finished grade five feet away from the foundation along the side(s) of the building facing a street, or from the street line, whichever is closer to the foundation. On a corner lot the height shall be measured on the street having the greatest slope.

BUILDING LINE

A line formed by the vertical projection to the ground of the exterior surface of the building on any side. In case of a cantilevered section of a building, the vertical projection will coincide with the surface nearest the property line. All yards are measured between the property line and the building line nearest that property line.

BUILDING MATERIALS

Materials that can be arranged, united, or joined to support, frame, enclose, sheath, or be otherwise fashioned into a building or structure. Such materials include, but are not limited to, rough or dressed lumber, millwork, roofing, shingles, wallboard, molding, plywood, Sheetrock, bricks, doors, windows, paneling, or concrete block.

[Added 12-8-2010 by Ord. No. 24-2010]

BUSINESS OFFICE

A business establishment which does not offer a product or merchandise for sale to the public but offers a service to the public. The following uses are not considered business office uses: establishments offering personal services (such as barbershops and beauty shops), repair services (such as radio and television repair shops), retail uses, and banks.

[Added 12-8-2010 by Ord. No. 24-2010]

BUILDING, PRINCIPAL

A building within which is conducted the main or principal use of the lot on which said building is situated.

BUSINESS PARK

A coordinated development consisting of office, light industrial and related uses permitted by Borough ordinance.

[Amended by Ord. No. 6-92]

CANNABIS

Means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2021, c. 16 (C. 24:6I-31 et seq.) for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (C. 24:6I-1 et seq.), and P.L. 2015, c. 158 (C. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (C. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (C. 24:21-2), and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (C. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (C. 4:28-6 et seq.). (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

CANNABIS CONSUMPTION AREA

Means, as further described in Section 28 of P.L. 2019, c. 153 (C. 24:6I-21), a designated location operated by a licensed cannabis retailer or permit holder for dispensing medical cannabis, for which both a state and local endorsement has been obtained, that is either: 1) an indoor, structurally enclosed area of the cannabis retailer or permit holder that is separate from the area in which retail sales of cannabis items or the dispensing of medical cannabis occurs; or 2) an exterior structure on the same premises as the cannabis retailer or permit holder, either separate from or connected to the cannabis retailer or permit holder, at which cannabis items or medical cannabis either obtained from the retailer or permit holder, or brought by a person to the consumption area, may be consumed. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

CANNABIS CULTIVATOR

Means any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 cannabis cultivator license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

CANNABIS DELIVERY SERVICE

Means any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer. This person or entity shall hold a Class 6 cannabis delivery license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

CANNABIS DISTRIBUTOR

Means any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities. This person or entity shall hold a Class 4 cannabis distributor license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

CANNABIS ESTABLISHMENT

Means a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

CANNABIS MANUFACTURER

Means any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 2 cannabis manufacturer license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

CANNABIS PRODUCT

Means a product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. "Cannabis product" does not include: 1) usable cannabis by itself; or 2) cannabis extract by itself; or 3) any other cannabis resin by itself. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

CANNABIS RESIN

Means the resin extracted from any part of the plant Cannabis sativa L., including cannabis extract and resin extracted using nonchemical processes, processed and used in accordance with P.L. 2021, c. 16 (C. 24:6I-31 et seq.). "Cannabis resin" does not include: any form of medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (C. 24:6I-1 et seq.), and P.L. 2015, c. 158 (C. 18A:40-12.22 et seq.); hashish as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (C. 2C:35B-1 et seq.), or as defined in Section 2 of P.L. 1970, c. 226 (C. 24:21-2) and applied to any offense of the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (C. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (C. 4:28-6 et seq.). (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

CANNABIS RETAILER

Means any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer. This person or entity shall hold a Class 5 cannabis retailer license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

CANNABIS TESTING FACILITY

Means an independent, third-party entity meeting accreditation requirements established by the Cannabis Regulatory Commission that is licensed to analyze and certify cannabis items and medical cannabis for compliance with applicable health, safety, and potency standards. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

CANNABIS WHOLESALER

Means any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This person or entity shall hold a Class 3 cannabis wholesaler license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

CAPITAL IMPROVEMENT

A governmental acquisition of real property or major construction project.

CELLAR

A story partly or completely underground and having more than 50% of its cubic volume below the average level of the finished grade at the perimeter at the building.

CHANGE IN USE REQUIRING A VARIANCE

A change from a permitted use to one not permitted under the zoning provisions of this chapter.

CHANNEL

A watercourse with a definite bed and banks which confine and conduct continuously or intermittently flowing water.

CHANNEL LETTERS

Three-dimensional individually cut letters or figures, illuminated or nonilluminated, affixed to a structure.

[Amended by Ord. No. 03-2001]

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

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

Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.

Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.

CLINIC or DIAGNOSTIC CENTER

Direct-current fast charger (DCFC) operates on a sixty- amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

CHECKLIST, DEVELOPMENT

The official list attached to the application for subdivision or site plan outlining the requirements which the applicant must comply with upon submitting his subdivision or site plan for review by the Planning Board. The list must be complete in all respects and attached to the development application.

CHILD ACTIVITY CENTERS

Gymnasium style classes and exercise programs for either a full or part time basis.

[Added 9-14-2016 by Ord. No. 10-2016]

CIRCULATION

Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.

Facilities operated by practitioners of the medical arts, either singly or in groups, which are supplemental or incidental to such medical practice. Such facilities may include, but are not limited to, laboratories, diagnostic equipment and overnight accommodations for purposes of diagnosis or observation. Such diagnosis or observation shall not require any one patient to remain for a period of more that 48 hours and shall not include any treatment which might not otherwise be provided in the office of a medical practitioner.

CLUSTER DEVELOPMENT

See "residential cluster."

CO-LOCATION

With respect to wireless telecommunications providers of cellular communications and personal communication services, the joint use by two or more providers of the same site and/or tower for their wireless communications facilities and antennas.

[Amended by Ord. No. 8-2000]

COMMISSION

The Cannabis Regulatory Commission established pursuant to Section 31 of P.L. 2019, c. 153 (N.J.S.A.24:6I-24). (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

COMMON OPEN SPACE

An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development. Common open space will also include open space in a mixed-use regional center development for residents, tenants and visitors/patrons of such development.

[Amended 9-14-2016 by Ord. No. 10-2016]

COMMUNICATIONS

Communications facilities may include but are not limited to telephone communications, radio and television broadcasting stations, and cable and other pay television services.

[Added 12-8-2010 by Ord. No. 24-2010]

COMPLETE APPLICATION

An application for development which complies in all respects to the appropriate submission requirements set forth in this chapter.

CONDITIONAL LICENSE

A temporary license designated as either a Class 1 cannabis cultivator license, a Class 2 cannabis manufacturer license, a Class 3 cannabis wholesaler license, a Class 4 cannabis distributor license, a Class 5 cannabis retailer license, or a Class 6 cannabis delivery license that allows the holder to lawfully act as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service as the case may be, which is issued pursuant to an abbreviated application process, after which the conditional license holder shall have a limited period of time in which to become fully licensed by satisfying all of the remaining conditions for licensure which were not required for the issuance of the conditional license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the provisions of this chapter, and upon the issuance of an authorization therefor by the Planning Board.

CONDOMINIUM

The form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.

CONDOMINIUM ASSOCIATION

The entity responsible for the administration of a condominium, which entity may be incorporated or unincorporated.

CONSTRUCTION OFFICIAL

The official appointed by the Borough of Eatontown pursuant to the State Uniform Construction Code as adopted by the Borough in Chapter 129 of the Code of the Borough of Eatontown and charged with the responsibility of issuing building permits and certificates of occupancy.

CONSUMPTION

The act of ingesting, inhaling, or otherwise introducing cannabis items into the human body. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

CONTINUOUS AIRBORNE SOUND

Sound that is measured by a slow response setting of a sound level meter.

[Amended by Ord. No. 3-80]

CONVENTIONAL

Development other than planned development or clustering.

COUNTY MASTER PLAN

A composite of the Master Plan for the physical development of Monmouth County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the Monmouth County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.

COUNTY PLANNING BOARD

The Monmouth County Planning Board.

DAY-CARE CENTER

A facility licensed by the State of New Jersey for the care of children on a regular or irregular basis but exclusively part-time, after which period of time they are returned to their principal place of residence.

DAYS

Calendar days.

dBA

The measured sound level expressed in dB, when using the "A" weighted network of a sound level meter.

[Amended by Ord. No. 3-80]

DECIBEL

A unit for measuring the volume of a sound equal to the logarithm of the ratio of the sound pressure of the sound, to the sound pressure of the standard sound (0.0002 microbars): abbreviated "dB."

[Amended by Ord. No. 3-80]

DELIVERY

The transportation of cannabis items and related supplies to a consumer. "Delivery" also includes the use by a licensed cannabis retailer of any third-party technology platform to receive, process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer. (This definition is intended to correlate with Cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

DENSITY

Dwelling units per acre.

DEPARTMENT STORE

A large retail store offering the consumer a large variety of goods arranged in several departments.

[Amended by Ord. No. 15-92]

DETENTION BASIN

A reservoir, either man-made or natural, having a controlled outlet for storing stormwater over brief periods of time until the stream has the capacity for ordinary flow plus released water.

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required pursuant to this chapter.

DIRECTIONAL SIGN

A sign which serves as an aid to motorists using the parking facilities of some establishment, which sign does not itself advertise the establishment and which meets the size requirement of this chapter.

DISCHARGE

The volume of water flowing past a given point per unit of time and is measured in cubic feet per second.

DISTURBANCE

Any activity which involves the clearing, excavating, storing, grading, filling, or transporting of soil or any other activity which causes soil to be exposed to the danger of erosion.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation before, during and after construction or development, and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.

DRAINAGEWAY

Any watercourse, trench, ditch, depression or other hollow space in ground, natural or artificial, which collects or disperses surface water from land.

DWELLING, MULTIFAMILY

A building, other than a townhouse, occupied or intended to be occupied exclusively for residential purposes by more than two families.

DWELLING, ONE-BEDROOM APARTMENT

A one-bedroom apartment shall contain one enclosed bedroom, toilet and bath and/or shower facilities, a kitchen, a living area, and a dining area in combination with and completely open on at least one side to either the kitchen or living area. No additional room shall be permitted except hallways, an outdoor patio, and suitable closet and storage space.

[Amended 9-14-2016 by Ord. No. 10-2016]

DWELLING, SINGLE-FAMILY

A building occupied or intended to be occupied exclusively for residential purposes by one family.

DWELLING, THREE-BEDROOM APARTMENT

A three-bedroom apartment shall contain three enclosed bedrooms, toilet and bath and/or shower facilities, a kitchen, a living area and a dining area. The dining area may be in combination with either the kitchen or living room or may be a separate room. No additional room shall be permitted except hallways, an outdoor patio, and suitable closet and storage space.

[Amended 9-14-2016 by Ord. No. 10-2016]

DWELLING, TWO-BEDROOM APARTMENT

A two-bedroom apartment shall contain two enclosed bedrooms, toilet and bath and/or shower facilities, a kitchen, a living area and a dining area, in combination with and completely open on at least one side to either the kitchen or living area. No additional room shall be permitted except hallways, an outdoor patio and suitable closet and storage space.

[Amended 9-14-2016 by Ord. No. 10-2016]

DWELLING, TWO-FAMILY

A building designed for or occupied exclusively by two families living independently of each other.

DWELLING UNIT

A building, or part thereof, having cooking and sanitary facilities, occupied or intended to be occupied exclusively for residential purposes by one family.

DWELLING UNIT, EFFICIENCY APARTMENT

An efficiency apartment shall contain an enclosed toilet and bath facilities and one room providing living, sleeping and kitchen facilities. No additional room shall be permitted except hallways, an outdoor patio, and suitable closet and storage space.

EASEMENT

The right of the Borough, county, state, Sewerage Authority or other public or quasi-public agency, their agents, servants and employees to use the land subject to the easement for the purposes specified on the plat or in the document granting the easement.[3]

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

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

ELECTRIC VEHICLE SUPPLY/ SERVICE EQUIPMENT or EVSE

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. EVSE may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

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

ENCROACHMENT

Any obstruction within a delineated floodway.

ENVIRONMENTAL COMMISSION

A municipal advisory body created pursuant to P.L. 1968, Chapter 245.[4]

EQUAL DEGREE OF ENCROACHMENT

The delineation of floodplain limits so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the floodplain along both sides of a stream for significant reach.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

ESSENTIAL SERVICES

Underground gas, electrical, telephone, telegraph, steam or water transmission or distribution systems, including mains, drains, sewers, pipes, conduits, and cables; and including normal aboveground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals and hydrants, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other government agencies or for the public health or safety or general welfare. Essential services shall not be deemed to include wireless telecommunications towers and antennas.

[Amended by Ord. No. 8-2000]

EXCAVATION

Removal or recovery by any means whatsoever of minerals, mineral substances or organic substances, other than vegetation, from the water, land surfaces, or beneath the land surface, whether exposed or submerged. Normal agricultural activities shall not be considered to be excavation.

FAA

The Federal Aviation Administration.

[Amended by Ord. No. 8-2000]

FAMILY

One or more persons living as a single nonprofit housekeeping unit.

FARM

Any parcel of land containing at least five acres which is used for gain in the raising of agricultural products, livestock, poultry or dairy products. It includes necessary farm structures within the prescribed limits, and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.

FARMING

The use of land for agricultural or horticultural use, or for raising poultry or domestic livestock.

FAST-FOOD RESTAURANT

See "restaurant, fast food."

FCC

The Federal Communications Commission.

[Amended by Ord. No. 8-2000]

FENCE

A structure which encloses or borders all or a part of a field or yard.

FILL

Sand gravel, earth or other materials placed or deposited within the floodway so as to form an embankment or raise the elevation of the land surface.

FINAL APPROVAL

The official action of the reviewing board taken on a preliminarily approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.

FINAL PLAT

The final map of all or a portion of the site plan or subdivision which is presented to the Planning Board for final approval in accordance with the provisions of this chapter.

FINANCIAL SERVICES

Establishments which include but are not limited to reserve banks and institutions, commercial banks, savings institutions, credit unions, international banking institutions, credit agencies and institutions, mortgage bankers and brokers, security and commodity brokers, dealers, exchanges, and services, and holding and other investment offices.

[Added 12-8-2010 by Ord. No. 24-2010]

FITNESS CENTER

An indoor facility containing exercise equipment, an area for scheduled exercise classes, and which may contain a swimming pool and locker room facilities or a spa and other ancillary spa-related services.

[Amended by Ord. No. 6-92; 9-14-2016 by Ord. No. 10-2016]

FLEX-OFFICE/WAREHOUSE

A building whose floor space is arranged for its occupant or occupants as one or more separate modules for office, warehouse, assembly, packaging or distribution use or for a combination of such uses.

FLOOD

A temporary rise in stream level that results in inundation.

FLOODPLAIN

The relatively flat area adjoining any natural or man-made stream, pond, lake, river, bay or any other body of water which is subject to a one-hundred-year flood.

FLOOR AREA RATIO

The sum of the area of all floors of buildings or structures compared to the total area of the site.

[Amended by Ord. No. 03-2001]

FOOD PROCESSING

The washing, cleaning, cutting, dicing, slicing, blanching, freezing, packaging or other preparation for shipping of agricultural fruit and/or vegetable products or fish or meat products delivered directly to the site from the farm on which they were grown.

FREQUENCY

The number of oscillations per second; expressed in Hertz (abbreviation Hz).[5]

[Amended by Ord. No. 3-80]

GARAGE

A structure for the enclosed parking of vehicle(s).

GARAGE, PRIVATE

A garage used for storage and/or parking purposes only and having a capacity of not more than four automobiles or not more than two automobiles per family housed in the building to which such a garage is accessory, whichever is greater. Space therein may be used for not more than one commercial vehicle.

GARAGE, PUBLIC

Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, servicing, adjusting or equipping of automobiles or other motor vehicles.

GARDEN-TYPE MULTIFAMILY APARTMENTS

An integrated development of individual dwelling units, which utilize such common facilities as parking and garage areas, pedestrian walks and utility and sanitary systems, consisting of a group of separate buildings, not exceeding 35 feet in height, each of which contains not more than 16 or less than four separate dwelling units, each of which has a separate entrance at ground level.

GAS STATION or GAS SERVICE STATION

Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry-cleaning or otherwise cleaning or servicing such motor vehicles.

GLARE

The sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort or loss in visual performance and visibility.

[Amended by Ord. No. 16-93; 2-22-2006 by Ord. No. 4-2006]

GOLF COURSE

An area of 45 or more acres containing a full-size professional golf course of at least nine holes, together with necessary and usual accessory uses and structures, including but not limited to clubhouse facilities, dining and refreshment facilities, swimming pools and tennis courts, provided that the operation of the facilities is incidental and subordinated to the operation of the golf course.

GOLF TRAINING CENTER

A facility consisting of a driving range; a putting green, chipping green and sand bunker area; and a clubhouse, where golf instruction and practice areas are available.

[Amended by Ord. No. 6-92]

GOVERNING BODY

The Mayor and Council of the Borough of Eatontown.

GRADE, ESTABLISHED

The elevation of the center line of the streets as officially established by Borough authorities.

GRADE, FINISHED

The completed surfaces of lawn, walks and roads brought to grades as shown on official plans or designs relating thereto.

GROSS FLOOR AREA

The sum of the gross horizontal areas of a floor or several floors of a building as measured between the inside face of exterior walls, or from the center line of walls separating two units. In the case of the upper stories of a residential structure, the floor area of such stories shall not be included in the satisfaction of the minimum gross floor area requirements of this chapter unless the story is accessible through use of a fixed and permanent stairway. In addition, only that portion of the floor area shall be included in the satisfaction of minimum gross floor area requirements of this floor area which has a clear head room of six feet six inches. Any cellar, garage space, or accessory buildings shall not be included in computing gross floor area except in the case of commercial and industrial buildings. The floor area of basements or cellars in an office building will not be used to determine the required off-street parking, provided the ceiling height of the basement or cellar is less than seven feet and the basement or cellar is not for human occupancy. In the case of warehouse/storage areas within nonresidential uses, warehouse storage mezzanine surface area shall not be considered as part of the gross floor area.

[Amended by 2-22-2006 by Ord. No. 6-2006; 12-8-2010 by Ord. No. 24-2010]

GROSS LEASABLE AREA

The total floor area designed for the tenants' occupancy and exclusive use, including basements, storage areas, mezzanines and upper floors, measured from the center line of joint partitions and from outside wall faces. Gross leasable area does not include the administrative offices necessary for the operation of a shopping mall, nor does it include public and common areas, such as public toilets, corridors, stairwells, elevators, machine rooms, equipment rooms, lobbies and mall areas.

[Amended by Ord. No. 16-92]

GROSS RESIDENTIAL DENSITY

The number of dwelling units within a development divided into the gross acres in the tract, including internal streets and open space, floodplain and other areas not used specifically for residential lots.

HEALTH AND RACQUET CLUB

A facility, the majority of which is indoors, consisting of courts used for racquet sports, exercise rooms, weight rooms, and which may contain a swimming pool and locker room facilities or a spa and related amenities. In addition, a health and racquet club may contain a television lounge and a pro shop.

[Amended by Ord. No. 6-92; 9-14-2016 by Ord. No. 10-2016]

HEALTH CARE TESTING SERVICE FACILITY

An establishment where health care services such as blood tests and similar health care tests and services are administered to patients. Medical offices for employees that are incidental to the primary use of the facility as a health care service facility are permitted.

[Added 12-8-2010 by Ord. No. 24-2010]

HEIGHT

When referring to a wireless telecommunications tower or other structure, the distance measured from the finished grade to the highest point on the tower or other structure, including the base pad and any antenna. (See also the definition of "building height.")

[Amended by Ord. No. 8-2000]

HISTORIC DISTRICT

One or more historic sites in intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

[Amended by Ord. No. 18-86]

HISTORIC SITE OR STRUCTURE

Any real property, man-made structure, natural object or configuration or portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archeological, cultural, scenic or architectural significance, including, but not limited to:

[Amended by Ord. No. 18-86; 12-7-2022 by Ord. No. 19-2022]

Historic Name (if known)		Block/Lot	Address
1.		905/1	35 Clinton Avenue - NE corner Clinton Avenue and Franklin Avenue
2.	Sun Eagles Country Clubhouse (Gibbs Hall and Pool)	501/1	South side Tinton Avenue, 0.2 mile west of Maxwell Road, Fort Monmouth
3.	Drummond Farm (Tinton Woods Clubhouse)	104/1	301 Tinton Avenue
4.	Fields Cemetery		Tess Court
5.	F. Littlefield House	1001/10	50 Broad Street
6.	Washington F.A.M. Lodge #9	1001/8	40 Broad Street
7.	Benjamin C. White House	1001/9	44 Broad Street
8.		1002/11	40 Byrnes Lane
9.	Hathaway House	1002/2	68 Broad Street
10.	Presbyterian Church	1002/3	72 Broad Street
11.	Harmony Guest House	1003/7	154 Broad Street
12.		1113/3	395 Broad Street
13.	A.M.E. Zion Church	1401/23	271 South Street
14.		1502/10	18 Buttonwood Avenue
15.		1502/15	188 South Street
16.	Friends School	201/15	35 Tinton Avenue
17.	Captain Flower	201/8	152 Main Street
18.	Locust Grove Cemetery	2302/2	South Street
19.		2501/15.01	64 Wyckoff Road
20.		2607/9	7 Campbell Drive
21.	White Ridge Cemetery (earliest section)	3001/7-9	Wall Street
22.		301/14	37 Throckmorton Avenue
23.	Brower House	301/16	43 Throckmorton Avenue
24.	Fred G. Steelman School	301/51	215 Broad Street
25.	Eatontown Museum	303/18	75 Broad Street
26.	St. James Episcopal	303/19	69 Broad Street
27.		304/15	21 Broad Street
28.
29.	Eaton's Mill Site	401/36-39	Highway 35
30.	Wolcott's Tenants' House	802/29.01	67 Buttonwood Avenue
31.		902/42	84 South Street
32.	Henry Corlies Farmhouse	904/5	128 South Street
33.		301/11	23 Throckmorton
34.		301/12	Throckmorton
35.		301/13	Throckmorton
36.		301/14	37 Throckmorton
37.		301/15	41 Throckmorton
38.		301/16	43 Throckmorton
39.		301/17	45 Throckmorton
40.		301/19	47-49 Throckmorton
41.		301/20	Throckmorton
42.		301/21	63 Throckmorton
43.		303/1	23 White
44.		303/2	64 Throckmorton
45.		303/3	St. James
46.		303/4	91 Broad Street
47.		303/24	19 White
48.		303/23	15 White
49.		303/22	11 White
50.		303/21	59 Broad
51.		304/1	29 Main Street
52.		304/2	10 Throckmorton
53.		304/3	Throckmorton
54.		304/4	21 Throckmorton
55.		304/26	27 Highway 35
56.		304/25	25 Main Street
57.		304/24	23 Highway 35
58.		304/23	21 Highway 35
59.		304/22	19 Highway 35
60.		304/21	Highway 35 (Main) (Rear)
61.		304/20	15 Highway 35 (Rear)
62.		304/19	15 Highway 35
63.		304/18	813 Highway 35
64.		1001/4	20 Broad Street
65.		1001/6	26-28 Broad Street
66.		1001/7	Broad Street
67.		1001/8	40 Broad Street
68.		1001/9	44 Broad Street
69.		1001/10	50 Broad Street
71.		1001/12	8 White Street
72.		1001/13	2 White Street
73.		1001/20	29 Highway 35
74.		1002/1	64 Broad Street
75.		1002/2	68 Broad Street
76.		1002/3	72 Broad Street
77.		1002/4	76 Broad Street
78.		1002/5	78 Broad Street
79.		1002/6	86 Broad Street
80.		1002/7	94 Broad Street
81.		1002/8	100 Broad Street
82.		1002/9	106 Broad Street
83.		1002/10	26 Byrnes Lane
84.		1002/11	40 Byrnes Lane
85.		902/25	Highway 35 McDonald's
86.		902/26	South Street
87.		902/27	30 South Street
88.		902/28	36 South Street
89.		902/29	40 South Street
90.		902/30	44 South Street
91.		902/31	48 South Street
92.		902/32	52 South Street
93.		902/33	56 South Street
94.		902/34	South Street
95.		902/35	16 Willow Street
96.		902/36	18 Willow Street
97.		902/38.01	68 South Street
98.		902/38.02	15 South Street
99.		902/39	72 South Street
100.		902/40	76 South Street
101.		902/41	80 South Street
102.		902/42	84 South Street
103.		902/43	88 South Street
104.		902/44	92 South Street
105.		902/45	South Street
106.		902/46	100 South Street
107.		902/47	104 South Street
108.		902/48	108 South Street
109.		90/50	15 Corlies Avenue
110.		902/51	17 Corlies Avenue
111.		1001/5	22 Broad Street

[6]HOME OCCUPATION

Any use conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character thereof. A "home occupation" shall not include any occupation that gives external evidence of nonresidential use.

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

HOSPITAL

Any building containing beds for four or more patients and used for the diagnosis, treatment or other care of human ailments.

HOTEL

A building containing more than five rooms used, or intended to be used, rented or hired out to be occupied for sleeping purposes by guests and which may also contain only a general kitchen and dining room and/or drinking facilities and conference and meeting rooms.

HOUSING INSPECTOR

The duly appointed Housing Inspector of the Borough of Eatontown.

IESNA

Illuminating Engineering Society of North America, an organization that recommends standards for the lighting industry.

[Amended by Ord. No. 3-97; 2-22-2006 by Ord. No. 4-2006]

IMPERVIOUS COVERAGE

A surface area that has been compacted or covered with a layer of material so that it is highly resistant to infiltration of water. In addition to buildings or structures, impervious coverage shall also include the surface area containing asphalt, concrete, gravel, broken-ended stone, stone dust, slag, crushed concrete, aggregate, pavers and brick. Sheds or other accessory buildings or structures as defined in this chapter shall also be included in the impervious surface coverage of a lot.

[Amended by Ord. No. 22-87; 12-5-2012 by Ord. No. 33-2012; 9-13-2023 by Ord. No. 25-2023]

IMPROVED STREET

The street curbed and paved in accordance with the standards set forth in this chapter for new streets or alternatively a street which has been surfaced and which has been accepted and maintained by Eatontown, Monmouth County or the State of New Jersey.

IMPROVEMENT

Street paving and the widening, extension or modification of existing paving; curbs, sidewalks, bikeways, storm drains or appurtenances; drainage structures, culverts, fire hydrants, driveways, sanitary sewers, water mains or appurtenances, gutters, street signs, streetlighting, retaining walls and the like.

IMPULSIVE SOUND LEVEL

The maximum instantaneous sound pressure level measured by an impulse sound level meter meeting IEC-Publication 179 or the latest revision thereof.

[Amended by Ord. No. 3-80]

IMPULSIVE SOUNDS

Either a single pressure peak, or a single burst (multiple pressure peaks) for a duration less than one second.

[Amended by Ord. No. 3-80]

INSTITUTIONAL USE

A nonprofit public use or a use by a public or quasi-public institution, such as a church, academic institution, library or hospital.

INTERESTED PARTY

[Amended by Ord. No. 18-86]

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and

In the case of a civil proceeding in any court or in any administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter and/or pursuant to the provisions of N.J.S.A. 40:55D or under any other law of this state or of the United States have been denied, violated or infringed by action or a failure to act under N.J.S.A. 40:55D-1 et seq. or this chapter.

JUNK

Any secondhand, discarded, or unused waste material of any type, including iron, metal, glass, paper, rags, clothes, machines, more than two motor vehicles incapable of normal operation, which are stored for the purpose of providing scrap and/or junk, used parts or accessories of motor vehicles and all other materials commonly known and generally referred to as "junk" in the ordinary meaning of the word.

JUNKYARD or SALVAGE YARD

Any lands or parcels thereof on which junk is collected, placed or stored, not within a closed and roofed building, for any purpose whatsoever, including the storage of more than two motor vehicles incapable of normal operation, which are stored for the purpose of providing scrap and/or junk.

KIOSK

A predesignated space located within the public thoroughfare of the MURC, either outdoor or indoor, which has a structure, display or stand that functions as a retail merchandising unit consistent with the permitted uses in the MURC, which may be temporary or permanent in nature.

[Added 9-14-2016 by Ord. No. 10-2016]

LAND

Any ground, soil or earth, including sandy areas, marshes, swamps, drainageways and areas not permanently covered by water. The term "land" includes improvements and fixtures on, above or below the surface.

LARGE SHADE TREE

Deciduous tree whose height at maturity is over 45 feet.

[Amended by Ord. No. 06-2001]

LICENSE

Means a license issued under P.L. 2021, c. 16 (C. 24:6I-31 et seq.), including a license that is designated as either a Class 1 cannabis cultivator license, a Class 2 cannabis manufacturer license, a Class 3 cannabis wholesaler license, a Class 4 cannabis distributor license, a Class 5 cannabis retailer license, or a Class 6 cannabis delivery license. The term includes a conditional license for a designated class, except when the context of the provisions of P.L. 2021, c. 16 (C. 24:6I-31 et seq.) otherwise intend to only apply to a license and not a conditional license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

LICENSEE

Means a person or entity that holds a license issued under P.L. 2021, c. 16 (C. 24:6I-31 et seq.), including a license that is designated as either a Class 1 cannabis cultivator license, a Class 2 cannabis manufacturer license, a Class 3 cannabis wholesaler license, a Class 4 cannabis distributor license, a Class 5 cannabis retailer license, or a Class 6 cannabis delivery license, and includes a person or entity that holds a conditional license for a designated class, except when the context of the provisions of P.L. 2021, c. 16 (C. 24:6I-31 et seq.) otherwise intend to only apply to a person or entity that holds a license and not a conditional license. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

LICENSEE REPRESENTATIVE

Means an owner, director, officer, manager, employee, agent, or other representative of a licensee, to the extent that the person acts in a representative capacity. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

LIGHT INDUSTRY

The use of any premises, structure, building or part of a building or place for the manufacture, maintenance, alteration, cleansing, repairing, ornamenting, finishing, adaptation for sale, breaking up, or demolishing or transformation of goods and materials; for the storage, loading, unloading or handling of goods and cargoes; for the distribution of goods and products; or for the training, research, design and development, quality control and packaging in relation to the above processes where the use does not create any hazardous on-site or off-site impacts from smoke, particulates or other air pollution, groundwater pollution, odors, noise, glare, heat, vibration, radiation, fire or explosion hazard, or other hazardous conditions.

[Amended 12-8-2010 by Ord. No. 24-2010]

LIGHT TRESPASS

Any form of artificial illuminance emanating from a light fixture or illuminated sign that penetrates other property and creates a nuisance as specified in § 89-48C.

[Amended by Ord. No. 16-93; Ord. No. 3-97; 2-22-2006 by Ord. No. 4-2006]

LOADING SPACE

Any off-street space or berth on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading or unloading.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA

The total area, measured in square feet or acres, of a lot and shall not include:

Any land lying within any abutting street right-of-way; or

Any land within 25 feet of a street center line; or

Any land shown within a street right-of-way on the Master Plan or Official Map of the Borough.

LOT, CORNER

The lot at the junction of and abutting on two or more intersecting streets.

LOT COVERAGE

That percentage of the lot area covered by building area.

LOT DEPTH

The shortest distance measured on a horizontal plane between the front lot line (if the front lot line is curved, the line shall be drawn perpendicular to the chord of the front lot line) and a line drawn perpendicular to the front lot line through the midpoint of the rear lot line. See Figure A, annexed to these definitions.[7]

LOT FRONTAGE

The distance measured on a horizontal plane between the side lot lines measured along the street line. The minimum lot frontage shall not be less than the required lot width, except that on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot line measured at the street line shall not be less than 50% of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage requirements for that zone may be considered the lot frontage. See Exhibit 1, annexed to these definitions.[8]

LOT, INTERIOR

A lot other than a corner lot.

LOT WIDTH

The horizontal distance between the side lot lines, measured at the required front setback line.

EXHIBIT 1

MAINTENANCE

When applied to landscaping, trees, shrubs, screening and other plant life within this chapter, the term "maintenance," the phrase "to be maintained," or similar wording shall mean the regular and periodic policing, trimming, cutting, watering and replacement of dead matter as appropriate to the circumstance.

MAINTENANCE GUARANTEE

Any security, other than cash, which may be accepted by the Borough for the maintenance of any improvements required by this chapter.

MAJOR SITE PLAN

Any site plan not classified as a minor site plan or exempted site plan.

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MAKE-READY PARKING SPACE

The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, level two EVSE and direct current fast chargers. Make ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P. L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).

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

MANUFACTURE

The drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" does not include packaging or labeling. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the Borough of Eatontown as set forth in and adopted pursuant to N.J.S.A. 40:55D-28.

MATURE CANNABIS PLANT

A cannabis plant that is not an immature cannabis plant. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

MEDICAL CANNABIS

Cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.). "Medical cannabis" does not include any cannabis or cannabis item which is cultivated, produced, processed, and consumed in accordance with P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.). (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

MEDIUM SHADE TREE

Deciduous tree whose height at maturity is between 30 to 45 feet.

[Amended by Ord. No. 06-2001]

MICROBUSINESS

A person or entity licensed under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service that may only, with respect to its business operations, and capacity and quantity of product: 1) employ no more than 10 employees; 2) operate a cannabis establishment occupying an area of no more than 2,500 square feet, and in the case of a cannabis cultivator, grow cannabis on an area no more than 2,500 square feet measured on a horizontal plane and grow above that plane not higher than 24 feet; 3) possess no more than 1,000 cannabis plants each month, except that a cannabis distributor's possession of cannabis plants for transportation shall not be subject to this limit; 4) acquire each month, in the case of a cannabis manufacturer, no more than 1,000 pounds of usable cannabis ; 5) acquire for resale each month, in the case of a cannabis wholesaler, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof; and 6) acquire for retail sale each month, in the case of a cannabis retailer, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

MINING

An extractive process involving the removal of soil, earth, sand, clay, gravel, humus, peat, or other organic and mineral materials.

MINOR SITE PLAN

A development plan for which site plan approval is required and for which the Planning Board finds that the following conditions have been met:

[Amended by Ord. No. 3-80]

The construction of drainage facilities is not required;

Does not involve planned development;

Only exterior facade alterations are proposed and/or new building construction and/or building additions do not exceed 1,000 square feet of gross floor area;

The proposed development does not increase parking requirements by more than 10 spaces nor entail or propose the construction of a total of more than 50 parking spaces;

No new street is involved and no off-tract improvements are required; and

(6)

The plan contains the information reasonably required in order to make an informed determination as to whether the requirements established by this chapter for approval of a minor site plan have been met.

MINOR SUBDIVISION

A subdivision of land which:

[Amended by Ord. No. 3-80]

Contains not more than three lots which front on an existing and dedicated improved street and are adequately drained;

Does not include any land which has been subdivided within 36 months immediately preceding the subdivision application;

Does not involve any new street or road;

Does not involve the extension of Borough facilities or any off-tract improvement, the cost of which is to be prorated;

MIXED-USE REGIONAL CENTER (MURC)

Does not adversely affect the development of the remainder of the parcel or of adjoining property;

(6)

Does not conflict with any provision of the Master Plan, Official Map or this chapter; and

(7)

Does not involve a planned development.

MIXED-USE BUILDING

A building of two or more stories with a minimum of the ground floor consisting of exclusively nonresidential uses, with the exception of residential entries and/or lobby areas, and a minimum of one floor of residential uses over one or more floors of nonresidential uses.

[Added 9-14-2016 by Ord. No. 10-2016]

A multipurpose commercial, residential, and recreational development arranged on one site as a multiple group of buildings sharing common facilities such as parking, loading, sidewalks, open space and other related amenities which include both enclosed and open commercial buildings of at least 750,000 square feet of gross leasable area designed to be occupied by numerous retail, service, commercial and recreational uses, along with the development of multifamily residential housing in mixed-use buildings.

[Added 9-14-2016 by Ord. No. 10-2016]

MOBILE FOOD TRUCK

A motorized vehicle registered as a commercial vehicle in the State of New Jersey which shall be used for the purpose of preparing and serving individual portions of food to a consumer in conformity with applicable health and safety laws of this state. Said vehicles shall be permitted to operate in locations in this zone that have been designated and approved in advance for such use by the Borough. The hours of operation of any such vehicle shall be consistent with the hours of operation of the MURC.

[Added 9-14-2016 by Ord. No. 10-2016]

MOBILE HOME

A movable or portable permanent residential dwelling unit on a chassis.

MOBILE HOME PARK

Any plot of ground upon which two or more mobile homes occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.

MOBILE HOME SPACE

A plot of ground within a mobile home park designed for the accommodation of one mobile home. A mobile home space shall be measured using plot width, which shall be the perpendicular distance between side plot lines, and plot depth, which shall be the actual distance along the side plot line and need not be perpendicular to the street.

MOTEL

A building containing more than five rooms with individual entrances, used or intended to be used, rented or hired out, to be occupied for sleeping purposes by guests and which may also contain only a general kitchen and dining room and/or drinking facilities and conference or meeting rooms.

MULCHING

The application of plant residue or other materials to the land surface to conserve moisture, hold soil in place, or aid in establishing a plant cover for land.

MULTIFAMILY HOUSING DEVELOPMENT

A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.

[Amended by Ord. No. 29-93]

MULTIPLE-VENDOR RETAIL STORE

A retail store unit which is leased or subleased to more than one tenant. Each tenant shall be engaged in the retail sale or provision of retail services permitted in the B-3 Zone, and shall occupy a portion of the retail unit under a written lease for a term of not less than 30 days. A multiple-vendor retail store shall conform to all building and fire subcode requirements including, but not limited to, egress, corridor, and exitway regulations. Each tenant of the multiple-vendor retail store shall be considered a merchant for the purposes of all Borough regulations pertaining to mercantile or other licenses.

[Amended by Ord. No. 16-92]

MUNICIPAL AGENCY

The Planning Board of the Borough of Eatontown, the Zoning Board of Adjustment or the Mayor and Council of the Borough of Eatontown, when acting pursuant to this chapter, and any agency which is created by or responsible to the Borough and one or more other municipalities when such agency is acting pursuant to this chapter.

NATURAL DRAINAGE FLOW

The flow of surface water runoff along drainageways at rates and/or velocities or in quantities typical of drainage from the land in an undisturbed natural condition.

NATURAL DRAINAGE PATTERN

The usual predevelopment topographical pattern or system of drainage of surface water runoff from a particular site prior to land disturbance, including drainageways and watercourses which carry surface water only during periods of heavy rains, storms or floods.

NEIGHBORHOOD RETAIL/SERVICE CENTER

Establishments that serve individual consumers and contain uses such as retail sales, personal services, restaurants, banks, and similar uses with the purpose of serving the needs of the employees of local businesses and visitors to the area.

[Added 12-8-2010 by Ord. No. 24-2010]

NET RESIDENTIAL DENSITY

The number of dwelling units divided into the land area specifically designated as residential land for those dwelling units.

NONCOMMERCIAL

Not dependent or conditioned upon the provision or receipt of financial consideration. (This definition is intended to correlate with Cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

NONCONFORMING LOT

A lot, the area, dimension or location of which was lawful prior to the effective date of this chapter, its revision or amendment, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE

A structure, the size, dimension, or location of which was lawful prior to the effective date of this chapter, its revision or amendment, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE

A use or activity which was lawful prior to the effective date of this chapter, its revision or amendment, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NUISANCE

An unreasonably offensive, annoying, unpleasant or obnoxious thing or practice, a cause or source of annoyance, constituting a substantial invasion or disturbance of others' rights, including, but not limited to, an excessive or concentrated movement of noise, dust, smoke, fumes, odor, glare, flashes, vibration, shock waves, heat, electronic or atomic radiation, liquid or gaseous objectionable effluent.

NURSERY

An agricultural establishment of at least five acres in area where trees and plants are raised and offered for sale at retail and/or wholesale.

OBJECTIONABLE DIRECT GLARE SOURCE

Glare resulting from excessive levels of illumination or insufficiently shielded light sources emanating from light fixtures in the field of view where the lens, lamp or reflector is offensively visible above a height of five feet at a property line or a public roadway.

[Amended by Ord. No. 3-97; 2-22-2006 by Ord. No. 4-2006]

OBSTRUCTION

Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

OCCUPANCY

A condition of an activity or use being upon a lot and/or within a building.

OCCUPANT

A full-time resident of a residential dwelling being the location where the resident maintains his official legal address, sleeps on a regular basis, prepares his meals, maintains his wardrobe and treats the dwelling as what is commonly referred to as a "home."

[Amended by Ord. No. 21-95]

OCTAVE BAND SOUND PRESSURE LEVEL

Sound pressure level measured in standard octave bands with a sound level meter and octave band analyzer that meets ANSI S 1.4 and S 1.11 or the latest revision thereof.

[Amended by Ord. No. 3-80]

OFFICE CENTER

One or more buildings or parts thereof designed as a unit to be occupied by one or more offices where no manufacturing fabrication or assembly of goods is conducted.

OFFICIAL COUNTY MAP

The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Monmouth County pursuant to N.J.S.A. 40:27-5.

OFFICIAL MAP

The map adopted by the Borough of Eatontown pursuant to N.J.S.A. 40:55D-32 et seq.

OFF-SITE

Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

OFF-TRACT

Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ON-SITE

Located on the lot in question.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open spaces; provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land. Open space may be used for recreation, agriculture, reasonable protection, amenity or buffers.

ORNAMENTAL TREE

A tree, usually deciduous, planted primarily for its decorative effect or unusual or unique appearance and which tends to be smaller at maturity than a shade tree.

[Amended by Ord. No. 03-2001]

OUTDOOR LIGHT FIXTURE

Outdoor Light Fixture: An electrically powered illuminating device containing a total light source of more than 1,800 initial lumens per fixture or any spot or flood luminaire with a reflector contained in the lamp component such as a PAR lamp of more than 900 initial lumens per fixture, which is permanently installed outdoors, including, but not limited to, devices used to illuminate any site, architectural structure or sign.

[Amended by Ord. No. 16-93; 2-22-2006 by Ord. No. 4-2006]

OVERLAY ZONE

An area designated by the Zoning Ordinance of the Borough that covers a portion of or all of, one or more underlying zone districts. Within an overlay zone, development is permitted subject to the control of additional uniform regulations and requirements.

[Amended by Ord. No. 17-200]

PARKING AREA, PRIVATE

An open area, other than a street, intended for the same uses as a private garage.

PARKING AREA, PUBLIC

An open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee or as an accommodation for clients or customers.

PARKING SPACE

An area of not less than nine feet by 19 feet served by an adequate drive and intended primarily for the parking of a motor vehicle.

[Amended by Ord. No. 16-80]

PARTY IMMEDIATELY CONCERNED

For purposes of notice, any applicant for development, the owners of the subject property, and all owners of property and government agencies entitled to notice of a public hearing by statute or this chapter.

PATIO HOUSES OR ATRIUM HOUSES, SINGLE-FAMILY ATTACHED

Single-family attached dwelling units clustered around a common enclosed or semi-enclosed court.

PENNANT

Any lightweight plastic fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series designed to move in the wind.

[Amended by Ord. No. 15-92]

PERFORMANCE GUARANTEE

Any security, which may be accepted by the municipality, including cash; provided that not more than 10% of the total performance guarantee shall be required to be in cash.

PERMIT, BUILDING

A certificate issued by the Building Inspector and endorsed by the Zoning Officer authorizing the construction, reconstruction, remodeling, alteration or repair of a building or other structure upon approval of the submitted application and plans.

PERMIT, CERTIFICATE OF USE AND OCCUPANCY

A certificate issued upon completion of the construction of a new building or upon a change in the occupancy or use of a building and certifying that all requirements of the Building Code, this chapter or such adjustment therefrom which has been granted by the Board of Adjustment, and that the purpose for which such building is to be used is in conformance with the uses permitted in the zone in which it is located.

PERMIT, CONDITIONAL USE

A permit issued by the Zoning Officer for a use specified as a conditional use in any section of this chapter and approved by the Planning Board in accord with all procedures of this chapter.

PERMIT, TEMPORARY USE

A permit that may be issued by the Zoning Officer upon the written direction of the Board of Adjustment and which shall be effective for a period of six months only.

PERMIT, ZONING

A document signed by the Zoning Officer which:

Is required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building; and

Acknowledges that such use, structure or building complies with the provisions of this chapter or a variance therefrom duly authorized by a municipal agency, and with all approvals required by this chapter.

PERSONAL SERVICES

Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel including but not limited to uses such as barbers, beauticians, hairdressers, shoe repair persons, tailors, dry cleaners, laundromats, mailing services, printing services, photo studios, and travel agencies.

[Added 12-8-2010 by Ord. No. 24-2010]

PHYSICAL SIGN TYPES

GROUND SIGNA self-supporting sign connected to the ground and independent of any other structure including pylon, pedestal or individual post type supports;

PROJECTING SIGNA sign attached to the building wall which neither extends more than 12 inches from the face of the wall nor projects nearer the curbline than two feet nor projects nearer the sidewalk surface than eight feet nor projects above the roof line or store front facade line nor extends beyond the ends of the facade or building;

PLANNED COMMERCIAL DEVELOPMENT

WALL SIGNA flat sign attached to a building wall which extends not more than 12 inches from the wall and is not extended above the top or beyond the ends of the facade.

An area of a minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant uses as permitted by ordinance.

[Amended by Ord. No. 03-2001]

PLANNING BOARD

The Municipal Planning Board established pursuant to Article III of this chapter.

PLANNING BOARD ENGINEER

The licensed New Jersey professional engineer specifically retained by the Planning Board or assigned by the Borough Engineer (with consent of the Board) to render engineering services and advice to the Board. In the absence of specific appointment of a Planning Board Engineer, the Borough Engineer may assume the duties of the office.

PLAT

A map or maps of a subdivision or site plan.

POP-UP ESTABLISHMENT

A retail merchandising unit, installation of art, exhibition space, farmers market, or area for the sale of seasonal retail merchandise or other retail or entertainment venue that is opened temporarily. A pop-up establishment may be located either in an existing storefront in the interior of the MURC, or in outdoor areas of the MURC that have been pre-approved by the Borough for such establishments to conduct businesses that are permitted in this zone.

[Added 9-14-2016 by Ord. No. 10-2016]

PREDEVELOPMENT

The condition of the site previous to any modification of the land requiring municipal agency approval.

PRELIMINARY APPROVAL

The conferral of certain rights pursuant to Article X of this chapter prior to final approval after specific elements of a development plan or subdivision have been agreed upon by the municipal agency and the applicant.

PREMISES or LICENSED PREMISES

Includes the following areas of a location licensed under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.): all public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, restrooms, and storerooms; all areas outside a building that the Cannabis Regulatory Commission has specifically licensed for the production, manufacturing, wholesaling, distributing, retail sale, or delivery of cannabis items; and, for a location that the commission has specifically licensed for the production of cannabis outside a building, the entire lot or parcel that the licensee owns, leases, or has a right to occupy. (This definition is intended to correlate with cannabis class uses as developed and updated by the State of New Jersey.)

[Added 8-5-2021 by Ord. No. 19-2021]

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

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

PRIVATE SCHOOL

Any building or group of buildings, the use of which meets the state requirements for elementary, secondary, or higher education and which does not receive the major part of its funding from governmental agencies.

[Added 9-14-2016 by Ord. No. 10-2016]

PROFESSIONAL OFFICE

An office of a member of a recognized profession, maintained for the conduct of their profession. Such professions shall be limited to those of law, architecture, engineering, art, religion, music, accounting, insurance services, real estate brokers, and other professions which require a small degree of formal training and experience.

[Added 12-8-2010 by Ord. No. 24-2010]

PUBLIC AREAS

Public parks, playgrounds, trails, paths and other recreational areas;

Other public open spaces;

Scenic and historic sites; and

REGIONAL ENCLOSED PLANNED SHOPPING CENTER

Sites for schools and other public buildings and structures.

PUBLIC DRAINAGEWAY

The land reserved or dedicated for the installation of stormwater sewers or drainage measures, surface water runoff control measures and soil erosion and sedimentation control measures, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLICLY ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).

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

PUBLIC OPEN SPACE

An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservational uses.

PUBLIC SCHOOL

Any building or group of buildings, the use of which meets the state requirements for elementary, secondary, or higher education and which receives the major part of its funding from governmental agencies.

[Added 9-14-2016 by Ord. No. 10-2016]

PUBLIC UTILITY

Any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to N.J.S.A. 48:2-13.

[Amended by Ord. No. 8-2000]

QUORUM

The majority of the full authorized membership of a municipal agency.

READER BOARD

A sign equipped with an area for a message that can be changed manually. The message displayed on the reader board of a sign shall not be changed more than once in any twenty-four-hour period.

[Amended by Ord. No. 15-92]

RECREATIONAL USES

A place designed and equipped for sports and leisure time activities that contains uses including, but not limited to, golf driving ranges, golf training centers, health and racquet clubs, fitness centers, swimming pools, tennis courts, badminton courts, table tennis facilities, shuffleboard courts, handball courts, horseshoe pits and similar recreational uses.

[Added 12-8-2010 by Ord. No. 24-2010]

RECREATION, INDOOR

A permanent structure containing facilities designed and equipped to contain uses including, but not limited to, health and racquet clubs, fitness centers, sports training centers, tennis courts, party and play facilities, batting cages, game courts, exercise equipment, exercise and/or dance floor area, pools, locker rooms, spa, whirlpool or hot tub, and similar indoor recreational uses. These uses may include a pro shop, education and training facilities, accessory retail shop for the sale of equipment related to the indoor recreational use, and an accessory food and beverage shop that is clearly incidental to the indoor recreational use and that serves food and beverages for the consumption of the patrons of the indoor recreational use.

[Added 12-8-2010 by Ord. No. 24-2010]

RECYCLING AREA

Space allocated for collection and storage of source-separated recyclable materials.

[Amended by Ord. No. 29-93]

RECYCLING CONTAINERS

Containers for the collection of recyclable materials, including but not limited to glass, plastic, metal, cardboard and paper. However, recycling containers shall not contain any hazardous materials.

[Added 12-8-2010 by Ord. No. 24-2010]

A shopping center arranged on one site as a building or group of buildings sharing such common facilities as parking, loading, walkways and which includes a fully enclosed building of at least 600,000 square feet of gross leasable area designed to be occupied by more than one retail business and/or consumer service use, including at least one full line department store and an enclosed pedestrian mall connecting major anchor stores.

[Amended by Ord. No. 16-92]

REGULATORY FLOOD

A flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur in a particular stream. The regulatory flood has a frequency of approximately 100 years determined from an analysis of floods on a particular stream and other streams in the same general region.

REGULATORY FLOOD PROTECTION ELEVATION

Of the regulatory flood plus one foot of freeboard to provide a safety factor.

RESIDENTIAL CLUSTER

An area to be developed as a single entity according to a plan containing residential units which have a common or public open space area as an appurtenance and includes a reduction of specified dimensional controls applicable to individual lots.

RESTAURANT, DRIVE-IN

An establishment where patrons will be served food, soft drinks, ice cream and/or similar confections and where the entire transaction of service, (placement of order, preparation of same, payment for and receipt of order) is not within a building which contains tables and chairs at which patrons may consume purchases. Any such establishment which encourages the consumption of purchased items in automobiles parked upon the premises or exclusively at outdoor tables by reason of the physical arrangement of facilities or method of operation shall be deemed to be a drive-in restaurant. A drive-in restaurant shall be distinguished from a sit-down or take-home restaurant and shall not be construed as a similar use and in the nature of a sit-down or take-home restaurant as defined below. Any restaurant meeting this definition shall be a drive-in restaurant regardless of other types of restaurant operation as defined by this chapter which may be conducted on the premises.

[Amended by Ord. No. 3-80]

RESTAURANT, FAST-FOOD

An establishment used for the preparation and sale of food products which are generally packaged in paper or served on (in) disposal plates, wrappers or containers, and intended for ready consumption either inside the building at tables, on a patio, on the premises, in parked cars, or off the premises. A portion of the operation may involve service directly to patrons in their motor vehicles. The term does not include a retail outlet selling food items primarily for home preparation and consumption; or a restaurant which serves food primarily on nondisposable tableware, or provides incidental carry-out service, where the space used for the carry-out service does not exceed 5% of the total patron seating area or 80 square feet (whichever is less).

[Amended by Ord. No. 25-87]

RESTAURANT, SIT-DOWN

Any establishment, however designated, at which food is sold for consumption by patrons seated at tables on the premises within an enclosed building or at a patio or sidewalk area with an enclosed fence or similar demarcation for outdoor seating for restaurant patrons only, and further provided that a minimum ten-foot-wide pedestrian access is maintained on any sidewalk area.

[Amended 9-14-2016 by Ord. No. 10-2016]

RESTAURANT, TAKE-HOME

An establishment where patrons will be served ready-to-eat, prepared and packaged food intended to be consumed by the patron at a location other than on the premises and where the entire transaction of service (placement of order, preparation of same, payment for and receipt of order) is within a building containing no counter, tables or other facility for on-premises consumption whether indoor or outdoor.

[Amended by Ord. No. 3-80]

RESUBDIVISION

The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or

SERVICE STATION or AUTOMOTIVE GARAGE

The alteration of any streets or the establishment of any new street within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

RETAIL SALES

Establishments engaged in the selling or rental of goods or merchandise for personal or household consumption and rendering services incidental to the sale of such goods.

[Added 12-8-2010 by Ord. No. 24-2010]

RETENTION BASIN

A reservoir, either man-made or natural, used for storing stormwater for an indefinite time. It contains no positive outfall.

REVIEWING BOARD

Either the Planning Board or Zoning Board depending on which board is exercising jurisdiction in the matter or as the context of the ordinance may indicate.

RUNOFF

The flow of water collected from a drainage basin or watershed and its rate as measured in cubic feet per second.

SCREENING

Any concentration or grouping of trees or shrubberies as may be required by this chapter.

SEDIMENTATION

The deposition of soil that is in suspension or is being or has been transported from its site of origin by air, water, ice, wind, gravity, or other natural means as a product of erosion.

SEDIMENTATION BASIN

A basin formed by a barrier or dam constructed across a waterway or at other suitable locations to intercept and retain sedimentation and debris.

Any building, premises or land in or upon which the storage, repair maintenance, working or servicing of vehicles is conducted.

SETBACK

The term used to refer to the shortest horizontal dimension between a building and the lot line on that side of a building.

SEX PARAPHERNALIA

Any physical object whose intended purpose is use in immediate conjunction with ultimate sex acts.

SHADE TREE

A tree, usually deciduous, planted primarily for its high crown of foliage or overhead canopy.

[Amended by Ord. No. 03-2001]

SHADE TREE COMMISSION

The Shade Tree Commission of the Borough of Eatontown.

SHADE TREE, LARGE

A deciduous tree whose height at maturity is over 45 feet.

[Amended by Ord. No. 03-2001]

SHADE TREE, MEDIUM

A deciduous tree whose height at maturity is between 30 feet and 45 feet.

[Amended by Ord. No. 03-2001]

SHADE TREE, SMALL

A deciduous tree whose height at maturity is under 30 feet.

[Amended by Ord. No. 03-2001]

SHARED SPACES

A commercial or professional building whose floor space is arranged where its occupants make use of shared common facilities such as common conference rooms, reception areas and kitchens, owned and operated by the owner with the occupants renting space for offices or permitted uses under lease or license agreements for a term of no less than three months in duration.

[Added 10-5-2005 by Ord. No. 21-2005]

SHIELDED LIGHT FIXTURE

A light fixture with cutoff optics that allows no direct light emissions above a vertical cutoff angle of 90° above nadir (straight down at perfect vertical), through the light fixture’s lowest light emitting part. Any structural part of the light fixture providing this cutoff angle must be permanently affixed.

[Amended by Ord. No. 16-93; Ord. No. 3-97; 2-22-2006 by Ord. No. 4-2006]

SHOPPING CENTER

One or more buildings, or parts thereof, designed as a unit to be occupied by one or more retail businesses and/or consumer service uses and offices.

SIGN

Any announcement, declaration, demonstration, billboard, display, illustration, or insignia used to promote or advertise the interest of any person, group of persons, or product, when the same is placed, erected, attached, painted or printed so as to be visible to the general public.

SIGN, "A" FRAME (SANDWICH)

A temporary freestanding sign which is ordinarily in the shape of an "A" or some variation thereof, located on the ground, easily movable, not permanently attached thereto and which is usually two-sided. The term "fixed" when applied to an "A" frame or sandwich sign means fixed in position and not allowed to swing freely.

[Amended by Ord. No. 15-92]

SIGN, BANNER

Any sign of lightweight fabric or similar material that is mounted to a pole or building at one or more edges. National flags; state, county or municipal flags; or the official flag of a nonprofit institution shall not be considered a banner. The official flag of a business shall not be considered a banner, provided that not more than one such business flag is displayed per site and further provided that the business flag does not exceed 30 square feet in area. A banner sign shall also include "wind wavers."

[Added 12-4-2013 by Ord. No. 23-2013]

SIGN, ELECTRIFIED NEON

An advertising display constructed of neon tubing.

[Amended by Ord. No. 15-92]

SIGN, ELECTRONIC MESSAGE BOARD

A sign equipped with an area for a message that can be changed electronically. The message displayed on such sign shall not be changed more than once in a one-hour period.

[Added 12-4-2013 by Ord. No. 23-2013]

SIGN, FUNCTIONAL TYPE

[Added 12-4-2013 by Ord. No. 23-2013]

DIRECTORY OF OCCUPANT SIGNA sign or plate attached to the facade of a building listing the tenants or occupants thereon and their respective professions or business activities.

DIRECTIONAL SIGNA sign or device intended to direct or point toward a place or which gives verbal or visual directions.

IDENTIFICATION SIGNA sign, symbol, trademark, structure or similar device used to identify the occupant of any structure, the product made or activity being pursued by any individual business, service, commercial or industrial activity.

SITE AND DESIGN COMMITTEE

OFFICIAL SIGNAny sign, symbol or device erected and maintained by the federal government, State of New Jersey, County of Monmouth or the Borough of Eatontown for the purpose of informing or guiding the public, or for the protection and promotion of health, safety and convenience and general welfare or any sign of a civic, fraternal or religious organization specifically authorized by the Borough Council of the Borough of Eatontown.

SIGN, GRAND OPENING

A sign which announces the event of the opening of operations for the first time of a new business or enterprise on the site or change of ownership of a business or enterprise.

[Amended by Ord. No. 15-92]

SIGNS, LED

A sign consisting of light-emitting diode or a light source that emits color light, usually red, but also green, yellow, blue and white, from a very small amount of electricity, and is used for electronic signs.

[Added 12-4-2013 by Ord. No. 23-2013]

SIGN, MONUMENT

A freestanding sign not more than five feet in height that identifies a land use and that is made of brick, masonry, stone, or combination thereof; the bottom of which is seated directly and permanently to the ground and physically separated from any other structure.

[Amended by Ord. No. 3-2001]

SIGN, TEMPORARY

A sign that is used in connection with a circumstance, situation, or event that is either designed, intended, or expected to take place or to be completed within a reasonably short or definite period of time after the erection of such sign, or is intended to remain on the location where it is erected or placed for a continuous period of not more than 15 days unless a longer period is provided for by ordinance. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

[Amended by Ord. No. 15-92]

SIGN, WINDOW

A sign that is attached to the interior of a building or a glass door.

An advisory committee of Board members that may be appointed by the Chairman of the Planning or Zoning Board for the purpose of classifying and considering site plans in accordance with the provisions of the Board and performing such other duties relating to site plans as may be conferred upon it by the Board.

SITE PLAN

A development plan of one or more lots on which is shown:

The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;

The location of all existing and proposed building, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, and screening devices;

The location of all existing and proposed soil erosion and sedimentation control measures;

The location of existing and proposed surface water runoff control measures; and

SOIL EROSION AND SEDIMENT CONTROL PLAN

Any other information that may be reasonably required in order to make an informed determination with regard to application for approval of site plans.

SHRUB

A woody plant, either deciduous or evergreen, which is smaller at maturity than a tree and usually consists of several small stems or small branches near the ground.

[Amended by Ord. No. 03-2001]

SKETCH PLAT

A subdivision plan of sufficient accuracy to be used for the purpose of discussion and classification and further meeting the requirements set forth herein for a sketch plat.

SMALL SHADE TREE

Deciduous tree whose height at maturity is under 30 feet.

[Amended by Ord. No. 06-2001]

SOIL

All unconsolidated mineral and organic material of any origin.

A scheme which indicates land treatment measures, including a schedule of the timing of their installation, to minimize soil erosion and sedimentation before, during and after disturbance.

SOUND LEVEL

The measured level of a sound expressed in dB regarding 0.0002 microbar, obtained using a sound level meter. The sound levels include all factors inherent in measuring with a sound level meter, including microphone frequency response and amplifier characteristics, meter damping, observer effects and weighting networks.

[Amended by Ord. No. 3-80]

SOUND PRESSURE LEVEL

The sound pressure levels in decibels of a sound is twenty times the logarithm of the base 10 of the ratio of the pressure of the sound to the reference sound pressure. Sound pressure level is measured with a sound level meter meeting ANSI-S 1.4 or the latest revision thereof.

[Amended by Ord. No. 3-80]

STANDARDS OF PERFORMANCE

Standards adopted by this chapter pursuant to N.J.S.A. 40:55D-65, regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the Borough of Eatontown; or standards required by applicable federal or state laws or municipal ordinances.

STORY

That portion of a building included between the surface of any floor and the surface of the next floor above it. If there is no floor above it, then the space between the floor and the ceiling next above it. The interior of the roof shall not be considered a ceiling. A half story is the area under a pitched roof at the top of the building, the floor of which is at least four feet but no more than six feet below the plate supporting the rafter ends.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing state, county or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law or (3) which is approved by official action, as provided by this chapter or (4) which is shown on a plat duly filed and recorded in the office of the Clerk of Monmouth County prior to the appointment of the Planning Board and the grant to such Board of the power to review plats or which is shown on the adopted Master Plan or Official Map; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter streets shall be classified as follows:

PRINCIPAL ARTERIAL HIGHWAYS or MAJOR ARTERIAL STREETSThose which are designed for regional high-volume, high-speed through-traffic movements.

MINOR ARTERIAL HIGHWAYS or SECONDARY ARTERIAL STREETSThose designed both for regional traffic and as the arteries between major sections of the Borough.

MAJOR COLLECTOR STREETS or PRIMARY COLLECTOR STREETSThose designed to provide connections between arterial streets, as well as sections of the Borough.

MINOR COLLECTOR STREETS or SECONDARY COLLECTOR STREETSThose which are designed to provide the overall circulation system within the blocks formed by the arterial and primary collector street system.

[Amended by Ord. No. 3-80]

LOCAL COLLECTOR STREETS or MINOR COLLECTOR STREETSThose which are designed to provide circulation within development areas and include the principal access and circulation streets within a development.

(6)

LOCAL STREETS or MINOR STREETSThose which are designed primarily to provide access solely to abutting properties.

(7)

MARGINAL ACCESS STREETS or SERVICE ROADSThose which are immediately adjacent and parallel to arterial streets and are designed to preclude direct access from adjacent properties to the arterial streets.

(8)

CUL-DE-SAC AND DEAD-END STREETSMinor streets with only one outlet.

(9)

ALLEYSRights-of-way which are used primarily for service access to the backs or sides of properties whose fronts are on a street.

(10)

EXISTING AND DEDICATED IMPROVED STREETAs applied to minor subdivision, any dedicated street, avenue, boulevard, road, lane, parkway, viaduct, alley, or other way which is presently maintained by the state, county or municipality, which by reason of its conditions can be traversed at all times of the year by modern motor vehicles and which provides adequate access for fire-fighting equipment, ambulances, and other emergency vehicles necessary for the protection of health and safety.

STREET LINE

A lot line adjacent to the right-of-way of any public street as defined in this chapter, said line delineating the extent of public ownership. Where the Master Plan, or Official Map of the Borough of Eatontown, the County of Monmouth, or the State of New Jersey shall state an intended right-of-way for such location of greater width than presently exists, the line delineating such greater width or right-of-way shall be the applicable street line.

STRUCTURAL ALTERATIONS

Structural alterations means the same as "alterations."

STRUCTURE

Any assembly of materials, above or below the surface of land or water, including, but not limited to, buildings, fences, dams, fills, levees, bulkheads, dikes, jetties, embankments, wharves, piers, docks, landings, obstructions, pipelines, causeways, culverts, roads, railroad, bridges, and the facilities of any utility or governmental agency. Trees or other vegetation shall not be considered to be structures if planted in the flood fringe.

SUBDIVISION

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter, if no new streets are created:

(a)

Divisions of land 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;

(b)

Divisions of property by testamentary or intestate provisions;

(c)

Divisions of property upon court order including but not limited to judgements of foreclosure;

(d)

Consolidation of existing lots by deed or other recorded instrument; and

(e)

The conveyance of one or more adjoining lots, tracts, or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the Borough Municipal Land Use Ordinance and are shown and designated as separate lots, tracts or parcels on the Tax Map of the Borough of Eatontown.

SURFACE WATER RUNOFF CONTROL PLAN

The term "subdivision" shall also include the term "resubdivision."

SUBDIVISION COMMITTEE

An advisory committee of Board members that may be appointed by the Chairman of the Planning or Zoning Board for the purpose of classifying and considering subdivisions in accordance with the provisions of this chapter, making recommendations to the Board and performing such other duties relating to the land subdivisions as may be conferred on it by the Board.

SURFACE WATER

All water standing or flowing upon the surface of the land.

A plan which fully indicates sufficient surface water runoff control measures to effectively minimize surface water runoff damage before, during and after land disturbance.

SWIMMING POOL

Any artificially constructed basin or other structure for the holding of water for swimming and diving and other aquatic sports and recreation. The term "swimming pool" does not include any plastic, canvas, or rubber pool temporarily erected upon the ground with capacity of less than 500 gallons of water or a wading pool with a depth of less than 18 inches.

TOWER

See "wireless telecommunications tower."

[Amended by Ord. No. 8-2000]

TOWNHOUSE

One of three or more attached, single-family dwellings.

TRUCK TERMINAL

A building, premises or land whose principal use involves:

The storage and maintenance of trucks; or