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