Eatontown City Zoning Code
ARTICLE V
Application, Review and Approval Procedures
§ 89-13 Applications not involving subdivision, site plan, or conditional use approval.
A.
All applications for development not involving subdivision, site plan or conditional use approval shall be made to the Construction Official on forms supplied by him.
B.
The Construction Official shall keep a numbering system for all applications submitted to him.
C.
No building permit issued by the Construction Official shall be deemed to authorize the doing of any work to either land or buildings or any construction or work of any kind unless and until said permit is endorsed with a zoning permit signed by the Zoning Officer.
§ 89-14 All other applications for development.
A.
All applications for development other than those specified in § 89-13A shall be made upon forms provided by and filed with the Administrative Secretary which amongst all other requirements shall include the Complete Streets Checklists approved by § 7-101E of the Borough Code.
[Amended 5-22-2024 by Ord. No. 06-2024]
B.
Time of application. All applications for development made to the Administrative Secretary shall be filed not less than 15 days prior to the meeting at which the initial consideration of the application is requested.
C.
Completeness of application. No application shall be acted upon unless and until it is complete in every respect, including necessary supporting data, papers, certifications, plans and fees.
D.
Placement on the agenda.
(1)
Upon the receipt of an application, the Administrative Secretary shall send a copy of the application and any accompanying plat to the Borough Engineer and Zoning Officer, together with a request for a written report within 10 days as to whether the application is complete and, if not, the nature of the incompleteness; the Administrative Secretary shall also, at the same time, request the Zoning Officer to include in his report a list of all required variances. The Administrative Secretary shall place the application upon the appropriate Board's agenda, advise the Board of the date of submission of the application, of all required variances and whether, in his opinion, the application is complete, and, if not, he shall specify the nature of the incompleteness and notify the applicant thereof at the same time by certified mail.
(2)
If the application involves a major subdivision or a site plan, the Administrative Secretary shall, at the same time when he/she places it on the agenda, send or circulate copies of the plat (and other details of the application as he/she deems necessary) to the following municipal officers and agencies (or to those as the Board shall require) with a request that they promptly report their recommendations or comments, in writing, to the Planning Board or Zoning Board of Adjustment, whichever is appropriate:
[Amended 11-7-2019 by Ord. No. 24-2019]
(a)
Borough Engineer.
(b)
Planner.
(c)
County Planning Board.
(d)
Police Department.
(e)
Traffic Advisory Board.
(f)
Fire Department.
(g)
First Aid Department.
(h)
Sewerage Authority.
(i)
Board of Health.
(j)
Environmental Commission.
(k)
Shade Tree Commission.
(l)
Recreation Committee.
(m)
Historical Preservation Committee.
(n)
Construction Official.
(o)
Tax Assessor.
(p)
Postmaster.
(q)
Freehold Soil Conservation.
(3)
If the application involves a conditional use permit in the floodplain zone, the Administrative Secretary shall, at the same time as he places it on the agenda of the Planning Board, send or circulate copies of the application and all supporting data to the following with a request that they promptly report their recommendations in writing to the Board:
(4)
Referral to the Historical Committee.
[Added 6-23-2021 by Ord. No. 11-2021]
(a)
The Planning Board and Zoning Board of Adjustment shall refer to the Historical Committee every application for development submitted to either Board for development involving historic sites identified in the Borough’s Historic Preservation Element of the Master Plan, as amended. This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner. Failure to refer an application as required shall not invalidate any hearing or proceeding. The Historical Committee may provide its advice on said application, through oral testimony at the hearing and/or through written report(s) that the Committee may have provided to the Board concerning the proposed application.
(b)
On all matters referred to the Historical Committee which require approval by the Planning Board or Zoning Board of Adjustment, the recommendations of the Committee shall be advisory only.
E.
Each application shall be assigned a number by the Administrative Secretary upon submittal by the applicant. He shall keep a separate numbering system for each board.
§ 89-15 Application details.
A.
Required documents. The following shall be required for an application to be complete:
(1)
A completed application for development form as provided to the applicant by the Administrative Secretary, which shall include amongst all other requirements the Complete Streets Checklists approved and set forth at § 7-101E of the Borough Code. Each and every item on the form will be filled in using "none" or "not applicable" where appropriate.
[Amended 5-22-2024 by Ord. No. 06-2024]
(2)
A key map showing the location of the proposed development within the municipality. This map may be included on other required map sheets where appropriate and shall include sufficient geographic area to orient the location to major roads of the municipality.
(3)
One or more plans or maps showing the full particulars of the existing and the proposed development including all improvements, structures, utilities, subdivision, resubdivision, grading, clearing or other changes proposed to existing conditions and meeting requirements for the type of application being submitted as required by Article X of this chapter.
(4)
Any supplementary statements (in writing) deemed necessary to augment the application form to explain the full particulars and operating characteristics of the proposed development.
(5)
Certification that tax payments are current.
(6)
Proof of submittal of a copy of the application to the County Planning Board and/or New Jersey Department of Transportation where required.
(8)
Any additional matters required for the specific application as set forth in Article X of this chapter.
(9)
Six copies of items in Subsection A(1), (2), and (4) shall be submitted; one copy of items in Subsection A(5) and (6) shall be submitted. As to Subsection A(3) above, there shall be submitted as many copies as are required for the particular type of application being submitted in accordance with the requirements of Article X of this chapter.
§ 89-16 Review procedure.
A.
Initial action. Upon an application coming before either board, the board shall first determine whether it has jurisdiction of the application. If it determines it does not have jurisdiction it shall dismiss the application without prejudice. If it determines it has jurisdiction it shall next determine whether the application is complete. If it determines that the application is incomplete, it shall advise the applicant to that effect in writing through its administrative secretary within 45 days of the date of the submission of the application and shall specify the deficiencies; and it shall either require the applicant to submit an amended or revised application to the administrative secretary, or to supply specific additional data or documents to the board to remedy said deficiencies. The board may, whenever it deems necessary or whenever it receives a recommendation to do so from the Environmental Commission, require the applicant to submit an environmental impact statement.
[Amended by Ord. No. 3-80]
(1)
If the application is deemed complete and involves an application to the Planning Board for a certificate of approval or certificate of appropriateness relating to the Historical District, the Planning Board shall schedule the matter for hearing, and advise the applicant of the date of the hearing. On the date set for hearing the Planning Board shall proceed to consider the matter in accordance with the requirements concerning such certificates set forth in the regulations pertaining to the Historical District in Article VII of this chapter and shall render its decision within 60 days of the date of the application.
(2)
If the application is deemed complete and involves any matter other than a certificate of approval or certificate of appropriateness with reference to the Historical District, the Board shall schedule the matter for hearing, advise the applicant of the date of the hearing, and further, when empowered to do so by this chapter, advise him as to whether or not it waives the applicant's giving of public notice and of the other notices required by § 89-7I(3) of this chapter. The Board shall, at the same time, refer any subdivision application to its Subdivision Committee, requesting a report prior to the date set for hearing and refer any site plan application to its Site and Design Committee, if any, for the same purpose. On the date set for hearing the Board shall proceed to consider the matter in accordance with the following sections.
(3)
During the course of its review, the Board may require such additional information not specified in the ordinance, or any revisions in the documents accompanying the application, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met; but the application shall not be deemed incomplete for lack of any such additional information or revisions in the accompanying documents so required by the Board.
B.
Subdivision, site plan applications and conditional uses to Planning Board.
(1)
Final approval in the case of minor subdivision or minor site plan and preliminary approval in the case of major subdivisions of 10 or fewer lots and in the case of site plans of 10 acres of land or less and 10 dwelling units or less shall be granted or denied within 45 days from the date an application is determined to be complete or within such further time as may be consented to by the applicant. Otherwise the Planning Board shall be deemed to have given approval. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law,[1] or a deed clearly describing the approved minor subdivision, is filed by the developer with the County Clerk and the Municipal Tax Assessor. Copies filed with the Tax Assessor must show proof of filing with the County Clerk. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval; provided that the approved minor subdivision shall have been duly filed or recorded as provided for in Article X.
[Amended by Ord. No. 11-79; by Ord. No. 3-80]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
Preliminary approval in the case of major subdivisions of more than 10 lots and in the case of site plans for conventional developments of more than 10 acres or more than 10 dwelling units shall be granted or denied within 95 days from the date an application is determined to be complete, or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the subdivision plat or site plan.
[Amended by Ord. No. 11-79; Ord. No. 3-80]
(a)
In the event preliminary approval of a subdivision, or site plan is denied because of failure to comply with municipal development regulations, a notation to that effect, together with the signature of the Secretary of the Planning Board shall be placed on the plat and reasons for the denial shall be stated in the denial resolution.
(b)
Preliminary approval of a major subdivision or site plan shall be granted by resolution which shall set forth any conditions that must be met, including required performance guarantees, and plat changes that must be made precedent to final action. A notation indicating preliminary approval shall be placed on each plat, said notation to clearly state that preliminary approval does not authorize recording in the case of a subdivision nor the issuance of a building permit in the case of a site plan.
(c)
Preliminary approval of a subdivision plat or site plan shall confer upon the developer all rights set forth in N.J.S.A. 40:55D-49 for a period of three years from the date of preliminary approval:
[1]
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41; except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
[2]
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
[3]
That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
(d)
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board, or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
(3)
Final approval of site plans and major subdivisions.
(a)
Final approval of a major subdivision or site plan shall be granted only after all requirements and conditions imposed at the time of preliminary approval have been complied with.
(b)
An application for final approval shall be granted or denied within 45 days from the date it is determined to be complete, or within such further time as may be consented to by the applicant. Otherwise, the Planning Board shall be deemed to have granted final approval and a certificate of the Planning Board Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless, within such period, the plat shall have been duly filed by the developer with the County Clerk. The Planning Board, for good cause shown, may extend the period for recording for an additional period, not to exceed 190 days from the date of signing of the plat.
(c)
Final approval of a major subdivision or site plan shall confer upon the developer all rights set forth in N.J.S.A. 40:55D-52 as follows:
[1]
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within 190 days of approval. If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
[2]
In the case of a subdivision or site plan for an industrial park, commercial park, or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in the preceding Subsection B(3)(c)[1] of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration: the number of dwelling units and nonresidential floor area permissible under final approval; economic conditions; and the comprehensiveness of the development and plans for staging of development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration: the number of dwelling units and nonresidential floor area permissible under final approval; the number of dwelling units and nonresidential floor area remaining to be developed; economic conditions; and the comprehensiveness of the development.
(4)
Conditional use. Conditional uses shall be granted by the Planning Board on the basis of the requirement and standards for those uses set forth in the regulations for the particular zone of the Zoning Ordinance (Article VII of this chapter) where they are allowed. Approval of a conditional use shall be granted or denied within 95 days from the date that the application for it is determined to be complete or within such further time as may be consented to by the developer. Otherwise the Planning Board shall be deemed to have granted final approval and a certificate of the Administrative Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant.
(5)
Whenever the Planning Board is called upon to exercise its ancillary powers, under N.J.S.A. 40:55D-60, before the granting of an application for approval of a subdivision plat, site plan or conditional use, the Planning Board shall grant or deny approval of the application within 95 days after submission by the developer of a complete application as provided in this chapter or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Secretary as to the failure of the Planning Board to act shall be issued on request of the applicant.
C.
Additional Historical Committee review required.
[Added 12-7-2022 by Ord. No. 19-2022]
(1)
No person shall engage or cause other persons to engage in any regulated activity as defined in § 89-44F on an historical site or structure or within an Historic District until such person shall have applied for and received a certificate of approval or certificate of appropriateness from the Planning Board and applied for and received a development permit from the Zoning Officer.
(2)
It shall be the duty and responsibility of the Administrative Officer (Zoning Officer) to refer all applications for issuance of permits pertaining to regulated activities on an historic site or structure or within an Historic District as set forth in § 89-44F to the Historical Committee for a written report on the application of the Zoning Ordinance provisions concerning historic preservation to any of those aspects of the change proposed, which aspects were not determined by approval of an application for development by a municipal agency pursuant to the Municipal Land Use Law, P.L. 1975 c. 291. The Historical Committee shall submit its written report to the Administrative Officer (Zoning Officer) and shall send a copy of the report to the applicant within 45 days of its referral to the Committee. If within the forty-five-day period the Historical Committee recommends against the issuance of a permit or recommends conditions to the permit to be issued, the Administrative Officer (Zoning Officer) shall deny issuance of the permit or include the conditions in the permit. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.
(3)
Applications for development which are in an Historic District or on an historic site or structure and require approval by the Planning Board or Board of Adjustment shall be referred by the Administrative Officer (Zoning Officer) directly to the appropriate board. The board shall forward a copy of the complete application to the Historical Committee at least 14 days prior to the hearing. Failure to forward the copy shall not invalidate any hearing or proceeding. The Historical Committee may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.
(4)
The Historical Committee review shall not be required when an historic site or structure requires immediate emergency repair to preserve the continued habitability of the landmark and/or the health and safety of its occupants or others. Emergency repairs may be performed in accordance with Borough codes, without the necessity of first obtaining the Historical Committee's review. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the historic landmark, or others, and/or to maintain the habitability of the structure. A request for the Committee's review shall be made as soon as possible, and no further work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this chapter. All work done under this section shall conform to the criteria set forth in § 89-44.
D.
Where an application for development is found by the Administrative Officer (Zoning Officer) to require Historical Committee review pursuant to this section, the applicant shall be required to submit an application for a certificate of appropriateness to the Administrative Officer (Zoning Officer). As part of this application, the Historical Committee may require the submission of such materials as are reasonably required for it to render a decision on the application. This application shall accompany the application for development when it is referred to the Historical Committee for review and must be complete in order to be considered. The Historical Committee shall advise the applicant in writing of the time, date, and place of the meeting at which the matter will be reviewed at least three days prior to the meeting. The Historical Committee may advise other interested parties of the meeting and may publish notices of the meeting in the newspaper. The applicant shall not be required to appear or to be represented at the meeting. The applicant may appear at the meeting and may submit additional information if he so chooses.
[Added 12-7-2022 by Ord. No. 19-2022]
E.
Time limit and effect of certificate of appropriateness. A certificate of appropriateness shall confer upon the applicant the right that the general terms and conditions upon which the certificate was granted shall not be changed for one year. Any certificate hereafter granted shall expire by limitation unless the approved activity has commenced within one year of the date of the certificate. The Historical Committee may extend the time period. Where other approvals or permits are required pursuant to this chapter, the certificate of appropriateness shall be valid for the life of those approvals or permits or extensions thereof.
[Added 12-7-2022 by Ord. No. 19-2022]
§ 89-17 Appeals to Zoning Board of Adjustment.
A.
Appeals to the Board of Adjustment may be taken by any person grieved or by any officer, department, board or bureau of the municipality affected by any decision of the Zoning Officer. Such appeal shall be taken within the twenty-day period prescribed by the statute by filing a notice of appeal with the officer from whom the appeal was taken, together with six copies of said notice for the Administrative Secretary. Said notice of appeal shall specify the grounds for said appeal. The Zoning Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. The Administrative Secretary shall place the matter on the agenda of the next meeting of the Zoning Board.
[Amended by Ord. No. 3-80]
B.
An appeal stays all proceedings in the furtherance of the action in respect of which the decision appealed from was made unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order of the Superior Court of New Jersey upon notice to the officer from whom the appeal is taken and on due cause shown.
C.
Applications addressed to the original jurisdiction of the Zoning Board without prior application to the Zoning Officer may be filed with the Administrative Secretary.
D.
Power to reverse or modify decisions. In exercising the above-mentioned power, the Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq. or amendments thereto or subsequent statutes applying, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made and to that end have all the powers of the Zoning Officer from whom the appeal was taken.
E.
Time for decision. The Board of Adjustment shall render its decision not later than 120 days after the date (a) an appeal is taken from the decision of a Zoning Officer; or (b) the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b. Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
§ 89-17.1 Requirement for applicants for building permits.
[Added 12-5-2012 by Ord. No. 33-2012]
All applicants for a building permit shall supply measurements on a current survey or plot sufficient for the Zoning Officer to determine compliance with the impervious coverage requirements for the entire lot and the front yard.
§ 89-17.2 Expiration of land use approvals.
[Added 12-18-2024 by Ord. No. 26-2024]
A.
Expiration of variances. Any variance granted by the Zoning Board or Planning Board pursuant to N.J.S.A. 40:55D-70c or d and/or N.J.S.A. 40:55D-60 from the terms of the Eatontown Land Use Ordinance, Chapter 89, without a related subdivision or site plan approval, permitting the erection or alteration of any structure or structures or permitting a specified use of any premises, shall expire by limitation unless substantial construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such use has actually been commenced, within one year from the date of the resolution of approval of the Zoning Board or Planning Board. If the variances were granted as part of a site plan or subdivision approval, then the variances shall expire along with the site plan or subdivision approval in accordance with Subsection B below; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the Borough Council, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
B.
Expiration of final site plan and subdivision. Final site plan and subdivision approvals by the Zoning Board or Planning Board subject to N.J.S.A. 40:55D-52a and/or N.J.S.A. 40:55D-46.1 shall expire by limitation after two years, unless building permits have been obtained and/or substantial construction or alteration shall have been commenced, or in the case of a subdivision, that the plat or subdivision deed has been filed within the time required by N.J.S.A. 40:55D-52a and/or N.J.S.A. 40:55D-47. However, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board to the governing body, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
C.
Expiration of preliminary site plan approval. Preliminary approvals of major site plan and subdivision applications by the Zoning Board and Planning Board shall expire by limitation three years from the date of adoption of the resolution of approval if an application for final approval has not been filed with the applicable board. Nothing contained herein shall prevent an applicant from requesting an extension of preliminary approval at the same time as the application for final approval is made. The Board shall have the discretion to consider the extension of the preliminary approval first as a threshold question to proceed with the application for final, or to consider both applications simultaneously.
D.
Extension of land use approvals. Nothing contained herein shall limit the ability of the Zoning Board or Planning Board to grant extensions of variances, and preliminary or final site plan and/or subdivision approvals as provided for in the Municipal Land Use Law upon proper application to the applicable Board by the applicant or property owner.