Matawan City Zoning Code
ARTICLE II
Enforcement and Administration
§ 34-4 ENFORCEMENT.
[Ord. No. 98-21 § 304.4]
It shall be the duty of the Zoning Official to administer and enforce the provisions of this chapter.
§ 34-5 DUTIES OF ZONING OFFICIAL.
[Ord. No. 98-21 § 304.5]
a.
It shall be the duty of the Zoning Official to receive and maintain a record of all applications for permits and a record of all permits issued with notation of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Borough Council and other Borough officials. The Zoning Official shall not issue a permit for the construction of any building or for the use of any property unless such building or use conforms to the provisions of this chapter and all other ordinances of the Borough; provided, however, that nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit and the ground story framework of which shall have been completed within six months of the date of the permit and which entire building shall be completed according to such plans as filed within one year from the date of this chapter.
b.
The Zoning Official shall prepare a monthly report for the Borough Council, summarizing for the period since his last previous report all zoning permits issued and certificates countersigned by him and all complaints of violations and the action taken by him consequent thereon. A copy of each such report shall be filed with the Borough Tax Assessor and Unified Planning Board at the same time it is filed with the Borough Council.
c.
Should the Zoning Official be in doubt as to the meaning or intent of any provision of this chapter or as to the location of a zone boundary line on the Zoning Map, or as to the propriety of issuing a zoning or building permit or occupancy permit in a particular case, he shall appeal the matter to the Unified Planning Board for interpretation and decision.
§ 34-6 ZONING PERMITS.
[Ord. No. 98-21 § 304.6]
Zoning permits shall be secured from the Zoning Official prior to construction, erection or alteration of any building or part of the building involving a construction or value in excess of $100 and for any change in the use of land. All requests for zoning permits shall be made in writing by the owner or his authorized agent on a form to be supplied by the Zoning Official and shall include a statement of the use or intended use of the building or land and shall be accompanied by a plan which shall be prepared and submitted in accordance with the standards established by Article III, Site Plan Review, of this chapter. Zoning permits shall be issued within 45 days of application and shall have a one year life. These may be renewed annually with approval by the Unified Planning Board and without the payment of additional fees for a period not to exceed three years.
§ 34-7 OCCUPANCY PERMITS.
[Ord. No. 98-21 § 304.7]
a.
No land shall be occupied or used, in whole or in part, and no building hereinafter constructed, erected or altered shall be occupied or used, in whole or in part, for any use whatsoever, until an occupancy permit has been issued by the Construction Official certifying that the use and building, if any, comply with the provisions of this chapter. In addition, no land shall be reoccupied or reused, in whole or in part, and no building shall be reoccupied or reused, in whole or in part, for any use whatsoever until an occupancy permit has been issued by the Construction Official certifying that the proposed use complies with the provisions of this chapter.
b.
Occupancy permits shall be granted or denied within 10 days from date of written application therefor.
c.
An occupancy permit issued in accordance with the State Uniform Construction Code shall satisfy also the purposes of this chapter.
d.
Upon receiving an application for an occupancy permit, the Construction Official shall refer the application to the Health Official or an officer designated by it where sanitary sewers and/or public water is not available and to the Fire Official and shall not issue the requested occupancy permit until he has received certification from the Health Official or an officer designated, where required, that the use and building, if any, comply with all ordinances and regulations of the County Health Offices and a certification from the Fire Department that the use and building, if any, comply with the New Jersey Uniform Fire Safety Code.
e.
An occupancy permit shall be required whenever a use variance is granted.
§ 34-8 APPLICATION FEES. [1]
[Ord. No. 98-21 § 304-8; amended 6-9-2022 by Ord. No. 22-05]
The applicant shall, at the time of permit application in the Construction Department, pay the following nonrefundable fees to the Township of Aberdeen by cash, certified check, bank money order or check.
a.
Zoning permits:
1.
All zoning permit fees shall be $65.*
A single-family dwelling where there was no dwelling prior or grade changes substantially. A $1,500 escrow is to be posted with the Borough of Matawan Municipal Clerk for the purpose of review of topographic survey, and inspections of the site. The unused portion will be returned to the applicant; however, additional escrow may have to be posted as to the extent and required inspections. |
*A $1,500 escrow to be posted to the Borough of Matawan Municipal Clerk for the purpose of review of topographic survey, and inspection of the site. The unused portion will be returned to the applicant; however, additional escrow may have to be posted as to the extent and required inspections. |
h.
Conditional use permit: $200.00.
j.
Informal submissions: $50.00 per hearing.
k.
Inspection fees for on-site and off-site improvements.
1.
When any development proposal approved by the Unified Planning Board includes the construction of on-site or off-site improvements, the developer, owner or applicant shall post with the Borough Clerk a performance bond in the amount estimated by the Unified Planning Board Engineer. Said bond shall be for 120% of the estimated cost of the improvements. The developer, owner or applicant shall also post with the Borough Clerk cash or a certified check in the amount of 10% of the estimated cost of improvements. Said moneys shall be placed in an escrow account to be drawn against by the Borough Engineer for his required construction, administration and inspection fees. The required performance bond, cash bond and inspection fees shall be posted with the Borough Clerk prior to the issuance of any building permits or the commencement of any construction. Any inspection fee escrow account residual shall be returned to the developer at the time of the maintenance bond release.
2.
The minimum inspection fee shall be $300.
§ 34-9 ESCROW DEPOSITS. [1]
[Ord. No. 98-21 § 304.9; Ord. No. 06-12]
a.
Escrow fees are required to be deposited in an escrow account in accordance with the provisions of this section. Such escrow fees shall be utilized to pay the cost of any professional fees incurred for review of and/or testimony concerning an application for development. Subject to provisions of paragraph a3 below, each applicant shall, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law, submit the following sum(s) to be held in escrow in accordance with N.J.S.A. 40:55D-1 et seq. the provisions hereof:
2.
Site Plan Applications. Fees shall be in addition to any fees for required variances.
(b)
Nonresidential site plan:
(1)
With principal building at least 1,000 square feet of gross floor area:
Square Feet Gross Floor Area | Fee |
|---|---|
1,000 to 2,500 | $ 2,500.00 |
2,501 to 5,000 | 3,500.00 |
5,001 to 10,000 | 5,000.00 |
10,001 to 15,000 | 6,000.00 |
15,001 to 20,000 | 8,000.00 |
20,001 to 25,000 | 10,000.00 |
Over 25,000 | 12,500.00 |
(2)
With principal building less than 1,000 square feet gross floor area:
Lot Area (acres) | Fee |
|---|---|
Up to one | $2,500.00 |
1 to 5 | 3,500.00 |
5 to 10 | 4,000.00 |
Over 10 | 5,000.00 |
(3)
Final approval: 20% of preliminary approval's escrow fee or a minimum of $1,000.00, whichever is greater.
3.
Subdivision Applications. Fees shall be in addition to any required variances.
4.
Request for Rezoning. Any applicant seeking a rezoning of property shall deposit a $1,500.00 escrow fee.
5.
Completeness review: $250.00.
b.
Within 45 days after the filing of an application for development, the Unified Planning Board may review the application to determine whether the escrow amount set forth above is adequate. In conducting such review, the Board shall consider the following criteria:
1.
The presence or absence of public water and/or sewer servicing the site.
2.
Environmental considerations, including but not limited to geological hydrological and ecological factors.
3.
Traffic impact of the proposed development.
4.
Impact of the proposed development on existing aquifer and/or water quality.
c.
Upon completion of the review and within the 45 day period, the Board shall adopt a resolution specifying whether the escrow amount specified above is sufficient, excessive or insufficient. In the event that the Board shall determine that the amount is excessive, it shall in the resolution, specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted. In the event the Board shall determine the amount specified above insufficient, it shall so specify and shall further set forth the amount required to be posted in light of the criteria specified herein.
d.
Where an escrow deposit is required, no application for development shall be deemed complete until the applicant has posted with the Borough the escrow deposit amount determined in accordance with the provisions above.
e.
All such escrow funds shall be utilized by the Board to pay the cost of any professional fees incurred by the Board for review and/or testimony in connection with the particular application for development. All sums not actually so expended shall be refunded to the applicant within 60 days after the final determination by the appropriate Board with respect to the application.
f.
The escrow deposit shall be deposited by the Borough in an interest-bearing account pending completion and review of the application. In the event that a refund is to be made to the applicant, interest earned shall be included in the refund.
g.
Findings. The Borough Council (the Council) of the Borough of Matawan (the Borough) finds that applications for development require that the various Borough professionals review such applications. The Council also finds that the developer should bear the responsibility of such costs and not the Borough. Further, the Council finds that a lien should be placed on the property which is the subject of the development to provide for any deficiency.
h.
Regulation.
1.
General Requirements.
(a)
In addition to the submission of application filing fees, which are charged to cover general Borough administrative costs, as set forth hereinabove, development applications which meet the criteria established herein shall be accompanied by a deposit of escrow funds in accordance with the provisions of this section and the execution by the applicant and owner of the real property which is the subject of the development of a consent to and a waiver of any defenses to the placement of a lien or a municipal lien for the cost of any professional and nonprofessional services herein described and not fully provided for by the escrow deposit.
(b)
The escrow funds shall be utilized to cover the municipal costs of professional and nonprofessional services incurred during the development review process. Professional and nonprofessional fees and salaries incurred in connection with review of plans, consultation, site inspections, written report and resolution preparation, meeting attendance, general preparation, research, testimony and other work performed by the Board Planner, Board Attorney, Municipal Engineer and other professional consulting services as may be required due to the nature of the applications shall be paid from escrow funds. Escrow fees shall not be utilized to pay inspection costs required during the construction process.
2.
Procedural Requirements.
(a)
An applicant appearing before the Unified Planning Board, Site Plan Committee or other Review Committees shall deposit all escrow funds, and the applicant and owner of the subject real property shall execute the consent and waiver, both as previously described herein, before the applicant's appearances before that committee. No meeting or hearing with the applicant shall be held by said boards or committees until all escrow funds, required fees, consents and waivers have been deposited and executed, respectively, in accordance with this section. The escrow sums shall be in the form of cash, certified check or money order. All deposits of escrow funds shall be made to the Borough Administrative Official.
(b)
Additional escrow funds may be required when the escrow has been depleted to 20% of the original escrow amount. The Borough shall notify the appropriate board when escrow funds have been so depleted. Professionals and nonprofessionals being paid from escrow funds shall notify the Board or other review committee as to additional costs anticipated to be incurred. The Board or other review committee shall not take any further action on the application until adequate additional fees have been deposited by the applicant with the Borough.
(c)
Escrow deposits shall be placed in an interest-bearing account and the same shall be administered in accordance with the requirements of N.J.S.A. 40:55D-53.1.
(d)
All disbursements to consulting professionals and applicable charges from Borough-employed professionals and nonprofessionals for services involved in processing an application which requires the deposit of escrow funds shall be charged against the escrow account.
(e)
All bills submitted by consulting professionals, relative to said applications, shall specify the services performed for individual applications and the time expended relative thereto. The bills shall also set forth the hourly billing amount which will be the amount charged to the Borough pursuant to the consultant's contract.
(f)
All charges by Borough-employed professionals and nonprofessionals enumerated hereinbelow shall specify the services performed for individual applications and the time expended relative thereto. The hourly billing rate for the Borough-employed professionals and nonprofessionals shall be 1/35 of their weekly compensation, plus 30% to reimburse the Borough for the benefits supplied to that employee.
(g)
The Borough shall provide the applicant with an accounting of escrow funds within 90 days after the Board has taken action on the application.
(h)
All sums not actually expended shall be refunded to the applicant within 90 days after the Board has taken action on the application.
(i)
No resolution approving any development application which is subject hereto shall be passed by the Unified Planning Board until all fees and escrow sums required hereunder have been paid in full.
(j)
Any charges or fees for consulting professionals or Borough-employed professionals and nonprofessionals enumerated above which remain unpaid shall be assessed against and become a lien on the subject property pursuant to N.J.S.A. 54:5-7 and 54:5-8 and/or N.J.S.A. 2A:44-66 and shall be enforced pursuant to the provisions of N.J.S.A. 54:5-18.6 and/or N.J.S.A. 2A:44-97 and 2A:44-98.