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Borough of Matawan, NJ
Monmouth County
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Table of Contents
Table of Contents
[1971 Code § 2-26.1; deleted by Ord. No. 2014-13]
[1971 Code § 2-26.2; deleted by Ord. No. 2014-13]
[1971 Code § 2-26.3; deleted by Ord. No. 2014-13]
[1971 Code § 2-26.4; New; Ord. No. 2014-13]
As a condition for the issuance of any license, permit, or certificate requiring approval of the Borough, the owner or applicant shall pay any delinquent property taxes or utility bills on property that is the subject for the following approvals:
a. 
Permits required pursuant to the Uniform Commercial Code;
b. 
Soil removal permits;
c. 
Tree removal permits;
d. 
Junk-dealer licenses;
e. 
Certificates of Occupancy required; however, if a Certificate of Occupancy is needed for closing of title, a conditional, temporary Certificate of Occupancy may be issued upon delivery of executed contracts for the sale of the property to the Borough Clerk. The Conditional, Temporary Certificate of Occupancy shall be contingent upon the payment of all taxes at the time of closing of title. If not paid within 10 days after closing, the Conditional, Temporary Certificate of Occupancy shall be deemed revoked;
f. 
Food service licensing;
g. 
Animal or dog pound licenses;
h. 
Amusement licenses;
i. 
Nursing home licenses.
[1971 Code § 2-28]
The interest rates as adopted by N.J.S.A. 54:4-67 be adopted by the Borough of Matawan are as follows:
8% on the first $1,500.00.
18% on the excess of $1,500.00.
24% on the amounts over $10,000.00.
[1971 Code § 2-24.1]
No insurance company authorized to issue fire insurance policies in the State of New Jersey shall pay to a claimant any claim in excess of $2,500 for fire damages on any real property located within the Borough pursuant to any fire insurance policy issued or renewed after the adoption of this section and the filing of this section with the State Commissioner of Insurance, until such time as:
a. 
All taxes and assessments and all other municipal liens or charges due and payable appearing on the official certificate of search for municipal liens pursuant to N.J.S.A. 54:5-12 shall have been paid either by the owner of such real property or by the insurance company; or
b. 
The Borough submits to the insurance company a copy of a resolution adopted pursuant to subsection 2-59.2, provided, however, that if an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall withhold 75% of the full amount of the lien or charge being contested pending termination of all proceedings.
[1971 Code § 2-24.2]
The Borough Council may, by resolution, enter into an agreement with the owner of any fire-damaged property situated in the Borough to pay in full all delinquent taxes, assessments or other municipal liens by installments pursuant to N.J.S.A. 54:5-19 or for the redemption of a tax sale lien by installment payments pursuant to N.J.S.A. 54:5-7 if the Council is satisfied that the claim for fire damages is to be used to restore or improve the fire damaged property.
In the event of such a Resolution, a certified copy of the Resolution shall be sent to the insurance company authorizing the insurance company to make full payment on the claim to the insured.
[1971 Code § 2-24.3]
Notwithstanding the provisions of subsection 2-59.1, an insurance company may pay proceeds of a fire insurance policy to a mortgagee of fire damaged real property where the fire insurance policy at the time of the loss listed the mortgagee as a named insured; provided the payment may not be in an amount which exceeds that due and payable to the mortgagee under the mortgage contract.
[Ord. No. 98-26]
No person, entity or contractor shall perform any services, work or activity on or any real property or structures of any kind which is owned by the Borough without express authorization from the Mayor and Council.
This section shall not apply to full or part-time paid employees of the Borough acting in the ordinary course of their duties.
[Ord. No. 98-36]
The Borough of Matawan currently provides water service and sewer service to properties located within municipalities outside of the territorial boundaries of the Borough and the Borough of Matawan was formerly under a bulk sales agreement with the Township of Aberdeen for the purchase of water by the Township of Aberdeen from the Borough of Matawan for resale by the Township of Aberdeen to its residents.
The rate at which the bulk sale purchases are to be accomplished is currently under negotiations between the Borough of Matawan and the Township of Aberdeen and the Mayor and Council of the Borough of Matawan are desirous of establishing a requirement whereby any service or providing of products by the Borough of Matawan to properties outside its territorial boundaries shall only be accomplished with the specific approval of the Mayor and Council of the Borough of Matawan.
[Ord. No. 98-36]
No municipal service or municipal product shall be provided to any premises or property located outside the territorial boundaries of the Borough of Matawan without the specific approval of the Mayor and Council of the Borough of Matawan.
Any party or entity requesting the providing of service or production from the Borough of Matawan shall be obligated to make a formal request for said service or product to the Mayor and Council of the Borough of Matawan and any such service or product shall not be provided until such time as the Mayor and Council of the Borough of Matawan approves of same by resolution.
[Ord. No. 97-15; Preamble; § 1; Ord. No. 12-11; amended 4-7-2020 by Ord. No. 20-04]
a. 
All primary contractors performing construction within the Borough of Matawan shall use Matawan Borough police officers on special duty assignment when it shall be necessary for performance of traffic control duties;
b. 
Prior to requiring special duty services, the contractor will provide the Borough, via their contracted service provider, with the following information:
1. 
Description of project and special duty assignment;
2. 
Number of officers required;
3. 
Date from and to that an officer will be required;
4. 
Time from and to that an officer will be required;
5. 
Location of assignment;
6. 
Project contractor if other than contractor calling for special duty assignments;
7. 
Company contact person; and
8. 
Telephone and fax number or email of company contact person.
c. 
The contractor shall pay for services rendered as follows:
1. 
Police officer hourly rate: The prevailing hourly overtime rate of a Sergeant in accordance with the Collective Bargaining Agreement between Matawan PBA Local #179 and the Borough of Matawan.
2. 
Police vehicle fee: $5 per hour per vehicle assigned to a police special duty assignment.
3. 
Administrative fee: $12 per hour for each police special duty assignment.
4. 
Other fee: A percentage set by the approved contracted third-party vendor responsible for administering all police special duty assignments for the Borough of Matawan and the Matawan Police Department.
5. 
The vehicle fee can be waived upon approval of the Chief of Police if the vehicle is deemed not to be actively used in the performance of the special duty assignment and was used solely as a means of transportation.
(a) 
In the absence of the availability of any Matawan Borough police officer to undertake special duty assignment for traffic control duty at construction sites, the Chief of Police may, at his/her discretion, assign a Class II special law enforcement officer to undertake the traffic control duties.
d. 
Any police officer assigned to special duty assignment shall not be considered as an employee or agent of the contractor.
e. 
Contractors requiring the duty of police officers for special duty assignment shall conform to those requirements as set forth by the Borough and its contracted third-party vendor.
NOTE: The reference to police officers in this section shall include Class II special police officers as clarified by § 2-62.2d(1).
[Ord. No. 03-18, Preamble]
The State of New Jersey has recognized the need to increase the incentives for persons to volunteer their time and efforts in volunteer firefighting, which activities have a long history and tradition of providing essential services to many municipalities in this State, by recently enacting the "Emergency Services Volunteer Length of Service Award Program Act;" and the Borough of Matawan has one of the finest Volunteer Fire Departments in the United States.
The Mayor and Council recognizes the personal commitment and time involved in the training and response to calls required by these volunteers, and deems it appropriate and necessary to act to ensure retention of existing members and to provide incentives for recruiting new volunteer Firefighters for the Borough of Matawan Volunteer Fire Department. The Borough of Matawan has determined that the creation of a Length of Service Awards Program will enhance the ability of the Borough and the Volunteer Fire Department to both retain existing members and recruit new Volunteer Firefighters.
[Ord. No. 03-18 § 1]
a. 
A Length of Service Awards Program (LOSAP) is herewith created in accordance with N.J.S.A. 40A:14-183 et seq., to reward members of the Borough of Matawan Volunteer Fire Department for their loyal, diligent and devoted service to the residents of the Borough of Matawan.
b. 
The LOSAP shall provide for fixed annual contributions to be made by the Borough annually to a tax deferred income account for each volunteer member whom the Borough determines meets the annual eligibility criteria set forth below; that such contributions shall be made in accordance with a plan that shall be established by the Borough of Matawan pursuant to the Act; and that such plan shall be administered in accordance with the laws of the State of New Jersey, the U.S. Internal Revenue Code, and this section.
c. 
The LOSAP shall provide for annual contributions from the Borough for each eligible member broken down as follows:
Points Accrued
Borough Annual Contributions
80
$1,150.00
60
750.00
40
500.00
The Governing Body reserves the right to amend the Point System and contribution.
d. 
The estimated annual cost of this program shall be based on 125 members for a total cost of $100,000.
e. 
Each active volunteer member shall accrue and be credited with points, to be totaled on an annual basis per calendar year, for volunteer services provided as per the Borough of Matawan's LOSAP Point System Schedules set forth herein as part of this section. The Fire Department shall at the conclusion of each calendar year provide a list and recommendation as to the members achieving the required Points of Service. The Governing Body will thereafter make the determination to the members on the list as to compliance with the eligibility for each calendar year.
[Ord. No. 03-18 Schedule; Ord. No. 07-28 Schedule A]
LOSAP Point Schedule
Point Payout Scale
$1,150 per year
80 Points
$ 750 per year
60 Points
$ 500 per year
40 Points
Longevity (10 years plus)
Per year
1 Point
Fire Calls (max 25 points)
60 Percent
50 Points
50 Percent
45 Points
40 Percent
40 Points
30 Percent
35 Points
20 Percent
30 Points
Drills (max 24 points)
Company Drills (per drill)
2 Points
Department Drills (per drill)
2 Points
Meetings (max 20 points)
Company Meeting
1 Point
Board of Fire Officers Meeting
1 Point
State Chiefs Meeting (max 2)
Per Meeting
1 Point
Relief Association (max 5)
Representatives (per meeting)
1 Point
Trustees (per meeting)
1 Point
President
5 Points
Vice-President
2 Points
Secretary
5 Points
Treasury
5 Points
Training (max 20 points)
8 Hours
2 Points
12 Hours
3 Points
16 Hours
4 Points
20 Hours
5 Points
Every 4 hours over 20
1 Point
Positions
Company
Chief
25 Points
Captain
15 Points
Lieutenant
10 Points
Engineer
10 Points
Assistant Engineer
5 Points
President
10 Points
Vice President
5 Points
Secretary
10 Points
Treasurer
10 Points
Trustee
5 Points
Board of Fire Officers Representative
10 Points
Department
President
10 Points
Vice President
5 Points
Secretary/Treasurer
10 Points
Assistant Secretary
10 Points
Purchasing Agent
10 Points
LOSAP Committee
1 Point Per Meeting- Max 6
LOSAP Manager
25 Points
Safety Officer
10 Points
Other (max 12 points)
Standby per event min. of 4 hours
1 Point
Parade and Memorial per event
1 Point
Convention Delegate per meeting (max 3 points)
1 Point
Hydrant Snow Removal per event
1 Point
Fire Police per event
1 Point
Time in Service
No more than 10 years
Must be exempt member or meet the residency standards
Life member or minimum of 20% of calls for each year credited
Must be documented by company records
Cost of Living
If an active volunteer member meets the year of active service requirement, a LOSAP must provide a benefit between the minimum contribution of $100.00 and a maximum contribution of $1,150.00. While the maximum amount is set by statute, once a LOSAP is adopted, if authorized by the enabling referendum it is subject to periodic increases that are tied to the consumer price index (N.J.S.A. 40A:14-185f). The Division annually certifies the permitted maximum amount.
[Ord. No. 00-05, Preamble; Ord. No. 2015-08 Preamble]
Volunteer Fire Department, First Aid Squad, Office of Emergency Management (OEM) and Community Emergency Response Team (CERT) Members within the Borough of Matawan provide a valuable service to the citizens of the Borough of Matawan at a very modest cost when compared to the expense which would be associated with said paid services.
The Council of the Borough of Matawan is desirous of providing certain incentives to these volunteers to recognize their community service and to encourage other citizens to join this organization and volunteer their services.
[Ord. No. 00-05 § 1; Ord. No. 2015-08 § 1]
ACTIVE MEMBER
Shall mean volunteers in the Borough of Matawan Fire Company who meet the definition of active member or active life members in writing by the Chief Executive Officer of the Volunteer Fire Company or volunteers in the Borough of Matawan First Aid who meet the definition of active member or active life member as certified in writing by the Chief Executive Officer of the First Aid Squad, or volunteers in the Borough of Matawan OEM and CERT Team who meet the definition of active member or active life member as certified in writing by the Emergency Management Coordinator of the OEM and CERT Team within the Borough of Matawan to have served at least one year of continuous volunteer service in the Company or Squad whom possess the necessary certifications and/or training required by the said Fire Company, First Aid Squad, OEM and CERT Team.
FEES
Shall mean those charges established by the Borough of Matawan which are fully retained by the Borough of Matawan as revenue. Specifically excluded is any portion of the fee which is collected by the Borough of Matawan on behalf of another entity including but not limited to the State of New Jersey, the County of Monmouth, or an outside vendor.
[Ord. No. 00-05 § 2; New; Ord. No. 2015-08 § 2]
All active members of the Borough of Matawan Volunteer Fire Department and the Borough of Matawan First Aid Squad, Borough of Matawan OEM and Borough of Matawan CERT Team shall be entitled to the following benefits:
Exemptions from the payment of any Borough of Matawan fees for Borough recreation equipment or activities, such as but not limited to canoe rentals, library rentals, etc. training programs sponsored by and with registration payable to the Borough of Matawan, Borough licenses, and Borough permit fees, including but not limited to Certificates of Occupancy.
[Ord. No. 00-05 § 3; Ord. No. 2015-08 § 3]
a. 
Fees, licenses and permits associated with any for profit activity.
b. 
Fees, licenses and permits associated with rental and commercial properties owned by volunteers other than personal residences.
c. 
Programs when the registration is received after maximum registration for the program has been reached.
d. 
Fees and escrows associated with Planning Board and Board of Adjustment site plan and subdivision applications.
e. 
Escrows associated with engineering inspections.
f. 
Dog license fees.
g. 
Posting of performance and maintenance guarantees where required.
h. 
Borough of Matawan Sewerage Authority charges.
[Ord. No. 00-05 § 4; Ord. No. 2015-08 § 4]
a. 
On or about January 31 of each calendar year the Borough of Matawan Fire Company, Borough of Matawan First Aid Squad, OEM and CERT Team shall submit to the Business Administrator a list of all individuals who meet the definition of active member status. Updates shall be provided by the Fire Company, First Aid Squad, OEM and CERT Team to the Business Administrator periodically to add those individuals who have completed their probationary status and/or to delete those individuals who have dropped their membership or who no longer meet the criteria for active member status.
b. 
The Business Administrator shall issue each Active Member and identification card for use in the various municipal departments.
c. 
All active members must comply with registration procedures and complete all application forms established by the Borough of Matawan.
d. 
The Business Administrator is hereby authorized to enforce the provisions of this section.
[Ord. No. 06-19 § 2-30.1]
a. 
The Mayor and Borough Council hereby adopt as the official name of each street in the Borough of Matawan those names by which all such streets are now commonly known, as set forth on the official tax map entitled, "Official Tax Map of the Borough of Matawan, Monmouth County, New Jersey last revised November 30, 2004 prepared by T and M Associates, PA, Middletown, NJ.
b. 
The Mayor and Council may adopt by Resolution a street map showing the names of the streets within the Borough, and the Borough Clerk shall revise the map or cause same to be revised as amendments, changes and additions may be made, from time to time by resolution.
c. 
The Mayor and Council of the Borough of Matawan is hereby granted the exclusive authority to name streets and other public places located within the Borough of Matawan, and to provide for the location of street signs and to provide guideposts for the public.
d. 
Notwithstanding the authority contained in this section, the State of New Jersey and County of Monmouth retain the authority to effectuate the location of signs and guideposts for signs in those areas and streets which are under their jurisdiction.
e. 
The names designated for a particular street, park, or public place shall be the name of an individual or locale which is not calculated to offend the sensitivities of any group in the Borough of Matawan and shall be the names of individuals who have had a connection to the Borough of Matawan, the County of Monmouth, State of New Jersey and the United States; or may be an international figure who has contributed to the betterment of humankind; has advanced art and science or medicine or peace.
[Ord. No. 06-19 § 2-30.2]
The name of any new street and the changing of the name of any existing street shall be established and amended by a written resolution adopted by the Mayor and Council and filed with the Borough Clerk.
[Ord. No. 06-19 § 2-30.3]
a. 
There shall be erected at the beginning and terminus of each street, and the intersecting corner with another street, a sign showing the name of the street.
b. 
The Mayor and Council may, by resolution, authorize the erection of street signs and other way finding signs at locations described herein and other places, from time to time.
c. 
Such signs shall be uniform in appearance, color and design.
d. 
A four corner intersection may have only two signs posted at diagonally opposing corners.
e. 
A "T" intersection may only have one sign erected.
f. 
No sign need be erected at the terminus of a Dead-End Street.
[Ord. No. 06-19 § 2-30.4]
a. 
Where a new street is erected as part of a subdivision, the developer of the subdivision shall be required, at its sole cost and expense, to install street signs showing the officially established expense, to install street signs showing the officially established names established by Mayor and Council, in conformity with the requirements of this section, and erect such guideposts for the convenience of the public as may be required by the Unified Planning Board or Mayor and Council as a condition of the approval. Mayor and Council shall adopt a resolution on the names of the streets to be established prior to the installation of any signs.
b. 
Guideposts shall be erected by the developer of a subdivision at such points along the streets within the Borough, or by the Borough on established streets, as may be determined from time to time by Mayor and Council by resolution.
c. 
Guideposts shall conform in size and shape to existing standards in the Borough or as may be subsequently approved by Mayor and Council.
d. 
The Mayor and Council retain the authority to decide when and where signs should be located with the denomination of roads, streets, avenues, boulevards, plazas, parks, sites or any other public places that are under the jurisdiction of the Municipal Government of the Borough of Matawan.
[Ord. No. 10-12]
No firm, company, entity, limited liability company, partnership, or corporation may enter into a contract or agreement with the Borough of Matawan or its political subdivisions thereof, if it employs or retains a member of the Governing Body or an employee of the Borough of Matawan.
No firm, company, entity, limited liability company, partnership, or corporation may enter into a contract or agreement with the Borough of Matawan or its political subdivisions thereof during the period of when a family member serves as an elected member of the Governing Body or an employee of the Borough of Matawan.
For purposes of this section, an interest in a business organization shall not include aggregate familial ownership or control of 1% or less of an interest in the capital or equity of the business organization.
The term "family member" shall include, but is not limited to, spouse, civil union partner, parent, child, grandparent, grandchild, step parent, step child, sibling, daughters- and sons-in-law, niece, nephew, uncle, aunt, or any person related by blood or through marriage.
The within section shall not apply or be binding on any contract obligations entered into prior to the adoption of the within section.
The within section shall not apply for the payment of services rendered and goods delivered prior to the adoption of this section.
The within section shall take effect within 20 days after its adoption and publication according to law. (Adopted May 19, 2010)
If any part of the within section is deemed invalid, the remaining provisions of the section shall survive and will be deemed enforceable.