[1971 Code § 6-1.1a, b.]
There is hereby established a State Uniform Construction Code Enforcing Agency to be known as the Borough Code Enforcement Department, consisting of a Construction Official, Building Subcode Officials, Plumbing Subcode Officials, Electrical Subcode Officials, Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the Chief Administrator of the enforcing agency.
Each official position created in paragraph a hereof shall be filed by a person qualified for such position pursuant to P.L. 1975 C. 217 as amended and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to P.L. 1975, C. 215 and N.J.A.C. 5:23 to hold each such position.
[1971 Code § 6-1.1c.]
The public shall have the right to do business with the enforcing agency at one office location except for emergencies, and unforeseen or unavoidable circumstances. The officers are hereby established at Borough Hall, 201 Broad Street, Matawan, New Jersey.
[1971 Code § 6-1.2; New]
The Monmouth County Construction Board of Appeals shall review and determine the appeals of any appropriately aggrieved person from any person aggrieved by an order of the local enforcing agency or the Construction Department of the Borough of Matawan.
[1971 Code § 6-1.3; Ord. No. 95-24; Ord. No. 96-9; Ord. No. 96-10; Ord. No. 96-12; Ord. No. 96-14; Ord. No. 98-31; Ord. No. 96-17; Ord. No. 06-14; Ord. No. 09-02; Ord. No. 09-10]
The fee to be charged for a Construction Permit will be the sum of the basic construction fees plus all applicable special fees, i.e. sign, elevator. These fees shall be paid prior to the issuance of the construction permit.
Minimum Fee: $75.00
Fees for new construction shall be based on the volume of the structure. The new construction fee shall be $ 0.045 per cubic foot of volume for the building of structures in all use groups and types of construction.
State Permit Surcharge Fee for new construction and additions is $0.00344 per cubic foot of volume.
Certificate of Occupancy fee is 10% of the total permit fees ($ 75.00 residential and $150.00 nonresidential)
Prototype filing less 20% of all subcode fees.
Alterations, Renovations, Repairs, Decks, Porches, Fireplaces, Enclosures:
Fences and Sheds:
Satellite Dish/Solar Panels:
Tank Removal or Abandonment (Fire Subcode Only):
Tank Installation (Residential):
Tank Installation (Registered, Commercial Tanks):
Temporary Structures (Tents/Pole Garages) Over 900 Square Feet:
Fee for Variation (For all Subcodes). In accordance with N.J.A.C. 5:23-2.10 the fee shall be $594.00 for a Class I Structure and $120.00 for a Class II or Class III Structure.
To reinstate lapsed or suspended permit: $150.00
Elevator Subcode Fees: Fees are to be in accordance with N.J.A.C. 5:23-2.16
Electrical Subcode Fees:
Plumbing Subcode Fees:
Fire Subcode Fees.
[Ord. No. 98-35]
No person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing public or private structure, or any of the facilities contained herein.
[Ord. No. 95-36]
Required; Deposit of Fee. Any applicant for zoning, construction, or demolition permit shall be required to identify to the Construction Code Official and/or Building Inspector, prior to construction or demolition permit being issued, all arrangements for disposal and recycling of appropriate materials. The applicant shall provide satisfactory documentation regarding the disposal and recycling of the same after that has been accomplished. A dollar amount of the percentage of the cost of the issuance of the permit shall be required to be placed with the Construction Code Official or with the Construction Code Department and held until such time as documentation is produced to the satisfaction of the municipality concerning compliance with the terms and conditions herein.
Hazardous Materials. Prior to the issuance of a zoning, construction, or demolition permit for any work where there is a presence of materials classified as hazardous by any regulatory government agency, the applicant shall provide the Construction Code Official and/or Building Inspector with a statement specifying the type and quantity of hazardous materials, the method of disposal and an approval from the Monmouth County Health Department of the method of handling, transporting, and disposing of the same.
Underground Storage Tanks; Contaminated Soil. In the event of underground storage tanks or contaminated soil, the appropriate regulatory procedures shall be followed as a prerequisite to the issuance of a removal, zoning, construction or demolition permit.
Minor Construction; Exceptions. In the event of a small quantity of generators engaged in a minor home construction, that Construction Code Official and/or Building Inspector shall, in his discretion, have the authority to grant exceptions to the terms and conditions of this subsection.
[1971 Code § 6-1.4]
Fire limits shall be established pursuant to N.J.A.C. 5:23 by ordinance on or before July 1, 1977.
The Construction Official shall prepare and submit to the Borough Council biannually, a report reevaluating the delineation of the fire limits. This report shall indicate the recommendation of the Construction Official, the Building Subcode Official, and the Fire Subcode Official regarding those areas which should be designated as within fire limits, with the reasons therefor.
[Added 10-1-2019 by Ord. No. 19-18]
No person shall be charged a Borough construction fee or enforcing agency fee for any construction, alteration and improvement designed and undertaken solely to renovate a previously occupied and currently vacant wholly commercial structure or currently vacant commercial unit within an existing commercial structure for the purpose of obtaining a certificate of occupancy in the designated area in need of rehabilitation of the Borough of Matawan. The waiver of fees shall not include Uniform Construction Code surcharge fees as applicable or fees mandated by any federal, state or New Jersey administrative agency.
For purposes of this section, the structure or the commercial unit within a structure that is being renovated for commercial use shall be required to be vacant for 12 months prior to the permit application in order to be eligible for the waiver of the within fees. The applicant shall be required to establish that the structure, or the unit within the structure, has been vacant to the satisfaction of the Construction Official for a period of one year prior to the application. A waiver shall be limited to a renovation or alteration of units of less than 5,000 square feet. For purposes of calculating square footage, a vacant commercial unit of 5,000 square feet or less shall qualify for the waiver of fees if the unit existing prior to and after renovations is equal to or less than 5,000 square feet, regardless of the total size of the structure. Commercial units that exceed 5,000 square feet prior to or after renovation shall not qualify for the waiver of fees.
The within section shall not be applicable to any building or structure which is currently or proposed to be a residential or mixed residential and commercial structure. The provision for exemption do not apply to renovating or improvements of any residential structures or units, even if said unit is within a commercial building. No residential units are permitted to apply for said exemption, including single and multifamily units; single room occupancy or efficiency units; motel/or hotel units and residential transitory structures of any type.
For purposes of this section, no waiver of fee shall be provided to any commercial structure or commercial unit within a structure if the commercial property has outstanding property taxes due to the Borough of Matawan or outstanding property maintenance violations which fines and penalties have not been paid by the party who has an interest in the property. For purposes of this section, it is the legal obligation of the owner of the property to have any outstanding obligation paid by it prior to the application for the within exemption.
This section shall expire on December 31, 2020, unless extended by resolution by the Borough Council of the Borough of Matawan.
The within section and the fee waiver is only applicable to the properties that are referenced by lot and block numbers that are commercial properties identified in a letter dated July 8, 2019, from the State of New Jersey, Department of Community Affairs, attached to the within section and made a part hereof by reference.
Editor's Note: Said letter is on file in the Borough offices.
[1971 Code § 6-2.1]
No person shall remove or demolish or commence the removal or demolition of any building or structure in the Borough without first filing with the Construction Official an application in writing and obtaining a formal permit.
[1971 Code § 6-2.2]
An application for a removal or demolition permit shall be submitted in writing in the form prescribed by the Construction Official. The application shall contain the full name and address of the applicant and the owner and if the owner is a corporation, of its responsible officer. The application shall also briefly describe the proposed removal or demolition and shall be accompanied by a plot plan showing the buildings or structures to be removed or demolished and the buildings or structures on the same lot that are to remain. The application may be made by the owner or lessee, or agent of either, or the contractor employed in connection with the proposed removal or demolition. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee or the person making the application that the proposed work is authorized by the owner in fee and that the person making the application is authorized to do so.
The application shall further be accompanied by an indemnity bond in the sum of $5,000 to guarantee the clearing, filling-in and restoration of the site as hereinafter provided, together with a certificate indicating liability insurance coverage in the sum of $100,000 by a properly accredited insurance company to indemnify and save harmless the Borough against loss or damage by reason of injury to persons or property.
[1971 Code § 6-2.3]
The fee for a permit for the removal of a building or structure from one lot to another, or to a new location on the same lot, shall be the fees as established in subsection 13-1.4, plus the cost of new foundations and all work necessary to place the building or structure in its completed condition in the new location. The fee for a permit for the demolition of a building or structure shall be the fees as established in subsection 13-1.4. Any permit issued hereunder shall be good for a period of six months. In the event the demolition has not been started within this period of time or in the event the owner advises the Construction Official that the applicant no longer desires to perform the demolition the Construction Official, upon proper application, shall refund the permit fee to the applicant. In the event any demolition was started, the applicant shall not be entitled to any refund.
[1971 Code § 6-2.4; Ord. No. 12-01]
No permit to remove a building or other structure shall be issued until notice of application has been given to the owners of property adjoining the property upon or from which the building or structure is to be moved and to the owners of wires or other impediment, the temporary removal of which will be necessary, and an opportunity has been given the owners to be heard upon the application.
[1971 Code § 6-2.5; Ord. No. 12-01]
The Construction Official, upon receipt of an application for a removal or demolition permit, shall immediately notify, in writing the Tax Assessor, the Historic Site Commission and Health Officer. Each entity shall review and examine the application within 20 days of receipt. Findings and facts regarding the review of the application shall be in writing and submitted to the Borough Clerk for distribution. Representative of one or all entities may be required to present their report at the hearing before the Governing Body.
Any building or other structure, that is the subject of application for demolition and is classified over 100 years in age by the Historic Site Commission, shall have a public hearing. Said hearing shall be held before the Governing Body and receive permission by resolution before any permits are issued. The hearing shall be held in public within 30 days after receipt of any comments and reviews required in subsection 13-2.5.
If, after permission is granted by the Governing Body by resolution for any building or other structure classified over 100 years or after examination by the Construction Official of those not classified over 100 years, he finds no objections to the same and it appears that the proposed work will be in compliance with the applicable laws and ordinances and the proposed construction or work will be safe, he shall approve the application and give written notice to the applicant, who shall cause a rodent, vermin and insect extermination to be carried out in the premises and furnish written certification to the Construction Official. The Construction Official shall then issue a permit for the proposed work provided that commencement shall not take place until at least 24 hours advance notice has been given to the Construction Official and the owners or tenants of properties adjoining the property in question. A permit under which no work is commenced within six months after issuance shall expire by limitation and a new permit shall be secured before work is commenced.
[1971 Code § 6-2.6]
Upon notice to the utility company involved, all abandoned water, electric, sewer and other service connections shall be plugged and sealed and releases shall be secured from the utility companies and from the Plumbing Subcode Official of the Borough.
[1971 Code § 6-2.7]
When a building has been demolished and no building operation has been projected or approved, the lot shall be filled, graded and maintained in conformity with the established street grades at curb level. The lot shall be maintained free from the accumulation of rubbish and all other unsafe or hazardous conditions which endanger the life or health of the public, and provisions shall be made to prevent the accumulation of water or damage to any foundations on the premises or on private or public property.
Pursuant to Ordinance No. 13-06, former Section 13-3, Certificate of Occupancy Information Checklist for Residential Resale and Change of Rental Occupancy has been moved to Section 17-3.
[1971 Code § 6-4.1]
As used in this section:
- PRIVATE POOL
- Shall mean a pool which is constructed or installed to provide swimming, bathing or wading facilities for the recreation of the owner or occupant of a house and his family and guests and which is so located as to be an accessory use to a residence. This definition shall include all buildings, structures and equipment constructed or used in connection with a private swimming pool.
- PORTABLE POOL
- Shall mean any aboveground level swimming pool which is not designed to be permanently filled in one place, but which is intended to be capable of being removed and stored.
- WADING POOL
- Shall mean a private pool which is not capable of being used for swimming. It includes portable pools having a capacity of less than five hundred (500) gallons and all pools portable or otherwise with a maximum depth of 12 inches or less.
[1971 Code § 6-4.2]
No person shall construct, install or maintain a private pool without first obtaining a permit from the Construction Official.
[1971 Code § 6-4.3]
Applications for permits under this section shall be made to the Construction Official and shall contain the following information:
The name and address of the applicant.
The street address of the property where the pool is to be constructed or installed, if other than the address of the applicant.
A set of plans and specifications of the proposed pool which indicate the type, location and purpose of all structures and equipment to be used in connection with it, including filtration, chlorination and testing equipment.
A plot plan drawn to scale showing the property lines of the lot upon which the pool is to be constructed or installed, all existing structures on the lot, the location of the pool and its distance from the house, the property line and the street abutting the property.
A description of the fence or other enclosure to be constructed around the proposed pool, including type, height and the number and location of gates or doors. The information required by this paragraph may be included as part of the plot plan.
A statement as to the method to be used to dispose of waste water from the swimming pool.
The application and all required plans and specifications shall be in duplicate.
[1971 Code § 6-4.4]
The Construction Official shall forward one copy of the application, together with the plans and specifications accompanying it, to the County Health Officer, who shall, within five days, return it with his findings and recommendations. No permit shall be issued unless the County Health Officer approves the application.
[1971 Code § 6-4.5]
The Construction Official shall act on the application within five days after receiving the findings and recommendations of the County Health Officer. The Construction Official may either approve or disapprove the application as submitted or approve it conditionally subject to modifications or changes in the plans and specifications. If it is approved conditionally, no permit shall be issued until an amended set of plans and specifications has been filed, except that where the modifications or changes are minor, the Construction Official may issue the permit upon the applicant consenting, in writing, to the required modifications or changes.
[1971 Code § 6-4.6]
Fees shall be paid upon the filing of the application. Fees for a permit required by this section shall be as follows:
[1971 Code § 6-4.7]
No pool shall be construed or installed within 10 feet of any property line except as provided in paragraph b.
In lots having a width of less than 80 feet upon which an existing dwelling is located, no pool shall be installed within five feet of any property line.
No pool shall be installed within 30 feet of any street line or closer to the street than the existing building setback line, whichever is greater.
No private swimming pool shall be constructed or installed on any lot unless a residence building is also maintained on that lot or an adjacent lot.
The Unified Planning Board may grant or recommend to the Borough Council a variance from the provisions of this subsection in the same manner that other variances are granted or recommended. For that purpose, this subsection shall be considered to be part of the zoning regulations of the Borough.
[1971 Code § 6-4.8]
In General. All materials used in the construction of a private pool shall be of durable construction and waterproof and the pool itself shall be designed so as to facilitate its easy emptying, cleaning and disinfecting.
Sides and Bottom. The sides and bottom of the pool shall be smooth and free from cracks and open joints.
Inlets. Inlets shall be located and spaced in a manner that will assure satisfactory dispersion of incoming water throughout the pool and facilitate its draining, cleaning and disinfecting.
Color. The bottom and sides of the pool shall be either white or a light color, except that the use of aluminum paint is prohibited.
[1971 Code § 6-4.9]
There shall be no physical connection between a private pool or its recirculating and treatment system and a public or private water supply system which is a source of water used or useable for drinking purposes unless the connection is designed and installed so as to make impossible siphoning or discharge of pool water into the water supply system.
[1971 Code § 6-4.10]
Where it can be done without causing a nuisance or an unhealthy condition, the drainage from a private pool shall be dispersed upon the property on which the pool is located or into a sand filtering pit.
Where a pool cannot be drained as provided in paragraph a., it may, with the approval of the County Health Officer be drained into a seepage pit or storm sewer, if accessible, or be drained in any other manner that the County Health Officer may specify.
In no case shall the drainage from a private pool be permitted to flow onto any public street without the permission of the Borough Council or onto the premises of any abutting property owner.
[1971 Code § 6-4.11]
All pools shall be surrounded by a fence or wall of substantial construction not less than four feet in height with no openings larger than three inches except for gates or doors. The fence or wall shall be so constructed as to prevent any person from gaining access to the pool beneath or over it.
For the purposes of paragraph a., a dwelling or accessory building may be used as part of the enclosure.
Every fence or wall shall be provided with one or more gates or doors of the same height as the fence or wall equipped with a self-closing or self-latching device capable of keeping them securely closed. Gates or doors must be locked when the pool is not in use.
Wading pools not provided with a fence or wall as required by this subsection shall be either emptied or covered with a suitable strong protective covering fastened securely in place when the pool is not in use.
This subsection shall not apply to aboveground pools more than 48 inches in height, provided that all steps, ladders or other means of access to the pool are removed when the pool is not in use, nor to cases where the entire premises on which the pool is located are surrounded by a fence which meets the requirements of this subsection.
[1971 Code § 6-4.12]
Lights used to illuminate any private pool shall be located and shaded so as to reflect the light away from adjoining premises.