[Ord. No. 98-21 § 304.4]
It shall be the duty of the Zoning Official to administer and
enforce the provisions of this chapter.
[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.
[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.
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*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.
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b. Certificates of Occupancy: See Chapter
13, Building and Construction.
c. Demolition permit: See Chapter
13, Building and Construction.
d. Permit to move and relocate structure: See Chapter
13, Building and Construction.
e. Site plan review:
1. Conceptual site plan: $100.00.
2. Preliminary approval: $200.00 for each acre or portion thereof.
3. Final approval: 1/2 of the preliminary site plan fee.
4. Resubmission of revised plan: 1/3 of the original submission fee.
f. Subdivisions:
1. Sketch plans or minor subdivision: $50.00.
2. Preliminary approval of major subdivision: $100.00, plus $50.00 per
lot.
3. Final approval of major subdivision: $100.00, plus $25.00 per lot.
g. Variances/appeals:
1. Hear and decide appeals: $50.00.
2. Interpretation of zoning regulations: $50.00.
3. Hardship or bulk variances: $50.00 per variance.
5. Building permit for lot not related to a street: $ 100.00.
h. Conditional use permit: $200.00.
i. Sign permits: See Chapter
13, Building and Construction.
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.
[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:
1. Variances:
(a) Bulk variance not requiring site plan or subdivision approval: $350.00.
2. Site Plan Applications. Fees shall be in addition to any fees for
required variances.
(a) Residential site plan:
(1)
Preliminary approvals:
Number of Dwelling Units
|
Fee
|
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1 to 9
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$2,500.00
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10 to 25
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4,000.00
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26 to 25
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5,000.00
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51 to 100
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6,000.00
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Over 100
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7,500.00
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(2)
Final approval: 20% of preliminary approval escrow fee or a
minimum of $1,000.00 whichever is greater.
(b) Nonresidential site plan:
(1)
With principal building at least 1,000 square feet of gross
floor area:
Square Feet Gross Floor Area
|
Fee
|
---|
1,000 to 2,500
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$ 2,500.00
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2,501 to 5,000
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3,500.00
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5,001 to 10,000
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5,000.00
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10,001 to 15,000
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6,000.00
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15,001 to 20,000
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8,000.00
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20,001 to 25,000
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10,000.00
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Over 25,000
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12,500.00
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(2)
With principal building less than 1,000 square feet gross floor
area:
Lot Area
(acres)
|
Fee
|
---|
Up to one
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$2,500.00
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1 to 5
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3,500.00
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5 to 10
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4,000.00
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Over 10
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5,000.00
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(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.
(a) Minor subdivisions: $2,000.00.
(b) Preliminary subdivisions:
Number of Lots
|
Fee
|
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3 to 10
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$ 2,500.00
|
11 to 25
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4,000.00
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26 to 100
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6,000.00
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More than 100
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10,000.00
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(c) Final subdivisions:
Number of Lots
|
Fee
|
---|
3 to 25
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$1,500.00
|
26 to 100
|
2,500.00
|
More than 100
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3,500.00
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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.