In the event of any misrepresentation of any statements or proofs
contained in the plan or in the application for approval, the Township
Planning Board has the right to revoke the approval of the plan.
It shall be the policy of the Township, in the case of any major
subdivision by any property owner or developer, which in any way advertises
the quality and features of the development, to check the development
as it is constructed to ascertain if the development substantially
complies with all such advertisements.
It is well recognized that certain uses, while necessary for
the convenience of the citizens of the Township, if located without
proper consideration to the existing conditions and surrounding development,
may have an adverse effect on the public health, safety and general
welfare of the community. These uses are designated as conditional
uses and are subject to the conditions established in this section.
A.
Before any permit shall be issued for a conditional use, applications
shall be made to the Planning Board. In reviewing the conditional
use application, the Board shall consider and be guided by the following:
(1)
The use for which an application is being made is specifically listed
as a conditional use within the zone where the property is located;
(2)
The design, arrangement and nature of the particular use is such
that the public health, safety and welfare will be protected and reasonable
consideration is afforded to: the compatibility of the proposed use(s)
and/or structure(s) within the existing neighborhood; the number of
employees or users of the property; the potential effect that the
proposed use(s) and/or structure(s) will have upon property values;
the adequacy of the proposed parking and traffic circulation for the
use(s) and/or structure(s) and the potential for traffic congestion
and/or the creation of undue traffic hazards, the structural location(s)
and orientation(s); the need for such facility or use(s) to serve
the area in which it is to be located; the adequacy of proposed drainage
facilities which will serve the use(s) and/or structure(s); the adequacy
plans for screening any adverse aspects of the use(s) and/or structure(s)
from adjoining properties; and the adequacy of proposed outdoor lighting;
(3)
Compliance with the applicable performance standards pursuant to
this chapter;
(4)
Compliance with the standards, principles and objectives of the Master
Plan of the Township;
(5)
Conditional uses shall adhere to any additional standards specified
for the particular use.
B.
In all requests for approval of conditional uses, the burden of proof
shall be on the applicant. All conditional uses shall require site
plan review and approval by the Planning Board. In the granting of
conditional uses, a time limit of three years from the date of approval
shall be set within which time the owner shall secure a building permit;
otherwise, the conditional use permit granted shall be null and void.
C.
The Planning Board shall grant or deny an application for a conditional
use within 95 days of submission of a complete application by the
applicant, or within such further time as may be consented to by the
applicant.
E.
Whenever review or approval of the application by the County Planning
Board is required, in the case of a subdivision or site plan, the
municipal Planning Board shall condition any approval that it grants
upon timely receipt of a favorable report on the application by the
County Planning Board or approval by the County Planning Board by
its failure to report thereon within the required time period.
A.
Penalty. If, before final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms part of a subdivision on which, by ordinance, the Planning Board is required to, such person shall be subject to the provisions of Chapter 1, General Provisions, Article II, General Penalty, of the Code of the Township of Ocean. Each parcel, plot or lot so disposed of shall be deemed a separate violation, and each day that a violation is permitted to exist shall constitute a separate offense.
B.
Civil remedies. In addition to any other penalty for the violation
of this chapter, the Township may institute and maintain a civil action
for injunctive and other relief as is provided for by the laws of
the State of New Jersey.
