These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Township of Allamuchy. Any action
taken by the Township under the terms of this chapter shall give primary
consideration to the above-mentioned matters and to the welfare of
the entire municipality.
[Amended 7-18-2006 by Ord. No. 2016-14; 2-19-2013 by Ord. No. 2013-02]
It shall be the duty of the Township Engineer, the Department
of Community Affairs and the Township Zoning Officer to administer
and enforce the provisions of this chapter.
A.
Township Engineer.
(1)
It shall be the duty of the Township Engineer to monitor all
land disturbances, tree removal and all land improvements undertaken
in the Township pursuant to approval of a subdivision and/or site
plan in accordance with the applicable provisions of this chapter.
(2)
Prior to the commencement of any land disturbance, tree removal
or any land improvement, the developer shall arrange for and attend
a preconstruction meeting with the Township Engineer. At said meeting,
the subject subdivision plat and/or site plan shall be identified,
marked and dated by the Township Engineer with an acknowledgement
as to its conformity to the subdivision and/or site plan approved
by the Land Use Board, including any conditions of approval written
in the approval resolution. Thereafter, the marked and dated subdivision
and/or site plan shall be filed in the office of the Township Clerk.
(3)
Written communication.
(a)
The Township Engineer shall issue a written communication
to the developer within 10 days after the preconstruction meeting,
either:
[1]
Authorizing the commencement of land disturbance,
tree removal and/or land improvement in accordance with the approved
plat or plan, including any conditions of approval written in the
approval resolution and in accordance with any and all limitations
and/or conditions as deemed appropriate by the Township Engineer specifically
enumerated; or
[2]
Denying the commencement of land disturbance, tree
removal and/or land improvement, with the reasons for such denial
specifically enumerated.
(b)
A copy of the written communication shall be immediately
filed in the office of the Township Clerk, and additional copies shall
be immediately forwarded to the Chairman of the Land Use Board and
to the Board's Attorney.
(4)
In accordance with § 190-902F of this chapter, all
improvements for both site plans and subdivisions shall be inspected
during the time of their installation under the supervision of the
Township Engineer. At the time of inspection, in addition to an evaluation
and determination of the sufficiency of the engineering aspects of
the improvements, the Township Engineer shall evaluate and determine
the correctness of the improvements relative to all aspects of the
approved subdivision and/or site plan.
(a)
Should any improvement, whether completed or under
construction, be found by the Township Engineer to be contrary to
the subdivision and/or site plan as approved by the Land Use Board,
such fact shall immediately be orally communicated to the developer
or his/her appropriate representative on site and, thereafter, shall
be communicated by the Township Engineer in writing to the developer
or his/her attorney; and
(b)
A copy of the written communication shall be immediately
filed in the office of the Township Clerk, and additional copies shall
be immediately forwarded to the Chairman of the Land Use Board and
to the Board's Attorney.
(5)
On the day following the oral communication to the developer
or his/her representative, the improvement found by the Township Engineer
to be contrary to the subdivision and/or site plan shall be corrected
so as to conform to the approved subdivision and/or site plan or the
Township Engineer shall:
(6)
The developer immediately shall comply with any issued stop-work
order and/or any other conditions imposed by the Township Engineer;
otherwise the Township Engineer shall communicate in writing within
two working days the particulars of the developer's noncompliance
to the Township Attorney.
B.
Department of Community Affairs.
(1)
It shall be the duty of the Department of Community Affairs
to monitor the construction of any building or structure in the Township.
No new structure and no improvement to the interior of any existing
structure shall be undertaken until a construction permit is obtained
from the Department of Community Affairs in accordance with N.J.A.C.
5:23-2.14 and § 190-1002D of this chapter.
(2)
It shall be the duty of the Department of Community Affairs
in accordance with N.J.A.C. 5:23-4.5 to keep a record of all applications
and all construction permits which are either issued or denied, with
notations of any conditions involved, including the actual elevation
(NGVD) of the lowest floor area of any structure and/or the elevation
to which a structure has been floodproofed in floodplain areas, which
data shall form a part of the Township public records. A monthly report
of construction permits shall be filed with the Tax Assessor and the
Township Council.
(3)
Should any construction, whether completed or in process, be
found by the Department of Community Affairs to be contrary to the
approved construction plans and/or the Uniform Construction Code of
the State of New Jersey, such fact shall immediately be noticed to
the landowner or his/her appropriate representative on site.
(a)
The Department of Community Affairs shall issue
in writing to the landowner or his/her attorney a notice of violation
and orders to terminate, directing the discontinuance of the illegal
action or condition and the correction of the violation pursuant to
N.J.A.C. 5:23-2.30.
(b)
A copy of the written communication shall be immediately
filed in the office of the Township Clerk, and additional copies shall
be immediately forwarded to the Mayor and to the Township Attorney.
(4)
The construction improvement found by the Department of Community
Affairs to be contrary to the approved construction plans and/or the
Uniform Construction Code shall be corrected so as to conform to the
applicable construction requirements or the Department of Community
Affairs shall, pursuant to N.J.A.C. 5:23-2.31:
(5)
The landowner immediately shall comply with any issued stop-work
order and/or any other conditions imposed by the Department of Community
Affairs; otherwise the Department of Community Affairs may communicate
in writing the particulars of the landowner's noncompliance to the
Township Attorney pursuant to N.J.A.C. 5:23-2.31.
C.
Zoning Officer.
(1)
It shall be the duty of the Zoning Officer to:
(a)
Inspect the uses, land and structures in the Township
and order the owner in writing to remedy any condition found to exist
in violation of any provision of this chapter and/or any variance,
subdivision and/or site plan approved by the Land Use Board, including
any conditions of approval written in the approval resolution; no
structure or land shall be used in violation of this chapter and/or
any approved variance, subdivision and/or site plan; and
(b)
Issue zoning or sign permits, as may be required
by provisions of this chapter and in accordance with the definition
of "zoning permit" within § 190-203 of this chapter.
(2)
Should any use, land or structure be found by the Zoning Officer
to exist in violation of any provision of this chapter and/or any
approved variance, subdivision and/or site plan, such fact shall immediately
be orally communicated to the landowner or his/her appropriate representative
on site and, thereafter, shall be communicated by the Zoning Officer
in writing, by certified or registered mail, to the landowner or his/her
attorney. A copy of the written communication shall be immediately
filed in the office of the Township Clerk, and additional copies shall
be immediately forwarded to the Township Attorney and to the Chairman
of the Land Use Board and to the Board's Attorney.
(3)
On the day following the oral communication to the landowner
or his/her representative, the use, land or structure found by the
Zoning Officer to exist in violation of any provision of this chapter
and/or any approved variance, subdivision and/or site plan shall be
corrected so as to conform to this chapter and any variance, subdivision
and/or site plan approval or the Department of Community Affairs,
at the Zoning Officer's request, may revoke the certificate of occupancy
and, in any case, shall notify the Township Attorney and the Township
Engineer of the violation via a written communication.
D.
Construction permits.
(1)
Permit application requirements.
(a)
Every application for a construction permit shall
be accompanied by three sets of approved plans drawn in ink or a blueprint
showing:
[1]
Evidence of the issuance of a zoning permit as
may be required by provisions of this chapter;
[2]
The actual shape and dimensions of the lot to be
built upon;
[3]
The exact location, size and height of all existing
and proposed structures and substructures;
[4]
All existing easements;
[5]
A delineation and description of any proposed extension(s)
of public utilities;
[6]
The existing or intended use of each structure;
[7]
The number of dwelling units the structure is designed
to accommodate;
[8]
The number and location of off-street parking spaces
and off-street loading areas;
[9]
If applicable to the subject construction permit
application, a soil erosion and sedimentation control permit and/or
approval and/or waiver from the Soil Conservation District; and
[10]
Such other information with regard to the lot
and neighboring lots as may be necessary to determine and provide
for the enforcement of this chapter.
(b)
Additionally, all requirements for construction
permits contained in the Uniform Construction Code (N.J.A.C. 5:23-2.15)
shall be met. All dimensions on these plans relating to the location
and size of the lot to be built upon shall be based on an actual survey
of the lot by a licensed surveyor in the State of New Jersey.
(2)
The fee for each construction permit shall be governed by the terms of Chapter 120, Construction Codes, Uniform, of the Code of the Township of Allamuchy, establishing a State Uniform Construction Code enforcing agency and a construction fee schedule, pursuant to Chapter 217, Laws of New Jersey 1975, and Title 5, Chapter 23 of the New Jersey Administrative Code, including any amendments or supplements which may from time to time be adopted.
(3)
A construction permit shall be granted or denied in writing
within 20 working days of a complete application unless additional
time is agreed upon in writing by the applicant. One copy of such
plans shall be returned to the owner when such plans have been approved
or denied by the Department of Community Affairs, together with such
permit as may be granted.
(4)
The lot and the location of the structure(s) thereon shall be
staked out on the grounds before construction is started, and a copy
of the construction permit shall be posted conspicuously on the premises
affected whenever construction work is being performed thereon. Additionally,
all other requirements for construction permit procedures set forth
in the Uniform Construction Code of N.J.A.C. 5:23-2.16 shall be met.
(5)
No construction permit shall be issued for any structure until
prior site plan, subdivision and variance approvals, as may be necessary,
have been granted by the appropriate federal, state, county or municipal
agency or agencies in accordance with the provisions of this chapter
and until all review and inspection fees and all local taxes and assessments
on the property have been paid.
(6)
Additionally, any proposed extension(s) of the public water,
sewerage, stormwater management facilities and/or utilities shall
be reviewed and approved by the Township Engineer prior to the issuance
of a construction permit, and a written communication of the results
of such reviews and a statement of approval or denial shall be provided
by the Township Engineer to the Department of Community Affairs; the
application for the construction permit shall be accompanied by an
additional fee of $500 for such a review when applicable.
E.
Certificate of occupancy.
(1)
It shall be unlawful to use or permit the use of any structure
or part(s) thereof until a certificate of occupancy shall have been
issued by the Department of Community Affairs pursuant to N.J.A.C.
5:23-2.33. Any change of use from one category of permitted use to
another category of permitted use shall require a new certificate
of occupancy. Additionally, any use requiring site plan approval shall
require a new certificate of occupancy. It shall be the duty of the
Department of Community Affairs to issue a certificate of occupancy
only when:
(a)
The structure or part(s) thereof and the proposed
use conform to this chapter and all other applicable codes and ordinances
of the Township;
(b)
Prior site plan, subdivision and variance approvals,
as may be necessary, have been granted by the appropriate municipal
agency or municipal agencies in accordance with the provisions of
this chapter;
(c)
All local taxes and assessments on the property
have been paid;
(d)
If applicable to the issuance of the subject certificate
of occupancy, a report from the Soil Conservation District indicating
compliance with any and all conditions of any issued soil erosion
and sedimentation control permit; and
(e)
A letter from each utility company has been received
by the Township stating that the utility has been installed and has
been inspected in accordance with the approved plan and is ready for
use.
(2)
The fee for a certificate of occupancy shall be in the amount
of 10% of the new construction permit fee which would be charged pursuant
to these regulations. The minimum fee shall be $120 or in accordance
with the current fee established by the Township Council, except for
one- or two-family (use group R-3 of the building subcode) structures
of less than 5,000 square feet in area and less than 30 feet in height
and/or structures on farms used exclusively for the storage of food
or grain or the sheltering of livestock; in such cases the minimum
fee shall be less, as established by the Township Council.
(3)
Unless additional time is agreed upon by the applicant in writing,
a certificate of occupancy shall be granted or denied in writing within
10 days from the date that a written notification and a certified
location or field survey, signed and sealed by a New Jersey state-licensed
surveyor, is filed with the Department of Community Affairs stipulating
that the erection of the structure and all required site improvements
are completed pursuant to N.J.A.C. 5:23-2.23 and 5:23-2.24.
(4)
With respect to any finally approved subdivision and/or site
plan or subsection thereof, a certificate of occupancy shall be issued
only upon the written confirmation by the Township Engineer to the
Department of Community Affairs of the completion of the following
improvements as such improvements may be required as part of subdivision
and/or site plan approval:
(a)
Curbs;
(b)
All utilities;
(c)
Water supply and sewerage treatment facilities,
which shall be functioning and servicing the property in question;
(d)
Storm drainage facilities;
(e)
Final grading of the property;
(f)
Base course (in the case of subdivisions) or final
course (in the case of site plans) of the street or streets serving
the property;
(g)
Base course (in the case of subdivisions) or final
course (in the case of site plans) of driveways and parking areas;
(h)
Landscaping; and
(i)
Any other improvements required as part of subdivision
and/or site plan approval.
(5)
With respect to any individual residential lot within a subdivision
or any building containing townhouses or apartments, a certificate
of occupancy shall be issued only upon the written confirmation by
the Township Engineer to the Department of Community Affairs of the
completion of the following improvements, in addition to those listed
in § 190-1002E(4) hereinabove, to the extent the same are
required as part of a subdivision and/or site plan approval:
(6)
A copy of any issued certificate of occupancy shall be kept
on file at the premises affected and shall be shown to the Department
of Community Affairs upon request. Additionally, a copy of an issued
certificate of occupancy shall be provided by the Department of Community
Affairs to the Secretary of the Land Use Board for placement in the
applicable site plan or subdivision application file.
(7)
Should the Department of Community Affairs decline to issue
a certificate of occupancy, his reasons for doing so shall be stated
on two copies of the application, and one copy shall be returned to
the applicant.
(8)
A temporary certificate of occupancy may be issued for any new
structure or use for which site plan and/or subdivision approval has
been granted although not all conditions of said approval have been
complied with, subject to the following:
(a)
Such temporary certificate of occupancy shall be
issued only in extenuating circumstances and only with the concurrent
written approval of the Township Engineer, the Department of Community
Affairs and Zoning Officer who, together, shall establish specific
terms and conditions, including, but not limited to, a timetable not
exceeding 90 days for the installation of the uncompleted site improvements,
and the receipt of a performance guarantee assuring the installation
of the improvements as indicated on the approved plat or plan, whether
or not said improvements were included within a performance bond in
accordance with § 190-902 of this chapter.
(b)
Any temporary certificate of occupancy beyond a
ninety-day time period may only be granted by the Land Use Board.
(c)
A temporary certificate of occupancy may be issued
by the Department of Community Affairs for any building or structure
not part of a site plan or subdivision application pursuant to N.J.A.C.
5:23-2.23(e).
(9)
A monthly report of the certificates of occupancy issued shall
be filed with the Tax Assessor. A record of all certificates of occupancy
pursuant to N.J.A.C. 5:23-4.5 shall be kept in the office of the Department
of Community Affairs, and copies shall be furnished on request to
any person having a proprietary or tenancy interest in the structure
of land affected. The charge for each copy shall be established by
resolution of the Township, except that there shall be no charge to
a municipal agency.
(10)
The following shall be prohibited until a certificate
of occupancy is issued by the Department of Community Affairs:
(a)
Occupancy and use of a structure erected, constructed,
restored, altered or moved when such erection, construction, restoration,
alteration or movement required a construction permit.
(b)
Occupancy and use of any enlargement to an existing
structure.
(c)
Any change of use from one category of permitted
use to another category of permitted use, in accordance with the applicable
listings of permitted uses in this chapter.
(d)
Any change in the use of a nonconforming use or
nonconforming structure.
F.
Zoning permits.
(1)
A zoning permit shall be issued by the Zoning Officer simultaneously
with or before the issuance of any construction permit or certificate
of occupancy.
(2)
Any person requesting a zoning permit shall complete a written
application on a form prescribed by the municipality. For purposes
of N.J.S.A. 40:55D-18, a person shall be deemed to have requested
a zoning permit only when each of the following has occurred:
(a)
The applicant for a zoning permit has completed
a written application for a zoning permit on a form prescribed by
the municipality, and the said application has been deemed complete
by the Zoning Officer or his or her designee;
(b)
The fee for the zoning permit has been paid to
the municipality; and
(c)
The applicant has supplied the Zoning Officer with
all supporting data reasonably requested by the Zoning Officer.
(3)
Upon the applicant's satisfaction of the requirements of § 190-1002F(2)
hereinabove, the application for a zoning permit shall be deemed complete,
and the Zoning Officer shall affix a stamp or other marking on the
application indicating:
(4)
The applicant shall cooperate with the Zoning Officer's efforts
to evaluate and issue a decision upon the application for a zoning
permit.
(5)
The applicant's failure to submit a complete application, or
to cooperate with the Zoning Officer's efforts to evaluate and issue
a decision thereon, shall constitute grounds for denial of an application.
G.
Grading plans for single-family and two-family dwellings.
(1)
Unless waived by the Township Engineer, no construction permit
shall be issued for a single-family or two-family dwelling unless
a grading plan which is approved by the Township Engineer and found
to be consistent with any final grading plan approved by the Land
Use Board as part of a variance, subdivision or site plan application
has been provided and the required fees and guarantees have been deposited
with the Township.
(2)
Any applicant for a building permit for a single-family or two-family
dwelling shall submit a grading plan to the Township Engineer and
shall apply the following principles of soil erosion and stormwater
control in preparing the grading plan:
(a)
Where feasible, natural vegetation shall be retained
on site.
(b)
Stripping and/or removal of vegetation, grading
or other soil disturbances shall be done in a manner which will minimize
soil erosion and stormwater runoff.
(c)
The extent of the disturbed area and the duration
of its exposure shall be kept within practical limits.
(d)
Either temporary seeding, mulching or other suitable
stabilization measures shall be used to protect exposed critical areas
during construction and other land disturbances.
(e)
Drainage provisions shall accommodate increased
on-site runoff from modified soil and surface condition both during
and after site development.
(f)
Stormwater runoff leaving the site shall be controlled
according to sound engineering design standards and shall be retained
on site wherever possible to facilitate groundwater recharge. In no
event shall the rate of runoff from the site be increased from its
predevelopment condition.
(g)
Sediment shall be retained on site.
(h)
Diversion, settlement basins and similar required
structures shall be installed prior to any on-site grading or disturbance.
(3)
Details required for grading plans.
(a)
Every grading plan shall be drawn at a scale of
not greater than one inch equals 50 feet and prepared by a New Jersey
licensed professional engineer or licensed architect, including accurate
lot lines certified by a New Jersey licensed professional land surveyor,
and submitted on one of four of the following standard sheet sizes:
8 1/2 inches by 13 inches, 15 inches by 21 inches, 24 inches
by 36 inches, or 30 inches by 42 inches.
(b)
A statement shall be included on each grading plan,
where applicable, verifying that the grading plan for this lot is
in compliance with the conditions of any variance, subdivision or
site plan approved by the Land Use Board and with the final grading
plan of said approved variance, subdivision or site plan.
(c)
Each grading plan shall be prepared in sufficient
detail to show the following information except as waived by the Township
Engineer:
[1]
The location of the house in relation to the zoning
district setbacks and property lines and any existing and proposed
driveways, sidewalks, septic systems, utilities or other structures.
[2]
Existing and proposed grades at two-foot contour
intervals.
[3]
Spot elevations at house corners, driveway, first
floor, garage and basement elevations, lot corners, center line of
street, edge of pavement and any other locations as necessary.
[4]
Any proposed driveway shall comply with the provisions
of § 190-510 of this chapter of the Township of Allamuchy.
The applicant shall submit a profile of the proposed driveway and
typical pavement detail. The grade of any such driveway shall not
exceed 15%.
[5]
Detail of driveway and street intersection.
[6]
The location of the one-hundred-year floodplain
or certification that the property is not in a floodplain by the engineer
or land surveyor, and location of any wetlands and transition areas
or a certification by the engineer or land surveyor indicating that
the property is not in the wetlands.
[7]
Limits of clearing and disturbed areas. All wooded
areas and any existing trees exceeding six inches in diameter at a
point four feet above the existing grade line, which trees are located
within the clearing limits and 10 feet beyond the outer limits of
the disturbed area, shall be shown.
[8]
Soil erosion and sediment control plans shall include,
but not be limited to, wheel-cleaning blankets, location of sediment
filter fences, temporary and permanent seeding, general notes and
any other requirement of the Township Engineer.
[9]
The existing surface drainage pattern shall include
but not be limited to swales, ditches, brooks or other drainage patterns,
and how they affect the subject property. Any proposed changes in
the existing surface drainage pattern which will result from the construction
of the dwelling proposed for the subject property shall be shown.
[10]
The proposed location of all roof leader drains.
[11]
The location of any existing or proposed stormwater
sewer system.
[12]
The location of any retaining walls with top and
bottom of wall elevations. Plans, profiles, cross sections, and details
of all retaining walls showing the height of wall, the elevation at
the top and bottom of each wall, the materials to be used, a profile
and cross section of the wall, any proposed plantings, any safety
barriers, calculations of anticipated earth and hydrostatic pressures
and surcharges, and calculations detailing the wall design shall be
provided unless such documents were reviewed and approved as part
of a subdivision or site plan application. All plans, details, and
calculations shall be prepared, signed, and sealed by a licensed professional
engineer.
[13]
The location and grading of sewerage facilities to be either a house lateral or an on-site sewage disposal system in accordance with Chapter 238, Sewage Disposal Systems, Individual, of the Township of Allamuchy Code and approved by the Health Department (a copy of the approved septic system shall accompany the plan).
[14]
Lot and block numbers as per the tax assessment
map.
[15]
The location and extent of any "critical areas,"
as defined in § 190-203 of this chapter.
[16]
Any other detail deemed necessary for approval
by the Township Engineer.
(4)
In addition to the above required grading plan, the applicant
also shall provide a complete set of architectural plans for the new
dwelling unit, signed and sealed by a licensed architect.
(5)
The applicant shall submit three copies of the grading plan
and associated fees to the Department of Community Affairs. The Department
of Community Affairs shall forward the plans to the Township Engineer,
who shall make a report to the Department of Community Affairs within
20 days of receipt of the plans. Failure to approve the grading plan
within 20 days of submission to the Township Engineer shall give the
Department of Community Affairs the right to issue a construction
permit without receipt of such approval.
(6)
No certificate of occupancy shall be issued for a single-family
or two-family dwelling unless the lot has been developed in accordance
with the approved grading plan.
(a)
A foundation location survey, signed and sealed
by a licensed land surveyor, shall be submitted to the Township Engineer
prior to the framing of the dwelling. The Township Engineer shall
report to the Department of Community Affairs within seven days of
receipt of the foundation location survey if the foundation, as shown
on the survey, was not constructed at the location and elevation approved
by the Township Engineer.
(b)
An as-built drawing shall be submitted to the Township
Engineer for review, unless waived by the Township Engineer. The Township
Engineer shall report to the Department of Community Affairs within
15 days of receipt of the as-built drawing that the work has been
completed in accordance with the grading plan.
(7)
Fees and costs.
(a)
There shall be paid at the time of submittal of
the grading plan a review fee of $200, except when the grading plan
includes or requires a retaining wall(s), the review fee shall be
$500. If the plan is returned for corrections, an additional fee of
$75 shall be paid for each resubmission within 30 days of the return
of the rejected grading plan. If the resubmission is made after more
than 30 days, a new fee will be required.
(b)
In addition to the review fee, the applicant shall
pay a fee of 2%, not to exceed $300 of the estimated cost for all
soil erosion measures, stormwater management and site improvements.
This fee shall be determined by the Township Engineer. This fee shall
be put in escrow to defray the cost of inspections, legal or engineering
work. If the escrow does not cover said costs, then additional fees
will be required. Failure to do so shall stay the issuance of a certificate
of occupancy. Any remaining monies shall be returned to the applicant.
A prospective purchaser, prospective mortgagee or any other
person interested in any land in the Township which has been part
of a subdivision since July 14, 1973, may apply in writing to the
Administrative Officer for the issuance of a certificate certifying
whether or not such subdivision has been duly approved by the Land
Use Board.
A.
Such application shall contain a diagram showing the location
and dimension of the land to be covered by the certificate and the
name of the owner thereof. A fee in accordance with § 190-901
of this chapter shall be paid to the Administrative Officer on behalf
of the Township for the requested certificate.
B.
The Administrative Officer shall make and issue such certificate
within 15 days after receipt of the written application and accompanying
fee. The Administrative Officer shall keep a duplicate copy of each
certificate, consecutively numbered, including a statement of the
fee received, in a binder as a permanent record in his or her office.
C.
Each certificate shall be designated a "certificate as to approval
of subdivision of land" and shall certify:
(1)
Whether there exists a duly established Land Use Board and whether
there is a duly adopted ordinance controlling the subdivision of land;
(2)
Whether the subdivision, as it relates to the land shown in
the application, has been approved by the Land Use Board and, if so,
the date of such approval; any conditions attached to such approval
and any extensions and terms thereof showing that the subdivision
of which the subject lands are a part is a validly existing subdivision;
and
(3)
Whether such subdivision, if the same has not been approved,
is statutorily exempt from the requirements of approval as provided
in N.J.S.A. 40:55D-1 et seq. and as defined in this chapter.
A.
Fines.
(1)
Any violation of any provision of this chapter shall, upon conviction thereof, be liable to the general penalty in Chapter 1, Article II, General Penalty, of the Township Code. The following individuals shall be subject to potential punishment:[1]
(2)
Each day that a violation continues shall constitute a separate
offense.
(3)
The imposition of penalties herein shall not preclude the Township
or any other person from instituting an action to prevent an unlawful
construction, reconstruction, alteration, repair, conversion or use,
or to restrain, correct or abate a violation, or to prevent the illegal
occupancy of a building, land or premises.
B.
Injunctive relief. In addition to the foregoing, the Township
may institute and maintain a civil action for injunctive relief.
A.
If before final subdivision has been granted any person, as
owner or agent, transfers or sells or agrees to transfer or sell any
land which forms a part of a subdivision for which municipal approval
is required in accordance with the provisions of this chapter, except
pursuant to an agreement expressly conditioned on final subdivision
approval, such person shall be subject to a penalty not to exceed
$1,000, and each lot disposition so made may be deemed a separate
violation.
B.
In addition to the foregoing, the Township may institute and
maintain a civil action:
(1)
For injunctive relief; and
(2)
To set aside and invalidate any conveyance made pursuant to
such a contract or sale if a certificate of compliance has not been
issued in accordance with N.J.S.A. 40:55D-56.
(a)
In any such action, the transferee, purchaser or
grantee shall be entitled to: 1) a lien upon the portion of the land
from which the subdivision was made that remains in the possession
of the developer or his assigns or successors; 2) the return of any
deposits made or purchase price paid; and 3) a reasonable search fee,
survey expense and title closing expense, if any.
(b)
Any such action must be brought within two years
after the date of the recording of the instrument of transfer, sale
or conveyance of said land or within six years, if unrecorded.
