[Ord. No. 97-01 § 47]
In the interpretation and application of the provisions of this
chapter, such provisions shall be minimum standards, adopted for promoting
the health, safety and general welfare of the municipality.
[Ord. No. 97-01 § 48]
Whenever the requirements of this chapter as amended from time
to time are in conflict with the requirements of any other lawfully
adopted rules, regulations or ordinances, the most restrictive or
those imposing the higher standards shall govern.
[Ord. No. 97-01 § 49]
Any owner or agent, and any person or corporation, who shall
violate any of the provisions of this chapter, as amended from time
to time, or fail to comply therewith or with any of the requirements
thereof, or who shall erect, structurally alter, enlarge, rebuild,
or move any building or buildings or any structure, or who shall put
into use any lot or land in violation of any detailed statement or
plan submitted and approved hereunder, or who shall refuse reasonable
opportunity to inspect any premises and who shall fail to abate such
violation or refusal within five (5) days after written notice has
been served upon him, either by mail, or by personal service, shall
upon conviction be liable to one or more of the following: a fine
of not more than one thousand ($1,000.00) dollars; imprisonment for
any term not exceeding ninety (90) days from the violation thereof.
Each and every day such violation continues shall be deemed a separate
and distinct violation.
The five (5) day notice provision shall not be applicable to
a second or subsequent offense within a three (3) year period involving
the same property and the same or similar subject matter as the first
offense. Such second or subsequent violation will be considered to
be a repeat offense. For such repeat offenses a violation may be cited
without prior notice.
[Ord. No. 97-01 § 50]
If any section, subsection, paragraph, clause, phrase or provision
of this chapter or the location of any zone boundary shown on the
zoning map that forms a part hereof shall be adjudged invalid or held
unconstitutional, the same shall not affect the validity of this chapter
as a whole or any part of the provisions hereof other than the part
so adjudged to be invalid or unconstitutional.
[Ord. No. 97-01 § 51]
This chapter shall take effect upon enactment and publication
in the manner provided by law.
[Ord. No. 97-01 § 52]
Notwithstanding anything to the contrary contained in this chapter,
as amended from time to time, any variance granted prior to the effective
date of this chapter in connection with which either minor subdivision
approval, preliminary or final subdivision approval and/or preliminary
or final site plan approval was obtained shall remain in full force
and effect to the extent and for the time periods set forth in N.J.S.A.
40:55D-47, N.J.S.A. 40-55D-49 and N.J.S.A. 40:55D-52.
However, notwithstanding the foregoing, any variance approval
granted prior to the effective date of this chapter shall remain in
full force and effect for a minimum of the greater of two years from
the date the variance was granted or one year from the effective date
of this chapter providing construction or use is commenced within
that period of time.
Additionally, nothing contained in this chapter shall prevent
a single-family residence from being erected on a lot within a recorded
subdivision approved by the Planning Board of the Borough of Farmingdale
prior to the effective date of this chapter or affect the placement
of the structure on the lot providing the lot meets the lot area requirements
of the ordinance in effect at the time of the subdivision approval
and further, providing that the structure itself does not encroach
on any front, rear or side yard setback requirements of the ordinance
in effect at the time of the subdivision approval, and further providing
that the subdivision approval has not lapsed either by way of Statute,
ordinance, or action of the Borough.
