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Ocean City, NJ
Cape May County
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Table of Contents
Table of Contents
All development regulations adopted pursuant to N.J.S.A. 40:55D-1 et seq., including this Ordinance, shall be construed and applied with reference to the nature and use of condominium or cooperative structures or uses without regard to the form of ownership. The further provisions of N.J.S.A. 40:55D-58 shall also apply to this Ordinance and any other development ordinance, ordinances or regulations of the municipality.
The miscellaneous provisions of N.J.S.A. 40:55D-66 of the Municipal Land Use Law are as required by said statute hereby adopted and are made applicable to this Ordinance and any other development ordinance or regulation of the municipality.
Certificates designated a "Certificate as to Approval of Subdivision of Land" shall be made and issued by the Administrative Officer of the municipality, certifying whether or not a subdivision has been approved by the Board to a prospective purchaser, prospective mortgagee, or any other interested person, as provided for and in accordance with N.J.S.A. 40:55D-56.
The Administrative Officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and N.J.S.A. 54:5-15, and such fees collected by such official shall be paid by him to the municipality. Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to § 25-900.7 of this Ordinance and N.J.S.A. 40:55D-55. The further provision of N.J.S.A. 40:55D-54 shall also apply.
The governing body shall, at least every six (6) years, provide for a general reexamination of its Master Plan and development regulations by the Planning Board, which shall prepare a report on the findings of such reexamination, and said reexamination and report shall be in accordance with the provisions of N.J.S.A. 40:55D-89. In accordance with N.J.S.A. 40:55D-90, the prohibition of development in order to prepare a Master Plan and development regulations is prohibited.
The Zoning, Subdivision, Site Plan Review Ordinances or other development ordinances, or any revision or amendment thereto, and the Official Map of the municipality shall not take effect until a copy thereof shall be filed with the County Planning Board. Copies of all development regulations and any revision or amendments thereto shall be filed and maintained in the Office of the Municipal Clerk.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this or other ordinances, pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty not to exceed one thousand dollars ($1,000.00), and each lot disposition so made may be deemed a separate violation. In addition, the municipality may institute and maintain a civil action:
a. 
For injunctive relief; and
b. 
To set aside and invalidate any conveyance made pursuant to such contract of sale if a certificate of compliance has not been issued in accordance with this Ordinance (as authorized by N.J.S.A. 40:55D-56). The further provisions of N.J.S.A. 40:55D-55 shall also apply.
The governing body shall enforce the provisions of the (Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq. and any ordinance or regulation made and adopted thereunder, including this Ordinance, in accordance with the provisions of N.J.S.A. 40:55-18.
Valuation, assessment and taxation of land receiving preliminary subdivision site plan or planned development approval or extended tentative planned unit development approval shall be in accordance with the provisions of N.J.S.A. 40:55D-59.
The municipality may, in accordance with the provisions of N.J.S.A. 40:55D-77 through N.J.S.A. 40:55D-88, inclusive, by ordinance or resolution, enter into, terminate and administer such joint agreements as therein provided.