[Amended 9-27-2022 by Ord. No. O-22-22]
A. Any person who shall violate any of the provisions of any ordinance,
or part thereof, of the Township, upon conviction shall be subject
to a fine of not less than $500 and not more than $2,000, imprisonment
for a term not exceeding 90 days, or a period of community service
not exceeding 90 days, or any combination there in the discretion
of the Municipal Court Judge. A second offense within six months of
conviction shall have a minimum fine of $750; and a third offense
within six months of conviction shall have a minimum fine of $1,000.
Each day on which a violation of an ordinance exists shall be considered
to be a separate and distinct violation and subject to the imposition
of a separate penalty for each day of the violation, as the Municipal
Court Judge may determine.
B. The penalties set forth above shall not be the exclusive remedy available,
and nothing in this chapter shall prevent the application for and
obtaining of injunctive relief as set forth below.
(1)
In case any building or structure is erected, constructed, altered,
repaired, converted or maintained or any building, structure or land
is used in violation of this chapter or of any other ordinance or
other regulation made under authority conferred hereby, the proper
local authorities of the Township or an interested party, in addition
to other remedies, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure
or land, and to prevent any illegal act, conduct, business or use
in or about such premises.
(a)
Civil action.
[1]
In addition to the foregoing, the Township may institute and
maintain a civil action:
[a] For injunctive relief; and
[b] To set aside and invalidate any conveyance made
pursuant to a contract of sale and before final subdivision approval
has been granted if a certificate of compliance has not been issued
in accordance with N.J.S.A. 40:55D-56.
(2)
In any action, the transferee, purchaser or grantee shall be
entitled to 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, to secure the return of any deposits made or purchase
price paid, and also a reasonable search fee, survey expense and title
closing expense, if any. 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.
C. Neither the Planning Board, Zoning Board of Adjustment nor the Township
Council shall approve the application of any corporation or partnership
which does not comply with this Act.
D. The Planning Board or Zoning Board of Adjustment, as the case may
be, may by resolution rescind a prior resolution approving a subdivision
or site plan if the applicant fails to comply with the conditions
of said approving resolution or if another referring authority imposes
conditions contrary to the original resolution.