This chapter shall be enforced by the Land Use
Officer or the Construction Official of the Township of Howell or
the Zoning Inspector of the Township of Howell or the Code Enforcement
Officer of the Township of Howell.
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 ordinance
or other regulation made under authority conferred hereby, the proper
local authorities of the municipality 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, to prevent any illegal act, conduct, business or use in or
about such premises.
A.
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 ordinance pursuant to
this chapter, such person shall be subject to a penalty not to exceed
$1,500, and each lot disposition so made may be deemed a separate
violation.
[Amended 4-28-2009 by Ord. No. O-09-17]
B.
Every person, firm or corporation who shall violate
any provision of this chapter shall for each and every violation be
subject to a fine of not more than $1,500 or imprisonment in the county
jail or in any place provided by the municipality for not more than
90 days or both, in the discretion of the court or judicial officer
before whom a conviction may be had. Each and every day that such
violation continued shall be considered a separate and specific violation
of this chapter.
[Amended 4-28-2009 by Ord. No. O-09-17]
D.
If the developer or agent of the developer, after notification by
certified mail from the Township Engineer, fails to cease the construction
of improvements, fails to cease the use of certain construction methods
and procedures or fails to cease the use of or lack of use of site
maintenance methods and procedures which may result in hazards to
life, health or property, or continues to carry on the activities
specifically prohibited in the cessation order(s) of the Township
Engineer, then any such developer or agent of such developer shall
be subject to the maximum fines and penalties established under N.J.S.A.
40:49-5, and as same shall be amended from time to time. Each and
every day that a developer or agent of a developer operates in violation
of this chapter after issuance of a cessation order by the Township
Engineer shall be considered a separate and specific violation.
[Added 2-4-2014 by Ord. No. O-13-40]
E.
Enforcement of conditions in a development approval.
[Added 2-4-2014 by Ord. No. O-13-40]
(1)
In
the event that the Construction Official, Land Use Officer, Zoning
Officer or Code Enforcement Officer of the Township determines that
any condition contained in a resolution or court order approving an
application for development or any condition shown on any map that
is part of a development approval is being violated, he/she shall
notify the property owner, in writing, of his/her findings and order
that the violation be corrected within 30 days of the notice. Conditions
contained in a resolution approving an application for development
and conditions shown on any map that is part of a development approval
shall be deemed to be continuing conditions, and the property owner
or subsequent transferees of the real property shall be responsible
for the maintenance, replacement and repair of any improvements required
by such conditions, including, but not limited to, the replacement
of any required plantings which fail to survive.
(2)
If
the property owner fails to correct the violation within the time
provided in the notice, or within such further time as may be allowed,
summons will be issued for violation of this chapter and the owner
shall be subject to a fine in the amount of $1,500 for each violation.
The enforcing official is further authorized to revoke the certificate
of occupancy or certificate of approval for the property and require
that it be vacated.
A.
This chapter shall be interpreted as setting forth the minimum requirements for promoting the health, safety and welfare of the citizens of the Township of Howell in the areas of land use and development. In the event that a subject is regulated generally under Articles II through VII of this chapter and specifically under another article, then the specific regulation shall control.
B.
Whenever the requirements of this chapter conflict
with the requirements of any other lawfully adopted rules, regulations,
ordinances or statutes, the most restrictive or those imposing the
higher standards shall govern.
C.
If this chapter shall be held to be invalid, unconstitutional
or void in its entirety, then the Zoning Ordinances and Land Subdivision
Ordinances which were effective immediately prior to the adoption
of this chapter shall be deemed to be the Land Use and Development
Ordinances for the Township of Howell. The various provisions of this
chapter are deemed to be severable and if any section, sentence, clause
or phrase is found to be invalid, unconstitutional or void, the balance
of the chapter shall remain in effect.
Building permits, site plan approvals and zoning
variances outstanding: Nothing in this chapter shall require any change
in a building permit, site plan or zoning variance which was approved
before the enactment of this chapter, provided that construction based
on said approval shall have been started within 90 days following
the effective date of this chapter and shall be continuously pursued
to completion; otherwise said approval shall be void.
No approval shall be given on any application
for development until such time as the applicant shall submit proof
of no taxes or assessments for local improvements are due or delinquent
on the property for which an application for development is made.
Applications pending before any board which
have been submitted in accordance with prior ordinances of the Township
of Howell are not preserved and shall not be approved unless in conformity
with the provisions of this chapter.
