Township of Old Bridge, NJ Chapter 103 Conservation Easements, Notification of

[HISTORY: Adopted by the Township Council of the Township of Old Bridge 1-17-1994 by Ord. No. 5-94 (Sec. 4-29 of the 1973 Revised General Ordinances). Amendments noted where applicable.]

§ 103-1 Condition for issuance of certificate of occupancy or continued use.

As an additional condition for the issuance of a certificate of occupancy (required under Old Bridge Township Code § 26-2) or a certificate of continued use (required under Old Bridge Township Code § 26-3), the Code Enforcement Office of the Department of Community Development shall determine whether the lot (improved or unimproved) to be sold or transferred is burdened by a conservation easement or is adjacent to property owned by a homeowners' association which contains a conservation easement.

§ 103-2 Notification to purchaser of lot burdened by conservation easement.

In the event the lot or parcel of land to be sold or transferred is burdened by a conservation easement, a notice in the form attached to this chapter as CEN-A[1] shall be personally delivered by the seller(s) or their agent to the purchaser(s).

[1] Editor's Note: CEN-A is on file in the Township offices.

§ 103-3 Notification to purchaser of lot adjacent to land owned by homeowners' association burdened by conservation easement.

In the event the lot or parcel of land to be sold or transferred is adjacent to lands owned by a homeowners' association which are burdened by a conservation easement, the seller(s) or their agent shall personally deliver to the purchaser(s) a notice in the form attached to this chapter as CEN-B.[1]

[1] Editor's Note: CEN-B is on file in the Township offices.

§ 103-4 Acknowledgement of receipt of notice.

Prior to the issuance of a certificate of occupancy under Old Bridge Township Code § 26-2 or prior to the issuance of a certificate of continued use under Old Bridge Township Code § 26-3, the seller shall deliver an acknowledgement of receipt of the notice required by this chapter which is signed by the purchaser(s) and which is certified by the seller(s) or their agent to be the true and verified signature of the purchaser(s). In the event the purchaser(s) refuses to execute the acknowledgement required hereunder, the seller(s) and any other persons having relevant knowledge shall certify under oath that the notice of CEN-A or CEN-B, as the case may be, was personally delivered to the purchaser(s) but that the purchaser(s) has refused to acknowledge same.

§ 103-5 Applicability to all sales of property.

This chapter shall apply to all sales of property (including resales) and shall not be limited to the first sale of lots in a residential subdivision to an individual home buyer.

§ 103-6 Violations and penalties. [1]

Any person found guilty by the Municipal Court of the Township of Old Bridge for failure to abide by the forms of this chapter shall be subject to the penalty set forth in Chapter 1, Article II, Penalty.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).