A.
The governing body shall enforce this chapter.
B.
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, the Mayor and Council
and its agents or an interested party, in addition to other remedies,
may institute any appropriate action or proceeding 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; or to prevent any illegal act, conduct, business or use in and
about such premises.
C.
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 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; or to prevent any illegal act, conduct, business or use in
or about such premises. Any person convicted of such violations before
a court of competent jurisdiction shall be subject to a penalty not
to exceed $1,000 or to imprisonment for a period not exceeding 90
days or a period of community service not exceeding 90 days, or any
combination thereof, and each day shall be deemed a separate violation.[1]
D.
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 or agent, any land which forms 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
$1,000, and each lot disposition so made may be deemed a separate
violation.
E.
In addition to the foregoing, the Township may institute
and maintain a civil action for injunctive relief and set aside and
invalidate a conveyance made pursuant to such a contract of sale if
a certificate of compliance has not been issued in accordance with
N.J.S.A. 40:55D-56.
F.
Whenever it shall come to the attention of either
the Planning Board or the Board of Adjustment that action was taken
by such Board based upon fraud or misrepresentation by or on behalf
of the applicant as to a material fact, such Board shall have the
right to rescind its previous action and to order revocation of any
approval, permit or certificate theretofore granted upon such fraud
or misrepresentation. Such rescission and revocation shall remain
in effect unless and until such Board shall reinstate such approval
following a hearing thereon granted to the applicant within 10 days
of any requests therefor by the applicant. The rights of a rescission
and revocation set forth in this subsection shall be in addition to
the right to proceed under the other subsections of this section.
