These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. Any action taken by the Township under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. Moreover, if an applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the appropriate municipal agency may permit such exception or exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
A. 
Construction Official and Municipal Land Use Official (MLUO). It shall be the duty of the Construction Official and MLUO of the Township to administer and enforce the provisions of this chapter. No structure shall be erected until a construction permit is obtained from the Construction Official, and no structure or lot shall be used in violation of this chapter. It shall be the duty of the Construction Official to keep a record of all applications and all construction permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the Township public records. A monthly report of construction permits issued shall be filed with the Tax Assessor. It shall be the duty of the MLUO and the Construction Official to inspect structures and land in the Township and order the owner in writing to remedy any condition found to exist in violation of any provisions of this chapter.
B. 
Construction permits. Every application for a construction permit shall be accompanied by two sets of plans drawn in ink or a blueprint showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of all existing and proposed structures, the existing or intended use of each structure, the number of dwelling units the structure is designed to accommodate, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. A construction permit shall be granted or denied within 20 days from the date of a complete application. One copy of such plans shall be returned to the owner when such plans shall have been approved or denied by the Construction Official, together with such permit as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey of the lot by a licensed land surveyor in the State of New Jersey. The lot and the location of the structures thereon shall be staked out on the grounds before construction is started. No construction permit shall be issued for any structure until prior site plan, subdivision and variance approvals as may be necessary have been granted by the appropriate municipal agencies in accordance with the provisions of this chapter.
C. 
Certificate of occupancy.
(1) 
It shall be unlawful to use or permit the use of any structure or parts thereof, either occupied by a new use or occupant or hereafter erected, altered, converted or enlarged wholly or in part, until a certificate of occupancy shall have been issued by the Construction Official. It shall be the duty of the Construction Official to issue a certificate of occupancy only when he is satisfied that the structure or parts thereof and the proposed use conform to this chapter and all other applicable codes and ordinances of the Township.
(2) 
A certificate of occupancy shall be granted or denied in writing within 10 days from the date that a written notification is filed with the Construction Official that the erection of the structure is completed.
(3) 
Should the Construction Official decline to issue a certificate of occupancy, his reason for doing so shall be so stated on two copies of the application and one copy shall be returned to the applicant.
(4) 
Upon notice being served of any condition found to exist in violation of any provisions of this chapter with respect to any land use, the certificate of occupancy for such use shall thereupon, without further notice, be null and void and a new certificate of occupancy shall be required for any further use of such structure or land.
(5) 
A monthly report of the certificates of occupancy issued shall be filed with the Tax Assessor. A record of all certificates of occupancy shall be kept in the office of the Construction Official, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be established by resolution of the governing body, except that there shall be no charge to a municipal agency.
[Amended by Ord. No. 82-22]
In case any building or structure is erected, constructed, reconstructed, altered, moved or converted, or any building, structure or land is used in violation of, or contrary to, the provisions of this chapter, or of any conditions imposed upon a developer hereunder, the Township may institute an action to enjoin or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use. However, nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
[Amended by Ord. No. 82-22]
A. 
Fines.
(1) 
Any person, firm or corporation that shall violate any provisions of this chapter or of any condition imposed upon a developer hereunder shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be fined such sum not exceeding $500, as such court in its discretion may impose; or, if the party so convicted be a natural person, such person may be imprisoned for such term not exceeding 90 days, as such court in its discretion may impose, or be fined a sum not exceeding $500, as such court in its discretion may impose, or such natural person may be both imprisoned and fined not exceeding the maximum limits set forth herein, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.
(2) 
The owner of any building or structure, lot or land, or part thereof, and/or the tenant or occupant of any building or structure, lot or land, or part thereof, where anything in violation of this chapter or of any condition imposed upon a developer hereunder, shall be placed or shall exist or be suffered, allowed or permitted to exist, and any architect, builder, developer, contractor, agent, person or corporation engaged in connection therewith and who assists in the commission of any such violation, shall each be guilty of a separate violation, and upon conviction thereof shall each be liable to the fine or imprisonment, or both, specified above.
B. 
Selling land before final subdivision approval.
(1) 
If, before final subdivision approval has been granted, any person, as owner or agent, transfers or sells or agrees to transfer or sell any land which forms a part of a subdivision for which municipal approval is required in accordance with the provisions of this chapter except pursuant to an agreement expressly conditioned on final subdivision approval, 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.
(2) 
In addition to the foregoing, the Township may institute and maintain a civil action:
(a) 
For injunctive relief.
(b) 
To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
(3) 
In any such 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 subdivider or his assigns or successors, to secure the return of any deposit 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.