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.
[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:
(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.