A short form by which this chapter may be known shall be the
"Land Use Ordinance of the Township of Mount Olive."
A.
The purposes of this chapter are to establish a pattern for the use
of land and buildings based on the land use element of the Master
Plan and to effectuate the Master Plan enacted in order to encourage
municipal action to guide the appropriate development of land in a
manner which will promote the public health, safety, morals and general
welfare of the people. This chapter is intended to regulate the use
of land within zoning districts; to secure safety from fire, flood,
panic and other natural and man-made disasters; to provide adequate
light, air and open space; to limit and restrict buildings and structures
to specified districts and to regulate buildings and structures according
to their type and the nature and extent of their use; to regulate
the nature and extent of the use of land for trade, industry, residence,
open space or other purposes; to regulate the bulk, height, number
of stories and size of buildings and other structures; to avoid conflict
with the development and general welfare of neighboring municipalities,
the county and the state; to establish appropriate population densities
and concentrations contributing to the well-being of persons, neighborhoods,
communities and regions and to the preservation of the environment;
to preserve aquifers; to provide sufficient space for agricultural,
residential, recreational, commercial and industrial uses and open
space; to encourage the location and design of transportation routes
which will promote the free flow of traffic while discouraging the
location of such facilities and routes which result in congestion
or blight; to promote a desirable visual environment; to promote the
conservation of open space and valuable natural resources and prevent
urban sprawl and degradation of the environment through improper use
of land; and to encourage coordination of various public and private
procedures and activities shaping land development with a view of
lessening the cost of such development and to the more efficient use
of land.
B.
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision in the Township of Mount Olive
in order to promote the public health, safety, convenience and general
welfare of the municipality. It shall be administered to ensure the
orderly growth and development, conservation, protection and proper
use of land and adequate provisions for circulation, utilities and
services.
A.
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 act 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; to prevent any illegal act, conduct of business or use in or
about such premises.
B.
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 Township 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.
C.
Other actions.
(1)
In addition to the foregoing, the Township may institute and maintain
a civil action:
(a)
For injunctive relief; and
(b)
To set aside and invalidate any 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, but only if the municipality
has a Planning Board and has adopted, by ordinance, standards and
procedures in accordance with N.J.S.A. 40:55D-38.
(2)
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 developer or his assigns
or successors to secure the return of any deposits 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.
D.
Any owner or agent and any person or corporation who shall violate
any of the provisions of this chapter or fail to comply therewith
or with any of the requirements thereof or who shall erect, structurally
alter, enlarge, rebuild or move any building or buildings or any structure
or who shall put into use any lot or land in violation of any detailed
statement or plan submitted and approved hereunder or who shall refuse
reasonable opportunity to inspect any premises and who shall fail
to abate such violation or refusal within 10 days after written notice
has been served upon him, either by mail or by personal service, upon
conviction, shall be liable to a fine not to exceed $500 or imprisonment
for a term not to exceed 90 days, or both such fine and imprisonment.
Each and every day that such violation continues shall be deemed a
separate and distinct violation.
E.
The owner of any building or structure, lot or land or part thereof
where anything in violation of this chapter shall be placed or shall
exist and any architect, builder, contractor, agent, person or corporation
employed in connection therewith and who may have assisted in the
commission of any such violation shall each, upon conviction thereof,
be liable to the fine or imprisonment, or both, hereinbefore specified.
G.
Any person convicted of a violation of any provision of this chapter
shall be liable for the cost of correcting said violation.
These regulations shall not be construed as abating any action
now pending under or by virtue of prior existing subdivision, site
plan or zoning regulations or as discontinuing, abating, modifying
or altering any penalty accruing or about to accrue or as affecting
the liability of any person, firm or corporation or as waiving any
right of the Township under any section or provision existing at the
time of adoption of this chapter or as vacating or annulling any rights
obtained by any person, firm or corporation by lawful action of the
Township, except as shall be expressly provided for in this chapter.
