Township of Winslow, NJ Article VIII Administration and Enforcement

§ 246-26 Inspections.

[Amended 11-27-70 by Ord. No. 0-15-70; 6-25-71 by Ord. No. 0-7-71; 2-18-76 by Ord. No. 0-9-76[1]]

All work within the right-of-way lines of any street shall be performed under inspection of the Township of Winslow, except water mains and house connections, which shall be inspected by the Winslow Township Water Department. The Township of Winslow will provide inspection on all work to be performed within the right-of-way lines of any street on a forty-eight-hour notice. Any work rejected by the Inspector shall not be accepted by the township. Rejection of any materials by the Inspector shall require such materials to be removed immediately from the site of the work. The use, in the work, of any rejected material, shall cause such work or structures to be rejected by the township. Any work done without inspection by the township shall be rejected as not acceptable by the township. Samples of materials used shall be taken by the inspectors for laboratory tests.

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

§ 246-27 Interpretation of provisions.

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 of Winslow. Any action taken by the governing body and the Planning Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that because of peculiar conditions pertaining to his land the literal enforcement of one (1) or more of these regulations is impracticable or will exact undue hardship, the Planning Board and governing body may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.

§ 246-28 Violations and penalties.

A. If, before favorable referral and final approval has been obtained, any person transfers, sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board and the governing body are required to act, such person shall be subject to a fine not to exceed two hundred dollars ($200.) or to imprisonment for not more than thirty (30) days, and each parcel, plot or lot so disposed of shall be deemed a separate violation.

B. In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet requirements for a building permit under Section 3 of the Official Map and Building Permit Act (1953),[1] the municipality may institute and maintain a civil action:

(1) For injunctive relief.

(2) 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 Section 24 of Chapter 433 of the Laws of 1953,[2] but only if the municipality has a Planning Board or a committee thereof with power to act and which:

(a) Meets regularly on a monthly or more frequent basis; and

(b) Whose governing body has adopted standards and procedures in accordance with Section 20 of Chapter 433 of the Laws of 1953.[3]

[3] Editor's Note: Section 20 of Chapter 433 of the Laws of 1953 (N.J.S.A. 40:55-1.20) was repealed by Chapter 291 of the Laws of 1975, which enacted the Municipal Land Use Law. For current statutory provisions, see N.J.S.A. 40:55D-38 through 55D-41 and 55D-44.

[2] Editor's Note: Section 24 of Chapter 433 of the Laws of 1953 (N.J.S.A. 40:55-1.24) was repealed by Chapter 291 of the Laws of 1975, which enacted the Municipal Land Use Law. For current statutory provisions pertaining to such certificates of compliance, see N.J.S.A. 40:55D-56.

[1] Editor's Note: The Official Map and Building Permit Act (1953) was repealed by Chapter 291 of the Laws of 1975, which enacted the Municipal Land Use Law. For provisions formerly covered under Section 3 (N.J.S.A. 40:55-1.32), see N.J.S.A. 40:55D-32, 55D-38, 55D-41 and 55D-48.

C. 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 (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years if unrecorded.