[Ord. No. 751 § 35-1]
a. 
Zoning Permits. No land shall be occupied or used, in whole or in part, nor shall any building be erected, altered or used for any purpose whatsoever unless and until a zoning permit for said use shall have been issued by the Zoning Officer; provided, however, that no zoning permit shall be required for any customary accessory use, for the use of any building or structure for which a Certificate of Occupancy has been granted by the Construction Official or for the use of any land for which a Certificate of Occupancy has been granted by the Zoning Officer. The issuance of a building permit shall be considered to include a zoning permit.
b. 
Certificates of Occupancy.
1. 
No land shall be occupied for use for storage, construction, manufacturing, processing or other commercial purposes, including the parking of motor vehicles or mobile equipment, until a Certificate of Occupancy shall have first been applied for and issued by the Zoning Officer.
2. 
No building or structure hereafter constructed, moved, altered or enlarged shall be used or occupied until a Certificate of Occupancy therefor has first been applied for and issued by the Construction Official.
3. 
No Certificate of Occupancy for any land or structure shall be granted until all required improvements or conditions of approval have been met, installed or completed. A Temporary Certificate of Occupancy may be issued, but only for a specific period, upon such conditions as the Borough Engineer may impose, such as bonding, to ensure the completion or installation of any such improvements unfinished because of weather or unforeseen delay. The installation of any required public or private improvements may also be delayed if the Borough Engineer warrants in writing to the Construction Official that the delay is in the best interests of the Borough of Peapack and Gladstone.
c. 
Conditions for Issuance of Permits and Certificates. No building permit, zoning permit or Certificate of Occupancy shall be granted in appropriate instances by either the Construction Official or the Zoning Officer until either or both, as circumstances may require, has or have ascertained that all requirements of this chapter, the Uniform Construction Code and any other applicable Borough ordinances, State laws and administrative regulations, and necessary resolutions of the Mayor and Governing Body have been duly complied with.
d. 
Contents of Permits and Certificates. A zoning permit or Certificate of Occupancy shall specify the use of the land, building or buildings, as the case may be, and any terms or conditions imposed thereunder.
e. 
Records. It shall be the duty of the Zoning Officer and the Construction Official, respectively, to keep records of all applications for building permits, zoning permits and Certificates of Occupancy and of all such permits and certificates issued, together with a notation of all special terms or conditions imposed thereunder. Each shall be responsible for the filing and safekeeping of plans and specifications submitted to him or her with any application, and the same shall form a part of the records of his or her office and shall be available to all officials of the Borough of Peapack and Gladstone.
[Ord. No. 751 § 35-2]
a. 
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, the Borough 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.
b. 
It shall be the responsibility of an applicant to maintain and enforce all conditions required by the Board as set forth in the resolution of approval, minutes of the Board or on the site plan or subdivision plat submitted as part of the application. Failure to do so shall be considered a violation of this chapter.
[Ord. No. 751 § 35-3]
a. 
General. 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 Borough approval is required, such person shall be subject to a penalty not to exceed one thousand ($1,000.00) dollars and each lot disposition so made may be deemed a separate violation.
b. 
Specific Relief.
1. 
In addition to the foregoing, the Borough 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 of the Municipal Land Use Law.
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 expenses and title closing expenses, 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, as set forth in N.J.S.A. 40:55D-55.
c. 
Other Penalties. If any person owning, leasing, occupying or having charge of any premises violates any of the zoning provisions, that person, upon conviction thereof, shall be punished by one or more of the following: a fine not less than $300 nor more than $2,000, imprisonment for a term not to exceed 90 days or a period of community service not to exceed 90 days for each offense. A separate offense shall be deemed committed on each day during or on which such violation is permitted to exist.
[Amended 4-7-2020 by Ord. No. 1088-2020]