Township of Lacey, NJ Article VII Interpretation and Enforcement

§ 297-51 Interpretation and application.

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 Lacey. Any action taken by 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.

§ 297-52 Violations and penalties.

A. If, before favorable referral and final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by this chapter, the Planning Board or the Township Committee is required to act, such person shall be guilty of a violation and, upon conviction thereof, for each and every violation, be subject to a fine of not more than five hundred dollars ($500.) or be imprisoned in the county jail for a period not exceeding ninety (90) days, or both, at the discretion of the Township Municipal Judge.

B. In addition to any other penalty for the violation of this chapter, the Township may institute and maintain a civil action for injunctive and other relief as provided for by the laws of the State of New Jersey.

C. Each parcel, plot or lot so disposed of as mentioned in Subsection A above shall be deemed a separate violation.

D. Each day that a violation is permitted to exist shall constitute a separate offense.

§ 297-53 Certificates showing approval.

[Added 12-18-1980 by Ord. No. 32-80; amended 7-11-1991 by Ord. No. 36-91]

A. Any interested party, as defined in N.J.S.A. 40:55D-56, may apply to the Zoning Officer for a certificate certifying whether or not a subdivision has been approved by the Planning Board for a parcel located in Lacey Township. Such application shall contain a diagram showing the location and dimensions of the land to be covered by the certificate and the name of the owner thereof.

B. The Zoning Officer shall make and issue such certificate within fifteen (15) days after receipt of such written application and the fees established by the Board therefor.

C. The certificate shall be designated as a certificate as to approval of subdivision of land and shall certify:

(1) That there is a duly established Planning Board in Lacey Township and that there was and is an ordinance governing subdivision of land adopted pursuant to this Act.

(2) Whether or not the subdivision as it relates to the land shown in the application has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof showing that subdivision of which lands are a part is a validly existing subdivision.

(3) Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirements of approval as provided in the Municipal Land Use Law.[1]

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

(4) The Zoning Officer shall be entitled to demand and receive for such certificate those fees not in excess as provided by law.