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Township of Franklin, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Franklin 12-14-1999 by Ord. No. 3090; amended in its entirety 6-27-2000 by Ord. No. 3142 (Ch. 219 of the 1990 Code). Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Tenant's and Home Buyer's Protection Code of the Township of Franklin."
This chapter shall be administered, regulated and enforced by the Zoning Officer of the Township. The Zoning Officer shall be responsible for the administration and enforcement of the provisions of this chapter.
Any owner or seller of land within the Township who has obtained a signed site plan for 10 or more residential units or a preliminary approval to subdivide the land into 10 or more contiguous plots or tracts to construct homes thereon or has obtained an approval to develop his or her land under the so-called planned unit development concept shall, prior to the sale of the lots or homes, maintain a sales office within the Township.
The sales office shall have prominently displayed therein a sales map in such place in the office that the same may be observed and reviewed by any persons calling at the office.
The sales map shall be a complete set of site plans or subdivision plans approved by the Planning Board or the Zoning Board of Adjustment, signed by the Board Secretary.
The sales map shall be obtained by the owner or agent of the property, who shall have such approved sales map displayed within their sales office, within the Township, prior to the sale of any lot.
The Zoning Officer shall review each sales map displayed pursuant to the terms of this chapter not less than once every six months.
Upon the completion of sale of all properties within a subdivision, and prior to the release of the performance guaranty, the developer/seller shall submit a signed affidavit to the Zoning Officer stating that the following information is true:
The sales map was on display and available for inspection by the public in the sales office at all times.
All purchasers had a reasonable opportunity to study and review the sales map.
The owner or seller did not refuse or decline to answer any questions directed to him or her pertaining to the sales map.
The purchaser or seller waives any potential claim or cause of action in law and equity which he or she may have against the Township as a result of any error, omission or inaccuracy in the information supplied by it and for any defects which may occur in connection with any construction related to the development.
Any person offering the rental of any residential property, excepting dwellings with less than four rental units, shall provide every tenant with a copy of the New Jersey New Residential Construction Off-Site Conditions Disclosure Act[1] prior to the signing of the initial lease.
Editor's Note: See N.J.S.A. 46:3C-1 et seq.
If any person engages in the sale of lots within a subdivision of any property, as described herein, without first displaying the sales map as required herein, the owner of the subdivision shall be subject to the penalties included in Chapter 1, Article II, General Penalty, per day for each day that the sales map is not displayed as required herein, and each day shall be deemed a separate violation of this chapter.
In addition to the foregoing, if any person continuously for a period of five days or more fails and refuses to comply with the requirements of this chapter, the Township may institute and maintain action for injunctive relief to prohibit the continued sale of lots or rental of units until compliance with this chapter is completed.