Township of West Milford, NJ Article XII Violations and Penalties

§ 470-45 Violations.

[Amended 8-7-1996 by Ord. No. 1996-24]

A. It shall be a violation of the Land Development Ordinance to erect, construct, reconstruct, alter, move, convert any building or structure in violation of the provisions of this Land Development Ordinance or in violation of any action taken by the Planning Board or Board of Adjustment, or the staff, pursuant to § 470-4 of the Land Development Ordinance.

B. It is a violation of the Land Development Ordinance to use land or any structure upon the land in violation of, or contrary to, the provisions of this Land Development Ordinance or any action taken by the Planning Board or Board of Adjustment, or the staff, pursuant to § 470-4 of the Land Development Ordinance.

§ 470-46 Penalties.

A. Any person who shall violate any provision of this Land Development Ordinance shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be fined such sum not exceeding $2,000 as a court in its discretion may impose; in addition, as an alternative to a fine, if the party so convicted be a natural person, such person may be imprisoned for a term not exceeding 90 days, or be ordered to perform community service for a period not exceeding 90 days, as the court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.

[Amended 12-7-2005 by Ord. No. 2005-25; 8-23-2006 by Ord. No. 2006-012]

B. The owner of any building or structure, lot or land, or part thereof, and/or the tenant or occupant of any building or structure, lot or land, or part thereof, where anything in violation of this Land Development Ordinance shall be placed or shall exist or be suffered, allowed or permitted to exist; and any architect, builder, developer, contractor, agent, person or corporation engaged in connection therewith and who assists in the commission of any such violations, shall each be guilty of a separate violation, and upon conviction thereof shall each be liable to fine, imprisonment, community service, or a combination of three specified above.

§ 470-47 Selling land before final subdivision approval.

A. If, before final subdivision approval has been granted, any person, as owner or agent, transfers or sells or agrees to transfer to sell any land which forms a part of a subdivision for which Township approval is required in accordance with the provisions of this Land Development Ordinance, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made shall be deemed a separate violation.

[Amended 12-7-2005 by Ord. No. 2005-25; 8-23-2006 by Ord. No. 2006-012[1]]

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

B. In addition to the foregoing, the Township 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 N.J.S.A. 40:55D-56.

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 shall be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of such land, or within six years if unrecorded.