[HISTORY: Adopted by the Township of Howell 12-23-1974 as § 8-4 of the 1974 Code, as amended through Ord. No. O-00-7. Subsequent amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Exhibit A - Certification by Purchaser
As used in this chapter, the following terms shall have the meaning indicated:
LOT
A parcel or portion of land separated from other parcels or portions by description as on a subdivision or record of survey, maps or by metes and bounds for the purpose of sale, lease or separate use.
MAJOR SUBDIVISION
All subdivisions not classified as a minor subdivision.
MOBILE HOME
Any factory-assembled or prefabricated structure or structures equipped with the necessary service connections for habitation, with or without a foundation, and made so as to be movable as a unit or units and designed to be used as a dwelling unit for one or more persons.
MOBILE HOME PARK
Any lot or contiguous parcel of land where the owner or other person having control thereof shall offer mobile homes or sites for the placement of mobile homes.
MOBILE HOME SPACE
A designated portion, lot or site within a mobile home park designed for the accommodation of a mobile home.
OFFICIAL MAP
A map adopted in accordance with the Official Map and Building Permit Act, Chapter 434 of the Laws of 1953, as revised, or any prior act authorizing such adoption.[1] Such map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.
OWNER
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land subdivided and to be sold under this chapter or Chapter 188, Land Use, Article XIII, Standards and Procedures for Subdivision of Land.
SALES MAP
A map as further defined in this chapter.
STREET
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action, or a street or way on a plat duly filed and recorded in the office of the County Recording Officer, and includes the land between the street lines, whether improved or unimproved, and may comprise pavements, shoulders, gutters, sidewalks, parking areas and other areas within the street.
SUBDIVIDER
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity proceeding under Chapter 188, Land Use, Article XIII, Standards and Procedures for Subdivision of Land, to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION
The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development.
[1]
Editor's Note: See now N.J.S.A. 40:55D-1 et seq.
A. 
The regulations and requirements of this chapter shall apply to:
(1) 
Any owner or seller of land within the Township of Howell who offers mobile homes or mobile home spaces for sale, and
(2) 
Any owner or seller of land within the Township of Howell within a major subdivision who has obtained a preliminary approval to subdivide said land and construct homes thereon.
B. 
Any owner or seller of land to whom the requirements of this chapter apply shall maintain a sales office, either within or without the Township. The sales office shall have permanently displayed therein the following:
(1) 
A sales map in such place in said office that the same may be observed and reviewed by any person(s) calling at the office.
(2) 
A copy, on standard legal size paper, in type or clear print, of every existing or known protective or restrictive covenants applied to all or any portion of the lands within the subdivision or mobile home park. These restrictions to the property shall be written in plain English, underlined and in 14 font print size.
(3) 
Any owner or seller of land within the Township of Howell within a major subdivision who has obtained a preliminary approval to subdivide said land and construct homes thereon shall post all lots available for sale with signs indicating block and lot number in five-inch black letters on white background three feet off the ground and viewable from the front of the property. The block and lot sign shall be erected no later than when the curbing and base coat pavement are installed.
C. 
The sales map shall be based on the official tax map information or some other similarly accurate base at a scale of either 100 feet or 500 feet to the inch throughout the map, which said scale shall be clearly indicated thereon and shall be consistent in all directions shown thereon. The map shall show the owner's mobile home park or approved subdivision and all lands contiguous thereto for a distance of 500 feet, except where a feature to be shown is required at a greater distance by this chapter, within or without the Township of Howell.
D. 
The sales map shall clearly show and include for the area within 500 feet of the mobile home park or subdivision, unless a lesser or greater distance is specified, in all directions, the following information which shall be maintained current (all information followed by the letter "D" shall be supplied by the developer and by the letter "T" shall be supplied by the Township):
(1) 
The location of proposed streets and the layout of proposed lots within the subject subdivision or mobile home park. (D)
(2) 
The location of all state, county and municipal roads in existence. (T)
(3) 
The location of all state, county and municipal roads proposed and approved by any governmental agency having jurisdiction to establish such roads. The location of all such roads shall be as shown on the official master plan adopted by the appropriate agency of the state, county or municipality. (T)
(4) 
The location of all existing structures and wooded areas.
(5) 
A description of the zoning district wherein the mobile home park or the subject subdivision is situated and the zoning districts of all contiguous properties.
(6) 
The location of all railroads and railroad rights-of-way. (T)
(7) 
The location of all public and private utility plants and the location of all sanitary landfills and hazardous waste site operations in existence or proposed, within 1,500 feet. (T)
(8) 
A list of the nearest schools, parks, playgrounds, and public buildings.
(9) 
The location of all streams, ponds and watercourses and a legend reference as to whether flood hazard insurance is required. (D)
(10) 
The location and description of any use approved during the previous three years by the Board of Adjustment or other governmental agency having jurisdiction. (T)
(11) 
The location of all drainage ditches. (D)
(12) 
The area of each lot in the subdivision to be sold, whether improved or unimproved. (D)
(13) 
The area of each mobile home space in the mobile home park. (D)
(14) 
A separate posted schedule setting forth the present tax, water and sewer rates of any public authority servicing the mobile home park or subdivision. (T)
(15) 
The location of any and all proposed structures. (D)
(16) 
The location of all known easements. (D)
(17) 
The location of all sidewalks. (D)
(18) 
All properties in farm use within 1,500 feet. (D)
(19) 
The location of all known liquefied natural gas tanks within a one-mile radius. (T)
A. 
The information to be required by § 172-2D of this chapter to be depicted on the sales map to be provided by the Township Planning Board Coordinator shall be provided to the applicant within 20 days after such request is made in writing. The information so provided shall be deemed complete for the purposes of compliance with applicable requirements of this chapter. There shall be a charge of $100 for obtaining this information from the Township Planning Board Coordinator, which shall be paid by check made payable to the Township of Howell at the time information is requested. The applicant shall have 60 days from the time of receipt of this information to prepare the sales map.
B. 
Subsequent to this sixty-day period, the applicant shall submit the sales map to the Township Code Enforcement Officer, who shall review said sales map and approve the same or request additional information within 20 days. If additional information is requested, the applicant shall have an additional 20 days to revise the sales map to the Township Code Enforcement Officer, who shall review said map within 10 days. Any approved sales map shall receive a written certification from the Township, which certificate of compliance shall be issued by the Township Code Enforcement Officer if all of the information required by § 172-2D of this chapter is contained on the sales map.
C. 
The Township Code Enforcement Officer shall review each sales map displayed pursuant to the terms of this chapter every six months and shall provide such additional information as may be deemed necessary to maintain the sales map in an up-to-date condition. There shall be a charge for the provision of the revised or additional information provided, and the charge shall be $100 made payable by check to the Township of Howell. The information provided by the Township Code Enforcement Officer to the owner or seller shall be included in the sales map within 30 days of receipt of such information from the Township Code Enforcement Officer, but this period of time can be extended at the discretion of the Township Code Enforcement Officer. This information provided by the Township Code Enforcement Officer shall be deemed complete for the purposes of compliance with the terms of this chapter. The owner or seller may remove the sales map from the sales office in order to make additions to the sales map. Such removal shall not subject the seller to any penalties under this chapter.
A. 
At or before the execution of the contract of sale for any lot within a subdivision or mobile home park, the seller shall obtain, on a form as appended to this chapter as Exhibit A, a certification from the purchaser that:
(1) 
The sales map was on display and available for inspection on any occasion of a visit to the sales office.
(2) 
The purchaser had the opportunity to study and review the sales map.
(3) 
The purchaser had the opportunity to visit the site of the mobile home or mobile home space within any mobile home park or the lot in the subject subdivision being purchased at least once before the purchaser executed the contract of sale, or, if this opportunity was not granted, that the seller give the purchaser the option of not entering into the agreement of sale.
(4) 
The purchaser had the opportunity to review any existing protective or restrictive covenants and to view on the sales map the location of easements prior to the execution of the contract of sale.
(5) 
The seller did not refuse or decline to answer any questions directed to him pertaining to the sales map or the protective or restrictive covenants or easements.
B. 
The seller shall file the certificate mentioned in Subsection A hereof with the Township Code Enforcement Officer within 20 days of the full execution of the contract of sale.
A. 
If any person engages in the sale of a lot or lots within a subdivision or a mobile home or mobile home space in a mobile home park without first displaying the sales map and the protective or restrictive covenants or easements as required herein, such person shall be subject to a fine as provided hereinafter.
B. 
The owner or seller of land to whom the provisions of this chapter apply who fails to file the certification of compliance as required herein or fails to disclose to the purchaser the information as provided by the Township Code Enforcement Officer pursuant to this chapter through his or the fault of any person engaging in sales activity on his behalf shall be subject to a fine as provided for hereinafter.
C. 
For any violation of Subsection A or B hereof there shall be, upon conviction, a fine not to exceed $500. Each day that the required sales map is not posted shall constitute a separate violation under this chapter. Each failure to file a certification of compliance shall also constitute a separate violation under this chapter.
D. 
In addition to the foregoing, if any person or owner or seller of land or his agents continuously, for a period of 30 days or more, fail and refuse to comply with the requirements of this chapter, the municipality may institute and maintain an action for injunctive relief to prohibit the continued sale of the lots within the subdivision or continued sale of mobile homes or mobile home spaces within the mobile home park until full compliance with this chapter is obtained.
All the requirements set forth in this chapter with regard to the sale of lots shall apply with equal force and effect to the lands which have been previously subdivided pursuant to the law, and from and after the effective date of this chapter all owners of subdivided land shall comply forthwith. The requirements of this chapter shall not apply to sales of mobile homes by a private owner.