The rules, regulations and standards contained in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. Any action taken by the Township under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. Moreover, if an applicant or his agent can clearly demonstrate that, because of the peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the appropriate municipal agency may permit such exception or exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
No structure or lot shall be used in violation of this chapter. It shall be the duty of the Construction Code Official, who shall also be known as the "Zoning Enforcement Officer," to administer and enforce the provisions of this chapter and, in so doing, to inspect periodically the structures and land in the Township, to investigate violations of the chapter coming to his attention, to serve notice upon property owners to abate any condition found to exist in violation of any provisions(s) of this chapter, to sign complaints where justified and to cooperate with other Township officials in the prosecution of violators. The enumeration herein of the duties of the Construction Code Official and Zoning Enforcement Officer shall not mean that other officials and employees shall be relieved of their obligation to enforce this chapter. The Construction Code Official and Zoning Enforcement Officer or other Township employees authorized by the Township Committee shall have the right to inspect any lot or building during the daytime for the purpose of investigating possible violations of this chapter.
A. 
No construction, enlargement, alteration, demolition or change of use or occupancy for which a construction permit is required pursuant to the Uniform Construction Code of the State of New Jersey [N.J.A.C. 5:23-2.5(a)] shall be undertaken until a construction permit is obtained from the Construction Code Official.
B. 
Every application for a construction permit shall be accompanied by three sets of plans drawn in ink or a blueprint showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of all existing and proposed structures and substructures, all existing easements, the existing or intended use of each structure, the number of dwelling units the structure is designed to accommodate, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter and meet the requirements of N.J.A.C. 5:23-2.5 of the Uniform Construction Code of the State of New Jersey.
C. 
A construction permit shall be granted or denied in writing within 20 business days from the date of a complete application unless additional time is agreed upon in writing by the applicant. One copy of such plans shall be returned to the owner when such plans shall have been approved or denied by the construction code enforcement official and Zoning Enforcement Officer, together with such permit as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey of the lot by a licensed land surveyor in the State of New Jersey. The lot and the location of the structure(s) thereon shall be staked out on the grounds before construction is started. No construction permit shall be issued for any structure until such prior subdivision and site plan, conditional use and variance approvals as may be necessary, have been granted by the appropriate municipal agency or municipal agencies in accordance with the provisions of this chapter and until all review and inspection fees have been paid.
A. 
It shall be unlawful to use or permit the use of any structure or part(s) thereof occupied for a new use; or (in addition hereto) in the case of a nonresidential use, occupied by a new occupant; or hereafter erected, altered, converted or enlarged wholly or in part, until a certificate of occupancy shall have been issued by the Construction Code Official. It shall be the duty of the Construction Code Official to issue a certificate of occupancy only when he is satisfied that the structure or part(s) thereof and the proposed use conform to this chapter and all other applicable codes and ordinances of West Amwell Township.
B. 
Unless additional time is agreed upon by the applicant in writing, a certificate of occupancy shall be granted or denied in writing within 10 days from the date that a written notification pursuant to N.J.A.C. 5:23-2.7 of the Uniform Construction Code of the State of New Jersey is filed with the Construction Code Official. Such certificate of occupancy shall certify that the erection of the structure is completed in accordance with the approved building permit and site plan, and that all applicable provisions of this chapter have been complied with.
C. 
A temporary certificate of occupancy may be issued for any structure or use for which development plan approval has been granted although not all conditions of the approval have been complied with. Such temporary certificates of occupancy shall be issued only in extenuating circumstances and only with the approval of the board which approved of the site plan, which board may establish specific terms and conditions for the issuance of a temporary certificate of occupancy, including the posting of a performance guarantee for any improvements not yet completed.
D. 
Should the Construction Code Official decline to issue a certificate of occupancy, his reason for doing so shall be so stated on two copies of the application and one copy shall be returned to the applicant.
E. 
Upon notice being served of any condition found to exist in violation of any provision(s) of this chapter with respect to any structure or use, the certificate of occupancy for such use shall thereupon, without further notice, be null and void and a new certificate of occupancy shall be required for any further use of such structure or land.
It shall be the duty of the Construction Code Official to keep a record of all applications for building permits and certificates of occupancy, whether issued or denied, permits and certificates issued, with a notation of all special conditions involved, all complaints and violations and consequent actions taken. These records and copies of all plans and specifications submitted with each application shall be safely kept in the office of the Construction Code Official. Copies of these records shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be established by resolution of the governing body, except that there shall be no charge to a municipal agency. A monthly report summarizing the building permits and certificates of occupancy issued, all complaints and violations, and consequent actions taken, shall be filed with the Township Tax Assessor and the Township Committee.
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 Township 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.
A. 
Fines. If, before final subdivision approval has been obtained, any person transfers or sells, or agrees to transfer or sell, as owner or agent, any land which forms part of a subdivision on which the Planning Board is required to act in accordance with the provisions of this chapter, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall, upon conviction, be subject to a fine of not less than $100 nor more than $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, and each parcel, plot or lot so disposed of shall be deemed a separate violation in accordance with the provisions of N.J.S.A. 40:55D-55.
B. 
Civil remedies. 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 contract of sale, if a certificate of compliance has not been issued in accordance with the provisions of N.J.S.A. 40:55D-56.
C. 
Liens. 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 must be brought within two years after the date of the recording of the instrument or transfer, sale or conveyance of the land, or within six years, if unrecorded.
[Amended 11-23-2011 by Ord. No. 19-2011]
A. 
Fines. Any owner, agent, person or corporation who violates any of the provisions of this chapter, or who fails to comply with any of the requirements thereof, or who erects, raises, moves, extends, enlarges, alters or demolishes any structure in violation of any detailed statement or plan submitted hereunder, or who puts into use any lot or premises in violation of any detailed statement or plans submitted hereunder, or who refuses reasonable opportunity to inspect any premises, shall, upon conviction, be subject to a fine of not less than $100 nor more than $2,000, a term of imprisonment not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof, for each violation, and in addition shall pay all costs and expenses involved in the case. Each day that any such violation continues after the expiration of an abatement notice or after initial construction, as the case may be, shall be deemed a distinct and separate offense and not a continuing offense. Nothing herein contained shall prevent the Township from taking such other lawful action as is necessary to prevent or remedy any violation. The imposition of a fine in amount greater than $1,250 upon an owner for violation of this chapter shall provide for a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded the opportunity for a hearing in the municipal court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 (up to a maximum of $2,000) may be imposed if the court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed. (Reference N.J.S.A. 40:49-5.)
B. 
The owner of any structure, lot of land, or part thereof, and/or the tenant or occupant of any building or structure, lot of land or part thereof, where anything in violation of this chapter is placed or exists, and any architect, builder, developer, contractor, agent, person or corporation engaged or employed in connection therewith who assists in the commission of such violation, shall each be guilty of a separate offense, and upon conviction thereof shall each be liable to the fine or imprisonment, or both, as specified in Subsection A above.