The duties of administering and enforcing the
provisions of this chapter are hereby conferred upon the Land Use
Officer and the Code Enforcement Officer, who shall have such powers
as are conferred by this chapter, and as reasonably may be implied.
In no case shall a development permit be granted for a subdivision
or the construction of or alteration of any building or site where
the proposed construction, alteration or use thereof would be in violation
of any provisions of this chapter. It shall be the duty of such officials
or his designee to cause any building, plans or premises to be inspected
or examined and to order in writing the remedying of any conditions
found to exist in violation of this chapter, and shall have the right
to enter any buildings or premises during the daytime, or other normal
business hours of the premises, in the course of performing these
duties.
For any and every violation of the provisions of this chapter, the applicant, subdivider, developer, owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agency, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall for each and every day that such violation continues, be subject to a fine as stated in Chapter
1, Article
I. The following shall not be construed to be an exhaustive list of those actions or omissions which constitute violations of this chapter. Other activities prohibited by this chapter shall also be considered violations.
It shall be a violation of the provisions of
this chapter to:
A. Erect any building or structure or move, alter, add
to or enlarge any building or structure or use, design or arrange
any land, building or portion of a building or structure except in
conformity with all regulations herein specified for the district
in which it is located.
B. Engage in any of the activities for which a development
permit is required prior to the issuance of the development permit.
C. After issuance of a development permit, fail to follow,
during construction, the approved site or subdivision plans, the requirements
of this chapter, the conditions of approval contained in the resolution
of a municipal agency.
D. Fail to observe any direction of the Land Use Officer
or his designee with regard to the suspension of any work not in conformance
with this chapter, the approved plans or the conditions of any resolution
of a municipal agency or of a development permit.
E. Fail to observe any direction of the Land Use Officer
or his designee with regard to the correction, of any work not in
conformance with the approved plans or the conditions of any resolution
of a municipal agency or of the development permit.
F. After completion of a development, fail to operate
and maintain the site in conformance with the approved plans, any
condition of resolution of a municipal agency or of the development
permit or any of the provisions of this chapter.
It shall be unlawful, before final subdivision
approval has been granted, for any person to transfer, sell or agree
to transfer or sell, except pursuant to an agreement expressly conditioned
on final subdivision approval, any land which forms a part of a subdivision
for which municipal approval is required by this chapter.
In the event that a detention or retention facility
becomes a danger to public safety or public health, or if it is in
need of maintenance, the municipality shall so notify in writing the
responsible person. The responsible person shall have 14 days to effect
such maintenance and repair of the facility in a manner that is approved
by the Township Engineer or his designee. Should the responsible person
fail or refuse to perform such maintenance or repair, the Township
may effect the necessary work and the cost thereof shall be charged
to the responsible person.
Should it be discovered, after final approval,
that there was any misrepresentation of any statements or proofs contained
in any application for approval or in any representations made to
induce approval, the Township may, revoke such approval, which shall
be void and of no effect.
The provisions of this chapter shall be administered
and enforced by the Land Use Officer and the Code Enforcement Officer.
It shall also be the duty of the Police Department and Fire Prevention
Bureau to report any violations of the provisions of this chapter
in writing to the Land Use Officer and at the same time to send a
copy of such report to the Township Clerk. The Land Use Officer shall
not issue any permit or certificate of occupancy for any structure
or use which does not conform with the provisions of this chapter.
It shall be the duty of the Land Use Officer upon the filing with
him of any application for a zoning permit or certificate of occupancy
for any structure or use which does not conform with all provisions
of this chapter to notify the applicant in writing to that effect,
stating in what respect such structure or use is nonconforming.