This chapter shall be enforced by the Land Use Officer or the Construction Official of the Township of Howell or the Zoning Inspector of the Township of Howell or the Code Enforcement Officer of the Township of Howell.

In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, to prevent any illegal act, conduct, business or use in or about such premises.

A. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by ordinance pursuant to this chapter, such person shall be subject to a penalty not to exceed $1,500, and each lot disposition so made may be deemed a separate violation. [Amended 4-28-2009 by Ord. No. 0-09-17]

B. Every person, firm or corporation who shall violate any provision of this chapter shall for each and every violation be subject to a fine of not more than $1,500 or imprisonment in the county jail or in any place provided by the municipality for not more than 90 days or both, in the discretion of the court or judicial officer before whom a conviction may be had. Each and every day that such violation continued shall be considered a separate and specific violation of this chapter. [Amended 4-28-2009 by Ord. No. 0-09-17]

C. In addition to the foregoing, the municipality may institute and maintain a civil action;

(1) For injunctive relief; and

(2) To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.

D. If the developer or agent of the developer, after notification by certified mail from the Township Engineer, fails to cease the construction of improvements, fails to cease the use of certain construction methods and procedures or fails to cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property, or continues to carry on the activities specifically prohibited in the cessation order(s) of the Township Engineer, then any such developer or agent of such developer shall be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5, and as same shall be amended from time to time. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order by the Township Engineer shall be considered a separate and specific violation. [Added 2-4-2014 by Ord. No. 0-13-40]

E. Enforcement of conditions in a development approval. [Added 2-4-2014 by Ord. No. 0-13-40]

(1) In the event that the Construction Official, Land Use Officer, Zoning Officer or Code Enforcement Officer of the Township determines that any condition contained in a resolution or court order approving an application for development or any condition shown on any map that is part of a development approval is being violated, he/she shall notify the property owner, in writing, of his/her findings and order that the violation be corrected within 30 days of the notice. Conditions contained in a resolution approving an application for development and conditions shown on any map that is part of a development approval shall be deemed to be continuing conditions, and the property owner or subsequent transferees of the real property shall be responsible for the maintenance, replacement and repair of any improvements required by such conditions, including, but not limited to, the replacement of any required plantings which fail to survive.

(2) If the property owner fails to correct the violation within the time provided in the notice, or within such further time as may be allowed, summons will be issued for violation of this chapter and the owner shall be subject to a fine in the amount of $1,500 for each violation. The enforcing official is further authorized to revoke the certificate of occupancy or certificate of approval for the property and require that it be vacated.

A. This chapter shall be interpreted as setting forth the minimum requirements for promoting the health, safety and welfare of the citizens of the Township of Howell in the areas of land use and development. In the event that a subject is regulated generally under Articles II through VII of this chapter and specifically under another article, then the specific regulation shall control.

B. Whenever the requirements of this chapter conflict with the requirements of any other lawfully adopted rules, regulations, ordinances or statutes, the most restrictive or those imposing the higher standards shall govern.

C. If this chapter shall be held to be invalid, unconstitutional or void in its entirety, then the Zoning Ordinances and Land Subdivision Ordinances which were effective immediately prior to the adoption of this chapter shall be deemed to be the Land Use and Development Ordinances for the Township of Howell. The various provisions of this chapter are deemed to be severable and if any section, sentence, clause or phrase is found to be invalid, unconstitutional or void, the balance of the chapter shall remain in effect.

Building permits, site plan approvals and zoning variances outstanding: Nothing in this chapter shall require any change in a building permit, site plan or zoning variance which was approved before the enactment of this chapter, provided that construction based on said approval shall have been started within 90 days following the effective date of this chapter and shall be continuously pursued to completion; otherwise said approval shall be void.

No approval shall be given on any application for development until such time as the applicant shall submit proof of no taxes or assessments for local improvements are due or delinquent on the property for which an application for development is made.

Applications pending before any board which have been submitted in accordance with prior ordinances of the Township of Howell are not preserved and shall not be approved unless in conformity with the provisions of this chapter.