§ 220-204 Effect of project approval; denial; appeal.
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A. Approval of an application for a certificate of appropriateness by the Planning Board, Zoning Board or administrative officer shall be deemed to be final approval pursuant to this article. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other Township ordinance to be made prior to undertaking the action requested concerning the historic site or improvement in an historic district.
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B. Denial of an application for a certificate of appropriateness for a development application or a building permit shall be deemed to bar the applicant from undertaking the activity which would affect the historic property or improvement in an historic district.
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C. An applicant for a certificate of appropriateness for a development application shall have all appeal rights afforded to him or her by law and by Chapter 220 of the Code of the Township of Marlboro.
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D. An applicant for a certificate of appropriateness for a building permit shall appeal the decision of the administrative officer to the Zoning Board pursuant to N.J.S.A. 40:55D-70.2.
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§ 220-205 Violations and penalties.
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A. Any person, including the owner of the property, contractors and those acting at the request or by the authority of the owner and/or contractor, who shall undertake an activity which would cause a change in the exterior architectural appearance of any improvement within an historic district or of any historic property by addition, alteration or replacement without first having obtained approval of the activity shall be deemed to be in violation of this article.
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B. Upon learning of the violation, the Zoning Officer shall personally serve upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the historic property to the condition it was in prior to the violation occurring. If the owner cannot be personally served within the Township with the said notice, a copy shall be posted on the site and a copy sent to the owner by certified mail, return receipt requested, at his/her last known address as it appears on the municipal tax rolls.
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C. In the event that the violation is not abated within 10 days of serving notice or posting on the site, whichever is earlier, the Zoning Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, specifying the wrongful conduct of the violator. Each separate day the violation continues to persist shall constitute a separate and new offense.
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D. The penalty for violations shall be as follows:
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(1) For each day, up to 10 days, not more than $100 per day.
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(2) For each day, 11 to 25 days, not more than $150 per day.
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(3) For each day beyond 25 days, not more than $200 per day.
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E. If any person shall undertake an activity which would cause a change in the exterior architectural appearance of any improvement within an historic district or of any historic site by addition, alteration or replacement without first having obtained approval of the site, he shall be required to immediately stop the activity, apply for approval and take any necessary measures to preserve the site affected pending a decision. If the project is denied, he shall immediately restore the site to its preactivity status. The Zoning Officer is hereby authorized to seek injunctive relief regarding a stop action on restoration in the Superior Court, Chancery Division, not less than 10 days after the delivery of notice pursuant to Subsection B. Such injunctive relief shall be in addition to the penalties authorized under Subsection D.
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F. In the event that any action which would permanently affect an historic property or an improvement within an historic district, or a demolition is about to occur, without a certificate of appropriateness having been issued, the Zoning Officer is empowered to apply to the Superior Court for injunctive relief as is necessary to prevent such action.
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G. The Business Administrator of the Township, in the absence of the Zoning Officer, shall perform all of aforementioned duties as granted to said officer by this article.
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§ 220-206 Interpretive statements.
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A. Nothing contained within this article shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner of complying with the requirements of any other state statutes or municipal ordinances or regulations.
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B. In the event of any inconsistency, ambiguity or overlapping of requirements between these provisions and any other requirements enforced by the municipality, the more restrictive shall apply, to the effect that state and/or federal legislation has not preempted the municipality's power to enforce more stringent standards.
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C. All other ordinances and provisions inconsistent or conflicting with the provisions of this article are hereby repealed to the extent of such conflict or inconsistency, provided that they are not otherwise required by law.
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D. In no case shall this article be interpreted to review or regulate activities for repair or installation of public utility lines, including water, sewer, telephone, gas, electric; or any underground improvement; any other utility improvement that does not affect the exterior of an existing structure or does not constitute a new building or structure; or improvements within the public right-of-way.
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