ARTICLE VII - Adoption, Conflict, Violations
21-63 Interpretation.

In the interpretation and application of the provisions of this chapter, such provisions shall be minimum standards, adopted for promoting the health, safety and general welfare of the municipality.

21-64 Conflict With Other Laws.

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

21-65 Violations and Penalties.

Any owner or agent, and any person or corporation, who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild, or move any building or buildings or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted and approved hereunder, or who shall refuse reasonable opportunity to inspect any premises and who shall fail to abate such violation or refusal within five days after written notice has been served upon him, either by mail, or by personal service, shall upon conviction be liable to one or more of the following: a fine of not more than one thousand two hundred fifty ($1,250.00) dollars; imprisonment for any term not exceeding ninety (90) days from the violation thereof. Each and every day such violation continues shall be deemed a separate and distinct violation.

The five day notice provision shall not be applicable to a second or subsequent offense within a three year period involving the same property and the same or similar subject matter as the first offense. Such second or subsequent violation will be considered to be a repeat offense. For such repeat offenses a violation may be cited without prior notice.

21-66 Validity.

If any section, subsection, paragraph, clause, phrase or provision of this Ordinance or the location of any zone boundary shown on the zoning map that forms a part hereof shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter as a whole or any part of the provisions hereof other than the part so adjudged to be invalid or unconstitutional.

21-67 Effective Date.

This chapter shall take effect upon enactment and publication in the manner provided by law.

21-68 Prior Approvals and Pending Applications.

Notwithstanding anything to the contrary contained in this chapter any variance granted prior to the effective date of this chapter in connection with which either minor subdivision approval, preliminary or final subdivision approval and/or preliminary or final site plan approval was obtained shall remain in full force and effect to the extent and for the time periods set forth in N.J.S. 40:55D-47, N.J.S. 40-55D-49 and N.J.S. 40:55D-52.

However, notwithstanding the foregoing, any variance approval granted prior to the effective date of this chapter shall remain in full force and effect for a minimum of the greater of two years from the date said variance was granted or one year from the effective date of this chapter providing construction or use is commenced within said period of time.

Any application for subdivision, site plan or variance approvals which were deemed complete prior to the effective date of this chapter and which was or is thereafter approved shall be fully valid and fully effective and shall be governed by the terms and provisions of the ordinance in effect as of the time said application was deemed complete.

Additionally, nothing contained in this chapter shall prevent a single-family residence from being erected on a lot within a recorded subdivision approved by the appropriate Municipal Agency the Township of Ocean prior to the effective date of this chapter or affect the placement of the structure on said lot providing said lot meets the lot area requirements of the ordinance in effect at the time of said subdivision approval and further, providing that the structure itself does not encroach on any front, rear or side yard setback requirements of the ordinance in effect at the time of said subdivision approval, and further providing that the subdivision approval has not lapsed either by way of statute, ordinance, or action of the Township.