A. It shall be the duty of the Administrative Officer to keep a record of all applications for and all development permits issued, together with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Township Committee and of other officials of the Township of Dover.
B. The Administrative Officer shall prepare a monthly report for the Township Committee, summarizing for the period since his last previous report all development permits issued and all complaints of violations and the action taken by him consequent thereto. A copy of each such report shall be filed with the Township Tax Assessor at the same time it is filed with the Township Committee.
In the application and interpretation of this chapter, all provisions hereof shall be held to be minimum standards or requirements adopted for the promotion of the public health, safety, convenience and general welfare of the Township of Dover. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted nixes, regulations or ordinances, the most restrictive or that imposing the higher standards shawl govern.
A. For any and every violation of the provisions of this chapter, the 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 agent, 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 of not less than $100 for a first offense and $200 for every subsequent offense, nor more than $1,000, or be imprisoned for a term not exceeding 90 days, or both. [Amended 5-13-1992 by Ord. No. 2911-92]
B. 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 this chapter pursuant to P.L. 1975, c. 291, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation. In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and 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 § 348-3.713 of this chapter. 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 developer or his assigns or successors, to secure the return of any deposits made or purchase price paid and, also, to 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 of transfer, sale or conveyance of said land, or within six years if unrecorded.
C. If, after final approval, it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the planning Board or the Township Committee may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.
D. If the developer or agent of the developer shall, after notification by certified mail from the Township Engineer to cease the construction of improvements, to cease the use of certain construction methods and procedures or 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, continue to carry on the activities specifically included in cessation order(s) from the Township Engineer, then any such developer or agent of such developer shall be subject to a fine not to exceed $1,000 or to imprisonment for not more than 90 days. 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.
All amendments to this chapter and to the Zoning Map, which forms a part hereof, shall be adopted in accordance with the provisions of P.L. 1975, c. 291, as amended and supplemented. No amendment to this chapter or to the Township's Master Plan shall be effective until the Township has submitted such amendment to the Pinelands Commission for review pursuant to N.J.A.C. 7:50-3.45.
If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.
A. After the effective date of this chapter, all new applications for development shall be subject to the provisions of this chapter. Within 45 days of submission of such application for development the Administrative Officer shall notify the developer in writing if an application for development is found to be incomplete, or it shall be deemed to be properly submitted and shall constitute a complete application 45 days after the date of submission. If a developer is notified that an application for development is incomplete, the Administrative Officer shall further notify the developer, within 45 days of submission of all the additional plans and supporting documentation requested, if an application for development is still found to be incomplete, or it shall be deemed to be properly submitted and shall constitute a complete application 45 days after submission of all the additional plans and supporting documentation requested.
B. All applications for development filed prior to the effective date of this chapter may be continued, subject to the following:
(1) The time limits for approval by the municipal agency set forth within this chapter shall not apply unless the developer shall notify the municipal agency in writing that he desires the application to be considered within such time limits. Such letter of notification from the developer shall constitute the filing of a new application for development subject to the provisions of Subsection A of this section and all other provisions of this chapter.
(2) If the developer does not notify the municipal agency that he desires the application for development to be considered within the time limits set forth in this chapter, such application for development shall be processed and acted upon pursuant to the procedures heretofore in effect at the time of such application.
(3) All approvals granted after the effective date of this chapter shall confer upon the applicant all the rights set forth in this chapter.
Upon adoption of this chapter, the Township Clerk shall file a copy of this chapter with the Ocean County Planning Board as required by N.7.S.A. 40:55D-16.
A. No person shall carry out any development which constitutes development under the provisions of the Comprehensive Management Plan within the Pinelands Area (Block 1, Lot 1, and Block 2, Lots 3080, 3081, 3082, 3083, 3084, 3085, 3086, 3087, 3088 and 3089) without obtaining a certificate of filing from the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34.
B. All development in the Pinelands Area must conform to the land use and development standards of the Comprehensive Management Plan pursuant to N.J.A.C. 7:50-5 and 7:50-6. To the extent that any of these Pinelands standards conflict with other requirements of this Code, the Pinelands requirements shall be followed.
C. All development approvals in the Pinelands Area shall be forwarded to the Pinelands Commission pursuant to the Pinelands notice and review procedures set forth in N.J.A.C. 7:50-4.3.
D. In the Pinelands Area, any local variance for an approval of residential development at a density that exceeds the maximum permitted in the R-800 Zone or for approval of residential development in the I Zone in which residential development is not permitted shall require that Pinelands development credits be used pursuant to N.J.A.C. 7:50-5.28(x)4, 5 and 6.
