§ 244-13. Enforcement.

The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the administrative officer, who shall have such powers as are conferred upon him by this chapter and as reasonably may be implied. It shall be the duty of the administrative officer 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 he 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 his duties.

§ 244-14. Records.

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, other officials of the Township of Jackson and the public.

B. The administrative officer shall prepare a monthly report for the Township Committee summarizing, for the period since his last 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.

§ 244-15. Violations and penalties.

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 more than $1,000 or be imprisoned for a term not exceeding 90 days, or both.

B. Transfer before approval; injunctive relief.

(1) 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 N.J.S.A. 40:55D-1 et seq., 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.

(2) 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 as to approval of subdivision of land has not been issued in accordance with § 244-11B 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 plan 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, plan or application for development 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.

§ 244-16. Amendments.



All amendments to this chapter and to the Zoning Map which forms a part hereof shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-1 et seq., as amended and supplemented.

§ 244-17. Pending applications.

A. All pending applications for development for which no approvals have been granted prior to the effective date of this chapter shall be subject to the procedures, standards and other requirements of this chapter.

B. All approvals granted after the effective date of this chapter shall confer upon the applicant all the rights set forth in this chapter.

§ 244-18. Interpretation.

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 Jackson. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

§ 244-19. Repealer.

Chapter 109, Zoning ; Chapter 93, Subdivision of Land ; Chapter 89, Site Plan Approval ; Chapter 21, Planning Board ; Chapter 100, Trees ; and Chapter 94, Administrative Fees and Escrows for all Development Applications, of the Code of the Township of Jackson, New Jersey, are hereby repealed in their entirety, and any portions of other ordinances which contain provisions inconsistent with this chapter are hereby repealed to the extent of such inconsistency, except that any building permit, variance, special use permit, certificate of occupancy or other permit validly issued pursuant to any such ordinance shall remain valid and effective and shall continue to be governed by the terms and conditions of such ordinance.
§ 244-20. Copy to be filed with County Planning Board.

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.J.S.A. 40:55D-16.