[Added 11-12-91 by Ord. No. 91-111]

A. All owners, developers and subdividers having an interest in a major subdivision in the Township of East Brunswick shall display within all of their sales offices or the sales office of any broker or agent engaged by them for the purpose of selling residential dwellings, the following:

(1) The portion of the Middlesex County Master Plan showing the Township of East Brunswick.

(2) The Master Plan of the Township of East Brunswick.

(3) The Zoning Map of the Township of East Brunswick.

(4) The Official Map of the Township of East Brunswick.

B. The above maps shall be at a scale of not less than one (1) inch to one thousand (1,000) feet.

C. The maps and plans shall be prominently displayed in an open and unobstructed manner in all sales offices and shall be shown to all prospective buyers.

D. The above maps will be available from the Township Engineer at a nominal charge.

E. In addition to the above maps, the approved site plan, preliminary subdivision map or final PURD plan (whichever is applicable) certified by the Planning Board Chairman and Secretary shall be displayed within all sales offices. Scale shall not be less than one (1") inch to fifty (50') feet.

F. All owners, developers and subdividers having an interest in a major subdivision or major residential site plan in the Township of East Brunswick shall display within all of their sales offices or the sales office of any broker or agent engaged by them for the purpose of selling residential dwellings the following:

(1) A sales map in the sales office in a place that may be observed and reviewed by any person(s) calling at the off ice.

(2) A copy, on standard legal size paper, in type or clear print, of any proposed protective or restrictive covenants and easements to be applied to all or any portion of lands within the subdivision.

(3) A copy of any Board approved revisions to the site plan or subdivision and all approved revisions or field changes to construction plans. Any such revised item or plan sheet shall have a notation marked on the original document that it is "REVISED' as of (date). The corresponding item or revision sheet SHALL NOTE THERE ON THE FOLLOWING: ORIGINAL DOCUMENT DATED (date) HAS BEEN REVISED ON (include all dates)."

(4) A "public offering statement" for the entire development, if the tract of land is to be developed as a planned unit development, as that term is defined in the Municipal Land Use Act and filed with the New Jersey Department of Community Affairs.

(5) A copy of the Environmental Risk Audit (ERA) as described in Section 1321(2), below.

G. The sales map shall be based on the Official Tax Map information or some other similarly accurate base at the scale of not less than fifty (50) feet to an inch or greater throughout the map, which said scale shall be clearly indicated thereon and shall be consistent in all directions shown thereon. The map shall show the owner's approved subdivision and all lands contiguous thereto for a distance of one thousand (1,000) feet, within or without the Township of East Brunswick.

H. The sales map shall clearly show and include for the area within one thousand (1,000) feet of the subdivision in all directions the following information which shall be maintained current.

(1) The location of proposed streets and the layout of proposed lots within the subdivision.

(2) The location of all state, county and municipal roads in existence on the date of the final approval of the subdivision.

(3) The location of all state, county and municipal roads proposed and approved by any governmental agency having jurisdiction to establish such roads. The location of all such roads shall be as shown on the Official Master Plan adopted by the appropriate agency of the state, county or municipality.

(4) The location of all existing structures and wooded areas within the subdivision.

(5) A designation of the zoning district to be subdivided and the zoning districts of all contiguous properties within the distance of one thousand (1,000) feet.

(6) The location of all railroads and railroad rights-of-way for public utilities.

(7) The location of all public or private utility plants; the location of all sanitary landfill and hazardous waste sites operations in existence or proposed; the location of all Superfund sites; the location and identification of all industrial, manufacturing and warehousing uses; the location of all hazardous (as defined in the New Jersey Hazardous Substances Labeling Act, N.J.S.A. 24:5A - 1.) uses which emit pollutants (as defined in N.J.S.A. 58:1 CA -3) into the air, (as defined in the Air Pollution Control Act, N.J.S.A. 26:2C -2.) soil, or water - courses; and the location of all gas transmission lines.

(8) The location of all schools, parks, playgrounds, public buildings and sidewalks.

(9) The location of all streams, ponds and watercourses and a legend reference as to whether flood hazard insurance is required.

(10) The location and description of any use approved by the Board of Adjustment or Planning Board during the previous three (3) years.

(11) The location of all drainage ditches within the area shown on the sales map.

(12) The size of each parcel in the subdivision to be sold, whether improved or unimproved.

(13) A map legend setting forth the present tax, water and sewer rates of any public authority servicing the subdivision.

(14) A map legend setting forth the phone numbers and extensions for the Township Clerk, Township Administrator, and Director of Planning.

(15) The location of any and all structures proposed on each parcel.

I. SALES MAP RELATED DOCUMENTS INFORMATION; UPDATE; ENVIRONMENTAL RISK AUDIT.

(1) The information to be depicted on the sales map shall be based on the most recent zoning and street maps, federal insurance rate maps, and the prospective development map on file with the office of the Director of Planning. The completed sales map shall be submitted for review to the Chief Construction Official prior to it being posted, who shall review it for compliance with the requirements of this Ordinance. There shall be a charge of one hundred dollars ($100.) for the review and certification of compliance by the Chief Construction Official, which shall be paid by check payable to the Township of East Brunswick at the time of submission for approval.

(2) An Environmental Risk Audit (ERA) shall be conducted for all of the property which is the subject of the subdivision. The person or entity conducting the ERA shall have no personal or financial interest in the property or project. His/her qualifications shall be attached to the ERA. The ERA shall include a statement setting forth the use of the subject property for a period of 10 years prior to the application for subdivision (Historical Property Evaluation). If there is any evidence of environmental contamination, manufacturing, warehousing landfilling subsurface burying of materials or any other information which could affect the health, safety or welfare of persons exposed to the property, the details of same shall be set forth in the ERA. The ERA shall also reflect the results of on-site soil sampling and water testing and shall reflect all surface and groundwater contamination. The ERA shall contain a site contamination assessment, quantifying the potential risks in terms of the cost to remove contamination from the property. A copy of the ERA shall be filed with the Chief Construction Official, who shall review it for compliance with the requirements of this ordinance. There shall be a charge of one hundred ($1 00.) dollars for the review and certification of compliance, which shall be paid by check payable to the Township of East Brunswick at the time of submission for approval.

(3) The Chief Construction Official or his/her designee shall review each sales map and any revisions to it or the other items required under Section 19252 F, G and H displayed pursuant to the terms of this ordinance not less than every three (3) months and shall require such additional information as he/she deem necessary to maintain these documents in an up-to-date condition. There shall be a charge for the inspection of the information which shall be twenty-five dollars ($25) per visit, made payable by check to the Township of East Brunswick. The Chief Construction Official may from time to time, as he/she deems necessary, direct the owner or seller to display additional information on the documents so that same may be maintained in an up-to-date condition. New information obtained by the owner or seller shall be included in the sales map or related documents within thirty (30) days of receipt of such information. The Chief Construction Official shall affix his/her approval, upon his/her satisfaction of the inspection of the documents, indicating the date thereof.

J. CERTIFICATE OF COMPLIANCE.

(1) At or before the execution of the contract of sale for any lot within a subdivision, the seller shall obtain, on a form approved by the governing body, a certification from the purchaser that:

(a) The sales map was on display and available for inspection on any occasion of his visit to the sales office.

(b) He had a reasonable opportunity to study and review the sales map.

(c) He had the opportunity to visit the site of the lot he is purchasing at least once before he executed the contract of sale.

(d) He had the opportunity to review any protective or restrictive covenants and easements prior to the execution of the contract of sale.

(e) He had the opportunity to review the construction plans for the structure he is buying and all related common elements.

(f) The seller did not refuse or decline to answer any questions directed to him pertaining to the sales map or the protective or restrictive covenants or easements.

(2) The seller shall file the certificate mentioned in Subsection A hereof with the Chief Construction Official within twenty (20) days of the full executive of the contract of sale.

K. ADDITIONAL NOTICE PROVISIONS.

(1) In the event the owner or seller of land files an application to amend a previously received approval from the Zoning Board of Adjustment or Planning Board (Site Plan, subdivision or variances), including but not limited to recreation facilities, bikeways or trail, drainage, sewerage or open space easements, lighting details or other items deemed to be significant by the Director of Planning, each previous purchaser who is an owner at the time of such application and each contract purchaser of any such lot or unit within 200' of the proposed change shall be advised, in writing, by the developer by certified mail, return receipt requested, of the hearing date on such revisions and that a copy of the proposal is available for such review in the sales office and the office of the Director of Planning. Proof of service shall be required to be filed with the Chief Construction Official and with the Department of Planning.

L. VIOLATIONS AND PENALTIES.

(1) If any person engages in the sale of a lot or lots within a subdivision without first displaying the sales map and other related documents or the protective covenants of easements as required herein, the owner of the subdivision shall be subject to a fine for each such lot sold or contracted to be sold provided hereinafter.

(2) The owner of a subdivision who shall fail to file the certification of compliance as required herein, or fails to disclose to the purchaser the information as provided by the representative of the Department of Planning, through his or the fault of any person engaging in the sale of lots on his behalf, shall be subject to a fine as provided for hereinafter.

(3) Any person, firm or corporation found guilty in the Municipal Court of the Township of East Brunswick of a violation of the terms of this ordinance shall be subject to one or more of the following in the discretion of the Municipal Court Judge: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding ninety (90) days or by a fine not exceeding one thousand dollars ($1,000.00) or by a period of community service not to exceed ninety (90) days.

Except as otherwise provided, each and every day in which a violation of this ordinance exists, shall constitute a separate violation. In addition, each violation of this ordinance shall be considered a separate offense upon each and every day in which a violation exists.

(4) in addition to the foregoing, if the owner or its agents continuously, for a period of thirty (30) days or more, fails and refuses to comply with the requirements of this Section, the municipality may institute and maintain an action for injunctive relief to prohibit the continued sale of the lots within the subdivision until compliance with this Section, in addition to the suspension of the issuance of any further building permits for the subdivision or conducting of any inspections for approvals required under the subdivision approval.

M. Applicability of Provisions.

All the requirements set forth in this section with regard to the sale of lots shall apply with equal force and effect, to the lands which have been previously subdivided pursuant to the law, and from and after the effective date of this Section, all owners of subdivided land shall comply forthwith. However, it is understood that the requirements of this section shall apply only to the first sale of a lot or lots of the subdivision to an individual home buyer. Whenever the word "He" or "Him" appears in the ordinance, it is intended to apply with equal force to "She" or "Her".

[Added 1112-91 by Ord. No. 91-111]

All real estate brokers maintaining offices in the Township of East Brunswick shall post maps as set forth above.

The Mayor shall enforce this chapter. 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, the Mayor and his agent or 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; or to prevent any illegal action, conduct, business or use in or about such premises.

[Added 11-12-91 by Ord. No. 91-111]

A. If, before favorable referral and final approval has been obtained any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision upon which the Planning Board is required to act, such person shall be subject to a fine not to exceed five hundred dollars ($500.) or to imprisonment for not more than ninety (90) days, and each parcel, plot or lot so disposed of shall be deemed a separate violation.

B. In addition to the foregoing, if the streets in the subdivision are not such that a structure on the land in the subdivision would meet requirements for a building permit under N.J.R.S. 40:55-1.30' et seq., the municipality may institute and maintain civil action:

(1) For injunctive relief.

(2) To set aside and invalidate any conveyance made pursuant to such contract or sale if a certificate of compliance has not been issued in accordance with N.J.R.S. 40:55-1.24 2 , but only it the municipality has a Planning Board or a committee thereof with power to act and which meets regularly on a monthly or more frequent basis and whose governing body has adopted standards and procedures in accordance with N.J.R.S. 40:551.20.

C. In any such action the transferee, purchaser or grantee shall be entitled to a lien upon the portion of land from which the subdivision was made that remains in the possession of the subdivider, or his assigns or successors, to secure the return of any deposit made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of the land, or within six (6) years if unrecorded.