Bay Head City Zoning Code
ARTICLE XII
Miscellaneous Provisions
§ 147-55 Inspections; inspection Costs.
All improvements (except electric and gas) shall be installed under the supervision and inspection of the Borough Engineer, the cost thereof to be borne by the developer as estimated in advance by the Borough Engineer and approved by the approving authority, and such amount, in the form of cash or certified check, shall be deposited with the Municipal Clerk before commencement of any construction. The cost for inspection shall be charged by the Engineer. If said deposit shall be insufficient, any additional reasonable inspection cost as approved by the approving authority shall be paid by the developer before the improvement is accepted. Any balance from the deposit, after inspection costs have been deducted therefrom, shall be refunded to the developer.
§ 147-56 Construction requirements.
A.
All construction stakes and grades thereon shall be set by a New Jersey licensed surveyor in the employ of the developer or his contractor, and a duplicate copy of the notes made therefrom shall be filed with the Borough Engineer.
B.
No construction work shall commence without the Borough Engineer being properly notified. Such notice shall be given at least 48 hours before the commencement work.
§ 147-57 Utility easements; drainage rights-of-way; preservation of natural features.
A.
In a large-scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be in a width as needed in the discretion of the approving authority located in consultation with the companies or municipal departments concerned.
B.
Where a subdivision is traversed by a watercourse, drainageway, channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.
C.
Natural features, such as trees, brooks, hilltops and views, shall be preserved whenever possible in designing any subdivision or site containing such features.
§ 147-58 Violations and penalties; civil relief.
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 on which, by ordinance, the approving authority and the governing body is required to act, such person shall be subject to a fine not to exceed $1,000, and each parcel, plot or lot so disposed of shall be deemed a separate violation.[1]
B.
[2]In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet requirements for a building permit under N.J.S.A. 23-9.9 et seq., the municipality may institute and maintain a civil action:
(1)
For injunctive relief.
(2)
To set aside the invalidate any conveyance made pursuant to such contract for sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, but only if the municipality has an approving authority or a committee thereof with power to act and which:
C.
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 demands, 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 years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six years if unrecorded.
D.
Except as provided in Subsection A, any person, corporation, business or other entity violating any of the provisions of this chapter shall be subject, upon conviction thereof, to a fine not exceeding $1,000 or to a term of imprisonment in the County Jail not to exceed 90 days or a period of community service not exceeding a 90 days, or any combination thereof. For each violation, each day beyond the date of conviction which the violation continues may be deemed to constitute a separate violation subject to separate penalty or fine, or both.[3]
§ 147-59 Administrative standards; variances authorized.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough of Bay Head. Any action taken by the approving authority and the governing body under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the developer or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the approving authority may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.