Zoneomics Logo
search icon

Franklin Township Gloucester County
City Zoning Code

ARTICLE XXXVIII

Penalties

§ 253-195 Violations and penalties.

[Amended 9-27-2022 by Ord. No. O-22-22]
A. 
Any person who shall violate any of the provisions of any ordinance, or part thereof, of the Township, upon conviction shall be subject to a fine of not less than $500 and not more than $2,000, imprisonment for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination there in the discretion of the Municipal Court Judge. A second offense within six months of conviction shall have a minimum fine of $750; and a third offense within six months of conviction shall have a minimum fine of $1,000. Each day on which a violation of an ordinance exists shall be considered to be a separate and distinct violation and subject to the imposition of a separate penalty for each day of the violation, as the Municipal Court Judge may determine.
B. 
The penalties set forth above shall not be the exclusive remedy available, and nothing in this chapter shall prevent the application for and obtaining of injunctive relief as set forth below.
(1) 
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 or of any other ordinance or other regulation made under authority conferred hereby, the proper local authorities of the Township or an 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, and to prevent any illegal act, conduct, business or use in or about such premises.
(a) 
Civil action.
[1] 
In addition to the foregoing, the Township may institute and maintain a civil action:
[a] 
For injunctive relief; and
[b] 
To set aside and invalidate any conveyance made pursuant to a contract of sale and before final subdivision approval has been granted if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
(2) 
In any 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 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. 
Neither the Planning Board, Zoning Board of Adjustment nor the Township Council shall approve the application of any corporation or partnership which does not comply with this Act.
D. 
The Planning Board or Zoning Board of Adjustment, as the case may be, may by resolution rescind a prior resolution approving a subdivision or site plan if the applicant fails to comply with the conditions of said approving resolution or if another referring authority imposes conditions contrary to the original resolution.