Monroe City Zoning Code
ARTICLE XIV
Enforcement
§ 108-14.1 Enforcement official.
The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Zoning Officer, who shall have such powers as are conferred by this chapter, and as reasonable may be implied. The Zoning Officer shall be appointed by the Mayor. In no case shall a development permit be granted for a subdivision or the construction of or alteration of any building or site where the proposed construction, alteration or use thereof would be in violation of any provisions of this chapter. It shall be the duty of the Administrative Officer (Zoning 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 the officer 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 performing these duties.
§ 108-14.2 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. 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 those imposing the higher standard shall govern.
§ 108-14.3 Repealer.
Chapter 108 of the Code of the Township of Monroe is hereby repealed in its entirety, and any portion of other ordinances which contain provisions inconsistent with this chapter are hereby repealed to the extent of such inconsistency except that any building permit, variance, special use permit, occupancy permit or other permit validly issued pursuant to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.[1]
[1]
Editor's Note: Previous Chapter 108, "Subdivision of Land" adopted July 2, 1979 by Ordinance No. 394, has been repealed in its entirety by Ordinance No. 0-2-91-011, adopted February 25, 1991.
§ 108-14.4 Violations and penalties.
A.
For any and every violation of the provisions of this chapter, the applicant, subdivider, developer, 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 agency, 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 violations or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation shall exist, and 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.
Subdivision of land.
(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.
(3)
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, 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 in any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the municipal agency or the Township Council 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 fail after notification by personal service or by certified mail from the Township Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures or cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property or 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 $500 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.
§ 108-14.5 Amendments.
All amendments to this chapter and to the Zoning Map and Schedule, which form a part hereof, shall be adopted in accordance with the provisions of N.J.S.A. 40:55D-l et seq., as amended and supplemented. The Map and Schedule of Area, Yard and Building Requirements may be amended and supplemented by description and reference thereto, without republication of the entire Zoning Map or detailed text of the Schedule.
§ 108-14.6 Severability.
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.
§ 108-14.7 Effect on pending and new applications.
A.
After the effective date of the ordinance adopting this chapter,[1] all new applications for development shall be subject to the provisions of this chapter. Within 45 days of submission of any 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 constitute a complete application 45 days after the 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 constitute a complete application 45 days after submission of all the additional plans and supporting documentation requested.
[1]
Editor's Note: This chapter was adopted by Ordinance No. 0-2-90-011 on February 25, 1991 and became effective pursuant to law.
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 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.
§ 108-14.8 Filing of regulations with County.
Upon adoption of this chapter or other development regulations, except for an Official Map, and any amendments thereto, the Township Clerk shall file a copy of this chapter and any amendments thereto with the Middlesex County Planning Board as required by N.J.S.A. 40:55D-16. Development regulations, except for an Official Map, shall not take effect until a copy thereof shall be filed with the Middlesex County Planning Board. A land use and development (zoning) ordinance or amendment or revision thereto which in whole or in part is inconsistent with or not designed to effectuate the land use plan element of the Township Master Plan shall not take effect until a copy of the resolution required by N.J.S.A. 40:55D-62 shall be filed with the Middlesex County Planning Board. An Official Map shall not take effect until filed with the County Recording Officer. Copies of all development regulations and any revisions or amendments thereto shall be filed and maintained in the office of the Township Clerk.