New Hanover Township
City Zoning Code
City Zoning Code
PART 7
Enforcement
[Amended 5-12-1988 by Ord. No. 7-88; 2-11-2021 by Ord. No. 3-2021]
§ 166-218 Enforcement responsibility.
A.
The Township Committee shall enforce this chapter and may require directly or delegate the authority to require the issuance of specified permits, certificates or authorizations as a prerequisite to:
(1)
The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building, structure or other regulated improvement.
(2)
The use or occupancy of any building, structure or land.
(3)
The subdivision or resubdivision of any land.
B.
Designation of enforcement officials. The Township Committee designates the following officials as its agents to assist in the enforcement of this chapter:
(1)
The administrative officer, as defined in and for those responsibilities outlined in § 166-4A.
(2)
The Township Zoning Officer and Construction Official.
(3)
The Township Engineer.
(4)
The Township Committee may, in its discretion, directly enforce this chapter or may designate additional officials on a temporary basis to assist in the enforcement of this chapter. In addition, the designated officials may obtain and employ the assistance of other Township Officials, as appropriate, in their role as enforcement officials.
§ 166-219 Duties of enforcement officials.
A.
Administrative officer. The administrative officer, as defined in § 166-4A, shall perform those duties outlined in this chapter and as described in the statutory references set forth in the definition of "administrative officer" in § 166-4A.
B.
Zoning Officer and Construction Official. Part 5 of this chapter shall be enforced by the Zoning Officer and Construction Official. The Zoning Officer and Construction Official shall not issue any permit for the erection, demolition or structural alteration of any building, structure or other regulated improvement or grant any occupancy or use permit for any building or property where the proposed erection, demolition, structural alteration, use or improvement thereof would be in violation of any provision of this chapter, unless relief from this chapter has been obtained, in writing, from the Township Committee, Planning Board or Board of Adjustment, as applicable.
C.
The Township Engineer shall enforce Part 4 of this chapter to the extent that any provision of Part 4 is not within the jurisdiction of another official or agency. Such enforcement shall include:
(1)
The processing of permit applications for activities regulated by Part 4 of this chapter;
(2)
The review of and submission of advice to the appropriate agency for applications for subdivision and/or site plan approval required by Part 4 of this chapter;
(3)
The inspection and approval of improvements depicted on the approved plans that were subject to subdivision and site plan approval required by Part 4 of this chapter; and
(4)
The assistance in the processing of performance and maintenance guarantees required by Part 4 of this chapter.
§ 166-220 Violations and penalties.
A.
Violations.
(1)
It shall be the duty of the appropriate designated enforcement official to investigate any violation of this chapter coming to his/her attention, whether by complaint or from his/her own personal knowledge or observation. Where any building or structure is erected, constructed, altered, repaired, converted or maintained or where any building, structure or land is used in violation of any provision of this chapter, the enforcement official shall either serve an appropriate abatement notice upon the owner or persons violating this chapter, either personally or by registered mail, to remove said violation or, as the circumstance may warrant:
(a)
File a complaint in the Municipal Court of the Township of Hanover against the owner, his agent or any person or corporation perpetrating said violation, serving the aforesaid offender with proper notice, and prosecute this judgment in the Municipal Court.
(b)
Upon the express authority of the Township Committee and with the advice and assistance of the Township Attorney, file in the Superior Court a complaint to terminate said violation.
(2)
Each and every day that such violation continues after the expiration of an abatement notice or after the initial violation, as the case may be, shall be deemed a separate and distinct violation.
B.
Penalties. The owner or user of any building or structure, lot or land or part thereof where anything in violation of the zoning regulations of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of such violation, shall each be guilty of a separate misdemeanor and, upon conviction thereof, shall each be liable to a fine of not more than $2,000 or the maximum fine as otherwise permitted by N.J.S.A. 40:49-5, or to imprisonment for not more than 90 days, or to both such fine and imprisonment. Each and every day that said violation continues shall be considered a separate offense punishable by either a fine not exceeding $2,000 or imprisonment not exceeding 90 days in jail, or both.
[Amended 9-22-2022 by Ord. No. 25-2022]
C.
Subdivisions.
(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 approval is required, 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 Township 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 of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
(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.[1]
[1]
Editor's Note: The Table of Zoning Map Amendments (former Attachment 1) was removed at the Township's request. Former Attachments 2 through 11, which contained Checklist I, Concept Plan (Subdivision), Checklist II, Concept Plan (Site Plan), Checklist III, Minor Subdivision, Checklist IV, Preliminary Major Subdivision, Checklist V, Final Major Subdivision, Checklist VI, Preliminary Site Plan, Checklist VII, Final Site Plan, Checklist VIII, Conditional Use Site Plan, Checklist IX, Bifurcated Use Variance Site Plan, and Checklist X, Variance for Single-Family or Two-Family Dwelling, as amended, were removed pursuant to Ord. No. 7-2020, adopted 3-12-2020. See now Art. XII, Submission Requirements for Applications for Subdivision or Site Plan Approval, and Art. XVIIA, Submission Requirements for Variance Applications.
