N.J.S.A. 40:55D-18: What To Do When Your Town Refuses To Enforce Its Own Zoning Laws

By: Vincent Del Riccio, Esq. of R.C. Shea & Associates Vincent J. DelRiccio, Esq.

The Municipal Land Use Law or “MLUL” sets forth the laws with which all municipalities must conform to with respect to development. Municipalities also have a wide variety of their own ordinances in place to, among other things, establish zones, dictate what uses may take place in those zones, and set limitations and restrictions on those uses. It can be frustrating however, when the individuals charged with enforcing those ordinances fail, or seemingly refuse to do so. Fortunately, the MLUL has a remedy for members of the public who face such a situation.

N.J.S.A. 40:55D-18 mandates that a municipal governing body must enforce the provisions of the MLUL, and its own ordinances. It goes on to state:

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 act or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality 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, or to prevent any illegal act, conduct, business or use in or about such premises. In plain terms, this provision allows an interested party, such as a nearby property owner, to bring an action in Court to prevent or stop another party from violating the municipality’s land use ordinances. If you are facing silence or indifference from your local officials with respect to a neighbor’s violation of the local development ordinance, please give the attorneys at R.C. Shea & Associates a call for a consultation.

(732) 505-1212.

Officers:

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G. Mastronardy, Ocean County Prosecutor Bradley D. Billhimer, Stafford Police Chief Thomas Dellane, who is also President of the New Jersey Chiefs of Police Association, the Rev. James Occhipinti, and Ocean County Undersheriff Brian Klimakowski. Barnegat Police Chief Keith Germain, who is also President of the Ocean County Chiefs of Police Association, gave the keynote address.

Recruits receiving awards during the ceremony were: Charles J. Hanson, Jackson, James J. Tracey Leadership Award; Royce J. Tucker, Point Pleasant Beach and Dylan M. Wisniewski, Seaside Heights, the PTC Merit Award Winners; Matthew W. Parke, Manalapan, High Academic Award; Hunter R. Simeon, Seaside Heights, High Overall Award and High Physical Fitness Award; Matthew C. Hamilton, Little Egg Harbor, High Marksmanship Award.

Attaining a perfect score in one or more of the three qualifying fi rearms rounds were Zachary Fritz, Michael Gajewski, Baylin Hall, Matthew Hamilton, James Komsa, Jonathan McLaughlin, Sean Phillips and Thomas Pietrulewicz.

“All of our recruits work hard to receive the badge of their respective police department,” Ocean County Sheriff Michael G. Mastronardy said. “We are very proud of each of these new officers. We know they will serve the community and the County well.”

“We deeply appreciate the work of all of our academy instructors. They bring years of experience to the classroom,” he added.

Instructors recognized with the Instructor Award during the ceremony were Charles Webster, Ocean County Sheriff ’s Department and Mark Fabbricatore, Bayonne Police Department.

The graduates and their respective police departments are: Ali T. Aziz, Nicholas J. Bilinski, Logan J. Carter, Orrin D. Falby, Zachary Fritz, Michael R. Gajewski, Brian P. Henry, Danek E. Namiotka, Thomas L. Pietrulewicz, Samuel G. Pradarits, Jesse M. Rund, Steven M. Schmitz, Keegan J. Shevlin, Royce J. Tucker, all Point Pleasant Beach Police Department; Hope D. Barina, Jorge I. Beltran Betancourt, Pierce J. Biczis, Charles H. Kremer, Tyler J. Lehr, Alex X. Rosario, Hunter R. Simeon, Saul Vargas, Dylan M. Wisniewski, all Seaside Heights Police Department.

Michael C. Bruno, Ryan M. Dean, Baylin J. Hall, James M. Komsa, Joseph L. Martinez, Johnathan K. McLaughlin, Andrew T. Mortensen, James T. Orozco, Katerina A. Tsarnas, all Seaside Park Police Department. Ryan R. Cheslock and Jared R. Prendeville, Mantoloking Police Department. Anthony J. D’Amico, Austin H. Goins, Victoria R. Spahr, Timothy J. Suppa, Cody A. Tchir, Joseph J. Vanderveen, all Ocean County Sheriff ’s Department.

Nicholas M. Dellaquila, Brick Township Police Department; Jacob R. Forlenza, Stafford Township Police Department; Matthew C. Hamilton, Little Egg Harbor Township Police Department; Charles J. Hanson, Jackson Township Police Department; Matthew W. Parke, Manalapan Township Police Department; Sean M. Phillips, Lavallette Police Department, and Robert M. Stowe, Point Pleasant Police Department.

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