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.

Teens, Master Ceramic Art At Ocean County Library

TOMS RIVER – Ceramic items add beauty to any living space, and they’re great gifts as well. Teens can create ceramic replicas of sea life in the Makerspace of the Ocean County Library Toms River Branch, 3 p.m. June 20.

All materials will be provided for this unique one-hour program for young adults aged 13 to 18. Create and decorate a colorful ceramic fish, and take your masterpiece home after it’s been fired in the kiln.

The session will be led by Lorraine Kofman, founder and owner of the Just Kil’n Time Ceramic Studio in Waretown. Now in its sixth year, the studio offers classes and crafting parties for all ages.

“To say that Just Kil’n Time Ceramics Studio is a dream come true is an absolute understatement,” Lorraine said. Every day I am given the chance to bring a smile to the face of everyone who walks through my door, simply by helping them discover their hidden talents.”

Register at theoceancountylibrary.org/ events for this free program, sponsored by Friends of the Ocean County Library – Toms River. For more information, visit the Toms River Branch, 101 Washington Street, or call 732-349-6200.