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 Township approval is required by this chapter, 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.
A.Â
In addition to the foregoing, the Township may institute
and maintain a civil action:
B.Â
In any such action borough under Subsection A above, 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 deposit made or purchase price paid, and also a reasonable search fee, survey expense and the title-dosing expense, if any.
C.Â
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.
All applications for development filed prior
to the effective date of this chapter may be continued, but any appeals
arising out of decisions made on any such applications shall be governed
by the provisions of the Township ordinance which, among other things,
establishes the Planning Board pursuant to the provisions of the Municipal
Land Use Law.[1]
Immediately upon adoption of this chapter, the
Municipal Clerk shall file a copy of this chapter with the County
Planning Board as required by law.