A.
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 $2,000, and each lot
disposition so made may be deemed a separate violation.
[Amended 5-23-2002 by Ord.
No. 2002-20; 3-23-2006 by Ord. No. 2006-16]
C.
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.
The prospective purchaser, prospective mortgagee or any other person
interested in any land which forms part of a subdivision, or which formed
part of such a subdivision three years preceding the effective date of this
chapter, may apply in writing to the Secretary of the Board exercising jurisdiction
in the municipality for the issuance of a certificate certifying whether or
not such subdivision has been approved by the Planning Board. Such application
shall contain a diagram showing the location and dimension of the land to
be covered by the certificate and the name of the owner thereof.
A.
The Board Secretary shall make and issue such certificate
within 15 days after the receipt of such written application and the fees
therefor. Said Secretary shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged, in a binder
as a permanent record of his office,
B.
Each such certificate shall be designated a "certificate
as to approval of subdivision of land," and shall certify:
(1)
Whether there exists in said municipality a duly established
Planning Board and whether there is an ordinance controlling subdivision of
land adopted under the authority of this Act.
(2)
Whether the subdivision, as it relates to the land shown
in said application, has been approved by the Planning Board, and, if so,
the date of such approval and any extensions and terms thereof, showing that
subdivision of which the lands are a part is a validly existing subdivision.
C.
The Board Secretary shall be entitled to demand and receive
for such certificates issued by him a reasonable fee not in excess of those
provided in N.J.S.A. 54:5-14 and 54:15-15. The fees so collected by such Secretary
shall be paid by him to the municipality.
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to § 365-29.
A.
If the Board Secretary designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to § 365-29.
B.
Any such application addressed to the Clerk of the municipality
shall be deemed to be addressed to the proper designated officer and the municipality
shall be bound thereby to the same extent as though the same was addressed
to the designated official.
All sections of the Land Subdivision Ordinance, Zoning Ordinance, Site
Plan Review Ordinance or any other ordinance of the Borough of Fort Lee which
contains provisions contrary to the provisions of this chapter shall be and
are hereby, to the extent of such inconsistency, repealed.
All applications for development filed prior to the new effective date
of this chapter may be continued, but any new application occurring subsequent
to the effective date of this chapter shall be governed and reviewed in accordance
with the provisions of this chapter.
Immediately upon adoption of this chapter, the Borough Clerk shall file
a copy of this chapter with the County Planning Board as required by law.
The Clerk shall also file with said County Planning Board copies of all other
ordinances of the Borough relating to land use.
It is the intention that this chapter conform to all mandatory requirements
of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., relative to subdivision
review and approval. To the extent that any provisions of this chapter are
inconsistent with the mandatory requirements of said law, it is the intent
of the Mayor and Council of the Borough that said mandatory requirements shall
govern applications for subdivision review and approval.
To the extent that the Zoning Board of Adjustment is empowered to review
and grant applications for subdivision approval, the terms of this chapter
shall govern such applications, and all references to the Planning Board shall
also include the Zoning Board of Adjustment.
