[Amended 5-10-1995 by Ord. No. 685-95]
A.Â
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 ordinance pursuant to
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.
B.Â
In addition to the foregoing, the municipality may
institute and maintain a civil action:
(1)Â
For injunctive relief; and
(2)Â
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-44 but only if the
municipality has a Planning Board and has adopted by ordinance standards
and procedures in accordance with N.J.S.A. 40:55D-29.
C.Â
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.
