Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
A. 
Penalties. If, before favorable referral and final subdivision approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, except pursuant to an agreement expressly conditioned on final subdivision approval, any land which forms part of a subdivision on which, by ordinance, the Planning Board is required to act, such person shall be subject to a fine not to exceed $1,000, and each parcel, plot or lot so disposed of shall be deemed a separate violation in accordance with the provisions of N.J.S.A. 40:55D-55.
B. 
Civil remedies. In addition to the foregoing, the Township may institute and maintain a civil action:
(1) 
For injunctive relief.
(2) 
To set aside and invalidate any conveyance made pursuant to such contract of sale, if a certificate of compliance has not been issued in accordance with the provisions of N.J.S.A. 40:55D-56.
C. 
Lien. In any such action, the transferee, purchasers 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 subdivider or his/her assigns or successors to secure the return of any deposit 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 such land, or within six years if unrecorded.
Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit or certificate of occupancy, as the case may be, shall be construed to be a violation of this Part 2 and shall be grounds for the revocation of any building permit or certificate of occupancy, as the case may be. Written notice of revocation, sent by certified mail by the Construction Code Official, requiring compliance with the conditions of site plan approval within a period of time of not less than five days shall effectively revoke any building permit or certificate of occupancy, as the case may be, if compliance shall not be made within the time limit set.
A. 
In addition to the penalties set forth above, and for any other violation of the provisions of this Part 2, the provisions of Chapter 1, Article III, shall apply.
B. 
All actions to enforce any lien set forth in this article or to revoke any permit shall follow the procedures set forth in this Code.