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:
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.
