If, before favorable referral and final approval have been obtained,
any person transfers or sells or agrees to sell, as owner or agent,
any land which forms a part of a subdivision on which, by ordinance,
the Land Use Board and the governing body are required to act, such
person shall, upon conviction thereof, 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.
In addition to the foregoing, if the streets in the subdivision
are not such that a structure on said land in the subdivision would
meet requirements for a building permit under N.J.S.A. 40:55D-34 and
40:55D-35, the Township may institute and maintain a civil action:
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 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 shall be brought within two years after the
date of the recording of the instrument of transfer, sale or conveyance
of the land or within six years, if unrecorded.
