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Township of Willingboro, NJ
Burlington County
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Table of Contents
Table of Contents
A. 
If, before final approval has 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 governing body and the Planning Board is required to act, such person shall be guilty of a violation of this chapter and shall be punishable as provided in N.J.S.A. 40:55D-55. Each parcel, plot or lot so disposed of shall be deemed a separate violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition to any other penalty for a violation of this chapter, if the streets in the subdivision are not such that a structure on the land in the subdivision would meet requirements for a building permit under law, the municipality may institute and maintain a civil action:
(1) 
For injunctive relief;
(2) 
To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, but only if the municipality has a Planning Board or a committee thereof with the power to act and which meets regularly on a monthly or more frequent basis and whose governing body has adopted standards and procedures in accordance with N.J.S.A. 40:55D-37 et seq.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 subdivider or the subdivider's 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 the land, or within six years if unrecorded.
A. 
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of Willingboro Township. Any action taken by the governing body and the Planning Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider or the subdivider's agent can clearly demonstrate that, because of peculiar conditions pertaining to the subdivider's land, the literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the Planning Board and governing body may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
B. 
All ordinances or parts of ordinances, other than Chapter 370, Zoning, of the Code of the Township of Willingboro, which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency. In that planned unit residential development can be best served by providing for varied street patterns, the Planning Board and governing body may permit modifications in the requirements of § 205-63K through O and Q in a planned unit development district where the modifications are reasonable and consistent with sound community development and are within the general purposes and intent to construction of planned unit residential development. Street construction specifications shall be adhered to in all cases, however.