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]
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]
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.