If, before favorable referral and final approval
has been obtained, any person transfers or sells, or agrees to sell
as owner or agent, 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.
A.
In addition to the foregoing, the Township may institute
and maintain a civil action:
B.
In any such action, the transferor, 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 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 said land or within six years if
unrecorded.
