[Amended 9-10-2007 by Ord. No. 2007-16]
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 Planning Board is required to act, such person shall be subject
to a fine not to exceed $2,000, 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, 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 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 such land or within six years if unrecorded.
This chapter shall be construed in para materia with Chapter 74, Land Use Procedures, of this Code which it complements and shall be liberally construed to effectuate the purposes thereof.
