[Amended 7-6-2006 by Ord. No. 06-10]
If before final subdivision approval has been
granted, any person transfers or sells or agrees to transfer or sell,
except pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which Township approval is required by this chapter pursuant to
the Municipal Land Use Law, such person shall be subject to the penalties
provided by N.J.S.A. 40:55D-55, as amended and supplemented.
In addition to the foregoing, the municipality
may institute and maintain a civil action for injunctive relief and
to set aside and invalidate any conveyance made pursuant to such contract
of sale if a certificate of compliance has not been issued in accordance
with N.J.S.A. 40:55D-56. 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 developer, or his/her assigns or successors, to secure the
return of any deposits made or purchase prices paid, and also a reasonable
search fee, survey expenses, 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.
[Amended 7-6-2006 by Ord. No. 06-10]
Violations of Parts 3 and 4 of this chapter shall be punishable as provided in § 1-15 of this Code.
Immediately upon the adoption of this chapter,
the Municipal Clerk shall file a copy of this chapter with the Salem
County Planning Board as required by law.
This chapter shall take effect upon the filing
thereof with the County Planning Board, after final passage, adoption
and publication in the manner prescribed by law.
