The site plan provisions of this chapter shall
be enforced by the Building Inspector of the Borough of Palisades
Park or his duly designated agent.
A.
If, before final approval of a subdivision 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 municipal approval is required by this chapter, such person
shall be subject to a penalty not to exceed $1,000, and each lot disposition
so made may be deemed a separate violation.
B.
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 a contract of sale if a certificate of compliance has not been issued in accordance with § 167-113 hereunder, but only if the municipality has a Planning Board and has adopted by ordinance standards and procedures in accordance with N.J.S.A. 40:55D-1 et seq.
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 developer
of his assigns or successors to secure the return of any deposits
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.
A.
The prospective purchaser, prospective mortgagee or
any person interested in any land which forms a part of a subdivision
or which formed part of a subdivision three years preceding the effective
date of the Municipal Land Use Law[1] may apply, in writing, to the Board Secretary of the Municipal
Planning Board for issuance of a certificate certifying whether or
not such subdivision has been approved by the Planning Board. Such
application shall contain a diagram showing the location and dimensions
of the land to be covered by the certificate and the name of the owner
thereof.
[1]
Editor's Note: The effective date of the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) is August 1, 1976.
B.
The Board Secretary shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said Secretary shall keep a duplicate copy of each
certificate, consecutively numbered, including a statement of the
fee charged, in a binder as a permanent record of his office.
C.
Each certificate shall be designated "a certificate
as to approval of subdivision of land" and shall certify whether:
(1)
There exists in said municipality a duly established
Planning Board and whether there is an ordinance controlling subdivision
of land adopted under the authority of the Municipal Land Use Law.
(2)
The subdivision, as it relates to the land shown in
said application, has been approved by the Planning Board and, if
so, the date of such approval and any extensions and terms thereof,
showing the subdivision of which the lands are a part as a validly
existing subdivision.
(3)
Said subdivision, if the same has not been approved,
is statutorily exempt from the requirements of approval as provided
in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and this
chapter.
D.
The Board Secretary shall be entitled to demand and
receive for such certificate issued by him a reasonable fee not in
excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees
so collected by such Secretary shall be paid by him to the municipality.
A.
Any person who shall acquire, for a valuable consideration, an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to § 167-112 of this article.
B.
If the Board Secretary designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to § 167-112 of this article.
C.
Any such application addressed to the Clerk of the
municipal-ity shall be deemed to be addressed to the proper designated
officer, and the municipality shall be bound thereby to the same extent
as though the same was addressed to the designated official.
In case any building or structure is erected,
constructed, altered, repaired, converted or maintained or any building,
structure or land is used in violation of this chapter or the Municipal
Land Use Law,[1] the proper local authorities of the municipality or an
interested party, in addition to other remedies, may institute any
appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use; to restrain, correct or abate such violation; to prevent the
occupancy of said building, structure or land; or to prevent any illegal
act, conduct, business or use in or about such premises.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
