If, before 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 provisions of § 209-40, the Borough may institute and maintain a civil action:
B.
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.
C.
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.
