These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar or unique conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Planning Board may permit such variance as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
No building permit shall be issued for any building or structure until the Board of Health has certified that proper sanitary facilities can be constructed and maintained, and no certificate of occupancy shall be issued unless all local ordinances have been fully complied with and the Board of Health has certified that any individual sanitary or sewage disposal system and private source of water supply is ready for service.
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 or if at any time any person violates any of the terms and provisions of this chapter, such person shall be punishable as set forth in Chapter 1, General Provisions, Article III, General Penalty. Each parcel plot or lot so disposed of shall be deemed a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
In addition to the penalty provided in accordance with N.J.S.A. 40:55D-55, the Borough may institute and maintain a civil action:
(1) 
For injunctive relief.
(2) 
To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
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 other title closing costs, 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.