Borough of Paulsboro, NJ Article VII Penalties; Severability; Appeals; Effect

§ 70-23 Violations and penalties.

A. 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 municipal approval is required by ordinance pursuant to 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:

(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.

C. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land which the subdivision was made that remains in the possession of the subdivider or his assigns or successors, to secure the return on any deposit made or purchase price paid and also to 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.

§ 70-24 Severability.

If any article, section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter.

§ 70-25 Appeals.

Nothing in this chapter shall be construed to restrict the right of any party to obtain a review by a court of competent jurisdiction according to law.

§ 70-26 When effective.

This chapter shall take effect immediately upon final passage and publication in accordance with the laws of the State of New Jersey.