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 Joint Planning Board is required to act, such person shall be subject to the penalties in Chapter 1, General Provisions, Article I, § 1-14, and each parcel, plot or lot so disposed of shall be deemed a separate violation.
A.
In addition to the foregoing, if the streets in the
subdivision are not such that a structure on said land in the subdivision
would meet requirements for a building permit under Section 3 of the
Official Map and Building Permit Act (1953),[1] 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 Section 24 of Chapter 433 of
the Laws of 1953,[2] but only if the municipality has a Planning Board or a
Committee thereof with power to act and which:
(a)
Meets regularly on a monthly or more frequent
basis; and
[2]
Editor's Note: Repealed by L. 1975, c. 291.
See N.J.S.A. 40:55D-1 et seq.
[1]
Editor's Note: This statute was repealed by
L. 1975, c. 291, the Municipal Land Use Law (N.J.S.A. 40:55D-1 et
seq.). Various sections of the Municipal Land Use Law have replaced
the Official Map and Building Permit Act (1953), N.J.S.A. 40:55-1.30
to 40:55-1.42.
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 successor, 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. 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.
