[Ord. #585, § 1005A]
If, before final subdivision approval has been
obtained, any person transfers or sells, or agrees to transfer or
sell, as owner or agent, any land which forms part of a subdivision
on which the Board is required to act in accordance with the provisions
of this chapter, except pursuant to an agreement expressly conditioned
on final subdivision approval, such person shall be subject to a fine
not to exceed one thousand ($1,000.00) dollars, 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.
[Ord. #585, § 1005B]
In addition to the foregoing, the Township may
institute and maintain a civil action:
b. To set aside and invalidate any conveyance made pursuant
to such contract of sale, if a certificate of compliance has not been
issued in accordance with the provisions of N.J.S.A. 40:55D-56.
[Ord. #585, § 1005C]
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. Any such action
must be brought within two years after the date of the recording of
the instrument of transfer, sale or conveyance of the land or within
six years, if unrecorded.