If, before final subdivision approval has been
granted, any person transfers or sells or agrees to 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 the Township's approval is required, such person shall be subject
to a penalty of $1,000. Each lot disposition shall be deemed a separate
violation.
In addition to the foregoing, the Township may
institute and maintain a civil action for injunctive relief and 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 law by the Township.
In any such action, the transferee, purchaser
or grantee is entitled to a lien upon the portion of the land from
which the subdivision was made that remains in the possession of the
developer or his or her assigns or successors to secure the return
of any deposits 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.