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 this chapter pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty not to exceed $2,000, and each lot disposition so made may be deemed a separate violation.
[Amended 5-23-2002 by Ord. No. 2002-20; 3-23-2006 by Ord. No. 2006-16]
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 developer or his 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.
The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of this chapter, may apply in writing to the Secretary of the Board exercising jurisdiction in the municipality for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
The Board Secretary shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said Secretary shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office,
Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:
Whether there exists in said municipality a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of this Act.
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.
The Board Secretary shall be entitled to demand and receive for such certificates issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:15-15. The fees so collected by such Secretary shall be paid by him to the municipality.
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to § 365-29.
If the Board Secretary designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to § 365-29.
Any such application addressed to the Clerk of the municipality shall be deemed to be addressed to the proper designated officer and the municipality shall be bound thereby to the same extent as though the same was addressed to the designated official.
All sections of the Land Subdivision Ordinance, Zoning Ordinance, Site Plan Review Ordinance or any other ordinance of the Borough of Fort Lee which contains provisions contrary to the provisions of this chapter shall be and are hereby, to the extent of such inconsistency, repealed.
All applications for development filed prior to the new effective date of this chapter may be continued, but any new application occurring subsequent to the effective date of this chapter shall be governed and reviewed in accordance with the provisions of this chapter.
Immediately upon adoption of this chapter, the Borough Clerk shall file a copy of this chapter with the County Planning Board as required by law. The Clerk shall also file with said County Planning Board copies of all other ordinances of the Borough relating to land use.
It is the intention that this chapter conform to all mandatory requirements of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., relative to subdivision review and approval. To the extent that any provisions of this chapter are inconsistent with the mandatory requirements of said law, it is the intent of the Mayor and Council of the Borough that said mandatory requirements shall govern applications for subdivision review and approval.
To the extent that the Zoning Board of Adjustment is empowered to review and grant applications for subdivision approval, the terms of this chapter shall govern such applications, and all references to the Planning Board shall also include the Zoning Board of Adjustment.