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, upon conviction, to one or more of the following at the discretion of the court: a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed 90 days or community service not to exceed 90 days, and each lot disposition so made may be deemed a separate violation.
[Amended 7-21-1988 by Ord. No. 12-88; 6-21-1990 by Ord. No. 4-90]
B.
In addition to the foregoing, the municipality may institute and maintain a civil action; for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with Section 44 of Chapter 291, Laws of 1975 (N.J.S.A. 40:55D-56). 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.