Borough of Essex Fells, NJ
Essex County
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Table of Contents
Table of Contents
General. 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 Borough approval is required, the person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
Specific relief. In addition to the foregoing, the Borough may institute and maintain a civil action:
For injunctive relief; and
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 N.J.S.A. 40:55D-56 of the Municipal Land Use Law.
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 the land or within six years, if unrecorded, as set forth in N.J.S.A. 40:55D-55.
It shall be the responsibility of an applicant to maintain and enforce all conditions required by the Boards in granting approval of an application for development as set forth in the resolution of approval, minutes of the Boards or on the site plan or subdivision plat submitted as part of the application. Failure to do so shall be considered a violation of this article.
Unless otherwise specifically provided in this chapter, any violation of the provisions of this chapter shall be punishable as provided in Chapter 1, Article III, General Penalty. Each day the violation continues after a notice and a reasonable opportunity to correct or remedy the violation shall constitute a separate violation.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).