A.
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.
B.
Specific relief. In addition to the foregoing, the
Borough may institute and maintain a civil action:
C.
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.
