If, before final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board is required to act, such person shall be punishable as provided in Chapter 1, Article I, of the Code of the Borough of Pemberton, and each parcel, plot or lot so disposed of shall be deemed a separate violation.
A.Â
In addition to the foregoing, if the streets in the subdivision
are not such that a structure on said land in the subdivision would meet requirements
for a building permit under Section 26 of The Municipal Land Use Law (1975),[1] the Borough may institute and maintain a civil action:
(1)Â
For injunctive relief.
(2)Â
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 Section 44 of the Municipal Land Use Law (1975), N.J.S.A.
40:55D-56, but only if the Borough has a Planning Board or a committee thereof
with power to act and which meets regularly on a monthly or more frequent
basis and whose governing body has adopted standards and procedures in accordance
with Section 29 of the Municipal Land Use Law (1975), N.J.S.A. 40:55D-39.
[1]
Editor's Note: See N.J.S.A. 40:55D-35.
B.Â
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 subdivider or his assigns or
successor, to secure the return of any deposit 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.
