[Amended 6-5-1984 by Ord. No. O:84-18]
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 punished as provided in Chapter 1, General Provisions, Article II, General Penalty; and each parcel, plot or lot so disposed of shall be deemed a separate violation.
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 3 of the Official Map and Building Permit
Act (1953), the municipality may institute and maintain a civil action:
A.
For injunctive relief. 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 24 of Chapter 433 of the Laws
of 1953, but only if the municipality has a Planning Board or a Committee
thereof with power to act and:
B.
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
successors, 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.
These rules, regulations and standards shall be considered the minimum
requirements for the protection of the public health, safety and welfare of
the citizens of the Town of Phillipsburg. Any action taken by the Planning
Board under the terms of this chapter shall give primary consideration to
the above-mentioned matters and to the welfare of the entire community. However,
if the subdivider or his agent can clearly demonstrate that, because of peculiar
conditions pertaining to his land, the literal enforcement of one or more
of these regulations is impracticable or will exact undue hardship, the Planning
Board may permit such variance or variances as may be reasonable and within
the general purpose and intent of the rules, regulations and standards established
by this chapter.
