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Borough of River Edge, NJ
Bergen County
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Table of Contents
Table of Contents
Code
New Laws (0) Index Notes (2)
[Amended 1-13-1977 by Ord. No. 682]
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 Borough of River Edge. 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 (1) or more of these regulations is impracticable or will exact undue hardship, the Planning Board may permit the variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
[Amended 1-13-1977 by Ord. No. 682]
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 Planning Board approval is required pursuant to this chapter, such persons shall be subject to a penalty not to exceed one thousand dollars ($1,000.), and each lot disposition so made may be deemed a separate violation.
[Amended 1-13-1977 by Ord. No. 682]
A. 
In addition to the foregoing, the municipality may institute and maintain a civil action;
(1) 
For injunctive relief; and
(2) 
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 § 44 of Chapter 291, Laws of 1975, N.J.S.A. 40:55D-56.
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 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 (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years, if unrecorded.