A. 
Notice of appeal. Any interested party may appeal to the governing body as to the final decision of the approving authority. Such appeal shall be made within 10 days of the date of publication of such final decision as provided by law. The appeal to the governing body shall be made by serving the Borough Clerk personally or by certified mail with a notice of appeal specifying the grounds thereof, the name and address of the appellant and the name and address of the appellant's attorney, if represented by an attorney. Such appeals shall be decided by the governing body only upon the record established before the approving authority.
B. 
Notice of meeting. Notice of meeting to review the record of the approving authority shall be given by the governing body by personal service or service by certified mail to the appellant and those entitled to notice of the decision and to the approving authority at least 10 days prior to the date of the meeting. The parties may submit oral or written argument on the record of the approving authority at such meeting.
C. 
Decision by governing body. The governing body shall conclude a review of the record below not later than 45 days from the date of receipt of the transcript of the hearing unless the appellant consents, in writing, to an extension of such time period. The appellant shall arrange for a transcript or otherwise for use of the governing body. Failure of the governing body to hold a hearing and to conclude a review of the record below and to render a decision within the specified time period, without written consent to an extension in time by the appellant, shall constitute a decision-affirming action of the approving authority.
D. 
Action of governing body. The governing body may reverse, remand or affirm, wholly or in part, or may modify the final decision of the approving authority. The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand or modify any final action of the approving authority.
E. 
Stay of proceedings. An appeal to the governing body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the approving authority certifies to the governing body, after the notice of appeal shall have been filed with the approving authority, that by reason of facts stated in the certificate a stay would, in its opinion, cause eminent peril to life or property. In such case, proceedings shall not be stayed other than by order of the Superior Court of New Jersey on application upon notice to the approving authority from whom the appeal is taken and on good cause shown.
F. 
Copy of decision; notice. The governing body shall mail a copy of the decision to the appellant or, if represented by an attorney, to his attorney without separate charge and to any interested party who may have requested the decision upon payment of such fees as the municipality may require, not later than 10 days after the date of the decision. A brief notice of the decision of the governing body shall be published in the official newspaper of the municipality. Such publication shall be arranged for by the appellant. The period in time within which appeal to a court of competent jurisdiction may be made shall run from the date of the first publication of said notice of decision.
A. 
Premature sale. 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 upon final subdivision approval, as owner or agent any land which forms a part of a subdivision for which municipal approval is required, such person or persons shall be subject to a penalty of not to exceed $1,000, together with disbursements and reasonable fees and legal expenses incurred by the municipality to bring the necessary legal action to impose the penalty. Each parcel, plot or lot so disposed of shall be deemed a separate violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Civil action. 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 according to law.
C. 
Effect on transferee, purchaser or grantee. In any such action, the transferee, purchaser or grantee is entitled to a lien upon that 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 said land or within six years if unrecorded.