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 Township approval is required by this chapter, such person
shall be subject to a penalty not to exceed $1,000 and each lot disposition
so made may be deemed a separate violation.
In case any building or structure is erected,
constructed, altered, repaired, converted or maintained, or any building,
structure or land is used, in violation of this chapter, the Township
Committee, the Construction Official, the subcode official or any
interested party, in addition to other remedies, may institute any
appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use, to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure or land or to prevent any illegal
act, conduct, business or use in or about such premises.
In addition to the other remedies set forth in this chapter, the Township Committee, the Construction Official, the subcode official or any interested party may, in the event of a sale, transfer or agreement which violates § 168-21, institute and maintain an action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate as to approval of subdivision of land shall not have been issued for such conveyance. In any such action, the tranferee, 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 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.
