In addition to the other remedies set forth in this chapter, the Borough Council or the Land Use Officer may, in the event of a sale, transfer or agreement which violates § 310-128 of this chapter, institute and maintain a civil action:
A.
For injunctive relief; and
B.
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 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 or her
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.
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 the Municipal Land Use Law[1] or of this chapter or any other regulation made pursuant
to the authority conferred by the Municipal Land Use Law, the Borough
Council, the Land Use Officer or his or her duly designated representative
or an 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
