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 ordinance pursuant to 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 addition to the foregoing, the Township may
institute and maintain a civil action:
A.
For injunctive relief.
B.
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 Article VI of this chapter.
C.
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of land from which the
subdivision was made that remains in the possession of the developer
or his/her 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 such land or within six years,
if unrecorded.
D.
The penalties and other relief provided in this article
shall be in addition to any and all other penalties and other relief
provided under the ordinances of the Township or any applicable law.
