If, before final subdivision approval has been granted, any
person transfers or sells or agrees to 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 persons 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:
B. To set aside and invalidate any conveyance made pursuant to such
a contract or sale if a certificate of compliance has not been issued
in accordance with Section 44 of the Municipal Land Use Law.
In any such action brought under §
90-52 above, 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 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.
Immediately upon adoption of this chapter, the Municipal Clerk
shall file a copy of this chapter with the County Planning Board as
required by law.