If, before final approval and favorable referral has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board is required to act, such person shall be subject to a fine not to exceed $2,000 or imprisonment for a term not to exceed 90 days or a requirement to perform community service for a period not to exceed 90 days, and each parcel, plot or lot so disposed of shall be deemed a separate violation.
[Amended 12-20-1989 by Ord. No. 1510; 6-6-2007 by Ord. No. 1902-07]
In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet requirements for a building permit under § 3 of the Official Map and Building Permit Act (1953), the Borough may institute and maintain a civil action for injunctive relief or to set aside and invalidate any conveyance. 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 subdivider 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.
[Amended 12-20-1989 by Ord. No. 1510]
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough of Hawthorne. Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Planning Board may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.