A.
If, before final approval 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 governing body and the Planning Board is required to act, such person shall be guilty of a violation of this chapter and shall be punishable as provided in N.J.S.A. 40:55D-55. Each parcel, plot or lot so disposed of shall be deemed a separate violation.[1]
B.
In addition to any other penalty for a violation of this chapter, if the streets in the subdivision are not such that a structure on the land in the subdivision would meet requirements for a building permit under law, the municipality may institute and maintain a civil action:
(1)
For injunctive relief;
(2)
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 N.J.S.A. 40:55D-56, but only if the municipality has a Planning Board or a committee thereof with the power to act and which meets regularly on a monthly or more frequent basis and whose governing body has adopted standards and procedures in accordance with N.J.S.A. 40:55D-37 et seq.[2]
C.
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 subdivider or the subdivider's 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 the land, or within six years if unrecorded.