In addition to the foregoing, the municipality 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 N.J.S.A. 40:55D-56, but only if the municipality
has a Planning Board or a committee thereof with power to act and
which meets regularly on a monthly or more-frequent basis and whose
governing body has adopted standards and procedure in accordance with
N.J.S.A. 40:55D-38. 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 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.
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 Somerdale. Any action
taken by the governing body and the Planning Board under the terms
of this Part 3 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 and governing body may permit such variances
as may be reasonable and within the general purpose and intent of
the rules, regulations and standards established by this Part 3.