[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A. 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 municipal 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.
B. In addition
to the foregoing, the City may institute and maintain a civil action:
(1) For
injunctive relief; and
(2) 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 N.J.S.A. 40:55D-56 but only if the municipality has a planning
board and has adopted by ordinance standards and procedures in accordance
with N.J.S.A. 40:55D-38.
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 developer or his 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 said land or within six years, if unrecorded.