Town of Secaucus, NJ Article VI Administration and Enforcement

§ 119-20 Violations and penalties.

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 Planning Board is required to act, such persons shall be subject to a fine not to exceed $500 or to imprisonment for not more than 90 days or both, and each parcel, plot or lot so disposed of shall be deemed a separate violation.

B. 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 Section 3 of the Official Map and Building Permit Act (1953), as amended, supplemented and in effect,[1] 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 Section 24 of Chapter 433 of the Laws of 1953, as amended, supplemented and in effect,[2] but only if the municipality has a Planning Board or a committee thereof with power to act and which:

(a) Meets regularly on a monthly basis or more frequent basis, and

(b) Whose governing body has adopted standards and procedures in accordance with Section 20 of Chapter 433 of the Laws of 1953, as amended, supplemented and in effect.[3]

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.

[3] Editor's Note: See N.J.S.A. 40:55-1.20.

[2] Editor's Note: See N.J.S.A. 40:55-1.24.

[1] Editor's Note: See N.J.S.A. 40:55-1.30 to 1.42, inclusive.

§ 119-21 Administration of provisions; variances.

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 Town of Secaucus. 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.