A.Â
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 this chapter pursuant to the
Municipal Land Use Law,[1] 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.
[1]
Editor's Note: See. N.J.S.A. 40:55D-1 et seq.
B.Â
In addition to the foregoing, the municipality may institute and
maintain a civil action for injunctive relief and to set aside and
invalidate any conveyance made pursuant to such contract of sale if
a certificate of compliance has not been issued in accordance with
N.J.S.A. 40:55D-56. 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 prices 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.
C.Â
For each and every violation of any provisions of Parts 3 and 4 of
this chapter, the owner, contractor or other persons interested as
general agent, architect, building contractor, owner or tenant or
any other persons who commit, take part or assist in violation of
this chapter or who maintain any building or premises in which any
violation of this chapter shall exist and who shall have refused to
abate said violation within 10 days after written notice shall have
been served upon him either by mail or personal service or such further
time as is provided in such notice shall for each and every violation
be imprisoned in the Salem County Jail for a period not exceeding
90 days or be fined not exceeding $1,000, or both, at the discretion
of the court before whom a conviction may be had. Each and every day
that such violation continues after such notice shall be considered
a separate and specific violation of this chapter.
Immediately upon the adoption of this chapter, the Municipal
Clerk shall file a copy of this chapter with the Salem County Planning
Board as required by law.
[Added 3-9-87 by Ord. No. 379]
If the provisions of any chapter, Article, section, subsection
or clause of this chapter shall be judged invalid by a court of competent
jurisdiction, such court judgment shall not affect or invalidate the
remainder of any chapter, Article, section, subsection or clause,
and to this end all provisions of this chapter are hereby declared
to be severable.[1]
[1]
Editor's Note: Former Art. XXIV, Affordable Housing, adopted
11-25-08 by Ord. No. 2008-12, as
amended, which immediately followed this article, was repealed 4-13-2021 by Ord. No. 2021-7, and again 10-26-2021 by Ord. No. 2021-12.
