[Amended 6-13-1988 by Ord. No. 1466]
Any interested party may appeal to the governing body any final decision of a Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made with 10 days of the date of publication of such final decision. The appeal to the governing body shall be made by serving the municipal clerk in person or by certified mail with a notice of appeal, specifying the grounds therefor and the name and address of the appeallant and name and address of his attorney, if represented. The appellant shall 1) within five days of service of the notice of appeal, arrange for a transcript pursuant to N.J.S.A. 40:55D-10 for use by the governing body and pay a deposit of $50 or the estimated cost of such transcript, whichever is less, or 2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the municipal clerk; otherwise, the appeal may be dismissed for failure to prosecute. The Governing Body shall conduct its review in accordance with N.J.S.A. 40:55D-17.
A. 
Premature sale. 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 Borough approval is required, such person shall be subject to a penalty of $500. Each lot disposition shall be deemed a separate violation.
B. 
Civil action. In addition to the foregoing, Hasbrouck Heights Borough may institute and maintain a civil action for injunctive relief and 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 law.
C. 
Effect of transferee, purchaser or grantee. In any such action, the transferee, purchaser or grantee is 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 to 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.
D. 
Other penalties. Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $500 for each offense. Each day that a violation occurs or is committed shall constitute a separate offense.
All amendments of this chapter shall be adopted in accordance with the provisions of New Jersey law.
In the interpretation and the application of the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this chapter imposes greater restrictions, the provision of this chapter shall apply.