[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In addition to the foregoing penalty in §
316-61 above, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet the requirements for a building permit under the Municipal Land Use Law (N.J.S.A. 40:55D-32 et seq.), the Township may institute and may maintain a civil action:
B. To set aside and invalidate any
conveyance made pursuant to such a contract or sale if a certificate
of approval has not been issued in accordance with Section 24 of Chapter
433 of the Laws of 1953, as amended, N.J.S.A. 40:55-56D.
In any such action brought under §
316-62 of this chapter, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made which 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 brought under §
316-62 of this chapter must be brought within two years after the date of recording of the instrument of transfer, sale or conveyance of said land or within six years if unrecorded.
[Added 7-25-2000 by Ord.
No. 2000-18]
An approval of any subdivision by the appropriate approving
authority under the provisions of this chapter and any conditions
thereof shall be binding upon the developer/applicant and upon any
subsequent heirs and/or assigns. Said approval shall not be amended
or altered in any manner without prior approval from the appropriate
approving authority. Failure to adhere to an approved subdivision
plan or condition of approval contained in a subdivision plan shall
be deemed a violation of this chapter.