[Amended 8-23-2022 by Ord. No. 5739]
The Planning Board, when acting upon applications for preliminary
or minor subdivision approval or for preliminary site plan approval,
shall have the power to grant such exceptions from the requirements
for approval as may be reasonable and within the general purpose and
intent of the provisions herein, if the literal enforcement of one
or more provisions herein is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the land in question.
[Amended 8-23-2022 by Ord. No. 5739]
A. If, before final subdivision approval has been granted, any person
transfers or sells, except pursuant to an agreement expressly conditioned
on final subdivision approval, as owner or agent, any land which forms
a part of a subdivision, 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 Township may institute and maintain
a civil action:
(1)
For injunctive relief; and
(2)
To set aside and invalidate conveyance made pursuant to such
a contract of sale if a certificate of compliance has not been issued
in accordance with Section 44 of the Municipal Land Use Law (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 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.