If, before favorable referral and 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 and the governing body are
required to act, such person shall be subject to a fine not to exceed
$200 or to imprisonment for not more than 30 days, and each parcel,
plot or lot so disposed of shall be deemed a separate violation.
A.
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), N.J.S.A. 40:55-1.32,
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, N.J.S.A. 40:55-1.24, but only if the municipality has a Planning
Board or a committee thereof with power to act and which meets regularly
on a monthly or more frequent basis and whose governing body has adopted
standards and procedures in accordance with Section 20 of Chapter
433 of the Laws of 1953, N.J.S.A. 40:55-1.20.
B.
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.
