[Amended 11-24-1992 by Ord. No. 92-23; 3-14-2006 by Ord. No. 06-2]
If before favorable referral and final approval
have 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 the Planning Board and the governing body are required to act,
such person shall, upon conviction, be punished as provided in N.J.S.A.
40:55D-55, as amended and supplemented.
[Amended 11-24-1992 by Ord. No. 92-23]
In addition to the penalty set forth in §
387-42, 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 N.J.S.A. 40:55D-34 and 40:55D-35, the Borough may institute and maintain a civil action:
B. 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 N.J.S.A. 40:55D-56, provided that the
Planning Board or a committee thereof meets regularly on a monthly
or more frequent basis, and that the Council has adopted standards
and procedures in accordance with N.J.S.A. 40:55D-47 to 40:55D-50.
In any civil action referred to in §
387-43, 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. The lien shall 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.