Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. #585, § 1005A]
If, before final subdivision approval has been obtained, any person transfers or sells, or agrees to transfer or sell, as owner or agent, any land which forms part of a subdivision on which the Board is required to act in accordance with the provisions of this chapter, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall be subject to a fine not to exceed one thousand ($1,000.00) dollars, and each parcel, plot or lot so disposed of shall be deemed a separate violation in accordance with the provisions of N.J.S.A. 40:55D-55.
[Ord. #585, § 1005B]
In addition to the foregoing, the Township may institute and maintain a civil action:
a. 
For injunctive relief,
b. 
To set aside and invalidate any conveyance made pursuant to such contract of sale, if a certificate of compliance has not been issued in accordance with the provisions of N.J.S.A. 40:55D-56.
[Ord. #585, § 1005C]
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 the land or within six years, if unrecorded.