[Amended 1-31-1977 by Ord.
No. 77-35; 10-23-2006 by Ord. No. 06-656]
If, before final subdivision approval has been granted, any person transfers
or sells or agrees to transfer or sell, except pursuant to an agreement expressly
conditioned on final subdivision approval, as owner or agent, any land which
forms a part of a subdivision for which municipal approval is required by
this chapter, such person shall be subject to a penalty not to exceed $2,000
or imprisonment for a term not exceeding 90 days, or both, and each lot disposition
so made may be deemed a separate violation.
In addition to the penalty set forth in § 234-29, 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 Chapter 434 of the Laws of 1953 (N.J.S.A. 40:55-1.32)[1], the Township may institute and maintain civil action:
A.
For injunctive relief.
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 Section 24 of Chapter 433 of the Laws of 1953 (N.J.S.A.
40:55D-1.24[2]).
[2]
Editor's Note: N.J.S.A. 40:55-1.24 was repealed by P.L. 1975, c. 291,
and replaced by N.J.S.A. 40:55D-56.
[1]
Editor's Note: N.J.S.A. 40:55-1.32 was repealed by P.L. 1975, c. 291,
and replaced by N.J.S.A. 40:55D-32, 40:55D-38 to 40:55D-41 and 40:55D-44.
In any civil action referred to in § 234-30, 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.
