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 concerning which, by ordinance, the Joint Land Use Board and the governing body are required to act, such person shall, upon conviction thereof, be punished by a fine not exceeding $200, or by imprisonment for a term not exceeding 30 days. Each parcel, plot or lot so disposed of shall be deemed a separate violation.
In addition to the penalty set forth in § 386-43, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet the requirements for a building permit under Section 3 of the Official Map and Building Permit Act (1953) (N.J.S.A. 40:55-1.30 et seq.), the Borough may institute and maintain a 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. 40:55-1.24).
In any such action referred to in § 386-44, 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. All such actions 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.