A. If, before 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 concerning which, by ordinance, the Board is required to act, such person shall be subject to a fine not to exceed five hundred dollars ($500.) or to imprisonment for not more than ninety (90) days, or both. Each parcel, plot or lot so sold or transferred or agreed to be sold shall be deemed a separate violation.

B. 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 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 township 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 P .L. 1975, c. 291.

C. 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. All such actions must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years if unrecorded.

These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Nutley, New Jersey.