If, before final subdivision approval has been granted, any person who 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 ordinance, such person shall be subject to a penalty not to exceed one thousand ($1,000.00) dollars or each lot disposition so made shall be deemed a separate violation. (Ord. 6 S+FB, 2-17-82 § 10.1)

In addition to the penalty set forth in Section 38:10-54, if the streets in the subdivision are not such that a structure on the land in the subdivision would meet the requirements for a building permit under Article 5 of the Municipal Land Use Law (N.J.S. 40:55D-32 et seq.), the City 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 N.J.S. 40:55D-56.

(Ord. 6 S+FB, 2-17-82 § 10.2)

In any such action described in Section 38:9-2 of this chapter, the transferree, 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 developer or his/her assign or successors, to secure the return of any deposits 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 (2) years after the date of the recording of the instrument of transfer, sale or conveyance of the land or within six (6) years, if unrecorded. (Ord. 6 S+FB, 2-17-82 § 10.3)