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Allentown City Zoning Code

§ 28-18.3

Violations and Penalties.

[Added 4-20-2021 by Ord. No. 03-2021]
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 on which, by ordinance, the Planning Board is required to act, such person shall be subject to a fine not to exceed $1,000 and each parcel, plot or lot so disposed of shall be deemed a separate violation. In addition thereto, the Borough may invoke such other relief as is provided in N.J.S.A. 40:55D-55.
b. 
In addition to the foregoing, if the streets in the subdivision are not such that a structure on such land in the subdivision would meet requirements for a building permit under the provisions set forth in § 28-15, being in accord with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. or as it may be amended or supplemented, the Borough may institute or maintain a civil action:
1. 
For injunctive relief.
2. 
To set aside and invalidate any conveyance made pursuant to such a contract of sale or as a result of a sale if a certificate of compliance has not been issued in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
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.