§ 184-73. Selling before final subdivision approval.

A. 

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 Borough approval is required by this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.

B. 

In addition to the foregoing, the Borough may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with §§ 184-74, 184-84 and/or 184-86. 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 developer or his or her assigns 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 years of the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.