A. The penalties set forth in § 175-163 shall not be the exclusive remedy available and nothing in this chapter shall prevent the application for and obtaining of injunctive relief as set forth below.
B. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any other ordinance or other regulation made under authority conferred hereby, the proper local authorities of the town or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, to prevent any illegal act, conduct, business or use in or about such premises.
C. Civil actions.
(1) In addition to the foregoing, the town may institute and maintain a civil action:
(a) For injunctive relief.
(b) To set aside and invalidate any conveyance made pursuant to a contract of sale and before final subdivision approval has been granted if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
(2) In any 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 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 after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years if unrecorded.
D. Neither the Planning Board, Zoning Board of Adjustment nor the Town Council shall approve the application of any corporation or partnership which does not comply with this chapter.
E. The Planning Board or Zoning Board of Adjustment, as the case may be, may by resolution rescind a prior resolution approving a subdivision or site plan if the applicant fails to comply with the conditions of said approving resolution or if another referring authority imposes conditions contrary to the original resolution.
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