1978 - 10-16-78 Regular Meeting - Laserfiche WebLink

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BOOK 9 ME294 ARTICLE IV GENERAL PROVISIONS A. Penalties for Violation After the effective date of this ordinance, any person who, being the olrner or agent of the owner of any land located within the ter- ritorial jurisdiction of this ordinance, thereafter subdivides his land in violation of this ordinance or transfers or sells land by ref- erence to, exhibition of, or any other use of a plat showing a sub- division of the land before the plat has been properly approved under the terms of this ordinance and recorded in the office of the Lee County Register of.Deeds, shall be guilty of a misdemeanor. The des- cription by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The county through its attorney or other official designated by the county commissioners may enjoin illegal subdivision, transfer, or sale of land by action for injunction. Further, violators of this ordinance shall be subject, upon conviction, to-fine and/or imprisonment as provided by G. S. 14-4. B. Separability Should any section or provision of this ordinance be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitu- tional or invalid. C. Variances Where, because of severe topographical or other conditions pe- culiar to the site, strict adherence to the provisions of this or- dinance would cause an unncessary hardship, the county commissioners may, on recommendation of the planning board, authorize a variance to the terms of this ordinance only to the extent that is absolutely necessary and not to an extent which would violate the intent of the ordinance. D. Registration of Ordinance and Plats 1. In accordance with Article 153A-332 of the General Statutes of ?forth Carolina, the county commissioners shall file a copy of this ordinance with the Register of Deeds of Lee County upon adoption. 2. The register of deeds shall not, after the effective date of this ordinance, record a plat of a subdivision of land lying within the jurisdiction of this ordinance that has not been approved in accordance with the provisions contained herein; -4-