(A) Short title. This article shall be known and may be cited as the "Mocksville Subdivision Ordinance" or "this article".
(B) Purpose. The provisions of this article are adopted pursuant to the authority conferred by G.S. §§ 160A-371 through 160A-376 for the purpose of providing for the orderly development of the town and its environs by regulating the subdivision of land. The regulations contained herein are intended to coordinate proposed development with existing development and with officially adopted plans for future development of the town; to coordinate streets within subdivisions with existing or planned streets or with public facilities; to secure or protect adequate rights-of-way and easements for street or utility purposes including the dedication of rights-of-way pursuant to G.S. §§ 136-66.10 or 136-66.11; to secure adequate spaces for recreation areas; to provide for the distribution of population and traffic in a manner which shall avoid congestion and overcrowding and will create conditions essential to public health, safety and the general welfare; and to ensure the proper legal description, monumentation and recording of subdivided land.
(C) Jurisdiction. The provisions of this article shall apply to all subdivision activities, as defined in § 8-2.2 of this article, within the corporate limits and the extraterritorial zoning jurisdiction of the town, as now or hereafter established. Any subdivision for which a preliminary plat has been approved by the county prior to becoming subject to the town's subdivision ordinance may, at the option of the developer, be developed in its entirety in accordance with the county subdivision ordinance. Any subdivision for which a preliminary plat has been submitted to the county, but not approved prior to becoming subject to the town's subdivision ordinance, shall comply with town ordinance standards.
(D) Separability. If any section, paragraph, subsection, clause or provision of this article is adjudged invalid by a court of competent jurisdiction, the adjudication will apply only to the section, paragraph, subsection, clause or provision so adjudged and the remainder of this article will be deemed valid and effective.
(E) Compliance with article. All plats for the subdivision of land must conform to the requirements of this article, and be submitted in accordance with the procedures and specifications established herein. The description by metes and bounds in an instrument of transfer or other document used in the process of selling or transferring land will not exempt the transaction from compliance with this article. No utility shall be extended nor any permit be issued by an administrative agent of the town for the construction of any building or other improvement upon any land for which a plat is required until the requirements of this article have been met and the final plat approved.
(F) Effective date. These regulations shall become effective upon the date of their adoption by the Board of Commissioners of the town.
(2003 Code, § 8-2.1) (Adopted 4-1-2003)