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§ 152.71 BUFFERING, RECREATION, AND OPEN SPACE REQUIREMENTS.
   (A)   Buffering. Whenever a residential subdivision is located adjacent to an office, institutional, commercial, or industrial use which does not have a buffer, or property zoned for these uses, and a buffer is not required between these and the subdivision, the subdivider shall provide a buffer as defined in §152.10. The width of the buffer shall be in addition to the lot area required by the zoning ordinance. The buffer shall become part of the lot on which it is located, or in the case of commonly owned property, shall be deeded to the homeowners' association.
   (B)   Recreation and open space.
      (1)   Every person or corporation who subdivides land into 25 or more lots for residential purposes shall be required to dedicate a portion of the land, as set forth in this chapter for the purposes of park, recreation, and open space sites to serve the residents of the neighborhood in which the subdivision is located. The amount of land required to be dedicated by a subdivider shall be determined as follows: The minimum amount of land that shall be dedicated for recreation, parks, or open space in all subdivisions of 25 lots or more shall be one-half acre for each subdivision, or 5% of the gross acreage, whichever is greatest.
      (2)   Criteria for evaluating suitability of proposed recreation, parks, and open space areas shall include, but not be limited to, the following as determined by the Subdivision Administrator in consultation with the Murphy Recreation Commission, and, if needed, the town consulting engineer.
         (a)   Unity. The dedicated land shall be a single parcel except where it is determined that two or more parcels would be in the public interest. The Subdivision Administrator may require that parcels be connected, and may require the dedication of a connecting path of up to 60 feet, and in no case less than 30 feet in width in addition to the land required in division (B)(1) above.
         (b)   Location. The dedicated land shall be located so as to serve the recreation needs of the immediate neighborhood within the subdivision.
         (c)   Accessibility. Public access to the dedicated land shall be provided either by an abutting street or public easement. The easement may be required to be up to 60 feet in width and shall in no case be less than 30 feet in width.
         (d)   Usability. The dedicated land shall be usable for active recreation (play areas, ballfields, tennis courts, or similar recreation uses). Lakes may not be included in computing amount of land to be dedicated unless acceptable to the Subdivision Administrator. If the Subdivision Administrator determines that active recreation needs are being met by other dedicated parcels or existing recreation facilities, then land that is suitable for open space may be dedicated.
      (3)   The Subdivision Administrator may, in cases of unusual or exceptional nature, allow adjustments in the dedication requirements established in or required by this chapter. The adjustments shall be reviewed by the Murphy Recreation Commission, and, if needed, the town consulting engineer before action by the Subdivision Administrator.
(Ord. passed 9-19-1985; Am. Ord. passed 10-7-2019; Am. Ord. passed 6-7-2021) Penalty, see § 152.99
§ 152.72 OTHER REQUIREMENTS.
   (A)   Placement of monuments. Unless otherwise specified by this chapter, the Standards of Practice for Land Surveying as adopted by the N.C. State Board of Registration for Professional Engineers and Land Surveyors, under the provisions of Title 21 of the N.C. Administrative Code, Chapter 56 (21 NCAC 56), and G.S. §47-30, shall apply when conducting surveys for subdivisions; to determine the accuracy for surveys and placement of monuments, control corners, markers, and property corner ties; to determine the location, design, and material of monuments, markers, control corners, and property corner ties; and to determine other standards and procedures governing the practice of land surveying for subdivisions.
   (B)   Construction procedures. No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat has been approved, and all plans and specifications have been approved by the appropriate authorities. No building, zoning, or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of this chapter until all the requirements of this chapter have been met and the final plat has been approved by the Subdivision Administrator. The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the administrator of this chapter to provide for adequate inspection. The approving authorities having jurisdiction or their representatives shall inspect and approve all completed work prior to release of the sureties.
   (C)   Oversized improvements. The Town of Murphy may require installation of certain oversized utilities or the extension of utilities to adjacent property when it is in the interest of future development. If the town requires the installation of improvements in excess of the standards required in this chapter, including all standards adopted by reference, the town shall assign the cost differential between the improvement required and the standards in this chapter. The town may recoup this cost through fees.
(Ord. passed 9-19-1985; Am. Ord. passed 10-7-2019; Am. Ord. passed 6-7-2021) Penalty, see § 152.99
§ 152.99 PENALTY.
   (A)    After the effective date of this chapter, any person who, being the owner or agent of the owner of any land located within the territorial jurisdiction of this chapter thereafter subdivides his or her land in violation of this chapter or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the terms of this chapter and recorded in the Office of the Cherokee County Register of Deeds, shall be guilty of a misdemeanor. The description 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 town may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this subchapter. Building permits required pursuant to G.S. §160D-1110 may be denied for lots that have been illegally subdivided. In addition to other remedies, the town may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct. Further, violators of this chapter shall be subject, upon conviction, to fine and/or imprisonment as provided by G.S. §14-4.
   (B)   Each day's continuing violation of this chapter shall be a separate and distinct offense.
   (C)   Notwithstanding division (A) above, this chapter may be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.
   (D)   Nothing in this section shall be construed to limit the use of remedies available to the town. The town may seek to enforce this chapter by using anyone, all, or a combination of remedies.
(Ord. passed 9-19-1985; Am. Ord. passed 9-4-2007; Am. Ord. passed 6-7-2021)