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(A) 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.
(B) 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.
(C) The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the Subdivision Administrator to provide for adequate inspection.
(D) The approving authorities having jurisdiction or their representatives shall inspect and approve all completed work prior to release of the sureties.
(Ord. 01-2000, passed 6-27-00) Penalty, see § 150.53
The town 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 pay the cost differential between the improvement required and the standards in this chapter.
(Ord. 01-2000, passed 6-27-00)
ARTICLE E: LEGAL PROVISIONS
(A) After the effective date of this chapter, no subdivision plat of land within the town's jurisdiction shall be filed or recorded until it has been submitted to and approved by the appropriate board or official as set forth in § 150.17 of this chapter, and until this approval is entered in writing on the face of the plat by the Town Commissioners for major subdivisions, or the Town Manager for minor subdivisions.
(B) The Register of Deeds shall not file or record a plat of a subdivision of land located within the territorial jurisdiction of the town that has not been approved in accordance with these provisions, nor shall the Clerk of Superior Court order or direct the recording of a plat if the recording would be in conflict with this section.
(Ord. 01-2000, passed 6-27-00) Penalty, see § 150.53
Pursuant to state law, the approval of a plat shall not be deemed to constitute or affect the acceptance by the municipality or public of the dedication of any street or other ground, public utility line, or other public facility shown on the plat. However, the Town Council may by resolution accept any dedication made to the public of lands or facilities for streets, parks, public utility lines, or other public purposes, when the lands or facilities are located within its subdivision regulation jurisdiction. Acceptance of dedication of lands or facilities located within the subdivision regulation jurisdiction but outside the corporate limits of the municipality shall not place on the town any duty to open, operate, repair, or maintain any street, utility line, or other land or facility, and the municipality shall in no event be held to answer in any civil action or proceeding for failure to open, repair or maintain any street located outside its corporate limits.
(Ord. 01-2000, passed 6-27-00)
(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 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 Alexander 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 through its attorney or other official designated by the Town Commissioners may enjoin illegal subdivision, transfer or sale of land by action for injunction. Further, violators of this chapter shall be subject, upon conviction, to fine and/or imprisonment as provided by G.S. § 14-4.
(B) The violation of any provision of this chapter shall subject the offender to a civil penalty in the amount of $50 to be recovered by the town. Violators shall be issued a written citation which must be paid within ten days.
(C) Each day's continuing violation of this chapter shall be a separate and distinct offense.
(D) Notwithstanding division (B) above, this chapter may be enforced by appropriate equitable remedies issued from a court of competent jurisdiction.
(E) 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 any one, all, or a combination of remedies.
(Ord. 01-2000, passed 6-27-00)
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