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§ 150.52 EFFECT OF PLAT APPROVAL ON DEDICATIONS.
   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)
§ 150.53 PENALTIES FOR VIOLATION.
   (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)
§ 150.54 SEPARABILITY.
   Should any section or provision of this chapter be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 01-2000, passed 6-27-00)
§ 150.55 VARIANCES.
   Where, because of topographical or other conditions peculiar to the site, strict adherence to the provisions of the regulations in this chapter would cause unnecessary hardship, the Planning Board may recommend and the Town Commissioners authorize a variance, if such variance can be made without destroying the intent of this chapter. Any variance thus authorized is required to be entered in writing in the minutes of the Planning Board and of the Town Commissioners, and the reasoning on which the departure was justified set forth.
(Ord. 01-2000, passed 6-27-00)
§ 150.56 AMENDMENTS.
   (A)   The Town Commissioners may from time to time amend the terms of this chapter, but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation. The Planning Board shall have 45 days from the time the proposed amendment is submitted within which to submit its report. If the Planning Board fails to submit a report within the specified time, it shall be deemed to have recommended approval of the amendment.
   (B)   No amendment shall be adopted by the governing body until they have held a public hearing on the amendment. Notice of the hearing shall be published in a newspaper of general circulation in the town's area at least once a week for two successive calendar weeks prior to the hearing. The initial notice shall appear not more than 25 nor less than 10 days prior to the hearing date. In computing the 10- to 25-day period, the date of first publication shall not be counted, but the date of the hearing shall be counted.
(Ord. 01-2000, passed 6-27-00)
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