(a) Any person who violates these subdivision regulations shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than ten dollars ($10.00) or more than one hundred dollars ($100.00), plus court costs. Each day's continuance of such violation shall be considered a separate offense; provided, that the aforesaid fine shall not begin to accrue so long as the guilty parts continues to make a good faith effort to correct the violation(s).
(b) Any person who engages in grading, clearing or other land disturbance without having first obtained preliminary plat approval from the Commission and a building permit, shall be required to restore the land, to the extent possible, to its original condition, and shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined up to one hundred dollars ($100.00). Each day's continuance of such violation shall be considered a separate offense.
(c) Appropriate actions and proceedings may be taken by law or equity to prevent any violation of these regulations, to prevent unlawful grading, clearing, filling or construction, to recover damages, or to restrain, correct or abate a violation. These remedies shall be in addition to the above penalties.
(d) The preliminary plat approval may be revoked by a legal vote of the Commission upon a finding that any of the provisions of these regulations have been, or are being, violated. The Commission may reinstate their approval of the preliminary plat when it is satisfied that said provisions will be, or have been, complied with. If a preliminary plat is permanently revoked, a request to resume the process shall be treated as a new application.
(e) The town engineer, by written order setting forth the reasons therefore, may stop all work on a subdivision upon finding that a major violation of these regulations has occurred, or is occurring, which creates an immediate or imminent threat to the public health or safety. After work is stopped no work on the subdivision, except to correct said violation specified in said order, may proceed until written authorization is given by the town engineer or the Commission. The subdivider may appeal the work stoppage to the Commission. After hearing both sides at a special appeal hearing, the Commission may reverse or modify the order if it finds that said order was unreasonable or arbitrary. The burden of proof shall rest on the subdivider.
(Ord. 2005-06-02. Passed 3-20-06.)