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ARTICI.F. V LEGAL PROVISIONS <br /> <br />SECTION 5.1 SEPARABILITY <br /> <br />If any portion, clause or sentence of this ordinance shall be determined to be invalid or <br />unconstitutional, such declaration of invalidity shall not affect the remaining portions of <br />this ordinance. <br /> <br />SECTION 5.2 SALE OF LAND IN UNAPPROVED SUBDIVISION <br /> <br />The sale of land in subdivisions which have not bcc~n approved by the Planning and <br />Zoning Commission is prohibitecl. Any person(s) who, being the owner(s) or agent(s) of <br />the owner of any land locat~l within the jurisdiction granted to Commissioners by General <br />Statute 153-266.1, hereafter subdivides his/her land in violation of this ordinance and any <br />other use of a plat properly approved under said ordinance and recorded in the Office of <br />Register of Deeds, shall be guilty of a misdemeanor. The description by metes and bounds <br />in the instruments of transfer or other document(s) used in the process of selling or <br />transferring land shall not exempt the transaction from the penalty. The County, through <br />its County Attorney or other official designated by the Board of County Commissioners, <br />may enjoin such illegal transfer or sale by action for injunction. Further, violators of this <br />ordinance shall be subject, upon conviction, to fine and/or imprisonment as provided by <br />General Statute 14-4 as amended. <br /> <br />SECTION 5.3 OTI-IER LAWS, ORDINANCES OR REGULATIONS <br /> <br />Whenever the provisions of any local, state or federal law, ordinance or regulation impose <br />higher standards than are required by the provisions of this ordinance, the provisions of <br />such law, ordinance or regulations shall govern. <br /> <br />SECTION 5.4 EXCEPTIONS <br /> <br />Where because of the size of the tract to be subdivided, its topography, the condition or <br />nature of adjoining areas or the existence of other unusual physical conditions, strict <br />compliance with the provisions of this ordinance would cause an unusual and unnecessary <br />hardship on the subdivider, the Planning and Zoning Commission may vary the <br />requirements set forth herein. In granting exceptions, the Planning and Zoning <br />Commission may require such conditions as will secure, insofar as practicable, the <br />objectives of the requirement varied. Any exception(s) authorized shall be entered in the <br />minutes of the Planning and Zoning Commission meeting together with the circumstances <br />that justified the exception(s) granted, and the conditions upon which the exception(s) was <br />granted. <br /> <br />34 <br /> <br /> <br />