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methods is used, then it must be i:oted on the final plat. All cost estimates for <br />remaining improvemenls shall be submitted to %he Planning and Zonin~ <br />Department al least 21 days prior lo the Planning and Zoning Commission's <br />meeting for review by a County designated en~ueer. The cost of this review <br />shall be borne by the developer/owner. <br /> <br />ARTICLE V LEGAL PROVISIONS <br />SECTION 5.] SEPARABILITY <br /> <br />If any por~on, clause or sentence of this ordinance shall be delermined Io be <br />invalid or uncons~ilu%ional, Such declaration of invalidily shall not a/feet <br />remaining porlions of %his ordinance. <br /> <br />SECTION 5.2 SALE OF LAND IN UNAPPROVED SUBDIVISION <br /> <br />The sale of ]and in subdivisions which have not been approved by 1he Planning <br />and Zoning Commission is prohfbiied. Any person(s) who, being the owner(s) <br />or agent(s) of the owner of any ]~nd ]ocaled when lhe ]urfsdicllon granted <br />Commissioners by General S1alule 153-265.1, hereafter subdivides his/her land <br />in violation of 1his ordinance and any other use of a plat properly approved <br />under said ordinance and recorded in the Of/fee of Re,slot of Deeds, shall be <br />~i]1y of a misdemeanor. The descr]p%ion by moles and bounds in the <br />ins%rumenls of transfer or o%her document(s) used in %he process of selling <br />1rahs/erring land shall not exempt the lransac~ion from the penalty. The <br />County, through its Courtly A~1orney or other o/fie/al desk,ruled by lhe Board <br />of County Commissioners, may enjoin such illegal transfer or sale by aclion for <br />h]junelion. Furlher, violators of ~his ordinance shall be subject, upon <br />conviclion, to fine and/or ]mprisonmen~ as provided by General Statu~e 14-4 as <br />ameuded. <br /> <br /> LAWS. ORDINANCES OR REGULATIONS <br />SECTION <br /> 5.3 <br /> OTHER <br /> <br />Whenever %he provfs]ons of any local, stale or federal law, ordinance or <br />re,Is%ion impose higher s%andards %hah are required by ~he provisions of %his <br />ordinance, the provisions of such law, ordinance or re~]al]ou~ shall governs. <br /> <br />SECTION 5.4 EXCEPTIONS <br /> <br />Il'here because of lhe size of 1he tract Io be subdivided, its topography, ~he <br />eondilfon o~ nalure of adjoining areas or 1he exislenee of olher unusual physi~l <br />conditions, strict compliance wflh ~he provisions of %his ordinance would cause <br />an unusual and unnecessary hardship on 1he subdivider, 1he P]annlng and <br />Zoning Commission may vary 1he requiremenls set forth herein. In granling <br />exceplions, 1he Planning and Zoning Commission may require such conditions as <br />will secure, insofar as practicable, the objectives of the requirement varied. <br />Any exceplfon(s) auIhor]zed sha]] be entered b~ lhe minules of the Planning and <br />Zoning Commission meeting logelher with lhe eircumslances that justified ~he <br />exception(s) g~nled, and the condilions upon %vhich %he exceplion(s) was <br />granted. <br /> <br /> <br />