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2O <br /> <br />A. No construction or installation of improvements shall commence in a pro- <br />posed subdivision until the preliminary plat has been approved, and all plans <br />and specifications have been approved by the appropriate authorities. <br /> <br />B. During the construction phase the proposed road when adjoining an existing <br />paved road, will have a gravel way of at least fifty (50) feet in length, <br />eighteen (18) feet in width, with a gravel base of at least six (6) inches, to <br />help eliminate excessive mud and other such materials from being carried onto <br />the paved road. <br /> <br />C. No building or other permit shall be issued for erection of a structure on <br />any lot not of record at the time of adoption of this ordinance or created in <br />compliance with this ordinance until all requirements of applicable State and <br />local laws have been met. <br /> <br />SECTION 4.14 GUARANTEE OF IMPROVEMENTS <br /> <br />The Planning Board in its discretion may waive the requirement that the sub- <br />divider complete and dedicate all public improvements prior to the signing of <br />the final plat, and as an alternative, the subdivider shall guarantee the <br />installation of said improvements by one of the following requirements: <br /> <br />A. Performance Bond - shall be from a company authorized to do business in <br />North Carolina. <br /> <br />B. Letter of Credit - a irrevocable letter of credit shall be from a recog- <br />nized financial institution in North Carolina. <br /> <br />C. Escrow - cash or other instrument readily convertible into cash at face <br />value in escrow with a recognized financial institution in North Carolina. <br /> <br />Ail of the aforementioned methods of guarantees shall be of sufficient amount <br />to cover the entire cost plus 25% of completing all required improvements as <br />certified by the County Engineer and shall be made payable and/or released in <br />full, free and clear to Cabarrus County upon failure of the subdivider to <br />complete the required improvements. The period within which required improve- <br />ments must be completed shall be specified by the Planning Board and shall be <br />incorporated in the method of guarantee, but shall not exceed (12) months. <br /> <br />ARTICLE 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 <br />invalid or unconstitutional, such declaration of invalidity shall not affect <br />the remaining portions of this Ordinance. <br /> <br />SECTION 5.2 SALE OF LAND IN UNAPPROVED SUBDIVISIONS A MISDEMEANOR <br /> <br />The sale of land in subdivisions which have not been approved by the Planning <br />Board is prohibited. Any person(s) who, being the owner(s) or agent(s) of the <br />owner of any land located within the jurisdiction granted to the Commissioners <br />by G.S. 153-266.1, hereafter subdivides his/her land in violation of this <br />ordinance or transfers or sells such land by reference to, exhibition of, or <br />any other use of a plat properly approved under said ordinance and recorded in <br />the Office of the Register of Deeds, shall be guilty of a misdemeanor. The <br />description by metes and bounds in the instrument of transfer or other docu- <br />ment(s) used in the process of selling or transferring land shall not exempt <br />the transaction from this penalty. The County, through its County Attorney or <br />other official designated by the Board of County Commissioners, may enjoin such <br />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 <br />provided by G.S. 14-4 as amended. <br /> <br />SECTION 5.3 OTHER LAWS~ ORDINANCES OR REGULATIONS <br /> <br />Whenever the provisions of any local, state or federal law, ordinance or <br />regulation impose higher standards than are required by the provisions of this <br />ordinance, the provisions of such law, ordinance or regulations shall govern. <br /> <br /> <br />