BC 1987 01 05 - Laserfiche WebLink

Home Browse Search

21 SECTION 5.4 VARIANCES Where because of the size of the tract to be subdivided, its topography, the condition or nature of adjoining areas or the existence of other unusual physical conditions, strict compliance with the provisions of this ordinance would cause an unusual and unnecessary hardship on the subdivider, the Planning Board may vary the requirements set forth herein. In granting variances, the Planning Board may require such conditions as will secure, insofar as practicable, the objectives of the requirement varied. Any variance(s) authorized shall be entered in the minutes of the Planning Board together with the circumstances that justified the variance(s) granted, and the conditions upon which the variance(s) was granted. SECTION 5.5 RE-ENACTMENT AND REPEAL OF EXISTING SUBDIVISION ORDINANCE This provision in part carries forward by re-enactment some of the provisions of the subdivision ordinance of the County of Cabarrus adopted on October 5~ 1978~ and effective November 1~ 1978. It is not the intention to repeal, but rather to re-enact and continue in force such existing provisions so that all rights and liabilities that have accrued thereunder are preserved and may be enforced. Ail provisions of the subdivision ordinance, which are not re-enacted herein are hereby repealed. Ail suits at low or inequity and/or all prosecutions resulting from the violation of any subdivision ordinance heretofore in effect, which one now pending in any of the courts of this state or of the United States shall not be abated or abandoned by reason of the adoption of this ordinance, but shall be prosecuted to their finality the same as if this ordinance had not been adopted, and any and all violators of the existing ordinance prosecutions for which have not yet been instituted may be hereafter filed and prosecuted, and nothing in this ordinance shall be construed as to abandon, abate, or dismiss any litigation or prosecution, now pending and/or which may heretofore have been instituted or prosecuted. SECTION 5.6 GRIEVANCES Any person that is aggrieved by the decision of Planning Board may within thirty (30) days of the Planning Board's decision, petition the Board of County Commissioners for their interpretation of the Planning Board decision. SECTION 5.7 EFFECTIVE DATE This ordinance shall take effect and be in force from and after: January 5, 1987 DATE UPON MOTION of Chairman Lentz, seconded by Commissioner Hamby and unani- mously carried, the Board approved the deletion of Article VII, Section 5 from the Cabarrus County Personnel Ordinance in accordance with the recent amend- ments to the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 ("ADEA"), which were effective January 1, 1987. Article VII, Section 5 as deleted reads as follows. Section 5. Retirement Age Ail county personnel shall automatically retire on the last day of calendar year in which the employee reaches age seventy (70). Persons may, however, be employed on a part-time basis after they reach the age of seventy (70) upon the approval of the department head and the County Manager. For the purposes of this Section, part-time employees shall be those employees who work not more than one-half of the total number of employee hours in any calendar quarter. UPON MOTION of Commissioner Melvin, seconded by Commissioner Payne and unanimously carried, the Board approved the addition of the following roads to the State road system for maintenance: Nonia Drive, Damascus Road, Stack Road, and Leila Drive. The Board received the following requests from Mr. B. H. Mabrey, Sr., Emergency Services Director.