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December 19, 2005 - Regular Meeting Page 449 24, and 25 amending the Cabarrus County Zoning Ordinance with an effective date of January 1, 2006. Ordinance No. 2005-22 AN ORDINANCE AMENDING THE CABARRUS COUNTY SUBDIVISION ORDINANCE BE IT ORDAINED that the following sections of the Cabarrus County Subdivision Ordinance are hereby amended as follows: Subdivision Amendments Chapter 1, Section 5. Sale of land in unapproved subdivision The sale of land in subdivisions, which have not been approved by the Planning and Zoning Commission, is prohibited. Any person(s) who, being the owner(s) or agent (s) of the owner of any land located within the jurisdiction granted to Commissioners by General Statute 153-266.1, hereafter subdivides his/her land in violation of this ordinance and any other use of a plat properly approved under said ordinance and recorded in the Office of Register of Deeds, shall be guilty of a misdemeanor. The description by metes and bounds in the instruments of transfer or other documents(s) used in the process of selling or transferring land shall not exempt the transaction from the penalty. The County, through its County Attorney or other official designated by the Board of County Commissioners, may enjoin such illegal transfer or sale by action for injunction. Further, violators of this ordinance shall be subject, upon conviction, to fine and/or imprisonment as provided by General Statute 14-4 as amended. In addition to the remedies above, the County may deny permits for lots that have been illegally subdivided. institute any appropriate action or proceedings to subdivision of land, to restrain, correct, or abate prevent any illegal act or conduct. issuance of building The County may also prevent the unlawful the violation, or to Per General Statute 153A-334, contracts and/or leases reference to an approved preliminary plat. All conformance with North Carolina General Statutes. may be entered into by contracts shall be in Chapter 2, Section 1. "SUBDIVISION" DEFINED A "subdivision", as specified in General Statute 153A-335, shall include all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when anyone or more of those divisions is created for the purpose of sale, or building development (whether immediate or future), and shall include all division of land involving the dedication of a new street or change in existing streets; however, the following shall not be included within this definition nor be subject to the regulations authorized by this ordinance: A. The combination or recombination of portions of previously platted and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards prescribed for new lots by this Ordinance, and the Cabarrus County Zoning Ordinance; B. The division of land in parcels greater than ten (10) acres where no street right-of-way dedication is involved; C. The public acquisition by purchase of strips of land for the widening or opening of streets; D. The division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of -way dedication is involved and where the resultant lots are equal to or exceed the standards prescribed for new lots by this Ordinance. Chapter 4, Section 15. Letter of credit/performance bond requirements When approval for a final plat is requested prior to completion of all improvements in that portion of a development, the following conditions shall apply 1. Detailed estimates of all required improvements shall be submitted on forms provided by the Cabarrus County Commerce Department. The estimates shall be signed by licensed contractor(s) or engineer(s) when applicable.