BC 1991 07 22 - Laserfiche WebLink

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255 Co length, eighteen (18) in width, with a gravel base of at least six (6) inches, to help eliminate excessive mud and other such materials from being carried onto the paved road. No building or other permits shall be issued for the erection of a structure on any lot not of record at the time of adoption of this Ordinance or created in compliance with this ordinance until all requirements of applicable State and local laws have been met. SECTION 4.14 GUARANTEE OF IMPROVEMENTS The Planning and Zoning Commission in its discretion may waive the requirement that the subdivider complete and dedicate all public improvements prior to the signing of the final plat, and as an alternative, the subdivider shall guarantee the installation of said improvements by one of the following requirements: A. Performance Bond - shall be from a company authorized to do business in North Carolina. B. Letter of Credit an irrevocable letter of credit shall be from a recognized financial institutional in North Carolina. C. Escrow - cash or other instrument readily convertible into cash at face value in escrow with a recognized financial institution in North Carolina. Ail of the aforementioned methods of guarantees shall be of sufficient amount to cover the entire cost plus 25% of completing all required improvements as certified by an engineer designated by the Cabarrus County Planning and Zoning Department; and shall be made payable and/or released in full, free and clear to Cabarrus County upon failure of the subdivider to complete the required improvements within the allowed time. The period of time within which required improvements must be completed shall be twelve (12) months. If one of these methods is used, then it must be noted on the final plat. Ail cost estimates for remaining improvements shall be submitted to the Planning and Zoning Department at least 21 days prior to the Planning and Zoning Commission's meeting for review by a County designated engineer. The cost of this review shall be borne by the developer/owner. ARTICLE V LEGAL PROVISIONS SECTION 5.1 SEPARABILITY If any portion, clause or sentence of this ordinance shall be determined to be invalid or unconstitutional, such declaration of invalidity shall not affect the remaining portions of this ordinance. SECTION 5.2 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 document(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. SECTION 5.3 OTHER LAWS, ORDINANCES OR REGULATIONS Whenever the provisions of any local, state or federal law, ordinance or regulation impose higher standards than are required by the provisions of this ordinance, the provisions of such law, ordinance or regulations shall govern. SECTION 5.4 EXCEPTIONS 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 and Zoning Commission may vary the requirements set forth herein. In granting exceptions, the Planning and Zoning Commission may require such conditions as will secure, insofar as practicable, the objectives of the requirement varied. Any exception(s) authorized shall be entered in the minutes of the Planning and