[Ord. of 6-20-1995]
(a)
No person, firm, corporation or other legal entity may sell, lease,
develop, build upon or convey for consideration, offer or agree to
sell, lease, develop, build upon or convey for consideration any land
in a subdivision which has not been approved by the Board and recorded
in the York Registry of Deeds.
(b)
No subdivision plan shall be recorded by the registrar of deeds which
has not been approved as required. Approval, for the purpose of recording,
shall appear in writing on the plan in the form of the original signatures
of at least three members of the Planning Board empowered to vote
on the plan.
(c)
No public utility, water district, sanitary district or any utility
company of any kind shall install services to any lot in a subdivision
for which a plan has not been approved.
(d)
Violation; fines.
(1)
Any person, firm, corporation or other legal entity who sells,
leases, develops, builds upon, or conveys with or without consideration,
offers or agrees to sell, lease, develop, build upon or convey [Unless
specifically so permitted under Subsection (d)(2) following] any land
in a subdivision which has not been approved as provided in this chapter,
shall be guilty of a violation of this chapter and shall be punished
by a fine of not more than $1,000 for each day such occurrence continues.
(2)
Upon prior approval in writing by the Board, in exception to
Subsection (d)(1), above, a subdivider may contract lots pending approval,
or approved but not having the required infrastructure, providing
such agreement specifies:
a.
Identifies specific lots covered by the agreement;
b.
States that specific infrastructure is not in place;
c.
States that the infrastructure shall be in place within a specified
time frame;
d.
That no permits shall be issued until such time as the infrastructure
or other improvements specified, shall be in place.
e.
The Board shall review the actual proposed agreement instrument
prior to approval. In no case shall such agreement be for more than
a ninety-day period. The Board may not at any time extend this time
period, but may adopt a new agreement.
(e)
The City's Code Enforcement Officer, Planning Board, or the
appropriate municipal officers may institute proceedings to enjoin
the violations of this section; and if a violation is found by the
court, the City, Municipal Planning Board or the appropriate municipal
officers may be allowed attorney fees.
