Any person, partnership, or corporation who or which, being
the owner or agent of the owner of any lot, tract or parcel of land,
shall lay out, construct, open or dedicate any street, sanitary sewer,
storm sewer, water main or other improvements for public use, travel
or other purposes or for the common use of occupants of buildings
abutting thereon, or who sells, transfers or agrees or enters into
an agreement to sell any land in a subdivision or land development,
whether by reference to or by other use of a plat of such subdivision
or land development, or erect any building thereon, unless and until
a final plat has been prepared in full compliance with the provisions
of this chapter and of the regulations adopted hereunder and has been
recorded as provided herein, shall be guilty of a misdemeanor, and,
upon conviction thereof, such person, or the members of such partnership,
or the officers of such corporation, or the agent of any of them,
responsible for such violation shall pay a fine not exceeding $1,000
per lot or parcel or per dwelling within each lot or parcel. All fines
collected for such violations shall be paid over to the municipality
whose ordinance has been violated. The description by metes and bounds
in the instrument of transfer or other document used in the process
of selling or transferring shall not exempt the seller or transferrer
from such penalties or from the remedies herein provided.
Should any section, clause, provision or portion of this chapter
be declared by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect or impair the validity
of any other section, clause, provision or portion of this chapter.
It is hereby declared to be the intent of the governing body that
this chapter would have been adopted had such invalid or unconstitutional
provisions not been included herein, and the remaining portions of
this chapter shall remain in effect as though the portion declared
invalid or unconstitutional had never been a part hereof.
All resolutions, ordinances, or parts of resolutions or ordinances
inconsistent herewith are hereby repealed.
The effective date of this chapter, as amended, shall be November
13, 2007.
