The Town of Fuquay-Varina hereby exercises its authority to adopt and administer the Subdivision Regulations under the authority of the North Carolina General Statutes §160D, Article 8.
§9-1451 RECORDING WITHOUT APPROVAL
a. Recording Plats before Approval is Prohibited . Any person who, being the property owner or the agent of the property owner of any land located within the jurisdiction (Town corporate limits or extraterritorial jurisdiction) of the Town of Fuquay-Varina, thereafter transfers or sales such land by reference to a plat showing a subdivision of such land before such plat has been reviewed with a recommendation by the Planning Board and approved by the Town Board of Commissioners and recorded in the Office of the Wake County Register of Deeds, shall be guilty of a misdemeanor, and the description by metes and bounds as the instrument of transfer or other document used in the process of selling or transferring such property shall not exempt the transaction from such penalties, criminal, civil or other action. The Town of Fuquay-Varina, through its Town Attorney or other official designated by the Town Board of Commissioners, may enjoin such transfer or sale by action for injunction in accordance with North Carolina General Statutes §160D-807 , “Penalties for Transferring the Lots in Unapproved Subdivisions”. b. Violations & Fines . Any person violating any provisions of the Subdivision Regulations shall be guilty of a misdemeanor and, upon conviction shall be punished in accordance with North Carolina General Statutes §14-4. The civil penalty for each offense shall not exceed $500. Each day that the violation continues shall constitute a separate offense. See Article R Violations, Penalties & Legal Provisions.
§9-1452 GENERAL PROVISIONS
a. Conformance & Sale of Land in a Subdivision
(1) No Filing of Plats Prior to Approval . The Wake County Register of Deeds shall not file or record a plat of a subdivision of land located within the corporate limits of the Town of Fuquay-Varina or its extraterritorial jurisdiction (ETJ) that has not been approved by the Town in accordance with the Subdivision Regulations herein.
(2) Clerk of Superior Court . The Clerk of the Superior Court shall not order or direct the recording of a plat if the recording would be repugnant to the provisions or intent of the Subdivision Regulations herein.
(3) Transferring or Sale of Land . No property owner or agent of the property owner of any plan or plat shall transfer or sell any land, lots or tract by reference to, exhibition of or by
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