The enforcement of these regulations and penalties
for the unapproved recordation or transfer of land is provided by
state law in the authority granted by public general laws of the State
of Maryland.
No plat or plan of a subdivision of land into two or more lots, plats, sites or other division of land for the purpose, whether immediate or future, of sale or building development located within the area designed in Article I hereof shall be admitted to the land records of the County until said plat or plan has received final approval of the Planning Commission, which approval shall be written upon said plat or plan.
[Amended 2-15-1978 by Bill No. 1978-6; 6-14-1993 by Bill No.
1993-17; 2-14-1994 by Bill No. 1994-5]
No public sewer or other municipal street utility
or improvement shall be constructed in any street or highway until
such street or highway is fully placed on the applicable portion of
the Master Plan, and no permit for the erection of any building shall
be issued unless a public street or highway giving access to such
proposed structure has been duly placed on said applicable portion
of the Master Plan.
Critical area program. No plat or plan of a subdivision
of land into two or more lots or other division of land within the
critical area as established by the Wicomico County Chesapeake Bay
Critical Area Program shall be approved in final form or recorded
in the land records of Wicomico County until such time as a final
Chesapeake Bay Critical Area compliance certificate has been issued.
Any person who files or records a plat of a subdivision located in the area set forth in Article I hereof without the approval of the Planning Commission, as required by law and this chapter, shall be deemed guilty of a misdemeanor and shall be fined not less than $500 nor more than $1,000.
[Amended 2-15-1978 by Bill No. 1978-6; 6-14-1993 by Bill No.
1993-17; 2-14-1994 by Bill No. 1994-5]
Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells or agrees to sell or negotiates to sell any land by reference to or exhibition of or by other use of a plat of a subdivision located in the area set forth in Article I hereof before such plat has been approved by the Planning Commission and recorded or filed in the office of the Clerk of the Circuit Court shall forfeit and pay a penalty of $100 for each lot or parcel so transferred or sold or agreed and negotiated to be sold, and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided. The County may, through its attorney, enjoin such transfer or sale or agreement by action for injunction brought in any court of equity or may recover said penalty by civil action in any court of competent jurisdiction. No plat or plan of a subdivision of land shall be deemed effective under the terms and conditions of this chapter until such plat or plan has been finally approved by the Wicomico County Planning and Zoning Commission as required by law and duly recorded among the land records of Wicomico County, Maryland.
[Amended 2-15-1978 by Bill No. 1978-6; 6-14-1993 by Bill No. 1993-17; 2-14-1994 by Bill No.
1994-5; 10-17-2006 by Bill No. 2006-11]
Any person or persons violating any provision of this
chapter shall, upon conviction thereof, be deemed guilty of a misdemeanor
and shall be punished by a fine not exceeding $100 or imprisonment
for not more than 30 days for each offense, and each day of violation
shall constitute a separate offense.
In case any building or structure is erected, constructed,
reconstructed, altered, repaired, converted or maintained, or any
building, structure or land is used in violation of this chapter or
any other law or regulation, the County Executive may, in addition
to other remedies herein provided, institute any appropriate action
or proceeding in the Circuit Court, either by injunction or otherwise,
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use; to restrain, correct or abate
such violation; to prevent the occupancy of such building, structure
or land; and to prevent any illegal act, conduct, business or use
in or about such premises.
[Amended 2-15-1978 by Bill No. 1978-6; 6-14-1993 by Bill No. 1993-17; 10-17-2006 by Bill No.
2006-11]