Enforcement
The enforcement of these regulations shall be in accordance with N.H. RSA 674:35-674:42, 675:8, 676:4, 16, 17 & 18-I.
Penalties
Penalties for Transferring Lots in Unapproved Subdivision: Any owner or agent of any land located within a subdivision in Holderness that has adopted subdivision regulations, who transfers or sells any land, before a plat of the said subdivision has been approved by the Planning Board and recorded or filed in the office of Grafton County Register of Deeds shall forfeit and pay to the Town of Holderness a penalty of Five Hundred Dollars for each lot or parcel so transferred to sold, and 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 transaction from such penalties (RSA. 676:16)
Said municipality may enjoin such transfer or sale and may recover the said penalty by civil action. In any such action the prevailing party may recover reasonable costs and attorney fees as may be ordered by the court.
Waiver
A subdivision plan, substantially in conformity with these regulations and not in conflict with the Holderness Zoning Ordinance, may be approved by the Board, provided that the spirit of these regulations and public convenience and welfare will not be adversely affected. On-site water and sewage disposal must meet requirements noted in Section 6.18. See other exceptions, Section 6.13.
Conflict With Other Regulations
Where both State and local regulations are applicable, the more stringent regulations shall take effect. If the State regulation addresses an issue not included in the local regulation, the State regulation will apply. If the local regulation addresses an issue not included in the State regulation, the local regulation will apply.
Validity
If any section, subsection, paragraph, sentence, clause, provision, word or phrase of these regulations shall be held to be invalid or unconstitutional by any court or competent authority, such holding shall not affect, impair, invalidate any other section, subsection, paragraph, sentence, clause, provision, word or phrase of this ordinance.
Adoption
These regulations shall pertain to all land within the boundaries of the Town of Holderness, and shall become effective after a public hearing in accordance with N.H. RSA Chapter 675:7 has been held, and after having been passed by vote of a majority of the Holderness Planning board present and voting.
Amendments
These Regulations may be amended in whole or in part or rescinded by the Board, only following a public hearing on the proposed change. The Chairman or Secretary of the Board shall transmit a record of any changes so authorized to he Grafton County Register of Deeds, N.H. RSA 675:6.
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