A.

No street, sanitary sewer, storm sewer, water main or other improvement shall be constructed, opened or dedicated for public use or for the common use of occupants of buildings abutting thereon, and no part of any land which has been subdivided or condominium units created through the conversion of rental units, regardless of the time of filing a declaration under 25 Del. C.Ch. 22 (Unit Property Act), after the adoption of the regulations contained in this Chapter under 9 Del. C.Ch. 30 (Subdivision and Land Development), shall be sold, transferred or conveyed, except pursuant to an approval received for the land subdivision in accordance with such regulations.

B.

No person shall:

1.

Record a deed in the Office of the Recorder of Deeds unless the deed recites the tax parcel number for the parcel that is the subject of the conveyance, and the reference number or other recording data from the Recorder of Deeds for the recorded subdivision or land development plan that established the title lines for the parcel that is the subject of the deed, if the parcel was established by a subdivision or land development plan.

2.

Record a deed in the Office of the Recorder of Deeds for a conveyance that is exempt from the subdivision regulations pursuant to the agricultural exemption set forth in this Chapter and 9 Del. C. § 3001(10)(a) (Definition of Subdivision) unless accompanied by an affidavit reciting the exemption and the transferee's intent that he or she intends to devote the transferred property to agricultural use. The affidavit shall be an exhibit to the deed and be recorded with the deed. The affidavit shall be in the following form:

I/We, (NAME), swear or affirm, as the purchaser(s) of the land that is the subject of this deed, that I/We presently intend to devote the land to agricultural purposes and do not presently intend to construct any new streets or easements of access on the land.

Purchaser's Signature

SWORN TO AND SUBSCRIBED before me, a Notary Public, this _____ day of ________, ___.

Notary Public

My Commission Expires: _____

C.

Any person who violates Subsection A or B shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than one thousand dollars ($1,000.00). Each lot or parcel so transferred or sold and each improvement so constructed, opened or dedicated shall be deemed a separate violation, and each and every day during which such violation continues shall be deemed a separate violation. The Justice of the Peace Court shall have exclusive original jurisdiction over offenses listed in this Section.

D.

The County or any owner of real estate affected by such violation may, in addition to other remedies provided by law or equity institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or otherwise correct such violation.

E.

Any deed, lease or other document which leases, conveys or transfers a parcel(s) of land of ten (10) or more acres and which was duly executed by the proper parties and recorded prior to September 24, 1991 shall operate as and be a legal, valid and effective division of land under this Code.

(Ord. No. 97-172, § 3(ch. 13, § 30.520), 12-31-1997; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)