Marvin Mandel, Governor                        1907

[municipal] plan and a part thereof. Approval of a plat shall not
be deemed to constitute or effect an acceptance by the public of
any street or other open space shown upon the plat. The planning
commission may, from time to time, recommend to [council] the
local legislative body amendments of the zoning ordinance or map
or additions thereto to conform to the commission's recommenda-
tions for the zoning regulation of the territory comprised within
approved subdivisions. The commission shall have the power to
agree with applicant upon use, height, area or bulk requirements
or restrictions [governing buildings and premises within the sub-
division, provided such requirements or restrictions do not authorize
the violation of the then effective zoning ordinance of the munici-
pality.] which are designed to promote the purposes of the zoning
ordinance of the jurisdiction. Such requirements or restrictions shall
be stated upon the plat prior to the approval and recording thereof
and shall have the same force of law and be enforceable in the same
manner and with the same sanctions and penalties and subject to
the same power of amendment or repeal as though set out as a part
of the zoning ordinance or map of the [municipality] jurisdiction.

[28]

5.06 5.05 Penalties for Transferring Lots in Unapproved
Subdivisions

Whoever, being the owner or agent of the owner of any land
located within a subdivision transfers or sells or agrees to sell or
negotiate to sell any land by reference to or exhibition of or by
other use of a plat of a subdivision, before such plat has been
approved by the planning [and zoning] commission and recorded or
filed in the office of the appropriate county clerk, shall forfeit and
pay a penalty of one hundred dollars ($100) for each lot or parcel
so transferred or sold or agreed or negotiated to be sold; and the
description of such lot or parcel by metes and bounds in the instru-
ment of transfer or other document used in the process of selling
or transferring shall not exempt the transaction from such penal-
ties or from the remedies herein provided. The county or municipal
corporation may enjoin such transfer or sale or agreement by action
for injunction brought in any court of equity jurisdiction or may
recover the said penalty by civil action in any court of competent
jurisdiction.

[29]

5.07 5.06 County Clerk's Duties CLERK OF THE CIRCUIT
COURT'S DUTIES

A county clerk CLERK OF THE CIRCUIT COURT who files or
records plat of a subdivision without the approval of the planning
commission as required by law shall be deemed guilty of a misde-
meanor and shall be fined not less than one hundred dollars ($100)
nor more than five hundred dollars ($500). SHALL NOT RECORD
A PLAT OF A SUBDIVISION AS A DEED OF A SUBDIVISION
WITHOUT THE APPROVAL OF THE PLANNING COMMIS-
SION AS REQUIRED BY LAW AND ANY SUCH PLAT OR
DEED OF A SUBDIVISION RECORDED WITHOUT PLANNING
COMMISSION APPROVAL SHALL BE VOID.