§9-1403 WATERSHED PROTECTION REGULATIONS
a. Authority & Enactment
The Legislature of the State of North Carolina has, in the General Statutes, Chapter 143, Article 21, §143-214.23 and §160A-174 et. Seq. Watershed Protection Rules delegated the responsibility or directed local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. The Town Board of Commissioners of the Town of Fuquay-Varina does hereby ordain and enact into law all the following regulations as the Watershed Protection Regulations for the Town of Fuquay- Varina’s corporate limits and its extraterritorial jurisdiction (ETJ).
b. Jurisdiction
The provisions of these regulations shall apply within the areas designated as a public water supply watershed by the North Carolina Environmental Management Commission and shall be defined and established on the map entitled “Watershed Protection Map of t he Town of Fuquay- Varina, North Carolina (the watershed map), which is adopted simultaneously herewith or as may be amended. The watershed map and all explanatory matter contained thereon accompany and are hereby made a part of these regulations. These regulations shall be permanently kept on file in the Office of the Town Clerk.
c. Exceptions to Applicability
(1) Watershed Protection Regulations . Nothing contained herein shall repeal, modify, or amend any federal or state law or regulations, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of these regulations amend, modify or restrict any provisions of the Town Code of the Town of Fuquay-Varina; however, the adoption of these regulations shall amend any and all ordinances, resolutions, and regulations in effect in the Town of Fuquay-Varina at the time of the adoption of these regulations that may be construed to impair or reduce the effectiveness of these Watershed Protection Regulations or to conflict with any of its provisions. (2) Easements, Covenants or Agreements . It is not intended that these regulations interfere with any easements, covenants or agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control.
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