A. Preliminary Subdivision Review & Approval . No construction or installation of improvements in a watershed protection area shall commence in a proposed subdivision until a preliminary subdivision plat has been approved by the Board of Adjustment, and subsequently by the Planning Board and Town Board of Commissioners. B. No Building Permit or Construction except in Conformance of these Regulations . No building or other permits shall be issued for erection of a structure on any lot not of record at the time of adoption of the Watershed Protection Regulations in the Land Development Ordinance. (5) Penalties for Transferring Lots in Unimproved Subdivisions . Any person who, being the owner or agent of the owner of any land located within the jurisdiction (Town limits or Extraterritorial Jurisdiction (ETJ)) of the Town of Fuquay-Varina, thereafter subdivides his/her land in violation of the Watershed Protection Regulations or transfers or sales land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under the provisions of the Watershed Protection Regulations and recorded in the office of the Wake County Register of Deeds, shall be guilty of a misdemeanor. The description of meets and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The Town of Fuquay-Varina may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the Watershed Protection Regulations of the Town of Fuquay-Varina.
k. Development Regulations
The purpose of this subsection of the Watershed Protection Regulations is to list and describe the watershed areas herein adopted that may apply to the jurisdiction of the Town of Fuquay-Varina. For the purposes of these regulations the Town of Fuquay-Varina and its extraterritorial jurisdiction (ETJ) are hereby divided into the following area(s) as appropriate: (1) Watershed Areas Described – WS-IV (PA) Watershed Protected Area . Only new development activities that require an erosion and sedimentation control plan under State law or local government regulations are required to meet the provisions of the Watershed Protection Regulations when located in a WS-IV watershed. In order to address a moderate to high land-use intensity pattern, single-family residential uses shall be developed at a maximum of two (2) dwelling units per acre. All other residential and non-residential development shall be allowed at a maximum of 24% built-upon area. A maximum of three (3) dwelling units per acre or 36% built-upon area is allowed for development without a
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