Land Development Ordinance - Amended 9-2-2025

other refuge within a buffer area; the absence or improper implementation of a spill containment plan for toxic and hazardous waste materials; the improper management of stormwater runoff; or any other situation found to pose a threat to water quality. The following procedures shall be followed to address the plan use activities within a watershed protection area:

(1) Monitoring Land Use Activities . The Planning Director shall monitor land use activities within the watershed areas to identify situations that may pose a threat to water quality.

(2) Reporting Findings . The Planning Director shall report all findings to the Board of Adjustment. The Planning Director may consult with any public agency or official and request recommendations.

(3) Board of Adjustment Review to Abate Conditions . Where the Board of Adjustment finds a threat to water quality and the public health, safety and welfare, the Board shall institute any appropriate action or proceeding to restrain, correct or update the condition and/or violation.

m. Administration, Enforcement & Appeals

(1) Watershed Administration & Duties . It shall be the duty of the Planning Director to administer and enforce the provisions of the Watershed Protection Regulations as follows:

A. Issue Watershed Permits . The Planning Director shall issue watershed permits as prescribed herein. A record of all permits shall be kept on file and shall be available for public inspection during regular office hours. B. Enforce Provisions . The Planning Director is granted the authority to administer and enforce the provisions of the Watershed Protection Regulations, exercising in the fulfillment of their responsibility with full police power of the Town of Fuquay-Varina. The Planning Director, may enter any building, structure, or premises, as provided by law, to perform any duty imposed upon them by the Watershed Protection Regulations.

C. Maintain Records . The Planning Director shall keep records of all amendments to the local Watershed Protection Regulations and shall provide copies of all amendments upon adoption to Water Quality Planning, Division of Water Resources.

D. Record of Variances . The Planning Director shall keep or cause to be kept a record of variances to the local Watershed Protection Regulations. This record shall be submitted to Water Quality Planning, Division of Water Resources on an annual basis, such that records of variances are submitted on or before January 1 st of each year and shall

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