D. Amendments to Design Manual .
i. Updated & Expanded Design Manual . The Design Manual may be updated and expanded from time to time, based on advancements in technology and engineering, changes to State Minimum Design Criteria, improved knowledge of local conditions, or local monitoring or maintenance experience. ii. Public Notice to Amend Design Manual . Prior to amending or updating the Design Manual, proposed changes shall be generally publicized and made available for review, and an opportunity for comment by interested persons shall be provided. Currently, DEQ provides public notices and asks for comments regarding updates to the Design Manual. This information is available on their website or by subscription to their email list serve.
(8) Relationship to Other Laws, Regulations, & Private Agreements .
A. Conflict with Laws . The Phase II Requirements are not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this section are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare, shall control. B. Private Agreements . This section is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this section are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of the Land Development Ordinance, which this Article is a part, shall govern. Nothing in this section shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to comply with the Land Development Ordinance. In no case shall the Town of Fuquay-Varina be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.
(9)
Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of this Article shall be adjudged invalidated by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this Article.
Made with FlippingBook interactive PDF creator