Land Development Ordinance - Amended 6-3-2024

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.

b. Definitions

When used in this Article, the words and terms shall have the meaning set forth in Article S Interpretations & Definitions of the Land Development Ordinance.

c. Administration & Procedures

(1) Review & Decision-making Entities . The Stormwater Administrator shall review, oversee and make determinations as follows:

A. Designation . The Stormwater Administrator shall be the Town Manager or their designee.

B. Powers & Duties . In addition to the powers and duties that may be confirmed by other provisions of the Code of Ordinances of the Town of Fuquay-Varina and other laws, the Stormwater Administrator shall have the following powers and duties under this section:

i. Applications . To review and approve, approve with conditions, or disapproved applications for approval of plans pursuant to this section.

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