Land Development Ordinance - Amended 4-2-2024

(3) Spills . Spills or leaks having the potential to discharge into a stormwater conveyance system shall be abated in accordance with the following standards:

A. Spills or Leaks Discharge . Spills or leaks of polluting substance released, discharged to, or having the potential to be released or discharge to the stormwater conveyance system, shall be contained, controlled, collected, and properly disposed. All affected areas shall be restored to their pre-existing condition. B. Responsible Person(s) . Persons in control of the polluting substance immediately prior to their release or discharge, and persons owning the property on which the substance were released or discharge, shall immediately notify the Stormwater Administrator, Public Utilities Director, and/or Fire Chief, as appropriate, of the release or discharge, as well as making any required notifications under State and Federal law. (4) Nuisance . Illicit discharges and illicit connections which exist within the Town limits or within one (1) mile thereof are hereby found, deemed and declared to be dangerous or prejudiced to the public health or public safety and are found, deemed and declared to be public nuisances. Such public nuisances shall be abated in accordance with the procedures set forth in the Town Code of Ordinances, Part 8 Offenses, Chapter 4 Health, Sanitation & Public Nuisances, §8-4002 Nuisances Prohibited, Enumeration.

h. Effective Date

The Phase II Stormwater Requirements took effect on February 3, 2014 and come forward by reenactment of all the provisions and continue to be in effect for past and present developments and projects under the Phase II Stormwater Requirements, and shall be effective upon adoption of the Land Development Ordinance. The Phase II Stormwater Requirements in whole comes forward with all the provisions of the Phase II Stormwater Requirements enacted February 3, 2014, and it is not the intention to repeal but rather to reenact and continue to enforce without interruption of such existing provisions, such that all rights and liabilities that have occurred thereafter are reserved and may be enforced. The enactment of the Land Development Ordinance, which the Phase II Stormwater Requirements are a part, shall not affect any action, suit or processing instituted or pending.

§9-1406 CLEAR-CUTTING & PROTECTION OF HERITAGE TREES REGULATIONS

a. Authority

The State of North Carolina Legislature adopted Secession Law, 2001-191, HB 910, which was ratified on June 12, 2001 authorizing the Town of Fuquay-Varina to limit the clear-cutting of

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