d. Exceptions to Applicability
(1) Clear-cutting & Protection of Heritage Trees Regulations . Nothing contained herein shall repeal, modify, or amend any federal or state law or regulations, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of these regulations amend, modify or restrict any provisions of the Town of Fuquay-Varina’s Code of Ordinances; however, the adoption of these regulations shall amend any and all ordinances, resolutions, and regulations in effect in the Town of Fuquay-Varina at the time of the adoption of these regulations that may be construed to impair or reduce the effectiveness of the Clear-Cutting and Protection of Heritage Trees Regulations or to conflict with any of its provisions. (2) Easements, Covenants or Agreements . It is not intended that these regulations interfere with any easements, covenants or agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control. (3) Existing Development . Existing development, as defined, is not subject to the requirements of these regulations. Expansion of land activities classified as existing development shall meet the requirements of these regulations.
e. Criminal Penalties
(1) Violation of Clear-cutting & Protection of Heritage Trees . A violation of the Clear- Cutting and Protection of Heritage Trees Regulations shall subject the offender to a civil penalty of $100 for every 15 linear feet of disturbed perimeter buffer areas resulting from clearing operations within the buffer without an approved plan by the Town as defined in these regulations. In addition to the civil penalty the property owner/developer shall submit a re-vegetation plan for all disturbed perimeter areas for review and approval by the Town, and until such plan is approved no additional clearing or construction shall be permitted and no Certificate of Occupancy shall be issued until the re-vegetation is completed and approved by the Town. (2) Appeals . The property owner/developer may appeal the decision of the Planning Director to impose the penalties to the Board of Adjustment. The Board of Adjustment may reduce, increase or affirm the action of the Planning Director to impose the penalties as prescribed by these regulations.
f. Effects on Rights & Liabilities under the Existing Riparian Buffers Regulations of this Ordinance
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