The Clear-Cutting and Protection of Heritage Trees Regulations in whole or part comes forward by reenactment of all or some of the provisions of the Clear-Cutting and Protection of Heritage Trees Regulations enacted October 3, 2005 or as amended, and it is not the intention to repeal but rather to reenact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have occurred thereafter are reserved and may be enforced. The enactment of the Land Development Ordinance, which the Clear-Cutting and Protection of Heritage Trees Regulations is a part, shall not affect any action, suit or process instituted or pending. All provisions of the Clear-Cutting and Protection of Heritage Trees Regulations of the Town of Fuquay-Varina enacted on October 3, 2005 or as amended, which are not reenacted herein, are repealed.
g. Definitions & Terms
Definitions for the Clear-Cutting & Protection of Heritage Trees Regulations are provided in Article S Interpretations & Definitions.
h. Exceptions
Exceptions shall exempt property from compliance of the Clear-Cutting & Protection of Heritage Trees Regulations:
(1) Existing Development . Existing development, which is defined as preliminary subdivision plans submitted for approval prior to October 3, 2005.
(2) Building Permits Submitted . Building permits that have been requested prior to October 3, 2005.
(3) Change of Occupancy . Change of occupancy of an existing structure provided there is no expansion to increase the existing square footage of the structure beyond the maximum permitted under the Land Development Ordinance. (4) Undeveloped Farm Property . Undeveloped property that is cleared to the property line as a result of farming operations or non-farmed property that exists as an open field or meadow as of October 3, 2005. (5) Property Less than 10 Acres Zoned Residential . Property less than 10 acres, net of public right-of-way, zoned for single-family detached residential use and developed as an individual single-family residential lot in accordance with the regulations of Article J Subdivisions.
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