§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 trees in perimeter buffer zones prior to development and allow for the protection of specimen or “Heritage” trees during the development process. The Town Board of Commissioners of the Town of Fuquay-Varina hereby ordain and enacts into law the following regulations to regulate clear-cutting and the protection of heritage trees.
b. Purpose
The Town of Fuquay-Varina desires to develop in a manner that allows development to occur in harmony with the natural environment and protect existing vegetation when and where practical to improve the quality and character of the Town. The Clear-Cutting and Protection of Heritage Trees Regulations also works in unison with improving air quality, stormwater management and economic value to property and the environment of the Town.
c. Jurisdiction
The provisions of these regulations shall apply to all areas within the jurisdiction of the Town of Fuquay- Varina, including the Town’s corporate limits and extraterritorial jurisdiction (ETJ).
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.
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