(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
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Regulations of the Town of Fuquay-Varina enacted on October 3, 2005 or as amended, which are not reenacted herein, are repealed.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:
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