Land Development Ordinance - Amended 4-2-2024

(3) Civil & Criminal Penalties . The institution of an action for injunctive or other relief under the Land Development Ordinance shall not relieve any party to such proceeding from any civil or criminal penalty prescribed by this Article for violations of the Land Development Ordinance. (4) Violations of the Sedimentation and Erosion Control Regulations. Violations of Article I Environmental Protection & Standards, §9-1407 Soil Erosion and Sedimentation Control and/or this Article shall be addressed by the Engineering Department. Any development, grading and/or disturbance of a property that violates erosion and sedimentation control regulations shall be enforced, and fines assessed, pursuant to this Article and Article I Environmental Protection & Standards, §9-1407 Soil Erosion and Sedimentation Control standards.

§9-1857 VIOLATIONS OF APPROVED PLANS

Where plans have been approved, by the Town of Fuquay-Varina Board of Commissioners, or Town staff, and the property owner/developer proceeds with construction that is in conflict or violation of the approved plans the following remedies shall be applied:

a. Stop Work Order

A stop work order may be issued by the Town for violations of approved plans, and the property owner/developer may be subject to other penalties described in this Article until compliance is met. The following Town staff/officials shall have the authority to issue a stop work order in addition to any other penalties authorized in this Article: (1) Planning Department . The Planning Director is authorized to issue a stop work order for violation of approved plans where construction is not in compliance with the Land Development Ordinance and/or said approved plans. (2) Inspections Department . The Inspections Director is authorized to issue a stop work order for violations of approved building plans where construction of a building or structure is not in compliance with the North Carolina State Building Code. (3) Director of Engineering . The Director of Engineering is authorized to issue a stop work order for violations of approved construction drawings where construction of the infrastructure is not in compliance with the approved construction drawings and/or meets the Town’s Standard Specifications & Construction Details.

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