f. Conflict with Private Agreements & Covenants
The Land Development Ordinance is not intended to interfere with private agreements, or abrogate or annul any easement, covenant, deed restriction or other agreement or instrument between private parties. If the provisions of the Land Development Ordinance impose a greater restriction than imposed by a private agreement, the provisions of the Land Development Ordinance shall control. If the provisions of a valid, enforceable private agreement impose a greater restriction than the Land Development Ordinance, the provisions of the private agreement shall control. Where a homeowners’ association is established by the covenants, deed restrictions or other agreement or instrument between private parties, the homeowners’ association may only enforce the covenants and deed restrictions as recorded, and where the homeowners ’ association may determine, directly or implied that the more restrictive standards imposed by the Town of Fuquay-Varina Land Development Ordinance does not apply, the homeowners’ association shall be in violation by such action. The Town of Fuquay-Varina does not enforce or maintain a record of private agreements, covenants or bylaws.
g. Bona Fide Farms Exemption
Bona fide farms, as provided in §160D-903 (c) of the North Carolina General Statutes, shall be exempt from the provisions of the Land Development Ordinance within the extraterritorial jurisdiction, or as otherwise provided in such statute and/or in the Land Development Ordinance.
§9-1007 ADOPTED PLANS
All plans that have been adopted now or in the future by the Town Board of Commissioners shall be considered in any reviews and decisions under the Land Development Ordinance in the area affected by a plan. Following is a list of adopted plans that comprise the comprehensive plan for the Town of Fuquay-Varina, but such list shall not be limited by the update of existing plans or the adoption of new plans:
a. Community Land Use Plan
b. Community Transportation Plan, also known as the Community Thoroughfare Plan
c. Community Pedestrian Master Plan
d. Open Space Plan
e. Varina Streetscape Master Plan
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