Morrisville Unified Development Ordinance - April 2019

Article 10: Enforcement Section 10.4. Remedies and Penalties 10.4.2. Citations and Civil Penalties

e. That any other action be taken as necessary to bring the property into compliance with this Ordinance. The Town may execute the Order of Abatement and will have a lien on the property in the nature of a mechanic’s and materialman’s lien for the cost of executing the order. G. Equitable Remedy The Town may apply to the appropriate court for any appropriate equitable remedy to enforce the provisions of this Ordinance. The fact that other remedies are provided under general law or this Ordinance shall not be used by a violator as a defense to the Town’s application for equitable relief.

10.4.2. Citations and Civil Penalties

A. Violations of Riparian Buffer Regulations

Any person, firm, or corporation who violates any provisions in Article 6: Riparian Buffers, shall be in violation of this article and shall be subject to civil penalties as follows:

For first time offenders a civil penalty in the amount of $100.00 per violation shall be assessed.

For repeat offenders, the amount of the penalty shall be double the amount assessed for the previous penalty, not to exceed $10,000.00 per violation for any continuing violation.

Each day’s continuing violation shall be a separate and distinct offense.

B. Violations of Stormwater Management Regulations Any person, firm, or corporation who violates any provision in Article 7: Stormwater Management, or order made pursuant to Article 7, shall be subject to the civil penalties set forth in Section 7.5, Enforcement and Violations. C. Violations of Special Event Permit Regulations Any person, firm, or corporation who violates any Special Event provisions authorized in Article 6: Temporary Use/Structure Table, or Section 4.4.5.B.7, Special Event, shall be in violation of this article and shall be subject to Section 10.4.1.C.2, as well as civil penalties as follows:

For first time offenders a civil penalty in the amount of $100.00 per violation shall be assessed.

For repeat offenders a civil penalty in the amount of $200.00 per violation shall be assessed

D. Violation of Tree Protection Standards

Damage or Removal within a Designated Protection Area a. Irreparable damage to or removal of existing trees located within a designated tree protection area or existing trees depicted on a tree protection plan shall be subject to a civil penalty in the amount of $1,000 per tree with a DBH of less than 24 inches and $5,000 per tree with a DBH of 24 inches or more. b. The civil penalty associated with damage to or removal of existing trees located within a designated tree protection area or existing trees depicted on a tree protection plan shall not exceed a maximum of $500,000 for any single occurrence. Damage or Removal without an Established Protection Area a. In cases where irreparable damage to or removal of existing trees takes place on a site that is subject to the standards in Section 5.4, Tree Protection, but where a tree protection area has not yet been established or a tree survey is not yet submitted, a civil penalty shall be imposed in the amount of $5.00 per square foot of tree canopy retention area required but not provided (due to the removal or damage of existing trees).

Morrisville, NC

April 23, 2019

Unified Development Ordinance

Page 10-5