(A) This Section 14.6 shall be enforced by the Town Manager. Any person who fails to comply with any provision of this Section 14.6 shall be in violation of this Ordinance for each occurrence or non-compliance. The disturbance or damage of vegetation within the UTB shall constitute a violation of this Ordinance. For purposes of this Section 14.6, "disturbance" shall be defined as any action that results in injury or harm to required trees, shrubbery, or other vegetation. The owner(s) of the property which term includes their agents, heirs, and assigns, shall be fined and shall replace the disturbed or damaged vegetation as set forth in subsections 14.6.14(B) and 14.6.14(C). In addition, Cary may assess civil penalties in accordance with Chapter 11 of the LDO. Each day that the violation continues shall constitute a separate offense.
(B) The area disturbed or damaged shall be revegetated to re-establish the natural landscape. The person to whom a notice of violation is issued must submit a vegetation plan which shall include a minimum of at least two (2) native hardwood tree species planted at a density sufficient to provide three hundred twenty (320) trees per acre at maturity. In addition, any tree with a dbh of at least six (6) inches that is damaged or removed shall be replaced with one (1) or more trees that have a caliper of at least two (2) inches and a cumulative dbh equal to or greater than the original tree.
(C) A fine of between two dollars ($2.00) and four dollars ($4.00) for every square foot area used by the disturbed or damaged vegetation within the UTB shall be imposed. In determining the amount of the fine, the Town Manager shall consider the degree and extent of harm caused by the violation, the cost of rectifying the damage, and whether the violation was committed willfully. Fines imposed pursuant to this subsection may be appealed pursuant to Section 11.2.2(D).