Morrisville Unified Development Ordinance - October 2019

Article 6: Riparian Buffers Section 6.5. Riparian Buffer Development Review 6.5.1. Applicability

If determining the origin of a stream, the determination shall use the latest version of the North Carolina Division of Water Resources’ Identification Methods for the Origins of Intermittent and Perennial Streams. B. Any disputes over on-site determinations shall be referred in writing to the Director of the North Carolina Division of Water Resources and is subject to review as provided in Articles 3 and 4 of N.C.G.S 150B.

SECTION 6.5. RIPARIAN BUFFER DEVELOPMENT REVIEW

Applicability

6.5.1.

A. Except as exempted in Section 6.2.2.B, Exemptions, Riparian Buffer Development Review is required before any development, or any other activity listed in Table 6.8, Uses and Activities Permitted in Riparian Buffers, may be conducted within a riparian buffer. B. An application for Riparian Buffer Development Review may be submitted and reviewed concurrently

with applications for Conceptual Master Plan Approval, Site Plan Approval, Construction Plan Approval, Floodplain Development Permit, Stormwater Management Permit, Administrative Adjustment, or Alternative Equivalent Compliance.

Riparian Buffer Development Review

Step is Applicable

Riparian Buffer Development Review Procedure

6.5.2.

Step is Not Applicable

Figure 6.5 and the following subsections identify those steps in the standard review procedure (see Section 2.4) applicable to the review of a Riparian Buffer Development Review application and note any specific variations of, or additions to, those review steps.

Pre-Application Conference

A. Pre-Application Conference

Application Submittal and Acceptance

The applicant shall hold a pre-application conference with Town staff in accordance with Section 2.4.2. B. Application Submittal and Acceptance The application shall be submitted and accepted, and may be withdrawn, in accordance with Section 2.4.3, except that if the application proposes development or activity that is allowable only with mitigation, the application shall include a mitigation strategy. C. Staff Review and Decision The Town Engineer shall review the application, allow revisions of the application, and decide the application in accordance with Section 2.4.4, subject to the following provisions:

Staff Review and Town Engineer Decision

Scheduling and Notice of Meeting

Planning and Zoning Board Review and Recommendation

The decision shall be one of the following:

Town Council Review and Decision

a. Determine that the proposed development or activity is permitted without an Authorization Certificate (“Exempt”); b. Approve the proposed development or activity as allowable, as submitted;

Figure 6.5.2

c. Approve the proposed development or activity as allowable, subject to conditions;

d. Approve the proposed development or activity as allowable with mitigation, as submitted;

e. Approve the proposed development or activity as allowable with mitigation, subject to conditions; or

Morrisville, NC

October 1, 2019

Unified Development Ordinance

Page 6-5