Morrisville Unified Development Ordinance - October 2019

Article 6: Riparian Buffers Section 6.5. Riparian Buffer Development Review 6.5.3. Riparian Buffer Development Review Standards

The proposed development or activity will be designed, constructed, and maintained to minimize soil disturbance and provide the maximum water quality protection practicable.

(Ord. No. 2016-054, 11/22/2016)

B. Allowable

A development or activity proposed in a riparian buffer is permitted without an Authorization Certificate (“Exempt”) only if all of the following are met: The proposed development or activity falls within a use listed as “Allowable” in Table 6.8, Uses and Activities Permitted in Riparian Buffers. The proposed development or activity complies with the diffuse flow requirements in Section 6.7, Diffuse Flow Requirements. There are no practical alternatives to the proposed development or activity within the riparian buffer—that is, that: a. The basic purpose of the proposed development or activity cannot be practically accomplished in a manner that would better minimize disturbance of the riparian buffer, preserve aquatic life and habitat, and protect water quality; b. The proposed development or activity cannot practically be reduced in size or density, reconfigured, or redesigned to better minimize disturbance of the riparian buffer; and c. Best management practices will be used as necessary to minimize disturbance of the riparian buffer, preserve aquatic life and habitat, and protect water quality. C. Allowable with Mitigation The Town Engineer shall determine that the development or activity proposed in a riparian buffer is allowable with an Authorization Certificate and mitigation only on reaching each of the following conclusions: The proposed development or activity falls within a use listed as “Allowable with Mitigation” in Table 6.8, Uses and Activities Permitted in Riparian Buffers. The proposed development or activity complies with the diffuse flow requirements in Section 6.7, Diffuse Flow Requirements. There are no practical alternatives to the proposed development or activity within the riparian buffer—that is, that: a. The basic purpose of the proposed development or activity cannot be practically accomplished in a manner that would better minimize disturbance of the riparian buffer, preserve aquatic life and habitat, and protect water quality; b. The proposed development or activity cannot practically be reduced in size or density, reconfigured, or redesigned to better minimize disturbance of the riparian buffer; and c. Best management practices will be used as necessary to minimize disturbance of the riparian buffer, preserve aquatic life and habitat, and protect water quality. D. Additional Requirement for Single-Family Detached, Duplex, Attached, and Manufactured Home Dwelling Lots Riparian buffers, for both the Neuse River basin and Jordan Lake watershed, shall not be located on single-family detached, duplex, attached, and manufactured home dwelling lots. The proposed mitigation strategy complies with the mitigation standards in Section 6.9, Mitigation.

(Ord. No. 2014-006, 05/27/2014)

Morrisville, NC

October 1, 2019

Unified Development Ordinance

Page 6-7