Morrisville Unified Development Ordinance - April 2019

Article 6: Riparian Buffers Section 6.7. Diffuse Flow Requirements 6.6.3. Riparian Buffer Variance Review Standards

The extent of the Variance is the minimum necessary to allow a reasonable use of the land or structure; The Variance is in harmony with the general purpose and intent of this Ordinance and the State’s riparian buffer protection requirements and preserves the spirit of such Ordinance or requirements; The Variance would not adversely affect the health or safety of persons residing or working in the neighborhood, be injurious to property or improvements in the neighborhood, or otherwise be detrimental to the public welfare; Granting of the Variance would assure the public safety and welfare, protect water quality, and achieve substantial justice; and

The Variance is consistent with the Comprehensive Plan.

B. Insufficient Grounds for Approving Variances

The following factors shall not constitute sufficient grounds for approval of any Riparian Buffer Variance:

A request for a particular use that is expressly, or by inference, prohibited in the zoning district or the riparian buffer zone;

Hardships resulting from factors other than application of requirements of this Ordinance;

The fact that land or a structure may be utilized more profitably or be more marketable with a Variance; or The citing of other nonconforming or conforming uses of land or structures in the same or other zoning districts or riparian buffers.

SECTION 6.7. DIFFUSE FLOW REQUIREMENTS

Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow prior to its entry into the buffer and reestablishing vegetation as follows: A. Concentrated runoff from new ditches or man-made conveyances shall be converted to diffuse flow at non-erosive velocities before the runoff enters Zone Two of the riparian buffer; B. Periodic corrective action to restore diffuse flow shall be taken as necessary and shall be designed to impede the formation of erosion gullies; and C. No new stormwater conveyances are allowed through the buffers except for those specified in Table 6.8, Uses and Activities Permitted in Riparian Buffers, addressing stormwater management ponds, drainage ditches, roadside ditches, and stormwater conveyances. SECTION 6.8. USES AND ACTIVITIES PERMITTED IN RIPARIAN BUFFERS Table 6.8 sets out potential new uses and activities permitted within a riparian buffer, or outside the buffer with impacts on the buffer, and categorizes them as “Exempt,” “Allowable,” or “Allowable with Mitigation.” All uses or activities not listed in the table shall be considered prohibited and may not occur within the riparian buffer, or outside the buffer if the use would impact the buffer, unless a Riparian Buffer Variance is granted pursuant to Section 6.6, Variances from Riparian Buffer Regulations.

Morrisville, NC

April 23, 2019

Unified Development Ordinance

Page 6-11