Article 6: Riparian Buffers
Section 6.2. General
6.2.2. Applicability
June 23, 2017
Morrisville, NC
Page 6-2
Unified Development Ordinance
(2)
Jordan Lake Watershed
A use in the Jordan Lake watershed is existing only if one of the following occurred before
April 26, 2011 (the date the Morrisville Town Council adopted the Riparian Buffer
Protection Ordinance):
(A)
If subject to requirements for a 401 Certification/404 Permit, such certification and
permit were issued for the use;
(B)
If subject to a State permit or certification (e.g., for landfills, NPDES wastewater
discharges, land application of residuals, and road construction activities), all such
State permits and certifications were obtained for the use and construction of the
permitted activity began or was under contract to begin;
(C)
If reviewed through the Clean Water Act Section 404/National Environmental
Policy Act Merger 101 Process, an agreement with the North Carolina Department
of Environment and Natural Resources (NCDENR) on avoidance and minimization
was reached; or
(D)
If not subject to review through the Clean Water Act Section 404/National
Environmental Policy Act Merger 101 Process, a Finding of No Significant Impact
pursuant to the National Environmental Policy act (NEPA) was issued for the use and
the use was approved, in writing, by the Town.
b.
A change in an existing, on-going use to another use is not exempt, though a mere change in
ownership through purchase or inheritance does not constitute such a change in use.
c.
Only that portion of the riparian buffer occupied by the footprint of the existing and on-going
use is exempt from this article.
C.
Existing Single-Family Detached Dwelling Lots in Neuse River Basin
This article shall not apply to activities associated with the development of single-family detached and
manufactured home dwellings on existing lots equal to or less than 2 acres in size that were platted and
recorded prior to August 1, 2000 in the Neuse river basin, and are zoned for and otherwise intended
to be used as building sites for single-family detached or manufactured home dwellings—provided,
however, that development on these existing lots shall meet all of the conditions in Section 8.(b) of Session
Law 2012-200. This exemption does not include duplex dwellings or subdivisions that create new lots
for such dwellings, which shall be subject to this article.
D.
Ponds for Agricultural Purposes
This article shall not apply to freshwater ponds constructed and used for agricultural purposes if all of
the following conditions are met:
The property on which the pond is located is used for agriculture as that term is defined in G.S.
106-581.1; and
Except for the Riparian Buffer Rules and any similar rule adopted for the protection and
maintenance of riparian buffers, the use of the property is in compliance with all other water quality
and water quantity statutes and rules applicable to the property before the adoption of the
Riparian Buffer Rules for the river basin or watershed in which the property is located; and
The pond is not a component of an animal waste management system as defined in G.S. 143-
215.10B (3).
(Ord. No. 2014-006, 05/27/2014, Ord. No. 2016-054, 11/22/2016)