Morrisville UDO - June 2017 version

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Article 6: Riparian Buffers
Section 6.4. Identification of Riparian Buffers
6.4.1. Surface Waters with Riparian Buffers
June 23, 2017 Morrisville, NC
Page 6-4 Unified Development Ordinance
SECTION 6.4. IDENTIFICATION OF RIPARIAN BUFFERS
6.4.1. Surface Waters with Riparian Buffers
A. General
Except as provided in subsectio below, riparian buffers subject to this section shall be required along
all surface waters in the Neuse River Basin and the Jordan Lake watershed identified on designated
maps (Sectio or by on-site determinations (Section .
B. Exception
Riparian buffers shall not be required along mapped surface waters where an on-site determination in
accordance with Sectio shows that mapped surface water is:
A man-made pond or lake that is not part of a natural drainage way classified in accordance with
15A NCAC 2B .0100, including ponds and lakes created for animal watering, irrigation, or other
agricultural use as defined in N.C.G.S. 106-581.1 (A pond or lake is part of a natural drainage
way when it is fed by an intermittent or perennial stream or when it has a direct discharge point to
an intermittent or perennial stream.);
An ephemeral stream;
Lacks on-the-ground evidence of a corresponding intermittent or perennial stream, lake, reservoir,
or pond; or
A ditch or other man-made water conveyance other than a modified natural stream.
6.4.2. Maps Used to Identify Surface Waters with Riparian Buffers
Only one of the following types of maps shall be used for purposes of identifying surface waters with
riparian buffers subject to this section:
A. The most recently published version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture.
B. The most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by
the United States Geologic Survey (USGS).
C. In the Jordan Lake Watershed, a map approved by the Geographic Information Coordinating Council
and the North Carolina Environmental Management Commission (Commission) following a 30-day public
notice and opportunity for comment.
(Ord. No. 2016-054, 11/22/2016)
6.4.3. On-Site Determination of Surface Waters with Riparian Buffers
A. A landowner or other affected party (including the North Carolina Division of Water Resources) who
believes the maps used to identify riparian buffers (see Section
inaccurately depict the surface waters subject to these riparian buffer
regulations may request the Town for an on-site determination of the presence, location, and extent
(including the origin point) of such surface waters, or whether the mapped surface waters are excepted
from riparian buffer regulations in accordance with Section
The determination shall be conducted by the Town Engineer who has successfully completed the
Surface Water Identification Training Certification course, or other equivalent training curriculum
approved by the North Carolina Division of Water Resources. The Town may accept the results of
site assessments made by other parties who have successfully completed such training.