Morrisville UDO - June 2017 version

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Article 6: Riparian Buffers
Section 6.5. Riparian Buffer Development Review
6.5.1. Applicability
Morrisville, NC June 23, 2017
Unified Development Ordinance Page 6-5
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
6.5.1. Applicability
A. Except as exempted in Section Riparian Buffer Development Review is required
before any development, or any other activity listed in Table
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.
6.5.2. Riparian Buffer Development Review Procedure
Figure and the following subsections identify those steps in the standard
review procedure (se applicable to the review of a Riparian Buffer
Development Review application and note any specific variations of, or additions
to, those review steps.
A. Pre-Application Conference
The applicant shall hold a pre-application conference with Town staff in
accordance with Sectio
B. Application Submittal and Acceptance
The application shall be submitted and accepted, and may be withdrawn, in
accordance with Section 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
subject to the following provisions:
The decision shall be one of the following:
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;
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
Riparian Buffer
Development Review
Town Council Review and
Decision
Scheduling and Notice of
Meeting
Staff Review and Town
Engineer Decision
Application Submittal and
Acceptance
Pre-Application
Conference
Step is Applicable
Step is Not Applicable
Planning and Zoning
Board Review and
Recommendation
Figure 6.5.2