Article 6: Riparian Buffers
Section 6.5. Riparian Buffer Development Review
6.5.3. Riparian Buffer Development Review Standards
Morrisville, NC
June 23, 2017
Unified Development Ordinance
Page 6-7
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
Tabl
e 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.
The proposed mitigation strategy complies with the mitigation standards in
Section 6.9, Mitigation.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.
(Ord. No. 2014-006, 05/27/2014)