Secondary and Cumulative Impacts Master Management Plan - 2014

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Morrisville, NC April 2013
Unified Development Ordinance - Public Review Draft Page 6-1
Article 6: Riparian Buffers
SECTION 6.1. PURPOSE490
The purpose of the standards in this section is to protect water quality in the Upper Neuse River Basin and
the Jordan Lake watershed, including water supplies throughout the Neuse River Basin and Jordan Lake
watershed. Specifically, it is intended to protect and preserve existing riparian buffers in accordance with
State riparian buffer rules. Vegetative buffers adjacent to surface waters provide multiple environmental
protection and resource management benefits. Forested buffers enhance and protect the natural ecology
of stream systems, as well as water quality through bank stabilization, shading, and nutrient removal. They
also help minimize flood damage in flood prone areas. Well-vegetated riparian buffers help remove
nitrogen and prevent sediment and sediment-bound pollutants such as phosphorus from reaching the
waters. The riparian buffer standards in this article are intended to achieve these important benefits.
SECTION 6.2. GENERAL
6.2.1. Authority 491
This article is enacted and administered pursuant to the Town‘s general authority to regulate development
(see Section 1.1.2, Authority) and the local delegation or assignment of authority for the protection and
maintenance of riparian buffers granted by the North Carolina Environmental Management Commission in
accordance with 15A NCAC 2B .0241 (Neuse River Basin: Nutrient Sensitive Waters Management
Strategy: Delegation of Authority for the Protection And Maintenance of Riparian Buffers) and 15A NCAC
02B .0267 (Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers).
6.2.2. Applicability
A. General492
1. Except as otherwise provided in Section this article applies to any
development, as well as any other activity listed in Table 6.8, Uses and Activities Permitted in
Riparian Buffers, that occurs within riparian buffers directly adjacent to surface waters in the
Neuse River Basin and the Jordan watershed (as identified in accordance with
, as well as to any development or listed activity that occurs outside of such
buffers and has hydrologic impacts in violation of the diffuse flow requirements set out in Section
6.7. No new clearing, grading, or development shall take place, nor shall any new building
permits be issued, in violation of the standards in this article.
2. No development or activity subject to this article may occur within a required riparian buffer
unless reviewed and approved in accordance with
3. Parties subject to this article shall abide by all State rules and laws regarding waters of the
state—including, but not limited to, Rules 15A NCAC 2B .0230 and .0231, Rules 15A NCAC 2H
.0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the Federal Water Pollution Control
Act.
490 This carries forward the purpose statement in Sec. 2 of the current Riparian Buffer Ordinance, modified to more clearly tie the
benefits of riparian buffers to the riparian buffer regulations.
491 This supplements the Town‘s general regulatory authority in Article 1 with references to State rules authorizing local delegation
of authority to administer the Neuse River riparian buffer rules and requirements for local implementation of Jordan Lake riparian
buffer rules.
492 This adds a provision that incorporates and clarifies the general applicability provisions scattered about the current Riparian
Buffer Ordinance.