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Article 6: Riparian Buffers
Section 6.2. General
6.2.2. Applicability
April 2013
Morrisville, NC
Page 6-2
Unified Development Ordinance - Public Review Draft
B.
Exemptions
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1.
Existing and Ongoing Uses
a.
This article shall not apply to uses that are existing and on-going. Existing uses may include
agriculture, buildings, industrial facilities, commercial areas, transportation facilities,
maintained lawns, utility lines, and on-site sanitary sewage systems—any of which involve
either specific, periodic management of vegetation or displacement of vegetation by
structures or regular activity. An existing, on-going use is one meeting the following criteria:
(1)
Neuse River Basin
A use in the Neuse River Basin is existing if it existed before July 22, 1997 (the effective
date of the North Carolina Division of Water Quality‘s Neuse Rule).
(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,
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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 of 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.
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This carries forward the existing use exemption in Sec. 7.C of the current Riparian Buffer Ordinance and the single-family
exemption in Sec. 8.D of the current Ordinance (with modifications).
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Published by the U.S. Army Corps of Engineers and Federal Highway Administration, 2003.