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Article 6: Riparian Buffers
Section 6.3. Riparian Buffers and Zones
6.2.3. Interpretation of Riparian Buffer Regulations
Morrisville, NC
April 2013
Unified Development Ordinance - Public Review Draft
Page 6-3
C.
Existing Single-Family Detached Dwelling Lots
495
This article shall not apply to activities associated with the development of single-family detached,
duplex, and manufactured home dwellings on existing lots zoned for and otherwise intended to be
used as building sites for single-family detached, duplex, or manufactured home dwellings. This
exemption does not include subdivisions that create new lots for such dwellings, which shall be subject
to this article.
6.2.3.
Interpretation of Riparian Buffer Regulations
496
When interpreting the meaning or application of the riparian buffer regulations in this article, the Planning
Director shall consider the clarification memos and other information developed and maintained by the
North Carolina Division of Water Quality.
6.2.4.
Records
497
The Town shall maintain on-site records for a minimum of five years, and shall furnish a copy of these
records to the North Carolina Division of Water Quality within 30 days of receipt of a written request for
them. Such records shall include the following:
A.
A copy of all variance requests;
B.
Findings of fact on all variance requests;
C.
Results of all variance proceedings;
D.
A record of complaints and action taken as a result of complaints;
E.
Records for stream origin calls and stream ratings; and
F.
Copies of all requests for authorization, records approving authorization, and Authorization
Certificates.
SECTION 6.3. RIPARIAN BUFFERS AND ZONES
498
6.3.1.
Riparian Buffer
Riparian buffers subject to this section include all land (including wetlands) within 50 feet of, and directly
adjacent to, all sides of surface waters in the Neuse River Basin and the Jordan Lake watershed.
(Wetlands within a riparian buffer are also regulated pursuant to Rules 15A NCAC 2B .0230, and .0231,
495
Sec. 8.D of the current Riparian Buffer Ordinance states that riparian buffers cannot be located on ―single-family residential
lots,‖ a term not defined in the Ordinance. This apparently means that no riparian buffers are required on any such lots, whether
existing or created through the subdivision process. Although the proposed open space standards in Article 6 give riparian buffers
a high priority for inclusion in subdivision‘s open space, there may still be some small subdivisions or subdivisions with extensive
surface water coverage where riparian buffers would otherwise exist on proposed single-family lots. This provision modifies the
current provision to limit the exemption to development of single-family detached, duplex, and manufactured home dwellings on
existing lots zoned and intended for such dwellings. This allows the Town to better protect riparian buffers in residential
subdivisions, possibly through establishment of conservation easements on lots if needed. By exempting development rather than
the lot, it also avoids the need to determine when a lot is a single-family residential lot (which is certainly not clear outside Very
Low and Low Density Residential districts), and facilitates the mapping of riparian buffers (i.e., avoids the need to exclude single-
family residential lots).
496
This new provision references information posted on-line and otherwise maintained by NCDWQ, which has had years of
experience itself, as well as knowledge accumulated from other local governments administering riparian buffer regulations. Such
consideration should help facilitate Town administration of the riparian buffer regulations.
497
This adds a requirement found in both 15A NCAC 2B .0241 (for Neuse River riparian buffers) and 15A NCAC 02B .0267 (for
Jordan Lake riparian buffers).
498
This carries forward, with a clarifying introductory subsection, provisions in Sec. 7.D of the current Riparian Buffer Ordinance
that define Zones One and Two of a riparian buffer.