Secondary and Cumulative Impacts Master Management Plan - 2014

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Article 6: Riparian Buffers
Section 6.7. Diffuse Flow Requirements
6.6.3. Riparian Buffer Variance Review Standards
April 2013 Morrisville, NC
Page 6-12 Unified Development Ordinance - Public Review Draft
1. A request for a particular use that is expressly, or by inference, prohibited in the zoning district
or the riparian buffer zone;
2. Hardships resulting from factors other than application of requirements of this Ordinance;
3. The fact that land or a structure may be utilized more profitably or be more marketable with a
Variance; or
4. The citing of other nonconforming or conforming uses of land or structures in the same or other
zoning districts or riparian buffers.
SECTION 6.7. DIFFUSE FLOW REQUIREMENTS510
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow prior to
its entry into the buffer and reestablishing vegetation as follows:
A. Concentrated runoff from new ditches or man-made conveyances shall be converted to diffuse flow at
non-erosive velocities before the runoff enters Zone Two of the riparian buffer;
B. Periodic corrective action to restore diffuse flow shall be taken as necessary and shall be designed to
impede the formation of erosion gullies; and
C. No new stormwater conveyances are allowed through the buffers except for those specified in Table
addressing stormwater management ponds,
drainage ditches, roadside ditches, and stormwater conveyances.
SECTION 6.8. USES AND ACTIVITIES PERMITTED IN RIPARIAN BUFFERS511
Table sets out potential new uses and activities permitted within a riparian buffer, or outside the buffer
with impacts on the buffer, and categorizes them as ―Exempt,‖ ―Allowable,‖ or ―Allowable with
Mitigation.‖ All uses or activities not listed in the table shall be considered prohibited and may not occur
within the riparian buffer, or outside the buffer if the use would impact the buffer, unless a Riparian Buffer
Variance is granted pursuant to Section 6.6, Variances from Riparian Buffer Regulations.
Table
Use or Activity Exempt [1] Allowable [2]
Allowable
with
Mitigation [3]
Airport facilities that impact no more than 150 linear feet or 1/3 acre
of riparian buffer
X
Airport facilities that impact more than 150 linear feet or 1/3 acre of
riparian buffer
X
510 This carries forward provision is Sec. 7.E of the current Riparian Buffer Ordinance.
511 This carries forward the ―table of uses‖ in Sec. 8.B of the current Riparian Buffer Ordinance, modified only to incorporate into
the table‘s use or activity column those currently footnoted requirements for FAA-compliant activities. (Other footnoted
requirements for utilities were not incorporated into the table‘s use or activity column because they apply to multiple activities.