Secondary and Cumulative Impacts Master Management Plan - 2014

Article 6: Riparian Buffers Section 6.2. General 6.2.2. Applicability

B. Exemptions 493

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, 494 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.

493 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). 494 Published by the U.S. Army Corps of Engineers and Federal Highway Administration, 2003.

April 2013 Page 6-2

Morrisville, NC

Unified Development Ordinance - Public Review Draft