Secondary and Cumulative Impacts Master Management Plan - 2014

Article 6: Riparian Buffers Section 6.7. Diffuse Flow Requirements 6.6.3. Riparian Buffer Variance Review Standards

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. 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 6.8, Uses and Activities Permitted in Riparian Buffers, addressing stormwater management ponds, drainage ditches, roadside ditches, and stormwater conveyances. SECTION 6.8. USES AND ACTIVITIES PERMITTED IN RIPARIAN BUFFERS 511 Table 6.8 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. SECTION 6.7. DIFFUSE FLOW REQUIREMENTS 510

Table 6.8: Uses and Activities Permitted in Riparian Buffers

Allowable with Mitigation [3]

Use or Activity

Exempt [1] Allowable [2]

Airport facilities that impact no more than 150 linear feet or 1/3 acre of riparian buffer Airport facilities that impact more than 150 linear feet or 1/3 acre of riparian buffer

X

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.

April 2013 Page 6-12

Morrisville, NC

Unified Development Ordinance - Public Review Draft