Morrisville Unified Development Ordinance - February 2021.2

Article 6: Riparian Buffers Section 6.4. Identification of Riparian Buffers 6.4.1. Surface Waters with Riparian Buffers

SECTION 6.4. IDENTIFICATION OF RIPARIAN BUFFERS

Surface Waters with Riparian Buffers

6.4.1.

A. General Except as provided in subsection B below, riparian buffers subject to this section shall be required along all surface waters in the Neuse River Basin and the Jordan Lake watershed identified on designated maps (Section 6.4.2) or by on-site determinations (Section 6.4.3). B. Exception Riparian buffers shall not be required along mapped surface waters where an on-site determination in accordance with Section 6.4.3 shows that mapped surface water is: 1. A man-made pond or lake that is not part of a natural drainage way classified in accordance with 15A NCAC 2B .0100, including ponds and lakes created for animal watering, irrigation, or other agricultural use as defined in N.C.G.S. 106-581.1 (A pond or lake is part of a natural drainage way when it is fed by an intermittent or perennial stream or when it has a direct discharge point to an intermittent or perennial stream.); 2. An ephemeral stream; 3. Lacks on-the-ground evidence of a corresponding intermittent or perennial stream, lake, reservoir, or pond; or 4. A ditch or other man-made water conveyance other than a modified natural stream. Maps Used to Identify Surface Waters with Riparian Buffers Only one of the following types of maps shall be used for purposes of identifying surface waters with riparian buffers subject to this section: A. The most recently published version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture. B. The most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). C. In the Jordan Lake Watershed, a map approved by the Geographic Information Coordinating Council and the North Carolina Environmental Management Commission (Commission) following a 30-day public notice and opportunity for comment. (Ord. No. 2016-054, 11/22/2016) On-Site Determination of Surface Waters with Riparian Buffers A. A landowner or other affected party (including the North Carolina Division of Water Resources) who believes the maps used to identify riparian buffers (see Section 6.4.2, Maps Used to Identify Surface Waters with Riparian Buffers) inaccurately depict the surface waters subject to these riparian buffer regulations may request the Town for an on-site determination of the presence, location, and extent (including the origin point) of such surface waters, or whether the mapped surface waters are excepted from riparian buffer regulations in accordance with Section 6.4.1.B, Exception. 1. The determination shall be conducted by the Town Engineer who has successfully completed the Surface Water Identification Training Certification course, or other equivalent training curriculum approved by the North Carolina Division of Water Resources. The Town may accept the results of site assessments made by other parties who have successfully completed such training. 6.4.2. 6.4.3.

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 6-4