Morrisville Unified Development Ordinance - February 2021.2

Article 6: Riparian Buffers Section 6.5. Riparian Buffer Development Review 6.5.3. Riparian Buffer Development Review Standards

B. Allowable A development or activity proposed in a riparian buffer is permitted without an Authorization Certificate (“Exempt”) only if all of the following are met: 1. The proposed development or activity falls within a use listed as “Allowable” in Table 6.8, Uses and Activities Permitted in Riparian Buffers. 2. The proposed development or activity complies with the diffuse flow requirements in Section 6.7, Diffuse Flow Requirements. 3. There are no practical alternatives to the proposed development or activity within the riparian buffer—that is, that: a. The basic purpose of the proposed development or activity cannot be practically accomplished in a manner that would better minimize disturbance of the riparian buffer, preserve aquatic life and habitat, and protect water quality; b. The proposed development or activity cannot practically be reduced in size or density, reconfigured, or redesigned to better minimize disturbance of the riparian buffer; and c. Best management practices will be used as necessary to minimize disturbance of the riparian buffer, preserve aquatic life and habitat, and protect water quality. C. Allowable with Mitigation The Town Engineer shall determine that the development or activity proposed in a riparian buffer is allowable with an Authorization Certificate and mitigation only on reaching each of the following conclusions: 1. The proposed development or activity falls within a use listed as “Allowable with Mitigation” in Table 6.8, Uses and Activities Permitted in Riparian Buffers. 2. The proposed development or activity complies with the diffuse flow requirements in Section 6.7, Diffuse Flow Requirements. 3. There are no practical alternatives to the proposed development or activity within the riparian buffer—that is, that: a. The basic purpose of the proposed development or activity cannot be practically accomplished in a manner that would better minimize disturbance of the riparian buffer, preserve aquatic life and habitat, and protect water quality; b. The proposed development or activity cannot practically be reduced in size or density, reconfigured, or redesigned to better minimize disturbance of the riparian buffer; and c. Best management practices will be used as necessary to minimize disturbance of the riparian buffer, preserve aquatic life and habitat, and protect water quality. 4. The proposed mitigation strategy complies with the mitigation standards in Section 6.9, Mitigation. D. Additional Requirement for Single-Family Detached, Duplex, Attached, and Manufactured Home Dwelling Lots Riparian buffers, for both the Neuse River basin and Jordan Lake watershed, shall not be located on single-family detached, duplex, attached, and manufactured home dwelling lots. (Ord. No. 2014-006, 05/27/2014) E. Plats Parcels that include riparian buffers must show the buffer areas, with both zones labeled and dimensioned, on the recorded plats. (Ord. No. 2016-054, 11/22/2016)

Morrisville, NC

February 1, 2021

Unified Development Ordinance

Page 6-7