Morrisville Unified Development Ordinance – September 2018

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

(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, 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 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. C. Existing Single-Family Detached Dwelling Lots in Neuse River Basin This article shall not apply to activities associated with the development of single-family detached and manufactured home dwellings on existing lots equal to or less than 2 acres in size that were platted and recorded prior to August 1, 2000 in the Neuse river basin, and are zoned for and otherwise intended to be used as building sites for single-family detached or manufactured home dwellings—provided, however, that development on these existing lots shall meet all of the conditions in Section 8.(b) of Session Law 2012-200. This exemption does not include duplex dwellings or subdivisions that create new lots for such dwellings, which shall be subject to this article. D. Ponds for Agricultural Purposes This article shall not apply to freshwater ponds constructed and used for agricultural purposes if all of the following conditions are met: The property on which the pond is located is used for agriculture as that term is defined in G.S. 106-581.1; and Except for the Riparian Buffer Rules and any similar rule adopted for the protection and maintenance of riparian buffers, the use of the property is in compliance with all other water quality and water quantity statutes and rules applicable to the property before the adoption of the Riparian Buffer Rules for the river basin or watershed in which the property is located; and The pond is not a component of an animal waste management system as defined in G.S. 143- 215.10B (3). (Ord. No. 2014-006, 05/27/2014, Ord. No. 2016-054, 11/22/2016)

September 25, 2018

Morrisville, NC

Page 6-2

Unified Development Ordinance