Morrisville Unified Development Ordinance – September 2018

Article 6: Riparian Buffers Section 6.3. Riparian Buffers and Zones 6.2.3. Interpretation of Riparian Buffer Regulations

6.2.3. Interpretation of Riparian Buffer Regulations When interpreting the meaning or application of the riparian buffer regulations in this article, the Town Engineer shall consider the clarification memos and other information developed and maintained by the North Carolina Division of Water Resources. Records The Town shall maintain on-site records for a minimum of five years, and shall furnish a copy of these records to the North Carolina Division of Water Resources within 30 days of receipt of a written request for them. Such records shall include the following: A. A copy of all variance requests; B. Findings of fact on all variance requests; C. Results of all variance proceedings; D. A record of complaints and action taken as a result of complaints; E. Records for stream origin calls and stream ratings; and F. Copies of all requests for authorization, records approving authorization, and Authorization Certificates. SECTION 6.3. RIPARIAN BUFFERS AND ZONES Riparian Buffer Riparian buffers subject to this section include all land (including wetlands) within 50 feet of, and directly adjacent to, all sides of surface waters in the Neuse River Basin and the Jordan Lake watershed. (Wetlands within a riparian buffer are also regulated pursuant to Rules 15A NCAC 2B .0230, and .0231, Rules 15A NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the Federal Water Pollution Control Act.) Riparian Buffer Zones Riparian buffers shall consist of two zones that have a combined width of 50 feet: A. Zone One Zone One consists of a vegetated area that is undisturbed except for uses and activities allowed in accordance with Section 6.8, Uses and Activities Permitted in Riparian Buffers. For intermittent and perennial streams, Zone One begins at the top of the bank and extends landward on both sides of the stream a distance of 30 feet, measured horizontally on a line perpendicular to a vertical line marking the top of the bank. For ponds, lakes, and reservoirs located within natural drainageway, Zone One begins at the normal water level and extends landward on all sides of the water body a distance of 30 feet, measured horizontally on a line perpendicular to a vertical line marking the outer edge of the normal water level. B. Zone Two Zone Two consists of a stable, vegetated area that is undisturbed except for uses and activities allowed in accordance with Section 6.8, Uses and Activities Permitted in Riparian Buffers. Zone Two begins at the outer edge of Zone One and extends landward a distance of 20 feet, measured horizontally on a line perpendicular to a vertical line marking the outer edge of Zone One. 6.2.4. 6.3.1. 6.3.2.

Morrisville, NC

September 25, 2018

Unified Development Ordinance

Page 6-3