Orange County NC Website
Browse       Search
drainage ways. <br />c) Ephemeral (stormwater) streams. <br />3. Exemption when Existing Uses are Present and Ongoing: This <br />Ordinance shall not apply to portions of the riparian buffer where a use is <br />existing and ongoing according to the following: <br />a) A use shall be considered existing if it was present within the <br />riparian buffer as of July 22, 1997. Existing uses shall include, but <br />not be limited to, agriculture, buildings, industrial facilities, <br />commercial areas, transportation facilities, maintained lawns, <br />utility lines and on -site sanitary sewage systems. Only the portion <br />of the riparian buffer that contains the footprint of the existing use <br />is exempt from this Ordinance. Activities necessary to maintain <br />uses are allowed provided that no additional vegetation is removed <br />from Zone 1 except that grazed or trampled by livestock and <br />existing diffuse flow is maintained. Grading and revegetating Zone <br />2 is allowed provided that the health of the vegetation in Zone 1 is <br />not compromised, the ground is stabilized and existing diffuse flow <br />is maintained. <br />b) At the time an existing use is proposed to be converted to <br />another use, this Ordinance shall apply. An existing use shall be <br />considered to be converted to another use if any of the following <br />applies: <br />(1) Impervious surface is added to the riparian buffer in <br />locations where it did not exist previously. <br />(2) An agricultural operation within the riparian buffer is <br />converted to a non - agricultural use. <br />(3) A lawn within the riparian buffer ceases to be <br />maintained. <br />B. Zones within the Riparian Buffer <br />The protected riparian buffer shall have two zones as follows: <br />1. Zone 1 shall consist of a vegetated area that is undisturbed except for <br />uses provided for in the Table of Uses, Section 4. The location of Zone 1 <br />shall be as follows: <br />a) For intermittent and perennial streams, Zone 1 shall begin at <br />the most landward limit of the top of the bank or rooted herbaceous <br />vegetation, and extend outward a minimum distance of 30 feet on <br />all sides of the surface water, measured horizontally on a line <br />perpendicular to the surface water. <br />b) For ponds, lakes, and reservoirs located within a natural <br />drainage way, Zone 1 shall begin at the most landward limit of the <br />normal water level or the rooted herbaceous vegetation and extend <br />landward a minimum distance of 30 feet, measured horizontally on <br />a line perpendicular to the surface water. <br />c) Zone 2 shall consist of a stable, vegetated area that is <br />undisturbed except for activities and uses provided for in the Table <br />7 <br />