Orange County NC Website
919 <br /> A. Requirements for Categories of Uses <br /> Uses designated as exempt, allowable, allowable with mitigation and prohibited in <br /> Section 4 Table of Uses shall have the following requirements: <br /> 1. Exempt: Uses designated as exempt are allowed within the riparian buffer <br /> as long as the proposed user meets the following conditions prior to <br /> commencing the exempt use: <br /> a) Provide the Planning Director or Designee notification of the <br /> location and nature of the exempt use; . <br /> b) Provide a written statement that the exempt use shall be <br /> designed, constructed and maintained to minimize soil disturbance <br /> and to provide the maximum`water quality protection practicable. <br /> In addition, exempt uses shall meet requirements listed in Section <br /> 4 Table of Uses for the specific use. <br /> 2. Allowable: Uses designated as allowable may proceed within the riparian <br /> buffer provided that there are no practical alternatives to the requested use <br /> pursuant to Section 4.B. These uses require written authorization from the <br /> County. <br /> 3. Allowable with Mitigation: Uses designated as allowable with mitigation may <br /> proceed within the riparian buffer provided that there are no practical alternatives <br /> to the requested use pursuant to Section 4.13 and an appropriate mitigation <br /> strategy has been approved pursuant to Section 4-.9 41. These uses require <br /> written authorization from the County. <br /> 4. Prohibited: Uses designated as prohibited may not proceed within the riparian <br /> buffer unless a variance is granted pursuant to Section 4-.D 4.E. Mitigation may <br /> be required as one condition of a variance approval. <br /> B. Determination of"NO PRACTICAL ALTERNATIVES." <br /> Persons who wish to undertake uses designated as allowable or allowable with mitigation <br /> shall submit a request for a"No Practical Alternatives" determination to the County. The <br /> applicant shall certify that the criteria identified in Section 4.B are met. The County shall <br /> grant an Authorization Certificate upon a"No Practical Alternatives"determination. The <br /> procedure for making an Authorization Certificate shall be as follows: <br /> 1. .For any request for an Authorization Certificate, the County shall review the <br /> entire project and make a finding of fact as to whether the following requirements <br /> have been met in support of a'"No Practical Alternatives"determination: <br /> a) The basic project purpose cannot be practically accomplished in a <br /> manner that would better minimize disturbance,preserve aquatic life and <br /> habitat, and protect water quality. <br /> b) The use cannot practically be reduced in size or density, reconfigured <br /> or redesigned to better minimize disturbance,.preserve aquatic life and <br /> habitat, and protect water quality. <br /> c) Best management practices will be used if necessary to minimize <br /> disturbance,preserve aquatic life and habitat, and protect water quality. <br /> 13 <br />