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ORD-2001-027 Planning - Orange County Stormwater Program Regulatory Enhancements for Lands Within the Neuse River Basin
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ORD-2001-027 Planning - Orange County Stormwater Program Regulatory Enhancements for Lands Within the Neuse River Basin
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Last modified
11/1/2012 2:42:26 PM
Creation date
10/23/2012 9:04:04 AM
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BOCC
Date
9/18/2001
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
8h
Document Relationships
Agenda - 09-18-2001 - 8h
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\Board of County Commissioners\BOCC Agendas\2000's\2001\Agenda - 09-18-2001
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008 <br /> minute) quadrangle topographic maps prepared by the United States Geologic <br /> Survey (USGS). <br /> Riparian buffers adjacent to surface waters that do not appear on either of the <br /> maps shall not be subject to this Ordinance. Riparian buffers adjacent to surface <br /> waters that appear on the maps shall be subject to this Ordinance unless one of the <br /> following applies. <br /> 1. Exemption when an on-site Determination shows that Surface Waters <br /> Are Not Present: When a landowner or other affected party believes that <br /> the maps have inaccurately depicted surface waters,he or she shall consult <br /> the County. Upon request,the County shall make on-site determinations. <br /> Any disputes over on-site determinations shall be referred to NCDENR- <br /> Division of Water Quality in writing: <br /> 2. Surface waters that appear on the maps shall not be subject to this <br /> Ordinance if an on-site determination shows that they fall into one of the <br /> following categories. <br /> a) Ditches and constructed conveyances other than modified <br /> natural streams unless constructed for navigation and/or boat <br /> access. <br /> b) Constructed ponds and lakes that are located outside natural <br /> 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 if did not exist previously. <br /> (2) An agricultural operation within the riparian buffer is <br /> 2 <br />
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