ORD-2000-129 Orange County Neuse River Basin Stormwater Management Ordinance

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j i I I A. Requirements for Categories of Uses Uses designated as exempt, allowable,allowable with mitigation and prohibited�n Section 4 Table of Uses shall have the following requirements: 1. Exempt: Uses designated as exempt are allowed within the riparian buffer as long as the proposed user meets the following conditions prior to commencing the exempt use: a) Provide the Planning Director or Designee notification of the location and nature of the exempt use; b) Provide a written statement that the exempt use shall be designed,constructed and maintained to minimize soil disturbance and to provide the maximum water quality protection practicable. In addition,exempt uses shall meet requirements listed in Section 4 Table of Uses for the specific use. 2. Allowable: Uses designated.as allowable may proceed within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to Section 4.B. These uses require written authorization from the j County. 3. Allowable with Mitigation: Uses designated as allowable with mitigation may proceed within the riparian buffer provided that there are no practical alternatives to the requested use pursuant to Section 4.13 and an appropriate mitigation strategy has been approved pursuant to Section 4.E. These uses require written authorization from the County. 4. Prohibited: Uses designated as prohibited may not proceed within the riparian buffer unless a variance is granted pursuant to Section 4.D. Mitigation may be required as one condition of a variance approval. B. Determination of"NO PRACTICAL ALTERNATIVES." Persons who wish to undertake uses designated as allowable or allowable with mitigation shall submit a request for a"No Practical Alternatives"determination to the County. The applicant shall certify that the criteria identified in Section 4.13 are met. The County call grant an Authorization Certificate upon a"No Practical Alternatives"determination. e procedure for making an Authorization Certificate shall be as follows: 1. For any request for an Authorization Certificate,the County shall review he entire project and make a finding of fact as to whether the following requirements have been met in support of a"No Practical Alternatives"determination: a) The basic project purpose cannot be practically accomplished in a manner that would better minimize disturbance,preserve aquatic life and habitat, and protect water quality. b) The use cannot practically be reduced in size or density,reconfigured or redesigned to better minimize disturbance,preserve aquatic life and habitat, and protect water quality. c) Best management practices will be used if necessary to minimize disturbance,preserve aquatic life and habitat, and protect water quality, 18,