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ORD-2000-129 Orange County Neuse River Basin Stormwater Management Ordinance
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ORD-2000-129 Orange County Neuse River Basin Stormwater Management Ordinance
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Last modified
3/6/2015 3:15:17 PM
Creation date
3/26/2013 11:41:11 AM
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BOCC
Date
8/15/2000
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
8m
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Agenda - 08-15-2000-8m
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\Board of County Commissioners\BOCC Agendas\2000's\2000\Agenda - 08-15-2000
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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 now <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) Imperviou&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 I shall consist of a vegetated area that is undisturbed except for <br /> uses provided for in the Table of Uses,Appendix 1. The location of Zone <br /> 1 shall be as follows: <br /> a) For intermittent and perennial streams,Zone I 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 I 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 /> of Uses, Section 4. Grading and revegetation is allowed provided <br /> 7 <br />
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