Orange County NC Website
Browse       Search
General Assembly of North Carolina Session 2015 <br />1 requirements by means of. a zoning district, subdivision or development regulation, <br />2 comprehensive plan, policy, resolution, or any other act carrying the effect of law. The width of <br />3 the restricted area and the body of water to which the restrictions apply shall not deviate from <br />4 State requirements unless the deviation has been approved under subsection (b1) of this section. <br />5 For purposes of this subsection, the terms "riparian areas" and "riparian buffer areas" shall have <br />6 the same meaning. <br />7 e4 Exception. — Neither the restrictions in subsection (e3) of this section nor the <br />8 riparian buffer deviation approval procedures of subsection (bl) of this section shall apply to <br />9 any local ordinance initially adopted prior to July 22, 1997, and any subsequent modifications <br />10 that have the followiniz characteristics: <br />11 (1) The ordinance includes findings that the setbacks from surface water bodies <br />12 are imposed for purposes that include the protection of aesthetics, fish and <br />13 wildlife habitat and recreational use by maintaining water temperature, <br />14 healthy tree canopy and understory, and the protection of the natural <br />15 shoreline through minimization of erosion and potential chemical pollution <br />16 in addition to the protection of water quality and the prevention of excess <br />17 nutrient runoff. <br />18 The ordinance includes provisions to permit under certain circumstances (i) <br />19 small or temporary structures within 50 feet of the water body and (ii) docks <br />20 and piers within and along the he edge of the water bodes <br />21 e5 Definition. — For purposes of this section, "development- related regulatory <br />22 requirements based on property size" means requirements that forbid or require particular uses, <br />23 activities, or practices for some percentage of the area of a lot or for lots above or below a <br />24 particular size, including, but not limited to, perimeter buffers, maximum residential density, <br />25 tree conservation ordinances, minimum lot size requirements, or nonresidential floor area ratio <br />26 requirements. <br />27 (f) Rules. — The Commission may adopt rules to implement this section." <br />28 SECTION 3.3.(b) Part 1 of Article 21 of Chapter 143 of the General Statutes is <br />29 amended by adding two new sections to read: <br />30 143 - 214.18. Exemption to riparian buffer requirements for certain private properties. <br />31 (a) Definition. — For purposes of this section, "aplicable buffer rule" refers to any of <br />32 the following rules that are applicable to a tract of land: <br />33 (1) Neuse River Basin. — 15A NCAC 02B .0233, effective August 1, 2000. <br />34 Tar - Pamlico River Basin. — 15A NCAC 02B .0259, effective August 1, <br />35 2000. <br />36 Randleman Lake Water Supply Watershed. — 15A NCAC 02B .0250, <br />37 effective June 1, 2010. <br />38 Catawba River Basin. — 15A NCAC 02B .0243, effective August 1, 2004. <br />39 (55,) Jordan Water Suply Nutrient Strategy. — 15A NCAC 02B .0268, effective <br />40 September 1, 2011. <br />41 (66,) Goose Creek Watershed of the Yadkin Pee -Dee River Basin. — 15A NCAC <br />42 02B .0605 and 02B .0607. effective February 1. 2009. <br />43 (b) Exemption. — Absent a requirement of federal law or an imminent threat to public <br />44 health or safety, an applicable buffer rule shall not apply to any tract of land that meets all of <br />45 the following criteria: <br />46 With the exception set forth in subsection (c) of this section, the tract was <br />47 platted and recorded in the register of deeds in the county where the tract is <br />48 located prior to the effective date of the applicable buffer rule. <br />49 (2) Other than the aplicable buffer rule, the use of the tract complies with either <br />50 of the following: <br />H760 [Edition 1 ] Page 7 <br />