Orange County NC Website
oos <br />minute) quadrangle topographic maps prepared by the United States Geologic <br />Survey (IJSGS). <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 appeaz 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 anon-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 aze 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 Zane <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 it did not exist previously. <br />(2) An agricultural operation within the riparian buffer is <br />2 <br />