WHEREAS, certain local governments located in the Neuse River Basin are required by the State of North Carolina to develop a stormwater program, including ordinances establishing minimum riparian buffers, for submittal to the Environmental Management Commission by September 9, 2000; and

WHEREAS, the Environmental Management Commission will review all ordinances between the submittal date and March 1, 2001, the effective date of ordinances; and

WHEREAS, the Town of Cary has considered a stormwater program and held a public hearing on June 8, 2000, to consider the ordinance amendments; and

WHEREAS, on June 19, 2000, the Cary Planning and Zoning Board unanimously recommended approval of the proposed ordinance amendments; and

WHEREAS, on July 27, 2000, the Cary Town Council considered and approved the proposed ordinance amendments, subject to approval by the EMC and directed that said ordinance amendments be forwarded it to the Environmental Management Commission for approval with the effective date being March 1, 2001; and

WHEREAS, the Cary Town Council at the July 27, 2000 meeting also determined that it was desirable to immediately implement certain riparian buffer requirements, contained in the ordinance, through adoption of this interim ordinance effective between August 10, 2000 and the effective date of the permanent ordinance.

NOW, THEREFORE, THE CARY TOWN COUNCIL ORDAINS:

Section 1. Chapter 14 of the Unified Development Ordinance is amended by adding a new part 6 to read as follows:

PART 6. PROTECTING RIPARIAN BUFFERS

14.6.1 Purpose and Applicability.

This part is intended to protect and preserve riparian buffers to maintain their nutrient removal functions in order to protect the water quality of the streams and lakes in Cary including protection of the Town’s drinking water supply. This article shall apply within the Town and in the Town’s extraterritorial jurisdiction area.

14.6.2 Establishment of Riparian Buffer All perennial and intermittent streams including lakes, ponds, and other bodies of water as indicated on the most recent version of the 1:24,000 scale (7.5 minutes) quadrangle topographic maps prepared by the United States Geological Survey (USGS) shall have a 100-foot wide riparian buffer directly adjacent to such surface waters, excluding wetlands. All other surface waters as indicated by the most recent version of the Soil Survey of Wake County, North Carolina shall have a 50 foot-wide riparian buffer adjacent to such waters. In the Neuse River Basin, where obvious conflicts between actual field conditions and USGS and Wake county Soil Survey maps exist, appeals may be made to the North Carolina Division of Water Quality. All other appeals for obvious conflicts may be made to the Town Manager or his designee. Requests for variances to the 50 foot Neuse River riparian buffer are made to the Environmental Management Commisision. All other requests for variance to the riparian buffer may be made to the Town Council.

14.6.3 Delineation of Riparian Buffer Zones. There are hereby established three zones of the riparian buffer as follows where Zone 3 applies only to 100 foot riparian buffers:

(1) Zone 1 (30’ landward adjacent to streambank, severe development restrictions)

(2) Zone 2 (20’ landward adjacent to) zone 1, strict development restrictions)

(3) Zone 3 (50’ landward adjacent to zone 2, moderate development restrictions)

14.6.4 Activity within Riparian Buffer. Activity may take place within any riparian buffer zone including Zone 3 as defined by 15A NCAC 2B.0233. Within the Neuse Basin development activities in Zones 1 and 2 require Division of Water Quality (DWQ) approval as specified below. Allowable activities in the Cape Fear Basin do not require DWQ approval.

Development activity within Zone 1 and Zone 2 may take place within a riparian buffer provided that the developer provide the Town with at least one of the following:

(1) An authorization certificate that documents that the NC Division of Water Quality has approved an allowable use.

(2) An opinion from the NC Division of Water Quality that vested rights have been established for that activity.

(3) A letter from the NC Division of Water Quality documenting that a variance has been granted for the proposed activity.

14.6.5 Description of Riparian Buffers on Development Plans. Riparian buffers shall be shown on all approved site plans and subdivision plans (see sections 5.6.5 (a)(2) and 5.7.3 application requirements).

14.6.6 Exclusion of Riparian Buffer from Lots. No lots shall be platted into a riparian buffer as required by Chapter 14.1.4(m). The Town Council may allow riparian buffers to be included in lots only when all of the following conditions are met:

(1) The riparian buffer impacts a limited part of the subdivision (i.e., less than 10 lots);

(2) There is no reason, other than ownership of the riparian buffer, for the formation of a homeowners association (e.g., no covenant requirements, no other common areas, …)

(3) The riparian buffer is placed in a permanent conservation easement or by other legal instrument is dedicated to the Town (required documents must be provided prior to recording the plat for the impacted area).

14.6.7 Enforcement. Where vegetation in a riparian buffer is disturbed or damaged, replacement vegetation shall be installed in accordance with the provisions of Chapter 14.1.15 (c). The enforcement procedures and fines provided in Chapter 18 shall also apply.

14.6.8 Conflict or inconsistency. In the event there is conflict or inconsistency between this interim ordinance and other Town ordinances, the ordinance that is most stringent shall take precedence.

Section 2. This ordinance shall become effective upon adoption, and shall remain in effect until the permanent ordinance becomes effective.