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HomeMy WebLinkAboutAgenda - 11-20-2006-c4ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: November 20, 2006 Action Agenda Item No, C.4 SUBJECT• Proposed Stream Buffer Zoning :Text Amendments DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes ATTACHMENT(S): 1. Proposed Ordinance changes with strike and delete highlights (pages A- 1 through A-14) 2. Graphic examples of existing regulations and proposed amendments. (pages B-1 through B-6) INFORMATION CONTACT: Name Phone Number Craig Benedict, Director 245-2592 Robert P Davis, Planner III 245-2580 Michael D. Harvey, Planner II 245-2607 Ren Ivies, Erosion Control 245-0758 PURPOSE: To consider staff initiated zoning text amendments to Section 6.23.7 through Section 6.24.1 Stream Buffers of the Orange County Zoning Ordinance. BACKGROUND: For the past few months, staff has. been reviewing the need to develop a comprehensive planting standard to require individuals to re-establish a required buffer in the event it has been disturbed. Staff has also been reviewing the need to. modify the types of uses allowed within protected stream buffers, along with appropriate mitigation standards, that are consistent with existing North Carolina Division of Water Quality (DWQ) standards.. REQUEST: Staff recommends amending the existing Stream Buffer regulations to address the following issues: 1. There is a lack of uniform, comprehensive, planting and mitigation standards for a property owner to adhere to in situations where they either illegally disturb the required stream buffer or propose to develop a parcel of property where required stream buffers do not exist and need to be re-established, 2. There is currently a lack of appropriate mitigation standards designed to offset or minimize the impact of encroachment into a required stream buffer, as currently permitted under Section 6.23.7 (b), 3. There is currently no flexibility within the Ordinance allowing for minor encroachment into the required stream buffer for noninvasive, passive, uses of property, and 4. There is currently no effective way to work with a property owner to address changes in the location and size of a stream buffer resulting in a change in the FEMA Flood maps.' CiCd.'ornpreheusir: C~I;~nuin; Dir;C~t;Nt':^4i~t: FnL•lir fla:arinf~s..N~;~ .':.0 QPIT'•l,rezx~u T4u12'er'Pi~xi. ~~u1t1C1.u:Ertcrir f'ublir. 7i~aring ~i},~~uact > N~~~ tlii.lJ~)C. The proposed amendments would accomplish the following: 1. Establish a comprehensive re-planting standard that would have to be followed to re- establish vegetation within a required stream buffer in cases where a property owner illegally disturbs a required stream buffer or in cases where vegetation has been removed from a parcel of property as the result of development, 2. Establish formal mitigation standards that would have to be followed by a property owner when developing allowable uses within a identified stream buffer or. in addressing changes within the size and location of the required stream buffer, as the result of a change in the FEMA Flood Maps, and Expand on the types of uses allowed within a regulated stream buffer to include such uses as: archaeological activities, drainage ditches, .water dependant accessory structures (i.e. decks, piers, etc.), accessory structures intended to allow property owners to enjoy scenic views of a water feature (i.e. gazebos), trails and walkways, and other. similar uses/activities consistent with current DWQ regulations. . FINANCIAL IMPACT: No County financial impact at this time with human resources being used from existing departmental staff. RECOMMENDATION: Administration recommends that the proposed Stream Buffer text amendments be referred to the Planning Board for a recommendation to. be returned to the County Board of Commissioners no sooner than February 6, 2007. C'f:`•;`;m~prelu:nsia;!'iannin} 1 ~i:~'t',1'i~lii~.2!siy;; i'ial9!c H~:~x~uiss Rru: 20 i;)PH`Strc,;~rriliufi~~r"Pcxt;ltti~Ii, CirarirrVy I''ixi~lic (ic. rimy A(~stnua Ni,r i}f~.[JCJI' Section 6.23.7 Amended 9/18/01 5/20/03 a) Definition See Article 22 Stream Buffer *Amended 1-17-95 b) Permitted Uses/Activities Within Identified Stream Buffers_ . . 9r-d+na~e: rmar~ r~r-i i~ Ta ~ , rrrr~r.T ~~m~Hr~rJ in ofronm hi iff©rc ~ ~ r~ornonrliri ilnr nc nn~cihlc~ Certain uses and activities within the stream buffer are classified as being either: 1. Allawable, or 2. Allowable with Mitigation per the requirements of this section, Uses and activities not listed within this section are categorically prohibited from development within an identified stream buffer as defined within Article twenty-two (22) Definitions of the Orange County Zoning Ordinance. 1 Develapment within a'reguired stream buffer -Allowable: Uses designated as Allawable are permitted within the required stream buffer as long as the proposed user meets the following conditions prior to land disturbing activity: 1. Provide the Plannin De artment with notification of the location and A- 3 4 nature of the use; and 2. Provide a written statement~that the use shall be designed, constructed, and maintained to minimize soil disturbance and to provide the maximum water quality protection practicable. While such uses are not required to engage in specific mitigation activities they are required to adhere to all general mitigation standards contained herein. 2 Development within a required stream buffer -.Allowable with Miti ag tion: Uses designated as Allowable with Mitigation may proceed within the required stream buffer provided that there are no practical alternatives to the requested use and the County pursuant to this section of the Ordinance, has approved an appropriate mitigation strategy. These uses shall require written authorization from the County in the form of a Zoning Compliance and Erosion Control approval prior to allow for the commencement of earth disturbing activity as well as issuance of a formal No Practical Alternatives certification by the Planning Department. 3. Determination of No Practical Alternatives. Persons who wish to undertake uses designated as Allowable with Mitigation shall submit a request for a No Practical Alternatives Certification to the Planning Department in conjunction with an Orange County Building and Erosion Control Permit Applications This request shall include the following information: a The name address and phone number of the applicant along with the Tax Map and Block (TMBL) as well as the Parcel Identification Number of the property; b The applicant shall submit a written description of the project outlining w_hy the proposed use/activityhas to be located within a required stream buffer area, c A map/site plan delineating the exact location of the proposed activity as well as the square footage of the proposed disturbance; d The applicant shall complete any and all Federal State, and County applications requesting permission to begin earth disturbing activities including but not necessarily limited to the following: Building, Zoning, uo~lth Frncinn (':nntrnl rlivi~inn of Water CJuality 401-404 Permits. and US Army Corp of Engineers; e An explanation of why this plan for the activity cannot be practically accomplished reduced or reconfigured to better minimize disturbance to the Gtr~?am huller. areserve aauatic .life and habitat and protect water A- 4 guality; and f_ The submission of a formal Mitigation Plan completed in accordance with the provisions of this Ordinance. The request shall be reviewed to determine compliance with applicable zoning, erosion control and water quality regulations All requests shall be reviewed and either approved or denied within forty-five (45) days of receipt of a complete submission based on the criteria outlined above. Failure to issue an approval or denial within forty-five (45) days shall constitute denial by County staff of the No Practical Alternatives Certificate. The Planning Department may attach additional conditions to the No Practical Alternatives Certificate that support the purpose spirit and intent of the stream buffer protection program. 4. Issuance of a No Practical Alternative Certificate: Once the Planninq_and Erosion Control departments review the ehtire project, a determination of No Practical Alternatives shall be made. In order to issue a No Practical Alternative Certificate the following findings are required to be affirmed by Planning staff: 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 intensity, reconfigured or redesigned to better minimize disturbance preserve aquatic life and habitat and protect water quality; and c The proposed mitigation methods are appropriate to offset any negative impact to the required stream buffer and the proposed development. will not adversely impact water .quality harm aquatic life and habitat, and represents the minimal disturbance necessary to allow for the development of the proposed use/activity. 5 Recording of No Practical Alternative Certificate: The No Practical Alternatives Certificate shall be in the form of an easement, deed or other suitable form of encumbrance signed by all parties and reviewed by the Orange County Attorney .far consistency and appropriateness. This agreement shall be recorded in the Register of Deeds office for Orange (:minty within tPn (1(ll days from being issued and shall regulate any and all A- 5 future stream buffer activity on the property The recording of this Certificate shall include an approved copy of the Mitigation Plan outlining the approved location and method for reinstalling required vegetation. The new vegetation planted in accordance with the approved Mitigation Plan, shall constitute an expansion and relocation of the required Orange County stream buffer and shall be considered part of the required stream buffer area upon installation. This information shall be delineated on the Mitigation Plan and within the No Practical Alternatives Certificate recorded at the Orange County Register of Deeds and shall be considered a regulated stream buffer area per the requirements of this Ordinance. 6. Mitigation - In General: of a For the purpose of these regulations perpendicular crossings are defined as those crossings that intersect the surface water at an angle between 75° and 105°, b No matter the classification of the proposed activity all uses/activities shall observe a twenty-five (25) foot setback from the top of the banks of the stream or water feature. This setback area shall remain in a natural vegetative state, c Pathways or walkways constructed out of wood or other similar material shall be no wider than six (6) feet and shall be reviewed as an Allowable with Mitigation uselactivity in accordance with the provisions of this Section. d With respect to the installation of above and below ground utility lines, well systems and supply lines the installation of public sewage and water lines or the installation of water lines serving a community water system all such lines shall be installed by a vibratory plow or trenching method directional drilling or other similar method as proved by Orange County Erosion Control and the State Division of Water Quality (DWQ) The trench shall be backfilled with the excavated soil material and stabilized with vegetation immediately following the installation of the utility line, e Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time in which areas remain in a disturbed state All vegetation shall be cleared by hand. No land rug bbinq or gradinq shall be allowed within the stream buffer f_ Limited gradinq within the stream buffer may be allowed to re-establish sheet flow to address stormwater issues subject to review and approval of the proposal by Orange County Erosion Control and the State Division of Water Quality, A- 6 g Vegetative root systems shall. be left intact to maintain the integrity of the soil Stumps shall remain where trees are cut and shall not be removed, h No fertilizer shall be used within the stream buffer other than a one (1) time application to re-establish vegetation after approval from the Current Planning and Erosion Control divisions of the Planning Department, i Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater through the buffer in a manner acceptable to the Erosion Control division, j With respect to the protection of wetlands mats shall be utilized to minimize soil disturbance, and k If a stream or water feature is subject to the Neuse Rules, any and all buffer impacts shall be in accordance with the requirements of this section as well as the Orange County stormwater Ordinance for lands within the Neuse River Basin originally adopted by the Orange County Board of Commissioners on March 9, 2001. ? Mitigation Plan -Required Gontents: In cases where a property owner applies for a No Practical Alternatives Certificate the following information is required for submission as part of the formal mitigation plan: a A scaled sifie plan of the property showin tq he following . 1 The boundary lines of the property, 2 The location of the stream buffer on the property as well as the delineation of the point from which the buffer was measured, 3. The location of all other relevant environmental features on .the property (i e wetlands etc.) including topographic information using contours no greater than five (5) feet, 4 The location of the proposed disturbed area including the proposed equipment access route, and 5 The square footage of the entire proposed disturbed area in the buffer including the proposed equipment access route and all areas of the buffer where the natural ground cover or vegetation has been graded removed, or altered. b The species size and total number of proposed trees, bushes, or other similar vegetation regardless of size that will be removed from the stream buffer; c A signed statement prepared by a licensed environmental consultant or biologist indicating that the proposal will not adversely impact any or all identified species located on the property, d. A radin Ian. The site shall be raded in a manner to ensure diffuse A- 7 water flow through the required stream buffer; e A fertilizing and watering plan outlining maintenance of the new vegetation It should be remembered that the County only allows for a one (1) time application of fertilizer within the stream buffer in accordance with the requirements of this Ordinance. f A signed statement by the applicant indicating that he/she accepts responsibility for maintaining all replacement vegetation for a period of five (5) years from the date of installation. If any vegetation installed as part of an approved mitigation plan dies within the five (5) year period it shall be replaced in accordance with the No Practical Alternatives Certificate issued by the County; g The type and location of ground cover to be placed within the disturbed area (i.e. mulch, pine straw, etc.), h The location size and species of all proposed new trees or other similar vegetation that will be replanted as part of the mitigation proposal, and i The proposed planting schedule and deadline for completion of restoration activities Please note that all vegetation required to be replanted in accordance with an approved Mitigation Plan shall be installed no latter than six (6) months from the completion of earth disturbinq_activities. 8. Mitigation -Planting Location: The planting of new vegetation in accordance with ~ an approved Mitigation Plan shall be located within the buffer that is adjacent to the identified stream buffer as close to the paint of the approved land disturbance activity as practical. 9. Mitigation -Planting Standard: The planting standard for mitigation projects is as follows: a All disturbed area shall be stabilized in accordance with Orange County Erosion Control standards, b To replace any and all trees or other vegetation removed as part of this process the following standards shall apply: 1 Trees only: For every one thousand (1,000) square feet of disturbed area the applicant shall be required to install ten (10) trees at a minimum initial caliper of one inch (1 ") at diameter breast height The applicant shall install trees that are native to the area and that are consistent with the .provisions of Article Twelve (12) Landscaping of the Orange County Zoning Ordinance. 2 Trees in conjunction with shrubs or other similar vegetation: The ratio of trees to shrubs is as follows: One (1) tree equals five (5) A- 8 shrubs The applicant shall be required to install a minimum of eight (8) trees with the remaining required vegetation being comprised of shrubs or other similar vegetation. Shrubs are required to have a minimum planting height of three (3) feet and shall be able to achieve a height of six (6) feet within three (3) years of planting The applicant shall install shrubs and other similar vegetation that are native to the area 'and .that are consistent vJith the provisions of Article Twelve (12) Landscaping of the Orange County Zoning Ordinance. 10 Table ofi Allowable and Allowable with Mitigation Uses/Activities: Allowable: Allowable with Uses(Activities: Mitigation Functionally dependant structures that are water dependant such as docks piers, public and private _X boat ramps. boat houses over the water, walkways. Functionally dependant structures that are non habitable and are intended to allow a property X owner to eniov the scenic views of a water body Archaeological activities/projects being conducted in accordance with all applicable County. State, and X Federal reaulations Dam/reservoir maintenance activities X Drainage ditches roadside ditches and stormwater~outfalls afi the edge of the identified protected stream/riparian buffer as follows: ~ Maintenance of existing outfalls provided that they -are managed to minimize the ~. sediment nutrients .and other pollution that X convey to waterbodies 2 New drainage outfalls provided that a stormwater management facility is installed to control nitrogen and attenuate flow before the conveyance discharaes into the riparian ~ X Allowable: Allowable with Uses/Activities: Mitigation: A- 9 10 Allowable: Allowable with UseslActivities: Mitigation: Drainage of a pond in a natural drainage way provided that a new riparian buffer that meets all X applicable Orange Count requirements iricluding the Orange County Stormwater and Zoning Ordinance The drainaae of the pond shall be re- established along the new channel. Note• New drainage outfalls that do not provide control for nitrogen before discharging through the riparian buffer or the proposed excavation of the streambed in order to bring it to the same elevation as the invert of a ditch are strictly prohibited Note• The allowance and permitted maintenance of outfalls does not include the piping or elimination of a stream for any purpose Driveway crossings of streams and other surface waters as follows: 1 Driveway crassings on single family residential lots that disturb less than, or equal ' to twenty-five (25) linear feet or twenty-five X hundred (2 500) square feet of riparian buffer 2 Driveway crossings on single family residential lots that disturbs less than, or equal to one hundred fifty (150) linear feet X or one-third (113) of an acre of riparian buffer Driveway/road crossings of streams and other surface waters within subdivisions as 1 In a subdivision that cumulatively disturbs less than or equal to one hundred fifty (150) X linear feet or one-third (1/3) of an acre of riparian buffer 2 In a subdivision that cumulatively disturbs greater than one hundred fift~(150) linear X feet or one-third (1/3) of an acre of riparian buffer Note• Any driveway or roadway whether for a single-family residence or a subdivision road that are parallel to the stream or water body shall be treated as Allowable with Mitigation regardless of the cumulative impact. A- 10 11 Uses/Activities: Allowable: Allowable with Mitigation: Greenways and/or hiking trails six (6) feet with width X composed of natural materials at least thirty (30) feet from the top of bank of a stream or water body. _Greenways and/ar hiking trails six (6) feet in width, X ' with improved paths (i e woad decking etc) at least thirty (30) feet from the top of bank of a stream or water body. Historic preservation projects/activities being conducted in accordance with the provisions of all X applicable County State and Federal regulations Natural Streams: Periodic maintenance of modified natural streams such as canals and a grassed travel X waY on one side of the surface water when alternative forms of maintenance access are not practical. Public water and sewer lines located in conjunction 'with the provisions and requirements of the Orange County Water and Sewer.Policy that are located within stream buffers only to the extent necessary and provided than they enter and exit the buffer area as nearly perpendicular as possible and in accordance with the following provisions: 1 Public water and sewer lines that does not disturb over forty (40) linear feet of riparian X buffer 2 Public water and sewer lines that disturbs over forty (40} linear feet of riparian buffer. Under no circumstances may a utility line X reauire the disturbance of over one hundred fifty (150~liriear feet of riparian buffer Note Individual or community wastewater disposal systems are not permitted within . stream buffers. Streets Roads bridge approach slabs and right-of-ways~ Public and private streets, bridges and other similar travel ways Such uses may be located within stream buffers only_to the extent necessary and provided that they enter and exit the buffer area as nearly_perpendicular as possible and in accordance with the following provisions: A- 11 12 Uses/Activities: Allowable: Allowable with Mitigation: 1 Proposal would not disturb over forty (40) linear feet of riparian buffer. X 2 Proposal would disturb over forty (40) linear feet of riparian buffer. Under no X circumstances may a street or road require the disturbance of over one hundred fifty (150) linear feet of riparian buffer Temporary roads intended to allow access to a X property for development purposes. Railroad crossings and right-of-ways crossing of streams and ofher s urface waters as follows: 1 Railroad crossings that impact less than, or equal to forty (40) linear feet of riparian X buffer 2 Railroad crossings that impact more than forty (40) linear feet of riparian buffer. Under no circumstances may a railroad X crossing or railroad line require the disturbance of over one hundred fifty (150) linear feet of riparian buffer Scientific studies and stream aauging X Stormwater management ponds-excluding dry ponds as follows: 1 New stormwater management ponds provided that a riparian buffer that meets the requirements of the Orange County X Stormwater Ordinance and Zaning Ordinance and is established adjacent to the pond. 2 New stormwater management ponds where a riparian buffer that meets the X requirements of the Orange County Stormwater Ordinance and Zoning Ordinance and is NOT established adjacent to the pond A- 12 13 Uses/Activities: Allowable: Allowable with Mitigation: Stream restoration and/or stream bank stabilization X Utility lines above ground and buried for local distribution of electricity .telephone and cable television service accessory and appurtenant apparatus such as poles, guy wires transformers and switching boxes Such uses may be located within stream buffers only to the extent necessary and provided that they enter and exit the buffer area as nearly perpendicular as possible and subject to the followmg conditions: 1 Proposal would not disturb over forty (40) linear feet of riparian buffer. X , 2 Proposal would disturb over forty (40) linear feet of riparian buffer. Under ~ no ,circumstances ma rL the installation of a X utility line or any necessary accessory apparatus require the disturbance of over one hundred fifty (150} linear feet of riparian buffer Well systems and lines• individual and/or community well system distribution lines and s stems installed in accordance with the provisions of the Orange County Health Department Such uses may be located within stream buffers only to the extent necessary and provided that they enter and exit the buffer area as nearly perpendicular as possible and subject to the following conditions: 1 Proposal would not disturb over forty (40) linear feet of riparian buffer. X 2 Proposal would disturb over forty (40) linear feet of riparian buffer. Under no circumstances may the installation of a well X ~sfiem line require the disturbance of over one hundred fifty (150} linear feet of riparian buffer A- 13 14 Uses/Activities: I Allowable: I Allowable with Mitigation: Vegetation Management including but not limited to, the following: 1 EmergencLr fire control measures provided that topography is restored once the emergencyhas been abated, 2 Planting vegetation to enhance the riparian buffer, . 3 Pruning forest vegetation provided that the health and function of the forest vegetation X_ is not compromised and the pruning activity is conducted by hand, 4. Removal of individual trees which are in danger of causing damage to dwellings, other structures or human life provided that the activity is conducted by hand, and 5 Removal of poison ivy and other similar nuisance vegetation provided that the activitX is conducted by hand. Vegetation ~ Management proposing the installation of new vegetation with a proposed stream buffer as part of an approved mitigation plan where the X applicant is proposing to use a one (1) time application of fertilizer to allow for the re- establishment of vegetation. Vegetation management(replantinq in an effort to I I X protect existing structures Wetland restoration in accordance with all applicable County State and Federal regulations X Amended ~~ Land Disturbance and Planting or Replanting of Vegetation 5121 /97 1) Area within a stream buffer wl~isl~-~sthat are subject to serious erosion may be disturbed for the purpose of planting and maintaining erosion-resistant vegetative cover in accordance with A- 14 15 the provisions of subsection B of this Section. 2) Existing forested areas or any other healthy vegetation shall not be removed from a stream buffer, except where replaced with vegetation resulting in comparable stormwater runoff velocity and quantity one year after planting. 3) In cases where knew vegetation s!h;~ll-beis planted to capture non-source pollutants before they reach the perennial stream, as the result of a disturbance of the' required stream buffer in conflict with the requirements of this Section or when a parcel of property is being proposed for development and there are no required stream buffers surrounding streams or other water features, the replanting of vegetation shall adhere to the following standard: ~s The plantinq~lan must be approved by the Current Planning and Erosion Control Divisions of the Planning and Inspections Department and shall be developed such that the planting shall be in accordance with the mitigation requirements contained within Section B (9). Proposed trees and the installation of the new vegetation, shall further comply with the requirements of Article Twelve (12) Landscaping and Buffer Requirements of the Orange County Zoning Ordinance. A- 15 16 c) Existing Lots An existing lot, for the purpose of determining compliance with Article 6.23, is defined as a lot which was created prior to January 1, 1994, or a lot within the Cane Creek watershed which was created prior to October 19, 1999, with respect to the October 19, 1999, amendments related to the CANE-CA and CANE-PW districts, and non-conforming lots of record. Stream buffers as required by Article 6.23.7, and setbacks for septic systems as required by Article 6.23.8 may be reduced to .the extent necessary to allow development of the lot, provided that all of the following criteria are met: 1) The septic system is sized to serve no more than four bedrooms; and 2) The septic tank, drainfield and repair area (where required) can be accommodated on 20,000 square feet of area or less; and 3) The Orange County Planning Staff,. in consultation with Orange County Environmental Health and/or the Orange County Engineer has determined that encroachment of the structure into the stream buffer and/or encroachment, of the septic system or repair area into the stream buffer or reservoir setback is necessary in order to provide adequate area for septic disposal and repair while maintaining, required separations between wells, septic systems, structures and property lines; and 4) The Orange County Planning Staff, in consultation with Orange County Environmental Health and/or the Orange County Engineer, has determined that the relative locations of the well, septic system and structure maximize the amount of watershed protection that can be achieved while allowing development of the lot. Generally, an exception to setbacks for repair area is preferable to an exception for the initial septic system, and encroachment of structures or gravity septic systems into the setback is preferable to the installation of a septic. system pump. 5) The amount of encroachment into the stream or reservoir buffer is the minimum amount whin-h--that can be obtained while meeting the above criteria as well as the mitigation requirements outlined within subsection B of this Section.- A- 16 17 EXIST'II~TG C®Ul~TTY IaEGULATI®I~TS - S~' Ali~I ~UFFEI~S: Replacement of damaged/destroyed stream buffer: ® Existing standards requiring replacement of protected stream buffers in the event they are destroyed or removed are scattered throughout the existing text, ~ There is no true comprehensive standard within the existing Ordinance, ® There have been issues surrounding consistency due to the nebulous language of the current regulations. A graphic example of this problem is as follows: Required stream buffer area Disturbed Area -existing regulations do not provide a definitive, comprehensive, O ~ replanting procedure for staff <_ O 0 to utilize in addressing disturbance of protected 1 ` stream buffers t ~ O O ~~` r ~f O Developable area ~ O O O Existing vegetation 8-17 Replacement, of damaged/destroyed stream buffer: ® Proposed amendments would establish a comprehensive standard requiring a specific amount of vegetation to be replaced within a disturbed stream buffer, ® Proposed amendments centralize replanting requirements into one (1) section, eliminating confusion and conflicting regulations, ® Standard is consistent with State Division of Water Quality (DWQ) requirements to address disturbance of protected stream buffers, A graphic example of the proposed solution is as follows: O O O O ~ Required stream buffer area 0 ~t'airr l;cxl~ ~~~ O O 0 O Disturbed Area - replaced vegetation per proposed new regulations -ten (10) trees for every thousand (1,000) square feet of disturbance. Developable area Existing vegetation B-18 19 EXI~TIl®TG C®IJI~TTY I2EGiTLATI®leTS - ST ~M ~UFFEI~S: 1VIitigation/repair of stream buffers (parallel disturbance): ® Existing regulations allow for some development .within protected stream buffers, specifically driveways, roads, and utility lines. ® There are currently no standards" to mitigate the disturbance of the stream buffer when these uses are installed, ® The existing regulations are too limited and do not address other passive uses that may be acceptable within stream buffers with the use of proper mitigation techniques consistent with DWQ guidelines. A graphic example of this problem is as follows: , ~ ~ O 0 O Required stream buffer area , ', ~° OO0 O O 0 O Water' O o 0 Body Disturbed Area -under current O O O rules there are no guidelines regulating this disturbance to f O O avoid unnecessary destruction of the vegetation within the a O O O area. s ~ r ~ ~ { ) t ~ , r ` k ~ ~~ O O 0 ~s ~ ~ ~ i i ~ T ~~ ~'~ ~ ~ ~ Developable area ~ ~ ~, ~~ +r'^~ti :~ a } y Y r ' ~ 0 0 0 ~ s ~ t i ' t ~ ' 7 y ~ 5 Ear 7{ ~ , ` i~„ ~y~ ~t ~,c .y E~ J tt r .1F F~ ~~f k L . ,~ 0 O ~3 ~h ~ O ~ 4r~~ ~~r'~~~ ~ s~> ~' O O Existing vegetation i ~ ~ ~? 1~ r .~ 4 v .. 5 R~~ B-19 20 I'I~®1'®SEI) Al~El~TI)li~IEI~tTS - ST A ~IJFI'ERS: liilitigati®n/repair of strearn~ buffers (parallel disturbance): ® Proposed amendments would establish basic minimum requirements outlining how disturbance is to be accomplished to ensure the protection of the buffer area, ® Proposed amendments establish specific mitigation requirements for stabilization of disturbed area, ® Proposal expands on the number of uses allowed within a stream buffer to be consistent with DWQ requirements. The proposal establishes a table of uses, some of which will require mandatory replanting of new vegetation to re-.establish the required buffer, A graphic example of the proposed solution is as follows: 0 00 000 0 000 000 O 0 O O O O O 0 O 00 00 00 00 0 00~ 000 goo ~ooo~ Required stream buffer area Disturbed Area.- new vegetation is required to be planted under the ~~ proposed new ordinance to offset 0 the removal of vegetation from the g buffer.. 8 Under this proposal, staff also O recommends that documentation be O recorded at the Register of Deeds expanding the recognized stream buffer on the property so that it can ~O be protected in perpetuity Develo able area p .Existing vegetation B-20 21 EXIS~'II~TG C®UI~T~'Y I~GUI~A.TI®1®TS - STI~AlVI ~UFFEI~S: li~Iitigation/repair.. of stream buffers (perpendicular disturbance): ® Current regulations encourage perpendicular disturbance of a stream buffer for roads and driveways, ® There are currently no standards to mitigate the disturbance of .the stream buffer when these uses are installed, ® Many of the uses we allow now, with no mitigation, DWQ requires mitigation under existing Neuse River Basin regulations. A graphic example of this problem is as follows: O O `Vater O 0 ~ Required stream buffer area O Body O O ,.. ~~ O o 0 ~~ ~ 0 o ~ ~a ~ rt ~~ O Disturbed Area -current ~, (~ 0 regulations do not require ;; ~,_. __~ ~•J replanting of disturbed area, -.~~=~:~. 4 _ does not define.what is -: ` 'considered perpendicular, and i ~ ~ _ t ' O does not require developer to 0 , ~ ~ ~ ~ 0 follow any standards to avoid O - ` O unnecessary disturbance of the ' _ stream buffer O O u , _ ~ (~ `~ J O O ~ -, a , ` ' 0 v: ~ 3 s Developable area ~ .. ~~~ ~ ~, 0 , . 7 1 y y r es i5 ~ , ~~ ~~, ~, > a ~ ~ 1~ O > , r ,r~ s ;' ~ `_ ~ ~ E r ~s ` S ~ O O ~ Existing vegetation 00 it l~ 1 i~~~ t `~1 J• O 00 ! ~ tJ B-21 ® Proposed amendments define what is considered perpendicular development, ® Proposed amendments establish specific mitigation requirements for stabilization of disturbed area, ® Proposal expands on the number of uses allowed within a stream buffer to be consistent with DWQ requirements. The proposal establishes a table of uses, some of which will require mandatory replanting of new vegetation to re-establish the required buffer, A graphic example of the proposed solution is as follows: r~ 0 0 0 C) ~, 0 ~' i; ~ 0 `UG GS ~tter Body Developable area Existing vegetation O ~ llisturbed Area - new ~O vegetation is required to be 0 planted under the proposed 0 O new ordinance to offset the O removal of vegetation from ,~(~) the buffer B-22