§ 26-126. General standards.

(a)

All development or redevelopment to which this article applies shall comply with the standards of this section.

(b)

A 50-foot-wide undisturbed vegetative buffer for new development activities and a 30-foot-wide undisturbed vegetative buffer for redevelopment activities is required. The width of a buffer is measured horizontally from the normal pool elevation of impounded structures, from the top of bank for each side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the shoreline. The town may, on a case-by-case basis, grant a minor variance from the vegetative buffer requirements of this section pursuant to the procedures set out in 15A NCAC 02B .0233(9)(b). Vegetative buffers and filters required by this section and any other buffers or filters required by state water quality or coastal management rules or local government requirements may be met concurrently and may contain, in whole or in part, coastal, isolated, or 404 jurisdictional wetlands that are located landward of the normal waterline.

(1)

Approved stormwater control best management practices (BMPs), or stormwater control structures, with the exception of wet detention ponds are allowed in the buffer and the area required to construct the practices may be disturbed.

(2)

Walking trails, picnic areas, benches, and water dependent structures, including, but not limited to, boat docks, boat ramps, and bulkheads, are allowed in the buffer and the area required to construct the practices may be disturbed provided that they have received all applicable federal, state, and local permits and approvals.

(3)

Development in urban waterfronts that meet the requirements of 15A NCAC 07H .0209(g), development in new urban waterfront areas that meet the requirements of session law 2004-117, those activities listed in 15A NCAC 07H .0209(d)(10)(A)—15A NCAC 07H .0209(d)(10)(H), and development of upland marinas that have received a Coastal Area Management Act major permit are allowed in the buffer and the area required to construct the practices may be disturbed.

(4)

Buffer management and maintenance. The buffer, including wetlands and floodplains, shall be managed to enhance and maximize the unique value of these resources. Management and maintenance includes specific limitations on alteration of the natural conditions of these resources. Any substantial vegetation that is removed must be replaced accordingly. The following management and maintenance practices and activities are permitted within the buffer area:

a.

General pruning of trees.

b.

Removal and replacement of dead or diseased plant materials, and clearing nuisance of underbrush.

c.

The application of pesticides by appropriate professionals for the spraying of noxious weeds or non-native species as listed by the state department of agriculture and consumer services.

d.

Stream restoration projects, facilities and activities approved by federal, state, or local agencies.

e.

Individual trees within the forest buffer may be removed which are in immediate danger of falling and causing damage to dwellings, other structures, or causing blockage of the stream.

f.

Other timber cutting techniques approved by the agency may be undertaken within the forest buffer under the advice and guidance of the state division of forest resources, state cooperative extension service, or the United States Department of Agriculture, if necessary to preserve the forest from extensive pest infestation, disease infestation, or threat from fire.

g.

Repairing erosion problems internal to the buffer.

h.

Removal of debris after a storm event.

(c)

For the purposes of this section, areas defined as coastal wetlands under 15A NCAC 07H .0205, as measured landward from the normal high waterline, shall not be included in the overall project area to calculate impervious surface density. Wetlands that are not regulated as coastal wetlands pursuant to 15A NCAC 07H .0205 and that are located landward of the normal high waterline may be included in the overall project area to calculate impervious surface density.

(Code 2003, § 32-36; Ord. No. 09-05, 3-19-2009)