14.6.5 Activities Prohibited and Permitted in Urban Transition Buffers

      (A)   Any activity which disturbs the soil or vegetation within any Urban Transition Buffer is prohibited unless expressly permitted by this Section 14.6.5 and Table 14.6-2. Table 14.6-2 describes the uses permitted in each UTB established by this Section 14.6.5.

      (B)   Uses designated as exempt, allowable, allowable with mitigation and prohibited shall have the following requirements:

         (1)   EXEMPT

            Uses designated as exempt are allowed within the Urban Transition Buffer provided that they adhere to the limitations of the activity as defined in subsection 14.6.5(A) and Table 14.6-2 below. Exempt uses shall be designed, constructed, and maintained to minimize soil disturbance and to provide the maximum water quality protection practicable including construction, monitoring, and maintenance activities.

         (2)   ALLOWABLE

            Uses designated as allowable may proceed within the Urban Transition Buffer provided that there are no practical alternatives to the requested use as determined pursuant to Section 14.6.9. This includes construction, monitoring, and maintenance activities. These uses require written authorization from Cary.

         (3)   ALLOWABLE WITH MITIGATION

            Uses designated as allowable with mitigation may proceed within the Urban Transition Buffer provided that there are no practical alternatives to the requested use as determined pursuant to Section 14.6.9 and mitigation approval has been obtained pursuant to Section 14.6.12. These uses require written authorization from Cary.

         (4)   PROHIBITED

            Uses designated as prohibited or not designated as exempt, allowable, or allowable with mitigation, may not proceed within the Urban Transition Buffer unless a variance is granted pursuant to this Section 14.6.

TABLE 14.6-2 CARY GENERAL AND SPECIALIZED UTBs
Activity	Exempt	Allowable	Allowable with Mitigation	Prohibited
Access Trails: Pedestrian access trails leading to the surface water, docks, fishing piers, boat ramps and other water dependent activities
Pedestrian Access trails that are restricted to the minimum width practicable and do not exceed four (4) feet in width of buffer disturbance, and provided that installation and use does not result in the removal of trees as defined in this Ordinance and no impervious surface is added to the UTB	X
Pedestrian Access trails that exceed four (4) feet in width of buffer disturbance, the installation or use results in the removal of trees as defined in this Ordinance or impervious surface is added to the UTB		X
Airport facilities:
Airport facilities that impact equal to or less than one hundred and fifty (150) linear feet of UTB		X
Airport facilities that impact greater than one hundred and fifty (150) linear feet of UTB			X
Activities necessary to comply with FAA requirements (e.g. radar uses or landing strips)1		X
Archaeological activities	X
Bridges		X
Canoe Access provided that installation and use does not result in the removal of trees as defined in this Ordinance and no impervious surface is added to the UTB	X
Dam Maintenance activities:
Dam maintenance activities that do not cause additional buffer disturbance beyond the footprint of the existing dam or those covered under the U.S. Army Corps of Engineers Nationwide Permit No. 3	X
Dam maintenance activities that do cause additional buffer disturbance beyond the footprint of the existing dam or those covered under the U.S. Army Corps of Engineers Nationwide Permit No. 3		X
Drainage ditches, roadside ditches, and stormwater conveyances through buffers:
New stormwater flows to existing drainage ditches, roadside ditches, and stormwater outfalls provided that flows do not alter or result in the need to alter the conveyance and are managed to minimize the sediment, nutrients and other pollution that convey to waterbodies	X
Realignment of existing roadside drainage ditches retaining the design dimensions, provided that no additional travel lanes are added, and the minimum required roadway typical section is used based on traffic and safety considerations		X
New or altered drainage ditches, roadside ditches and stormwater outfalls provided that a stormwater management facility is installed to control nitrogen and attenuate flow before the conveyance discharges through the buffer		X
New drainage ditches, roadside ditches and stormwater conveyances applicable to linear projects that do not provide stormwater management facility due to topography constraints provided that other practicable BMPs are employed.			X
New drainage ditches, roadside ditches and stormwater outfalls that do not provide control for nitrogen before discharging into the UTB				X
Excavation of the streambed in order to bring it to the same elevation as the invert of a ditch				X
Driveway crossings of streams and other surface waters subject to this Ordinance:
Driveway crossings on single-unit residential lots that disturb equal to or less than twenty-five (25) linear feet of UTB	X
Driveway crossings on single-unit residential lots that disturb greater than twenty-five (25) linear feet of UTB		X
In a subdivision that cumulatively disturb equal to or less than one hundred and fifty (150) linear feet of UTB		X
In a subdivision that cumulatively disturb greater than one hundred and fifty (150) linear feet of UTB			X
Fences provided that disturbance is minimized, and installation does not result in removal of forest vegetation	X
Fences provided that disturbance is minimized, and installation does result in removal of trees as defined in this Ordinance		X
Forest harvesting [refer to 15A NCAC 02B.0233 (11) and 15A NCAC 02B .0267(14)]
Fertilizer application:
One-time fertilizer application to establish re-planted vegetation	X
Ongoing fertilizer application				X
Grading and revegetation in Zone 2 and 3 only provided that diffuse flow and the health of existing vegetation in Zone 1 is not compromised and disturbed areas are stabilized		X
Greenway/hiking trails designed, constructed and maintained to maximize nutrient removal and erosion protection, minimize adverse effects on aquatic life and habitat and protect water quality to the maximum extent practical		X
Historic preservation	X
Landfills as defined by G.S. 130A-290	X
Maintenance Access on modified natural streams: a grassed travel way on one side of the water body when less impacting alternatives are not practical. The width and specifications of the travel way shall be only that needed for equipment access and operation. The travel way shall be located to maximize stream shading.		X
Mining activities:
Mining activities that are covered by the Mining Act provided that new UTBs that meet the requirements of 14.6.2(C)(1) of this Ordinance are established adjacent to the relocated channels		X
Mining activities that are not covered by the Mining Act OR where new UTBs that meet the requirements of 14.6.2(C)(1) of this Ordinance are not established adjacent to the relocated channels			X
Wastewater or mining dewatering wells with approved NPDES permit	X
Non-electric utility lines:
Impacts other than perpendicular crossings in Zones 2 and 3 only[3]	X
Impacts other than perpendicular crossings in Zone 1[3]			X
Non-electric utility line perpendicular crossing of streams and other surface waters subject to this Ordinance:[3]
Perpendicular crossings that disturb equal to or less than forty (40) linear feet of UTB with a maintenance corridor equal to or less than ten (10) feet in width	X
Perpendicular crossings that disturb equal to or less than forty (40) linear feet of UTB with a maintenance corridor greater than ten (10) feet in width		X
Perpendicular crossings that disturb greater than forty (40) linear feet but equal to or less than one hundred and fifty (150) linear feet of UTB with a maintenance corridor equal to or less than ten (10) feet in width		X
Perpendicular crossings that disturb greater than forty (40) linear feet but equal to or less than one hundred and fifty (150) linear feet of UTB with a maintenance corridor greater than ten (10) feet in width		X
Perpendicular crossings that disturb greater than one hundred and fifty (150) linear feet of UTB			X
On-site sanitary sewage systems - new ones that use ground absorption				X
Overhead electric utility lines:
Impacts other than perpendicular crossings in Zones 2 and 3 only[3]		X
Impacts other than perpendicular crossings in Zone 1[1,2,3]			X
Overhead electric utility line perpendicular crossings of streams and other surface waters subject to this Ordinance [3]
Perpendicular crossings that disturb equal to or less than one hundred and fifty (150) linear feet of UTB[1, 3]	X
Perpendicular crossings that disturb greater than one hundred and fifty (150) linear feet of UTB[1,2, 3]		X
Periodic maintenance of modified natural streams such as canals and a grassed travel way on one (1) side of the surface water when alternative forms of maintenance access are not practical		X
Piping of a stream under a permit issued by the US Army Corps of Engineers		X
Playground equipment:
Playground equipment on single-unit residential lots provided that installation and use does not result in removal of vegetation	X
Playground equipment installed on lands other than single-unit residential lots or that requires removal of vegetation		X
Ponds created by impounding streams and not used as Stormwater Control Measures (SCM):
New ponds provided that an UTB that meets the requirements of Section 14.6.2(C)(1) of this Ordinance is established adjacent to the pond		X
New ponds where an UTB that meets the requirements of Section 14.6.2(C)(1) of this Ordinance is NOT established adjacent to the pond			X
Ponds: Drainage of a pond in a natural drainage way provided that a new riparian buffer that meets the requirements of 14.6.2(A)(1), 14.6.2(C)(1)(c), 14.6.2(B), 14.6.2(C)(1), 14.6.5, 14.6.8, and Table 14.6-2 of this rule is established adjacent to the new channel	X
Protection of existing structures, facilities and streambanks when this requires additional disturbance of the UTB or the stream channel		X
Railroad impacts other than crossings of streams and other surface waters subject to this Ordinance			X
Railroad crossings of streams and other surface waters subject to this Ordinance:
Railroad crossings that impact equal to or less than forty (40) linear feet of UTB	X
Railroad crossings that impact greater than forty (40) linear feet but equal to or less than one hundred and fifty (150) feet of UTB		X
Railroad crossings that impact greater than one hundred and fifty (150) linear feet of UTB			X
Recreational and accessory structures in the UTB				X
Removal of previous fill or debris provided that diffuse flow is maintained, and any vegetation removed is restored	X
Road impacts other than crossings of streams and other surface waters subject to this Ordinance			X
Road crossings of streams and other surface waters subject to this Ordinance:
Road crossings that impact equal to or less than forty (40) linear feet of UTB	X
Road crossings that impact greater than forty (40) linear feet but equal to or less than one hundred and fifty (150) linear feet		X
Road crossings that impact greater than one hundred and fifty (150) linear feet			X
Road Relocation: Road relocation of existing private access roads associated with public road projects where necessary for public safety:
Relocations that are less than or equal to twenty-five (25) linear feet of UTB width		X
Relocations that are more than twenty-five (25) linear feet of UTB width			X
Scientific studies and stream gauging	X
Stormwater Control Measures:
Wet detention, bioretention and constructed wetlands in Zone Two and Three if diffuse flow of discharge is provided		X
Wet detention, bioretention and constructed wetlands in Zone One			X
Stream restoration		X
Streambank or shoreline stabilization		X
Temporary roads:
Temporary roads that disturb less than or equal to twenty-five (25) linear feet of UTB provided that vegetation is restored to preconstruction topographic and hydrologic conditions immediately after construction is complete and replanted immediately with comparable vegetation, except that tree planting may occur during the dormant season; at the end of five (5) years the restored UTB shall comply with the restoration criteria of Section 14.6.12 below	X
Temporary roads that disturb greater than twenty-five (25) linear feet of UTB provided that vegetation is restored to preconstruction topographic and hydrologic conditions immediately after construction is complete and replanted immediately with comparable vegetation, except that tree planting may occur during the dormant season; at the end of five (5) years the restored UTB shall comply with the restoration criteria of Section 14.6.12 below		X
Temporary roads used for culvert installation or bridge construction or replacement provided that restoration to preconstruction topographic and hydrologic conditions immediately after construction is complete and replanted immediately with comparable vegetation, except that tree planting may occur during the dormant season; at the end of five (5) years the restored UTB shall comply with the restoration criteria of Section 14.6.12 below		X
Temporary sediment and erosion control devices:
In Zone 2 and 3 only provided that the vegetation in Zone 1 is not compromised and that discharge is released as diffuse flow is restored to preconstruction topographic and hydrologic conditions immediately after construction is complete and replanted immediately with comparable vegetation, except that tree planting may occur during the dormant season; at the end of five (5) years the restored UTB shall comply with the restoration criteria of Section 14.6.12 below	X
In Zones 1, 2, and 3 to control impacts associated with uses approved by Cary or that have received a variance provided that sediment and erosion control for upland areas is addressed to maximum extent practical outside the UTB and restored to preconstruction topographic and hydrologic conditions immediately after construction is complete and replanted immediately with comparable vegetation, except that tree planting may occur during the dormant season; at the end of five (5) years the restored UTB shall comply with the restoration criteria of Section 14.6.12 below		X
In-stream temporary erosion and sediment control measures for work within a stream channel that is authorized under Sections 401 and 404 of the Federal Water Pollution Control Act	X
In-stream temporary erosion and sediment control measures for work within a stream channel		X
Underground electric utility lines:
Impacts other than perpendicular crossings in Zone 2 and Zone 3[3]	X
Impacts other than perpendicular crossings in Zone 1[3,4]	X
Underground electric utility line perpendicular crossings of streams and other surface waters subject to this Ordinance:[3]
Perpendicular crossings that disturb less than or equal to forty (40) linear feet of UTB[3,4]	X
Perpendicular crossings that disturb greater than forty (40) linear feet of UTB[3,4]		X
Vegetation management:
Emergency fire control measures provided that topography is restored	X
Periodic mowing and harvesting of plant products in Zone 2 and 3 only	X
Planting vegetation to enhance the UTB	X
Pruning forest vegetation provided that the health and function of the forest vegetation is not compromised	X
Removal of individual trees which are in danger of causing damage to dwellings, other structures or human life or are imminently endangering stability of the streambank	X
Removal of individual trees which are dead, diseased or damaged	X
Removal of poison ivy	X
Removal of invasive exotic vegetation as defined in: Smith, Cherri L. 1998. Exotic Plant Guidelines. Department of Environment and Natural Resources. Division of Parks and Recreation. Raleigh, NC. Guideline #30	X
Vehicular access roads leading to water-dependent structures as defined in 15A NCAC 02B .0202, provided they do not cross the surface water and have minimum practicable width not exceeding ten (10) feet and where installation and use result in disturbance of UTB		X
Water-dependent structures as defined in 15A NCAC 02B .0202 where the installation and use result in the disturbance of UTB		X
Water supply reservoirs:
New reservoirs provided that an UTB that meets the requirements of 14.6.2(C)(1) of this Ordinance is established adjacent to the reservoir		X
New reservoirs where an UTB that meets the requirements of 14.6.2(C)(1) of this Ordinance is NOT established adjacent to the reservoir			X
Wells on single-unit residential lots	X
All other wells		X
Wetland, stream and buffer restoration that results in impacts to the UTB
Wetland, stream and buffer restoration that requires Division approval for the use of a 401 Water Quality Certification	X
Wetland, stream and buffer restoration that does not require approval for the use of a 401 Water Quality Certification		X
Wildlife passage structures		X
Wooden slatted decks and associated steps in the UTB, provided the use meets the requirements of Sections 14.6.4 and 14.6.5 of this Ordinance
Deck at least eight (8) feet in height and no vegetation removed		X
Deck less than eight (8) feet in height or vegetation removed			X

 

[1] Provided that, in Zone 1, all of the following WQBMPs for overhead utility lines are used. If all of these WQBMPs are not used, then the overhead utility lines shall require a no practical alternatives evaluation by Cary (Cape Fear Basin/Jordan Watershed) or Division of Water Resources (Neuse River Basin).    A minimum zone of ten (10) feet wide immediately adjacent to the water body shall be managed such that only vegetation that poses a hazard or has the potential to grow tall enough to interfere with the line is removed.    Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.    Vegetation root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees are cut. Rip rap shall not be used unless it is necessary to stabilize a tower.    No fertilizer shall be used other than a one (1) time application to re-establish vegetation.    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.    Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater through the buffer.    In wetlands, mats shall be utilized to minimize soil disturbance.

[2] Provided that poles or towers shall not be installed within ten (10) feet of a water body unless Cary (Cape Fear Basin/Jordan Watershed) or Division of Water Resources (Neuse River Basin) completes a no practical alternatives evaluation.

[3] Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105 degrees.

[4] Provided that, in Zone 1, all of the following WQBMPs for underground utility lines are used. If all of these WQBMPs are not used then the underground utility line shall require a no practical alternatives evaluation by Cary (Cape Fear Basin/Jordan Watershed) or Division of Water Resources (Neuse River Basin).    Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.    Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in the trench, where trees are cut.    Underground cables shall be installed by vibratory plow or trenching.    The trench shall be backfilled with the excavated soil material immediately following cable installation. No fertilizer shall be used other than a one (1) time application to re-establish vegetation.    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.    Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater through the buffer.    In wetlands, mats shall be utilized to minimize soil disturbance.