(A) The riparian buffer, including wetlands and floodplains, shall be managed to enhance and maximize the unique value of these resources. Management includes specific limitations on alteration of the natural conditions of these resources. The following practices and activities are restricted within zone 1 of the riparian buffer, except with approval by Public Services Director:
(1) Clearing of existing vegetation;
(2) Soil disturbance by grading, stripping or other practices;
(3) Filling or dumping;
(4) Drainage by ditching, underdrains or other systems;
(5) Use, storage or application of pesticides, except for the spot spraying of noxious weeds or non-native species consistent with recommendations of the State Forestry Service;
(6) Housing, grazing or other maintenance of livestock; and
(7) Storage or operation of motorized vehicles, except for maintenance and emergency use approved by the Public Services Director.
(B) The following structures, practices and activities are permitted in the riparian buffer, with specific design or maintenance features, subject to the review of the Public Services Director:
(1) Crossings, bridges, paths and utilities:
(a) An analysis shall be conducted to ensure that no economically feasible alternative is available;
(b) The right-of-way shall be the minimum width needed to allow for maintenance access and installation;
(c) The angle of the crossing shall be perpendicular to the stream or buffer in order to minimize clearing requirements; and
(d) The minimum number of crossings should be used within each subdivision and no more than one crossing is allowed for every 500 feet of buffer.
(2) Stormwater management:
(a) An analysis shall be conducted to ensure that no economically feasible alternative is available and that the project is either necessary for flood control or significantly improves the water quality or habitat in the stream;
(b) In new developments, on-site and structural alternatives will be preferred over larger facilities within the stream buffer;
(c) When constructing stormwater management facilities (i.e., BMPs), the area cleared will be limited to the area required for construction, and adequate maintenance access, as outlined in the most recent edition of North Carolina State Standard Manual; and
(d) Material dredged or otherwise removed from a BMP shall be stored outside the buffer.
(3) Stream restoration projects, facilities and activities approved by the State of North Carolina are permitted within the riparian buffer.
(4) Water quality monitoring and stream gauging are permitted within the riparian buffer, as approved by the State of North Carolina.
(5) Individual trees within the riparian buffer may be removed which are in danger of falling, causing damage to dwellings or other structures or causing blockage of the stream.
(6) Other timber-cutting techniques approved by the Public Services Director may be undertaken within the riparian buffer under the advice and guidance of State and/or Federal Forestry Agency, only if necessary to preserve the forest from extensive pest infestation, disease infestation or threat from fire.
(C) All plats prepared for recording and all right-of-way plats shall clearly:
(1) Show the extent of any riparian buffer on the subject property by metes and bounds;
(2) Label the riparian buffer;
(3) Provide a note to reference any riparian buffer stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the City of Roxboro's Public Services Director;" and
(4) Provide a note to reference any protective covenants governing all riparian buffers areas stating: "Any riparian buffer shown hereon is subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas."
(D) All riparian buffer areas shall be maintained through a declaration of protective covenant, which is required to be submitted for approval by Public Services Director. The covenant shall be recorded in the land records and shall run with the land and continue in perpetuity.
(E) All lease agreements must contain a notation regarding the presence and location of protective covenants for forest buffer areas and which shall contain information on the management and maintenance requirements for the riparian buffer for the new property owner.
(F) An offer of dedication of a riparian buffer area to the Public Services Director shall not be interpreted to mean that this automatically conveys to the general public the right of access to this area.
(G) The city shall inspect the buffer annually and immediately following severe storms for evidence of sediment deposition, erosion or concentrated flow channels and corrective actions taken to ensure the integrity and functions of the riparian buffer.
(H) Riparian buffer areas may be allowed to grow into their vegetative target state naturally but methods to enhance the successional process such as active reforestation may be used when deemed necessary by the Public Services Director to ensure the preservation and propagation of the buffer area. Riparian buffer areas may also be enhanced through reforestation or other growth techniques as a form of mitigation for achieving buffer preservation requirements.
(Ord. passed 8-13-03)