| 11.5 | Wetlands Protection Standards | ||
| The primary objective of wetlands protection standards is to conserve and maintain natural wetlands in an undisturbed vegetated state in order to provide storage of stormwater runoff, minimize degradation of preserved wetlands from the impacts of adjacent development, improve water quality and preserve plant and wildlife habitat. | |||
| 11.5.1 | Wetland Buffers Application | ||
| A wetland buffer shall apply to any wetland area that is within the jurisdiction of the US Army Corps of Engineers and identified on site plans, development plans, preliminary plats, final plats, major special use permits and minor special use permits. The wetland buffer shall not apply to any wetland approved for dredging or filling under a Section 404 Permit issued by the US Army Corps of Engineers or a Section 401 Water Quality Certification issued by the North Carolina Division of Water Quality. The wetland buffer shall not apply to wetland areas associated with man-made ponds or man-made drainage ditches. The wetland buffer shall not apply to any retained wetland area less than 1 acre in size. The wetland buffer shall not apply to any wetland area associated with a Minor Subdivision as defined in Section 2C, Durham Merged Subdivision Ordinance. | |||
| The wetland buffer shall be provided along the perimeter boundary of the wetland area and shall be at least 25 feet in width. The wetland buffer shall remain in natural undisturbed vegetation. However, the approving authority may reduce the wetland buffer to 10 feet in width provided it determines that the proposed development includes site features and/or will employ construction management techniques to provide at least a comparable level of protection for the wetland area. Such site features and construction management techniques shall include but not be limited to additional grass or re-vegetated buffers, double silt fencing, diversion ditches with temporary slope drains and application of sod on any slope adjacent to wetlands. | |||
| 11.5.2 | Wetland Buffers Use Limitations | ||
| Wetland buffers shall remain in natural undisturbed vegetation, except as provided below. | |||
| 1. | Any use allowed by Section 11.5.2, Wetland Buffer Use Limitations shall be designed and constructed to minimize the amount of intrusion into the wetland buffer and to minimize clearing, grading, erosion and water quality degradation. | ||
| 2. | Crossings by streets, driveways, culverts, railroads, recreational features, intakes, docks, utilities, bridges or other facilities shall be allowed. Stormwater control facilities and wetlands constructed for mitigation purposes shall be allowed in wetland buffers. | ||
| 3. | Wetland buffers can be used for passive recreational activities, such as walking and bicycling trails, provided that service facilities for such activities, including but not limited to parking, picnicking and sanitary facilities, are located outside of the wetland buffer. Water oriented recreational facilities, such as boat or fishing piers, shall require an approved use permit from the Board of Adjustment. | ||
| 4. | Land within the wetland buffer can serve to meet minimum lot size requirements if there is sufficient buildable area remaining on the lot. | ||
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