Forsyth County › Unified Development Code
Chapter 18 — Subdivisions and Land Development, Article 11 — STREAM BUFFER REGULATIONS
§ 18-11.1
Applicability.
The provisions of this Article shall apply to all land development activity on property containing State Waters as defined in Chapter 3 of this Unified Development Code. These requirements are in addition to, and do not supersede, any applicable buffer requirements established under state law, and approval under or exemption from the requirements of this Article does not constitute approval under or exemption from buffer requirements established under state law or from other applicable local, state or federal regulations.
(A)The requirements of this Article shall not apply to the following activities:
(1)Work consisting of the repair or maintenance of any lawful use of land that is zoned and approved for such use on or before the effective date of this Article.
(2)Existing agriculture, silviculture, landscaping, gardening and lawn maintenance.
(3)Any land development activity that is under construction, permitted for development, or has been submitted for approval as of the effective date of this Article.
(4)Multi-Phased land-disturbance activities. With respect to the applicability of this Article, a grace period shall exist for multi-phased developments (whether for office parks, master-planned communities or otherwise identified multi-phase developments) for which any of the following exist prior to the effective date of this Article:
(a)initial phases have already been permitted, or
(b)a site plan had been approved through the sketch plat process showing an alternate stream buffer or,
(c)an approval for zoning included conditioning the property to a specific site-plan, provided that the approval date preceded November 14, 2004.
For such developments, discrete phases that have not been submitted for permit approval as of the effective date of this Article shall be allowed two years to do so and shall be allowed to utilize the previous stream requirements identified on their site plans or zoning condition. Permit applications submitted more than two years after the effective date of this article, however, shall meet the buffer and setback requirements herein.
(B)Exemptions. The following specific activities are exempt from this Article. Exemption of these activities does not constitute an exemption for any other activity proposed on a property.
(1)Activities for the purpose of building the following:
(a)a stream crossing by a driveway, transportation route or utility line;
(b)Water and Sewer utility lines and pumping stations, provided that the Director of Water and Sewer determines that the buffer is the best location for such facilities;
(c)public water supply intake or public wastewater outfall structures;
(d)intrusions necessary to provide access to a property;
(e)public access facilities that must be on the water including boat ramps, docks, foot trails leading directly to the river, fishing platforms and overlooks;
(f)unpaved foot trails and paths; any paths or trails constructed and maintained by the County, and;
any paths that connect to a County trail system, subject to approval by the County Engineer.
(g)activities to restore and enhance stream bank stability, vegetation, water quality and/or aquatic habitat, so long as native vegetation and bioengineering techniques are used.
(h)water features designed specifically for stormwater best management practices, as determined by the Director of Engineering.
(2)Public sewer line easements paralleling the creek, except that all easements (permanent and construction)
and land disturbance should be at least 25 feet from the top of the bank. This includes such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures. This exemption shall not be construed as allowing the construction of roads, bike paths or other transportation routes in such easements, regardless of paving material, except for access for the uses specifically cited in (1) above.
(3)Authorized land development activities within a right-of-way.
(4)Within an easement of any utility existing at the time this Article takes effect or approved under the terms of this Unified Development Code, land disturbance activities and such impervious cover as is necessary for the operation and maintenance of the utility, including but not limited to manholes, vents and valve structures.
(5)Emergency work necessary to preserve life or property. However, when emergency work is performed under this section, the person performing it shall report such work to the Department of Engineering on the next business day after commencement of the work. Within 5 days thereafter, the person shall apply for a permit and perform such work within such time period as may be determined by the Department of Engineering to be reasonably necessary to correct any impairment such emergency work may have caused to the water conveyance capacity, stability or water quality of the protection area.
(6)Forestry and silviculture activities on land that is zoned for forestry, silvicultural or agricultural uses and are not incidental to other land development activity. If such activity results in land disturbance in the buffer that would otherwise be prohibited, then no other land disturbing activity other than normal forest management practices will be allowed on the entire property for three years after the end of the activities that intruded on the buffer.
§ 18-11.2
Stream Buffer Requirements.
All land development activity subject to this Article shall meet the following requirements:
(A)An undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of State waters as measured from the top of the bank.
(B)An additional setback shall be maintained for 25 feet, measured horizontally, beyond the undisturbed natural vegetative buffer, wherein all impervious cover shall be prohibited, except for stormwater management facilities. Grading, filling and earthmoving shall be minimized within the setback; allowance for such activity shall consider needs for retaining walls and other topographical requirements as determined by the Department of Engineering.
(C)No septic tanks or septic tank drain fields shall be permitted within the buffer.
(D)Additional Permit Application Requirements for Developments on Properties that Contain State Waters. Any permit application for property requiring buffers and setbacks hereunder must include the following:
(1)A site plan showing:
(a)The location of all State waters on the property;
(b)Limits of required buffers and setbacks on the property;
(c)Buffer zone topography with contour lines at no greater than five (5) foot contour intervals;
(d)Delineation of forested and open areas in the buffer zone; and,
(e)Detailed plans of all proposed land development in the buffer and of all proposed impervious cover within the setback, including documentation establishing a properly approved variance or qualifying exemption that would permit land disturbing activity within a buffer or setback;
(2)A written description of any proposed land development within the buffer and setback; and,
(3)Any other documentation that the Director of Planning and Community Development or Director of Engineering may reasonably deem necessary for review of the application and to insure that the buffer zone regulation is addressed in the approval process. All buffer and setback areas must be recorded on the plat, final plat, or as-built of the property following plan approval.
§ 18-11.3
Administration of Stream Buffer Requirements.
(A)Variance Procedures. Variances from the above buffer and setback requirements may be granted in accordance with the following provisions:
(1)Who Considers Variances. Variances under this section shall be reviewed as provided in Chapter 8 of this Code and apply to those requested in conjunction with zoning application requests.
(2)Public Hearing. All applications for a stream buffer variance shall require a public hearing and notice as specified in the applicable provisions of Chapter 8 of this Code.
(3)Variances will be considered only in the following cases:
(a)When a property's shape, topography or other physical conditions existing at the time of the adoption of this Article prevents land development unless a buffer variance is granted.
(b)Unusual circumstances wherein strict adherence to the minimal buffer requirements in this Article would create an extraordinary hardship, as distinguished from a mere inconvenience.
Variances will not be considered when, following adoption of this Article, actions of any property owner of a given property have created conditions of a hardship on that property.
(4)At a minimum, a variance request shall include the following information:
(a)A site plan that includes locations of all streams, wetlands, floodplain boundaries and other natural features, as determined by field survey;
(b)A description of the shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
(c)A detailed site plan that shows the locations of all existing and proposed structures and other impervious cover, the limits of all existing and proposed land disturbance, both inside and outside the buffer and setback. The exact area of the buffer to be affected shall be accurately and clearly indicated;
(d)Documentation of the extraordinary hardship should the buffer be maintained;
(e)At least one alternative plan, which does not include a buffer or setback intrusion, or an explanation of why such a site plan is not possible;
(f)A calculation of the total area and length of the proposed intrusion;
(g)A stormwater management site plan, if applicable; and,
(h)A buffer mitigation plan in accordance with the Stream Buffer Mitigation Checklist. Forsyth County acknowledges the beneficial functions of undisturbed stream buffers including: water quality protection, pollutant/runoff infiltration, maintenance of base flow water levels, erosion/sedimentation reduction, increased channel/bank stability, stream shading, support of aquatic and terrestrial wildlife habitats, and recreational/aesthetic value. To compensate for the lost stream buffer functions due to impacts, mitigation should revegetate, protect, and otherwise maintain and improve stream buffer functioning at the same site where the impact will occur.
(5)Incomplete applications which fail to include the above information shall not be considered.
(6)The Department of Engineering shall prepare and submit to the board considering the variance (Zoning Board of Appeals, Planning Commission and/or Board of Commissioners) a technical comment on the applicant’s mitigation measures, alternative designs and/or explanations of why an alternative plan is not possible.
(7)The following criteria will be considered in determining whether to issue a variance:
(a)The shape, size, topography, slope, soils, vegetation and other physical characteristics of the property;
(b)The locations of all State Waters and on the property, including along property boundaries;
(c)The location and extent of the proposed buffer or setback intrusion; and,
(d)Whether request is the minimum necessary to accomplish the proposed development and whether alternative designs are possible which require less intrusion or no intrusion;
(e)The long-term and construction water-quality impacts of the proposed variance;
(f)Whether issuance of the variance is at least as protective of natural resources and the environment.
(B)Responsibility. Neither the issuance of a development permit nor compliance with the conditions thereof, nor with the provisions of this Article shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit hereunder serve to impose any liability upon Forsyth County, its officers or employees, for injury or damage to persons or property.
(C)Validity. Approvals are valid per Section 8-6.4 (C) of this Code.
(D)Review of Variance Decisions. Applicants may petition the Board of Commissioners regarding variance decisions per Chapter 8, Article VIII of this Code.
(E)Inspection. The Director of Engineering may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the Director of Engineering in making such inspections. Forsyth County shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Article, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties.
(F)Violations, Enforcement and Penalties. Any violation of the provisions of this Article or the requirements of an approved site plan or permit may be subject to the enforcement actions detailed in Chapter 22 of the UDC or Ordinance No. 73 (Soil and Sedimentation Control Ordinance), Section VII, whichever shall result in the greater potential penalty to the offender. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief.
ARTICLE XII, ADDITIONAL UNDISTURBED AREA REGULATIONS: