Sec. 9.5. Mass Grading Buffers and Revegetation

9.5.1. Mass Grading Buffers

A. Applicability

1. Mass gradingClosed The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffers shall only apply to activity within the City jurisdiction.

2. Mass gradingClosed The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition., as defined in Sec. 17.3, in the Rural, Suburban, Urban, and Compact Neighborhood Tiers where no other site improvements are proposed shall require perimeter mass gradingClosed The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffers at all exterior lot lines pursuant to this section.

3. Buffers required by this section shall no longer be required upon approval of a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for other site improvements, although buffers may be required by other provisions of this article. If such a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or a final platClosed The final map of all or a portion of a subdivision which is presented for final approval. is approved, the required mass gradingClosed The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be retained until a project boundary bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. pursuant to Sec. 9.4, Project Boundary Buffers, is installed. A preliminary platClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review. does not relieve the applicant of the requirements of this paragraph.

4. A site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for buildings, not just utilities, must be approved to be relieved of the requirements of this section.

B. Buffer Standards

1. General

No gradingClosed A land disturbing activity that modifies the contours of the land. shall be allowed within mass gradingClosed The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffers except to provide reasonable access and for utility installation. All crossings and intrusions into the mass gradingClosed The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be at an angle between 75 and 105 degrees, with minimal disturbance to the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

2. Adjoining Other Properties

a. Perimeter mass gradingClosed The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffers adjoining other properties (along exterior property lines), shall be a minimum of 65 feet in width if the adjoining property is developedClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., or 32 feet if the adjoining property is undeveloped, measured perpendicular to the boundary of the site, and shall be in place prior to such gradingClosed A land disturbing activity that modifies the contours of the land. activity.

b. Such buffers shall preserve existing vegetation.

3. Adjoining Public Rights-of-Way

a. Mass gradingClosed The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffers along public rights-of-way shall be at least 65 feet in width measured perpendicular to the boundary of the site and shall be in place prior to such gradingClosed A land disturbing activity that modifies the contours of the land. activity.

b. Such buffers shall preserve existing vegetation.

9.5.2. Exemption

ForestryClosed The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. activities conducted in conformance with a Forest Management Plan that uses the current best management practices set out in “North Carolina ForestryClosed The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. Best Management Practices Manual To Protect Water Quality,” as amended, as adopted by the North Carolina Department of Agriculture and Consumer Services, shall not require a mass gradingClosed The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.; however, if required buffers are not provided consistent with the requirements of paragraph 8.3.4, Clear Cutting, developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of the site shall be prohibited for a period of three or five years (in the City) or three years (in the County) from the date of forestryClosed The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. activities.

9.5.3. Revegetation

A. Applicability

1. An ownerClosed Any person having charge of any real property according to the records held by the Register of Deeds. shall have two years from the date that a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. is approved for land disturbing activityClosed Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition. subject to this section where no other tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. improvements are proposed either to secure site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval for developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of the tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. or to revegetate the site.

2. Revegetation required by this section shall not be required upon approval of a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for site improvements for that portion of the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. with such improvements proposed. The remainder of the developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. shall continue to require revegetation until a site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. showing other site improvements is approved. A preliminary platClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review. does not relieve the applicant of the requirements of this paragraph.

3. Revegetation is required only where land disturbing activityClosed Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition. has taken place, and no site planClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for improvements has been approved within two years.

B. Revegetation Standards

1. So long as the required mass gradingClosed The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffers pursuant to this section have been provided and maintained, revegetation of a tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. with a ground coverClosed Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. sufficient to restrain erosionClosed The wearing away of land surface by the action of wind, water, gravity or any combination thereof. shall satisfy the requirement for revegetation.

2. If the required mass gradingClosed The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffers were not provided and maintained, revegetation of a tractClosed Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. shall create a biological community composed of a mixed and variable assemblage of native vegetation which is appropriate for the existing site conditions with at least three different species of trees native to Durham County and a tree densityClosed The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. of at least 200 living trees per acre, with at least 50% of those trees having the potential of attaining a two and one-half inch or greater dbh within seven years.