20070302 Ver 1_More Info Received_20070424

w* P M
m DEVELOPMENT
April 17, 2007
Mr. Ian McMillan
N.C. Division of Water Quality
Wetlands/401 Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Section 401 Water Quality Certification for the Carrollton Development
Dear Mr. McMillan:
-D3o2.
PM Development, LLC (PMD) received a letter from Mr. Steve Tedder dated March 27, 2007, requesting
additional information about the Carrollton Development. We have provided a draft submittal of the requested
information to Mr. Daryl Lamb in the Winston-Salem Regional Office. I have subsequently discussed the
submittal with Mr. Lamb and he has indicated satisfaction with the completeness of the information provided.
Mr. Lamb plans to issue the 401 permit locally now that he has completed his review.
The letter from Mr. Tedder requested that we send five (5) copies of the information to your attention. This
submittal is fairly large and to minimize waste, Mr. Lamb recommended that we send four (4) copies to your
attention and he will retain his submittal as the fifth copy.
We appreciate your assistance in allowing PMD to continue making forward progress with this project. If you
have any questions for PLAID, please contact me directly at 336.399.8154 or by email at paul@pm-
development.com.
Sincerely,
PM DEVELOPMENT, LL
Paul Williams
Project Manager
Cc. Mr. Steve Tedder, DWQ Winston-Salem Regional Office
Mr. Daryl Lamb, DWQ Winston-Salem Regional Office
p@WWRQ
APR 2 4 2007
OENR - WATER (QUALITY
nAthe ny0 3TORMiWATER BRANCH
501 SHEPHERD STREET, WINSTON-SALEM, NC 27103 P.O. Box 5657, WINSroN-SALEM, NC 27113
OFFICE 336.659.9503 FAx [phone]
PM
DEVELOPMENT
April 4, 2007
Mr. Ian McMillan
N.C. Division of Water Quality
Wetlands/401 Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Section 401 Water Quality Certification for the Carrollton Development
Dear Mr. McMillan:
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APR ? 4 X997
NQ IN,?rm QU?te ITY
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This letter provides the additional information requested from PM Development, LLC (PMD) by Mr.
Steve Tedder in his letter dated March 27, 2007. The following summarizes our planning efforts with
Carrollton and clarifies our intentions for proceeding with the development of the remaining portions.
A. PROPERTY DESCRIPTION
PMD is the owner/developer of Carrollton, a mixed-use project located in Kernersville, N.C. We
began acquiring land more than three years ago and now own approximately 323.82 acres of land.
Attachment A reflects the total land owned by PMD. There are three sections on the map, labeled by
approved general land use: Residential; Village Center; and Business Park. Each label contains the
total land mass allocated to each section. Although the land on the south side of Old Salem Road is all
that is included in this permit request, the small tract of around 7 acres shown on the north side of Old
Salem Road is included in the Village Center acreage listed on the map. The stream locations on the
property south of Old Salem Road are included in the USACE General Permit Verification submitted
with the original permit application.
PMD is master planning this entire project and continues to pursue additional land contiguous to
current holdings. As we acquire additional land, PMD will include these parcels in future permit
applications. We are committed to sharing our project plans with all applicable permitting agencies.
We intend to fully disclose permit requirements and land use limitations to any potential purchasers or
partners involved in Carrollton. PMD views the local and state agencies as our partners in bringing
this project from concept to reality.
B. LAND USE/ZONING
Carrollton has been granted zoning entitlement in accordance with the land use plan adopted by the
City/County Planning Board and the Kernersville Planning Board. The zoning, Mixed Use-Special
Use District (MU-S), is a two phase zoning that provides increased flexibility in the site planning of
Carrollton. In Phase I general uses are approved for each section. Attachment B is a copy of the
Planning Board Report which further explains the uses allowed in each section of Carrollton. The
Planning Board Report also provides further explanation of the zoning process beginning at the top of
Page 4.
501 SHEPHERD STREET, WINSTON-SALEM, NC 27103 P.O. Box 5657, WINSTON-SALEM, NC 27113
OFFICE 336.659.9503 FAx [phone]
A-
In Phase 2, Final Development Plans (FDPs) for smaller compartments within each section will be
created as market demand dictates the appropriate and marketable use. Currently, PMD only has filed
one FDP for a residential compartment of the project. This FDP requires sanitary sewer which is the
catalyst for our permit applications for sewer extensions. The Development Plan section of this letter
offers further explanation of this FDP.
C. DEVELOPMENT PLAN
PMD's master plan for Carrollton will follow the general land uses established by the zoning as
explained in the Planning Board Report. Market demand will drive the timing of more detailed
planning of the smaller compartments. We have begun with the Residential section of Carrollton,
which will include multi-family (apartments/condos), attached (town houses) and single family
residences. As housing becomes available and the number of residents in the project area grows, the
demand for retail and commercial services will increase and planning for these sections of Carrollton
will progress.
The Kernersville Planning Board approved the FDP for the multi-family compartment in October of
2006. Meridia, Inc., of Greenville, SC, will construct this portion of Carrollton. This area includes
approximately 17 acres along the southern side of Old Salem Road. Construction will begin in the
summer of 2007. Attachment C is a copy of the proposed site plan and storm water management plan
for the multi-family compartment. The multi-family compartment does not include any of the
delineated streams or wetland areas. PMD has retained ownership of property designated as
jurisdictional waters in order to minimize impacts.
PMD is currently in negotiations with a prospective partner for the remainder of the residential section.
Attachment D shows the conceptual site plan for this residential compartment, prepared solely for
determining approximate density. Once PMD reaches agreement with this prospective partner,
preparation of an FDP will follow. PMD must approve partner's site plans and has directed that site
planning should include avoidance of streams and buffer zones. Attachment D substantiates that there
are no planned impacts to streams that have been identified in the USACE General Permit.
PMD also has proposed an FDP for the 7+ acre site located in the Village Center section on the north
side of Old Salem Road. This site, although part of Carrollton, is not a contiguous piece of property
and has no impacts to jurisdictional waters.
There are no other proposed FDPs for the remainder of Carrollton at this time.
D. WATER QUALITY
PMD will only convey land to others after finalizing verifications of the jurisdictional waters.
Additionally, as required in WQC #3631, PMD we will attach deed notifications for all property
conveyed to others. We believe it prudent to pass on this information to inform owners of their rights
and limitations with their property.
DWQ should be aware that the two requested sewer crossings only open a portion of Carrollton for
immediate development. The mini-basin containing Carrollton is located within the Lower Abbotts
Creek Basin. Attachment E is an overall map of the Lower Abbotts Creek Basin with a shaded area
showing the location of Carrollton.
501 SHEPHERD STREET, WINSTON-SALEM, NC 27103 P.O. Box 5657, WINSrON-SALEM, NC 27113
OFFICE 336.659.9503 FAx [phone]

For the larger Abbott's Creek Basin, The Town of Kernersville has provided documentation
confirming a previous cumulative impact analysis. In addition, we and our engineers have spent
considerable time to date thinking through issues related to storm water management. Attachment A
shows our conclusions regarding the best locations within Carrollton for stormwater management best
management practices which adhere to the rules administered by the Town of Kernersville, N.C.
SUMMARY
In conclusion,
• PMD plans to verify all jurisdictional waters on our property and to convey property to others
only after verification of jurisdictional waters.
• PMD plans to retain portions of land in some buffer zones of jurisdictional waters to avoid
and/or minimize impacts within these areas.
• PMD plans to design Carrollton in accordance with the land uses approved for the project.
• PMD plans to impose land-use restrictions by deed on future purchasers of the land.
• PMD plans to obtain all necessary permitting for the site, either prior to selling or in
conjunction with sale of the land.
• PMD plans future permit requests related to temporary sewer crossings and one road crossing,
and these should be kept below Individual Permit thresholds. The road crossing is only
planned as required by the local or state jurisdictions for safety and/or traffic management.
PMD views avoidance of jurisdictional areas as being environmentally sensitive as well as critical to
retaining the character and natural charm of the site. We will continue to work closely with state and
local authorities to create plans that support our commitment to environmentally sound development.
PMD asks that you consider the information provided and requests your approval to proceed with our
project. We appreciate your assistance in achieving the mutual goal of a planned development with
minimal environmental impacts.
Sincerely,
PM DEVELOPMENT, LLC
Paul Williams, PE
Project Manager
Cc. Mr. John Thomas, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Mr. Steve Tedder, DWQ Winston-Salem Regional Office
Mr. Mark Taylor, PE, Ecologic Associates, P.C., 4321-A South Elm-Eugene Street,
Greensboro, NC 27406
Mr. Tim Shields, Public Works Director, Town of Kernersville, 720 McKaughan Street,
Kernersville, NC 27284
501 SHEPHERD STREET, WINSTON-SALEM, NC 27103 P.O. Box 5657, WINSTON-SALEM, NC 27113
OFFICE 336.659.9503 FAx [phone]
m PM
m DEVELOPMENT
April 17, 2007
Mr. Ian McMillan
N.C. Division of Water Quality
Wetlands/401 Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Supplemental Information from Kernersville to be included in the Review for Section 401 Water Quality
Certification for the Carrollton Development
Dear Mr. McMillan:
PM Development has submitted items to assist in reviewing the water quality certification request for
Carrollton. In the letter explaining those items we mentioned additional information being prepared by the
Town of Kernersville. Four copies of the information packet prepared by the Town are provided with this letter.
The information packet contains copies of recent email and letter correspondence regarding this permit request.
The Town has also included copies of the following:
• Finding of No Significant Impact and Environmental Assessment for the Improvement and Installation
of Wastewater Collection/Transport Facilities
• Town of Kernersville 201 Facilities Plan Environmental Assessment Addendum Secondary and
Cumulative Impact Mitigation Plan taken out of the Town of Kernersville 201 Facilities Plan
Amendment and Environmental Assessment
• A copy of the Town of Kernersville Environmental Ordinance
• A copy of the Town of Kernersville Stormwater Management Program
• A flow chart of the Infrastructure Plans Review Process uses by the Town of Kernersville Engineering
Division
We hope this additional information is helpful. We continue to appreciate your assistance in resolving issues
with our permit request. Please contact me with any questions or comments. I can be reached at 399-8154 or by
email at [e-mail]. ('? ?,(J
Sincerely: D R `o 1:/
PM DEVELOPMENT, LLC
APR 2 4 2007
DENR
WATER 411Al.ITY
Paul Williams
Project Manager
MD STORE *R- PAWN
Cc. Mr. John Thomas, U.S. Army Corps of Engineers, Raleigh Regulatory Field Office
Mr. Steve Tedder, DWQ Winston-Salem Regional Office
Mr. Mark Taylor, PE, Ecologic Associates, P.C., 4321-A South Elm-Eugene Street, Greensboro, NC
27406
Mr. Tim Shields, Public Works Director, Town of Kernersville, 720 McKaughan Street, Kernersville,
NC 27284
501 SHEPHERD STREET, WINSTON-SALEM, NC 27103 P.O. Box 5657, WINSTON-SALEM, NC 27113
OFFICE 336.659.9503 FAx [phone]
As-
•
CARROLLTON 401 WATER QUALITY
CERTIFICATION
KERNERS VILLE SUPPLEMENTAL
INFORMATION
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Fl@fflowll I
AeR 2 4 2007
KnW "'t?t?M O
0
Pagel of 3
Ana Jaramillo
From: Tim Shields
ot: Tuesday, March 27, 2007 2:39 PM
To: [e-mail]
Cc: [e-mail]; Russell Radford, P.E.
Subject: FW: Carrollton Environmental Issues
Attachments: DWQ Ian McMillan Ltr.pdf; DSCN0137.jpg; DSCN0133.jpg
Cyndi,
I received this e-mail from Paul Williams, Project Engineer with a local development company requesting our assistance. When I
read through the e-mail and information that DWQ was requesting, it came to me that the local office may not have an
understanding of the current environmental regulations that the Town enforces in the Lower Abbott's Creek Sewer Service Area.
In fact, at least one of the DWQ guys that worked with us on the permitting process is no longer with the State.
In order for the Town to receive SRL funds to extend sewer into this area we amended our 201 Plan, prepared an E.A., updated
and added environmental regulations, adopted a Secondary and Cumulative Impact Plan along with stream buffer requirements,
etc. All of these regulations are enforced through the zoning and plan review process.
I would prefer not to get pulled into this process again. All the measures are in place to satisfy secondary and cumulative impacts
for the entire Lower Abbott's Creek Sewer Service Area as identified in the 201 Amendment. Rather than trying to copy a book 3
inches thick for the local office, I'm attaching a picture of the book. If this book could be located in the DWQ office, could someone
quickly verify of its existence and approval and let the local office know we went through a long process to ensure DWQ that
secondary and cumulative impacts will be adequately addressed? I have also attached a copy of my letter to Mr. McMillan with
accompanying FONSI approval.
I e you can help us with this issue and please keep us informed of your findings.
hields
P c Works Director
Town of Kernersville, NC 27284
336-996-6916
-- ----------- -------
From: Paul [mailto:[e-mail]]
Sent: Friday, March 23, 2007 3:53 PM
To: Tim Shields; Russell Radford, P.E.
Subject: Carrollton Environmental Issues
Tim/Russell,
First, thank you both for your interest in helping us resolve this permitting issue. As I said, the issue is a surprise to us because
we understood just as you both do that cumulative impact concerns were already resolved through the Abbotts Creek permitting
process.
The brief summary is that in requesting PCNs for the first two sanitary sewer creek crossings at Carrollton we are in a delay as we
prepare additional information addressing planned mitigation of cumulative impacts. We are trying to satisfy DWQ in Raleigh and
avoid individual certification of the crossings, which will result in a public comment period and further delay. Based on the
conversation we had yesterday with Daryl Lamb of DWQ, Mark Taylor with Ecologic (our environmental consultant from
Greensboro) created the list below of information that we think is needed and who would have that information.
I've copied out the entire list with which includes PM and Gupton's next steps so you can see what we are pulling together. We do
expect a letter from Daryl Lamb further clarifying the need list for resubmitting the PCN.
Ne ' ft er talking with you, it appears that all items under Town of Kernersville are already in place, and most likely already in the
of DWQ in Raleigh from when the Abbotts permit was completed. From my interpretation, the only thing that may need
r clarification pertains to item 6, and that is because WQC 3631 just came out this past Monday, March 19. It is attached.
Otherwise, depending on how we proceed we may need to pull together hard copies of this documentation to include in our
submittal.
4/5/2007
Page 2 of 3
Our goal is to get our items resubmitted by the end of next week. If we need to get together early next week, I am available at
your convenience either in person or by telephone to address other strategies to solve this issue. Again, the list of items we
derived from our meeting with Daryl Lamb are listed at the bottom of the message.
T Woks again for your assistance. It is truly appreciated. I am thankful to have you both willing to assist us and being as
rsive as you have already been.
Sincerely,
Paul
Paul Williams
PM Development
501 Shepherd Street
Winston-Salem, NC 27103
336.659.9503 Office
336.659.9504 Fax
336.399.8154 Cell
[e-mail]
Items to
PM Development
1. Address in writing any legal restrictions (deed restrictions, restrictive covenants, etc.) on future land transfers with emphasis
on limitations on 1) impacts to jurisdictional waters, 2) watershed protection, 3) compliance with local and state erosion
control and stormwater management requirements, etc.
Address status of zoning approvals, special use permits, conditional uses, and any other special conditions imposed by the
local planning authority.
Explain in more detail what PM's role is and how PM will influence future development of the project.
4. Explain the status of additional property acquisition beyond what is currently controlled (249 acres?).
5. Clarify what acreage should be included in this application (probably only that which is currently owned and has been given
a formal jurisdictional determination by the Corps).
The goal here is to assure and convince DWQ that PM has adequate controls in place to assure that future project development
won't exceed proposed impacts or violate current permits and certifications, and that future changes in current plans will be
brought to the attention of local and state agencies for permit modifications as needed.
Town of Kernersville
1. Provide complete documentation of the "comprehensive environmental review" referenced in the letter from Tim Shields
dated February 27, 2007.
2. Provide correspondence from DWQ regarding the environmental review and their acceptance of it.
3. Provide complete documentation of any resulting agreement(s) with DWQ.
4. Summarize conditions of the agreement with DWQ relative to cumulative impacts to jurisdictional waters, watershed
restrictions and stormwater management in the basin, with citations of document page and paragraph.
5. Provide complete documentation of local watershed protection and stormwater management ordinances and explain how
the local ordinance is at least as stringent as applicable state watershed protection and stormwater management rules.
6. Explain how the local ordinance(s) address(es) additional stormwater management BMP's required in water supply
watersheds by DWQ in WQC 3631 (Condition 4) (attached). Note deviations from those requirements if any.
7. Explain review procedures for stormwater plan approval (and provide procedural documentation if available).
8. Explain any caps on impervious area associated with the project, project-specific zoning, water supply watersheds, and/or
• the Abbott's Creek basin.
The goal here is to assure and convince DWQ that local ordinances and/or prior agreements with DWQ will protect state waters
by meeting or exceeding their requirements so they will yield to the Town of Kernersville and the W-S Regional Office (Daryl Lamb
or equivalent) without requiring further analysis or a more rigorous Individual Certification.
4/5/2007
Page 3 of 3
Gupton & Assocs.
1. Prepare a full-size "Master Plan" showing conceptual development of the entire project, even though there is no specific
plan. Make some assumptions in collaboration with PM and present them as the current conceptual plan.
Explain limits on impervious area and how the project will allocate impervious area to stay within those limits.
3. Assign land uses to each phase or tract along with maximum impervious area and maximum stormwater management area
required.
4. Show stream buffers and a stormwater management area in each area as scaled corridors or polygons to match the
designated area requirements.
5. Note that all stormwater management areas will incorporate one or more of the BMP's specified in WQC 3631 (Condition 4)
and list those BMP's.
The goal here is to satisfy DWQ's requirement for a plan for the project at build-out and to show that sufficient area is being set
aside to accommodate watershed protection requirements. Assume a "worst case" or maximum impact scenario.
LJ
•
4/5/2007

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 27, 2007
DWQ# 07-0302
Forsyth County
0
CERTIFIED MAIL: 7004 2510 0002 2177 4705
RETURN RECEIPT REQUESTED
Reference: Section 401 Water Quality Certification for the Carrollton Development
Mr. Paul Williams
PM Development, LLC
501 Shepherd Street
Winston-Salem, NC 27103
Dear Mr. Williams:
On February 15, 2007, the North Carolina Division of Water Quality (DWQ) received your application for a
401 General Water Quality Certification to impact 80 linear feet of two unnamed tributaries to Abbotts
Creek and 0.69 acre of associated riparian wetlands in order to construct two sewer line crossings for a
sewer outfall to serve the proposed Carrollton Development located on Old Salem Road near Kernersville in
Forsyth County. Based on the information provided in your application, additional information is required
in order that we may determine your project's compliance with 15A NCAC 2H .0500. Unless otherwise
specified, please provide five (5) copies of the following information:
1. Please provide two (2) sets of full-size drawings depicting the lot, street, and utility line layouts
for all areas of the project that you propose to develop. Also, please provide the total acreage,
accurate to 0.1 acre, for the Carrollton Development as currently planned.
2. Please provide a comprehensive stormwater management plan which includes plans and
specifications for stormwater management facilities that are appropriate for surface waters
classified as Class WS-III and designed to remove, at a minimum, 85% Total Suspended Solids
according to the most recent version of the NCDENR Stormwater Best Management Practices
Manual. These facilities must be designed to treat the runoff from the entire project.
3. Please provide a narrative cumulative impact analysis of potential short and long-term impacts
on water quality standards in the Abbotts Creek watershed downstream of the proposed project
site. For assistance in preparing this analysis, you may refer to Guidance for Assessing Indirect
and Cumulative Impacts of Transportation Projects in North Carolina, 2001, Volumes I and II,
State of North Carolina Department of Transportation and Department of Environment and
Natural Resources.
rfl? ?°ttCaro?'tta
) a c.2
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet httolhm.nmatemuality.om
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recyded/10% Post Consumer Paper
Mr. Paul Williams
Page 2, DWQ# 07-0302
March 27, 2007
Until the information requested in this letter is provided, I will request (by copy of this letter) that the U.S.
Army Corps of Engineers place this project on hold. Also, this project will be placed on hold for DWQ
processing due to incomplete information (15A NCAC 2H .0507(h)). The processing of this application
will begin when the requested information is received. Please be advised that if your proposed activity is
subject to Section 404 of the Clean Water Act (33 U.S.C. 1344), you must also receive a Section 401
Water Quality Certification from the N. C. Division of Water Quality before you begin any work.
Please send the requested information to Mr. Ian McMillan, N. C. Division of Water Quality, Wetlands/401
Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. If you have any questions, please
contact Mr. Daryl Lamb, DWQ, Winston-Salem Regional Office, at [phone].
Sincerely,
Steve W. Tedder
Regional Supervisor
DWQ Winston-Salem Regional Office
9 SWT/cdl
cc: Mr. John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office
DWQ, Winston-Salem Regional Office
Wetlands/401 Unit File Copy
Central Files
Mr. Mark Taylor, PE, EcoLogic Associates, P.C., 4321-A South Elm-Eugene Street, Greensboro, NC
27406
0
T O WN OF R FR N1 ?II . l . F.
W. avis,
PURUC WOMDEPART AM'VT Marvin G. STown Manager
• Timothy G. Shields, Director
P.O. Box 728 720 McKaughan Street
Kernersville, N.C. 27285-0728 Telephone [phone]
Fax [phone]
February 27, 2007
Mr. Ian McMillan, Environmental Specialist III
401 Oversight and Express Permit Unit
NCDENR - Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Subject: Permitting for Proposed Carrollton Sanitary Sewers PM Development
Town of Kernersville, NC
Dear Mr. McMillan:
Information has come to our attention that your agency has concerns about possible
secondary and cumulative impacts related to the proposed extension of sanitary sewer
lines to serve the Carrollton Development. Carrollton is a development project located
in the southern portion of the Town of Kernersville's corporate boundary. Extension of
the proposed gravity, sanitary sewer lines will indeed provide service to the Carrollton
project and potentially to additional properties not included in the subject project.
. However, all of the area potentially served by the Carrollton sewer extension was
previously considered as part of an amendment to the 201 Facilities Plan Amendment
for the Greater Winston-Salem Facilities Plan for the Town of Kernersville Service Area.
The review process conducted by the Division of Water Quality (DWQ) for the
referenced 201 amendment included a very comprehensive environmental review of
secondary and cumulative impacts, which concluded with the issuance of a Finding of
No Significant Impact. See Attached documentation. We believe your concerns have
already been addressed based upon actions taken by the Town of Kernersville and the
City/County Utilities Commission (CCUC) as part of the 201 amendment process.
The Town has implemented all measures and actions as expressly directed by DWQ.
We ask that your review consider steps already taken to minimize potential secondary
and cumulative impacts. If you have any questions, please do not hesitate to give
Russell Radford or myself or a call.
Sincerely,

Timothy G. Shields
Public Works Director
c: Russell Radford, Town Engineer
Mark Taylor, Ecologic
Attachments
i
i

Michael F. Easley, Governor
North Carolina Department of Environmitent?a and G. Ross Jr.. Secretary
Natural Resources
Alan W. Klimek, P:E„ Director
Division of Water Quality
February 28, 2003 i 0
Mr. Randy E. McCaslin, Town Manager
Town of Kemersville
Post Office Box 728
Kemersville, North Carolina 27285-0728
SUBJECT; 201 Facilities Plan Amendment for
Greater Winston-Salem Facilities Plan
Town of Kemersville Service Area
Project No. CS370571-02
Dear Mr. McCaslin:
The Construction Grants and Loans Section of the Division of Water Quality has
completed its review of the town of Kemersville 201 Facilities Plan Amendment. The roec t
consists of Phase 1 improvements within the Deep River Basin including 18001.f. of 18 inc
interceptor, 24001.f. of 15-inch interceptor, and 33001.f. of 12-inch interceptor sewer h
line
along
the West Fork Deep River; 3300 l.f, of 12-inch interceptor and 2800 d.f of 8-inch interc ep
tor
sewer line extended west to N.C. 66; the new 1.06 million gallon per day (MGD) Twin Creek
Pump station; and 730011.. of 12-inch force main sewer and 5000 l.f of 18-inch interceptor
gravity sewer line that will transport now from the new Twin Creek pump station and tie i
into the
new Phase 2 interceptor along Abbotts Creek. Phase 2 will consist of improvements in the
Abbotts Creek and Muddy Creek basins including 5200 I.f. of 30-inch interceptor and 9700 l.f.
of 27-inch interceptor sewer line tributary to a new 6.94 MGD Abbotts Creek um stay
19,0001.f. of 20-inch force main sewer; and 6900 1. f. of 36-inch interceptor and 2000
30-inch interceptor sewer along the South Fork Muddy Creek to tie into the pump
Road interceptor sewer. l.f. of
existing P Gum Tree
ree
The subject town of Kemersville 201 Facilities Plan Amendment is hereby a roved.
PP
• i
nts and Loans Section
Wvv.nccgl.net
1633 Mail Service Center Raleigh, NC 27699.1633
(919) 733-69pp
FAX (919) 71a.6229
47'«
Customer Service
1 ArV*1 o•... -
> -2-
If you have any questions concerning this matter, please contact Mr. Larry Horton, P.E.
of our staff at [phone].
Si

'John R. Blowe, P.E., Chief
Construction Grants & Loans Section
KLH:dr
cc: Tim Shields, Town of Kernersville
Russell Radford, P.E., Town of Kernersville
Michael L. Slusher, P.E., Davis-Martin-Powell & Associates
Steve Mauney, DWQ Winston-Salem Regional Office
Daniel Blaisdell, P.E.
Amy Simes, P.E.
DMU/FEU/SRF
•
i
41BLIC WORKS 3369964059 02/26 '03 12:03 NO.753 02/02
i78-2003 11:3UM Ft Konatrootion Grants And Loans 9197166220 T-209 P-001/001 F-212
j North Carolina
Department of Administration
Micheei F. Eeal~y, Gcv=*t
Mr, Larry Havon
NO Dept of BUY, dt Net. Rosourcas
Div of WSW Quw*/Covet. Qtaw
Parker-Lincoln Building
1633 MSC
Raleigh, NC 27604
Fobalely 26, 2003
Gwynn T. Swinson, Secretary
Post4t' Fax NOW 7871 Do16946-o4i a$ 1'
To
Rran
COMIPLKImEavae= CO.
Phones Phone a f y'?o 7x
irAX0 &- ??s?
Dear Mr. Horton:
Re: SCH File # 03-FA300-0208; Environnia4 1. AssessmeWFMAs ofNO SIgn100t IYnpect;
Town of KetnerevillalmprOV=eAt snd I> zWlation of wouvater collection and Te nsport
Facilities in to Deep River, Abbotts Creek, and Muddy Crock Basin mu-
lls above referenced enviruninanua impact infozulation ha boo reviewed through tau State
Claarlagl>vouee under the provisions of the North Cazolirla'Pat*omeaml Policy Act.
No comments were made by any stn Oooal agencies in the course of this review. Therefore, no f nih,er
environmental review action on your part is required for the complistlce With the ACL
Best regards.
Sincerely,
ivy`
Ms. Cbiys Daggett
EavirotultwU1 Policy Act Coordinator
cc: Region I
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Michael F. Easley, Governor
f William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. MIMIC, P.E., Director
Division of Water Quality
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February 28, 2003
Mr. Randy E. McCaslin, Town Manager
Town of Kernersville
Post Office Box 728
Kernersville, North Carolina 27285-0728
SUBJECT: 201 Facilities Plan Amendment for
Greater Winston-Salem Facilities Plan
Town of Kernersville Service Area
Project No. CS370571-02
Dear Mr. McCaslin:
The Construction Grants and Loans Section of the Division of Water Quality has
10 completed its review of the town of Kernersville 201 Facilities Plan Amendment. The project
consists of Phase 1 improvements within the Deep River Basin including 18001.f. of 18-inch
interceptor, 24001.f. of 15-inch interceptor, and 3300 It of 12-inch interceptor sewer line along
the West Fork Deep River; 33001.f. of 12-inch interceptor and 28001t of 8-inch interceptor
sewer line extended west to N.C. 66; the new 1.06 million gallon per day (MGD) Twin Creek
pump station; and 73001.f. of 12-inch force main sewer and 50001.f. of 18-inch interceptor
gravity sewer line that will transport flow from the new Twin Creek pump station and tie into the
new Phase 2 interceptor along Abbotts Creek. Phase 2 will consist of improvements in the
Abbotts Creek and Muddy Creek basins including 52001.E of 30-inch interceptor and 97001.f.
of 27-inch interceptor sewer line tributary to a new 6.94 MGD Abbotts Creek pump station;
19,000 11 of 20-inch force main sewer; and 69001.f. of 36-inch interceptor and 2000 l.f. of
30-inch interceptor sewer along the South Fork Muddy Creek to tie into the existing Gum Tree
Road interceptor sewer.
The subject town of Kernersville 201 Facilities Plan Amendment is hereby approved.
?.{ . L.t LN
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nstruction Grants and Loans Section 1633 Mail Service Center Raleigh, NC 27699 1633 {979) 733-6900 Customer Service
Web Site: www.nccgl.net FAX {919} 715-6229 1 800 6237748
PUBLIC WORKS 3369964059 02/26 103 12:03 NO.753 02/02
FE9-20-2003 11:39AM FROM-Construction Grants And Loans 9181166229 T-209 P.001/001 F-212
qw.
•
Michael F. Fm1*y, 00WInOT
Department of Admidstration
I& Lang Damn
NC Dept OfEEnv- & Nat. RC8011rces
Div of WOW Qml*/Canst. ()Tanta
Parker-Lincoln Baild3stg
1633 MSC
Raleigh, NC 27604
Febmmy 26, 2003
pear. Mr. Dorton:
•
North CB raliua
(3w)= T. Swimon, SecretarY
Post-W Fax Note 7871 _ 0O1n Z • 16.0$
# - `PhO 4 q'? q .
R,e: SCH File # 03-E-4300-0208; Environ wvW Assessmmd n0 afNO SigniflCaNt Impact;
Town of Ker>aW$*1104WrroV= art and d Mudd CreeW Basin Collection aad Transport
F&djities it, *g 1)eep Ri am.
the State
T2aa alcove zeferenaed env umo the been mviewed
Policy Art.
Cleai?i i house under the provisions a
No coterus were made by any staxe/Iooal gn for the compelisrzceswitb mview. the fit. Therefore, no furor
envi m==tal review action on your part is required
Best regards.
Sincerely,
aj*?' AI'
Ms. Guys Raaeh
Eavironmerval Policy Act Coordinator
cc: Region I
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McNV Ali Omar
1102 Mdfl Ssrd" Caner
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Michael F. Easley, Governor
^?' ~ 4} William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
' Alan W. Wimek, P.E., Director
Division of Water Quality
January 17, 2003
Mr. Randy E. McCaslin, Town Manager
Town of Kernersville
Post Office Box 728
Kernersville, North Carolina 27285-0728
SUBJECT: FNSI Advertisement
201 Facilities Plan Amendment for
Greater Winston-Salem Facilities Plan
Town of Kernersville Service Area
Project No. CS370571-02
Dear Mr. McCaslin:
This is to inform you that the Finding of No Significant Impact (FNSI) and the
environmental assessment have been submitted to the State Clearinghouse. The documents will
be advertised for thirty (30) calendar days in the N.C. Environmental Bulletin. Advertising the
FNSI is required prior to a local unit of government receiving financial support from the State
Revolving Fund. You will be informed of any significant comment or public objection when the
advertisement period is completed.
A copy of the documents is transmitted for your record. The documents should be made
available to the public.
If there are any questions, please contact me at [phone].
Sincerely,
.t
Daniel M. Blaisdell, P.E., Assistant Chief
for Engineering Branch
Attachment (all cc's)
cc: LZIM Shields, Town of Kernersville
Russell Radford, P.E., Town of Kernersville
Chris Matthews, HDR Engineering
Michael L. Slusher, P.E., Davis-Martin-Powell & Associates
Steve Mauney, DWQ Winston-Salem Regional Office
Larry Horton, P.E.
DMU/PMB/FEU/SRF
nstruction Grants and Loans Section 1633 Mail Service Center Ratei h, NC 275991 b^ ?i i'?
Web Site: www.ncegi.net [phone] Customer Service
FAX [phone]C0 623-7748
i FINDING OF NO SIGNIFICANT IMPACT
AND ENVIRONMENTAL ASSESSMENT
IMPROVEMENT AND INSTALLATION OF
WASTEWATER COLLECTION/TRANSPORT FACILITIES
TOWN OF KERNERSVILLE
RESPONSIBLE AGENCY: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
c:
CONTACT: JOHN R. BLOWE, P.E., CHIEF
CONSTRUCTION GRANTS AND LOANS SECTION
DIVISION OF WATER QUALITY
1633 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1633
TELEPHONE NO. [phone]
STATE CLEARINGHOUSE IDENTIFICATION NUMBER: 01-E-4300-0820
JANUARY 17, 2003
0
0 FINDING OF NO SIGNIFICANT IMPACT (FNSI)
Title VI of the amended Clean Water Act requires the review and approval of environmental
information prior to the construction of publicly-owned wastewater treatment facilities financed by
the State Revolving Fund (SRF). The proposed project has been evaluated for compliance with the
North Carolina Environmental Policy Act and determined to be a major agency action, which will
affect the environment.
Project Applicant: Kernersville, North Carolina
Project Description: The proposed project consists of two (2) independent phases. Phase I
will consist of improvements within the Deep River Basin. Phase Il
will provide sewer services within the Abbotts Creek Basin area and
the Muddy Creek Basin area. Improvements to and installation of the
collection/transport system of both phases will be implemented
concurrently to serve short and long-term needs.
Loan Project Number: CS370571-02
Total Project Cost: $10,443,600
State Revolving Loan: $ 7,500,000
. Local Share: $ 2,943,600
The review process did not indicate significant adverse environmental impacts would result from
implementing the proposed project, and an environmental impact statement (EIS) will not be
required. The decision was based on information in the facilities plan, a public hearing document,
and reviews by governmental agencies. An environmental assessment supporting this action is
attached. This FNSI completes the environmental review record, which is available for inspection at
the State Clearinghouse.
No administrative action will be taken on the proposed project for at least thirty days after
notification that the FNSI has been published in the North Carolina Environmental Bulletin.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality

0 ENVIRONMENTAL ASSESSMENT
A. Proposed Facilities and Actions
Exhibit 1 shows the location of the proposed collection/transport facilities.
Collection/Transport Facilities. Some components of Kernersville's collection/transport system
are not adequate to serve short and long-term needs. The existing pump station that serves the
Deep River Basin area is in poor condition and needs to be replaced. In the Abbotts Creek Basin,
sewage is collected using 8-inch and 10-inch lines that branch off the 12-inch and 15-inch
interceptors, and a 6-inch force main picks up flows from the existing Deep River pump station.
The existing Abbotts Creek pump station was constructed in 1983 when the Abbotts Creek
wastewater treatment plant was abandoned. There is an increasing concern about corrosion of
the station's steel dry pit structure as well as compliance with the current OSHA confined space
regulations. Furthermore, as there is an increasing frequency of failing septic systems in the
unsewered areas of the project, the potential for surface and groundwater contamination and
public health hazards becomes more of a concern. Installation of a public sewer system would
help to alleviate these problems. The Phase 1 work will consist of improvements within the
Deep River Basin including 1800 l.f. of 18-inch interceptor; 24001.f. of 15-inch interceptor;
3300 11 of 12-inch interceptor sewer line along the West Fork Deep River; 33001.f. of 12-inch
interceptor and 28001.f. of 8-inch interceptor sewer line extended west to N.C. 66; a new 1.06
• million gallon per day (MGD) Twin Creek pump station; 73001.f. of 12-inch force main and
50001.E of 18-inch interceptor gravity sewer line to transport flow from the new pump station to
the Phase 2 interceptor along Abbotts Creek. Phase 2 will consist of improvements in the
Abbotts Creek and Muddy Creek basins including 5200 l.f. of 30-inch interceptor and 9700 l.f. of
27-inch interceptor sewer line tributary to a new 6.94 MGD Abbotts Creek Pump Station; 19,000
11 of 20-inch force main and 69001.f. of 36-inch interceptor and 20001.f. of 30-inch interceptor
sewer along the South Fork Muddy Creek to tie into the existing Gum Tree Road Outfall sewer.
B. Existing Environment
Topography and Soils. The town of Kernersville is located in Forsyth County, which is in the
Piedmont physiographic province of North Carolina. The topography ranges from approximately
820 to 890 feet above mean sea level. Most of the land consists of rolling hills and moderately
sloped valley walls. The topography in the project construction corridor is relatively flat with
slight relief. The flood plains of these streams contain microtopographic relief in the form of
flood storage wetlands, concentrating along the toe of upland slopes in backwater areas and in the
larger flats of the flood plain. Dominant surface soil types are: i) well to excessively drained,
rapidly permeable Louisburg-Wedowee loam that occurs on uplands; ii) well-drained stream and
flood-plain soil "Congaree loam"; iii) nearly level, poorly drained flood plain soil "Wehadkee
loam"; iv) well-drained, moderately permeable upland soil "Pacolet clay loam"; and v) nearly
0
• leveled and somewhat poorly drained flood plain soil "Chewacla loam". The surface soil
generally grades into saprolite and then the granitic bedrock.
Surface Waters. The Deep River Basin portion of the proposed improvements is located in the
West Fork Deep River Basin, more specifically in the Cape Fear River Sub-basin 03-06-08,
which is classified as WS-IV from its source to a point 0.3 miles downstream of Guilford County
SR 1850, and rated as "Good-Fair" based on benthic macroinvertbrates and fish community
assessments (NCDWQ, 1998). The Abbotts Creek is located in the Yadkin River Basin (sub-
basin 03-07-07). Abbotts Creek conveys water to Tom-a-Lex Lake near Lexington, NC, and then
converges with the Yadkin River in High Rock Lake near Salisbury, NC. Abbotts Creek is
classified by the NCDWQ as a WS-III from its source to a point 0.5 miles upstream of Davidson
County State Route-1810. The general water quality of Abbotts Creek is considered as "Good-
Fair", and the existing water quality problems are due to a large number of major dischargers in a
relatively small watershed (NCDWQ, 1998). South Fork Muddy Creek, which is located in the
Yadkin River Basin, conveys water to Muddy Creek and then to the Yadkin River in Davidson
County, North Carolina. The NC Division of Water Quality's designation for South Fork Muddy
Creek is 03-07-04 (NCDENR, 2001) with a stream index No. 12-94-13 in the Division's stream
list. The entire South Fork Muddy Creek is classified as Class C Waters and protected for
secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, agriculture,
and other suitable uses. Water quality of South Fork Muddy Creek is rated as "Good-Fair"
(NCDENR, 1998).
• Water Supply. The West Fork Deep River conveys water to Oak Hollow Lake, a water supply
lake used by High Point and is also a tributary to the proposed Randleman Reservoir. Abbotts
Creek and its tributaries convey water to Tom-a-Lex Lake, a water supply for Thomasville and
Lexington. The town receives its water supply from surface and subsurface sources. Most of the
water supply cornes from the surface, with a supplemental source from wells.
C. Existing Wastewater Facilities
The Winston-Salem/Forsyth County Utility Commission owns and operates the sewer system in
the town of Kernersville. There are approximately 13,300 inch-miles of sewer in the overall
Utility Commission system. The current wastewater flow from the project area is estimated to be
0.90 MGD. The service area flow is expected to expand to 1.37 MGD in 2020. The wastewater
generated in the Deep River, Abbotts Creek, and South Fork Muddy Creek basins is treated at the
Muddy Creek WWTP (NPDES 0050342), which is owned and operated by the Utility
Commission. The Muddy Creek WWTP was recently upgraded to 21 MGD, and current flows at
the WWTP are averaging approximately 15 MGD. The town of Kernersville's sewer
components vary from recent construction to approximately 50 year-old facilities. The existing
Deep River pump station and sewers were constructed in the 1970s, and the Abbotts Creek pump
2
LI
. station and force main in 1982. The pump stations are reaching the end of their useful life and
are in need of replacement or upgrade. The town's collection system is subject to some inflow
and infiltration, especially the former. The study by CDM indicated that infiltration is not
excessive. However, in 1998, inflow reached 368 gpd per capita for the area currently served by
the existing Abbotts Creek pump station. Thus inflow is considered excessive for the area
currently served by the existing Abbotts Creek pump station. The Winston-Salem/Forsyth
County Utility Commission has targeted the Abbotts Creek basin sewers for rehabilitation.
D. Need for Proposed Facilities and Actions
Kernersville has experienced rapid growth from 1990 to date, averaging over 4.8% per year.
From 2000 to 2001 the town's population increased more than 13% from 17,126 to 19,361,
making Kernersville one of the fastest growing municipalities in the state. This growth trend is
expected to continue for the next 20 years, with a projected average growth rate of 6.7% per year.
Facing the dilemma of the robust development and the aged sewer collection system, it is
necessary for the town to construct the proposed project in order to protect water quality from
overflows to surface waters and to maintain public health conditions by eliminating the public's
exposure to untreated wastewater. The proposed facilities are also needed to provide sewer
service to developing areas.
E. Alternatives Analysis
• The town of Kernersville needs to install wastewater transport facilities to serve the existing and
future wastewater needs. Accordingly, a 201 facilities plan was prepared and several alternatives
were evaluated. The "no-action" alternative was determined to be unacceptable because the
existing transport facilities are inadequate, and wastewater spills could degrade water quality and
threaten public health. No-action could not only jeopardize the capacity for future growth but
also result in civil penalties being imposed. The optimum operation of existing facilities is
essentially the same as the "no-action" alternative given the fact that the existing pump stations
have been upgraded several times in the past and are now operating at their maximum capacities.
There is little extra capacity in the existing force mains, and the gravity interceptor down Fiddlers
Creek is overloaded. Therefore, the evaluation focused on various options to transport and treat
immediate and future flows from the service area, which consists of the Deep River basin, the
Lower Abbotts Creek basin, and portions of the Swaim Creek and Muddy Creek basins. The
first of these alternatives considered improvements to the existing Abbotts Creek pump station
and constructing new parallel force mains along Fiddlers Creek with treatment at the Muddy
Creek wastewater treatment plant. This alternative was determined not feasible since it would
not provide facilities for the entire service area. The remaining alternatives considered
constructing either one or two wastewater treatment plants in the service area, and two
configurations for transporting flows to the Gum Tree Road outfall with treatment at the Muddy
0
. Creek wastewater treatment plant. Based on the evaluation of the remaining alternatives, one of
the configurations for transporting flows to the Gum Tree Road outfall with treatment at the
Muddy Creek wastewater treatment plant was selected for this project. The selected alternative
requires constructing, in two phases, two pump stations and installing approximately 42,4001.f.
of 8-inch to 36-inch gravity sewer lines, 7,300 l.f. of 12-inch force main, and 19,0001.£ of 20-
inch force main.
F. Environmental Consequences, Mitigative Measures
This project will include the construction of a significant amount of force main and gravity sewer
on private easements. Many of the easements will generally follow existing watercourses. The
construction will cross previously undisturbed land and affect multiple natural resources
including soils, wetlands, agriculture, water resources and forest vegetation. Because the town is
located within the West Fork Deep River basin, the recently adopted Randleman Watershed
regulations are in effect and will be enforced by the town and Forsyth County. The Randleman
Watershed regulations have set stringent policies and restrictions to protect water quality from
development and growth. The town and Forsyth County also have adopted several measures
included in their Unifier Development Ordinances (UDO), which provide stringent and detailed
protection to water quality, storm water, and floodplain resources. In the West Fork Deep River
basin, it is anticipated that the proposed project will require clearing approximately seven (7)
acres of wooded land, temporary alteration of forested wetlands to herbaceous and scrub-shrub
wetland with no net loss of wetland, and temporary displacement of fish and benthic organisms
• at the stream crossings. In the Abbotts Creek basin, it is anticipated that the proposed
construction corridor will impact 1.5 acres of temporary wetland, 0.37 acres of permanent
wetland, and approximately 14 acres of forest will be cleared. However, the impacts on forest
resources will be minimized through implementation of conservation practices, such as those
measures identified in the Unified Development Ordinance. In the South Fork Muddy Creek
basin, the proposed project consists of constructing 30-inch and 36-inch gravity sewer lines with
a total of 60 l.f. of stream crossings. No significant adverse impacts to topography, public land,
scenic, recreational and State Natural Areas, air quality, groundwater quality, water supplies,
shellfish or fish and wildlife and their habitats, protected species, or natural resources are
anticipated in the proposed project. Surface water quality impacts will be minimized by using
sediment and erosion control techniques and other conservation measures. The Corps of
Engineers will evaluate the proposed project to determine its 404 permit conditions. A 401
Water Quality Certification will be required from the North Carolina Division of Water Quality.
The N.C. Department of Cultural Resources has determined that the proposed project should
have no significant adverse impact to architectural, historical, or archaeological resources. The
U.S. Fish and Wildlife Service indicated that the proposed project site appears not to contain
suitable habitat for any federally-listed species. The N.C. Wildlife Resources Commission
(WRC) evaluated the proposed project and has concerns about the secondary and cumulative
4
0
• impacts that the proposed sewer will have on habitats and the environment. WRC has
recommended that the town of Kernersville and Forsyth County address secondary and
cumulative impacts by conducting a review of existing conditions in the affected areas and
subbasins, as well as the land use changes that will be facilitated by the utility. The town of
Kernersville has presented a secondary and cumulative impacts mitigation plan that covers the
portion of the service area within the town's jurisdiction. The Winston-Salem/Forsyth County
Utilities Commission has stated that they will not serve any areas in Forsyth County's
jurisdiction until development standards, similar to, but not less stringent than the town of
Kernersville's, are in place with respect to areas set ved by the Abbotts Creek sewer project. It is
recommended that jurisdictional wetlands be professionally delineated using USGS maps, soil
survey maps, and site specific investigation in the areas where construction is planned. The town
of Kernersville and Forsyth County ordinances limit encroachment in the floodplain to that
which would result in no more than a one-half foot rise in flood elevation.
G. Public Participation, Sources Consulted
A number of public meetings have been held and various aspects of the project have been
discussed at town Planning Board meetings. The dates of the meetings were January 18, 2001;
April 3, 2001; May 29, 2001; and August 7, 2001. A public hearing on the selected alternative
was held on January 7, 2003. During the hearing, the town presented a summary of the selected
alternative and the project funding sources. Several citizens spoke at the hearing, and a letter
was submitted requesting that the town identify riparian areas prior to proposing future
. development. Some opposition to the project was expressed that centered mainly on the
potential elimination of a scheduled sewer user charge rate reduction. The town staff and Board
explained that the current typical user rate of $17.81 per month for a residential customer using
5000 gallons of water may remain unchanged as a result of implementing this and other planned
utility projects.
Sources consulted about this project for information or concurrence included:
1) Town of Kernersville
2) Winston-Salem/Forsyth County Utility Commission
3) North Carolina Department of Environment and Natural Resources
-Wildlife Resources Commission
-Division of Parks and Recreation
-Division of Air Quality
-Groundwater Section
-Division of Environmental Health
-Water Quality Section
-Division of Forest Resources
0
• -Winston-Salem Regional Office
-Legislative and Intergovernmental Affairs
4) North Carolina Department of Cultural Resources
5) North Carolina State Clearinghouse
6) U.S. Fish and Wildlife Service
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Town of Kernersville 201 Facilities Plan
Environmental Assessment Addendum
Secondary and Cumulative Impact Mitigation Plan
Background
The Town of Kernersville (Town) and City of Winston-Salem/Forsyth County Utility Commission
(Commission) have coordinated in the submittal of a 201 Facilities Plan (201 Plan) for the Deep
River, Lower Abbotts Creek, and South Fork Muddy Creek service areas (Figure 1). This
submittal has been through several revisions of both the 201 Plan and its associated Environmental
Assessments (EA). The original EA for the 201 Plan was reviewed and a response issued on
August 24, 2001. The primary focus of the comments was on the potential secondary and
cumulative impacts (SCI) to the service areas delineated in the 201 Plan. A•follow-up submittal in
January 2002 satisfied many of the original review concerns. However, several review comments
focused on the fact the Legacy Development Guide (LDG) was only a guide and lacked
enforceability. In addition, the enforceability of the Unified Develop Ordinance (UDO) was also
questioned. The UDO is not a guide, as it may have been presented or perceived, and is more
fully addressed under "current measures" below. Since this submittal, the Town and Commission
have met and worked with various representatives of the North Carolina Department of
Environment and Natural Resources (NCDENR) on several occasions to clarify any
misunderstandings regarding ordinances, procedures, and guidelines, and to achieve a satisfactory
strategy that further addresses the SCI concerns for the 201 Plan.
The following items are the major concerns documented throughout this process regarding SCI
from future development within the service areas. Please note that additional minor or associated
concerns may have been raised; however, they will be addressed through the mitigation measures
applied to the following primary issues.
• Loss of forest habitats and their associated wildlife due to land clearing activities.
• Incremental impacts from development to both perennial and intermittent streams and
headwater wetlands.
• New impervious surfaces associated with development causing increased stormwater quantity
and decreased quality, which may degrade downstream aquatic environments.
• Increased flood levels, frequency, and velocity from new development within the extended
sewer service area.
0
The purpose of this document is to present the goals of the proposed SCI Mitigation Plan (SCI
Plan), more clearly describe and illustrate the methods and processes already utilized to achieve
these goals as well as proposed measures and ordinances, and provide adequate documentation of
the enforcement of these measures as demonstrated in the first major development proposed
within the service area, the Caleb's Creek development. Additional documentation expanding on
the measures described in this document are included and referenced in the following sections as
appropriate.
Plan Goals
The overall goal of this SCI Plan is to adequately prevent significant environmental impacts
resulting from future development from occuring within the service areas shown in Figure 1. In
order to achieve this goal, the following objectives have been defined:
• Preservation of wildlife habitat and forested areas to the maximum practical extent.
• Protection of intermittent and perennial streams, and their associated riparian buffers.
• Control and treatment of stormwater from developed areas.
• Protection of Federal Emergency Management Agency (FEMA) regulated flood plains.
• Coordination of efforts with other local authorities with jurisdiction over the service areas.
Plan Details
Current Measures
The SCI Plan will be implemented through continued application and enforcement of existing
ordinances and procedures along with development and implementation of additional ordinances.
Currently all of Forsyth County, including Winston-Salem, Clemmons, Lewisville, and
Kernersville are regulated under the UDO, which is a 1,300 page regulatory document enforced by
law. The UDO affects land use, zoning ordinances, environmental ordinances, and subdivision
ordinances/regulations. The UDO is not a guide, rather a compilation of ordinances affecting the
entire county. Several existing ordinances and procedures that contribute to the goals established
previously include the following: Special/Conditional Use Zoning procedure, stormwater
management plan requirements for all new developments, and environmental protection
ordinances within the UDO, which include the watershed protection ordinance, floodway and
floodway fringe protection, and subdivision approval procedures with detailed review.

Kernersville 201 Facilities Plan EA Addendum 2 September 2002
Secondary and Cumulative Impact Mitigation Plan
•

Special/Conditional Use Zoning Procedure
This procedure is initiated when a rezoning request is submitted for a tract of land in the Town's
jurisdiction. The procedure must be followed for all property zoned for agriculture (AG) that will
be converted to residential lots of less than one acre. The majority of properties within the Lower
Abbotts Creek area are zoned AG. The Town uses Special Use District Zoning, or Conditional
Use Zoning as it is often referred to, for areas in which the permitted density is less than the
requested density. This process enabled the Caleb's Creek development to be zoned as a Mixed-
Use Special Use District (MU-S), in which stringent special use zoning conditions were imposed
to address environmental protection and open space, among other issues. The special use
conditions placed on Caleb's Creek are described subsequently and included in Appendix D.
Stormwater Management Plan
The Town places a standard stormwater management plan condition on all zoning and subdivision
approvals where significant grading or runoff is anticipated. Final designs are required to include
provisions to treat stormwater runoff where feasible with curb cuts, grass-lined swales and
waterways, and natural stormwater conveyance buffers. The plan requires Best Management
Practices (BMPs) in high-density developments and compliance with the Town's Watershed
Protection Ordinance and NCDENR regulations. A development project plan is approved only
after all appropriate measures are adequately designed and clearly illustrated on the plan. This
standard condition is included in Appendix E.
Forsyth County Watershed Protection Ordinance
The Forsyth County Watershed Protection Ordinance includes the WS-III Abbotts Creek
watershed. These rules, included in Appendix F, require the following:
• Density requirements of two units per 40,000 square feet or less than 24 percent built upon
area.
• In Special Intense Development Allocation (SIDA) areas, a maximum of 70 percent
impervious surface is allowed on no more than 10 percent of the WSW area. The SIDA has
additional requirements including:
o Control runoff from the first inch of rainfall.
o Minimize impervious area.
o Direct stormwater to detention ponds.
Kernersville 201 Facilities Plan EA Addendum
Secondary and Cumulative Impact Mitigation Plan
3
September 2002
• Minimum 30-foot buffers along all perennial streams shown on United States Geological •
Survey (USGS) maps, and 100-foot buffers in SIDA areas.
Kernersville Watershed Protection Ordinance
Within the Deep River portion of the service areas, the Town has implemented the Deep River
Watershed Riparian Areas Ordinance (Appendix F), which implements the following measures:
• Minimum 50-foot riparian areas established on all sides of surface water bodies, including
intermittent and perennial streams.
• The riparian area is divided into a 30-foot undisturbed area (Zone 1) and a 20-foot area
(Zone 2) where limited grading and revegetation can occur.
Floodway and Floodway Fringe Protection
The UDO includes protection of floodways and floodway fringes that exceed current FEMA
standards. The following rules apply to all FEMA regulated streams within the County, and are
fully described in Appendix G:
•
• Encroachment may not include more than 50 percent of the floodway fringe on the zoning lot.
• Encroachment may not extend more than half-way from the outer edge of the floodway fringe
to the outer edge of the floodway at any point.
• On streams without established base flood elevations and floodways, the floodway width will
be the greater of five times the width of the stream or 20 feet from the top of bank.
A cross-section showing the protected floodway and floodway fringe as compared to standard
FEMA protection is included in Appendix G. Although some fill is allowed within the floodway
fringe, this is only permitted during site plan review if it is impractical to avoid the floodplain
entirely.
Subdivision Ordinance
The UDO includes a subdivision ordinance (Appendix H) that outlines the review and approval
procedure for both minor and major subdivisions. This ordinance requires that plats for all major
subdivisions be approved by the Planning Board and include:
• Delineated wetlands.
Kernersville 201 Facilities Plan EA Addendum 4 September 2002
Secondary and Cumulative Impact Mitigation Plan
• Drainage easements.
• Floodways and floodway fringes.
• Conservation areas and open space required in the zoning conditions.
• Natural features and topography.
This final plan approval serves as an enforcement measure to assure that special use conditions
and ordinances have been complied with during the design of the development.
Future Measures
Lower Abbotts Creek Sewer Service Area Watershed Protection Rules
Based on previous comments and suggestions from the 201 Plan review, and in coordination with
regulatory personnel from NCDENR, the Town has prepared an ordinance to address the major
issues of concern for the jurisdictional area shown in Figure 1. These watershed rules are included
as Appendix C. In summary, the rules are based on the previously described Deep River
Watershed Protection Rules with some modifications including:
• The rules will apply to:
o All tracts of land greater than 5-acres;
o Multiple tracts of the same development project which exceed a cumulative total of
5-acres;
o Nonresidential and non-civic/institutional land uses greater than 2-acres.
• Zone 1 shall average 30 feet and only be less than 30-feet for recreational, utility, roadway and
other public purposes.
• Zone 2 will extend from the edge of Zone 1 to 50 feet from the top of bank.
• A developer shall accurately delineate all buffers on a site plan and record the buffers on the
final plat.
• Connectivity of riparian buffers shall be incorporated into land planning and design. A
disconnected riparian buffer will be considered in locations where the full buffer width is
impractical due to the aforementioned exemptions.
• Stormwater control devices will not be allowed in the floodplain unless no practical alternative
exists. Fill within the floodplain will be regulated as previously described.
This ordinance is scheduled for adoption during October 2002. A diagram illustrating the buffer
• averaging method is included in Appendix C. The site plan review described below will be
conducted with the intention to not include large impervious surfaces, such as tennis courts, in the
Kernersville 201 Facilities Plan EA Addendum 5 September 2002
Secondary and Cumulative Impact Mitigation Plan
allowable recreational purposes but allow uses such as fairways, greenways, and trails.
Institutional tracts include churches, schools, and other uses that benefit the public as a whole, but
do not include commercial developments such as shopping centers and gas stations.
Legacy Development Guide - Adopted 2001
The LDG described general policies and issues for all of the County to use as a planning and
decision-making tool. This LDG was described in detail in the Lower Abbotts Creek EA
submitted January 2002. Specific measures in the LDG are not addressed here, due to the
preparation of the more detailed Area Plan described in the next section. The LDG document is
directly referenced throughout the January 2002 edition of the UDO
(http://www.co.forsyth.nc.us/ccpb/udo.htm). This shows documented intent to follow through
with the guidelines and environmental stewardship described in the LDG. An updated Impact
Matrix (Table 1) for the January 2002 EA documents the specific Action Plan Items in the LDG.
A general schedule of implementation is included in the LDG with each Action Plan Item.
Union Cross/Southeast Forsyth County Area Plan - 2002 Draft
Although not an enforceable document at this time, a draft area plan has been prepared for Union •
Cross and Southeast Forsyth County (Appendix I). This area plan continues to expand on issues
and policies described in the LDG for the entire County, and outlines more specific measures
related directly to the local area. Although previous review of the 201 Plan questions the lack of
enforceability of the Legacy Plan, the Area Plan shows the continued progression toward
environmental stewardship that is occuring within the County. This progression will eventually
result in the implementation of additional ordinances and protections through the joint cooperation
of local government, general public, and interested parties. As mentioned previously, LDG
references are already incorporated into the UDO zoning procedures.
The Area Plan includes the following policies that more specifically address general guidelines
laid out in the Legacy Plan:
• Develop design guidelines and update the UDO to require Conservation or Traditional
Neighborhood Developments (TND).
• Concentrate development around identified Activity Centers and strive to preserve remaining
areas.
• Use the existing GIS system to identify perennial and intermittent streams and amend the
UDO to protect them. •
Kernersville 201 Facilities Plan EA Addendum 6 September 2002
Secondary and Cumulative Impact Mitigation Plan
• Require riparian buffers to the edge of the floodway fringe on FEMA regulated streams, and
50 feet on other streams.
• Create a digital layer for all existing wetlands and amend the UDO to ensure protection in
addition to Federal and State standards.
• Create a natural constraints map identifying areas above and amend the UDO to require
developers to consider these areas when formulating plans.
• Use BMPs to ensure the quality of post-construction stormwater runoff meets or exceeds pre-
construction runoff.
• Analyze current watershed regulations and amend the UDO to further restrict development
within water supply watersheds.
• Enforce proper erosion control techniques, stream preservation, and other environmental
protection during construction.
Jurisdictional Issues
Figure 1 presents the jurisdictional boundaries of the County, City, and Town as they relate to the
service areas proposed in the 201 Plan. This mosaic of regulatory authority is complex, and
different ordinances and plans apply to different areas.
The Town has annexed the Caleb's Creek properties, but does not currently have authority over
the remaining Lower Abbotts Creek Service Area. However, the portion of the Lower Abbotts
Creek service area outside the Town's jurisdiction is within the Annexation Agreement zone,
shown in Figure 1.
The remaining service area, South Fork Muddy Creek, is solely under the County's jurisdiction.
As shown in the correspondence in Appendix J, the County is willing to continue the planning and
ordinance establishment process in order to achieve similar goals as this proposed SCI Plan. This
willingness has been exemplified in the inclusion of references to the LDG in the current UDOs
and the continued application of the ideas of the LDG in the more detailed Union Cross/Southeast
Forsyth County Area Plan. However, the County is not willing to bypass the standard planning,
public participation, and ordinance making procedures that arc already in progress.

Kernersville 201 Facilities Plan EA Addendum 7 September 2002
Secondary and Cumulative Impact Mitigation Plan
SCI Plan Implementation Process 0
The measures described above combine to form a comprehensive plan for protection of the
environment within the 201 Plan Service Areas. Environmental protection is achieved through
implementation of these rules by the local municipalities for each proposed development. The
Town and County have similar site development and plan review processes. The Town's process
is detailed below since it will be the local authority in the majority of the Lower Abbott's Creek
Service Area of the 201 Plan.
When a request for rezoning is submitted, Town staff review the plan for 10 days. At the end of
the review period, the Development Review Committee (DRC) meets to discuss the design. A
meeting is then held between the DRC, the developer, and the designing engineer to discuss the
plan. Upon conclusion of this meeting, the developer has five days to resubmit the plan based on
the comments received from the DRC.
This pre-design meeting is the medium for implementation of the various ordinances described
previously. The Town staff review each plan for discrepancies from the environmental and other
ordinances. This process controls the amount of environmental impact while taking into account
site-specific restrictions. Although the ordinances allow some environmental impact to occur, the
DRC objectives include:
• Avoidance of floodplain impacts.
• Protection of wetlands.
• Preservation of open drainage systems.
• Review all practical alternatives to the proposed impacts.
Filling within the floodway fringe, as allowed per the UDO, and other impacts are only approved
through this process when no practical alternatives are available. In addition to this review, each
development must comply with federal and state regulations including:
• U.S. Army Curps of Engineers wetland permitting for impacts usually over 0.1 acres.
• NC Division of Water Quality wetland certifications for impacts above.
• NC Division of Land Resources for sediment and erosion control permits for land clearing
over 1 acre.
•
Kernersville 201 Facilities Plan EA Addendum 8 September 2002
Secondary and Cumulative Impact Mitigation Plan
These authorities overlap with the watershed protection, stormwater management, and flood plain
protection of the local jurisdictions to ensure adequate protection of the environment during the
development process.
SCI Plan Example: Caleb's Creek Development
Although all of the environmental measures suggested in the LDG are not codified ordinances, the
Caleb's Creek development process and subsequent conditional use zoning requirements can be
used as an ongoing example of how environmental protection is implemented during the
development process. Although the development is still under design and no final plans are
available, the developers have supplied preliminary design information included in Appendix D.
This development has been approved as MU-S through the zoning procedure previously described.
The Planning Board Report and Special Use District Permit (SUDP) presented in Appendix D
document the rezoning process and resulting conditions with which the developers must comply.
These conditions include the following:
• Density "pods", which cluster the residential, commercial, and recreational land uses and
increase available land for conservation and open space.
• • Conservation areas, golf course, and a park of at least 311 acres (approximately 33 percent of
the development).
• Conservation areas will be dedicated as a public recreation and greenway easement.
• A 30-foot public access easement and walkway will be established to the northern
conservation area.
• A stormwater management plan prepared by a professional engineer to control stormwater
runoff through measures such as curb cuts, grass-lined swales, waterways, and wetlands.
• The Town shall review all stream mitigation projects to ensure maximum benefits.
In addition to these SUDP conditions, the developer has proposed to include the following
measures with the design (Appendix D):
• A 60 percent minimization of perennial stream crossings in the golf course design, including:
o Lower Abbotts Creek crossings reduced from two (conceptual design) to one or possibly
zero.
o Pine Tree Branch crossings reduced from three (conceptual) to two.
• Incorporation of golf course "rough" areas in with the vegetative buffers on streams, lakes,
ponds, and wetlands. This will decrease riparian buffer impacts.
Kernersville 201 Facilities Plan EA Addendum 9 September 2002
Secondary and Cumulative Impact Mitigation Plan
• Evaluation of stream bank stabilization and stream restoration within the limits of the golf
course to enhance the aesthetics and functional attributes of the existing stream corridors. i
• Implementation of a BUT program that incorporates a variety of chemical, biological and
cultural practices to maximize resources while minimizing risk to the environment. Measures
include:
o Chemical applications only during low wind conditions.
o Avoiding chemical applications during wet conditions.
o "Water-in" chemical applications as soon as possible.
o Avoiding spreading chemical applications over impervious surfaces or water bodies.
o Utilizing slow-release fertilizers.
Again, it must be noted that the aforementioned conditions were generated through the existing
ordinances and LDG implementation, without the additional protections from the proposed Lower
Abbotts Creek Sewer Service Area Watershed Protection Rules. However, the developers of
Caleb's Creek intend to comply with these rules, as well as avoiding fill in the floodplain.
Summary
The existing ordinances, new ordinance, and planning documents described above combine to .
form a comprehensive mitigation plan for potential SCI that may occur within the proposed
service areas of the 201 Plan. These measures suffice to reduce the SCI to less than significant
levels. As stated in the January 2002 EA, the SCI expected from the no action alternative will be
greater than those associated with the 201 Plan and these mitigation measures. This projected
baseline condition would include significantly higher impacts due to the lack of sewer service.
Developments would need larger lot sizes for septic fields, and therefore involve increased land
clearing and environmental impacts. The proposed sewer lines would be the driving force behind
annexation into the Town's jurisdiction, and therefore the proposed riparian buffers would not be
implemented in the Lower Abbotts Creek Service Area.
Table 1 summarizes the affected resources and specific mitigation measures that apply to the
impacts. Table 2 relates the proposed mitigation measures to their effect on the various resources.
Many of the mitigation measures are included in the various appendices following this document.
Additional information regarding the UDOs and LDG can be found at
http://www.co.forsyth.nc.us/ccpb/udo.htm and http://www.co.forsyth.nc.us/ccpb/legacy.htm,
respectively. The LDG Action Plan items, which are referenced in Table 1, include specific
references to locations in the LDG that thoroughly describe each item.
0
Kemersville 201 Facilities Plan EA Addendum 10 September 2002
Secondary and Cumulative Impact Mitigation Plan
9
•
1]
Each of the previously described SCI Plan goals is listed below along with a brief summary of
how the measures described throughout this document achieve the specific objective.
• Preservation of wildlife habitat and forested areas to the maximum practical extent.
Riparian buffers, density and built-upon limits, and floodplain protection will serve to protect
large areas of habitat along streams and floodplains. Connectivity between buffers within the
Lower Abbotts Creek Service Area will be maintained, which will provide wildlife corridors
throughout the area. In addition, providing sewer service to the 201 Plan area will reduce land
clearing and habitat disruption from large lot clearings for septic fields.
• Protection of intermittent and perennial streams, and their associated riparian buffers.
The Forsyth County Watershed Protection Ordinance, Kernersville Watershed Protection
Ordinance, and Lower Abbotts Creek Sewer Service Area Watershed Protection Ordinance all
serve to protect intermittent and perennial streams identified through jurisdictional
delineations of each site and site plan review by the local authority. Mapping of these streams
and wetlands is required prior to plan review by both the Town and County in addition to the
Corps of Engineers.
• Control and treatment of stormwater from developed areas.
Stormwater management is required by the Standard Stormwater Condition placed on all
developments. High-density developments are required to implement increased stormwater
controls and BMPs.
• Protection of Federal Emergency Management Agency (FEMA) regulated flood plains.
Floodplains are protected through the Floodway and Floodway Fringe Protection Ordinance,
which limits fill within the floodplain to levels well below FEMA requirements. In addition,
fill within the floodplain is only allowed during site plan review and approval if there is no
practical alternative.
• Coordination of efforts with other local authorities with jurisdiction over the service
areas.
The Town has initiated coordination of the mitigation efforts with the County. Although, the
County is progressing toward similar mitigative measures, they are not willing to disrupt their
ongoing planning process evidenced by the LDG, Area Plan, and incorporation of the LDG
into the UDOs. However, this process shows willingness to promote similar environmental
protections.
Kernersville 201 Facilities Plan EA Addendum
Secondary and Cumulative Impact Mitigation Plan
11
September 2002
In addition, the Area Plan and Caleb's Creek documentation show how local government
processes are continuing to focus on environmental stewardship. Even current developments are
individually complying with existing environmental ordinances and future concerns to reduce
environmental impacts. This mitigation plan was designed to sufficiently address SCI concerns
raised throughout the 201 Plan review, and serve as documented mitigation for the issuance of a
Finding of No Significant Impact for the EA. Furthermore, the aforementioned Plan will decrease
environmental impacts well below the anticipated baseline impacts from the No Action
Alternative described in detail in the January 2002 EA.
•
•
Kernersville 201 Facilities Plan EA Addendum 12 September 2002
Secondary and Cumulative Impact Mitigation Plan
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TABLE 2
ABBOTTS CREEK ENVIRONMENTAL ASSESSMENT
MITIGATION MEASURES
,.?NL4 akonlVle.2nire ,"'i' Xtfectet,2esRUTCe:-. Effectis?f?
Soils Reduces erosion and prevents soil loss
Stormwater Management Plan Water Resources Decreases sedimentation and stormwater velocity and improves water quality
Fish/Shellfish Improves water quality and prevents degradation of aquatic habitat
Land Use Restricts development within WSW, minimizes impervious area
Wetlands & Streams Protects perennial streams and any associated wetlands within the buffer (30' to 100

Forsyth County Watershed
Water Resources Restricted development and required buffers decrease degradation of aquatic habitat and improve
water quality
Protection Ordinance ForestNe etation Buffer requirements reserve riparian vegetation
Fish/Shellfish Improved water quality improves aquatic habitat
Wildlife Preserves habitats within buffers
Protected Species See Fish/Shellfish and Wildlife

Land Use Prevents land use changes within 30' of intermittent and perennial streams (Zone 1), and limits land
use thanes within an additional 20' buffer (Zone 2)

Kemersville Watershed Protection
Wetlands & Streams Preserves intermittent and perennial streams through buffer restrictions; also preserves wetlands in
association with the streams (i.e. within 50)
Ordinance [Deep River Watershed Water Resources Riparian areas reduce degradation of aquatic habitat and improve water quality
Riparian Areas] Forest/Ve etation Preserves ri arian vegetation within 30' to 50' of streams
Fish/Shellfish Improved water quality also improves aquatic habitat
Wildlife Preserves habitats within buffers
Protected Species See Fish/Shellfish and Wildlife
Topography Reduces filling of designated flood lain to 50% of floodwa fringe
Wetlands & Streams Reduces filling of flood lain wetlands and acts to buffer streams with flood plains
Floodway and Floodway Fringe Water Resources Maximizes flood storage which reduces downstream erosion
Protection Fish/Shellfish Decreased erosion prevents degradation of habitat
Wildlife Preserves of flood lain habitats
Protected Species See Fish/Shellfish and Wildlife

Land Use Prevents land use changes within an average 30' (Zone 1) of intermittent and perennial streams, and
limits land use in the remaining buffer u to 50' from the stream (Zone 2)
k S
L
bb
C Wetlands & Streams Protects intermittent and perennial streams above and associated wetlands within the buffers
ower A
otts
ree
ewer
Service Area Watershed Protection Water Resources
Forest/Vegetation Stormwater treatment prevents degradation of water quality, and reserves aquatic habitat
Preserves riparian vegetation
Rules Fish/Shellfish Improved water quality improves aquatic habitats
Wildlife Preserves habitats within buffers
Protected Species See Fish/Shellfish and Wildlife
Soils Buffers, Greenwa s, and Open Spaces limit land clearing
Land Use Buffers, Greenwa s, and Open Spaces restrict development
Agriculture Rural Area reservation
i Water Resources Buffers and Greenwa s improve water quality and reserve habitat
Legacy Development Gu
de Forest/Vegetation Buffers, Greenwa s, Open Spaces, and Tree Protection reserve forest habitat
Fish/Shellfish Buffers and Greenwa s improve and reserve aquatic habitat
Wildlife Buffers, Greenwa s, and Open Space reserve habitat
Protected Species See Fish/Sheflfish and Wildlife

Topography Riparian buffers to the edge of the floodway fringe on FEMA regulated s`Yreams and 50-foot buffers on
other streams - protects flood lain development

Land Use Emphasize cluster development and try to preserve remaining areas; Include natural constraints when
formulating plans

Wetlands & Streams Use GIS to identify perennial and intermittent streams and wetlands and amend the UDO to protect
them
Union Cross/Southeast Forsyth
County Area Plan

ater Resources
Wetland & stream protection improves water quality and conserves aquatic habitat; BMPs prevents
decrease in stormwater quality; further restrict development within WSW; enforce the use of proper
erosion control techniques, stream reservation, and other environmental protection

Forest/Vegetation Buffer and flood plain requirements preserve riparian vegetation within 50 feet of streams or
throughout floodwa and fringe
Fish/Shellfish Improved water quality improves aquatic habitat
Wildlife Preservation of habitats within buffers and wetlands
Protected Species See Fish/Shellfish and Wildlife
00162-201-018
Abbotts Creek SCI Plan
- August 2002
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E
CHA PTER C - ENVIRONMENTAL ORDINANC
ART ICLE I - PURPOSE AND AUTHORITY
1-1 SHORT TITLE
This Ordinance shall be known and may be cited as the Environmental Ordinance, except as referred to
herein, where it shall be known as this Ordinance.
1-2 PURPOSE
The purpose of this Ordinance is to promote the health, safety, and general welfare of the residents within
Kemersville through the stated regulations of this Ordinance. An additional purpose of this Ordinance is to
implement the goals, objectives, and policies of the Kemersville Land Use Plan as amended, including any
specifically related land use plans, development guides, and the Transportation Plan.
1-3 JURISDICTION
The provisions of this Ordinance shall apply to the Town of Kemersville, North Carolina.
1-4 AUTHORITY
1-4.1 STATE LAW
This Ordinance is adopted pursuant to the Environmental Policy Act of 1971, the Water Supply Watershed
Protection Act of 1989, and the North Carolina Sedimentation Pollution Control Act of 1973, as amended.
1-4.2 INTENT
The intent of the adopting jurisdiction is to exercise its available power as authorized in the statutes cited in
Section 1-4.1 to the maximum extent possible, as more fully set forth herein.
1-4.3 AMENDMENTS
This Ordinance may be amended in accordance with the provisions of this Ordinance as required in Section
10-2 or allowed by subsequent legislative enactments.
1-5 COMPLIANCE
1-5.1 COMPLIANCE WITH PROVISIONS
No building, premises, or structure shall be used, constructed, erected, modified, altered, converted,
occupied, placed, maintained, removed or moved, and no land use shall be commenced, maintained, or
modified except in compliance with the provisions, restrictions, and procedures set forth herein.
1-5.2 VESTED RIGHTS
Development rights perfected prior to the effective date of this Ordinance shall be subject to the legal
requirements under which the rights were perfected, unless and until such vested rights are withdrawn or
expire in accordance with law.
1-5.3 MULTIPLE USES
In cases of two (2) or more principal uses on the same zoning lot, the regulations for each use shall apply to
that portion of the structure or land so used.
1-5.4 MINIMUM REQUIREMENTS
The requirements contained in this Ordinance shall be the minimum requirements for administration,
enforcement, procedures, restrictions, standards, uses, variances, and all other areas addressed by this
Ordinance; and, if any other existing ordinance or regulation allows lesser regulation, this Ordinance shall
govern, so that in all cases, the more restrictive limitation or requirement shall govern.

319
1-6 SEVERABILITY 0
1-6.1 INVALIDATION OF PORTIONS OF ORDINANCE
Should any section, sentence, clause, phrase, or word of this Ordinance be held invalid or unconstitutional
by a court of competent jurisdiction of either the State of North Carolina or of the United States, such
decision shall not affect, impair, or invalidate the remaining parts of this Ordinance. The remaining parts
shall remain in effect without the invalid provision, and to that extent they are severable.
1-6.2 INVALIDATION OF APPLICATION
This invalidation of the application of any provision of this Ordinance to any particular property or
structure, or to any particular properties or structures, by any court of competent jurisdiction, shall not
affect the application of such provision to any other property or structure not specifically included in such
invalidation.
1-6.3 PRESUMPTION
When an administration officer or board authorizes regulatory action, it shall be conclusively presumed that
such officer or board would not have authorized such action except in the belief that such action was
lawful.
1-7 CONFLICTING PROVISIONS
1-7.1 CONFLICT WITHIN ORDINANCE
Where a conflict exists between any limitations or requirements in this Ordinance, the more restrictive
limitation or requirements shall prevail.
1-7.2 CONFLICT WITH OTHER ORDINANCE OR LAW
Where a conflict exists between the provisions of this Ordinance and any other ordinance or law, or where
the provisions of this Ordinance impose overlapping or contradictory regulations, the most restrictive
provision or the one which imposes the highest standards or requirements shall prevail.
1-8 DEFINITIONS
The definitions contained in the individual sections and in the Definitions Ordinance shall apply to this
Ordinance. Words and phrases not so defined shall have their common meaning.
1-9 ILLUSTRATIONS
Illustrations are provided for purposes of describing, clarifying, or providing examples of portions of the
text, and do not replace or limit the text unless so stated in the text.
1-10 CUMULATIVE REQUIREMENTS
The requirements of this Ordinance are cumulative.
L?
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CHAPTER C - ENVIRONMENTAL ORDINANCE
ARTICLE II - FLOODWAY AND FLOODWAY FRINGE REGULATIONS
2-1 GENERAL
2-1.1 FINDINGS OF FACT
(A) FLOOD HAZARD AREAS
The flood hazard areas of Forsyth County jurisdiction are subject to periodic inundation which
results in loss of life, property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety and general
welfare.
(B) FLOOD LOSSES
These flood losses are caused by the cumulative effect of obstructions in floodplains causing
increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses
vulnerable to floods or hazards to other lands which are inadequately elevated, floodproofed, or
otherwise unprotected from flood damages.
2-1.2 STATEMENT OF PURPOSE
It is the purpose of this Chapter to promote the public health, safety and general welfare and to minimize
public and private losses due to flood conditions in specific areas by provisions designed to:
(A) RESTRICT USES
Restrict or prohibit uses which are dangerous to health, safety, and property due to water erosion
or in flood heights or velocities;
(B) PROTECT USES
Require that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
(C) CONTROL ALTERATION OF NATURAL DRAINAGE PATTERNS
Control the alteration of natural floodplains, stream channels, and natural protective barriers,
which are involved in the accommodation of floodwaters;
(D) CONTROL DEVELOPMENT
Control filling, grading, dredging, and other development which may increase erosion or flood
damage;
(E) PERMIT USES IN FLOODWAY FRINGE UNDER CONDITIONS
Permit acceptable use of land in relation to the hazards involved by permitting the construction of
buildings in floodway fringe areas under specific, protected conditions, on any zoning lot,
however and whenever created;
(F) MAINTAIN FLOOD INSURANCE ELIGIBILITY
Provide the land use regulation and mapping required by the Federal Emergency Management
Agency in order to maintain eligibility of the community to participate in the National Flood
Insurance Program.

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2-1.3 OBJECTIVES
The objectives of this chapter are:
(A) To protect human life and health;
(B) To minimize expenditure of public money for costly flood control projects;
(C) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(D) To minimize prolonged business interruptions;
(E) To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in floodplains;
(F) To help maintain a stable tax base by providing for the sound use and development of flood-prone
areas in such a manner as to minimize flood blight areas;
(G) To ensure that potential home buyers are notified that property is in a flood area;
(H) To minimize public and private losses as a product of floods or construction in flood-hazard areas;
(I) To prevent the construction of flood barriers which may unnaturally direct flood waters or raise
flood levels thereby increasing flood hazards in other areas;
(J) To encourage development to occur outside flood-prone areas;
(K) To reduce public liability and the need for expensive public works projects in flood-prone areas;
(L) To ensure that adequate capacity for future runoff is reserved;
(M) To ensure that, as a product of any encroachment into the floodplain, flood levels are not
significantly raised on other properties resulting in a need for further encroachment to protect the
property; and,
(N) To ensure that stream velocities are not significantly increased which could cause erosion above,
below, or across from an area of encroachment or realignment.
2-1.4 DEFINITIONS
The Definitions Ordinance shall apply to this Ordinance, provided that manufactured home park shall mean
any place, area or tract of land maintained, offered or used for parking two (2) or more manufactured
homes used or intended to be used for living or sleeping purposes regardless of whether or not a charge is
made for such accommodations.
2-1.5 LANDS TO WHICH THIS CHAPTER APPLIES
This Article shall apply to all areas of special flood hazard within the adopting jurisdiction.
2-1.6 OFFICIAL LOCATIONS FOR MAPS AND REPORTS
The official Federal Emergency Management Agency maps and reports shall be kept on file in the offices
of the Planning Board, Inspections Division, Clerk of Superior Court, and Register of Deeds of Forsyth
County.
2-1.7 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management Agency in its flood
boundary and floodway maps, dated Revised October 20, 1998, with accompanying maps and other
supporting data, and any revision thereto are adopted by reference and declared to be a part of this Article.
•

•
322
• Additionally, any other special flood hazard areas as identified by the federal, State or local governmental
agencies shall constitute a part of this Article.
2-1.8 BUILDING PERMIT REQUIRED
A building permit shall be required in conformance with the provisions of this Ordinance prior to the
commencement of any development activities.
2-1.9 COMPLIANCE
No structure or land shall hereafter be located, extended, converted or structurally altered without full
compliance with the terms of this Ordinance and other applicable regulations.
2-1.10 ABROGATION AND GREATER RESTRICTIONS
This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this Article and another ordinance conflict or overlay, whichever imposes the
more stringent restrictions shall prevail. The local government shall not be required to enforce private
easements, covenants, or deed restrictions.
2-1.11 INTERPRETATION
In the interpretation and application of this Article all provisions shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the Elected Body; and,
(C) Deemed neither to limit nor repeal any other powers granted under State statutes.
2-1.12 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this Article is considered reasonable for regulatory purposes and
is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions.
Flood heights may be increased by constructed or natural causes. This Ordinance does not imply that land
outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or
flood damages. This Article shall not create liability on the part of the adopting jurisdiction or any officer
or employee thereof for any flood damages that result from reliance on this Article or any administrative
decision lawfully made thereunder.
2-1.13 PENALTIES FOR VIOLATION
Penalties for violation of any provision of this Article shall be as set out in the Zoning Ordinance of the
Unified Development Ordinances.

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2-2 ADMINISTRATION
2-2.1 DESIGNATION OF ZONING ADMINISTRATOR
The Zoning Administrator is hereby appointed to administer and implement the provisions of this Chapter.
2-2.2 PERMIT PROCEDURES FOR STRUCTURES LOCATED IN FLOODWAY FRINGE AREAS
Application for a building permit shall be made to the Zoning Administrator on forms furnished by him/her
prior to any building activities, and shall include, but not be limited to, the following plans in duplicate
drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or
proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
Specifically, the following information is required:
(A) PROPOSED LOWEST FLOOR
Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all
structures;
(B) NONRESIDENTIAL STRUCTURES
Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed;
(C) CERTIFICATE
A certificate from a registered professional engineer or architect that the nonresidential
floodproofed structure meets the floodproof ing criteria in Section 2-3. 1 (B)(2)(b); and,
(D) FLOOR ELEVATION OR FLOODPROOFING
A floor elevation or floodproofing certification after the lowest floor is completed. Within twenty-
one (21) calendar days of establishment of the lowest floor elevation, or floodproofing by
whatever construction means, or upon placement of the horizontal structural members of the
lowest floor, whichever is applicable and before occupancy permits are issued, it shall be the duty
of the permit holder to submit to the Zoning Administrator a certification of the elevation of the
lowest floor, floodproofed elevation, or the elevation of the bottom of the horizontal structural
members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. Said
certification shall be prepared by or under the direct supervision of a registered land surveyor or
professional engineer and certified by same. When floodproofing is utilized for a particular
building, said certification shall be prepared by or under the direct supervision of a professional
engineer or architect and certified by same. Any work done within the twenty-one (21) day
calendar period and prior to submission of the certification shall be at the permit holder's risk. The
Zoning Administrator shall review the floor elevation survey data submitted. Deficiencies
detected by such review shall be corrected by the permit holder immediately and prior to further
work being permitted to proceed or before occupancy permits are issued. Failure to submit the
survey or failure to make said corrections required hereby shall be cause to issue a stopwork order
for the project or denial of an occupancy permit.
2-2.3 DUTIES AND RESPONSIBILITIES OF THE ZONING ADMINISTRATOR
Duties of the Zoning Administrator shall include, but not be limited to:
(A) REVIEW PERMITS
Review of all development permits to assure that the permit requirements of this Ordinance have
been satisfied.
(B) ADVISE REGARDING FEDERAL OR STATE PERMITS
Advise applicant that additional federal or State permits may be required, and if specific federal or
State permits are known, require that copies of such permits be provided and maintained on file
with the development permit.
(C) ASSURE MAINTENANCE PROVIDED
Assure that maintenance is provided within the altered or relocated portion of said watercourse so
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•
that the flood-carrying capacity is not diminished.
(D) PREVENT ENCROACHMENT
Prevent encroachments within floodways
provisions of Section 2-3.1(A)(1)(c) are met.
unless the certification and flood hazard reduction
(E) VERIFY ELEVATION OF LOWEST LEVEL
Verify and record the actual elevation (in relation to mean sea level) of the lowest level (including
basement) of all new or substantially improved structures, in accordance with Section 2-3.1(B).
(F) OBTAIN CERTIFICATES REGARDING FLOODPROOFING
When floodproofing is utilized for a particular structure, the Zoning Administrator shall obtain
certificates from a registered professional engineer or architect in accordance with Section 2-
2.2(C).
(G) MAKE INTERPRETATIONS
Where interpretation is needed as to the exact location of boundaries of the areas of special flood
hazard (for example, where there appears to be a conflict between a mapped boundary and actual
field conditions), the Zoning Administrator shall make the necessary interpretation. The person
contesting the location of the boundary shall be given a reasonable opportunity to appeal the
interpretation as provided in accordance with Section 2-2.4.
(H) OBTAIN OTHER DATA
When base flood elevation data has not been provided in accordance with Sections 2-2.2 and 2-
2.3, then the Zoning Administrator shall obtain, review and reasonably utilize any base flood
elevation data, floodway data and preliminary maps available from a federal, State or other source,
to administer the provisions of this Chapter.
E
(I) MAINTAIN RECORDS
All records pertaining to the provisions of this Ordinance shall be maintained in the office of the
Zoning Administrator and shall be open for public inspection.
(J) NOTIFY AGENCIES
Notify adjacent communities and the North Carolina Department of Crime Control and Public
Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance
Program prior to any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Emergency Management Agency.
(K) VERIFY ELEVATION OF FLOODPROOFING
Verify and record the actual elevation (in relation to mean sea level) to which the new or
substantially improved structures have been floodproofed, in accordance with Section 2-3.1(B).
2-2.4 APPEAL PROCEDURE
(A) BOARD OF ADJUSTMENT
The Board of Adjustment shall hear and decide appeals from the interpretation, determination, and
the enforcement of this Article by the Zoning Administrator.
(B) PETITION FOR CERTIORARI
Any person aggrieved by the decision of the Board of Adjustment may petition for certiorari as
provided by law.
2-2.5 MAP AMENDMENT PROCEDURES
(A) AMENDMENTS
Any proposed revisions to alter or relocate a stream, to restudy a special flood hazard area, or to
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revise or alter the adopted Flood Boundary and Floodway Maps as prepared by the Federal •
Emergency Management Agency dated Revised October 20, 1984, or subsequent amendment
thereto, shall follow the guidelines established by the Federal Emergency Management Agency
using the Planning staff as area coordinator. Any change by the Federal Emergency Management
Agency must be locally adopted by the Planning Board and the Elected Body as an amendment of
this Ordinance.
(B) VARIANCES
Variances may be granted by the Board of Adjustment for the reconstruction, rehabilitation, or
restoration of structures listed on the National Register of Historic Places or the State Inventory of
Historic Places with regard to renovation of said structure to its original state.
•
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0 2-3 STANDARDS FOR FLOOD DAMAGE REDUCTION
2-3.1 STANDARDS FOR STREAMS WITH ESTABLISHED BASE FLOOD ELEVATIONS AND
FLOODWAYS
The Federal Emergency Management Agency has identified streams in the community with areas of special
flood hazard, and has provided detailed information on base flood elevations and the width of floodways
required to carry the one hundred-year flood. The following provisions apply to these streams:
(A) FLOODWAYS
The floodplain is any land area susceptible to being inundated by water from the one hundred-year
flood. Within the floodplain are special areas called floodways, which are the channels of streams
or other watercourses and the adjacent land areas and which are designed to carry the one
hundred-year flood without significant increases in water velocities or flood water elevations.
Since the floodway is an extremely hazardous area in time of flood due to high water velocity,
including debris and increased erosion potential, the following provisions shall apply:
(1) Specific Standards for Floodways.
(a) Reconstruction or Replacement. Reconstruction or replacement of any
structure or manufactured home in the floodway which was placed in the
floodway prior to January 5, 1984, shall be limited to the structure's original size
and must be floodproofed according to Section 2-3.1(B) and elevated one foot
above the base flood elevation.
(b) Bridges, culverts and other channeling devices. Any proposal to bridge a
stream, or to enclose or direct its channel by means of a culvert or other device
must be accompanied by:
• (i) A written statement of a licensed engineer certifying that such structure
or device is adequate for the passage of the one hundred-year flood.
Such structure shall be sized so that the effects of the drainage structure
does not raise the one hundred-year flood profile as shown in the
Winston-Salem/Forsyth County Flood Study; and,
(ii) A statement of approval from the director of the development of Public
Works or the North Carolina Department of Transportation, whichever
is applicable.
(c) Required Exhibits. Certification with supporting technical data by a registered
professional engineer shall be provided demonstrating that encroachments for
permitted floodway uses, including fill, new construction, substantial
improvements and other developments, shall not result in any increase in flood
levels during occurrence of the base flood discharge.
(d) Remedy of a Violation of Floodway Regulations. Property owners are
required to bring structure or other development into compliance with State or
local floodway and floodplain management regulations, or to reduce the impacts
of its noncompliance. Ways that impacts may be reduced include protecting the
structure or other affected development from flood damage, implementing the
enforcement provisions of this chapter or otherwise deterring future similar
violations, or reducing federal financial exposure with regard to the structure or
other development. This paragraph shall apply to uses which are
nonconforming due to the adoption of this Ordinance. Other uses shall comply
with the State or local floodway and floodplain regulations.
•
327
(2) Permitted Uses. The following uses shall be permitted within floodways to the extent •
that they are otherwise permitted by this Article and provided that they do not employ
structures or fill except as specified herein:
(a) General farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife
sanctuary, game farm, and other similar agricultural, quarrying, wildlife and
related uses;
(b) Unpaved ground level parking and loading areas, helistops, and other similar
industrial and commercial uses, where vehicles are parked for no more than
eighteen (18) hours per day;
(c) Golf courses, driving ranges, tennis courts, archery ranges, picnic grounds,
parks, swimming pools, hiking or horseback riding trails, greenways, open space
and other similar private and public recreational uses;
(d) Lawns, gardens, play areas, and other similar uses;
(e) Temporary facilities such as displays, circuses, carnivals, or similar transient
amusement enterprises;
(f) Boat docks, ramps, piers, or similar structures;
(g) Grading, but not fill;
(h) Dams and impoundments; and,
(i) Streets, bridges, utility lines, storm drainage facilities, sewage or waste
treatment facilities, water supply facilities, and other similar public or private
utility uses subject to a maximum one-half foot flood water rise. These uses
combined with the allowable encroachment of the floodway fringe and with any
previously placed or previously approved encroachment in the floodway may
not increase the base flood elevation by more than one-half foot.
(3) Prohibited Uses. The storage of hazardous substances is prohibited in floodways.
(B) FLOODWAY FRINGE •
The floodway fringe is the area of the floodplain outside the floodway that is not needed for
passage of the one hundred-year flood but which is subject to flooding. The following provisions
apply to this area:
(1) General Standards for Floodway Fringe Areas. In all floodway fringe areas where
base flood elevation data has been provided, the following provisions are required:
(a) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse or lateral movement of the structure;
(b) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement and must be elevated one foot above base flood elevation. Methods
of anchoring may include, but are not limited to, use of over-the-top or frame
ties to ground anchors. This standard shall be in addition to and consistent with
applicable state requirements for resisting wind forces;
(c) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage;
(d) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
(e) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service facilities shall be designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding;
(f) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system;
(g) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the
systems into floodwaters;
(h) On-site waste disposal systems shall be located and constructed to avoid
328
• impairment or contamination from them during flooding; and,
(i) Any alteration, repair, reconstruction or improvements to a structure which is in
compliance with the provisions of this section shall meet the requirements of
new construction as contained in this section.
(2) Specific Standards for Floodway Fringe Areas. In all floodway fringe areas where
base flood elevation data has been provided, the following provisions are required:
(a) Residential Construction. New construction or substantial improvement of
any residential structure shall have the lowest flood, including basement,
elevated no lower than one foot above the base flood elevation. Should solid
foundation perimeter walls be used to elevate a structure, openings sufficient to
facilitate the unimpeded movements of floodwaters shall be provided.
(b) Nonresidential Construction. New construction or substantial improvement of
any commercial, industrial, or nonresidential structure shall have the lowest
floor, including basement, elevated no lower than one foot above the level of the
base flood elevation. Structures located in A-zones or floodway fringe areas
may be floodproofed, in lieu of elevation, provided that all areas of the structure
below the required elevation are watertight with walls substantially impermeable
to the passage of water, using structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A
registered professional engineer or architect shall certify that the standards of
this section are satisfied. Such certification shall be provided to the official as
set forth in Section 2-2.2(C).
(c) Elevated Buildings. New construction or substantial improvement of elevated
buildings that includes fully enclosed areas formed by foundation and other
exterior walls below the base flood elevation shall be designed to preclude
finished living space and designed to allow for the entry and exit of floodwaters
to automatically equalize hydrostatic flood forces on exterior walls.
(i) Designs for complying with this requirement must either be certified by
a professional engineer or architect or meet the following criteria:
[A] Provide a minimum of two (2) openings having a total net area
of not less than one square inch for every square foot of
enclosed area subject to flooding;
[B] The bottom of all openings shall be no higher than one foot
above grade; and,
[C] Openings may be equipped with screens, louvers, valves or
other coverings or devices provided they permit the automatic
flow of floodwaters in both directions.
(ii) Electrical, plumbing, and other utility connections are prohibited below
the base flood elevation;
(iii) The interior portion of such enclosed area shall not be partitioned or
finished into separate rooms. Such interior portion cannot be used for
parking or storage.
(d) Underground Uses. No subsurface installations such as fall-out shelters,
basements, swimming pools, gravesites, or sewage outfalls shall be permitted
unless they are floodproofed, installed in a manner to prevent flotation, and meet
all other requirements of this Ordinance.
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(3) Permitted Uses. The following uses shall be permitted within the floodway fringe to the •
extent that they are otherwise permitted by this Ordinance:
(a) Uses Permitted Below Flood Protection Elevation. Any use as permitted and
regulated in Section 2-3.1(A)(2).
(b) Uses Permitted Above Flood Protection Elevation. Any building serving a
use permitted in Table 2.6 of the Zoning Ordinance may be placed in the
floodway fringe district, and buildings already in the district may undergo
substantial improvement, provided the new construction or improvement meets
the following conditions:
(i) Limits of Encroachment. The area of encroachment may not include
more than fifty percent (50%) of the area of the floodway fringe on the
zoning lot where it is located. The area of encroachment may not
extend toward the stream channel more than one-half the distance
between the outer edge of the floodway fringe and the outer edge of the
floodway at any point, unless a certified engineering study
demonstrates that any encroachments result in no more than a one-half
foot rise in flood elevation. Measurement of the fifty percent (50%)
area and one-half distance of encroachment are calculated from each
outside edge of the floodway fringe. The restricted area outside the
permitted encroachment area of this subsection may be used for any use
as permitted and regulated in Section 2-3.1(A)(2).
(ii) Building Construction.
[A] Fill. Such building and any accessory building, any loading or •
storage area, and any basement are placed by methods
approved by the Zoning Administrator on an approved fill one
foot above the elevation of the nearest outer boundary of the
floodway fringe. Said fill shall extend at least fifteen (15) feet
beyond any building constructed on it, but shall not encroach
into the floodway or floodway fringe except as permitted in
Section 2-3.1(13)(3)(b)(i). Fill shall be compacted and
provided with permanent cover;
[B] Columns. Any buildings are placed by methods approved by
the Zoning Administrator on approved pilings or other
columns, with the lowest floor elevation at least one foot
above the one hundred-year flood elevation; or,
[C] Floodproofing. Any portion of a nonresidential building,
including basement, attendant utility and sanitary facilities not
elevated as provided in Sections 2-3.1(B)(1) and (2)
preceding, is floodproofed to the required elevation. The
building shall be designed so that below the elevation of one
foot above the one hundred-year flood the structure is
watertight with walls substantially impermeable to the passage
of water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. Further, a registered professional engineer or
architect shall certify to the Zoning Administrator that the
floodproofing methods for the building are adequate to
withstand the flood depths, pressures, velocities, impact and
uplift forces and other factors associated with the one •
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• hundred-year flood. The Zoning Administrator shall maintain
a file of all such certifications including the specific elevation
(in relation to mean sea level) to which such structures are
floodproofed.
(iii) Utilities. New and replacement utility systems including but not
limited to water, gas, sewer, electric and telephone systems (including
on-site systems) to be placed in a floodway fringe shall be located to
avoid impairment, damage, contamination or infiltration during
flooding.
(iv) Anchoring. No building or other structure not anchored to a
permanent foundation shall hereafter be placed or substantially
improved in a floodway fringe.
(v) Open Storage. No open storage of materials subject to floating away
during a flood shall be permitted in a floodway fringe district unless
said storage is placed on an approved fill at least one foot above the
elevation of the nearest outer boundary of the floodway fringe.
(vi) Hazardous Substances. Storage of hazardous substances shall be
permitted in the floodway fringe only in completely enclosed structures
which comply with the provisions of Section 2-3.1(13)(3) of this
Article. Open and below ground storage of hazardous substances is
prohibited in the floodway fringe.
2-3.2 STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND
• FLOODWAYS
The Federal Emergency Management Agency has identified additional streams with areas of special flood
hazard, called unnumbered A zones, but has not provided detailed information on base flood elevations or
the width of floodways required to carry the one hundred-year flood. The following provisions apply to
these streams:
(A) FLOODWAY WIDTH AND REQUIREMENTS
An area equal to five (5) times the width of the stream at the top of the bank or twenty (20) feet
each side from top of bank, whichever is greater, is designated as floodway. The permitted uses
and prohibited uses of Section 2-3.1(A) apply to this area.
(B) REQUIREMENTS FOR FLOODWAY FRINGE
For areas of special flood hazard outside the designated floodway or where a certification has been
provided in Section 2-2.2(C), all new construction and substantial improvement within such areas
shall comply with all applicable floodway fringe provisions of Section 2-3.1(B). When base flood
elevation data is not available, the lowest floor, including basement, shall be elevated at least two
(2) feet above the highest natural elevation of the ground surface next to the proposed walls of the
structure, prior to construction.
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•

E
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CHAPTER C - ENVIRONMENTAL ORDINANCE
ARTICLE III - WATERSHED PROTECTION
3-1 GENERAL PROVISIONS
3-1.1 TITLE
This Ordinance shall be known and may be cited as the Watershed Protection Ordinance, except as
referred to herein, where it shall be known as this Ordinance.
3-1.2 PURPOSE
The purpose of this Ordinance is to promote the health, safety and general welfare of the citizens and
residents of the State of North Carolina, including residents of the Town of Kernersville, residents who live
within the extra territorial zoning jurisdiction of the Town of Kernersville, and residents who live within
public water supply watersheds, as established by the North Carolina Environmental Management
Commission. This Ordinance is adopted after public hearing and due notice thereof given the general
public by publication once a week for two (2) successive calendar weeks published the first time not less
than ten (10) days nor more than twenty-five (25) days prior to the date of public hearing in a newspaper
having general circulation within the area specified herein.
3-1.3 JURISDICTION
The provisions of this Ordinance shall apply to that area which is both:
(A) Within an area designated as a public water supply watershed by the North Carolina
Environmental Management Commission; and,
(B) Within either the corporate limits of the Town of Kernersville or within the extra territorial zoning
• jurisdiction of the Town of Kernersville.
This area shall be defined and established on a map entitled Watershed Protection Map of Kernersville,
North Carolina, herein after referred to as Watershed Map, which is adopted simultaneously herewith. The
Watershed Map, and all explanatory matter set out thereon, is hereby made a part of this Ordinance. This
Ordinance shall be permanently kept on file in the Office of the Town Clerk, the Kernersville Planning
Office, and the City-County Planning Board in Winston-Salem.
3-1.4 AUTHORITY
This Ordinance is adopted pursuant to Chapter 160A, Article 8, Section 174 and Chapter 143, Article 21,
and session laws applicable to the Town of Kernersville.
3-1.5 INTENT
The intent of the Town of Kernersville is to exercise its available power as authorized in the Statutes cited
in Section 103 to the maximum extent possible as more fully set forth herein.
3-1.6 AMENDMENT
This Ordinance may be amended in accordance with the provisions of this Ordinance or as required by
subsequent legislative enactments. Before adopting or amending this Ordinance, the Kernersville Board of
Aldermen shall hold a public hearing. A notice of the public hearing shall be given once a week for two (2)
successive calendar weeks in a newspaper having general circulation in the area. The notice shall be
published for the first time not less than ten (10) nor more than twenty-five (25) days before the date
established for the hearing.
3-1.7 COMPLIANCE WITH PROVISIONS
No building, premises, or structure shall be used, constructed, erected, modified, altered, converted,
occupied, placed, maintained, removed or moved, and no land use shall be commenced, maintained, or
modified except in compliance with the provisions, restrictions, and procedures set forth herein.
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3-1.8 EXCEPTION TO APPLICABILITY
In All Watersheds. No subdivision of land shall be approved nor erosion control, building, or other
development permit issued for any development or land disturbing activities in a designated water supply
watershed unless certified to be in conformance with the provisions of this Ordinance by the Watershed
Administrator, with the following exemptions:
(A) Existing Residential Lots. Construction or expansion of an individual single family residential
building or placement of a manufactured home on a lot which was a lot of record or which had
received final approval pursuant to the Subdivision Regulations as of July 1, 1993.
(B) Existing Development. Existing development is not subject to the requirements of this
Ordinance. Except for expansions to individual single family homes or manufactured homes, only
expansions to structures and other built-upon areas classified as existing development must meet
the requirements of this Ordinance. The built-upon area of the existing development is not
required to be included in the built-upon area calculations.
3-1.9 SEVERABILITY - INVALIDATION OF PORTIONS OF ORDINANCE
(A) Should any section, sentence, clause, phrase, or word of this Ordinance be held invalid or
unconstitutional by a court of competent jurisdiction of either the State of North Carolina or of the
United States, such decision shall not affect, impair, nor invalidate the remaining parts of this
Ordinance. The remaining parts shall remain in effect without the invalid provision, and to that
extent they are severable.
(B) The invalidation of the application of any provision of this Ordinance to any particular property or
structure, or to any particular properties or structures, by any court of competent jurisdiction, shall
not affect the application of such provision to any other property or structure not specifically
included in such invalidation. •
3-1.10 PRESUMPTION OF LAWFUL ACTION
When an administration officer or board authorizes regulatory action, it shall be conclusively presumed that
such officer or board would not have authorized such action except in the belief that such action was
lawful.
3-1.11 CONFLICTS
(A) Where a conflict exists between any limitations or requirements in this Ordinance, the more
restrictive limitation(s) or requirement(s) shall prevail.
(B) Where a conflict exists between the provisions of this Ordinance and any other ordinance or law,
or where the provisions of this Ordinance impose overlapping or contradictory regulations, the
most restrictive provision of the one which imposes the highest standard(s) or requirement(s) shall
prevail.
3-1.12 ILLUSTRATIONS
Illustrations are provided for purposes of describing, clarifying or providing examples of portions of the
text, and do not replace or limit the text unless so stated in the text.
3-1.13 CUMULATIVE REQUIREMENTS
The requirements of this Ordinance are cumulative.
3-1.14 DEFINITIONS
Unless otherwise expressly stated, or unless the context clearly indicates a different meaning, the words and
phrases in the following list of definitions shall, for the purposes of the Unified Development Ordinances,
have the meanings indicated. All words and phrases not defined in this Article shall have their common
meaning. When used in this Ordinance, the present tense includes the future, the singular includes the •
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plural, and words of one gender include the other, as may be applicable. The word shall is mandatory, not
directory. The word use includes designed for use.
AGRICULTURAL USE. The use of waters for stock watering, irrigation, and other farm purposes.
ANIMAL UNIT. A unit of measurement developed by the United States Environmental Protection
Agency that is used to compare different types of animal operations.
APPLICANT. One who applies for approval under this Ordinance.
BALANCE OF WATERSHED (BW). That portion of a water supply watershed beyond the critical area
of a water supply reservoir.
BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management-based practice
used singularly or in combination to reduce nonpoint source pollution to receiving waters in order to
achieve water quality protection goals.
BOARD OF ADJUSTMENT. The Kernersville Board of Adjustment, as established by Section 10-1.1 of
the Zoning Ordinance.
BUFFER. An area of natural or planted vegetation through which storm water runoff flows in a diffuse
manner, the flow does not become channelized, and which provides for infiltration of the water and
filtering of pollutants. The buffer is measured landward from the normal pool elevation of lakes and ponds,
and from the bank of each side of streams or rivers.
BUILDING. Any structure having a roof supported by columns or by walls, and intended for shelter,
housing or enclosure of persons, animals or property. The connection of two (2) buildings by means of an
open porch, breezeway, passageway, carport or other such open structure, with or without a roof, shall not
be deemed to make them one building.
BUILT-UPON AREA. Built-upon areas shall include that portion of a development project that is
covered by impervious cover including buildings, pavement, gravel roads, recreation facilities (e.g. tennis
courts), etc. (Note: Wooden slatted decks and the water area of a swimming pool or pond are considered
pervious.)
CLUSTER DEVELOPMENT. The grouping of buildings in order to conserve land resources and
provide for innovation in the design of the project. This term includes nonresidential development as well
as single family residential subdivisions and multifamily developments.
COMPOSTING FACILITY. A facility in which only stumps, limbs, leaves, grass and untreated wood
collected from land clearing or landscaping operations is deposited.
CONTRACTUAL LIEN. A lien, subordinate to a first deed of trust, granted by the owner to the Town of
Kernersville guaranteeing that the storm water control structure shall be maintained, repaired, and
reconstructed as required by this Ordinance.
CRITICAL AREA. The area adjacent to a water supply intake or reservoir where risk associated with
pollution is greater than from the remaining portions of the watershed. The critical area extends either one-
half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line
of the watershed (whichever comes first); or one-half mile upstream from the intake located directly in the
stream or river (run-of-the-river), or the ridge line of the watershed (whichever comes first). Major
landmarks such as highways or property lines may be used to delineate the outer boundary of the critical
area if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile.
CUSTOMARY HOME OCCUPATIONS. Any use conducted entirely within a dwelling and carried on
by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for
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living together as a single housekeeping unit, as defined by Chapter A, Article II of the Unified
Development Ordinances.
FERTILIZER. Fertilizer means any substance containing nitrogen or phosphorus which is used primarily
for its plant food content.
FINAL WATERSHED INSPECTION. An inspection of property made by the Watershed Administrator
prior to the issuance of a certificate of occupancy by the Town of Kernersville Inspections Division,
certifying that the requirements of this Ordinance have been met.
FOREST VEGETATION. Forest vegetation means the plants of an area which grow together in
disturbed or undisturbed conditions in various wooded plant communities in any combination of trees,
saplings, shrubs, vines and herbaceous plants. This includes mature and successional forests as well as
cutover stands.
HAZARDOUS MATERIAL. Any substance listed as such in SARA Section 302, Extremely Hazardous
Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil and hazardous substances).
IMPERVIOUS AREA. Any surface which does not permit the rapid infiltration of surface water.
Examples include building roofs, sidewalks, areas paved with asphalt, concrete, brick, compacted stone, or
tile, or any similar surface as interpreted by the Watershed Administrator. The total gross contiguous
acreage of the project shall be used when computing the permitted impervious areas.
INDUSTRIAL DEVELOPMENT. Any nonresidential development that requires an NPDES permit for
an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of
manufacturing, assembling, finishing, cleaning or developing any product or commodity.
LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in accordance with
Chapter 130A Article 9 of the North Carolina General Statutes. For the purpose of this Ordinance, this
term does not include composting facilities.
LANDSCAPE ARCHITECT. A professional licensed to practice in the State of North Carolina, as
established by North Carolina General Statutes Chapter 89A.
LAND USE PLAN. The officially adopted Land Use Plan of the Town of Kernersville.
LAND SURVEYOR. A professional licensed to practice in the State of North Carolina, as established by
North Carolina General Statutes Chapter 89(C)-3(7).
LOT, PARCEL, TRACT. A parcel of land designated by a number or other symbol as part of a legally
approved and recorded subdivision, or as described by metes and bounds.
NONRESIDENTIAL DEVELOPMENT. All development other than residential development,
agriculture and silviculture.
OPERATION AND MAINTENANCE PLAN. A document prepared by the applicant and submitted to
the Watershed Administrator specifying all operation and maintenance work necessary to keep all storm
water control structures in conformance with the design specifications required by this Ordinance.
OWNER. The record title owner of property in accordance with the Register of Deeds or the Tax Office.
PAVEMENT, POROUS. Those pavements, designed by a Registered Professional Engineer, composed
of open-graded asphalt or concrete, which absorb and store rainwater within the structure of the subgrade
upon which the pavement rests. Such pavements shall be designed using most recent technical information
and shall be certified by the engineer as meeting the storm water retention requirements of this Ordinance.
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(A) The combination or recombination of portions of previously platted and recorded lots where the
total number of lots is not increased and the resultant lots are equal to or exceed the standards of
this Ordinance;
(B) The division of land into parcels greater than ten (10) acres where no street right-of-way
dedication is involved;
(C) The public acquisition by purchase of strips of land for the widening or opening of streets;
(D) The division of a tract in single ownership whose entire area is no greater than two (2) acres into
not more than three (3) lots, where no street right-of-way dedication is involved and where the
resultant lots are equal to or exceed the standards of this Ordinance; or,
(E) The division of a tract into plots or lots used as a cemetery.
SUBDIVISION ORDINANCE. The Subdivision Ordinance as adopted by the Town of Kernersville.
TOXIC SUBSTANCE. Any substance or combination of substances (including disease causing agents),
which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either
directly from the environment or indirectly by ingestion through food chains, has the potential to cause
death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including
malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their
offspring or other adverse health effects.
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to or proximity
to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and
bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial
boat storage areas are not water dependent structures.
WATERSHED. The entire land area contributing surface drainage to a specific point (e.g. the water
supply intake.)
WATERSHED ADMINISTRATOR. An official or designated person of the Town of Kernersville
responsible for administration and enforcement of this Ordinance.
WATERSHED PERMIT. A permit issued by the Watershed Administrator, certifying that the
requirements of this Ordinance, as they effect a particular low or high density project, have been met.
WATERSHED REVIEW COMMITTEE. A staff level review group appointed by the Town Manager,
consisting of the Watershed Administrator, Public Works Director, Town Engineer, Zoning Administrator,
Fire Marshall, and other representatives as may be deemed appropriate by the Board of Aldermen and the
Town Manager.
WET DETENTION PONDS. A storm water control structure designed for removal of pollutants, with a
permanent pool depth of at least three (3) feet.
ZONING ORDINANCE. The Zoning Ordinance of the Town of Kernersville.
3-1.15 CRIMINAL PENALTIES
Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with North Carolina General Statute 14-4. The maximum fine
for each offense shall not exceed five hundred dollars ($500.00). Each day that the violation continues
shall constitute a separate offense.
3-1.16 CIVIL PENALTIES AND REMEDIES
(A) In addition to any criminal penalties provided herein this Ordinance, any person, firm, or
corporation violating any provisions of this Ordinance shall be subject to a civil penalty of one
• thousand dollars ($1,000), to be recovered by the Town of Kernersville in a civil action in the
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• 3-2 SUBDIVISION ORDINANCE
3-2.1 PLATS
(A) No new subdivision plat or an expansion of a previously recorded subdivision of land within the
public water supply watershed shall be filed or recorded in the Office of the Register of Deeds
until it has been approved in accordance with the provisions of this Article.
(B) The approval of a plat for the purposes of this Ordinance does not constitute the acceptance by
the Town of Kernersville, or the public, of the dedication of any street easement, right-of-way,
public utility line, or other public facility shown on such plat.
(C) All subdivisions shall conform with the mapping requirements as set forth in North Carolina
General Statute 47-30.
(D) Any person, firm, or corporation proposing a subdivision of land or an expansion of an existing
subdivision within the jurisdiction encompassed by this Ordinance after the effective date of this
Ordinance shall cause a plat of the same to be prepared, approved, and recorded pursuant to this
Ordinance.
3-2.2 SUBDIVISION APPLICATION AND REVIEW PROCEDURES
(A) All proposed subdivisions shall be reviewed, prior to recording with the Register of Deeds, by
submitting a vicinity map to the Watershed Administrator to determine whether or not the
property is located within a designated public water supply watershed. Subdivisions that are not
within a designated watershed area shall not be subject to the provisions of this Ordinance and
may be recorded, provided the Watershed Administrator indicates the same and initials the vicinity
map. Subdivisions within a designated watershed area shall comply with the provisions of this
Chapter and all other State and local requirements that may apply.
(B) Subdivision applications shall be filed with the Kernersville Planning Office in accordance with
the Subdivision Ordinance of the Town of Kernersville. The application shall include a completed
application form, thirty-five (35) copies of the plat, and supporting documentation as required for
the application process.
(C) The Watershed Review Committee shall review the completed application and shall either
approve, approve conditionally, or disapprove the application by a majority vote of the members
present and voting. The committee shall take final action within sixty (60) days of its first
consideration. The Watershed Administrator or the committee may provide public agencies an
opportunity to review and make recommendations. Failure of any agencies to submit comments
and recommendations shall not delay the Watershed Review Committee's action within the
prescribed time limit. Said public agencies may include, but are not limited to, the following:
(1) The District Highway Engineer;
(2) The Director of the Health Department;
(3) The North Carolina Division of Environmental Management, proposed sewer systems
normally approved by the Division, engineered storm water controls or storm water
management in general; and,
(4) Any other agency or official designated by the Watershed Administrator, Development
Review Committee, or Town Manager.
(D) If the Watershed Review Committee approves the application, such approval shall be indicated
on all copies of the final plat by the following certificate and signed by the Watershed
Administrator.
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Certificate of Approval for Recording
I certify that the plat shown hereon has been approved by the Review Officer, of the Town of
Kernersville and is approved for recording in the Office of the Register of Deeds.
Date
Signature, Watershed Administrator
NOTICE: THIS PROPERTY IS LOCATED WITHIN A PUBLIC WATER SUPPLY
WATERSHED - DEVELOPMENT RESTRICTIONS MAY APPLY.
(E) The Planning Board shall not consider any plat for a new or expanded subdivision until the
Watershed Administrator approves the watershed permit.
(F) Should the Watershed Review Committee disapprove, or approve conditionally, the
application, the reason(s) for such action shall be stated in writing for the applicant and entered in
the minutes of the Watershed Review Committee. The applicant may make changes and submit a
revised plan which shall constitute a separate request for the purpose of review.
(G) All subdivision plats shall comply with all requirements of recording of the Register of Deeds of
the County within which such property is situated.
(H) The applicant shall, within five (5) working days after recordation, provide the Kernersville
Planning Office with evidence that the plat has been recorded with the Register of Deeds of the
appropriate county.
3-2.3 SUBDIVISION STANDARDS AND REQUIRED IMPROVEMENTS
•
(A) All lots approved under this Ordinance shall meet all provisions of the Subdivision Ordinance
of the Town of Kernersville. 0
(B) For the purpose of calculating the impervious area, total project area shall include the
contiguous gross total acreage in the tract upon which the project is to be developed.
(C) Storm Water Drainage Facilities. The application shall be accompanied by a description of the
proposed method of providing storm water drainage. The applicant shall provide for a drainage
system that diverts storm water runoff away from surface waters and incorporates best
management practices to minimize water quality impacts.
(D) Erosion and Sedimentation Control. Where required by the Erosion and Sedimentation Control
Ordinance of the Town of Kernersville, a sedimentation and erosion control plan shall be
submitted to and approved in accordance with such Ordinance.
(E) Roads constructed in critical areas, and watershed buffer areas shall be designed and
constructed so to minimize their impact on water quality using best management practices.
3-2.4 CONSTRUCTION PROCEDURES
No construction nor installation of improvements shall commence in a proposed subdivision until a
preliminary subdivision plat has been approved under the provisions of the Subdivision Ordinance of the
Town of Kernersville.
3-2.5 PENALTIES FOR TRANSFERRING LOTS IN UNAPPROVED SUBDIVISIONS
The owner or agent of an owner who transfers, sells, or agrees to sell any parcel of real property in an
unapproved subdivision by any means, including but not limited to the use of a metes and bounds
description, or by reference to any map, plat, survey, or other instrument, shall be guilty of a misdemeanor
as defined by Section 1. (F) of the Subdivision Ordinance.
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• 3-3 DEVELOPMENT REGULATIONS
3-3.1 CLUSTER DEVELOPMENT
Clustering of development shall only be developed as permitted by the Kernersville Zoning and
Subdivision Ordinances.
3-3.2 BUFFER AREAS REQUIRED
(A) Under the high density option, as defined herein by this Ordinance, a minimum one hundred
(100) foot vegetative buffer along all perennial waters is required for all new development
activity. Under the low density option, as defined herein by this Ordinance, a minimum thirty (30)
foot vegetative buffer for all new development activities is required along all perennial waters.
For the purposes of this Ordinance, perennial waters shall be a watercourse, including rivers,
streams, lakes, and ponds, that flows year-round and is indicated as a solid blue line on the most
recent version of the USGS 7.5 minute series (1:24,000 scale) topographic maps. These maps shall
be on file at the Kernersville Planning Office. Artificial streambank or shoreline stabilization is
permitted.
(B) Road crossings and public projects, including but not limited to greenways, are permitted where
no practical alternative exists. Construction shall minimize built-upon surface area, direct runoff
away from surface waters, and maximize the utilization of storm water best management practices.
No other development is permitted in the buffer areas.
(C) DEEP RIVER WATERSHED RIPARIAN AREAS (RANDLEMAN LAKE
WATERSUPPLY WATERSHED PROTECTION RULES)
(1) Riparian areas shall be protected and maintained in accordance with this Ordinance on all
• sides of surface waters in the Deep River watershed such as intermittent streams,
perennial streams, lakes, and ponds, as indicated on the most recent version of the United
States Geological Survey 1:24,000 scale (7.5 minute quadrangle) topographic maps, or
the Soil Survey Maps developed by USDA-Natural Resource Conservation Service
except as provided in section 3-3.2 (C)(2)(b) of this Ordinance, or other site-specific
evidence that indicates to the Division of Water Quality the presence of jurisdictional
waters not shown on either of these two maps.
(2) The following water bodies and land uses are exempt from the riparian area protection
requirements:
(a) Ditches and manmade conveyances, other than modified natural streams,
which under normal conditions do not receive drainage from any tributary
ditches, canals, or streams, unless the ditch or manmade conveyance delivers
runoff directly to waters classified in accordance with 15A NCAC 213 .0100;
(b) Areas mapped as intermittent streams, perennial streams, lakes, ponds, or
estuaries on the most recent versions of United States Geological Survey
1:24,000 scale (7.5 minute quadrangle) topographic maps or soil survey maps
where no perennial water body, intermittent water body, lake, pond or estuary
actually exists on the ground;
(c) Ponds and lakes created for animal watering, irrigation, or other agricultural
uses that are not part of a natural drainage way that is classified in accordance
with 15A NCAC 2B .0100;
(d) Water dependent structures as defined in 15A NCAC 213 .0202, provided that
they are located, designed, constructed and maintained to provide maximum
nutrient removal, to have the least adverse effects on aquatic life and habitat and
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to protect water quality;
(e) The following uses where no practical alternative exists. A lack of practical
alternatives may be shown by demonstrating that, considering the potential for a
reduction in size, configuration or density of the proposed activity and all
alternative designs, the basic project purpose cannot be practically accomplished
in a manner which would avoid or result in less adverse impact to surface
waters. Also, these structures shall be located, designed, constructed, and
maintained to have minimal disturbance, to provide maximum nutrient removal
and erosion protection, to have the least adverse effects on aquatic life and
habitat, and to protect water quality to the maximum extent practical through the
use of best management practices:
(i) Road crossings, railroad crossings, bridges, airport facilities, and utility
crossings if conditions specified in Section 3-3.2(C)(2)(e) of this
Ordinance are met.
(ii) Storm water management facilities and ponds, and utility construction
and maintenance corridors for utilities such as water, sewer or gas, in
Zone 2 of the riparian area as long as the conditions specified in
Section 3-3.2(C)(2)(e) of this Ordinance are met and they are located at
least 30 feet from the top of bank or mean high water line. Additional
requirements for utility construction and maintenance corridors are
listed in Section 3-3.2(C)(2)(f) of this Ordinance;
0
(f) A corridor for the construction and maintenance of utility lines, such as water,
sewer or gas, (including access roads and stockpiling of materials) running
parallel to the stream and located within Zone 2 of the riparian area, as long as •
no practical alternative exists, as defined in Section 3-3.2(C)(2)(e) of this
Ordinance, and best management practices are installed to minimize runoff and
maximize water quality protection to the maximum extent practicable.
Permanent, maintained access corridors shall be restricted to the minimum width
practicable and shall not exceed 10 feet in width except at manhole locations. A
10 feet by 10 feet perpendicular vehicle turnaround shall be allowed provided
they are spaced at least 500 feet apart along the riparian area;
(g) Stream restoration projects, scientific studies, stream gauging, water wells,
passive recreation facilities such as boardwalks, trails, pathways, historic
preservation and archaeological activities, provided that they are located in Zone
2 and are at least 30 feet from the top of bank or mean high water line and are
designed, constructed and maintained to provide the maximum nutrient removal
and erosion protection, to have the least adverse effects on aquatic life and
habitat, and to protect water quality to the maximum extent practical through the
use of best management practices. Activities that must cross the stream or be
located within Zone 1, are allowed as long as all other requirements of this Item
are met; and
(h) Stream crossings, associated with timber harvesting, if performed in
accordance with the Forest Practices Guidelines Related to Water Quality (15A
NCAC 1J .0201-.0209).
(3) The protected riparian area shall have two zones as follows:
(a) Zone 1 is intended to be an undisturbed area of vegetation.

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(i) Location of Zone 1: Zone 1 begins at the top of bank for intermittent
streams and perennial streams and extends landward a distance of 30
feet on all sides of the waterbody, measured horizontally on a line
perpendicular to the waterbody. For all other waterbodies, Zone 1
begins at the top of bank or mean high water line and extends landward
a distance of 30 feet, measured horizontally on a line perpendicular to
the waterbody.
(ii) The following practices and activities are allowed in Zone 1:
[A] Natural regeneration of forest vegetation and planting
vegetation to enhance the riparian area if disturbance is
minimized, provided that any planting shall primarily consist
of locally native trees and shrubs;
[B] Selective cutting of individual trees in Zone 1, where forest
vegetation as defined in Section 3-1.14 of this Ordinance
exists, as long as the following conditions are met every 100
feet on each side of the stream;
[1] Of existing trees 12-inches and greater diameter
breast high (dbh), a minimum of five trees must
remain uncut;
[2] Trees 12-inches and greater dbh may be harvested
based on the following equation: Number of Trees
harvested = (Total number of trees greater than 12-
inches dbh - 5 / 2;
[3] No trees less than 12-inches dbh may be harvested
• unless exceptions provided in this Ordinance are met;
[4] Trees may not be harvested more frequently than
every 10 years; and
[5] No tracked or wheeled equipment are allowed;
[C] Horticulture or silvicultural practices to maintain the health of
indivi dual trees;
[D] Removal of individual trees which are in danger of causing
damage to dwellings, other structures or the stream channel;
[E] Removal of dead trees and other timber cutting techniques
necessary to prevent extensive pest or disease infestation if
recommended by the Director, Division of Forest Resources
and approved by the Director, Division of Water Quality; and
[F] Ongoing agricultural operations provided that existing forest
vegetation is protected.
(iii) The following practices and activities are not allowed in Zone 1:
[A] Land-disturbing activities and placement of fill and other
materials, other than those allowed in Section 3-3.2(C)(2) and
Section 3-3.2(C)(3)(a)(ii) of this Ordinance;
[B] New development, except as provided in Section 3-
3.2(C)(2)(d), (2)(e) and (2)(f) of this Ordinance;
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[C] New on-site sanitary sewage systems which use ground
adsorption;
[D] The application of fertilizer; and
[E] Any activity that threatens the health and function of the
vegetation including, but not limited to, application of
chemicals in amounts exceeding the manufacturer's
recommended rate, uncontrolled sediment sources on adjacent
lands, and the creation of any areas with bare soil.
(b) Zone 2 is intended to provide protection through a vegetated riparian zone,
which provides for diffusion and infiltration of runoff and filtering of pollutants.
(i) Location of Zone 2: Zone 2 begins at the outer edge of Zone 1 and
extends landward a minimum of 20 feet as measured horizontally on a
line perpendicular to the waterbody. The combined minimum width of
Zones 1 and 2 shall be 50 feet on all sides of the waterbody.
(ii) The following practices and activities are allowed in Zone 2 in
addition to those allowed in Zone 1:
[A] Periodic mowing and removal of plant products such as
timber, nuts, and fruit is allowed provided the intended
purpose of the riparian area is not compromised by harvesting,
disturbance, or loss of forest or herbaceous ground cover; and
[B] Grading and timber harvesting provided that vegetated ground •
cover be established immediately following completion of the
land-disturbing activity.
The following practices and activities are not allowed in Zone 2:
[A] New development, except as provided in Section 3-
3.2(C)(2)(e) and (2)(f) of this Ordinance;
[B] New on-site sanitary sewage systems which use ground
adsorption;
[C] Any activity that threatens the health and function of the
vegetation including, but not limited to, application of
chemicals in amounts exceeding the manufacturer's
recommended rate, uncontrolled sediment sources on adjacent
lands, and the creation of any areas with bare soil.
(4) Timber removal and skidding of trees shall be directed away from
the water course or water body. Skidding shall be done in a manner to
prevent the creation of ephemeral channels perpendicular to the water
body. Any tree removal must be performed in a manner that does not
compromise the intended purpose of the riparian area and is in
accordance with the Forest Practices Guidelines Related to Water
Quality (15A NCAC 1J .0201-.0209).
(5) Maintenance of sheet flow in Zones 1 and 2 is required in accordance
with this Item.
•
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• (i) Sheet flow must be maintained to the maximum extent
practical through dispersing concentrated flow and re-
establishment of vegetation to maintain the effectiveness of
the riparian area.
(ii) Concentrated runoff from new ditches or manmade
conveyances must be dispersed into sheet flow before the
runoff enters Zone 2 of the riparian area. Existing ditches and
manmade conveyances, as specified in Section 3-3.2(C)(2)(a)
of this Ordinance, are exempt from this requirement; however,
care shall be taken to minimize pollutant loading through these
existing ditches and manmade conveyances from fertilizer
application or erosion.
(iii) Periodic corrective action to restore sheet flow shall be taken
by the landowner if necessary to impede the formation of
erosion gullies which allow concentrated flow to bypass
treatment in the riparian area.
(6) Periodic maintenance of modified natural streams such as canals is
allowed provided that disturbance is minimized and the structure and
function of the riparian area is not compromised. A grass travelway is
allowed on one side of the waterbody when alternative forms of
maintenance access are not practical. The width and specifications of
the travelway shall be only that needed for equipment access and
operation. The travelway shall be located to maximize stream shading.
• (7) Where the standards and management requirements for riparian
areas are in conflict with other laws, regulations, and permits regarding
streams, steep slopes, erodible soils, wetlands, flood plains, forest
harvesting, surface mining, land disturbance activities, or other
environmental protection areas, the more protective shall apply.
(8) The buffer requirement in Section 3-3.2(A) of this Ordinance which
stipulates a one hundred (100) foot vegetated buffer, adjacent to
perennial streams, for all new development activities which utilize the
high density option, applies to the entire Deep River watershed. The
first fifty (50) feet of these riparian areas on either side of these waters
must also be protected in accordance with all the requirements of this
section.
(9) Plats recorded for properties in the Deep River watershed shall include
a delineation of riparian areas as defined in this Ordinance.
(D) LOWER ABBOTT'S CREEK SEWER SERVICE AREA WATERSHED PROTECTION
RULES
(1) The watershed protection rules as setout in Section 3-3.2(C) "Deep River Watershed
Riparian Areas" shall also apply to that portion of the Lower Abbott's Creek Basin under
the planning jurisdiction of the Town of Kemersville that can be served by the extended
sewer service area as illustrated in the 201 Facilities Plan Amendment dated February
2002 for all tracts of land greater than 5-acres or multiple tracts of the same development
project which exceed a cumulative total of 5-acres, except nonresidential and non-
civil/institutional land uses which shall adhere to this ordinance if they are greater than 2-
acres, with the following modifications:
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(a) Zone 1 of the protected riparian area shall average 30-feet in width on all sides •
of the water body. Those areas where Zone 1 is allowed to be less than 30-feet
shall be for recreational, utility/roadway crossings and other public purposes.
Zone 1 shall begin at the top of the waterbody bank and extends landward on all
sides of the waterbody and perpendicular to the waterbody.
(b) Zone 2 shall begin at the outer edge of Zone lwhere Zone 1 is 50-feet or less
and shall terminate at a point 50-feet from the top of the waterbody bank. The
100-foot vegetative buffer requirements for the high-density option as defined in
this ordinance shall also apply.
(c) Where practical, connectivity of undisturbed and revegetated areas shall be
incorporated into land planning and final land use designs.
(d) Stormwater control devices shall not be placed in the 100-Year floodplain unless
no practical alternative exist and fill material shall not encroach more than that
allowed in the Unified Development Ordinance.
(2) In accordance with the definition of riparian buffers in Section 3-3.2(C)(1) above, the
developer and/or property owner shall provide an accurate delineation of all existing
riparian buffers on the submitted site plan.
(3) Where it is impractical or it is deemed unfeasible by the Watershed Administrator to
maintain Zone 1 at an average of 30-feet, other mitigation measures may be considered in order to
offset the buffer loss. Approved mitigation measures include but are not limited to: installation of
Structural BMP's, stream restoration, stream preservation, wetland restoration, bottom land
hardwood preservation, and open space preservation.
3-3.3 INTERPRETATION OF WATERSHED AREA BOUNDARIES •
In the interpretation of boundaries of watershed areas and properties within the same as shown on the
Watershed Map made a part of this Ordinance:
(A) Where area boundaries are indicated as approximately following either street, alley, railroad or
highway lines or centerlines thereof, such lines shall be construed to be said boundaries;
(B) Where area boundaries are indicated as approximately following lot lines, such lot lines shall be
construed to be said boundaries. However, a surveyed plat prepared by a registered land surveyor
may be submitted to the Town of Kernersville as evidence that one or more properties along these
boundaries do not lie within the watershed area;
(C) Where the watershed area boundaries lie at a scaled distance more than twenty-five (25) feet from
any parallel lot line, the location of watershed area boundaries shall be determined by use of the
scale appearing on the watershed map;
(D) Where the watershed area boundaries lie at a scaled distance of twenty-five (25) feet or less from
any parallel lot line, the location of watershed area boundaries shall be construed to be the lot line;
and,
(E) Where other uncertainty exists, the Watershed Administrator shall interpret the Watershed Map as
to location of such boundaries.
3-3.4 APPLICATION OF REGULATIONS
(A) No building shall be constructed, nor land used, nor development take place, except in conformity
with the regulations herein specified for the watershed area in which it is located.

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•
?J
Table 3.1
Performance Standards for Density Bonus Checklist
for Allocation of 10/70 rule in Watershed III BW
Category Standard Points
Tax Base
(estimated tax value of the land & building(s) of completed project) 50
$2,000,000 - $4,999,999 75
$5,000,000 - $9,999,999 100
$10,000,000 or more
Conformance to Kernersville Development Plan 100
Downtown District
(original town boundary) 50
Revitalization of Existing Development
(reuse of existing developed property) 50
Lot of Record That is Less Than I Acre 50
Special Use Zoning Application 50
(excluding Special Use District - TWO PHASE)
Dedication of Public Right-of-Way and/or Easement 50
(excluding density credit for public right-of-way or easements granted during
rezoning or subdivision reviews)
TOTAL
(E) If the request is approved by the Board of Aldermen, the Watershed Administrator shall issue a
SIDA permit. A record of all SIDA permits shall be kept on file in the office of the Watershed
Administrator.
(F) After the approved SIDA project is completed the developer shall submit an as-built drawing of
the site plan certified by a surveyor.
(G) A SIDA approval shall expire after three (3) years unless construction of the pond has begun.
•
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3-4 LOW DENSITY DEVELOPMENT REGULATIONS
The owner of any lot, parcel, or tract of land may elect to develop his property either under the provisions
of this Chapter, or those listed in Section 3-5, the high density section of this Ordinance.
3-4.1 ESTABLISHMENT OF WATERSHED AREAS
For purposes of this Ordinance, the categorization of watersheds is as follows:
WS-III-BW Balance of Watershed
WS-IV-CA Critical Area
WS-IV-BW Balance of Watershed
3-4.2 WATERSHED AREAS DESCRIBED
(A) WS-III WATERSHED AREA - BALANCE OF WATERSHED (WS-III-BW)
(1) Single family detached residential uses are permitted at a maximum of two (2) dwelling
units per gross acre, or may be permitted as a low density permit or a high density permit.
All single-family developments using the low density or high density criteria shall
include in the impervious calculations, the impervious surface areas within the public
right-of-way and easements.
For single family subdivision developments that are created, after April 3, 2001, that use
either the low density permit or high density permit criteria the developer shall:
(a) Be allowed 20% coverage for a low density permit and 46% for a high density
permit.
(b) Caused to be placed on the face of the recorded plat the maximum allowed
impervious area to be developed on each lot.
(c) Each site plan submitted for a building permit shall include an existing and
proposed pervious and impervious calculation certified by an architect, land
planner, landscape architect, engineer or surveyor who prepared the site plan
along with his/her registration seal.
Other residential developments shall be permitted at a maximum of twenty four percent
(24%) impervious area for a low-density permit or fifty percent (50%) impervious area
for a high density permit.
(B) WS-IV WATERSHED AREAS - CRITICAL (WS-IV-CA)
(1) Single family detached residential uses are permitted at a maximum of two (2) dwelling
units per gross acre or shall be permitted at a maximum of twenty percent (20%)
impervious area for a low density permit.
For single family subdivision developments that are created after April 3, 2001 that use
the low density permit criteria the developer shall:
(a) Be allowed 20% coverage for a low density permit.
(b) Caused to be placed on the face of the recorded plat the maximum allowed
impervious area to be developed on each lot.
(c) Each site plan submitted for a building permit shall include an existing and
proposed pervious and impervious calculation certified by an architect, land
planner, landscape architect, engineer or surveyor who prepared the site plan
along with his/her registration seal.
•
•
•
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0 (C) WS-IV WATERSHED AREAS B BALANCE OF WATERSHED (WS-IV-BW)
(1) Single family detached residential uses are permitted at a maximum of two (2) dwelling
units per gross acre, or may be permitted as a low density permit or high density permit
development. All single family developments using the low density or high density
criteria shall include in the impervious calculations, the impervious surface areas within
the public right-of-way and easements.
For residential developments that are created after April 3, 2001 that use the low density
permit or high density permit impervious criteria the developer shall:
(a) Be allowed 20% coverage for a low density permit and 66% for a high density
permit.
(b) Caused to be placed on the face of the recorded plat the maximum allowed
impervious area to be developed on each lot.
(c) Each site plan submitted for a building permit shall include an existing and
proposed pervious and impervious calculation certified by an architect, land
planner, landscape architect, engineer or surveyor who prepared the site plan
along with his/her registration seal.
Other residential development shall be permitted at a maximum of twenty four percent
(24%) impervious area for a low density permit or seventy percent (70%) impervious
area for a high density permit.
3-4.3 LOW DENSITY WATERSHED PERMIT APPLICATION
(A) A low density watershed permit shall be required for new or expanded development, as
• established by Section 3-4.2 of this Ordinance.
(B) Application for a low density watershed permit shall be submitted to the Watershed
Administrator and shall include:
(1) The signature of the owner of the property, except that the signature of the surveyor,
engineer or other agent will be accepted only if accompanied by a letter of authorization
from the owner;
(2) Five (5) copies of the site plan, application forms, subdivision checklist (if applicable)
and detailed information concerning impervious area;
(3) When required by the Kernersville Erosion and Sedimentation Control Ordinance,
written verification that a soil erosion and sedimentation control plan has been approved
by the Inspections Division; and,
(4) Permit application fees in accordance with Section 3-5.6 herein.
(C) The Watershed Administrator may provide an opportunity to public agencies affected by the
development proposal to review and make recommendations in regard to the application. Failure
of the agencies to submit their comments and recommendations shall not delay action within the
prescribed time limit.
(D) The Watershed Administrator shall review and approve or disapprove each application for a
low density development permit in accordance with the standards established by this Ordinance.
(1) If the Watershed Administrator approves the application, such approval shall be
indicated on the permit and copies of the site plan. A copy of the permit and one copy of
each set of plans shall be kept on file at the Watershed Administrator's office. The
original permit and one copy of each set of plans shall be delivered in person to the
applicant or by registered mail, return receipt requested.
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(2) The applicant shall not sell, convey, nor otherwise transfer ownership interest of
property without first disclosing the continuous obligation of all subsequent property
owners to conform with the requirements of the low density watershed permit. The
following statement shall appear on all deeds recorded in watershed areas developed to
low density standards:
SURVEYOR'S CERTIFICATE
Low Density Permit
I, , certify that this watershed application - low density option was prepared
Name, and professional registration
by me, or under my direct supervision, and that the plans and specifications meet all requirements of the
Kernersville Watershed Ordinance and North Carolina General Statute 47-30.
Witness my hand and seal this day of , A.D., 20
Surveyor, Engineer or Landscape Architect
NOTICE: THIS PROPERTY IS LOCATED IN A WATERSHED PUBLIC WATER SUPPLY
WATERSHED. DEVELOPMENT RESTRICTIONS APPLY.
(3) If the Watershed Administrator disapproves the application, the reasons for such
action shall be stated in writing and presented in person to the applicant or by registered
mail, return receipt requested. The applicant may make changes and submit a revised
plan. All revisions shall be submitted, reviewed and acted upon by the Watershed
Administrator pursuant to the procedures of this section.
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•
•
•
• 3-5 HIGH DENSITY DEVELOPMENT REGULATIONS
3-5.1 HIGH DENSITY DEVELOPMENT STANDARDS
(A) WS-III WATERSHED AREAS - BALANCE OF WATERSHED (WS-III-BW).
New or expanded development exceeding either two (2) dwelling units per gross acre or twenty-
four percent (24%) impervious area shall utilize engineered storm water controls to control runoff
from the first inch of rainfall. Development shall not exceed fifty percent (50%) impervious area
except as provided herein. Nonresidential uses with a seventy percent (70%) impervious area
which utilizes no more than ten percent (10%) of the watershed area may be approved as a Special
Intensive Development Allocation (SIDA) as established by Section 3-3.9 of this Ordinance.
(B) WS-IV WATERSHED AREAS - CRITICAL AREA (WS-IV-CA).
New or expanded development exceeding two (2) dwelling units per gross acre or twenty-four
(24%) impervious area shall utilize engineered storm water controls to control runoff from the first
inch of rainfall. Development shall not exceed fifty percent (50%) impervious area.
(C) WS-IV WATERSHED AREAS - BALANCE OF WATERSHED (WS-IV-BW).
New or expanded developments requiring a sedimentation/erosion control plan as required by the
Kernersville Erosion and Sedimentation Control Ordinance and exceeding two (2) dwelling units
per acre or twenty-four percent (24%) impervious area, shall utilize engineered storm water
controls to control runoff from the first inch of rainfall. Development shall not exceed seventy
percent (70%) impervious area.
3-5.2 HIGH DENSITY WATERSHED PERMIT APPLICATION
(A) A high density watershed permit shall be required for new or expanded development exceeding
the requirements of the low density option, as established by Section 3-4.2 of this Ordinance.
(B) Application for a high density watershed permit shall be submitted to the Watershed
Administrator and shall include:
(1) The signature of the owner of the property, except that the signature of the engineer,
landscape architect, or other agent will be accepted on the application if accompanied by
a letter of authorization from the owner;
(2) Five (5) copies of the site plan, application forms, subdivision plat checklist (if
applicable), and detailed information concerning impervious area;
(3) Five (5) copies of the plans and specifications of the storm water control structure as
required by Section 3-5.3 of this Ordinance;
(4) An agreement by applicant to place upon record, with the Register of Deeds of the
County within which the subject property is located, restrictive covenants providing for
the perpetual maintenance of all storm water control structures, ponds, and devices as
required by Sections 3-5.3 and 3-5.4 herein;
(5) When required by the Kernersville Erosion and Sedimentation Control Ordinance,
written verification that a soil erosion and sedimentation control plan has been approved
by the Inspections Division; and,
(6) Permit application fees as established by Section 3-5.6 of this Ordinance.
(C) Homeowner's/Property Owner's. For those developments having a permanent storm water
control structure, (Homeowner's/Property Owner's) Association Covenants, Conditions and
Restrictions and Articles of Incorporation shall be reviewed and approved by the Watershed
Review Committee prior to recordation of a plat.
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. (b) Executes and records an operation and maintenance agreement as required in
Section 3-5.4 herein, and provides the Watershed Administrator with a recorded
copy;
(c) Records a storm water control maintenance lien as required by Section 3-5.4
herein, and provides the Watershed Administrator with a recorded copy; and,
(d) Provides the Watershed Administrator with a copy of the recorded deed for the
property showing all storm water control structures or devices and bearing the
disclosure statement as required by Section 3-5.5 herein.
A copy of the permit, one copy of each set of plans, and a copy of the recorded deed and
other required documents shall be kept on file at the Watershed Administrator's office.
The original permit and one copy of each set of plans shall be delivered to the applicant
either by personal service or registered mail, return receipt requested.
(2) If the Watershed Review Committee disapproves the application, the reasons for such
action shall be stated in writing and delivered to the applicant in person or by registered
mail, return receipt requested. The applicant may make changes and submit a revised
plan. Any revisions shall be submitted, reviewed and acted upon by the Committee
pursuant to the procedures of this section.
(F) The Watershed Review Committee shall issue a high density watershed permit within sixty-five
(65) days of its first consideration upon finding that the proposal is consistent with the applicable
standards set forth in the Watershed Protection Ordinance and upon finding that the following
conditions are met:
(1) The use will not endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved; and,
• (2) The use is consistent with the officially adopted Land Use Plan for the Town of
Kernersville.
(G) The Watershed Review Committee may set forth additional permit conditions as it deems
necessary to meet the requirements of this Ordinance. All such conditions shall be entered in the
minutes of the meeting at which the permit is granted, on all plans, and on the permit certificate.
All such conditions shall run with the land and shall be binding upon the applicant and all
subsequent owners of such property. The applicant shall cause a certificate of approval for
recording to appear on the deed and record same with the Register of Deeds.
(H) The Committee shall issue a written report and make copies available at the office of the
Watershed Administrator.
3-5.3 STORM WATER CONTROL STRUCTURES
(A) New development under the high density option shall employ engineered storm water controls, or
alternatively, storm water management practices (BMP's) consisting of other treatment options of
a combination of treatment options approved for this use by the Director of North Carolina Water
Quality Division. Wet detention ponds must be employed as the preferred storm water control
alternative. All storm water management practices approved pursuant to this Ordinance shall be
designed to remove eighty-five percent (85%) of the total suspended solids in the storm water
runoff.
(B) All storm water control structures and/or storm water systems shall be designed by either a
North Carolina registered professional engineer or landscape architect. Land surveyors may
design incidental drainage within a subdivision, as provided in North Carolina General Statute
89(C)-3(7). All drawings and specifications as provided for herein shall bear the seal of the
professional responsible for the preparation thereof.
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(C) Prior to the issuance of a watershed permit, the applicant shall convey unto the Town of •
Kernersville, or its successors or assigns an easement and right-of-way establishing the right of
ingress, egress, and regress over the property for the purpose of inspection, repair, or maintenance
of the storm water control structure(s). A description of the area containing the storm water
control structure(s) within a drainage easement shall be contained within the deed filed with the
Register of Deeds together with any dedication necessary for access to and from the storm water
control structure(s) and a public street. The detention pond, vegetative filters, all pipes and water
control structures, including berms and dikes, and sufficient area to perform inspections,
maintenance, repairs and reconstruction together with all easements and rights-of-way applying
thereto shall be indicated on the application.
(D) Pervious areas of the storm water control structure shall be used when computing total
impervious area. The storm water control structure shall be used to compute the percentage of
impervious area for only one site.
3-5.4 POSTING OF FINANCIAL SECURITY REQUIRED
(A) Adequate financial assurance in the form of a cash performance bond together with a contractual
lien upon the property granted by the applicant unto the Town of Kernersville shall be provided
for the purpose of assuring construction, continued maintenance, repairs or reconstruction
necessary for adequate completion and continued maintenance of any storm water control
structure(s). The applicant shall deposit with the Town of Kernersville in an amount equal to one
hundred percent (100%) of the total cost of the storm water control structure(s). The total cost of
the storm water control structure(s) shall include the value of all materials, piping and other
structures, seeding and soil stabilization, design and engineering, grading, excavation, fill, and
other work. The costs shall be computed upon the assumption of an independent mobilization.
The applicant shall submit unit cost information pertaining to all storm water control structures(s)
and/or bids from the grading contractor hired to perform the work and any change orders related
thereto as a method to determine the basis for cost of the work. The final cost determination shall
be made by the Watershed Administrator, taking into consideration any additional costs as deemed
necessary for completion by the Town Engineer, Public Works Director, or Watershed Review
Committee.
(B) Default under the cash security. Upon default of the owner to construct, maintain, repair, or
reconstruct the storm water control structure(s) in accordance with the operation and/ maintenance
agreement, the Board of Aldermen shall obtain and use all or any portion of the cash security to
make necessary improvements based on an engineering estimate or bids. The Board of Aldermen
may return any of the deposited cash funds after all expenses of completed construction, continued
maintenance, repair, redesign, or reconstruction of the storm water control structure(s) in
accordance with the operation and maintenance agreement. The Board of Aldermen may also
assess the owners for any additional funds needed to complete said improvements which
assessment may be enforced by the contractual lien granted unto the Town of Kernersville
provided for in Section 3-5.4 above.
(C) Operation and maintenance agreement. The applicant shall enter into a binding operation and
maintenance agreement with the Town of Kernersville in accordance with the provisions of
Section 3-5.5 of this Ordinance. This agreement shall require the owner to maintain, repair, or
reconstruct the storm water control structure(s) in accordance with the approved operation and
management plan. The applicant shall file the operation and maintenance agreement with the
Register of Deeds after approval by the Watershed Review Committee.
(D) Contractual lien granted the Town of Kernersville. The owner shall grant a contractual lien to
the Town of Kernersville on all lands subject to the watershed permit for the purposes of
maintenance, repair, or reconstruction of the storm water control structure(s) in the event of failure
of the owners to maintain said structure(s) as set forth by the operation and maintenance
agreement. Said lien shall be subordinate only to any first deed of trust recorded for the property.
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• The applicant shall cause the lien to be recorded by the Register of Deeds and shall deliver a copy
to the Watershed Administrator after recordation.
3-5.5 MAINTENANCE AND REPAIR OF STORM WATER CONTROL STRUCTURES
(A) An operation and maintenance plan shall be provided by the applicant for each storm water
control structure proposed. Such plan shall specify all operation and maintenance work necessary
for the storm water control structure(s). The plan shall specify methods to be used to maintain or
restore a storm water control structure to design specifications in the event of failure. The plan
shall include all conditions and specifications imposed by the Town Code and this Ordinance.
(B) Ongoing maintenance of any storm water control structure(s) shall be the responsibility of the
owner. Vegetation which threatens the integrity of the control structure or interferes with any
easement or access to the storm water control structure(s) are prohibited and shall be removed.
The owner, upon direction by the Watershed Administrator, shall remove any such vegetation
within thirty (30) days of said notification.
(C) The owner shall notify the Watershed Administrator before repairing or reconstructing any
storm water control structure(s), except that mowing and/or minor seeding of small areas shall not
require approval. All repair or reconstruction shall be made only in conformance with the
approved plans and specifications of the storm water control structure(s) and the operation and
maintenance plan submitted to the Town at the time of application. The Watershed Administrator
shall inspect the storm water control structure(s) upon completion and shall notify the owner of
any additional work, changes or modifications necessary, which shall be completed within thirty
(30) days of notification by the Watershed Administrator, as set forth by Section 3-1.16 of this
Ordinance.
(D) Any amendments to the plans and specifications of the storm water control structure(s) and/or the
operation and maintenance plan shall be approved by the Watershed Review Committee. Any
proposed changes shall be prepared by a North Carolina registered professional engineer or
landscape architect and submitted to the Watershed Administrator.
(1) Upon approval of the proposed changes, one copy of each set of plans shall be kept on
file in the Office of the Watershed Administrator.
(2) If the Watershed Review Committee disapproves the changes, the proposal may be
revised and resubmitted to the Watershed Review Committee.
(E) The Watershed Review Committee shall notify the applicant in writing of approval and/or any
required changes. The applicant shall prepare and file copies of the revised plan as an attachment
to the deed filed with the Register of Deeds, and the office of the Watershed Administrator.
(F) Applicant shall cause to be recorded in the Register of Deeds of the County within which the
subject property is located, restrictive covenants running with the title to such property in
perpetuity, which shall provide for the ongoing maintenance and upkeep of the storm water
control structure, ponds, and devices, in accordance with the storm water operation and
maintenance plan as provided for herein. Such restrictive covenants shall provide that the Town
of Kernersville has the right to enforce such restrictive covenants against all present and
subsequent property owners and shall survive any action of bankruptcy affecting the subject
property.
(G) The applicant shall not sell, convey, nor otherwise transfer ownership interest of property
without requiring restrictive covenants to maintain the storm water control structure(s). The
continuous ongoing obligation of all subsequent property owners to operate, maintain, and re-
construct the storm water control structure(s) shall be disclosed in all deeds of conveyance. All
lots subsequently presented for recording to the Register of Deeds of the County in which the
subject property is located shall contain a full disclosure regarding the storm water control
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structure(s) together with any restrictive covenants and liens pertaining to maintenance of said
structure(s). The following statement shall appear on all deeds recorded in high density watershed
areas:
3-5.6 APPLICATION AND INSPECTION FEES
(A) Application and inspection fees shall be paid in the form of a check or money order made
payable to the Town of Kernersville. Applications not accompanied by the required fee shall not
be accepted.
(B) An inspection fee shall be required when improvements are made to the storm water control
structure as required by Section 3-5.5 herein. Inspection fees shall be required for annual
inspection of storm water control structures. Application and inspection fees shall be valid for
sixty (60) days.
3-5.7 INSPECTIONS AND RELEASE OF THE CASH SECURITY
(A) After a storm water control structure is complete, an inspection shall be made by the
Watershed Administrator, upon notification by the applicant. At this inspection, the applicant
shall provide:
(1) The signed deed, related easements, restrictive covenants, contractual lien, and a survey
plat showing the storm water control structure(s) in completed form for filing with the
Register of Deeds; and,
(2) A certification bearing the seal and signature of an engineer or landscape architect
stating that the storm water control structure(s) is complete and has been constructed in
accordance with the approved plans and specifications.
(B) Upon completion of the storm water control structure(s), the owner may request release of
fifty percent (50%) of the cash deposit. Upon request by the owner, the Watershed Administrator
shall inspect the storm water control structure(s) to determine that the storm water control(s) have
been constructed as required by this Ordinance. The Watershed Administrator, upon determining
that the storm water control(s) have been installed in conformity with the Ordinance, shall release
fifty percent (50%) of the cash deposit.
ENGINEER'S CERTIFICATE - High Density Watershed Permit
I , certify that the storm water control structure(s) located on the property described
Name, and professional registration
herein was prepared by me, or under my direct supervision, that the plans and specifications meet all requirements of the
Kemersville Watershed Ordinance and North Carolina General Statute 47-30.
Witness my hand and seal this day of , A.D., 20
Engineer or Landscape Architect
NOTICE: THIS PROPERTY IS LOCATED IN A WATERSHED _ PUBLIC WATER SUPPLY WATERSHED.
DEVELOPMENT RESTRICTIONS APPLY. THIS PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS AND
A CONTRACTUAL LIEN REQUIRING MAINTENANCE AND ANNUAL INSPECTION OF A STORM WATER
CONTROL STRUCTURE.
(C) No sooner than one year after the recording date of the deed(s), easements and maintenance
agreement, the owner may request release of the remainder of the cash deposit. Upon request by
the owner, the Watershed Administrator shall inspect the storm water control structure(s) to
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• determine that the storm water control(s) are performing as required by this Ordinance. The
Watershed Administrator, upon determining that the storm water control(s) are performing as
required by this Ordinance, and after any repairs to the storm water control structure(s) are made
by the owner, shall release the remaining cash deposit.
(D) A certificate of occupancy shall not be issued for any structure within the permitted development
until the Watershed Administrator has approved the storm water control structure(s), as provided
in Section 3-5.7 herein.
(E) All storm water control structures shall be inspected at least on an annual basis to determine
that the controls are performing as required by this Ordinance. Records of inspection shall be
maintained by the Watershed Administrator. Annual inspections shall begin within one year of
the recordation of any deed(s) showing storm water control structure(s). Fees for annual
inspections shall be set by the Board of Aldermen.
(F) The Watershed Administrator shall notify the owner of any repair or reconstruction necessary to
meet the requirements of the Ordinance. All repair or reconstruction shall be in accordance with
the plans and specifications for the storm water control structure and the operation and
maintenance plan and shall be completed within thirty (30) days after notification by the
Watershed Administrator as set forth by Section 3-1.16 of this Ordinance. Upon request by the
owner, the Watershed Administrator shall inspect and approve the completed repairs.
(G) Appeals of any order, requirement, decision or determination made by the Watershed
Administrator may be made to, and decided by, the Board of Adjustment as set forth in Section 3-
7.7 of this Ordinance.
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3-6 PUBLIC HEALTH REGULATIONS •
3-6.1 ABATEMENT
(A) The Watershed Administrator shall determine violations of this Ordinance and shall notify the
property owner of any such violations. The Watershed Administrator shall institute actions or
proceedings necessary to restrain, correct or abate the condition and/or violation.
(B) In the event that the Watershed Administrator determines that a property owner(s) is in
violation of this Ordinance by the failure of the property owner(s) to operate and maintain the
storm water control structure(s) in conformance with the operation and maintenance agreement
described in Section 3-5.4 and that such violation, if not corrected, may cause the Town of
Kernersville to be subject to civil penalties promulgated by the Division of Environmental
Management of the Department of Environment and Natural Resources, the Watershed
Administrator shall follow the procedure outlined below to abate the violation:
(1) The Watershed Administrator shall notify the property owner(s) in writing of all
violations of this Ordinance and shall define therein corrective measures required of the
property owner;
(2) The property owner(s) shall have thirty (30) days from the mailing or delivery of
written notice of violation to correct all problems noted by the Watershed Administrator
and to bring the storm water control structure(s) into compliance with this Ordinance.
(3) Upon expiration of thirty (30) days from the mailing or delivery of written notice of
violation, the Watershed Administrator shall inspect the storm water control structure(s)
and should all problems not be so corrected and the property owner(s) remains in
violation of this Order, the Watershed Administrator shall be authorized to employ the •
services of a licensed professional engineer to evaluate and develop plans and
specifications of the corrective actions necessary, and any costs thereof, to repair the
storm water control structure(s) so that the property is brought into compliance with this
Ordinance.
(4) All costs of evaluation and repair, or estimates of such repair, incurred by the Town of
Kernersville for evaluating and repairing defects of the storm water control structure(s) in
order to bring the property into compliance with this Ordinance shall be assessed against
the property owner(s) pursuant to the terms of the contractual lien as set forth in Section
3-5.4.
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• 3-7 ADMINISTRATION
3-7.1 WATERSHED ADMINISTRATOR AND DUTIES THEREOF
The Town Manager shall appoint a Watershed Administrator, whose duties shall be the administration and
enforcement of this Ordinance as follows:
(A) The Watershed Administrator shall issue watershed permits and make watershed inspections as
set forth by this Ordinance. A record of all permits shall be kept on file and shall be available for
public inspection during regular office hours of the Watershed Administrator.
(B) The Watershed Administrator shall serve as Secretary to the Watershed Review Committee.
(C) The Watershed Administrator shall keep records of all amendments to the local Water Supply
Watershed Protection Ordinance and shall provide copies of all amendments upon adoption to the
Supervisor of the Classification and Standards Group, Water Quality Section, Division of
Environmental Management, North Carolina Department of Environment and Natural Resources.
(D) The Watershed Administrator shall keep records of any exemptions approved by the Watershed
Review Committee. A record of all exemptions granted by the Town during the previous calendar
year shall be submitted to the Division of Environmental Management on or before January 1st of
the following year.
(E) The Watershed Administrator shall keep records of any SIDA allocation(s). Records for each
watershed shall include the total acres of noncritical watershed area, total acres eligible to be
developed with SIDA, total acres approved for SIDA, and individual records for each SIDA
project including the following information: location, acres, site plan, use, storm water
management plan as applicable, and inventory of any hazardous materials as applicable.
• (F) The Watershed Administrator may enter any building, structure, or premises, as provided by
law, to perform any duty imposed upon him by this Ordinance.
3-7.2 WATERSHED REVIEW COMMITTEE
All high density watershed permit applications shall be reviewed and approved by the Watershed Review
Committee prior to the issuance of building permits. The Watershed Review Committee shall be appointed
by the Town Manager.
(A) Powers and duties. The Watershed Review Committee shall review all high density applications
for watershed permits to insure compliance with this Ordinance. This review shall involve the
exercise of authority only as established by this Ordinance.
(B) Within thirty (30) days of receipt of a high density application by the Watershed Administrator,
and after staff review of the application, a meeting of the Watershed Review Committee shall be
called by the Chairman (Town Manager) to review the application. All meetings of the
Committee shall be open to the public, and any party may petition in person or by agent duly
authorized to act in his behalf. A majority vote of the Watershed Review Committee shall be
required on all issues considered by the Committee.
(C) No certificates of occupancy shall be issued until the applicant has complied with all approved
plans and specifications of the watershed permit.
3-7.3 EXCEPTIONS, MINOR
The Watershed Review Committee is empowered to authorize, in certain cases, minor exceptions as
defined by this Ordinance. The Watershed Administrator upon receipt of an application for a minor
exception, shall notify in writing each local government having jurisdiction in the watershed, and all
entities using the water supply for consumption. Such notice shall include a description of the minor
• exception being requested. Local governments receiving notice of the minor exception request may submit
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(6) A minor exception issued in accordance with this section shall be considered a
watershed permit and shall expire if a building permit or watershed occupancy permit for
such use is not obtained by the applicant within six (6) months from the date of approval.
3-7.4 EXCEPTIONS, MAJOR
(A) The Watershed Administrator upon receipt of an application for a major exception, shall notify
in writing each local government having jurisdiction in the watershed, and all entities using the
water supply for consumption. Such notice shall include a description of the major exception
being requested. Local governments receiving notice of the major exception request may submit
comments to the Watershed Administrator prior to a recommendation by the Watershed Review
Committee. Such comments shall become a part of the record of proceedings of the Committee.
(B) If the application calls for the granting of a major exception, and if the Watershed Review
Committee recommends in favor of granting the major exception, the Committee shall prepare a
record of the hearing with all deliberate speed. The record of the hearing shall include:
(1) The major exception application;
(2) The hearing notices;
(3) The evidence presented;
(4) Motions, offers of proof, objections to evidence, and rulings on them;
(5) Proposed findings and exceptions; and,
(6) The proposed decision, including all conditions proposed to be added to the permit.
The record shall be sent to the North Carolina Environmental Management Commission (the
Commission) for its review as follows:
(7) If the Commission concludes from the record that the exception qualifies as a major
0 exception and that:
(a) The property owner can make no reasonable use of the property unless the
proposed major exception is granted; and,
(b) The exception, if granted, will not result in a serious threat to the water supply.
Then the Commission shall approve the exception as proposed or approve the proposed
major exception with conditions as it deems necessary for the general health, safety, and
welfare of the citizens of the Town of Kemersville, the watershed area, and the State of
North Carolina. The Commission shall prepare a Commission decision and send it to the
Watershed Review Committee. If the Commission approves the major exception as
proposed, the Watershed Review Committee shall prepare a final decision granting the
proposed exception. If the Commission approves the major exception with conditions
and stipulations, the Watershed Review Committee shall prepare a final decision,
including such conditions and stipulations granting the proposed major exception.
(8) If the Commission concludes from the preliminary record that the exception qualifies as a
major exception and that:
(a) The property owner can secure a reasonable return from or make a practical use
of the property without the exception; or,
(b) The major exception, if granted, will result in a serious threat to the water
supply, then the Commission shall deny approval of the exception as proposed.
The Commission shall prepare a decision and send it to the Watershed Review
Committee. The Watershed Review Committee shall prepare a final decision
denying the major exception as proposed.
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3-7.5 APPEAL FROM THE WATERSHED ADMINISTRATOR OR WATERSHED REVIEW
COMMITTEE
Any appeal of any administrative order, requirement, decision or determination made by the Watershed
Administrator or Watershed Review Committee shall be made to and heard by the Board of Adjustment.
An appeal from a decision of the Watershed Administrator, or Watershed Review Committee must be
submitted to the Board of Adjustment within thirty (30) days from the date the order, interpretation,
decision or determination is made. All appeals must be made in writing stating the reasons for appeal.
Following submission of an appeal, the Watershed Administrator shall transmit to the Board of Adjustment
all papers and documents constituting the record upon which the action appealed was taken.
The Board of Adjustment, at its next regularly scheduled meeting shall provide for hearing of the matter on
appeal in accordance with its established rules, regulations, and procedures established by the Zoning
Ordinance, Section 10-1.1.
3-7.6 POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT
For purposes of this Ordinance, the Board of Adjustment shall be empowered to hear all administrative
appeals as set forth in Section 3-7.5 of this Ordinance. The Board of Adjustment shall hear and decide
appeals from any decision or determination made by the Watershed Administrator or Watershed Review
Committee in the enforcement of this Ordinance.
The Board of Adjustment shall hear all such matters in accordance with the rules and procedures
established by the Zoning Ordinance, Section 10-1.1.
3-7.7 APPEALS FROM THE BOARD OF ADJUSTMENT
Appeals from the Board of Adjustment must be filed by petition for review with the Clerk of Superior
Court in which the subject property is located within thirty (30) days from the date of the decision. Every
decision of the Board of Adjustment shall be subject to review by the Superior Court by proceedings in the
nature of certiorari.
3-7.8 CHANGES AND AMENDMENTS TO THE WATERSHED PROTECTION ORDINANCE
(A) The Kernersville Board of Aldermen may, on its own motion or upon petition of an interested
party, after public notice and hearing, amend, supplement, change or modify the watershed
regulations and requirements as described herein by Ordinance.
(B) All proposed changes and amendments to this Ordinance shall be submitted to the Watershed
Review Committee for review and recommendations. If no recommendation has been received by
the Board of Aldermen from the Watershed Review Committee within forty-five (45) days after
submission of the proposal to the Watershed Review Committee, the Board of Aldermen may
proceed as though a favorable report had been received.
(C) Under no circumstances shall the Board of Aldermen adopt by Ordinance or by amendments,
supplements or changes in violation of the Watershed Protection Rules as adopted by the North
Carolina Environmental Management Commission. All subsequent Ordinances supplementing,
amending, or changing this Ordinance shall be filed with the North Carolina Division of
Environmental Management, North Carolina Department of Environment and Natural Resources.
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CHAPTER C - ENVIRONMENTAL ORDINANCE
ARTICLE IV - STORM WATER RUNOFF
4-1 GENERAL
Engineered storm water plans for all projects requiring site plan review under Section 2-4 of the Zoning
Ordinance shall be submitted to the Public Works Director for review.
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• CHAPTER C - ENVIRONMENTAL ORDINANCE
ARTICLE V - DAM BREACH HAZARD AREAS
5-1 GENERAL
5-1.1 PURPOSE OF REGULATION
Dam breach hazard areas are those areas located downstream of certain dams designated by the United
States Soil Conservation Service, which may be flooded in case of a dam breach. The risks to life and
property in such areas are similar to those in floodways and floodway fringes, although the frequency of the
risk may be less and the predictability of the risk is considerably less.
5-1.2 MAPS
Dam breach hazard areas subject to regulation shall be only those areas identified on Dam Breach Hazard
Area Maps adopted by the Planning Board and maintained in the office of the Planning Board. The North
Carolina Office of the United States Soil Conservation Service has been requested to map the areas in
Forsyth County which may be susceptible to damage from dam breaches. Administration and enforcement
of the development standards in this Section will be deferred until completion of the maps.
5-2 DEVELOPMENT STANDARDS
The development standards applicable to floodways, in accordance with Section 2-3.1 of this Ordinance,
shall apply to dam breach hazard areas.
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• CHAPTER C - ENVIRONMENTAL ORDINANCE
ARTICLE VI - ADMINISTRATION AND AMENDMENTS
6-1 ADMINISTRATION
To accomplish the purposes of this Ordinance and to insure compliance with these regulations, the
following administrative responsibilities are assigned:
6-1.1 GENERAL RESPONSIBILITIES
The Zoning Administrator shall enforce and administer the regulations of this Ordinance, under the general
direction of the manager of the adopting jurisdiction, and shall serve as secretary to the Board of
Adjustment. The Director of Planning and the Planning Board are responsible for making
recommendations to the Elected Body regarding Floodway and Floodway Fringe Regulations (Article II),
Watershed Regulations (Article III, IV), and Dam Breach Hazard Areas (Article V). The Board of
Adjustment or the Zoning Administrator may seek needed legal advice of the attorney for the adopting
jurisdiction and recommendations on land use matters from the Planning Board.
6-1.2 ZONING ADMINISTRATOR
To ensure compliance with the provisions of this Ordinance, the Zoning Administrator shall:
(A) ISSUE PERMITS
The Zoning Administrator shall issue permits as required in the articles of this Ordinance.
(B) MAINTAIN RECORDS
Make and maintain records of all applications for permits submitted to the Zoning Administrator,
and records of all permits and plans submitted, which shall be available for inspection at
reasonable times by any interested person.
(C) INSPECT AND ENFORCE
Conduct inspections of premises and take other lawful action to obtain compliance with the
provisions of this Ordinance.
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6-2 AMENDMENTS •
6-2.1 SUBMITTAL
Petitions to amend any provisions of this Ordinance, except the Storm Water Runoff (Article IV) provision,
shall be submitted to the Planning Board. Amendments to Article IV shall be submitted directly to the
Elected Body, although the Elected Body may request the Planning Board to review the proposed
amendment and forward a recommendation.
6-2.2 ADVERTISING
Whenever a petition to amend this Ordinance is submitted to the Planning Board or the Elected Body, the
respective board shall schedule a public hearing. Notice of the public hearing shall be advertised once a
week for two (2) successive calendar weeks in a newspaper of general circulation in Kernersville, the first
publication of said notice being not less than fifteen (15) days prior to the date fixed for the hearing.
6-2.3 PLANNING BOARD REVIEW
If applicable, the Planning Board shall submit a report and recommendation to the Elected Body within one
hundred and twenty (120) days after receipt by the Planning Board of the proposed amendment.
6-2.4 ELECTED BODY PUBLIC HEARING
A public hearing shall be held by the Elected Body on each proposed amendment to the Ordinance, after
publication of notice, as hereinabove provided. Said proposed amendment shall be placed on the agenda of
a regularly scheduled public hearing of the Elected Body within sixty (60) days of receipt of the proposed
amendment or the report and recommendations of the Planning Board.
6-2.5 ELECTED BODY AUTHORITY
The Elected Body has the authority to approve, deny, or approve with modifications any proposed
amendments, except that such action may not violate any provision of State or federal law.
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• 6-3 FEES
To defray a portion of the cost of advertising, as required by law, technical services necessitated by the
issuance of permits, review of proposed amendments to this Ordinance, or other requests for services in
connection with administration and enforcement of this Ordinance, fees shall be charged. Said fees shall be
established and modified by the Elected Body. Lists of said fees shall be maintained on file and available
to the public in the office of the Zoning Administrator.
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Town Ordinance
Zoning Docket KT-137

ORDINANCE NO. 0-2002-36A
AN ORDINANCE
AMENDING CHAPTER C, ARTICLE V, SECTION 5-3.2
OF THE UNIFIED DEVELOPMENT ORDINANCES
REGARDING BUFFER AREA REQUIRED
Be it ordained by the Board of Aldermen of the Town of Kernersville, North Carolina, that the Zoning
Ordinance of the Unified Development Ordinances is hereby amended as follows:
Section 1. Article V, "Watershed Protection (K)" of Chapter C "Environmental Ordinance," is hereby rewritten
to read as follows:
Section 5-3.2 BUFFER AREA REQUIRED
Add the underline statement to (C)(1):
"Riparian areas shall be protected and maintained in accordance with this Ordinance on all sides of surface
waters in the Deep River watershed such as intermittent streams, perennial streams, lakes, and ponds, as
indicated on the most recent version of the United States Geological _ Survey 1:24,000 scale (75 minute
uadrangle) topographic maps,
` except as rovided in section 5 3.2 (C)(2)(b) of this Ordinance, or other site-specific evidence that
,ndicates i\ll"sibn orate z OualitV the?resence of lu sdich arl waters not shown on either of these two
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Additions:
(D) Lower Abbott's Creek Sewer Service Area Watershed Protection Rules
(1) The watershed protection rules as setout in Section (C) "Deep River Watershed Riparian Areas" shall
also apply to that portion of the Lower Abbott's Creek Basin under the planning Jurisdiction of the
Town of Kernersville that can be served by the extended sewer service area as illustrated in the 201
Facilities Plan Amendment dated February 2002 for all tracts of land greater than 5-acres or multiple
tracts of the same development project which exceed a cumulative total of 5-acres, except nonresidential
and non-civil/institutional land uses which shall adhere to this ordinance if they are greater than 2-acres,
with the followinja modifications:
(a) Zone 1 of the protected riparian area shall average 30-feet-in width on all sides of the water body.
Those areas where Zone 1 is allowed to be less than 30-feet shall be for, recreational,
utility/roadway crossings and other public purposes Zone 1 shall begin at the top of the waterbodv
bank and extends landward on all sides of the waterbodv and perpendicular to the waterbodv-
(b)Zone 2 shall begin at the outer edge of Zone lwhere Zone 1 is 50-feet or less and shall terminate at a point
50 feet from the top of the waterbodv bank The 100 foot vegetative buffer requirements for the hi-
at-ion as defined in this ordinance shall also apply.
(c)Where?ractical connectivity of undisturbed and revegetated areas shall be incorporated into land planning
and final land use designs.
(d)
Development Ordinance.
(2) In accordance with the definition of riparian buffers in (C)(1) above, the developer and/or property
owner shall provide an accurate delineation of all existinp_riparian buffers on the submitted site plan
(3) Where it is imuractical or it is deemed unfeasible by the Watershed Administrator to maintain Zone 1 at
an average of 30-feet, other mitigation measures may be considered in order to offset the buffer loss.
Approved mitigation measures include but are not limited to: installation of Structural BMP's. stream
restoration, stream preservation, wetland restoration, bottom land hardwood preservation, and open
space preservation.
Section 2. This ordinance shall become effective November 27, 2002.
Attest:
Dale F. Martin, Town Clerk
J?O? ?, &Wy'.-
Larry R. Blown, Mayor
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• Storm Water Management Pro ream Resort for the Town ofKernersville - May 2004
TABLE OF CONTENTS
Introduction ....................................................................................... 4
1. Storm Sewer System Information ...................................................... 8
1.1 Population Served .......................................................... 8
1.2 Growth Rate ................................................................. 8
1.3 Jurisdictional and MS4 Service Area .................................... 9
1.4 MS4 Conveyance System ................................................. 9
1.5 Land Use Composition Estimates ........................................ 10
1.6 Estimate Methodology ..................................................... 11
1.7 TMDL Identification ....................................................... 11
2. Receiving Streams ....................................................................... 13
3. Existing Water Quality Programs ..................................................... 16
3.1. Local Programs ............................................................. 16
3.2. State Programs .............................................................. 16
4. Permitting Information .................................................................. 17
4.1. Responsible Part Contact List ............................................ 17
4.2. Organization Chart ......................................................... 17
4.3. Signing Official ........ 17
4.4. Duly Authorized Representative ......................................... 17
5. Co-Permitting Information .................................................................. 18
6. Reliance On Other Government Entity ................................................... 18
7. Storm Water Management Program Plan ................................................ 19
7.1. Public Education and Outreach on Storm Water Impacts ............ 19
7.1.1. BMP Summary Table ............................................. 19
7.1.2. Target Audience ................................................... 19
7.1.3. Target Pollutant Sources .......................................... 21
7.1.4. Outreach Program .................................................. 22
7.1.5. Decision Process .................................................... 23
7.1.6. Evaluation ........................................................... 24
7.2. Public Involvement and Participation .................................... 25
7.2.1. BMP Summary Table .............................................. 25
7.2.2. Target Audience ..................................................... 26
7.2.3. Participation Program ............................................... 26
7.2.4. Decision Process ..................................................... 27
7.2.5. Evaluation ............................................................ 27
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Storm Water Management Program Report for the Town of Kernersville - Mav 2004
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7.3. Illicit Discharge Detection and Elimination .................................. 28
7.3.1. BMP Summary Table ................................................ 28
7.3.2. Storm Sewer System Map ........................................... 28
7.3.3. Regulatory Mechanism .............................................. 29
7.3.4. Enforcement ............................................................ 29
7.3.5. Detection and Elimination ............................................ 30
7.3.6. Incidental Non-Storm Water Discharges ............................ 31
7.3.7. Non-Storm Water Discharges ......................................... 32
7.3.8. Outreach .................................................................. 32
7.3.9. Decision Process ........................................................ 33
7.3.10 . Evaluation ............................................................... 33
7.4. Construction Site Storm Water Runoff Control ............................. 34
7.4.1. BMP Summary Table .................................................. 34
7.4.2. Regulatory Mechanism ................................................ 34
7.4.3. Plan Reviews ............................................................ 35
7.4.4. Enforcement .............................................................. 35
7.4.5. Inspections ............................................................... 35
7.4.6. Public Information ...................................................... 35
7.4.7. Decision Process ........................................................ 36
7.4.8. Evaluation ............................................................... 36
7.5. Post-Construction Storm Water Management in New
Development and Redevelopment ............................................ 37
7.5.1. Locally Issued Storm Water Management Permits ................ 37
7.5.2. Operations and Maintenance Component ........................... 38
7.5.3. Control of Fecal Coliform Discharges ............................... 38
7.5.4. Nutrient Loading Program ............................................ 38
7.5.5. BMP Summary Table .................................................. 39
7.5.6. Non-Structural BMPs .................................................. 40
7.5.7. Structural BMPs ........................................................ 41
7.5.8. Regulatory Mechanism ................................................ 41
7.5.9. Decision Process ....................................................... 41
7.5.10 . Evaluation ............................................................... 42
7.6. Pollution Prevention and Good Housekeeping
for Municipal Operations ...................................................... 43
7.6.1. BMP Summary Table ................................................. 43
7.6.2. Affected Operations ................................................... 45
7.6.3. Employee Training .................................................... 45
7.6.4. Maintenance and Inspection .......................................... 46
7.6.5. Vehicular Operations .................................................. 46
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Storm Water Management Program Report for the Town ofKernersville - May 2004
7.6.6 Waste Disposal ......................................................... 47
7.6.7. Flood Management Projects ......................................... 47
7.6.8. Evaluation of Existing Operations .................................. 47
7.6.9. Decision Process ...................................................... 48
7.6.10. Evaluation ............................................................... 48
Appendix A: Organization Chart ....................................................................
Appendix B: Inter Local Agreement with Piedmont Triad Water Quality Partnership .....
List of Figures
Figure 1-1: Inventory of Land Uses ...............................................................
Figure 2-1: Kernersville Watersheds ..............................................................
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Storm Water Management Program Report for the Town of Kernersville - Mav 2004
INTRODUCTION
History
The Town of Kernersville is rich with history. In 1756, Caleb Story received a land grant from the
Royal Colony of Carolina. By 1760 the Cherokee Indians and new settlers of the region were at
war. During that time Story sold his property to one David Morrow. The story is told, as
represented in the Town's seal, that four barrels of rum were considered for the transaction. Around
1771, William Dobson, an Irish emigrant, bought Morrow's property together with an inn and store
at the present intersection of Main and Mountain Streets, which he named Dobson's Tavern.
Interestingly enough, President George Washington had breakfast there during his Southern Tour on
June 2, 1791.
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Dobson sold the property to a Gottlieb Schober in 1813, who on November 14, 1817, sold it to
Joseph Kerner, a German immigrant who came to this country at 16 years of age to sell watches and
clocks. The emerging town soon became known as Kerner's Crossroads.
The first change in land ownership outside of the Kerner family occurred in 1840 and slowly, the
area around K6rner's Crossroads began to populate until on March 315" 1871, the Town of
Kernersville was incorporated with a resident population of 147.
•
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The Winston Chamber of Commerce bulletin of 1888 stated, "There are more brick residences,
stores and factories in Kernersville than any other town of its size in the state, thus showing it to be
substantial." The Kernersville's Bicentennial History Book states, "One event of the 1880's should
be noted. During this period there was an attempt to make Kernersville a county seat. A
delegation made up of Dr. Elias Kerner, Mr. J. Calvin Roberts and Mr. W.C. Stafford went to
Raleigh to petition that this be done. The answer was negative, so Kernersville did not get her
courthouse, but the independent spirit of Kernersville's citizens remained as strong as ever!" That
independent spirit and sustainable development pattern has continued to the present day. 0
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Storrn Water Management Pro?Zrcmr Report for the Town ot'Kernercville .. Mur 2004
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.7
Community Profile
The Town of Kernersville is actively preparing and implementing growth management plans. In
1997 the community completed a strategic plan, Kernersville 2020. As a result of that plan the
Town formally amended the Kernersville Development Plan to include Goals, Corridors Plan,
Park & Recreation Plan, Thoroughfare and Street Plan, and a Transportation Capital Improvement
Program. Also, the Town is in the process of revising its Land Use Plan and creating a Walking
and Biking Master Plan.
The Town of Kernersville recognizes that an on-going review of its Development Plan is essential
in meeting the demands of a growing community. Kernersville has entered into a period of
transition from its small town setting within a rural countryside, with room to grow on all sides, to
an urban city set in the middle of a continuously urbanized area with fixed city limits.
Kernersville's growth management plans and regulations have been drafted to assist in achieving
the community goals of maintaining Kernersville's "small town atmosphere " and creating
Kernersville as a "unique high quality community within the Triad". Without growth management
efforts, Kernersville will become indistinguishable from the surrounding encroaching urban areas.
Kernersville's historic town core is its symbolic center. and gives the community a "small town
atmosphere" and a "sense of place". The growth management tool of zoning overlay districts is
the primary tool being used to transform the generic highway strips and developments into a more
unique urban setting that ties those developments into that historic core and create a unique high
quality community within the Triad.
Typically, when cities within metro areas develop fixed limits, they begin a slow process of decline.
This is due to development activity seeking undeveloped areas (greenfields) locations on the urban
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Storm Water Afanagernent Pro?cm Reort /in- the town of Kernersville - lfav 2004
fringe. Revitalizing existing developed areas within a town can be complex, costly, and time
consuming. In this period of urban transition, Kernersville is making preparations for the future. It
recognizes that when Kernersville is built out, it will need to be a "quality community" with a
"sense o f place ", if it is to remain a healthy and vibrant community.
LOCATION
Traditionally, Kernersville was positioned as the center of the Triad, located equally between
Winston-Salem, Greensboro, and High Point. However, Kernersville's position as a focal point in
the Triad has changed with the growth of Piedmont Triad International Airport area as a major
development center.
This shift of focus has not distracted growth from Kernersville. It has only stimulated growth. The
growth of the airport area has now positioned Kernersville to prosper off of that growth. With direct
transportation links to the airport from I-40, B-40/US-421 and East Mountain Street/West Market
Street, Kernersville has maintained and expanded its industrial, office, commercial and residential
base.
Kernersville's 1999 Corridors Study, prepared by Michael Gallis & Associates indicated, "the
primary airport industrial/office growth will be to the undeveloped land to the west of the airport".
Kernersville's industrial and office areas along I-40, B-40, NC66, and East Mountain Street are all a
part of that airport related growth. Through Kernersville's Land Use Plan and several rezoning
cases, Kernersville has protected and enhanced these important industrial and office areas from retail
and housing encroachment. Also, the Town's transportation and utility planning augments areas for
industrial and office related development.
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0 a Storm Water Management Program Report for the Town of Kernersville - Mav 2004
Since the time of the early settlers in the mid 1700's, Kernersville has experienced tremendous
change. The current prosperity of Kernersville is a testimony to past community leadership that
addressed the issues and opportunities of change. Kernersville has had to adjust from the war with
the Cherokee Indians in the 1760's to the 2002 legislative battle with the State's Governor and
General Assembly over the withholding of municipal revenues. It has had to resolve ways of
converting dirt wagon trails to paved roads for automobiles. Land use and street plans had to be
adopted to address the issues of a one traffic light town in 1970, transitioning into an urbanized area
of the Triad, today. By recognizing that things have changed and will continue to change,
Kernersville believes it can better plan for the future. The Kernersville Development Plan identifies
issues and opportunities, along with goals and strategies to address both.
This Storm Water Management Program Report will be included in the Kernersville Development
Plan. As with the other issues and opportunities already identified in the Kernersville Development
Plan, issues and opportunities related to storm water management will be addressed in a manner
consistent with the Town's goal to be a "quality community" with a "sense of place".
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Section 1
Storm Sewer System Information
1.1 Population Served
This Storm Water Management Program Report (hereinafter Report) for the Town of Kernersville
covers the area within the corporate limits plus that area within the Town's extra territorial
jurisdiction (ETJ). Table 1-1 provides the population and growth rate for the Town's corporate
limits, only. Accurate census data is not available for the ETJ; therefore, no population data for the
ETJ has been provided .
Table 1-1: Population and Growth Rate
Phase 11
Jurisdiction 2000 Census
Population 1990 Census
Population Average Annual
Percent Change
Kernersville 17,126 11,860 4.44
•
1.2 Growth Rate
Annual Population
1990-2002
22,000
20,000
18,000
16,000
14,000
12,000
10,000
-i -i
1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002
Figure 1-1: Kernersville Population 1990 -2002
Figure 1-1 shows the annual growth of Kernersville's population from 1990 through 2002. Data in
Figure 1-1 was taken from Annual Estimates provided by the State of North Carolina Demographics
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Storm Water Management Program Report for the Town of Kernersville - Mav 2004
unit. Table 1-1 shows that from 1990 through 2000 Kernersville's population increased an average
of 4.44% per year.
1.3 Jurisdiction and MS4 Service Area
The total area inside the Town of Kernersville's corporate limits plus the ETJ is 22.19 square miles.
Table 1-2 provides a listing of the major receiving streams basins, which receives storm water runoff
from the Town, and the areas in square miles in each.
Table 1-2:
Receiving Stream Drainage Area
Within Corporate
Limits square miles Drainage Area
Within ETJ, square
miles Total Drainage Area,
square miles
Belews Creek 0.37 1.25 1.62
East Belews Creek 1.19 1.53 2.72
Reedy Fork Creek 1.22 1.16 2.38
West Fork Deep
River 0.87 1.83 2.50
Abbotts Creek 5.43 0.01 5.44
Kerner Mill Creek,
Smith Creek and
Fishers Branch 6.24 0.89 7.13
Totals 15.33 6.47 21.79

1.4 MS4 Conveyance System
The municipal separate storm sewer systems (MS4) serving the Town of Kernersville are comprised
of systems of interconnected conveyances including: sheet flow, paved streets, roadside ditches, curb
and gutter, storm drain inlets, culverts, pipes, and channels discharging ultimately to regulated
intermittent or perennial streams and other regulated water bodies. These systems are located both on
private property and on property either owned or controlled by the Town. Generally, the system of
storm water conveyances have been established such that closed piping systems discharge into
natural swales, channels or streams at the first opportunity.
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The Street Division and Sanitation Division of the Public Works Department are charged with
maintenance of the MS4 conveyance system by current Town policy and organization. The Town's
current policy limits maintenance of the storm drain system to that which is within the public right-
of-way, or which may impede use of the public right-of-way, or which is located within property
owned by the Town. Street Division and Sanitation Division crews provide regular maintenance as
listed below:
- Leaf and yard waste are removed regularly.
- Street crews inspect storm drain inlets during significant rainfall events for clogging of
inlets and catch basins.
- Street crews remove debris from inlets and vacuum catch basins as needed.
- Streets are swept routinely. High traffic areas and commercial areas are swept more
frequently than residential areas.
- Debris removal is performed as needed to reduce blockages and potential flooding at
culverts.
- Roadside ditches are maintained as needed for proper conveyance of runoff.
A high percentage of Kernersville's land mass lies within watersheds (streams), which have been
classified for water supply purposes. In accordance with a State approved Water Supply Watershed
Protection Ordinance, the Town has regulated storm water runoff from new development and re-
development since July 1993. In the interim, 33 best management practices (BMPs) have been •
installed at high density development projects within the Town's corporate limits and ETJ. These
BMPs were designed and installed with the purpose of controlling and treating storm water runoff
from the affected developments. All of the BMPs are privately owned, operated and maintained.
Inspections of the BMPs are performed on a regular basis by Town staff, but at least annually.
1.5 Land Use Composition Estimates
The percentages for the Town's jurisdictional service areas under residential, commercial, industrial
and open space land uses are provided in Table 1-3. These percentages include the incorporated area
(November 2003) for the Town and the ETJ.
Table 1-3: Percentap-e of Land Uses
Residential
Mixed Use Open Space
Single and Multi- Public (Woods
Jurisdiction Family Family Institutional Commercial Industrial and brush
Kernersville
And ETJ 33.2 4.1 3 4.8 9.3 45.6
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Storm Water Management Program Report for the Town of Kernersville - May 2004
1.6 Estimate Methodology
Land uses and the areas for each land use within the corporate limits and the ETJ for Kernersville
were taken from the Land Use Inventory produced by the Town's Planning Department in February
2004. The Land Use Inventory map and database are being updated, currently; thus, these
percentages may change. The inventory is updated as each new building permit is issued. The Land
Use Inventory is shown in Figure 1-2.
1.7 TMDL Identification
Currently, there are no receiving streams within the corporate limits of the Town of Kernersville and
its ETJ, which carry a TMDL (Total Maximum Daily Load) designation. Reedy Fork Creek in the
Cape Fear River Basin is source water for Jordan Lake. The outcome of a current Jordan Lake
Stakeholders Project may include a TMDL for nutrients, which could become applicable to Reedy
Fork Creek.
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Storm Water Management Program Report for the Town ofKernervville -- Mav 2004
LAND USE INVENTORY
•

File: P/Mike's ProjecWtand Use Inventory
Plot Date: 02110/04
of Kemersville
Figure 1-2
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Storm Water Management Program Report for the Town ofKernersville - May 2004
Section 2.0
Receiving Streams
The Town of Kernersville is located at the highest point in Forsyth County, generally along ridge
lines, which separate three major river basins. Storm water runoff from the Town flows into the Cape
Fear River Basin, the Roanoke River Basin and the Yadkin River Basin. Within the area bounded by
the Town's corporate limits and/or extra territorial jurisdiction, approximately 30% is located in the
Cape Fear River Basin; approximately 30% is located in the Roanoke River Basin; and,
approximately 40 % is located in the Yadkin River Basin. All streams receiving storm water runoff
from the Town of Kernersville have their source points located within the Town's corporate limits.
Tables 2-1, 2-2 and 2-3 provide information about each receiving stream. Information for the
development of these tables was obtained from North Carolina's Basinwide Information Management
System, 2002 305(b) and 303(d) Report and the Basin Management Reports for the Cape Fear,
Roanoke and Yadkin Rivers.
Table 2-1: Cape Fear River Basin
Receiving Stream Segment Water Quality Use Support Water Quality
Stream Name Index No.] Classification Rating Issues
Reedy Fork From source to ETJ FS Erosion
Creek [16-(1)] WS-III, NSW Sediment
Beaver Creek From source to ETJ NR --
[16-11-2] WS-III, NSW
West Fork Deep From source to ETJ FS Erosion
River [17-3-(0.3)] WS-Iv Sediment
Table 2-2: Yadkin River Basin
Receiving Stream Segment Water Quality Use Support Water Quality
Stream Name [Index No.] Classification Rating Issues
Kerner Mill From source to 0.1 mile
Creek downstream of Bus. I-40 WS-III FS Sediment
[12-94-12-2-(0.3)]
Smith Creek From source to Kerners
Mill Creek WS-III NR Sediment
[12-94-12-2-1]
Fishers Branch From source to Town
Limits/ETJ WS-III NR Sediment
[12-94-12-2-2-(1)]
Abbotts Creek From source to Town of
Limits/ETJ WS-III FS Sediment
[12-119-(1)]
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Storm Water Management Program Report for the Town of Kernersville - May 2004
Table 2-3: Roanoke River Basin
Receiving Stream Segment Water Quality Use Support Water Quality
Stream Name [Index No.] Classification Rating Issues
Belews Creek From source to a point
0.5 mile upstream of
backwaters of WS-IV FS --
Kernersville Lake
[22-27-(1)]
Belews Creek From a point 0.5 mile
upstream of backwaters
of Kernersville Lake to WS-IV; CA FS Nutrients
Town Limits/ETJ
[22-27-(1.5)]
Right Fork From source to Town
Belews Creek Limits/ETJ C NR --
(Deans Creek) [22-27-3]
East Belews From source to Town
Creek Limits/ETJ C NR --
[22-27-8-(8)]

FS = Fully supporting
NR = Not Rated
Figure 2-1 on the following page identifies each receiving stream and its watershed area within the
Town's corporate limits and its ETJ.
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Storm Water Management PrQzram Report for the Town offernersville - May 2004
FIGURE 2-1
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KERNERSVILLE WATERSHEDS
Storm Water Management Pro ram Report for the Town of Kernersville - May 2004
Section 3
Existing Water Quality Programs
3.1 Local Programs
3.1.1 Since 1993 the Town of Kernersville has adopted and implemented a Water Supply
Watershed Protection Ordinance, which has been re-approved on several occasions
by the North Carolina Environmental Management Commission. Approximately
88% of the area within the Town's corporate limits and ETJ falls under the
authority of the Water Supply Watershed Protection Ordinance.
3.1.2 The Town of Kernersville is a full service municipal government, which
includes a Planning Department. The Town follows a Land Use Plan that was
revised in February 2004 by the Planning Board and Board of Aldermen. The
Forsyth County/Town of Kernersville Unified Development Ordinance (UDO)
regulates land development within the Town and its ETJ. The UDO includes an
Environmental Ordinance and a Subdivision Ordinance. Each development
within the Town's jurisdiction is reviewed by a Development Review Committee
made up from representatives of Town's operating departments; the development
review process is intended to ensure compliance with provisions of the UDO and other
development regulations.
3.1.3 The Planning Department administers the delegated National Flood Insurance
Program floodplain management program within the Town's planning
jurisdiction.
3.2 State Programs
The State Department of Environment and Natural Resources, Division of Land Resources
administers the State's Erosion and Sediment Control Program within the Town's corporate limits.
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Storm Water Management Program Report for the Town of Kernersville - May 2004
A;
Section 4
Permitting Information
4.1. List of Responsible Parties
The BMP summary tables (Tables 7-1, 7-2, 7-3, 7-4, 7-5, and 7-6) provide a listing of the BMPs
and the Town's staff position or positions responsible for development and implementation of
the best management practice.
Table 4-1 includes contact information for each individual, or position, listed as a responsible
r\nrfv in flip PXAP enmmarv fnhlec
Telephone
Name Position Number Fax Number E-mail
Franz Ader Storm Water Program
Manager [phone] [phone] [e-mail]
Tim Shields Public Works [phone] [phone] [e-mail]
Director
Jeff Hatling Planning Director [phone] [phone] [e-mail]
Mylinda
Jacobsen Recycle Co-ordinator [phone] [phone] [e-mail]
• 4.2. Organization Chart
An organization chart has been included in Appendix A.
4.3. Signing Official
The signing official for the NPDES Permit is Randy E. McCaslin, Town Manager.
4.4. Duly Authorized Representative
Not Applicable
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Storm Water Manasement Program Report for the Town of Kernersville - May 2004
n
Section S
Co permitting Information
The Town of Kernersville has not entered into any co-permitting agreements or contracts with
other municipalities or counties.
Section 6
Reliance on Other Government Entities
6.1-A Name of Entity: Piedmont Triad Water Quality Partnership
Element to be Implemented (partially): Public Education and Outreach
Contact Information for Responsible Party
Name: Russell D. Radford, P.E.
Address: P.O. Drawer 728
Kernersville, North Carolina 27285-0728
Telephone: [phone]
Legal Agreement: A legal agreement has been developed among a number of Phase
II communities within the Piedmont Triad with the intent to facilitate public education
concerning storm water issues by pooling resources to produce television ads,
brochures, stream identification signs and/or other storm water quality educational
components. Appendix B contains a copy of the agreement signed by Piedmont
Triad Regional Water Authority, Guilford County, Forsyth County, Randolph
County, the City of High Point, the City of Greensboro, the City of Winston-Salem,
the Town of Jamestown, the City of Randleman, the City of Archdale and the
Town of Kernersville.
6.1.B Name of Entity: Forsyth County Health Department
Element to be Implemented: Post-construction Storm Water Management for New
Development and Re-development - Fecal Coliform (see
Section 7.5.3.)
Contact Information for Responsible Party
Name: Larry Bunn
Address: 799 North Highland Avenue
Winston-Salem, North Carolina 27102
Telephone: [phone]
Legal Agreement: None concluded at this time.
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Storm Water Management Program Reporter the Town of Kernersville - May 2004
Section 7
Storm Water Management Program Report
7.1. Public Education and Outreach on Storm Water Impacts
The Town of Kernersville will develop and implement a public education and outreach program
designed to produce and to distribute educational materials and to conduct outreach activities for its
private and corporate citizens. The public education and outreach program will address impacts
related to storm water discharges into our streams and also inform citizens about actions they can
take to reduce or eliminate the impacts. The following sections describe best management practices
(hereinafter BMPs) to be implemented to meet requirements of the State's Phase II Storm Water
Management Program.
7.1.1. BMP Summary Table
Table 7-1 on the following page provides a summary of BMPs proposed to meet
the public education and outreach element.
7.1.2. Target Audience
During the first five years of the Town's storm water management program, the target
audiences for the public education portion of the program will be (1) the general
public, (2) students in grade five, (3) the local construction industry, and (4) illicit
dischargers. A variety of educational and communication tools will be employed in an
effort to reach each of these four diverse groupings. Table 7-1 identifies a number of
BMPs to be used in this effort as well as the measurable goals used to evaluate the
effectiveness of each BMP.
It is critical to the success of the storm water management program that citizens of the
Town of Kernersville will be made aware of how their life styles impact storm water
pollution and the role(s) they must play to improve water quality in streams. A
decision was made by the Storm Water Advisory Committee (hereinafter Committee)
to use public education in an effort to raise the general public's awareness and
understanding of the storm water runoff problem.
Students in grade five receive special instruction during the school year related to the
natural and environmental sciences. The public education portion of the program will
place special emphasis on providing classroom instructional resources, which will
address storm water runoff impacts and solutions to these students.
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•
Table 7-1: BMP's and Measurable Goals for Public Education and Outreach
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 Position/Party
I PTWQP* Kernersville is a member of this partnership and shares in the Storm Water
Education educational activities. PTWQP prepares storm water educational x X X X X Program
.Program materials and TV ads for purchase and use of its members. Manager
2 Storm Water Develop a brochure, or brochures, which address illicit discharge
Brochures detection and elimination and distribute brochures at public functions Storm Water
and from public offices. Develop and make available, additional x X X X Program
brochures on various storm water quality topics, specifically including Manager
lawn care and fertilizer rates, at a rate of 1,500 per year.
3 Stone Water The Hotline is a BMP that contributes to Public Education and Stone Water
Hotline Outreach. X X X X X Program
Manager
4 Stonn Water Establish an educational program for presentation at the local
Education elementary (5th grade) school using materials obtained from other
Through sources, or produced internally, and adapted as needed to local issues.
Community Develop educational program materials in the form of resource
Schools packages/fact sheets for use by teachers and for distribution at the local Storm Water
middle school using materials obtained from other sources and adapted x X X X Program
as needed to local issues. Present the program to faculty at the local Manager
middle schools for their approval. Then, present the program to
students at the local elementary schools and distribute 500 brochures.
Staff will take an active role in presenting these educational materials
5 Storm Water Develop a stone water informational briefing (including a Powerpoint
Education presentation and handouts) for presentation to community groups using
Through materials obtained from other local sources, or developed internally, Stonn Water
Community and adapted as needed to issues. Conduct annual briefings for 2 X X X Program
Groups community groups and I briefing for local businesses. Conduct other Manager
community briefings upon request, and briefings for new local
businesses concerning storm water management issues.
6 Stonn Water Create, and/or obtain from other sources, and broadcast two to three
Ads stonn water educational spots each year on Government Access TV, or Storm Water
as educational spots on commercial TV. This activity will be a x X X X X Program
function of the PTWQP Educational Program. Manager
7 Storm Water Create 2 articles each year to be placed in the local newspaper that Stonn Water
Articles for educate the public about Kernersville's storm water program and/or x X X X X Program
Print Media storm water management in general. Manager
8 Website In Year 1, create a storm water information page on the Kernersville Stonn Water
website and link the page to other Storm Water Management websites. X X X X X Program
Track and report the number of annual hits. Manager
9 Event Provide available educational material as a handout for a Kernersville Stonn Water
Participation booth at both the Honey Bee Festival and the Spring Folly. This x X X X X Program
activity can be joined with the re-cycling program. Manager
*Piedmont Triad Water Quality Partnership
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Storm Water Management Program Report for the Town of Kernersville - May 2004
This decision was made recognizing manpower limitations in the Town to do the
contact/presentation work; but there is an understanding that reaching future
generations with the storm water message must be a significant part of the public
education program.
The erosion and sedimentation process from land disturbing activities constitutes the
greatest source of storm water pollution in the Town of Kernersville. Land
development and related construction practices by the local construction industry must
be improved in order to reduce the problem. Accordingly, the Committee has elected
to focus public education efforts towards the construction industry in an effort to
change their habits and ways of doing business.
The public education element will also place a special emphasis on illicit discharges to
the storm drain system. Individuals contributing to the illicit discharge problem are
generally unaware of their actions; public education needs to overcome this lack of
awareness, while informing the public of the enforcement potential associated with the
illicit discharge detection and elimination program.
7.1.3. Target Pollution Sources
Table 7-2 provides a listing and description of the specific pollution sources the Town
intends to target during the first five years with the public education program of the
Storm Water Management . Program. The description indicates why the targeted
sources were selected.
Table 7-2: Targeted Pollution Sources for the Public Education Program
Pollution Sources Description
Erosion and On small construction sites less than one (1) acre, especially for construction
Sediment Control on residential lots, contractors pay little, if any, attention to erosion from their
From Construction disturbed sites. Sediment deposited on roadways and later in streams from
Sites, Particularly these individual sites is small when viewed as a single source, but when
Small Sites coupled with all the other small sites, they generate a fairly large quantity of
sediment. More emphasis will be placed on educating the construction
industry, primarily in an effort to reduce erosion from the small sites.
Illicit Discharges Illicit discharges are found more often in older neighborhoods and
developments. These illicit discharges can result in pollutants discharged to
streams, some of which can include high pollutant concentrations. The public
education program will place special emphasis on illicit discharges, especially
from older neighborhoods and development.
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Storm Water Management Program Report for the Town ofKernersville - Mav 2004
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Table 7-2: Targeted Pollution Sources for the Public Education Program (continued)
Pollution Sources Description
School Age Children The storm water educational program will allocate time and resources for the
education of students in local schools. Students in the 5`h grade will be
targeted; the curriculum for 5th grade students includes a study of the human
impact on ecosystems with extended study on the water cycle erosion.
7.1.4. Outreach Program
The outreach portion of the Storm Water Management Program will include the
following means and methods.
Media Ads - As a result of the Town's participation and involvement in the Piedmont
Triad Water Quality Partnership, several television and radio ads will be produced and
aired each year, which will focus on varying aspects of storm water pollution and its
impacts, as well as tips for citizens on how to minimize their impacts. Participation in
volunteer efforts will also be encouraged thru the ads.
Website - The Town will add to its existing website information related to the Storm
Water Management Program. This website will include links to several, more
comprehensive educational websites. And, it will direct citizens to storm water
educational materials and information, which highlight the targeted pollutions sources.
Printed Brochures - Printed brochures and other educational materials will be
produced by the Piedmont Triad Water Quality Partnership and by Town staff. The
brochures will be designed to address specific aspects of storm water pollution and
target audiences. Brochures will be handed out at Town sponsored events, such as, the
Spring Folly and Honey Bee Festival. Brochures will be prominently placed at
locations where large numbers of citizens are normally found.
Educational Presentations - Educational presentations will be given beginning in the
second year of the Storm Water Management Program. These presentations will be
made to citizen groups, school children in the targeted grade, corporate partners, and
construction industry groups. Individual stewardship and volunteer activities related
to protection of water resources will be the focus of these efforts.
Stream Identification Signs - Signs will be placed along roadways at major stream
crossings identifying the stream by name and watershed.
22 10
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• Storm Water Management Program Report for the Town of Kernersville - Mav 2004
7.1.5. Decision Process
The Town of Kernersville Board of Aldermen approved the establishment of a Storm
Water Advisory Committee at its regular meeting on March 4, 2003. Fourteen
members were approved by the Board; subsequently, two (2) members resigned,
leaving twelve (12). Committee members were appointed based, in large part, on their
representation of varied interests found in the community; Committee membership is
very diverse. The Board of Aldermen also approved a "Mission Statement" for the
Storm Water Advisory Committee as follows:
"On behalf of the Board of Aldermen, the Storm Water Advisory Committee
shall produce a Storm Water Management Program Report, which incorporates
the community's quality of life values and which meets regulatory standards.
The Committee will seek additional input from individuals and groups in the
community as it develops the program. The Committee will elect a chairman
and, at a minimum, meet monthly until January 2004, to develop a Storm
Water Management Program. The Committee will present the Storm Water
Management Program Report to the Planning Board and to the Board of
Aldermen for their consideration and possible adoption."
• A total of 18 meetings were conducted by and for the Storm Water Advisory
Committee. All meetings of the Committee were open to the public. Doug Jewell of
JEWELL Engineering Consultants, PC, was retained by the Town to facilitate and to
help guide the storm water planning process.
A number of the committee's initial meetings were used to inform members about
impacts on streams due to discharges of pollutants in storm water runoff. These
informational meetings were conducted within the context of (a) the Federal and State
requirement to obtain a permit for discharge of storm water pollutants (b) the six
elements of a Storm Water Management Program Report, also required by EPA and
the State, and (c) quality of life issues identified in the Town's Vision 2020 Report
and other portions of the Kernersville Development Plan. Extensive and thoughtful
discussion took place within committee meetings concerning Best Management
Practices (BMP) listed in the BMP summary tables, including many topics and issues
not found in the table. Each listed BMP was rated by the Committee for its relevance
and potential to meet the community's quality of life goals, and requirements of the
Federal and State Storm Water Management Program Reports.
Following initial development of the draft Storm Water Management Program Report
and its presentation to the Board of Aldermen and Planning Board, a public meeting
was held on March 18, 2004, by the Storm Water Management Committee to inform
the public about the Report and to seek their input. The Storm Water Advisory
is Committee requested some minor changes to the program, which were made. Then,
23
Storm Water Management Program Report for the Town ofKernersville - Mav 2004
on March 30, 2004, during a regular Board of Aldermen meeting, a public hearing was
held on the proposed Storm Water Management Program Report to allow additional
public input; the Board of Aldermen adopted the program following the public
hearing.
7.1.6. Evaluation
Measurable goals are presented in Table 7-1 for each BMP proposed for the Public
Education and Outreach on Storm Water Impacts element.
Additionally, public education will be fostered by the continuation of the Storm Water
Advisory Committee.
Other criteria to measure goal achievement will include:
A. The number of individuals contacting the hotline will indicate the public's
awareness, through education of storm water impacts. A record of hotline
contacts will be kept.
B. The number of storm water presentations to the public will be recorded.
C. A record of storm water ads on television will be kept, along with any comments
from citizens concerning the ads. •
D. Articles in the print media concerning storm water impacts will be noted and saved
for the record.
E. Hits on the Town's website will also be recorded.
24 0
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Storm Water Management Program Report for the Town of Kernersville - May 2004
7.2. Public Involvement and Participation
Kernersville will develop and implement a public involvement and participation program,
which will encourage the public to participate in the development and implementation of the
Phase II storm water management program.
Following is Table 7-2, provides a listing of BMPs and a description of measurable goals for
the public involvement and participation element.
•
•
Table 7.2. BMP's and Measurable Goals for Public Involvement and Participa ion Program
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 Position/ Party
1 Stone Water The Hotline is a BMP that contributes to Public Education and Stonn Water
Hotline Outreach. See the description under Illicit Discharge Detection x X X X X Program
and Elimination. Manager
2 Storm Water Establish a Stone Water Advisory Committee to help define and
Advisory be an advocate for a Storm Water Management Program Report
Committee for the Town of Kernersville. Following adoption of the Stone Stonn Water
Water Management Program Report by the Town's Board of x X X X X Program
Aldennan, a restructured Stone Water Advisory Committee will Manager
help to define and resolve issues concerning implementation of the
Stonn Water Management Program Report.
3 Conduct Phase The Town of Kernersville will comply with North Carolina
II Public statutes and local ordinances for public hearings and notice Stone Water
Hearing requirements. A public hearing, or hearings, will be held prior to X X Program
adoption of the Stonn Water Management Program Report and Manager
NPDES Permit Application. Additional public hearings will be
held each time an ordinance is adopted or revised that pertains to
this program.
4 Sponsor and/or Encourage citizens and local civic groups to co-sponsor and to
Coordinate an participate in an annual stream clean up program, such as the
Annual, North Carolina Big Sweep. Enlist one or more civic groups to Stonn Water
Community place stonn drain plaques on storm water inlets located within the x X X Program
Stream Clean- public right-of-way at a rate of 20% per year. Manager
up Event Such
as N.C. Big
Sweep
5 Annual Organize and sponsor an annual storm water volunteer
Volunteer appreciation event to be held at the end of the annual clean-up Stonn Water
Appreciation event. Provide community award(s) and a light meal for x X X Program
Event participants. Manager
6 Recycling Continue the Town's programs regarding solid waste collection,
Program leaf collection and recycle program, yard waste cart collection and Public Works
recycle program, and disposal of white goods. X X X X X Director and/or
Recycle Coordinator
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0 Storm Water Manajzement Pro ram _Report for the Town of Kernersville - May 2004
7.2.2. Target Audiences
For the public involvement and participation element of the Storm Water Management
Program, the target audiences will be the general public with special emphasis being
placed on civic groups and large employers, and large trade associations. Civic groups
will be encouraged to participate in volunteer efforts. Large employers and trade
associations with large memberships will be solicited for their involvement and
sponsorship of the storm water program for their employees or members.
It is also anticipated that the Storm Water Advisory Committee will continue to
function in an advisory role for implementation of the Town's Storm Water
Management Report.
7.2.3. Participation Program
The public has been involved in development of the Storm Water Management
Program Report through input from a 12 member Storm Water Advisory Committee,
and by participating in a public meeting, and during an official public hearing. The 12
members of the Storm Water Advisory Committee were selected by the Board of
Aldermen based upon their diverse interests; members were encouraged to
communicate the Committee's activities with their respective interest groups as the
program was being developed. Again, the Storm Water Advisory Committee is
expected to continue functioning in an over sight role as the Storm Water Management
Program is implemented.
Educational materials will be made available to the general public asking for
volunteers to help in stream cleanup events and other storm water related activities.
Special efforts will be made to involve one, or more, civic groups in the sponsorship
of an annual stream clean up campaign through N.C. Big Sweep. The Kernersville
Community Appearance Commission will continue its anti litter campaign, "Slam
Dunk Litter in its Place", which focuses attention on all citizens of the Town.
The Town will sponsor an annual volunteer appreciation event following the annual
stream clean up effort. Achievements of the volunteer groups and the industrial/trade
group sponsors will be highlighted. Awards will be given for outstanding
achievements and levels of participation. Articles will be written for the local
newspaper about the achievements and awards.
26 •
• 0 Storm Water Management Program Report for the Town ofKernersville - May 2004
The Town's current recycle program will be continued. The Recycle Coordinator will
also continue her efforts to expand the program with added emphasis placed upon
recycle efforts, which reduce storm water pollution.
7.2.4. Decision Process
The decision making process for this element is the same as previously described in
Section 7.1.5. Decision Process, Public Education and Outreach on Storm Water
Impacts. The rationale for development of this element of the Town's Phase II storm
water program is based on a careful review of the Town's existing ordinances, which
address storm water runoff issues. As new or revised ordinances are developed, a
process similar to that described in Section 7.1.5.Decision Process will be used.
7.2.5. Evaluation
A. Concurrent with implementation of the public involvement and participation
portions of the Storm Water Management Program Report, records will be kept by
support staff of the number of individuals involved in the several volunteer and
sponsorship efforts.
0 B. A record will be kept of the miles of streams cleaned up.
C. A storm water hotline will be set up during the first year of the five (5) year
implementation period. The number of callers and complaints will be recorded.
D. As is the current practice, the pounds of recycled materials will be recorded.
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Storm Water Management Program Report for the Town ofKernersville - May 2004
n
7.3. Illicit Dischme Detection and Elimination
The Town of Kernersville will develop and implement a program to detect and eliminate
illicit discharges consistent with the requirements of Federal and State rules and
regulations. The following sections lay out a framework for the Town's proposed
program.
7.3.1. Summary BMP Table
Following is Table 7-4, which provides a listing of BMPs and a description of
measurable goals for the illicit discharge detection and elimination element.
Table 7-3: BMP's and Measurable Goals for Illicit Diseharue Dp.teetion nnrd Elimination
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 Position/
Party
1 Sewer Develop a storm water sewer map, which identifies the location of all
Mapping outfalls, and the locations of all waters that receive discharges from
those outfalls. Utilizing GPS, conduct a full field survey to locate all
storm water structures (inlets, outlets, and pipes) and trace them to X X Storn Water
their discharge locations. Also, ditches and swales will be located and Program
traced to outfalls. Manage
r
2 Stone Water Establish a dedicated Storm Water Hotline for citizens to register Storm Water
Hotline complaints and other information. Evaluate each complaint and X X X X X Program
respond accordingly. Manager
3 IDDE Program Develop and implement a program to detect and eliminate illicit
discharges and illegal dumping to the stone water sewer system. This
program would be supported by appropriate ordinances and/or X X X X Stonn Water
regulations and include appropriate enforcement procedures and Program
actions. Manager
4 Stone Water During year two (2), develop a brochure on illicit discharge detection Storrs Water
Brochures and elimination and distribute 2,000 brochures at public functions and X Program
from ublic offices. Manager
5 Water Quality Conduct field and laboratory testing, if necessary, to identify suspected

Monitoring
illicit discharges.
X
X
X Stone Water
Program
Manager
7.3.2. Storm Sewer System Map
•
The Town will develop and maintain an inventory of its storm sewer system which
will show all receiving waters, all natural drainage features, all inlets, all culverts, and
other selected storm sewer structures (manholes, pipes, etc.). A map of the storm
sewer system will be prepared from the inventory data, using Forysth County's
existing topographic maps and digital orthographic photographic mapping as a base.
Both the inventory data and mapping components will be integrated into a GIS format
(probably ArcView); then, made available for use by the Town and others.
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0 Storm Water Management Program Report for the Town ofKernersville - Mav 2004
It is anticipated that attribute data for the storm sewer system will be collected using a
handheld computer, pre-programmed with database software designed for this
purpose. After initial field surveys to physically locate the storm sewer system are
completed, attribute data such as size, material and condition will be collected; then, a
GPS unit will be used to define coordinate values for each structure. Within the last
two years, the Town has completed development of a system of survey control
monuments, which will aid in the GPS work. Virtually all portions of the Town's
jurisdiction are no further than 2,000 feet from an accurate, survey control monument.
Perennial and intermittent streams will be shown on the storm sewer map.
Updating the storm sewer system map will be accomplished by Town staff from as-
built maps and site reports for new development, as well as by field investigations.
During its development and afterwards, the storm sewer system map will be used as a
tool in the implementation of the Illicit Discharge and Elimination Program.
7.3.3. Regulatory Mechanism
During the second year of the five-year implementation period, the Town will develop
and adopt ordinances to regulate illicit discharges into the Town's storm sewer system.
The new ordinance will be consistent with restrictions on illicit discharges found in
Federal and State rules and regulations.
As part of the development of an ordinance to control illicit discharges, the Town may
also have to seek approval from the Forsyth County Board of Commissioners to
exercise police powers within the exterritorial planning jurisdiction.
7.3.4. Enforcement
The ordinance proposed to be developed in section 7.3.3. will include enforcement
provisions outlined as follows:
A. Right of entry on private property;
B. Enforcement procedures, such as, investigative report, notice of violation to the
owner, and a schedule to correct instances of non-compliance;
C. Civil and criminal penalties; and
D. Appeals procedures.
•
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Storm Water Management Program port for the Town ofKernersville - May 2004
n? •
7.3.5. Detection and Elimination
Kernersville will address detection and elimination of illicit discharges by relying on
four approaches. First, public participation will be encouraged through follow-up to
calls on the storm water hotline, through public education and through public
involvement in volunteer programs. Second, dry weather field observations and
screenings will be accomplished by the Town's staff. Third, water quality monitoring
(laboratory analyses) will be used to identify and to document illicit discharges.
Fourth, enforcement actions will be taken against illicit dischargers, as deemed
appropriate.
7.3.5.1. Priority Screening Areas
The highest categories for priority screening areas are the older commercial and
residential neighborhoods where cross connections and direct discharges are more
probable. These same areas are more likely to experience over flows from sanitary
sewer lines.
Older residential neighborhoods still served by septic tank systems will be the next
higher category targeted for screening. It is anticipated that a number of failing
septic tank systems will be discovered during the inventory of the storm sewer
system.
7.3.5.2. Tracing Procedures
The storm sewer system map and data will be used extensively to direct field
screening of dry weather flows traversing from downstream, towards illicit
discharges located upstream. Field screening will be conducted using standardized
methods for portable analytical testing equipment. Data and observations from
field screenings will be followed, if necessary, by collection of dry weather water
samples to be analyzed in the laboratory. In some cases, it is anticipated that video
cameras will be employed to observe and to locate illicit discharges in remote
portions of the storm sewer system.
7.3.5.3. Illicit Discharge Removal Procedures
As part of the public education element of the Storm Water Management Program,
a special effort will be made to make citizens aware of potential illicit discharges
on their property. Suggestions will also be made for owners to eliminate the
discharges. This effort will commence in year-two of the Town's storm water
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0 Storm Water Management Program Report for the Town of Kernersville - Mav 2004
program, which would precede the field detection program by Town staff,
beginning in year-three.
Once an illicit discharge of pollutants is detected and documented, the owner of
the property will be forwarded a notice of violation stating the nature of violation,
the legal authority of the Town to have the discharge removed, and a schedule for
elimination of the discharge. Should a property owner not respond appropriately
to a notice of violation, the next step would be to enforce appropriate civil and/or
criminal penalties.
7.3.5.4. Procedures for Evaluation of the Report to Detect and Eliminate Illicit Discharges
An annual report will be developed to document instances of illicit discharges, the
discharge elimination steps taken, number of illicit discharges eliminated, civil or
criminal penalties levied and collected, and any problems encountered in the
exercise of the procedures. Data and information from the annual report will be
evaluated, and adjustment(s) will be made to the effort to detect and eliminate
illicit discharges, as may be warranted.
•
7.3.6. Incidental Non-Storm Water Discharges
The following list of non-storm water discharges or flows are not considered to be
significant contributors of pollutants and will not be regulated under an ordinance
adopted by the Town to eliminate or control illicit discharges:
a. springs
b. uncontaminated, pumped ground water
c. diverted stream flows
d. uncontaminated, ground water infiltration
e. flows from riparian habitats and wetlands
f. discharges from fire fighting operations
g. water from crawl space pumps
h. irrigation water, except irrigation water containing chemical additions
i. foundation drains
j. lawn watering, except lawn watering containing chemical additions
k. individual residential car washing
1. street wash water
in. de-chlorinated swimming pool discharges
n. footing drains
o. discharges from potable water sources
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n= Storm Water Management Program Report for the Town of Kernersville - Mav 2004
p. landscape irrigation, except landscape irrigation containing chemical
additions
q. rising ground waters, and
r. air conditioning condensation.
7.3.7. Non-Storm Water Discharges
When the Town develops and adopts new or revised ordinances to address storm water
discharges in accordance with applicable regulations promulgated by the EPA or the
North Carolina Environmental Management Commission, all discharges not listed in
Section 7.3.6. will be prohibited.
7.3.8. Outreach
The Town's website will be revised to include a page devoted to public education and
outreach for the storm water management program. Links to other storm water
educational sites and sources will be added to the site. A notice about opportunities
for volunteers concerning storm water related activities will be provided. The subject
of illicit discharges will be addressed on the website page as a special topic.
•
Kernersville intends to develop and implement a public outreach program to inform all .
segments of the general public about illicit discharges and improper waste disposal
practices. Television ads, distribution of brochures, participation in community
events, and presentations to groups will be employed in the outreach program.
Specific groups, such as, school children, developers and contractors, large industries,
and business groups will be targeted to receive educational material and presentations.
The educational material and presentations will address illicit discharges and their
environmental hazards, as well as the consequences to an illicit discharger for
instances of non-compliance.
Employees of the Town of Kernersville will also receive training and education
concerning the impacts of pollutants in storm water and illicit discharges. These
training sessions will include information needed to do their jobs, but will also include
information about how they can minimize pollutants in storm water in their daily lives.
Civic groups will be asked to sponsor a program to place storm drain plaques on storm
water inlets. Volunteers from the civic groups will learn about storm water impacts as
part of the program. The plaques will remind others not to discharge pollutants into the
storm sewer system.
By including the features noted above in the Storm Water Management Program, the
outreach portion of the illicit discharge element will be fully integrated into the
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Storm Water Management Program Report for the Town of Kernersville - May 2104
program elements addressing both public education and outreach and pollution
prevention and good housekeeping.
7.3.9. Decision Process
The decision making process for this element is the same as previously described in
Section 7.1.5. Decision Process, Public Education and Outreach on Storm Water
Impacts. The rationale for development of this element of the Town's Phase II storm
water program is based on a careful review of the Town's existing ordinances, which
address storm water runoff issues. As new or revised ordinances are developed, a
process similar to that described in Section 7.1.5. Decision Process will be used.
7.3.10. Evaluation
In addition to measurable goals described in Table 7-3 for the illicit discharge
program, following is an additional listing of criteria to be used in the evaluation of
this program
n
LJ
•
A. A record will be kept of complaints concerning illicit discharges received on the
storm water hotline.
B. The Town will also keep a record of illicit discharges discovered and eliminated.
C. Field screening of waterways and laboratory analyses of water samples will be
conducted as part of an illicit discharge detection and elimination program to
document the process.
D. Data and information will be recorded on the number and location of storm water
inlet plaques installed by volunteers.
E. Records will kept of responses to spill events, type of material spilled, clean-up
activities, environmental consequences and costs.
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Storm Water Management Program Report for the Town ofKernersville -May 2004
7.4. Construction Site Storm Water Runoff Control
The Town of Kernersville relies on the State's Erosion and Sediment Control Program and the
Division of Water Quality general storm water permit for control of storm water runoff from
construction sites greater than one (1) acre in size. The Town will continue to rely on these storm
water programs to meet Phase II requirements for construction site storm water runoff control.
7.4.1. BMP Summa Table
Table 7-4 provides information concerning the BMPs to be implemented to fulfill the
requirements of the Construction Site Storm Water Runoff Control portion of the SWMP.
Table 7-4. BMP's and Measurable Goals for Construction Site Storm Water Runoff Control
# BMP Measurable Goals YR YR YR YR YR Responsible Position/
1 2 3 4 5 Party
1 Storm Water Continue to pass on relevant complaint information Stonn Water
Hotline concerning erosion from construction sites to staff of X X X X X Program
the State's Division of Land Quality. Manager
2 Construction Site The Town will continue to rely on the State Erosion
Erosion Control and Sediment Control Program and the Division of
On Sites Water Quality stonn water pen-nit for control of soil State Erosion and
One Acre or erosion and sedimentation from construction sites x X X X X Sediment Control
Larger having an area of one acre, or more. Similarly, the Program
State program will be relied upon to provide
construction site inspections and enforcement activities,
as may be needed.
3 Continue Reviews Continue reviews, approval and enforcement programs Planning Director/
of Site for Site Development Reports as currently required in Planning Department
Development the Town's Code of Ordinances, and Development And
Reports and Standards. X X X X X Stonn Water
Storm Water Program
Management Manager
Program Reports
4 Develop an Develop a storm water infonnational briefing
Education (including a Power Point presentation and handouts) Storm Water
Program Targeted for presentation to community groups using materials x X X X Program
to the obtained from other local sources, or developed Manager
Construction internally, and adapted as needed to construction
Industry industry issues.
7.4.2. Regulatory Mechanisms
The Town will rely on the State's Erosion and Sediment Control Program to
address construction site storm water runoff. The State Department of
Environment and Natural Resources already have the necessary regulatory
mechanisms in place to control construction sites disturbing one acre, or more.
•
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0 Storm Water Management Program Report for the Town of Kernersville - May 1004
As part of the Town's existing development plan review process, building
permits and/or zoning permits are not approved until an erosion control permit
is approved by the State.
The Town will develop and implement an ordinance, which authorizes a
program to regulate construction site storm water runoff from sites with a
disturbed area less than one acre.
7.4.3. Plan Reviews
Review of development Reports for conformance to the State's erosion control
requirements is not necessary; the Division of Land Quality will carry out that
function. But, the Town does have in place a regular process to review all
development plans within the Town's jurisdiction, which require a Zoning
Permit issued by the Town. As part of the Zoning Permit process, the Planning
Department requires developers to provide a copy of his Sediment and Erosion
Control Permit, before the Zoning Permit is issued. This process will continue.
7.4.4. Enforcement
• Enforcement of the State's Erosion and Sediment Control Regulations will be
conducted by the State Division of Land Quality, as warranted.
7.4.5. Inspections
Inspections of development of sites requiring an Erosion and Sediment Control
Permit will be conducted by staff of the Division of Land Quality. As part of
its current operating programs, the Town employs a number of individuals in
its Public Works Department and its Inspection Division who inspect
development sites for other reasons. These employees have been instructed to
let staff of the Division of Land Quality know of any erosion problems they
observe.
7.4.6. Public Information
Generally, the State Division of Land Quality administers the Erosion and
Sediment Control Program, including (a) making the public aware of the
program and (b) providing educational opportunities for the construction
industry and the public.
As part of the public education program concerning the Storm Water
Management Program, the Town intends to develop and carry out an
educational program addressing storm water runoff issues, specifically
35
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Storm Water Management Program Report for the Town of Kernersville - Mav 2004
targeting the development and construction industries. The educational
program will address construction site storm water runoff, its impacts on water
quality, and the means to reduce and/or eliminate runoff of sediment. Public
information and involvement will also be provided and solicited by the Town
through its Storm Water Hotline and its website.
7.4.7. Decision Process
The decision making process for this element is the same as previously
described in Section 7.1.5. Decision Process, Public Education and Outreach
on Storm Water Impacts. The rationale for development of this element of the
Town's Phase II storm water program is based on a careful review of the
Town's existing ordinances, which address storm water runoff issues. As new
or revised ordinances are developed, a process similar to that described in
Section 7.1.5.Decision Process will be used.
7.4.8. Evaluation
A. The effectiveness of the Storm Water Hotline will be determined by the
number and frequency of calls and the validity of the complaints. Logs
for complaint files will be maintained, and the number of website "hits" •
will be recorded. Each complaint will be evaluated by competent staff, and
field investigations by Town staff will be made, if the complaint warrants.
B. Construction Site Erosion and Sediment Control Plans will be reviewed by
the State. Effectiveness of the program will be determined by the State
Division of Land Quality.
C. Reviews of site development plans by Town staff will be documented and
files will be kept.
D. In year two (2) an educational program concerning construction site storm
water runoff will be developed from existing materials. Beginning in year
two (2) the construction industry will be targeted with at least one
educational workshop per year facilitated by Town staff.
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7.5. Post-Construction Storm Water Management in New Development and
Redevelopment
The Town of Kernersville will develop a Storm Water Management Program (SWMP),
which meets or exceeds the requirements of Federal and State Phase II storm water
regulations, as are or may be adopted. This program will be implemented and enforced so
as to manage post-construction storm water discharges into the Town's MS4, which will
be consistent with the abovementioned State regulation. The program will incorporate the
Town's existing Water Supply Watershed Protection Ordinance with new or revised
ordinances to address post-construction runoff from new development and redevelopment.
These ordinances will also address long-term operation and maintenance for BMPs.
7.5.1. Locally Issued Storm Water Management Permits
7.5.1.1. Locally issued permits will be issued meeting one of the following storm
water management options:
7.5.1.1.1. Low Density Projects. Projects shall be permitted as low density if
the project meets the following:
(I) No more than 2 dwelling units per acre or 24 percent built-upon
S area (BUA) for all residential and non-residential development;
(II) Storm water runoff from the development shall be transported
from the development by vegetated conveyances to the
maximum extent practicable:
(III) Riparian buffers will be required for all new development
consistent with the Town's existing Water Supply Watershed
Protection Ordinance, as approved by the State; and
(IV) The permit shall require recorded deed restrictions and
protective covenants to ensure that development activities
maintain the development consistent with the approved project.
7.5.1.1.2. High Density Projects. Projects exceeding the low density
threshold (established above in low density section) shall
implement storm water control measures that:
(I) Control and treat the first inch of storm water runoff from the
total project site. Treatment volume must include the first
inch of runoff from any offsite drainage routed to the control
structure. The draw down time for the treatment volume shall
be minimum of 48 hours, but not more than 120 hours;
discharge rate for the treatment volume shall be maintained at
or below the pre-development rate for the one-year 24 hour
storm event.
•
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Storm Water Management Program Report for the Town of Kernersville - May 2004
(II) All structural storm water treatment systems used to meet the
requirements of the program shall be designed to have an 85%
average annual removal for Total Suspended Solids:
(III) General Engineering Design Criteria for all projects shall be in
accordance with 15A NCAC 2H .1008(c);
(IV) Riparian buffers will be required for all new development
consistent with the Town's existing Water Supply Watershed
Protection Ordinance, as approved by the State; and
(V) The permit shall require recorded deed restrictions and
protective covenants to ensure that development activities
maintain the development consistent with the approved project
Reports;
7.5.2. Operation and Maintenance Component
The Town's program shall include an operation and maintenance component
that ensures the adequate long-term operation of structural and non-structural
BMPs required by the program. The program shall include a requirement that
the owner of a permitted structural BMP, submit annually to the local program,
a maintenance inspection report on each structural BMP. Annual inspections
must be conducted by a qualified professional. •
7.5.3. Control of Fecal Coliform Discharges
The Town's program shall be developed to control, to the maximum extent
practicable, the sources of fecal coliform. At a minimum, the program shall
include the development, proper operation and maintenance of on-site
wastewater treatment systems for domestic wastewater. This program will be
coordinated with the local county health department.
7.5.4. Nutrient Loading Program
The Town will develop, adopt and implement an ordinance to ensure that the
best management practice for reducing nutrient loading is selected while
meeting the requirements finally adopted by the North Carolina Environmental
Management Commission.
The Town will continue implementing its Water Supply Watershed Protection
Ordinance, which addresses nutrient reduction in the West Fork Deep River
watershed. A local ordinance will be developed, adopted and implemented to
ensure the best management practice for reducing nutrient loading is selected
while meeting the Federal and State requirements; emphasis will be placed on
use of riparian buffers. •
38
•
0 Storm Water Management Prozram Report for the Town of Kernersville - May 2004
7.5.5. BMP Summary Table
Table 7-5 on the following page provides information concerning
implementation of BMPs to fulfill the requirements of the Post-Construction
Storm Water Management for New Development and Redevelopment portion
of the SWMP.
Table 7-5: BMP's and Measurable Goals for Post-Construction Storm Water Management
for New Development and Redevelopment
t?
u
•
# BMP Measurable Goals = YR YR YR YR YR Responsible Position/
1 2 3 4 5 Party
1 Develop and Develop and enforce ordinances for the Town of Stone Water
Enforce Post- Kernersville and its extraterritorial jurisdiction that will X X X X Program
Construction meet, or exceed, requirements of 15A, NCAC.0126. Manager
Ordinances for Complete adoption of necessary ordinances and begin
the Town's implementation within 24 months following approval
Planning of the Town's NPDES Pen-nit. This includes an
Jurisdiction inspections and enforcement program conducted by
Town staff.
2 Develop and Develop and implement a program to
Implement a educate the development community and
Program to the general public concerning the Storm Water
Educate post-construction stone water management X X X X Program
Developers requirements for minimizing water quality impacts Manager
and the General from new development and re-development.
Public
Concerning
Post-Construction
Program
Requirements
3 Continue Reviews To ensure compliance with 15A NCAC .0 126, continue Planning Department
of Site reviews, approval and enforcement programs for Site Director
Development Development Reports as currently required in the and
Reports and Town's X X X X X Stone Water
Stone Water Code of Ordinances, and Development Standards. Program
Management Manager
Program Reports
4 Fecal Colifonn In coordination with Forsyth County Health
Control Department develop and implement an oversight Stone Water
program to ensure proper operation and maintenance of X X X Program
on-site wastewater treatment systems. Manager
Continue implementing the Town's Water Supply
5 Nutrient Sensitive Watershed Protection Ordinance within the Deep River
Waters Program Basin, which meets the EMC's nutrient management Stonn Water
strategy for Randleman Lake. Develop, adopt and X X X Program
implement an ordinance to ensure the best Manager
management practice for reducing nutrient loading
with emphasis placed on use of riparian buffers.
39
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Storm Water Management Pro ram Report for the Town of Kernersville - May 2004
n
7.5.6. Non-Structural BMPs
The Town of Kernersville has adopted and is implementing the Unified
Development Ordinance (UDO), which covers all of Forsyth County including the
Town's planning jurisdiction. The Unified Development Ordinance includes
zoning ordinances, an environmental ordinance, and a subdivision
ordinance/regulation. Additionally, the Town has adopted a comprehensive
Development Plan, which has the following parts: (1) Growth Projections, (2)
Economic Development Study, (3) Land Use Plan, (4) Thoroughfare and Street
Plan, (5) Corridors Plan, (6) Comprehensive Recreational Master Plan, and (7) a
county-wide Greenway Plan. Kernersville has also adopted "Legacy - A
Development Guide for the New Century in Winston-Salem and Forsyth County."
Taken together, the documents, ordinances and plans sited above establish a large
number of non-structural BMPs that promote improved water quality resulting
from storm water runoff.
The environmental ordinances in the UDO address water supply watershed
protection, which contains riparian buffer rules for development exceeding 24%
impervious area. And, the UDO limits development in flood prone areas to a
standard more restrictive than those required by FEMA.
Zoning ordinances both in the UDO and the Land Use Plan direct growth to
identified areas. Development is not allowed on steep slopes and in other
environmentally sensitive areas. Cluster and infill development is encouraged.
The goal of the "Legacy - ..." is to "to reduce sprawl, create a more compact and
balanced urban development pattern and preserve open space and rural character."
The UDO and the Town encourage cluster type development with open space.
The "Legacy - ..." encourages infill development, as well. The Greenway Plan
and the Comprehensive Recreational Master Plan have identified a series of parks,
parkways, greenways and trails throughout the Town, indeed, throughout Forsyth
County.
7.5.6.1. The public education component of the Town's Storm Water
Management Program will establish and promote an education program,
specifically targeted to developers and the construction industry.
•
•
7.5.6.2. Other measures such as minimization of the percentage of impervious area
after development, use of measures to minimize directly connected
impervious area, and source control measures often thought of as good
housekeeping, preventive maintenance and spill prevention will be
considered as components of the program. •
40
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19 Storm Water Management Pro ream Report for the Town of Kernersville - Mav 2004
n
7.5.7. Structural BMPs
As indicated in Section 1.3 Jurisdictional and MS4 Service Areas,
approximately 88 percent of the total area within Kernersville's jurisdiction
lies in a protected water supply watershed; the Town's Water Supply
Watershed Protection Ordinance is applicable in that 88 percent area. For any
high density development, storm water runoff must be treated in a structural
BMP. The Water Supply Watershed Protection Ordinance only allows
structural BMPs approved for that purpose by the State. The Town encourages
the use of bio-retention areas as a BMP in those locations where it can be
reasonably installed.
7.5.8. Regulatory Mechanism
The Town of Kernersville will develop and adopt new and/or revised
ordinances to address post-construction runoff from new developments and
redevelopments consistent with current or future rules promulgated by the
North Carolina Environmental Management Commission. New or revised
ordinances required to meet the Phase II requirements will be adopted and
implemented within the first two years following approval of the Town's
application of a NPDES Permit for storm water discharges.
7.5.9. Decision Process
The decision making process for this element is the same as previously
described in Section 7.1.5. Decision Process, Public Education and Outreach
on Storm Water Impacts. The rationale for development of this element of the
Town's Phase II storm water program is based on a careful review of the
Town's existing ordinances, which address storm water runoff issues. As new
or revised ordinances are developed, a process similar to that described in
Section 7.1.5.Decision Process will be used.
The new Phase II requirements will be incorporated into the Town's existing
watershed protection program. When combined, the total set of storm water
ordinances will act to minimize water quality impacts by attempting to
maintain pre-development runoff conditions.
The BMPs and measurable goals contained in Table 7-1 contain specific
references to priority BMPs intended to address water quality impacts from
storm water runoff generated by new development or re-development and to
meet the pre vs post runoff control objectives for this portion of the Town's
it Storm Water Management Program.
41
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Storm Water Management Program Report for the Town ofKernersville - May 2004
na
7.5.10. Evaluation
Each of the BMPs listed in Table 7-5 has a companion measurable goal, or goal(s),
which will be used to evaluate the effectiveness of this element of the Storm Water
Management Program Report.
Additional evaluation criteria are listed below:
A. A joint record keeping procedure will be established with the Forsyth County
Health Department, which will document known instances of septic system
failures and repairs. Instances of septic tank failures discovered by the IDDE
Program will be documented and reported.
B. Records will be kept of existing and future BMPs, which address post-
construction runoff from new and redeveloped sites.
C. Records of annual inspections of the post-construction BMPs will be evaluated
to determine their effectiveness and maintenance needs, if any.
•
42 10
• Storm Water Management Program Report for the Town ofKernersville - May 2004
7.6 Pollution Prevention and Good Housekeeping for Municipal Operations
The Town of Kernersville currently conducts a number a municipal programs and operations,
which are applicable to this required element of the Phase II storm water management
regulations. These are listed and described in the BMP summary table and in the following
pages.
The Town will develop and implement additional operation and maintenance programs,
which have the ultimate goal of reducing pollutant runoff from municipal operations. The
operation and maintenance program will include training for employees with jobs that have
potential for direct impacts on storm water pollution prevention and reduction. Training
materials will be obtained through EPA and other sources; emphasis for employee training
will be placed on park and open space maintenance, prevention and reduction of storm water
pollution from fleet and building maintenance, new construction and land disturbance, and
storm water system maintenance. Those employees involved with the illicit discharge
detection and elimination program will be given specific instruction on inspection procedures,
sample collection and preservation, and enforcement procedures. Employees expected to
respond to spills events or other environmental emergencies will be given training on
appropriate response and safety procedures.
The Town will also develop a more general storm water training program for all employees.
The intent is to develop employee awareness of impacts they may have on water quality, as
they do their jobs and in their daily lives. These training sessions will be conducted annually
for all employees.
7.6.1. BMP Summary Table
Table 7-6 on the following page provides information concerning BMPs to be
implemented to fulfill the requirements of the Pollution Prevention and Good
Housekeeping for Municipal Operations portion of the SWMP.
0 43
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Storm Water Management Pro ram Report for the Town of Kernersville - Mav 2004
'yt 1??
Table 7-6: BMP's and Measurable Goals for Pollution Prevention and Good Housekeeping for Municipal
Operations
BMP Measurable Goals YR YR YR YR YR Responsible
1 2 3 4 5 arty
Employee Identify, collect and/or develop operations and maintenance Storm Water
I Training training materials for use by Town staff and use that material Program
to perform quarterly training for pollution prevention and x X X X Manager
good housekeeping.
Develop and Develop and implement operations and maintenance Reports for
Implement a municipal facilities on Town properties. Develop a standard report Storm Water
Storm Water that will be adapted to each facility. Each Report will include Program
2 Pollution inspection procedures and checklists as may be needed for each x Manager
Prevention Report facility. Annual inspections will be scheduled at each facility with
for Facilities the ultimate goal of preventing and reducing pollutant runoff.
Starting in Year 2 identify structural BMPs (if needed) to
Town Facilities enhance the quality of runoff from Town facilities. Prepare Storm Water
3 BMPs (design engineering Reports, obtain permits, prepare detailed cost x X X X Program
and construction) estimates, and budget for construction of facilities BMPs in Manager
ears 3, 4 and 5.
Yard Waste Continue the Town's leaf and yard waste collection and Storm Water
Collection and recycle program. X X X X X Program
4 Recycle Program Manager
Street Continue the Town's street sweeping program. Re-evaluate Storm Water
5 Sweeping the current program with the intent being to identify ways to x X X X X Program
Program prevent and reduce pollutant runoff from right-of-ways. Manager
Revise the existing program as may be necessary.
Recycling Continue the Town's solid waste recycle program regarding Public Works
6 Program scrap tire removal, disposal of white goods and other solid waste X X X X X Director and/or
recycling programs. Recycling
Coordinator
Fleet Continue to follow appropriate procedures for fleet Storm Water
7 Maintenance maintenance x X X X X Program
Mana er
Sponsor and/or Encourage citizens and local civic groups to co-sponsor and
8 Coordinate an to participate in an annual stream clean up program, such as
Annual, North Carolina Big Sweep. Enlist one or more civic groups x X X Storm Water
Community to place stone drain plaques on storm water inlets. Program
Stream Clean-up Manager
Event such as
N.C. Big Sweep
r
44 0
•
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Storm Water Management Pro rg_am Report for the Town of Kernersville - May 2004
7.6.2. Affected Operations
Table 7-7 includes a listing of the Town of Kernersville's municipal operations that
have been identified as having potential to negatively impact water quality due to
storm water runoff.
Table 7-7: Municipal Operations Included in the Pollution Prevention and Good Housekeeping
Program
Municipal Operations Address Contact Phone Number
Public Works Facility 720 McKaughan Street Tim Shields, Public Works [phone]
Kernersville, North Carolina Director
27284
Parks and Recreation 903 Beeson Road Jim Pryor, Parks and [phone]
Maintenance and Storage Kernersville, North Carolina Recreation Director
Facility 27284
Sanitary Landfill (closed-out) 0 Freeman Road Tim Shields, Public Works [phone]
Kernersville, North Carolina Director
27284
Municipally Owned Roadways Tim Shields, Public Works [phone]
and Parking Lots Director
The Town submitted a "No Exposure Certification" for the Public Works Facility on
March 6, 2003. However, in year two (2) the Town will develop and implement a
Pollution Prevention Plan for each of the listed municipal operations. The Plan for
each municipal operation and/or facility will include standard operating instructions,
inspection procedures and checklists; regular inspections will be conducted at each
municipal operation and/or facility by knowledgeable staff. There are no industrial
activities, under the Town's control, and which require a NPDES Permit.
Starting in years three (3) through five (5) of the Town's Storm Water Management
Program, detailed plans will be developed and implemented for each municipal
operation and/or facility, as may be needed. These detailed plans will include
engineering designs and/or other information, as well as funding, needed to complete
structural or non-structural BMPs with the ultimate goal to enhance the quality of
storm water runoff from municipal operations and/or facilities.
7.6.3. Employee Training
A segment of the Town's employees have jobs that are likely to involve them directly
in pollution prevention and emergency response activities. Employees expected to
have to respond to spills or other emergencies will be given instruction on appropriate
actions to take, use of equipment, safety procedures, and other aspects of emergency
spill response. Further, a training program will be developed for employees involved
45
Storm Water Management Pro report for the Town ofKernersville - May 2004
n
in the illicit discharge detection and elimination program, which will provide specific
instruction on inspection procedures, sample collection and preservation, and
enforcement procedures. The Town's Storm Water Management Program will seek
employee training materials and opportunities from outside resources, but training
materials will be developed internally, as needed.
Generally, materials and information needed for an employee training program will be
obtained from other sources, such as the EPA. The Town may generate such other
training material, information and opportunities as may be needed to implement a
complete employee education program.
7.6.4. Maintenance and Inspections
Inspections and maintenance are currently provided on streets and parking lots owned
by the Town. Routine inspections are made on these facilities to determine their
condition, specifically to determine if street sweeping is needed. The Town conducts
a regular street sweeping program on curb and gutter streets and parking lots; heavily
traveled streets (usually streets owned by NC DOT) are swept more often.
The Town also conducts inspections of curb and gutter inlets and waterways during •
significant rainfall events to determine their condition. Maintenance is provided as
needed by the Street Division.
Leaf and yard waste cart collection is a program, which the Town provides at this
time. This program will continue.
In year two (2), the Town will develop and implement a storm water pollution
prevention plan for each of its facilities, specifically including road and street rights-
of-way. Structural and non-structural BMPs, having a potential for pollution
prevention, will be recommended for each facility. The facility plans will include
inspection procedures and frequencies, checklists, maintenance activities and reporting
forms.
7.6.5. Vehicular Operations
During development of storm water pollution prevention plans described above in
Section 7.6.4., all potential discharges of pollutants from the Towns vehicular facilities
will be identified. Specifically, the storm water management plans for each facility
will evaluate and address vehicular operations at the facility and their pollutant
potential and any pollution prevention measures as may be warranted.
46 10
a
0 Storm Water Management Program Resort for the Town of Kernersville - Mav 2004
7.6.6. Waste Disposal
Leaf and yard waste materials are currently handled in the Town recycle program,
which will be continued. Waste materials from street sweeping and storm water inlet
cleaning are taken to the landfill for disposal; this practice will be continued. Material
safety data sheets (MSDS) are kept for all chemicals; disposal of waste chemicals is
in accordance with MSDS and manufacturers' instructions. Waste-oil from
maintenance performed on vehicles and equipment is picked up by a licensed disposal
contractor.
Waste disposal at each of the Town's maintenance and storage facilities will be re-
evaluated as part of developing a storm water management plan for each facility. As
necessary, new waste disposal procedures will be implemented with the goal of
reducing pollutants discharged to the storm water system.
7.6.7. Flood Management Proiects
The Town of Kernersville participates in the FEMA Flood Management Program;
however, there have been no flood management projects in the past, nor are any
• planned.
Development within the flood fringe in Kernersville's jurisdiction is restricted by the
Unified Development Ordinance more stringently than required by FEMA regulations.
Filling in the flood fringe is limited to (a) one-half the distance between the 100-year
flood elevation and the floodway line, or (b) one-half the area between the 100-year
flood elevation and the floodway line, whichever is more stringent.
7.6.8. Evaluation of Existing Ordinances
During the first year of the five-year implementation period for the Storm Water
Management Program, the Town's ordinances will be evaluated and revised, as
necessary, to meet local and State legal and procedural requirements. New ordinances
will have to be developed to permit implementation of BMPs not currently
administered by the Town. It is likely that new ordinances will be needed to address:
(a) authority to enter private property to inspect for illicit discharges, (b) enforcement
authority needed to eliminate illicit discharges, (c) authority to require post
construction BMPs on development and re-development projects consistent with the
State's proposed model ordinance, and (d) funding mechanism(s) needed to implement
and pay for the Storm Water Management Program. Legal processes mandated by
State law will be followed in the development and adoption of new or revised
ordinances.
0 47
0 Storm Water Management Program Report for the Town ofKernersville - May 2004
7.6.9. Decision Process
The decision process for this element is the same as for the Public Education and
Outreach on Storm Water Impacts. Staff training and funding for infrastructure
repairs were of particular interest to the Committee, with these issues being more
thoroughly evaluated and discussed. The other BMPs are either required, or the Town
is already conducting these pollution prevention programs. All existing programs will
be re-evaluated to determine their potential for reducing pollutants from storm water
discharges.
7.6.10. Evaluation
A successful staff-training program will be measured (a) by the number of staff
receiving training for pollution prevention and good housekeeping and (b) by
improvements to water quality.
The other BMPs listed in Table 7.6 will be evaluated based on measurable goals
specifically included in the table.
•
48 0
Storm Water Management Pro report for the Town of Kernersville - May 2004
Appendix A:
Organization Chart
Storm Water Division
Organization Chart
Board of
Aldermen
Town Manager
Public Works
Director

Assistant
Public
Works
Director
Planning Director
Storm Water Recycle
Program Co-ordinator
Manager
Storm Water Storm Water
Technician Technician
0 49
Storm Water Management Program Report for the Town of Kernersville - Mav 2004
n;
Appendix B
Agreement With
Piedmont Triad Water Quality Partnership
(copy of Agreement to added to final document) 0
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ATTACHMENT A
• Carrollton Conceptual Master Plan
o Identifies Land Holdings
o Stormwater Management Plan
l1 ?Q lei
lw?. APk a g ?Ol'!pp
>FR
/
41
ATTACHMENT B
• Planning Board Report
APR242001
sam

Planning Board Report
To: Mayor Curtis L. Swisher, and Board of Aldermen
Cc: Randy E. McCaslin, Town Manager
Agenda Item Number: K-64LA1
Planning Board Date: May 8, 2006
Re: Gupton & Associates, Agents for PM Development, LLC and Thomas S. Williams,
Trustee for property located south of Old Salem Road being all of Lots(s) 52E and
305A of Tax Block 5643 and all of Lot(s) 120, 11Q, 11E, 11H, and 11K of Tax Block
5631 containing 10.19 acres more or less. Petitioners request to rezone from AG
(Agricultural) to MU-S (Mixed Use - Special Use District). Zoning Docket K-641.A1
Two-Phase
Jeff Hatling presented recommendation and certification that the necessary letters were
mailed to the adjoining property owners. The following staff report was presented to the
Planning Board and a power point presentation was provided.
Planning Board Action
Members present: Ron Wooten, Chairman; Phyllis Mendel, Vice Chairman; Bronda Smith-
Martin, Margaret Burks, Keith Hooker, Ed Green, Jim Waddell, Darrell Davis, and Alex
McLanahan
Members absent: Jennifer Hargett
Rezoning Recommendation
Motion made by Jim Waddell to recommend adoption of the motion as submitted with listed
conditions.
Seconded by Phyllis Mendel.
Vote: all for and motion carried.
Planning Director/ Date: - JeffHatling 05116106
PLANNING STAFF
REPORT ON REQUEST FOR REZONING
Zoning Docket: K-641.A 1
Planning Board: 5/8/06
PETITIONER: Gupton & Associates, Agents for PM Development, LLC and Thomas S.
Williams, Trustee
OWNERS: PM Development, LLC. and Thomas S. Williams, Trustee
PROPOSED AMENDMENT:
From: Agriculture (AG)
To: Mixed Use - Special Use District (MU-S)
Acres: 10.19+
LOCATION OF PROPERTIES:
The properties are located south of Old Salem Road being all of Lots(s) 52E and 305A of Tax
Block 5643 and all of Lot(s) 120, 11Q, I IE, I IH, and I lK of Tax Block 5631
PURPOSE OF REZONING
The Board of Aldermen approved the first phase of the NC 66 / Old Salem Road Metro
Activity Center Mixed Use Special Use District October 4, 2006, rezoning 247 acres. This
rezoning includes 6 additional parcels totaling 10 acres that are being added to the Mixed
Use District. It is anticipated several additional amendments in the future will be made to
expand the Mixed Use District. The NC 66 /Old Salem Road Metro Activity Center
Guidelines identifies an area of up to 500 acres to be a part of the Activity Center. The six
parcels are shown on a map on the following page.
Below is the original staff report as presented with updated maps and with the rezoning
recommendation modified to comply with the new North Carolina Statue motion
requirements.
PHYSICAL DESCRIPTION:
Two streams, Abbotts Creek to the west and a small tributary to the east, border the property. The
land slopes towards those streams with some steep areas near streams and drainage areas. It
primarily consists of a mixture of woodlands and pastures.
SUMMARY.• The name of the project is "NC 66/01d Salem Road Metro Activity Center". It is
a mixed-use development that proposes to implement a portion of the Town of
Kernersville and Forsyth County's adopted NC 66/Old Salem Road Area Metro
Activity Center Guidelines. This Metro Activity Center is one of seven planned
in Forsyth County. An Activity Center is a focal point for a diverse mix of
community activities that include living, working, shopping, education,
2
recreation, civic, cultural and spiritual activities. The goal is to create a village
within the Town of Kernersville. Such a village concept allows Kernersville to
create an unique, high quality place versus an intrusive commercial highway strip
with scattered, poorly planned residential developments.
Growth is changing the face of Kernersville and the surrounding area.
The challenge is to create a great place to live for existing and future residents. It
is anticipated that this project will take 8 to 10 years to complete. The entire
Metro Activity Center may take 10 to 20 years.
REZONING PROCESS
The proposed zoning district is Mixed Use - Special Use District (MU-S). The Unified
Development Ordinance (UDO) states that the purpose of the Mixed Use - Special Use District
(MU-S):
"is intended to accommodate a mix of residential, commercial, and
light industrial uses in a cohesive development which is compatible
with the natural terrain and surrounding uses. This district
encourages innovation by offering flexibility in design and layout
requirements to achieve a greater choice of living and working
environments".
The MU-S district is only permitted through the special use district, two phase rezoning process.
The petitioner is required to show in this first phase submittal, sensitive natural areas to be
retained, and indicate impervious surface greater than or equal to the standards in a comparable
general use zoning district. The MU-S district standards also state the following:
"Depending upon the size, intensity, and/or complexity of the
proposal, the Director of Planning may require the petitioner to
submit additional information to assist regulatory agencies with
their findings, including, but not limited to, analysis of traffic
impacts, availability of public water and sewer, and capacity of
schools. As warranted, staff may also recommend certain on-site
or off-site infrastructure improvements or other mitigation
measures as conditions for zoning approval."
NCDOT and the Town of Kernersville staff have determined that during different phases of the
project traffic studies will be required to determine specific road improvements. The petitioner
is also required to work directly with the City/County Utility Commission and the Town of
Kernersville in developing a water and sewer system. The Board of Education has been provided
notice of the project. The developer has submitted information on the natural features that
include stream and topography.
Rezoning Submittal Process
During a Two Phase petition the Board of Aldermen considers granting a Special Use District,
with conditions. If rezoning is approved, a Final Development Plan is submitted to the Planning
Board for review and approval at the time the developer has designed a specific site plan.
During the First Phase the Board of Aldermen may determine the uses, public improvement
needs and special conditions that would protect public health, safety and welfare of existing and
future residents. During the Second Phase the Planning Board reviews a Final Development
Plan insuring that the Board of Aldermen requirements are met and the Planning Board may add
other reasonable requirements to insure public health, safety and welfare.
Amending Process
To amend this rezoning a new rezoning application would need to be submitted for the entire
area or a portion of.
4
FINDINGS:
Kernersville Development Plan Goals
The adopted plan, NC 66101d Salem Road Metro Activity Center Guidelines, describes how this
area has the potential to serve as a hub to 60,000 people within a fifteen-minute drive.
Kernersville Development Plan Goals calls for the need to establish Kernersville as a "unique
high quality community within the Triad". The NC 66/01d Salem Road metro Activity Center
rezoning, if approved, would facilitate that goal by creating an area with a strong "sense of
place" through established growth management regulations that have minimum design standards
for residential and business areas. The proposed regulations incorporates design standards for
historic architectural features; pedestrian scale features; system of sidewalks, greenways, parks,
enhanced landscaping, and a diverse economic base
NC 66101d Salem Road Metro Activity Center Guidelines
To address the anticipated explosive growth in this area, the Town of Kernersville and Forsyth
County undertook a community planning process in 2001 with the residents in the NC 66/01d
Salem Road area. The residents expressed concerns that the character of the area would be
changing drastically because of the inevitable growth. Staff conducted a visual preference
community development meeting on what should be the character of the anticipated
developments. The desired characteristics included such elements as enhanced landscaping,
open space, and building designs that reflect the characteristics of the area.
To address the concerns of local residents and promote quality growth, specific development
standards have been drafted for this rezoning. It is estimated that it will take 8 to 10 years for
this 247 acres and the majority of the other areas of the Activity Center to build out. Numerous
rezonings will be required to successfully implement the NC 66101d Salem Road Metro Activity
Center. It is hoped that the design standards that have been formulated for this rezoning will be
used for other rezonings. By adopting similar standards throughout the Metro Activity Center
the projects can be woven together with quality development elements that control design of
buildings, landscapes, pedestrian facilities and roads.
NC 66101d Salem Road Metro Activity Center Rezoning
The proposed NC 66/01d Salem Road Metro Activity Center rezoning is the first large scale
rezoning submitted for the Activity Center. Several smaller rezonings have taken place that have
assisted in creating the planned Metro Activity Center (see following page)
RELATED METRO ACTIVITIY CENTER REZONING CASES
Case and location Decision and Date PB Rec Staff Rec
K-628 RS-20 to GB-S Approval 4/05 Approval Approval
Winston Eye Medical Office
K-617 RS-20 to GB-S Approval 11/04 Approval Approval
Keller Williams Office
K512 RS-20 & RM-18-S to GB-S Approval 6/98 Approval Approval
Lambe and CAP Offices and Shops
K-500 RS-12 & RS-20 to RM18-S Approval Approval Approval
Abbotts Creek Apartments
FORSYTH COUNTY HISTORY:
Case and location Decision and Date PB Rec Staff Rec
F-1427 AG to RM-8-S Approval Approval Approval
Angus Ridge Townhomes
F-1415 AG to NO-S Approval Denial Denial
Leighton Edwards Realty (residence converting to office)
F-1291 RS-20 to HB-S Approval Approval Approval
Moses Cone Hospital (Medical Office Park)
F-1265 RS-20 to GB-S Approval Denial Denial
Kiger Trailer Hitching (Sales and Rental of Trailers)
6
LAND USES
The rezoning format proposes three separate zoning districts with growth management design
standards. A Permitted Use table has been developed for each district (see conditions). The three
districts are:
1. Residential 103 acres (6.17 acres proposed to be added)
2. Village Center 121 acres (4.01 acres proposed to be added)
3. Business Park 23 acres
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The mixed-use element is an important part of creating an Activity Center. Community
designers have found that successful activity centers have a '/4 mile radius "core area" and a '/2
mile "support area". The "core area" needs to focus on businesses and high density residential,
with the "support area" being high and median density residential uses. To further support the
activity center, a business park component is incorporated to create a job center for residents and
support the commercial services.
It is anticipated that the approximate land use make up of each district will be:
• Village Center
o Commercial 40% to 75%
o Office 25% to 50%
o Residential 20% to 50%
7
o Public Space 5 % to 8%
• Residential: Within the Village and Residential districts it is estimated that there will be
approximately 1,000 housing units.
o Single family 20%
o Owner Occupied Multifamily 60%
o Rental Multifamily 20%
The goal of the Village Center is to allow for commercial and high-density residential growth to
create a pocket of growth versus a commercial strip along NC 66 and Old Salem Road. There
will be commercial and high-density residential developments along these highway corridors, but
they will be required to be designed to promote development towards the central area of the
village.
The NC 66101d Salem Road Metro Activity Center Guidelines calls for a "variety of housing
types including single family detached, townhomes, multifamily units...". Well-designed and
planned mixed development communities are becoming necessary and desirable to address
anticipated growth and continued demographic and life style changes.
Surveys by such groups as the National Home Builders Association indicate that people desire to
live in suburbs and small cities around larger cities. To guide our growth, the Town of
Kernersville has successfully used design standards. The Urban Land Institute has found that
numerous studies show that when surveyed about mixed-use development and higher density,
those interviewed have a negative view. However, when showed images of well-designed higher
density versus low density, people often changed their views. A lot of our memories of high
density residential come from public housing features of the 60's and 70's. We have images of
social unrest and depressing urban areas. The current development trend is showing some of the
highest square footage costs are well-designed higher density mixed use developments.
The Kernersville Development Plan calls for Kernersville to be "residential areas that are
predominately single family residential". However, a variety of housing types are needed to
meet the demands of the different types
of households (see chart below). The
Kernersville Land Use Plan targets the
NC 66/Old Salem Road as an area for
well designed multifamily housing in the
southern portion of Kernersville.
Currently, the residential market has the
strongest demand for the area.
Individual commercial and office
projects along the highway corridors are
the second strongest market. The
central village area and business park
area is anticipated to be the last phase.
HOUSEHOLDS BY TYPE:2003 (PERcBffAGE OF TOTAL)
13 Married couples with children (23.3)
5.6 p Married couples without children (28.2)
15.2 23.3
18 Other family households (16.4)
1.2 11 Men living alone (11.2)
G Women living alone (15.2)
;;yrk TEL ;; i,
E28{ ? Other na amily households (5.6)
16.4 l
Source: U.S. Bureau of the Census, Current Population Survey, Nfarcl ; and Annual
Social aW Economic Supplement: 2003.
DESIGN ELEMENTS
The Town of Kernersville, Forsyth County and the citizens who participated in the earlier
planning of the area recognized the importance of quality growth. To help achieve quality
development, design regulations have been drafted. Design requirements are often better
established by creating general design standards. Design through strict inflexible regulations
hamper creativity and make it difficult to adjust to changing markets. Prior to submittal for Final
Development Plan approval, the developer will be required to submit a site plan and
documentation that illustrates the proposed development meets all design standards. At time of
submittal the applicant may request a departure from the standards provided that the applicant
presents at the time of proposed findings of facts that the proposed development would
implement the NC 66/Old Salem Road Metro Activity Center Guidelines more adequately than a
development which would meet the strict requirements of the adopted design elements.
Buildings: The purpose of building design standards is to create a "sense of place" through the
use of historic architectural designs. Historic design features being proposed have lasted the test
of time as desirable designs in the central Piedmont. The pedestrian scale aspect of historic
design is also being incorporated in the other structural elements of parking, lighting, roads and
pedestrian walkways.
RESIDENTIAL
Residential developments shall comply with the Central Kernersville Zoning Overlay District
residential standards and other enhanced standards listed below, unless at the time of submittal
the approving board accepts an alternative historic architectural design. The alternative design
shall take into consideration the historic building designs of the central Piedmont. The Central
Kernersville Zoning Overlay District building design includes architectural style features known
as "neoclassical". Neoclassical incorporates a variety of classical architectural features into a
structure.
Residential Outdoor Design Features:
To assure that residential areas blend together and at the same time create distinguished
residential neighborhoods, the following standards are recommended.
• All neighborhoods shall have an identifiable center and edge.
• Where possible, street networks are interconnected and blocks are small.
• Civic buildings and public spaces are given prominent sites throughout the neighborhood.
• Housing structures shall not be set back excessively from the street, but rather pulled up
to the street, so as to create a human scaled streetspace.
• Functional front porches and rear porches, decks or patios shall be an integral part of the
housing unit to allow for outside activities in both a public setting (front yard/street
space) or private setting (rear yard).
• Homes with the front door located in the middle of the unit shall have a walk leading
from the front porch to the public sidewalk. This walk ties the house to the rest of the
neighborhood by providing a door into the room of the streetspace.
9
• The tree line street standard shall be used.
VILLAGE CENTER
Developments shall comply with the Central Kernersville Zoning Overlay District, other
standards listed below, unless at the time of submittal the approving board accepts an alternative
historic architectural design. The alternative design shall take into consideration the historic
building designs of the Central Piedmont.
Building design is defined as incorporating roof, window, entrance, trim and architectural
characteristics of one of the three applicable historic building styles set forth in Central
Kernersville Zoning Overlay Districts.
Store Front Style Building: This building design includes architectural features of a historic
storefront. The architectural features shall include a combination of the following:
TYPICAL UPPER FACADES
Early to Mid 1800s

a ¦ ee • SIMPLE COF%NICG
• LINTELS OVeN WINDOWS
SMALL WINDOW PMJ
S
TYPICAL STOREFRONTS
Early to Mid 1300s
rim,
• FCsT AND Se M FRAME
6 Urn DIVIDED DISPLAY WINDows
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-? Mid to Late 1800s Mid to Late 1800s
• aoLDLY Pecop„ ?Ep
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2 ov6Pi 2 WiwDows CI t" .LAST IRON COLUMNS
•LI,fiGe DISPLAY Wlt41?OWS
Late 18009 to Early 1900s Late 18006- to Early 1900s
• COPOeLLMV DAICK SIMPLE CORNIC5
CONNICE • jRANSOM WINDOWS
y _ - LARGE., ARCNGt7 H1NboW5 . MECESSW ENTRANCE
Early 1900: to 1930s .i Early 1900s to 1930s
• SIMPLE bFYCK CONAICE •.tt:cmttn utt::i'
?? ?? METAL WINDOW FhAMES
t • LAFkGE WINDOW OPEiJIN65 • STALICTURAL GLASS
WITH MULTIPLE, UNITS •1h8GE?rSED ENTF%ANGE
10
Office Style Building: This building design includes architectural features of a historic office
building. The architectural features shall include a combination of the following:
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Roofs:
• Cornice on Flat Roofs; or
• Hip and/or Gable(s) Roof, with a Pitch between 4:12 and
12:12.
Windows (panes):
• Window Sills and Lintels;
• Window Hood;
• Arched Windows; and/or
• Decorative Shutters
Entrances:
• Recessed Entrance; and/or
• Paneled Doors
Trim:
• Post & Beam Frame;
• Columns;
• Canvas Canopies; and/or
• Brick Work
Other Design Elements:
In order to provide interesting and aesthetically attractive retail developments and to avoid
monotony in design, the following standards shall apply:
• Double face buildings shall be used along all thoroughfares and collector roads. Along
other roads parking shall be to the side, rear, or if to the front, parking rooms shall be
created. The parking rooms shall be established by enhanced landscaped islands that
break up the bulk of the parking lot.
• All facades visible from adjoining properties and/or streets shall contribute to the
pleasing scale of features of the building and encourage community integration by
featuring characteristics similar to the front fagade.
• All sides of a principal building directly facing abutting streets shall include at least one
customer entrance. The entrance(s) shall be clearly defined, and highly visible with
distinguishing features such as canopies or porticos.
• Loading docks, trash collection and other outdoor storage and activity areas shall be
incorporated into the overall pedestrian scale of the building and landscaping.
• Anticipated outdoor display areas shall be planned in the overall design of the site plan.
The area shall contribute to the pedestrian scale and use of the development.
• Retail space stores that are a part of a larger principal building shall have display
windows and separate entrances.
• Fuel pumps and drive-throughs shall be placed either to the side and/or rear of a main
building.
• Variation in roofline required.
• Building bulk shall be softened with pedestrian scale elements.
• Scale of structures and site plan to have proportions in rhythm, heights and setbacks in
order to create a walkable atmosphere.
• Sidewalks shall be provided along any side of any building where parking or a driveway
is provided. Any such required sidewalk shall be parallel to the building, but located at
least five feet (5') from the building in order to provide an area for planting beds for
foundation and entranceway landscaping, unless it is a covered walkway or a sidewalk
with a minimum width of 8' along the fagade with a entrance or window display area.
Outdoor Space:
It is anticipated that the village area will have several separated areas. Those areas shall be
designed to contribute to the enhancement of the overall village and public spaces and add
beauty to the site. In addition to the minimum Unified Development Ordinance standards, the
following shall be included in each separate area:
• Public pedestrian walkways throughout the developments linking all areas.
• One or more useable and functional plazas or courtyards with benches, and/or seating
areas.
Outdoor spaces and site amenities shall be included in the design. The outdoor spaces
and site amenities are intended to enhance the vehicular and pedestrian entryways to the
site and the buildings on the site and shall have direct access to the public pedestrian
walkways. An "outdoor space" or "site amenity" shall include, but is not limited to, the
following:
o A landscaped median for the driveway(s) leading into the site and landscaped
pedestrian areas;
o A public square, park, or outdoor playground area on the site, or on adjacent land;
o Window shopping walkways;
o Kiosk area, water feature, clock tower, or other such deliberately shaped area and/
or focal feature or amenity that adequately enhances such community and public
spaces.
BUSINESS PARK
Building Standards: The facades of any new building visible from any existing or planned
public right-of-way shall comply with the building standards set forth in Industrial Corridor
Overlay District, unless at the time of submittal the approving board accepts an alternative
12
design. The alternative design shall take into consideration findings of facts that the proposed
building designs will create an attractive development that would not distract from the overall
quality design elements of the area or adversely impact surrounding properties.
LANDSCAPING, SCREENING AND OPEN SPACE
The loss of rural character was one of the citizens major concerns during the preparation of the
NC 66 Old Salem Road Metro Activity Center Guidelines. To mediate the loss of that character
enhanced site plans shall be required that meet the Overlay District General Requirements and
Highway Corridor Overlay Districts. During each final development plan submittal a landscape
plan shall be submitted that is designed to compliment other phases. As part of the landscape
plan elevations and view sheds shall be shown. Adequate landscaping and open space along NC
66 and Old Salem Road shall be provided to soften urban design characteristics. The
preservation of large healthy trees and woodlands shall be considered.
PARKS
Parks are a crucial element of higher density mixed-use developments. The parks provide a
place for the residents to enjoy the outdoors and soften the commercial areas.
• Networked sidewalk, bikeway and greenway system shall be developed.
• A pedestrian and bikeway shall be provided through the site that connects the proposed
gas line greenway.
• A recreational land fee of $250 per housing unit will be assessed at the time of building
permits to cover the cost of future public parks and facilities to serve the area. Public
park space(s) shall be a minimum of 5% in the Village Center.
• Private facilities shall be reviewed during the site plan review and approval process. Each
neighborhood shall contain, as its central focus, at least one square or park. The area
shall be designed to be visible from the street and numerous units to provide for adequate
access and safety.
STREETS AND SIDEWALKS
To tie the numerous anticipated developments Overlay Districts General Requirements together
specific street and sidewalk design standards are required.
• Laid out in a grid or modified grid to allow for connectivity.
• Seamless public and private streets.
• Incorporate traffic calming techniques.
• Unless prevented by topographical features, internal connections between existing or
potential parking lots on adjacent properties shall be provided.
• All pedestrian walkways and crosswalks in the commercial areas shall be distinguished
from driving surfaces through the use of some alternative material differing from that
used within the parking lot such as pavers, bricks or scored pavement.
• Transit stop(s) shall be established that meet PART standards.
• Developer shall identify the "Pedestrian Access" to the open space with a sign.
13
SIGNAGE
Shall comply with the Highway Corridor Overlay District.
DARK SKY LIGHTING
To address the light pollution from this development in this rural area it is recommended that
dark sky lighting shall be used. This has been become a standard condition in the area south of I-
40.
DESIGN REVIEW
A Community Development staff person shall be an ex-officio member of any architectural
review committee established by developer(s) to provide interpretation of special use district
conditions and Unified Development Ordinance standards.
ESTIMATED TAX BASE FOR THE ANNEXATION AREA
Revenue & Expenditures:
The Town of Kernersville is considering annexing the proposed rezoning area. The development
of this property will increase the Town's revenue and expenditures. The goal in most
annexations is to have the new revenue meet the new expenditure needs and contribute revenue
to community wide expenditures such as road improvements, emergency service facilities, and
parks.
Expenditures
Expenditures to service the area will cost less on average than serving the existing areas of
Town. This is due to the following facts:
• Very little funding will need to be expended on roads, since the roads will all be new and
built to town standards.
• Solid waste service will be more efficient due to the compact development and proper
layout of all pick-up areas.
• Police and fire protection will be more efficient due to the compact development.
• Park development fees and dedication(s) are being imposed to assist in the construction
of future roads and parks.
• As the development ages it will need similar funding for roads, parks and other public
facility improvements as in the existing areas. However, since all public improvements
being installed will be to Town standards, the average cost will remain below the cost of
repairing public facilities, which were not built to Town standards.
Estimated Revenue
Item Amount Price/Unit Tax Base
Housing Units 200 units $220,000 $44,000,000
Apartments (@1,000 sq.ft.) 220 units $90/sq.ft. $19,800,000
Village Commercial Space 500,000 sq.ft. $100/sq.ft. $50,000,000
Office Space 500,000 sq.ft. $100/sq.ft. $50,000,000
Light Industrial Space 500,000 sq.ft. $70/sq.ft. $35,000,000
TOTAL $198,800,000
14
TAX BASE REVENUE IMPACT ON TOWN OF KERNERSVILLE
Town of Kernersville Caleb's Creek Stafford Village
July 2003 Estimate Estimate Estimate
Tax Base $1,699,644,000 $531,215,000 $285,000,000
Acres 9,653 937 248
Tax Base Per Acre $176,074 $566,932 $1,149,193
Population 19,860 5,848 2,300
Tax Base Per Person $85,581 $90,837 $123,913
THOROUGHFARE AND STEET PLAN
The Thoroughfare and Street Plan recognized the lack of "connectivity" of our street system as one
of our major traffic issues. This proposed development has excellent "connectivity". It is a short
distance off I-40 and will have direct access to three thoroughfares: NC 66, Old Salem Road and the
proposed Bunker Hill Road extension that will extend to Union Cross/Glenn Hi.
The interior street system and future connections to adjacent properties create a grid system. These
road network elements create "connectivity" and will allow for the distribution of traffic rather than
concentrating traffic. The distribution of traffic will also take place, because traffic will be
disbursed in all directions: northeast to Greensboro; southeast to High Point; south to Davidson
County; west to Winston-Salem; and north to Kernersville.
NCDOT requires all access points onto NC 66 and Old Salem Road to obtain approval. Traffic
studies may be required for certain access points and/or final development proposals. The arrows
on/around the site represent potential road access points.

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15
Road: Highway 66 South
Traffic Count: 2003 (NCDOT) 13,000 vehicles per day
Road Capacity: Road capacity for a 4-lane road with a speed limit of 45 mph and
3- traffic lights would be 27,500 vehicles per day.
WATERSHED AND ENVIRONMENT
The proposed site is located in the Abbotts Creek (WSIII) watershed. The watershed protection
rules as setout in Section (C) "Deep River Watershed Riparian Areas" also applies to the Lower
Abbott's Creek Basin under Kernersville's jurisdiction. These rules include stream buffers,
connecting undisturbed and revegetated areas and no stormwater control devices located in the
100-year floodplain unless there are no practical alternatives.
The Town of Kernersville was required to amend its 201-Facilities Plan and obtain a permit to
install sewer within this portion of the Lower Abbotts Creek Basin.
This permit includes areas south of Interstate - 40, running east to west between Highway 66 and
Union Cross Road and south to High Point and Watkins Ford Road.
A portion of this permit includes a "Secondary and Cumulative Impact Mitigation Plan". The
overall goal of the SCI Mitigation Plan is to prevent significant environmental impacts from
future developments. The SCI Mitigation Plan review for this proposal will examine:
• Loss of forest habitats and their associated
wildlife due to land clearing activities.
• Incremental impacts from development to
both perennial and intermittent streams and
headwater wetlands.
• New impervious surfaces associated with
development causing increased stormwater
quantity and decreased quality, which may
degrade downstream aquatic environments.
• Increased flood levels, frequency, and velocity
from new development within the extended
sewer service area.
If this project is approved, final designs are required to
include provisions to treat stormwater runoff with a
combination of curb cuts, grass-lined swales, waterways,
detention ponds and natural stormwater conveyance buffers.
Also a 30-foot undisturbed buffer and 20-foot vegetative
buffer is required on all perennial and intermittent streams as
delineated using the States-Division of Water Quality stream
identification process.
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STREAM
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ILLUSTRATION OF THE PROPOSED BUFFERS
FOR THE LOWER ABBOTTS CREEK
SEWER SERVICE AREA
NTS
16
OTHER RELATED PLANS
Corridors Plan
"In this period of urban transition we must make preparations for Kernersville of the future with
fixed city limits lines, set in the middle of a blended Triad metropolitan region." Page 2
"Growth allows a community to guide development towards its preferred future." Page 3
"Facing a future with fixed limits lines, urban strategies for maintaining the health and vitality of
the city become vital." Page 4
"While there are significant opportunities for Kernersville as the Triad metro continues to
evolve, there are also significant challenges. The opportunities lie in positioning Kernersville to
diverse its development mix by attracting offices and additional hotels. Additional opportunities
lie in continuing to strengthen the industrial and distribution functions. The challenges are
represented by the possibility of Kernersville to lose its development momentum and become a
low-end market positioned between the higher end markets to the East and West. As the airport
area continues to gain momentum and add new buildings it is displacing Kernersville as the
"center " of the Triad." Page 13
Kernersville Development Plan
"The quality of life is visual as well as physical." page 63
"Develop a series of parkways, greenways and trails throughout the Town." page.3
"Provide locations for multifamily housing while protecting Kernersville's existing high quality
housing stock." Page 9
"Recognize that Kernersville is at the headwaters of streams that provide water supply to the
cities of High Point, Thomasville, Lexington, Winston-Salem and Greensboro. Plan carefully
from a regional standpoint to help protect these watersheds as Kernersville continues to grow
and develop." Page 6
IMPACTS ON SURROUNDING AREA
There are currently 44 adjacent property owners to this 248 acre development. The development
property border measures approximately 5.38 miles. Approximately only 12 homes are within
200' of the 5.38 mile perimeter.
The growth that is taking place in the central Triad metropolitan area is causing our rural areas to
transition into an urban area. The majority of surrounding property owners live in the area
because of its rural setting. The change to an urban setting will bring traffic, neighbors, sounds
and lighting they currently do not experience. As discussed in the staff report, conditions have
been drafted to lessen those impacts and to create a high quality urban setting.
17
RECOMMENDATION
Rezoning: Approval of the following motion:
Move to amend the Unified Development Ordinance of the Town by rezoning the property in
case K-64 LA 1 from AG to MU-S, the said rezoning being consistent with the Town's
comprehensive plan, Kernersville Development Plan, and further being both reasonable and in
the public interest because of the following facts.
? The petitioner requested Special Use District rezoning to allow for building architectural
and site plan standards to be applied that assures the development addresses the
Development Plan Goal of establishing Kernersville as a "unique high quality
community within the Triad".
? The petitioner requested Mixed Use - Special Use District rezoning to allow for the
continued implementation of the NC66 / Old Salem Road Metro Activity Center
Guidelines plan.
? The proposed rezoning allows for a more harmonious development pattern by rezoning
pockets of property that presently are outside of the Mixed Use - Special Use District.
Site Plan: Approval with the following conditions.
Village Center
I . Developments shall comply with the Central Kernersville Zoning Overlay District "store
front", "office" or "residential" style standards and General Site Plan Requirements,
unless at the time of submittal the approving board accepts an alternative historic
architectural design. The alternative design shall take into consideration the historic
building designs of the central Piedmont.
2. Double face buildings shall be used along all thoroughfares and collector roads. Along
other roads parking shall be to the side, rear, or if to the front, parking rooms shall be
created. The parking rooms shall be established by enhanced landscaped islands that
break up the bulk of the parking lot
3. All facades visible from adjoining properties and/or streets shall contribute to the
pleasing scale of features of the building and encourage community integration by
featuring characteristics similar to the front fagade.
4. All sides of a principal building directly facing abutting streets shall include a least one
customer entrance. The entrance(s) shall be clearly defined and highly visible with
distinguishing features such as canopies or porticos.
Loading docks, trash collection and other outdoor storage and activity areas
incorporated into the overall pedestrian scale of the building and landscaping.
Outdoor display areas shall be planned in the overall design of the site plan.
shall contribute to the pedestrian scale and use of the development.
Retail space stores that are a part of a larger principal building shall have
windows and separate entrances.
8. Fuel pumps and drive-throughs shall
building.
9. Variation in roofline required.
shall be
The area
display
be placed either to the side and/or rear of a main
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10. Building bulk shall be softened with pedestrian scale elements.
11. Scale of structures and site plan to have proportions in rhythm, heights and setbacks in
order to create a walkable atmosphere.
12. Sidewalks shall be provided along any side of any building where parking or a driveway
is provided. Any such required sidewalk shall be parallel to the building, but located at
least five feet (5) from the building in order to provide an area for planting beds for
foundation and entranceway landscaping, unless it is a covered walkway or a sidewalk
with a minimum width of 8' along the fagade with a entrance or window display area.
13. Public pedestrian walkways throughout the developments linking all areas.
14. One or more useable and functional plazas or courtyards with benches, and/or seating
areas.
15. Outdoor spaces and site amenities shall be included in the design. The outdoor spaces
and site amenities are intended to enhance the vehicular and pedestrian entryways to the
site and the buildings on the site and shall have direct access to the public pedestrian
walkways.
16. An "outdoor space" or "site amenity" shall include, but is not limited to, the following:
a. A landscaped median for the driveway(s) leading into the site and landscaped
pedestrian areas;
b. A public square, park, or outdoor playground area on the site, or on adjacent land;
C. Window shopping walkways;
d. Kiosk area, water feature, or clock tower; or other such deliberately shaped area
and/ or focal feature or amenity that adequately enhances such community and
public spaces.
Landscaping, Screening and Open Space
17. The Highway Corridor Overlay Districts and General Site Plan Requirements standards
shall apply.
18. During each final development plan submittal a landscape plan shall be submitted that is
designed to compliment other phases. As part of the landscape plan elevations and view
sheds shall be shown. Adequate landscaping and open space along NC 66 and Old
Salem Road shall be provided to soften urban design characteristics. The preservation of
large healthy trees and woodlands shall be considered.
Residential
19. Residential developments shall comply with the Central Kernersville Zoning Overlay
District residential standards, unless at the time of submittal the approving board accepts
an alternative historic architectural design. The alternative design shall take into
consideration the historic building designs of the Central Piedmont.
20. Garage doors shall be paneled and framed with decorative trim.
21. The front of the garage, for front-loading garages, shall not extend more than 5' from the
front entrance wall or if adjacent to the porch shall not extend 3' from the porch front
without prior staff approval.
22. Usable porches and stoops shall form a predominate motif of the building design and be
located on the front and/or side of the home. The porch must be at least 36 square feet in
area and have minimum depth of 5'.
23. The porch must have a solid roof.
24. The roof may not be more than 12 feet above the floor of the porch.
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25. The historic design features shall apply to all sides of the structure.
26. No two elevations with identical windows and door design are to be used on the same
single-family residential block. (A block is defined as the area between intersecting
streets).
27. The front and rear yards shall include a distinctly designed landscaped and/or fenced
feature. The minimum planting shall meet of the UDO multifamily planting
requirements.
Residential Outdoor Design Features
28. Within all residential areas streetyard trees shall be placed either within 20' of the right-
of-way or easement, or within the right-of-way of a Public Works approved utility
corridor plan. The minimum planting intervals shall be one tree per lot or 50' on center
which ever is less.
29. All neighborhoods shall have an identifiable center and edge.
30. Where possible street networks are interconnected and blocks are small.
31. Civic buildings and public spaces are given prominent sites throughout the neighborhood.
32. Housing structures shall not be set back excessively from the street, but rather pulled up
to the street; so as to create a human scaled streetspace.
33. Functional front porches and rear porches, decks or patios shall be an integral part of the
housing unit to allow for outside activities in both a public setting (front yard/street
space) or private setting (rear yard).
34. Homes with the front door located in the middle of the unit shall have a walk leading
from the front porch to the public sidewalk.
Business Park Design Standards
35. The facades of any new building visible from any existing or planned public right-of-way
shall comply with either; the building standards set forth in Industrial Corridor Overlay
District, unless at the time of submittal the approving board accepts an alternative design.
The alternative design shall take into consideration findings of facts that the proposed
building designs will create an attractive development that would not distract from the
overall quality design elements of the area or adversely impact surrounding properties.
Parks
36. Complete connection of the sidewalks and greenways shall be developed.
37. A pedestrian and bikeway shall be provided through the site that connects the proposed
gas line greenway.
38. A recreational land fee of $250 per housing unit will be assessed at the time of building
permits to cover the cost of future public parks and facilities to serve the area. Public
park space(s) shall be a minimum of 5% in the Village Center.
39. Private facilities shall be reviewed during the site plan review and approval process. Each
neighborhood shall contain, as its central focus, at least one square or park. The area
shall be designed to be visible from the street and numerous units to provide for adequate
access and safety.
Freestanding Signage
40. Shall comply with the Highway Corridor Overlay District.
Lighting
41. The lighting for the project shall be "cut-off lighting fixtures". Cut off lighting fixtures
are lights that cast light downward. Pedestrian scale lighting should illuminate so that
20
lighting dissolves at the rooflines of buildings or the top of the light pole. During the
review for building permits the petitioner shall submit the outdoor lighting plan.
Individual fixtures and lighting systems shall be designed, constructed and installed to
control glare and light trespass, minimize obtrusive light while maintaining safety,
security and productivity, and curtail the degradation of the night time visual
environment by reducing light pollution.
Design Review
42. A Community Development staff person shall be a ex-officio member of any
architectural review committee established by developer(s) to provide interpretation of
special use district conditions and Unified Development Ordinance standards.
43. At time of submittal the applicant may request a departure from the standards provided
that the applicant presents at the time proposed findings of facts that the proposed
development would implement the NC 66101d Salem Road Metro Activity Center
Guidelines more adequately than development which would meet the strict requirements
of the adopted design elements.
Streets and Sidewalks
44. Streets shall be laid out in a grid or modified grid to allow for connectivity.
45. Traffic calming techniques shall be incorporated.
46. Unless prevented by topographical features, internal connections between existing or
potential parking lots on adjacent properties shall be provided.
47. All pedestrian walkways and crosswalks in the commercial areas shall be distinguished
from driving surfaces through the use of some alternative material differing from that
used within the parking lot such as pavers, bricks or scored pavement.
48. Bus stop(s) shall be established that meet PART standards.
49. Developer shall identify the "Pedestrian Access" to the open space with a sign.
50. Sidewalks along all streets. Sidewalks shall be constructed a minimum five feet (5') in
width behind a five foot (5) grassy strip parallel to any thoroughfare and behind a three
foot (3') grassy strip parallel to any other streets, unless said sidewalk is located within
the Village retail area in which case it may be eight foot (8') behind the curb.
51. Sidewalks shall be installed along the full length of the sides of any building constructed,
which features a customer or multi-family unit entrance, and along any side of any
building where parking or a driveway is provided. Any such required sidewalk shall be
parallel to the building and located at least five feet (5) from the building in order to
provide an area for planting beds for foundation and entranceway landscaping, except
within the village retail area or where arcades and entranceways are part of the facade of
a building.
52. Land Uses
1. Village Center minimum percent of land use.
a. Commercial 40%
b. Office 25%
c. Residential 20%
d. Public Space 5%
2. Residential minimum percent of units.
a. Single Family 20%
21
b. Owner Occupied Multifamily 60%
c. Rental Multifamily 20%
3. Permitted Use Table
1 Residential
2 Village Center
3 Business Park
1 2 3
RESIDENTIAL USES
Residential Building, Single Family x
Duplex x X
Twin Home x X
Multifamily x X
Urban x X
Congregate Care Facility x X
Life Care Community X X 1 I
RETAIL AND WHOLESALE TRADE
ABC Store (liquor) X
Arts and Crafts Studio X
Building Material Supplies X
Convenience Store X
Food or Drug Store X
Furniture and Home Furnishings Store X
General Merchandise Store X
Hardware Store X
Nursery, Lawn and Garden Supply Store, Retail X
Restaurant w/o drive-thru service X
Restaurant with drive-thru service X
Retail Store, Specialty or Misc. X
Shopping Center X
Wholesale Trade A X X
Wholesale Trade B X X
BUSINESS & PERSONAL SERVICES
Banking and Financial Services x X
Bed and Breakfast X
Building Contractors, General x X
Car Wash X
Funeral Home xi I
Health Services, Miscellaneous X X
Hotel or Motel x X
Medical or Dental Laboratory x X
Medical and Surgical Offices x X
Motor Vehicle, Repair & Maintenance x X
22
Non-Store Retailer x X
Offices, Miscellaneous x X
Professional Office x X
Services, Business A X X
Services, Business B X
Services, Personal X
Testing & Research Lab x X
Veterinary Services x X
Warehousing x
RECREATIONAL USES
Golf Driving Range 1X IX
Recreation Services, Indoor lx lx
Recreation Services, Outdoor 1X IX
Recreation Facility, Public N IX
Swimming Pool, Private X X
Theater, Indoor X
INSTITUTIONAL & PUBLIC USES
Adult Da Care Home X
Adult Da Care Center X
Child Care Institution X
Child Da Care Center X
Church or Religious Institution, Community X X
Church or Religious Institution, Neighborhood X X
Club or Lode X
College or University x
Government Offices x X
Hospital or Health Center x X
Library, Public X
Museum or Art Gallery x
Neighborhood Organization x
Nursing Care Institution X
Police or Fire Station x X
Post Office X
School, Private X
School, Public X
School, Vocational or Professional X
MANUFACTURING & MINING
Manufacturing A X
Manufacturing B X
TRANSPORTATION & UTILITIES
Access Easement, Private Off-Site x X
Broadcast Studio X X
23
Helisto X X
Park & Shuttle Lot X X
Terminal, Bus or Taxi X X
Utilities X X X
• Mixed residential and commercial structures are permitted provided:
o any residential use is located above the first floor;
o any residential unit shall be at a minimum five hundred (500) square feet; and
o each residential dwelling unit is provided with its own bathroom and kitchen
facilities;
Standard Conditions
53. NCDOT Driveway permit is required to access all NCDOT roads.
54. If any streets are developed as private streets, developer shall first prepare and record, in
the office of the Register of Deeds of Forsyth County (after approval by the Director of
Planning and Town Attorney), recitations either within Restrictive Covenants, or as a
separate document, minimally reciting that all streets are private and shall be privately
maintained, including snow removal, street lighting is private and shall be privately
maintained, sanitary waste collection shall be privately provided, stormwater drainage
shall be privately maintained, and that no other non-emergency municipal services shall
be provided by the Town of Kernersville.
55. All streets and utilities within the subdivision shall be designed and constructed to the
Town of Kernersville Design and Construction Specifications Manual.
56. Any landscaping within the entrance islands shall be maintained by the property owners
association.
57. All water and sanitary sewer drawings with appropriate easements shall be approved by
the City-County Utilities Commission.
58. All storm drainage easements meeting the Town's easement requirements as outlined in
the Design and Construction Specifications Manual shall be shown on the final plat.
59. All detailed construction plans must be submitted and approved by the Public Works
Department prior to construction.
60. If any gates are used, the developer shall install technology-advanced equipment that
would exclude the need for remotes, code pads, card swipes, or keys. Emergency
Services, Utilities, and emergency repair will need access by the same universal system.
61. Properly marked and posted Fire lanes and/ or Tow Away zones to be installed per Fire
Department standards.
62. All Fire Department requirements shall be met during and after the construction process.
Fire Hydrant locations shall be submitted to the Kernersville Fire Marshal for review and
approval prior to submittal to City County Utility Commission.
63. Fire hydrants with adequate water main size meeting the standards of the Kernersville
Fire Department shall be installed as designated by the Fire Marshal.
64. Fire hydrants with adequate water main size meeting the standards WS/FC Utilities shall
be submitted to the Fire Department. Minimum water flow from fire hydrants are to be
1,000 gpm @ 20 psi residual.
65. The Town's; (a) Secondary and Cumulative Impact Mitigation Plan, (b) the
Environmental Assessment and Environmental Assessment Addendum for the Town's
24
201 Facilities plan, and (c) the Town's UDO Ordinance, Chapter C-Environmental
Ordinance-Article V, Watershed Protection (K), Section 5-3.2 Buffer Area Required (D),
Lower Abbott's Creek Sewer Service Area Watershed Protection Rules shall be adhered.
66. Wetland delineation is required prior to final plan approval; submit with a US Army
Corps of Engineers approved delineation.
67. All water bodies, as defined by the Division of Water Quality delineation form (19-points
= intermittent stream), shall be shown on the final plans. The appropriate stream buffers
shall extend along all delineated waters and "wrap" around upper origin points.
68. Zone (1) and Zone (2) stream buffers must start at the top of the channel bank.
69. Identify where stream buffer signs will be installed along the outer edge of Zone (1).
The signs can be purchased through the Town of Kernersville and shall be installed at an
interval not to exceed 500-feet.
70. A stormwater management plan prepared by a professional engineer, submitted for
review and approval by the Public Works Department, is required for each phase of
development. When final development plan(s) are submitted, the design engineer will
include provisions for treatment of stormwater runoff where feasible. Treatment options
may include, but are not limited to: curb cuts, grass-lined swales and waterways, and
natural stormwater conveyance buffers. If the developer has elected to develop under the
high-density option, impervious surfaces within each phase of development shall be
collected and properly treated in an approved stormwater best management practice
(BMP). Further, any off-site stormwater drainage, which cannot be bypassed, must also
be treated in the BMP. Should a watershed protection pond be a BMP of choice, a good
faith effort by the designing engineer shall be made to minimize its potential
classification as a high hazard dam. All other provisions of the Town's Watershed
Protection Ordinance shall be met. All permanent stormwater management devices will
be installed prior to issuance of any "Certificate of Occupancy" permits. All stormwater
management requirements and regulations that are applicable and adopted by the Town
and/or NCDENR and/or other regulatory agencies with jurisdiction over the site at the
time of submittal of final development plans shall be adhered to.
71. All street names shall be approved by CCPB prior to final plat. A letter of approval shall
be attached to preliminary plat at time of submittal.
72. Property owner's covenants and restrictions shall include language that all private streets,
gates, bufferyards, landscaped areas with the public right-of-way and detention ponds are
the property of the property owner's association and the maintenance, up-grades and
associated costs, shall be the responsibility of the property owner's association. The
homeowners covenants shall be submitted to the Kernersville Planning Staff and
Watershed Administrator for review and approval.
73. Lots adjacent to required buffers shall be platted and recorded with clear buffer type
identification.
74. Prior to building permit application submittal a final plat shall be recorded with all
required right-of-way and easements.
25

In Favor
Paul Williams, PM Development announced he was available for any questions.
Opposed
None Presented
There being no others wishing to speak in favor or opposition the public hearing was
declared closed.
Board Discussion
None Presented
Rezoning Recommendation
Motion made by Jim Waddell to recommend adoption of the motion as submitted with listed
conditions.
Seconded by Phyllis Mendel.
Vote: all for and motion carried.
26
ATTACHMENT C
• Final Development Plan for Multi-family
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ATTACHMENT- D
• Conceptual Residential Site Plan
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