WSMU_KERN_WSWP Ordinance_20210203

CHAPTER C - ENVIRONMENTAL ORDINANCE
ARTICLE 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
Kernersville through the stated regulations of this Ordinance. An additional purpose of this Ordinance is to
implement the goals, objectives, and policies of the Kernersville 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 Kernersville, 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requirements under which the rights were perfected, unless and until such vested rights are withdrawn or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.
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1-6 SEVERABILITY
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.
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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) The flood prone areas within the jurisdictions of Kernersville 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 of flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety, and general
welfare.
(B) These flood losses are caused by the cumulative effect of obstructions in floodplains causing
increases in flood heights and velocities and by die occupancy in flood prone areas of uses
vulnerable to floods or other hazards.
2-1.2 STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote public health, safety, and general welfare and to minimize
public and private losses due to flood conditions within flood prone areas by provisions designed to:
(A) Restrict or prohibit uses that are dangerous to health, safety, and property due to water or erosion
hazards or that result in damaging increases in erosion, flood heights or velocities;
(B) Require that uses vulnerable to floods, including facilities that serve such uses, be protected
against flood damage at the time of initial construction;
(C) Control the alteration of natural floodplains, stream channels, and natural protective barriers,
which are involved in the accommodation of floodwaters;
(D) Control filling, grading, dredging, and all other development that may increase erosion or flood
damage; and
(E) Prevent or regulate the construction of flood barriers that will unnaturally divert flood waters or
which may increase flood hazards to other lands.
2-1.3 OBJECTIVES
The objectives of this chapter are:
(A) Protect human life, safety, and health;
(B) Minimize expenditure of public money for costly flood control projects;
(C) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken
at the expense of the general public;
(D) Minimize prolonged business losses and interruptions;
(E) Minimize damage to public facilities and utilities (i.e. water and gas mains, electric, telephone,
cable and sewer 1 ines, streets, and bridges) that are located in flood prone areas;
Unified Development Ordinance 349 Chapter C Article II

(F) Help maintain a stable tax base by providing for the sound use and development of flood prone
areas; and
(G) Ensure that potential buyers are aware that property is in a Special Flood Hazard Area.
2-1.4 DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give
them the meaning they have in Chapter A, Article II (Definitions) or in conmron usage, and to give this
ordinance its most reasonable application. In the event of conflict with Chapter A, Article IT (Definitions),
the definitions below shall control.
Accessory Structure (Appurtenant Structure) means a structure located on the same parcel of property
as the principal structure and the use of which is incidental to the use of the principal structure. Garages,
carports and storage sheds are common urban accessory structures. Pole barns, hay sheds and the like
qualify as accessory structures on farms, and may or may not be located on the same parcel as the farm
dwelling or shop building.
Addition (to an existing building) means an extension or increase in the floor area or height of a building
or structure.
Appeal means a request for a review of the Floodplain Administrator's interpretation of any provision of
this ordinance.
Area of Shallow Flooding means a designated Zone AO on a conuminity's Flood Insurance Rate Map
(FIRM) with base flood depths determined to be from one (1) to three (3) feet. These areas are located
where a clearly defined channel does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident.
Area of Special Flood Hazard see Special Flood Hazard Area (SFHA)
Base Flood means the flood having a one (1) percent chance of being equaled or exceeded in any given
year.
Base Flood Elevation (BFE) means a determination of the water surface elevations of the base flood as
published in the Flood Insurance Study. When the BFE has not been provided in a Special Flood Hazard
Area, it may be obtained from engineering studies available from a Federal, State, or other source using
FEMA approved engineering methodologies. This elevation, when combined with the Freeboard,
establishes the Regulatory Flood Protection Elevation.
Basement means any area of the building having its floor subgrade (below ground level) on all sides.
Building see Structure.
Chemical Storage Facility means a building, portion of a building, or exterior area adjacent to a building
used for the storage of any chemical or chemically reactive products.
Development means any man-made change to improved or unimproved real estate, including, but not
limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials.
Disposal means, as defined in NCGS 130A-290(a)(6), the discharge, deposit, injection, dumping, spilling,
leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent
part of the solid waste may enter the environment or be emitted into the air or discharged into any waters,
including groundwaters.
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Elevated Building means a non -basement building which has its lowest elevated floor raised above ground
level by foundation walls, shear walls, posts, piers, pilings, or columns.
Encroachment means the advance or infringement of uses, fill, excavation, buildings, structures or
development into a floodplain, which may impede or alter the flow capacity of a floodplain.
Existing Manufactured Home Park or Manufactured Home Subdivision means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) was completed before the initial effective date
of the floodplain management regulations adopted by the community.
Flood or Flooding means a general and temporary condition of partial or complete inundation of normally
dry land areas from:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Boundary and Floodway Map (FBFM) means an official map of a community, issued by the
Federal Emergency Management Agency, on which the Special Flood Hazard Areas and the floodways are
delineated. This official map is a supplement to and shall be used in conjunction with the Flood Insurance
Rate Map (FIRM).
Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by the Federal
Emergency Management Agency, where the boundaries of the Special Flood Hazard Areas have been
defined as Zone A.
Flood Insurance means the insurance coverage provided under the National Flood Insurance Program.
Flood Insurance Rate Map (FIRM) means an official map of a community, issued by the Federal
Emergency Management Agency, on which both the Special Flood Hazard Areas and the risk premium
zones applicable to the community are delineated.
Flood Insurance Study (FIS) means an examination, evaluation, and determination of flood hazards,
corresponding water surface elevations (if appropriate), flood hazard risk zones, and other flood data in a
community issued by the Federal Emergency Management Agency. The Flood Insurance Study report
includes Flood Insurance Rate Maps (FIRMS) and Flood Boundary and Floodway Maps (FBFMs), if
published.
Flood Prone Area see Floodplain
Flood Zone means a geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate
Map that reflects the severity or type of flooding in the area.
Floodplain means any land area susceptible to being inundated by water from any source.
Floodplain Administrator is the individual appointed to administer and enforce the floodplain
management regulations.
Floodplain Development Permit means any type of permit that is required in conformance with the
provisions of this ordinance, prior to the commencement of any development activity.
Floodplain Management means the operation of an overall program of corrective and preventive measures
for reducing flood damage and preserving and enhancing, where possible, natural resources in the
floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain
management regulations, and open space plans.
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Floodplain Management Regulations means this ordinance and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances, and other applications of police
power. This term describes Federal, State or local regulations, in any combination thereof, which provide
standards for preventing and reducing flood loss and damage.
Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments
to structures which reduce or eliminate flood damage to real estate or improved real property, water and
sanitation facilities, structures, and their contents.
Floodway means the channel of a r iver or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one (1) foot.
Floodway Fringe means an area lying outside the floodway, but within the floodplain.
r 100 YEAR FLOODS
ELEVATION
FLOODWAY STREAM FLOODWAY
FRINGE CHANNEL FRINGE
FLOODWAY
FLOODPLAIN
CROSS-SECTION
FLOODWAY FRINGE
o FLOODWAY SS�EA�
0
FLOODWAY
FLOODWAY FRINGE
PLAN VIEW
Freeboard means the height added to the Base Flood Elevation (BEE) to account for the many unknown
factors that could contribute to flood heights greater that the height calculated for a selected size flood and
floodway conditions, such as wave action, blockage of bridge openings, and the hydrological effect of
urbanization of the watershed. The Base Flood Elevation (BEE) plus the freeboard establishes the
Regulatory Flood Protection Elevation.
Functionally Dependent Facility means a facility which cannot be used for its intended purpose unless it
is located in close proximity to water, limited to a docking or port facility necessary for the loading and
unloading of cargo or passengers, shipbuilding, or ship repair. The term does not include long-term
storage, manufacture, sales, or service facilities.
Highest Adjacent Grade (HAG) means the highest natural elevation of the ground surface, prior to
construction, immediately next to the proposed walls of the structure.
Historic Structure means any structure that is:
(A) Listed individually in the National Register of Historic Places (a listing maintained by the US
Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the
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requirements for individual listing on the National Register;
(B) certified or preliminarily determined by the Secretary of Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
(C) Individually listed on a local inventory of historic landmarks in communities with a Certified
Local Government (CLG) Program; or
(D) Certified as contributing to the historical significance of a historic district designated by a
community with a Certified Local Government (CLG) Program.
Certified Local Government (CLG) Programs are approved by the US Department of the Interior in
cooperation with the North Carolina Department of Cultural Resources through the State Historic
Preservation Officer as having met the requirements of the National Historic Preservation Act of 1966 as
amended in 1980.
Lowest Adjacent Grade (LAG) means the elevation of the ground, sidewalk or patio slab immediately
next to the building, or deck support, after- completion of the building.
Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or
flood resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an area
other than a basement area is not considered a building's lowest floor, provided that such an enclosure is not
built so as to render the structure in violation of the applicable non -elevation design requirements of this
ordinance.
Manufactured Home means a s tructure, transportable in one or more sections, which is built on a
permanent chassis and designed to be used with or without a permanent foundation when connected to the
required utilities. The term manufactured home does not include a recreational vehicle.
Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
Market Value means the building value, not including the land value and that of any accessory structures
or other improvements on the lot. Market value may be established by independent certified appraisal;
replacement cost depreciated for age of building and quality of construction (Actual Cash Value); or
adjusted tax assessed values.
Mean Sea Level means, for purposes of this ordinance, the National Geodetic Vertical Datum (NGVD) as
corrected in 1929, the North American Vertical Datum (NAVD) as corrected in 1988, or other vertical
control datum used as a reference for establishing varying elevations within the floodplain, to which Base
Flood Elevations (BFEs) shown on a FIRM are referenced. Refer to each FIRM panel to determine datum
used.
New Construction means structures for which the start of construction commenced on or after the
effective date of the initial floodplain management regulations and includes any subsequent improvements
to such structures.
Non -Encroachment Area means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one (1) foot as designated in the Flood Insurance Study report.
One Hundred Year Flood see Special Flood Hazard Area (SFHA)
Post -FIRM means construction or other development for which the start of construction occurred on or
after the effective date of the initial Flood Insurance Rate Map.
Pre -FIRM means construction or other development for which the start of construction occurred before the
effective date of the initial Flood Insurance Rate Map.
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Principally Above Ground means that at least 51% of the actual cash value of the structure is above
ground.
Public Safety and/or Nuisance means anything which is injurious to the safety or health of an entire
community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free
passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
Recreational Vehicle (RV) means a vehicle, which is:
(A) built on a single chassis;
(B) 400 square feet or less when measured at the largest horizontal projection;
(C) designed to be self-propelled or permanently towable by a light duty truck; and
(D) designed primarily not for use as a permanent dwelling, but as temporary living quarters for
recreational, camping, travel, or seasonal use.
Reference Level is the top of the lowest floor for structures within Special Flood Hazard Areas designated
as Zone Al-A30, AE, A, A99 or AO.
Regulatory Flood Protection Elevation means the Base Flood Elevation plus the Freeboard. in Special
Flood Hazard Areas where Base Flood Elevations (BFEs) have been determined, this elevation shall be the
BEE plus two (2) feet of freeboard. in Special Flood Hazard Areas where no BEE has been established,
this elevation shall be at least two (2) feet above the highest adjacent grade.
Remedy a Violation means to bring the structure or other development into compliance with State and
community floodplain management regulations, or, if this is not possible, to reduce the impacts of its
noncompliance. Ways that impacts may be reduced include protecting the structure or other affected
development from flood damages, implementing the enforcement provisions of the ordinance or otherwise
deterring future similar violations, or reducing Federal financial exposure with regard to the structure or
other development.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Salvage Yard means any non-residential property used for the storage, collection, and/or recycling of any
type of equipment, and including but not limited to vehicles, appliances and related machinery.
Solid Waste Disposal Facility means any facility involved in the disposal of solid waste, as defined in
NCGS 130A-290(a)(35).
Solid Waste Disposal Site means, as defined in NCGS 130A-290(a)(36), any place at which solid wastes
are disposed of by incineration, sanitary landfill, or any other method.
Special Flood Hazard Area (SFHA) means the land in the floodplain subject to a one percent (1%) or
greater chance of being flooded in any given year, as determined in Section C.2-1.6 of this ordinance. The
Special Flood Hazard Area can also be referred to as the one hundred year flood.
Start of Construction includes substantial improvement, and means the date the building permit was
issued provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or
other improvement was within 180 days of the permit date. T he actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of
temporary forms; nor does it include the installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement,
the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part
Unified Development Ordinance 354 Chapter C Article II

of the building, whether or not that alteration affects the external dimensions of the building.
Structure means a walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas
storage tank that is principally above ground.
Substantial Damage means damage of any origin sustained by a structure during any one-year period
whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred. See definition of substantial
improvement. Substantial damage also means flood -related damage sustained by a structure on two
separate occasions during a 10-year period for which the cost of repairs at the time of each such flood
event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage
occurred.
Substantial Improvement means any combination of repairs, reconstruction, rehabilitation, addition, or
other improvement of a structure, taking place during any one-year period for which the cost equals or
exceeds 50 percent of the market value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage, regardless of the actual repair work
performed. The term does not, however, include either:
(A) any correction of existing violations of State or community health, sanitary, or safety code
specifications which have been identified by the community code enforcement official and which
are the minimum necessary to assure safe living conditions; or
(B) any alteration of a historic structure, provided that the alteration will not preclude the structure's
continued designation as a historic structure.
Variance is a grant of relief from the requirements of this ordinance
Violation means the failure of a structure or other development to be fully compliant with the community's
floodplain management regulations. A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in Sections C.2-2 and C.2-3 is presumed to be
in violation until such time as that documentation is provided.
Water Surface Elevation (WSE) means the height, in relation to mean sea level, of floods of various
magnitudes and frequencies in the floodplains of riverine areas.
Watercourse means a lake, river, creek, stream, wash, channel or other topographic feature on or over
which waters flow at least periodically. Watercourse includes specifically designated areas in which
substantial flood damage may occur.
2-15 LANDS TO WHICH THIS CHAPTER APPLIES
This ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of Forsyth County and
within the jurisdiction of any other community whose governing body agrees, by resolution, to such
applicability.
2-1.6 BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREAS.
The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS)
agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) and its
accompanying Flood Insurance Rate Maps (FIRM), for Forsyth County dated January 2, 2009, which are
adopted by reference and declared to be a part of this ordinance.
The initial Flood Insurance Rate Maps are as follows for the jurisdictional areas at the initial date:
Forsyth County Unincorporated Area, dated September 1, 1972; the Town of Kernersville dated October
20, 1998, the City of Winston-Salem, dated August 31, 1972; the Town of Bethania, dated October 20,
1998; the Town of Rural Hall, dated September 1, 1972; and the Village of Tobaccoville, dated September
1, 1972.
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2-1.7 ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT
A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance
prior to the commencement of any development activities within Special Flood Hazard Areas determined in
accordance with the provisions of Section C.2-1.6.
2-1.8 COMPLIANCE
No structure or land shall hereafter be located, extended, converted, altered, or developed in any way
without full compliance with the terms of this ordinance and other applicable regulations.
2-1.9 ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
2-1.10 INTERPRETATION
In the interpretation and application of this ordinance, 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.
2-1.11 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes
and is based on scientific and engineering consideration. Larger floods can and will occur. Actual flood
heights may be increased by man-made or natural causes. This ordinance does not imply that land outside
the Special Flood Hazard Areas or uses permitted within such areas will be free from flooding or flood
damages. This ordinance shall not create liability on the part of Town of Kernersville or by any officer or
employee thereof for any flood damages that result from reliance on this ordinance or any administrative
decision lawfully made hereunder.
2-1.12 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 FLOODPLAIN ADMINISTRATOR
The Community Development Director, hereinafter referred to as the "Floodplain Administrator", is hereby
appointed to administer and implement the provisions of this ordinance.
2-2.2 APPLICATION REQUIREMENTS
Application for a Floodplain Development Permit shall be made to the Floodplain Administrator prior to
any development activities located within Special Flood Hazard Areas. The following items shall be
presented to the Floodplain Administrator to apply for a floodplain development permit:
(A) A plot plan drawn to scale which shall include, but shall not be limited to, the following specific
details of the proposed floodplain development:
(1) The nature, location, dimensions, and elevations of the area of development/disturbance;
existing and proposed structures, utility systems, grading/pavement areas, fill materials,
storage areas, drainage facilities, and other development;
(2) The boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood
map as determined in Section C.2-1.6, or a statement that the entire lot is within the
Special Flood Hazard Area;
(3) Flood zone(s) designation of the proposed development area as determined on the FIRM
or other flood map as determined in Section C.2-1.6;
(4) The boundary of the floodway(s) or non -encroachment area(s) as determined in Section
C.2-1.6;
(5) The Base Flood Elevation (BFE) where provided as set forth in Section C.2-1.6; Article
4, Section C.2-2.5; or Section C.2-3.4;
(6) The old and new location of any watercourse that will be altered or relocated as a result
of proposed development; and
(B) Proposed elevation and method thereof, of all development within a Special Flood Hazard Area
including but not limited to:
(1) Elevation in relation to mean sea level of the proposed reference level (including
basement) of all structures;
(2) Elevation in relation to mean sea level to which any non-residential structure in Zone AE,
A or AO will be floodproofed; and
(3) Elevation in relation to mean sea level to which any proposed utility systems will be
elevated or floodproofed.
(C) If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting data, an
operational plan, and an inspection and maintenance plan that include, but are not limited to,
installation, exercise, and maintenance of floodproofing measures.
(D) A Foundation Plan, drawn to scale„ which shall include details of the proposed foundation system
to ensure all provisions of this ordinance are met. These details include but are not limited to:
(1) The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall,
solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls);
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2-2.3
2-2.4
and
(2) Openings to facilitate automatic equalization of hydrostatic flood forces on walls in
accordance with Section C.2-3.2(E)(3) when solid foundation perimeter walls are used in
Zones A, AO, AE, and Al-30.
(E) Usage details of any enclosed areas below the lowest floor.
(F) Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical,
and water systems to be located and constructed to minimize flood damage.
(G) Certification that all other Local, State and Federal permits required prior to floodplain
development permit issuance have been received.
(H) Documentation for placement of Recreational Vehicles and/or Temporary Structures, when
applicable, to ensure that the provisions of Sections C.2 3.2(G) and C2 12(H) are met.
(1) A description of proposed watercourse alteration or relocation, when applicable, including an
engineering report on the effects of the proposed project on the flood -carrying capacity of the
watercourse and the effects to properties located both upstream and downstream; and a map (if not
shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
PERMIT REQUIREMENTS
The Floodplain Development Permit shall include, but not be limited to:
(A) A description of the development to be permitted under the floodplain development permit.
(S) The Special Flood Hazard Area determination for the proposed development in accordance with
available data specified in Section C.2-1.6.
(C) The Regulatory Flood Protection Elevation required for the reference level and all attendant
utilities.
(D) The Regulatory Flood Protection Elevation required for the protection of all public utilities.
(E) All certification submittal requirements with timelines.
(F) A statement that no fill material or other development shall encroach into the floodway or non -
encroachment area of any watercourse, as applicable.
(G) The flood openings requirements, if in Zones A, AO, AE or A 1-30.
CERTIFICATION REQUIREMENTS
(A) Elevation Certificates
(1) An Elevation Certificate (FEMA Form 81-31) is required after the reference level is
established. Within twenty-one (2 1 ) calendar days of establishment of the reference level
elevation, it shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of the elevation of the reference level, in relation to mean
sea level. 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 Floodplain
Administrator shall review the certificate data submitted. Deficiencies detected by such
review shall be corrected by the permit holder immediately and prior to further work
being permitted to proceed. Failure to submit the certification or failure to make required
corrections shall be cause to issue a stop -work order for the project.
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(2) A final as -built Elevation Certificate (FEMA Form 81-31) is required after construction is
completed and prior to Certificate of Compliance/Occupancy issuance. It shall be the
duty of the permit holder to submit to the Floodplain Administrator a certification of final
as -built construction of the elevation of the reference level and all attendant utilities. The
Floodplain Administrator shall review the certificate data submitted. Deficiencies
detected by such review shall be corrected by the permit holder immediately and prior to
Certificate of Compliance/Occupancy issuance. In some instances, another certification
may be required to certify corrected as -built construction. F ailure to submit the
certification or failure to make required corrections shall be cause to withhold the
issuance of a Certificate of Compliance/Occupancy.
(B) Floodproofing Certificate
If non-residential floodproofing is used to meet the Regulatory Flood Protection Elevation
requirements, a Floodproofing Certificate (FEMA Form 81-65), with supporting data, an
operational plan, and an inspection and maintenance plan are required prior to the actual start of
any new construction. I t shall be the duty of the permit holder to submit to the Floodplain
Administrator a certification of the floodproofed design elevation of the reference level and all
attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by
or under the direct supervision of a professional engineer or architect and certified by same. The
Floodplain Administrator shall review the certificate data, the operational plan, and the inspection
and maintenance plan. Deficiencies detected by such review shall be corrected by the applicant
prior to permit approval. Failure to submit the certification or failure to make required corrections
shall be cause to deny a Floodplain Development Permit. Failure to construct in accordance with
the certified design shall be cause to withhold the issuance of a C ertificate of
Compliance/Occupancy.
(C) If a manufactured home is placed within Zone A, AO, AE, or Al-30 and the elevation of the
chassis is more than 36 inches in height above grade, an engineered foundation certification is
required in accordance with the provisions of Section C.2-3.2(D)(2).
(D) If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration
or relocation; a professional engineer's certified report on the effects of the proposed project on
the flood -carrying capacity of the watercourse and the effects to properties located both upstream
and downstreatn; and a map showing the location of the proposed watercourse alteration or
relocation shall all be submitted by the permit applicant prior to issuance of a floodplain
development permit.
(E) Certification Exemptions. The following structures, if located within Zone A, AO, AE or Al-30,
are exempt from the elevation/floodprooting certification requirements specified in items (A) and
(B) of this subsection:
(1) Recreational Vehicles meeting requirements of Section C.2-3.2(G)(1);
(2) Temporary Structures meeting requirements of Section C.2-3.2(H); and
(3) Accessory Structures less than 150 square feet meeting requirements of Section C2-
32(I).
2-2.5 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
The Floodplain Administrator shall perform, but not be limited to, the following duties:
(A) Review all floodplain development applications and issue permits for all proposed development
within Special Flood Hazard Areas to assure that the requirements of this ordinance have been
satisfied.
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(B) Review all proposed development within Special Flood Hazard Areas to assure that all necessary
Local, State and Federal permits have been received.
(C) 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 (FEMA).
(D) Assure that maintenance is provided within the altered or relocated portion of said watercourse so
that the flood -carrying capacity is maintained.
(E) Prevent encroachments into floodways and non -encroachment areas unless the certification and
flood hazard reduction provisions of Section C.2-3.6 are met.
(F) Obtain actual elevation (in relation to mean sea level) of the reference level (including basement)
and all attendant utilities of all new and substantially improved structures, in accordance with the
provisions of Section C.2-2.4.
(G) Obtain actual elevation (in relation to mean sea level) to which all new and substantially improved
structures and utilities have been floodproofed, in accordance with the provisions of Section C.2-
2.4.
(I) Obtain actual elevation (in relation to mean sea level) of all public utilities in accordance with the
provisions of Section C.2-2.4.
(I) When floodprooflng is utilized for a particular structure, obtain certifications from a registered
professional engineer or architect in accordance with the provisions of Section C.2-2.4 and Section
C.2-3.2(C).
(,i) Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard
Areas, floodways, or non -encroachment areas (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions), 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 this article.
(K) When Base Flood Elevation (BFE) data has not been provided in accordance with the provisions
of Section C.2-1.6, obtain, review, and reasonably utilize any BFE data, along with floodway data
or non -encroachment area data available from a Federal, State, or other source, including data
developed pursuant to Section C.2-3.4(13)(2), in order to administer the provisions of this
ordinance.
(L) When Base Flood Elevation (BFE) data is provided but no floodway or non -encroachment area
data has been provided in accordance with the provisions of Section C.2-1.6, obtain, review, and
reasonably utilize any floodway data or non -encroachment area data available from a Federal,
State, or other source in order to administer the provisions of this ordinance.
(M) When the lowest floor- and the lowest adjacent grade of a structure or the lowest ground elevation
of a parcel in a Special Flood Hazard Area is above the Base Flood Elevation (BFE), advise the
property owner of the option to apply for a Letter of Map Amendment (LOMA) from FEMA.
Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file.
(N) Permanently maintain all records that pertain to the administration of this ordinance and make
these records available for public inspection, recognizing that such information may be subject to
the Privacy Act of 1974, as amended.
(0) Make on -site inspections of work in progress. As the work pursuant to a floodplain development
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permit progresses, the Floodplain Administrator shall make as many inspections of the work as
may be necessary to ensure that the work is being done according to the provisions of the local
ordinance and the terms of the permit. in exercising this power, the Floodplain Administrator has
a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of
the community at any reasonable hour for the purposes of inspection or other enforcement action.
(P) Issue stop -work orders as required. Whenever a building or part thereof is being constructed,
reconstructed, altered, or repaired in violation of this ordinance, the Floodplain Administrator may
order the work to be immediately stopped. The stop -work order shall be in writing and directed to
the person doing or in charge of the work. The stop -work order shall state the specific work to be
stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be
resumed. Violation of a stop -work order constitutes a misdemeanor.
(Q) Revoke floodplain development permits as required. The Floodplain Administrator may revoke
and require the return of the floodplain development permit by notifying the permit holder in
writing stating the reason(s) for the revocation. P ermits shall be revoked for any substantial
departure from the approved application, plans, and specifications; for refusal or failure to comply
with the requirements of State or local laws; or for false statements or misrepresentations made in
securing the permit. Any floodplain development permit mistakenly issued in violation of an
applicable State or local law may also be revoked.
(R) Make periodic inspections throughout the Special Flood Hazard Areas within the jurisdiction of
the community. The Floodplain Administrator and each member of his or her Permit &
Enforcement Division shall have a right, upon presentation of proper credentials, to enter on any
premises within the territorial jurisdiction of the department at any reasonable hour for the
purposes of inspection or other enforcement action.
(S) Follow through with corrective procedures of Section C.2-2.6.
(T) Review, provide input, and make recommendations for variance requests.
(U) Maintain a current map repository to include, but not limited to, the FIS Report, FIRM and other
official flood maps and studies adopted in accordance with the provisions of Section C.2-1.6 of
this ordinance, including any revisions thereto including Letters of Map Change, issued by FEMA.
Notify State and FEMA of mapping needs.
(V) Coordinate revisions to FIS reports and FIRMS, including Letters of Map Revision Based on Fill
(LOMR-Fs) and Letters of Map Revision (LOMRs).
2-2.6 CORRECTIVE PROCEDURES
(A) Violations to be Corrected: When the Floodplain Administrator finds violations of applicable
State and local laws, it shall be his or her duty to notify the owner or occupant of the building of
the violation. The owner or occupant shall immediately remedy each of the violations of law cited
in such notification.
(B) Actions in Event of Failure to Take Corrective Action: If the owner of a building or property shall
fail to take prompt corrective action, the Floodplain Administrator shall give the owner written
notice, by certified or registered mail to the owner's last known address or by personal set -vice,
stating:
(1) That the building or property is in violation of the floodplain management regulations;
(2) That a hearing will be held before the Floodplain Administrator at a designated place and
time, not later than ten (10) days after the date of the notice, at which time the owner
shall be entitled to be heard in person or by counsel and to present arguments and
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evidence pertaining to the matter; and
(3) That following the hearing, the Floodplain Administrator may issue an order to alter,
vacate, or demolish the building; or to remove fill as applicable.
(C) Order to Take Corrective Action: If, upon a hearing held pursuant to the notice prescribed above,
the Floodplain Administrator shall find that the building or development is in violation of the
Flood Damage Prevention Ordinance, he or she shall issue an order in writing to the owner,
requiring the owner to remedy the violation within a specified time period, not less than sixty (60)
calendar days, nor more than one -hundred and eighty (180) calendar days. Where the Floodplain
Administrator finds that there is imminent danger to life or other property, he or she may order
that corrective action be taken in such lesser period as may be feasible.
(D) Appeal: Any owner who has received an order to take corrective action may appeal the order to
the local elected governing body by giving notice of appeal in writing to the Floodplain
Administrator and the clerk within ten (10) days following issuance of the final order. In the
absence of an appeal, the order of the Floodplain Administrator shall be final. The local governing
body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke
the order.
(E) Failure to Comply with Order: If the owner of a building or property fails to comply with an order
to take corrective action for which no appeal has been made or fails to comply with an order of the
governing body following an appeal, the owner shall be guilty of a misdemeanor and shall be
punished at the discretion of the court.
2-2.7 VARIANCE PROCEDURES
(A) The Town of Kernersville Zoning Board of Adjustment as established by the Town of
Kernersville Board of Aldermen, hereinafter referred to as the "appeal board", shall hear and
decide requests for variances from the requirements of this ordinance for their respective
jurisdictions.
(B) Any person aggrieved by the decision of the appeal board may appeal such decision to the Court,
as provided in Chapter 7A of the North Carolina General Statutes.
(C) Variances may be issued for:
(1) The repair or rehabilitation of historic structures upon the determination that the proposed
repair or rehabilitation will not preclude the structure's continued designation as a historic
structure and that the variance is the minimum necessary to preserve the historic
character and design of the structure;
(2) Functionally dependent facilities if determined to meet the definition as stated in Section
C.2-1.4 of this ordinance, provided provisions of Sections C.2-2.7(I)(2), (3), and (5) have
been satisfied, and such facilities are protected by methods that minimize flood damages
during the base flood and create no additional threats to public safety; or
(3) Any other type of development, provided it meets the requirements of this Section.
(D) In passing upon variances, the appeal board shall consider- all technical evaluations, all relevant
factors, all standards specified in other sections of this ordinance, and:
(1) The danger that materials may be swept onto other lands to the injury of others;
(2) The danger to life and property due to flooding or erosion damage;
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(3) The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner;
(4) The importance of the services provided by the proposed facility to the community;
(5) The necessity to the facility of a waterfront location as defined under Section C.2-1.4 of
this ordinance as a functionally dependent facility, where applicable;
(6) The availability of alternative locations, not subject to flooding or erosion damage, for
the proposed use;
(7) The compatibility of the proposed use with existing and anticipated development;
(S) The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
(9) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
(11) The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems, and streets and bridges.
(E) A written report addressing each of the above factors shall be submitted with the application for a
variance.
(F) Upon consideration of the factors listed above and the purposes of this ordinance, the appeal board
may attach such conditions to the granting of variances as it deems necessary to further the
purposes and objectives of this ordinance.
(G) Any applicant to whom a variance is granted shall be given written notice specifying the
difference between the Base Flood Elevation (BEE) and the elevation to which the structure is to
be built and that such construction below the BFE increases risks to life and property, and that the
issuance of a variance to construct a structure below the BEE will result in increased premium
rates for flood insurance up to $25 per $100 of insurance coverage. Such notification shall be
maintained witli a record of all variance actions, including justification for their issuance.
(H) The Floodplain Administrator shall maintain the records of all appeal actions and report any
variances to the Federal Emergency Management Agency and the State of North Carolina upon
request.
(1) Conditions for Variances:
(1)
(2)
(3)
Variances shall not be issued when the variance will make the structure in violation of
other Federal, State, or local laws, regulations, or ordinances.
Variances shall not be issued within any designated floodway or non -encroachment area
if the variance would result in any increase in flood levels during the base flood
discharge.
Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
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(4) Variances shall only be issued prior to development permit approval.
(5) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional
hardship; and
(c) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense,
create nuisance, cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances.
(J) A variance may be issued for solid waste disposal facilities or sites, salvage yards, and chemical
storage facilities that are located in Special Flood Hazard Areas provided that all of the following
conditions are met.
(1) The use serves a critical need in the community.
(2) No feasible location exists for the use outside the Special Flood Hazard Area.
(3) The reference level of any structure is elevated or floodproofed to at least the Regulatory
Flood Protection Elevation.
(4) The use complies with all other applicable Federal, State and local laws.
(5) Town of Kernersville has notified the Secretary of the North Carolina Department of
Crime Control and Public Safety of its intention to grant a variance at least thirty (30)
calendar days prior to granting the variance.
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2-3 STANDARDS FOR FLOOD DAMAGE REDUCTION
2-3.1 GENERAL STANDARDS
In all Special Flood Hazard Areas the following provisions are required:
(A) All new construction and substantial improvements shall be designed (or modified) and
adequately anchored to prevent flotation, collapse, and lateral movement of the structure.
(B) All new construction and substantial improvements shall be constructed with materials and utility
equipment resistant to flood damage.
(C) All new construction and substantial improvements shall be constructed by methods and practices
that minimize flood damages.
(D) 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 to the Regulatory Flood Protection Elevation. These
include, but are not limited to, HVAC equipment, water softener units, bath/kitchen fixtures,
ductwork, electric/gas meter panels/boxes, utility/cable boxes, hot water heaters, and electric
outlets/switches.
(E) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the system.
(F) 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 flood waters.
(G) On -site waste disposal systems shall be located and constructed to avoid impairment to them or
contamination from them during flooding.
(H) Any alteration, repair, reconstruction, or improvements to a structure, which is in compliance with
the provisions of this ordinance, shall meet the requirements of new construction as contained in
this ordinance.
(I) Nothing in this ordinance shall prevent the repair, reconstruction, or replacement of a building or
structure existing on the effective date of this ordinance and located totally or partially within the
floodway, non -encroachment area, or stream setback, provided there is no additional
encroachment below the Regulatory Flood Protection Elevation in the floodway, non -
encroachment area, or stream setback, and provided that such repair, reconstruction, or
replacement meets all of the other requirements of this ordinance.
(.I) New solid waste disposal facilities and sites, salvage yards, and chemical storage facilities shall
not be permitted, except by variance as specified in Section C2-2.7(J). A structure or tank for
chemical or fuel storage incidental to an allowed use or to the operation of a water treatment plant
or wastewater treatment facility may be located in a S pecial Flood Hazard Area only if the
structure or tank is either elevated or floodproofed to at least the Regulatory Flood Protection
Elevation and certified in accordance with the provisions of Section C.2-2.4.
(K) All subdivision proposals and other development proposals shall be consistent with the need to
minimize flood damage.
(L) All subdivision proposals and other development proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and constructed to minimize flood
damage.
(M) All subdivision proposals and other development proposals shall have adequate drainage provided
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to reduce exposure to flood hazards.
(N) All subdivision proposals and other development proposals shall have received all necessary
permits from those governmental agencies for which approval is required by Federal or State law,
including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.
1334.
(0) When a structure is partially located in a Special Flood Hazard Area, the entire structure shall
meet the requirements for new construction and substantial improvements.
(P) When a structure is located in multiple flood hazard zones or in a flood hazard risk zone with
multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and
the highest Base Flood Elevation (BEE) shall apply.
2-3.2 SPECIFIC STANDARDS
In all Special Flood Hazard Areas where Base Flood Elevation (BEE) data has been provided, as set forth
in Section C.2-1.6 or Section C.2-3.4, the following provisions, in addition to the provisions of Section C.2-
11, are required:
(A) 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.
(B) Residential Construction
New construction and substantial improvement of any residential structure (including
manufactured homes) shall have the reference level, including basement, elevated no lower than
the Regulatory Flood Protection Elevation, as defined in Section C.2-1.4 of this ordinance.
(C) Non -Residential Construction
New construction and substantial improvement of any commercial, industrial, or other non-
residential structure shall have the reference level, including basement, elevated no lower than the
Regulatory Flood Protection Elevation, as defined in Section C.2-1.4 of this ordinance. Structures
located in A, AE, AO, and Al-30 Zones may be floodproofed to the Regulatory Flood Protection
Elevation in lieu of elevation provided that all areas of the structure, together with attendant utility
and sanitary facilities, below the Regulatory Flood Protection 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. For AO
Zones, the floodproofing elevation shall be in accordance with Section C.2-3.7(B). A registered
professional engineer or architect shall certify that the floodproofing standards of this subsection
are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in
Section C.2-2.4, along with the operational plan and the inspection and maintenance plan.
(D) Manufactured Homes
(1) New and replacement manufactured homes shall be elevated so that the reference level of
the manufactured home is no lower than the Regulatory Flood Protection Elevation, as
defined in Section C.2-1.4 of this ordinance.
(2) Manufactured homes shall be securely anchored to an adequately anchored foundation to
resist flotation, collapse, and lateral movement, either by certified engineered foundation
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system, or in accordance with the most current edition of the State of North Carolina
Regulations for Manufactured Homes adopted by the Commissioner of Insurance
pursuant to NCGS 143-143.15. Additionally, when the elevation would be met by an
elevation of the chassis thirty-six (36) inches or less above the grade at the site, the
chassis shall be supported by reinforced piers or engineered foundation. W hen the
elevation of the chassis is above thirty-six (36) inches in height, an engineering
certification is required.
(3) All enclosures or skirting below the lowest floor shall meet the requirements of Section
C.2-3.2(E).
(4) An evacuation plan must be developed for evacuation of all residents of all new,
substantially improved or substantially damaged manufactured home parks or
subdivisions located within flood prone areas. This plan shall be tiled with and approved
by the Floodplain Administrator and the local Emergency Management Coordinator.
(E) Elevated Buildings
Fully enclosed area, of new construction and substantially improved structures, which is below the
lowest floor:
(1) Shall not be designed or used for human habitation, but shall only be used for parking of
vehicles, building access, or limited storage of maintenance equipment used in
connection with the premises. Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage door) or limited storage of
maintenance equipment (standard exterior door), or entry to the living area (stairway or
elevator). The interior portion of such enclosed area shall not be finished or partitioned
into separate rooms, except to enclose storage areas;
(2) Shall be constructed entirely of flood resistant materials at least to the Regulatory Flood
Protection Elevation; and
(3) Shall include, in Zones A, AO, AE, and Al 30, flood openings to automatically equalize
hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To
meet this requirement, the openings must either be certified by a professional engineer or
architect or meet or exceed the following minimum design criteria:
(a) A minimum of two flood openings on different sides of each enclosed area
subject to flooding;
(b) The total net area of all flood openings must be at least one (1) square inch for
each square foot of enclosed area subject to flooding;
(c) If a building has more than one enclosed area, each enclosed area must have
flood openings to allow floodwaters to automatically enter and exit;
(d) The bottom of all required flood openings shall be no higher than one (1) foot
above the adjacent grade;
(e) Flood openings may be equipped with screens, louvers, or other coverings or
devices, provided they permit the automatic flow of floodwaters in both
directions; and
(f) Enclosures made of flexible skirting are not considered enclosures for regulatory
purposes, and, therefore, do not require flood openings. M asonry or wood
underpinning, regardless of structural status, is considered an enclosure and
requires flood openings as outlined above.
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(F) Additions/Improvements
(1) Additions and/or improvements to pre -FIRM structures when the addition and/or
improvements in combination with any interior modifications to the existing structure
are:
(a) Not a substantial improvement, the addition and/or improvements must be
designed to minimize flood damages and must not be any more non -conforming
than the existing structure.
(b) A substantial improvement, both the existing structure and the addition and/or
improvements must comply with the standards for new construction.
(2) Additions to post -FIRM structures with no modifications to the existing structure other
than a standard door in the common wall shall require only the addition to comply with
the standards for new construction.
(3) Additions and/or improvements to post -FIRM structures when the addition and/or
improvements in combination with any interior modifications to the existing structure
are:
(a) Not a substantial improvement, the addition and/or improvements only must
comply with the standards for new construction.
(b) A substantial improvement, both the existing structure and the addition and/or
improvements must comply with the standards for new construction.
(G) Recreational Vehicles
Recreational vehicles shall either:
(1) Be on site for fewer than 180 consecutive days and be fully licensed and ready for
highway use (a recreational vehicle is ready for highway use if it is on its wheels or
jacking system, is attached to the site only by quick disconnect type utilities, and has no
permanently attached additions); or
(2) Meet all the requirements for new construction.
(H) Temporary Non -Residential Structures
Prior to the issuance of a floodplain development permit for atemporary structure, the applicant
must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the
event of a hurricane, flash flood or other type of flood warning notification. The following
information shall be submitted in writing to the Floodplain Administrator for review and written
approval:
(1) A specified time period for which the temporary use will be permitted. Time specified
may not exceed three (3) months, renewable up to one (1) year;
(2) The name, address, and phone number of the individual responsible for the removal of
the temporary structure;
(3) The time frame prior to the event at which a structure will be removed (i.e., minimum of
72 hours before landfall of a hurricane or immediately upon flood warning notification);
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(4) A copy of the contract or other suitable instrument with the entity responsible for
physical removal of the structure; and
(5) Designation, accompanied by documentation, of a location outside the Special Flood
Hazard Area, to which the temporary structure will be moved.
(I) Accessory Structures
When accessory structures (sheds, detached garages, etc.) are to be placed within a Special Flood
Hazard Area, the following criteria shall be met:
(1) Accessory structures shall not be used for human habitation (including working, sleeping,
living, cooking or restroom areas);
(2) Accessory structures shall not be temperature -controlled;
(3) Accessory structures shall be designed to have low flood damage potential;
(4) Accessory structures shall be constructed and placed on the building site so as to offer the
minimum resistance to the flow of floodwaters;
(5) Accessory structures shall be firmly anchored in accordance with the provisions of
Section C.2-3.1(C);
(6) All service facilities such as electrical shall be installed in accordance with the provisions
of Section C.2-3.1(D); and
(7) Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be
provided below Regulatory Flood Protection Elevation in conformance with the
provisions of Section C.2-3.2(E)(3).
An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined
above does not require an elevation or floodproofing certificate. Elevation or floodproofing
certifications are required for all other accessory structures in accordance with Section C.2-2.4.
2-3.3 RESERVED
2-3.4 STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS
Within are Special Flood Hazard Areas designated as Approximate Zone A and established in Section C.2-
1.6, where no Base Flood Elevation (BFE) data has been provided by FEMA, the following provisions, in
addition to the provisions of Section C.2-3.1, shall apply:
(A) No encroachments, including fill, new construction, substantial improvements or new
development shall be permitted within a distance of twenty (20) feet each side from top of bank or
five times the width of the stream, whichever is greater, unless certification with supporting
technical data by a r egistered professional engineer is provided demonstrating that such
encroachments shall not result in any increase in flood levels during the occurrence of the base
flood discharge.
(B) The BFE used in determining the Regulatory Flood Protection Elevation shall be determined
based on the following criteria:
(1) When Base Flood Elevation (BFE) data is available from other sources, all new
construction and substantial improvements within such areas shall also comply with all
applicable provisions of this ordinance and shall be elevated or floodproofed in
accordance with standards in Sections C.2-3.1 and C.2-3.2.
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(2) When floodway or non -encroachment data is available from aFederal, State, or other
source, all new construction and substantial improvements within floodway and non -
encroachment areas shall also comply with the requirements of Sections C.2-3.2 and C.2-
3.6.
(3) All subdivision, manufactured home park and other development proposals shall provide
Base Flood Elevation (BEE) data if development is greater than five (5) acres or has more
than fifty (50) lots/manufactured home sites. Such Base Flood Elevation (BEE) data shall
be adopted by reference in accordance with Section C.2-1.6 and utilized in implementing
this ordinance.
(4) When Base Flood Elevation (BEE) data is not available from a Federal, State, or other
source as outlined above, the reference level shall be elevated or floodproofed
(nonresidential) to or above the Regulatory Flood Protection Elevation, as defined in
Section C.2-1.4. All other applicable provisions of Section C.2-3.2 shall also apply.
2-3.5 STANDARDS FOR RIVERINE FLOODPLAINS WITH BASE FLOOD ELEVATIONS BUT
WITHOUT ESTABLISHED FLOODWAYS OR NON -ENCROACHMENT AREAS
Along rivers and streams where Base Flood Elevation (BFE) data is provided by FEMA or is available
from another source but neither floodway nor non -encroachment areas are identified for a Special Flood
Hazard Area on the FIRM or in the FIS report, the following requirements shall apply to all development
within such areas:
(A) Standards of Sections C.2-3.1 and C.2-3.2; and
(B) Until a regulatory floodway or non -encroachment area is designated, no encroachments, including
fill, new construction, substantial improvements, or other development, shall be permitted unless
certification with supporting technical data by a registered professional engineer is provided
demonstrating that the cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the water surface elevation of the
base flood more than one-half (5) foot at any point within the community.
2-3.6 FLOODWAYS AND NON -ENCROACHMENT AREAS
Areas designated as floodways or non -encroachment areas are located within the Special Flood Hazard
Areas established in Section C.2-1.6. The floodways and non -encroachment areas are extremely hazardous
areas due to the velocity of floodwaters that have erosion potential and carry debris and potential
projectiles. The following provisions, in addition to standards outlined in Sections C.2-3.1 and C.2-3.2,
shall apply to all development within such areas:
(A) No encroachments, including fill, new construction, substantial improvements and other
developments shall be permitted unless:
(1) it is demonstrated that the proposed encroachment would not result in any increase in the
flood levels during the occurrence of the base flood, based on hydrologic and hydraulic
analyses performed in accordance with standard engineering practice and presented to the
Floodplain Administrator prior to issuance of floodplain development permit, or
(2) A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter
of Map Revision (LOMR) must also be obtained upon completion of the proposed
encroaclmient.
(B) If Section C.2-3.6(A) is satisfied, all development shall comply with all applicable flood hazard
reduction provisions of this ordinance.
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(C) No manufactured homes shall be permitted, except replacement manufactured homes in an
existing manufactured home park or subdivision, provided the following provisions are met:
(1) The anchoring and the elevation standards of Section C.2-3.2(D); and
(2) The no encroachment standard of Section C.2-3.6(A).
2-3.7 STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AO)
Located within the Special Flood Hazard Areas established in Section C.2-1.6, are areas designated as
shallow flooding areas. These areas have special flood hazards associated with base flood depths of one (1)
to three (3) feet where a clearly defined channel does not exist and where the path of flooding is
unpredictable and indeterminate. In addition to Sections C.2-3.1 and C.2-3.2, all new construction and
substantial improvements shall meet the following requirements:
(A) The reference level shall be elevated at least as high as the depth number specified on the Flood
Insurance Rate Map (FIRM), in feet, plus a freeboard of four (4) feet, above the highest adjacent
grade; or at least four (4) feet above the highest adjacent grade if no depth number is specified.
(B) Non-residential structures may, in lieu of elevation, be floodproofed to the same level as required
in Section C.2-3.7(A) so that the structure, together with attendant utility and sanitary facilities,
below that level shall be 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. Certification is required in accordance with Section C.2-2.4 and
Section C.2-3.2(C).
(C) Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters
around and away from proposed structures.
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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 ofthis 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 Kemersville, 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 ofKernersville, North
Carolina, herein after referred to as Watershed Map, which is ado pted 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 Community
Development Department, 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. N o subdivision of land shall be a pproved 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 in anufactured home on a lot which was a l of 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, im pair, 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 th e application of such provision to any other property or structure not spe cifically
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 lim itations 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 plural,
and words of one gender include the other, as may be applicable. The word shall is mandatory, not directory.
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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 Kemersville 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 area" means impervious surface and partially impervious surface to
the extent that the partially impervious surface does not allow water to infiltrate through the surface and
into the subsoil. 'Built -upon area" does not include a slatted deck; the water area of a swimming pool;
a surface of number 57 stone, as designated by the American Society for Testing and Materials, laid
at least four inches thick over a geotextile fabric; or a trail as defined in G.S. 113A-85 that is either
unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001
centimeters per second (1.41 inches per hour)."
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
Kemersville guaranteeing that th e storm water co ntrol 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.
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CUSTOMARY HOME OCCUPATIONS. Any use conducted entirely within a dwelling and canned on
by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for
residential purposes and does not change the character thereof. Home occupations shall meet all standards
unposed by the Zoning Ordinance, Section 2-6.4(D).
DEVELOPMENT. Any land disturbing activity which adds to or changes the amount of impervious or
partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into
the soil.
DISCHARGING LANDFILL. A facility with liners, monitoring equipment and other measures to detect
and/or prevent leachate from enteri ng the environment and in which the leachate is treated on site and
discharged to a receiving stream.
DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities for
one family.
ENGINEER. A person licensed to practice engineering in the State of North Carolina.
EXCEPTION, MINOR. Permission to use p roperty granted by the Watershed Review Committee,
involving the relaxation of a watershed management requirement by a factor of less than ten percent (10%).
EXCEPTION, MAJOR. Permission to develop or use property reviewed by the Watershed Review
Committee, after approval by the North Carolina Environmental Management Commission that results in
any one or more of the following:
(A) The complete waiver of a management requirement;
(B) The relaxation, by a factor of more than ten percent (10%), of any management requirement
expressed in the form of a numerical standard; or,
(C) The relaxation of any management requirement that applies to a development proposal intended to
qualify under the high density option.
EXISTING DEVELOPMENT.
(A) Those projects that, as of July 1, 1993, have been built or for which there has been obtained
preliminary approval for residentially developed subdivisions, or those projects that have been
established as having a vested right under North Carolina zoning law as of the effective date of this
Ordinance based on at least one of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance
upon having received a valid local government approval to proceed with the project;
(2) Having an outstanding valid building permit as authorized by the General Statutes (160A-
385.1); or,
(3) Having expended substantial resources (time, labor, money) and having an approved
preliminary plat, site specific or phased development plan as authorized by the General
Statutes (153A-344.1 and 160A-385.1).
(B) Should any property owner, agent, or anyone or entity acting on behalf of a property owner, destroy,
remove, alter, or otherwise modify evidence of an "existing development" prior to an on -site
inspection, and written acknowledgment, by the Watershed Administrator, said property, or portion
thereof, so destroyed, removed, altered or otherwise modified, shall be excluded from consideration
as an "existing development" by the Watershed Administrator.
EXISTING LOT (LOT OF RECORD). A lot which is part of a subdivision, a plat of which has been
recorded in the Office of the Register of Deeds prior to the adoption of this Ordinance, or a lot described by
metes and bounds, the description of which has been so recorded prior to the adoption of this Ordinance.
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FAMILY. One or more persons occupying a single dwelling unit, related by blood, marriage or adoption,
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 th e issuance of a certificate of o ccupancy by the To wn of Kern ersville Perm it & En forcement
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.
GEOTEXTILE FABRIC. Geotextile fabric means apenncable geosynthetic comprised solely of non -
biodegradable textiles.
HAZARDOUS MATERIAL. Any substance listed as such in SARA Section 302, Extremely Hazardous
Substances, CERCLA Hazardous Substances, or Section 31 1 ofCWA (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
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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.
PERENNIAL WATERS. 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.
PERFORMANCE BOND. A guarantee against loss or damage from one's failure to perform, and a tangible
guarantee of performance or the fulfillment of an obligation. The following must be included in any
Performance Bond accepted by the Town of Kernersville and considered as such within this ordinance.
(A) Entity issuing the Performance Surety must be licensed to do business in the State of North Carolina
and state its preferred correspondence address within the Performance Surety.
(B) The Performance Surety must be issued in favor of the Town of Kernersville (obligee) for a specified
amount.
(C) The Performance Surety shall clearly indicate the obligation within the document
(D) The Performance Surety shall clearly indicate principal's full intent to perform.
(E) The Performance Surety shall state the surety shall stay in full force and effect until obligee notifies
principal that all obligations statedwithin the Performance Surety have been satisfied in their
entirety.
PERFORMANCE SURETY. A guarantee against loss or damage from one's failure to perform and a
physical or financial guarantee for the fulfillment of an obligation. Performance Sureties may be in the form
of Standby Letters of Credit, Performance Bonds, and Cash.
PLAT. A map or plan of a parcel of land which is to be, or has been subdivided
PROTECTED AREA. The area adjoining and upstream of the critical area in a WS-IV water supply in
which protection measures are required. The boundaries of the protected areas extend five (5) miles upstream
and draining to water supply reservoirs (measured from the normal pool and draining to the intake located
directly in the stream or river (run of the river), or to the ridge line of the watershed (whichever comes first).
RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached single-family
dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their associated outbuildings
such as garages, storage buildings, gazebos, etc. and customaty home occupations.
RIPARIAN AREA. Riparian area means an area that is adjacent to a body of water
SINGLE FAMILY RESIDENTIAL. Any development where:
(A) No building contains more than one dwelling unit;
(B) Every dwelling unit is on a separate lot; and,
(C) Where no lot contains more than one dwelling unit.
SITE PLAN, WATERSHED. Plans of a development proposal, prepared to scale which detail all proposed
development, impervious areas, and other site features and which comply with all development regulations
and specifications established by the Watershed Ordinance of the Town of Kernersville.
SPECIAL INTENSIVE DEVELOPMENT ALLOCATION (SIDA). Nonresidential uses and residential
uses within the Central Kernersville Overlay, excluding the areas south of Tanyard Lane along South Cherry
Street and South Main Street ; area along Oakhurst Street; area along Salisbury Street; the area west of
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Oakland Street along West Mountain, of land permitted by the Board of Aldermen which have more
impervious area than the Ordinance otherwise allows. Not more than ten percent (10%) of the WS-III
watershed area, within the Town of Kernersville planning jurisdiction and outside the critical area may be
permitted for development with a maximum of seventy percent (70%) built -upon area, as set forth in Section
3-4.2 of this Ordinance.
STANDBY LETTER OF CREDIT (SBLC). An irrevocable obligation to the beneficiary indicating
payment to the beneficiary in the event of default by the account parry and/or failure to perform an obligation.
The following must be included in any SBLC accepted by the Town of Kernersville to be considered as such
within this ordinance.
(A) Entity issuing the SBLC must be licensed to do business in the State of North Carolina and state its
preferred correspondence address within the SBLC.
(B) The SBLC must be issued in favor of the Town of Kernersville (beneficiary) for a specified amount
and state the customer (account parry).
(C) The SBLC must clearly state it is an irrevocable Standby Letter of Credit.
(D) The SBLC shall clearly indicate the obligation within the SBLC is for the payment of money in lieu
of performance.
(E) The SBLC must state the beneficiary has the right to draw on the SBLC from time to time upon
written demand by the beneficiary indicating account parties failure to meet their obligations.
(F) The SBLC shall state draws will be processed within a reasonable time period once beneficiary
demands a draw.
(G) The SBLC shall state the original amount may be reduced from time to time only upon written notice
by the beneficiary to do so.
(H) The SBLC shall state the obligation shall be in full effect up to 5:00 pm on the date of expiration as
indicated within the SBLC and if said date falls on a holiday, weekend, or other day in which the
beneficiary or issuer are closed for business, the expiration day shall be the following day that both
beneficiary and issuer are open for business.
(T) The SBLC shall state the SBLC shall be automatically extended, without any formal amendment or
notice to the effect, from year to year, for successive periods of one (1) year each from the present
or any future expiration date hereof, unless the issuer notifies the beneficiary 60-days prior to such
expiration date in writing, via certified mail, return receipt requested that issuer has elected not to
renew the SBLC and beneficiary has until 5:00 pm on or before the expiration date to draw the full
amount hereunder.
STREET (ROAD). A righ t-of-way for vehicular traffic which affords the principal means of access to
abutting properties.
STRUCTURE. Anything constructed or erected, located above grade, which requires location on the land
or attachment to something having permanent location on the land, as defined by Chapter A, Article IT of the
Unified Development Ordinances.
SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a
subdivision as herein defined.
SUBDIVISION. All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other
divisions for the purpose of sale or building development (whether immediate or future) and shall include all
division of land involving the dedication of a new street or a change in existing streets; provided however,
Unified Development Ordinance 379 Chapter C Article III

that the following shall not be included within this definition nor be subject to the regulations authorized by
this Ordinance:
(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 proxim ity
to or citing wi thin surface waters to fulfill its basic pu rpose, such as boat ramps, boat house s, 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 th e
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 th e Watershed Administrator, Public Services Director, Engineer Division Manager,
Community Development Director, Stonnwater Division Manager and other representatives as may be
deemed appropriate by the Board of Aldermen and the Town Manager.
WET DETENTION PONDS. A storni 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
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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 tine 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 nature
of a debt. No civil penalty shall be assessed until the person, firm, or corporation alleged to be in
violation has been notified of the violation by the Watershed Administrator. Failure to correct the
violation within thirty (30) days of the date of service of the notice, or the end of any extension
period allowed, will result in the assessment of a civil penalty or the enforcement action. For good
cause shown, the Watershed Administrator may extend the correction period. Each day of violation,
and any continuing violation, shall constitute a separate offense.
(B) In addition to other remedies provided by this Ordinance and by law, the Town of Kernersville
may institute injunction, maintenance, abatement, or any other appropriate action or actions or
proceedings to prevent, enjoin, abate, or remove any unlawful erection, construction, reconstruction,
alternation, maintenance or use.
(C) In addition to other remedies provided by this Ordinance, the North Carolina Environmental
Management Commission shall have all power and authority to enforce this Ordinance as provided
for under North Carolina General Statute 143-215.6(a).
3-1.17 EFFECTIVE DATE
The effective date of this Ordinance is July 1, 1993 and the same shall take and be in full force and effect
thereon and thereafter.
Unified Development Ordinance 381 Chapter C Article III

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 asset fo rth 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 Kernersvil le Community Development Department
in accordance with the Subdivision Ordinance of the Town of Kernersville. The application shall
include a c ompleted 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 eith er
approve, approve conditionally, or disapprove the application by a majority vote of the members
present and voting. Th e committee shall take final action within sixty (6 0) 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.
Unified Development Ordinance 382 Chapter C Article III

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 Si gnature, Watershed Administrator
NOTICE: THIS PROPERTY IS LOCATED WITHIN A PUBLIC WATER SUPPLY
WATERSHED - DEVELOPMENT RESTRICTIONS MAY APPLY.
(E) The Planning Boa rd 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 Dee ds of
the County within which such property is situated.
(H) The applicant shall, within five (5) working days after recordation, provide the Kernersville
Community Development Department 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.
(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 im provements shall commence in a pro posed subdivision until a
preliminary subdivision plat has been approved under the provisions of the Subdivision Ordinance of the
Town of Kernersville.
Unified Development Ordinance 383 Chapter C Article III

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.
Unified Development Ordinance 384 Chapter C Article III

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
Community Development Department. 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 2B .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 213 .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
to protect water quality;
Unified Development Ordinance 385 Chapter C Article III

(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, conf iguration 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 co nditions specified in Section 3-3.2(C)(2)(e) of th is
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 in can high water- line. Ad ditional
requirements forutility construction and maintenance corridors are listed
in Section 3-3.2(C)(2)(f) of this Ordinance;
M 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 bo ardwalks, trails, p athways, 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 Gu idelines 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.
(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
Unified Development Ordinance 386 Chapter C Article III

on all sides of the waterbody, measured horizontally on a 1 me
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, wh ere 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 har vested
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
individual trees;
[D] Removal of individual trees which are in danger of causing
damage to dwel Iings, other structures or the stream channel;
[E] Removal of dead trees an d other timber cutting techniques
necessary to preve nt extensive pest or d isease 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 a nd 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 asp rovided in Section 3-
3.2(C)(2)(d), (2)(e) and (2)(f) of this Ordinance;
[C] New on -site sanitary sewage systems which use ground
adsorption;
Unified Development Ordinance 387 Chapter C Article III

[D] The application of fertilizer; and
[E] Any activity that threatens the health and function of the
vegetation including, but not limited to, a pplication of
chemicals in am ounts exceeding the in anufacturer'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 I 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 al lowed 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.
(iii) 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, a pplication of
chemicals in am ounts exceeding the in anufacturer'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 in anner to
prevent the creation of ephemeral channels perpendicular to the water
body. Any tree removal must be perfonned in a maimer that does not
compromise the i ntended purpose of the riparian area and i s 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.
(i) Sheet flow must be maintained to the maximum extent practical
through dispersing concentrated flow and re-establishment of
Unified Development Ordinance 388 Chapter C Article III

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 landowne r if necessary to im pede the form ation of
erosion gullies which allow co ncentrated 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 waterb ody 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, e rodible 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 on e 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 set out 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 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 cu mulative 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:
(a) Zone I of the protected riparian area shall average 30-feet in width on all sides of
the water body. Those areas where Zone I 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
Unified Development Ordinance 389 Chapter C Article III

the waterbody and perpendicular to the waterbody.
(b) Zone 2 shall begin at the outer edge of Zone Iwhere 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 s hall 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 im practical or it is d eemed 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.
(B) For purposes of calculating the built -upon areas, no area shall be included in the area required for
more than one building, nor shall any noncontiguous areas be included in the calculations.
(C) No residential structure shall hereafter be erected, moved, or structurally altered unless the same
Unified Development Ordinance 390 Chapter C Article III

shall be located upon a lot which conforms to the regulations herein specified.
3-3.5 EXISTING DEVELOPMENT
Existing development, as defined in this Ordinance, may be continued and maintained subject to the
provisions provided herein. Expansions to structures classified as existing development must meet the
requirements of this Ordinance; however, the impervious area of existing development shall not be included
in the impervious calculations.
(A) Single Family Vacant Residential Lots. Vacant residential lots of record for which plats or deeds
have been recorded in the Office of the Register of Deeds. Lots maybe used for any permitted uses
in the watershed area in which it is to cated, subject to the following: Where the lot area of a
residential single family lot of record does no t meet the minimum lot size sp ecifled by this
Ordinance, the Watershed Administrator nevertheless shall issue a watershed permit. This
exemption is not applicable to multiple lots under single ownership.
(B) Any single family residence existing at the time this Ordinance was adopted which has been
damaged or destroyed may be repaired, reconstructed, or enlarged.
(C) Residential construction, other than single-family residential, existing at the time this Ordinance
was adopted which has been damaged or destroyed may be repaired, reconstructed, re -designed, or -
enlarged in accordance with the provisions of this Ordinance.
(D) Preexisting nonresidential buildings, for which reconstruction is desired. Existing buildings may
be repaired and/or reconstructed, or re designed, provided the total amou nt of space devoted to
impervious area shall not be increased unless in conformity with this Ordinance.
3-3.6 WATERSHED PERMIT
(A) Permit Required. Except for a single family residence constructed on a lot deeded or platted prior
to the effective date of this Ordinance or on a lot approved in conformance with this Ordinance, no
building or built -upon area shall be erected or expanded, nor shall any building or zoning permit be
issued, until a watershed protection permit has been issued by the Watershed Administrator. No
watershed protection permit shall be issued except in conformity with the provisions of this
Ordinance.
(B) Watershed permit applications shall be filed with the Watershed Administrator. The application
shall include a completed application form and any additional information as required by the
Watershed Administrator.
(C) Prior to issuance of a watershed permit, the Watershed Administrator may consult with the
Watershed Review Committee or other qualified personnel for assistance to determine if the
application meets the requirements of this Ordinance.
(D) A watershed permit shall expire twelve (12) months from the date of issuance unless prior thereto
a building permit or final inspection is obtained by the applicant.
3-3.7 BUILDING PERMIT REQUIRED
Except for a single family residence constructed on a lot deeded or platted prior to the effective date of this
Ordinance or on a lot approved in conformance with this Ordinance, no permit required under the North
Carolina State Building Code shall be issued for any activity for which aatershed protection permit is
required until the latter permit has been issued.
3-3.8 FINAL WATERSHED INSPECTION
(A) Except for a single family residence constructed on a lot deeded or platted prior to the effective
date of this Ordinance or on a 1 of approved in conformance with this Ordinance, but prior to
Unified Development Ordinance 391 Chapter C Article III

occupancy or use of any erected, altered, or moved structure, the Watershed Administrator shall
have first made a final inspection and certify that all requirements of this Ordinance have been met.
(B) Before expanding any impervious area of an existing project, the Watershed Administrator shall
first issue a watershed permit certifying that all requirements of this Ordinance have been met.
(C) If any watershed permit is denied, the Watershed Administrator shall notify the applicant in
writing stating the reasons for denial.
3-3.9 SPECIAL INTENSIVE DEVELOPMENT ALLOCATION (SIDA)
(A) The Board of Aldermen, upon recommendation by the Watershed Review Committee, may grant
Special Intensive Development Allocation (SIDA), which permit the development, on a project by
project basis, of ten percent (10%) of the WS-TTT watershed land area (outside the critical area)
within the Kernersville Planning jurisdiction up to a maximum of seventy (70%) impervious
coverage.
(B) Applicants who request SIDA's must submit applications which utilize engineered storm water
controls to control runoff from the first inch of rainfall, minimize impervious area, direct storm
water to detention ponds, and meet other- performance criteria as established by Section 3-3.9 of this
Ordinance.
(C) Upon receipt of a SIDA request by an applicant, the Watershed Administrator shall request
review of the proposal by the Watershed Review Committee as established by Section 3-7.2 of this
Ordinance. Upon recommendation by the Watershed Review Committee, the Board of Aldermen
shall approve or deny the request. If the request is denied, the applicant may redesign and resubmit
the request.
(D) The Watershed Review Committee shall use the following performance criteria to ev aluate
requests for SIDA's. Projects must have a point score of at least two hundred (200) to qualify for a
SIDA. A public building qualifies for SIDA consideration.
Unified Development Ordinance 392 Chapter C Article III

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
$10.000,000 or more
100
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 1 Acre
50
Special Use Zoning .Application
50
(excluding Special Use District - TWO PHASE)
Dedication of Public Right-of-Wav 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
STDA 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 SMA approval shall expire after three (3) years unless construction of the pond has begun.
Unified Development Ordinance 393 Chapter C Article III

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-111-BW Balance of Watershed
WS-TV-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 them aximum allowed
impervious area to be developed on each lot.
(c) Each site p Ian submitted for a b uilding 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 in aximum 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 them aximum allowed
impervious area to be developed on each lot.
(c) Each site p Ian submitted for a building permit shall include an existing and
proposed pervious and impervious calculation certified by an archi tect, land
planner, landscape architect, engineer or surveyor who prepared the site plan
along with his/her registration seal.
(C) WS-IV WATERSHED AREAS B BALANCE OF WATERSHED (WS-IV-BW)
Unified Development Ordinance 394 Chapter C Article III

(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 1 ow 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 them aximum allowed
impervious area to be developed on each lot.
(c) Each site p ]an submitted for a building permit shall include an existing and
proposed pervious and impervious calculation certified by an archi tect, 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 shal l 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 b e 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 Permit & Enforcement 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 atthe 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.
(2) The applicant shall not sell, convey, nor otherwise transfer ownership interest of
property without first disclosing the continuous obligation of all subsequent property
Unified Development Ordinance 395 Chapter C Article III

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 un der 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 sea] this day of
A.D., 20
Surveyor, Engineer or Landscape Architect
NOTICE: THIS PROPERTY IS LOCATED IN A WATERSHED _ P UBLTC 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.
Unified Development Ordinance 396 Chapter C Article III

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 thewatershed area maybe 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-TV WATERSHED AREAS - BALANCE OF WATERSHED (WS-TV-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 densitywater shed 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 Permit & Enforcement 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.
Unified Development Ordinance 397 Chapter C Article III

(1) Homeowner's Associations or Property Owner's Associations responsible for permanent
storm water control structure maintenance and ownership shall be incorporated in
compliance with applicable North Carolina General Statutes; Associations shall not have
expiration dates but shall be perpetual.
(2) The following terms and conditions shall be included in the (Homeowner's/Property
Owner's) Association Covenants, Conditions and Restrictions and Articles of
Incorporation which Associations are required to have storm water control structure(s) by
the Town of Kernersville Watershed Protection Ordinance.
(a) The (Homeowner's/Property Owner's) Association is responsible for maintaining
the completed permanent storm water treatment structure(s) as directed by the
Watershed Administrator for th e Town of Kernersville. If the
(Homeowner's/Propertv Owner's) should be dissolved, or cease to exist, then in
that event all the owners of record at the time of required maintenance shall be
jointly and severally liable for any and all costs attendant thereto.
(b) Amendments to the (Homeowner's/Property Owner's) Association Covenants,
Conditions and Restrictions or Articles of In corporation relating to the
maintenance and ownership of the permanent storm water treatment structure(s)
shall not be permitted without review and approval of the Town of Kernersville
Watershed Review Committee.
(3) The following notes are required on plat(s) recorded for (Homeowner's/Property Owner's)
Association which Associations are required to have storm water control structure(s) by
the Town of Kernersville's Watershed Control Ordinance.
(a) The owners of property shown on this recorded plat shall be subject to the terms
and conditions of the (Homeowner's/Property Owner's) Association Covenants,
Conditions and Restrictions or Articles of Incorporation which are recorded at
Deed Book ( ), Page ( ) in the offices of the Forsyth County Register
of Deeds.
(b) Should the (name of t he association) (Homeowner's) (Property Owner's)
Association cease to exist, or fail to provide adequate maintenance of t he
Association' permanent storm water control structure, or be dissolved, the owners
of property shown on this plat are jointly and severally responsible for
maintaining the permanent storm water control structure permitted in accordance
with requirements of the Town of Kernersville Watershed Protection Ordinance.
(D) The Watershed Administrator may provide an opportunity to public agencies affected by the
application to review and make recommendations in regard to the application. Fail ure of the
agencies to submit their- comments and recommendations shall not delay the Watershed Review
Committee's action within the prescribed time limit.
(E) The Watershed Administr ator, upon receipt of a completed application for a h igh density
watershed permit, shall conduct a staff review of the application and cause a m eeting of the
Watershed Review Committee to be called to review the application, as set forth in Section 3-7.2 of
this Ordinance.
(1) Upon approval of the application by the watershed review committee, such approval
shall be indicated on the permit, copies of the site plan, and copies of the plans and
specifications for the storm water control structure. A high -density permit shall be issued
after the applicant:
(a) Posts a performance surety as required in Section 3-5.4 herein;
(b) Executes and records an operation and maintenance agreement as requ ired in
Section 3-5.4 herein, and provides the Watershed Administrator with a recorded
Unified Development Ordinance 398 Chapter C Article III

copy; and
(c) 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 c onsistent with the officially adop ted Land Use Plan for the Town of
Kernersvi I le.
(G) The Watershed Review Committee may set to rth additional permit conditions as it d eems
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 th e 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 su rveyors 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.
(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
Unified Development Ordinance 399 Chapter C Article III

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 s torm water control structure shall be used when computing total
impervious area. The stone 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 performance surety granted by the applicant unto
the Town of Kemersville 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 performance surety shall be an amount
equal to one hundred percent twenty (120%) of the total cost of the storm water con trol
structure(s).The total cost of the storm water co ntrol 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 c ompletion by the Community Development Director,
Public Services Director, or Watershed Review Committee.
(B) Default under the performance surety. Upon default of the owner to construct, maintain, repair,
or reconstruct the storm water c ontrol structure(s) in accordance with the operation and/
maintenance agreement, the Board of Aldermen shall obtain and use all or any portion of the
performance surety 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.
(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.
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 sto rm 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.
Unified Development Ordinance 400 Chapter C Article III

(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 pre pared by a No rth 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 cont rol structure(s). T he
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 contai n a full discl osure regarding the storm water control 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 PERFORMANCE 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:
Unified Development Ordinance 401 Chapter C Article III

(1) The signed deed, related easements, restrictive covenants, and a survey plat showing the
storm water control structure(s) in completed form for tiling 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.
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
Kernersville Watershed Ordinance and North Carolina General Statute 47-30.
Witness my hand and seal this day of I 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 SUBJ ECT TO RESTRICTIVE COVENANTS REQUIRING MAINTENANCE AND
ANNUAL INSPECTION OF A STORM WATER CONTROL STRUCTURE.
(B) Upon completion of the storm water control structure(s), the owner may request release of fifty
percent (50%) of the performance surety. 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 and maintained as required by this Ordinance. The Watershed Administrator, upon
determining that the storm water control(s) have been installed in conformity with the Ordinance
and maintained properly, shall release fifty percent (50%) of the performance surety.
(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 performance surety. Upon request
by the owner, the Watershed Administrator shall inspect the storm water control structure(s) to
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 performance surety.
(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 shal I be set by
the Board of Aldermen.
(F) The Watershed Administrator shal I 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
Unified Development Ordinance 402 Chapter C Article III

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.
Unified Development Ordinance 403 Chapter C Article III

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 th e
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 writin g 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 a ny costs thereof, to repair the st orm water control
strucwre(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).
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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 ofth e Classification and Stan dards 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 I st 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 comments to the Watershed
Unified Development Ordinance 405 Chapter C Article III

Administrator prior to a recommendation by the Watershed Review Committee. Such comments shall
become a part of the record of proceedings of the Committee.
(A) Applications for a minor exception shall include the following information in addition to that
submitted for the watershed permit:
(1) A site plan, drawn to a se ale of at least one inc h represents forty (40) feet (1" t o 40'),
indicating the property lines of the parcel upon which the use is proposed, any existing or
proposed structures, parking areas and other impervious areas, and surface water drainage.
The site plan shall be neatly drawn and indicate north point, name and address of person
who prepared the plan, dat e of the original drawing, and an accurate record of any
subsequent revisions.
(2) A complete and detailed description of the proposed minor exception with any other
information necessary for consideration of the application.
(B) Before the Watershed Review Commi ttee may grant a m inor exception, it sh all make the
following findings of fact, which shall be contained in any motion for adoption for such minor
exception:
(1) A finding of practical difficulty or unnecessary hardship(s) to be determined only upon
finding that the following conditions exist:
(a) If the applicant explicitly complied with the provisions of the Ordinance, the
applicant could not make reasonable use of his property;
(b) The unnecessary hardship(s) results from the application of the Ordinance to the
subject property solely and not from an application of this Ordinance to property
in general,
(c) The unnecessary hardship is due to the physical nature of the subject property,
relating to its size, sh ape, drainage pattern, topography, physical features,
presence of perennial streams, bedrock, soil features, contributing off -site
drainage impacting the property, or similar features different from that of
neighboring property; and,
(d) The hardship is not the result of any actions of the applicant, nor of the prior
owner(s) of the property of record on or after July 1993.
(2) The minor exception is in conformance with the general purpose and intent of this
Ordinance.
(3) In the granting of the minor exception, the public safety and welfare have been assured
and substantial justice has been done. The Watershed Review Committee shall not grant a
minor exception if it find s that doing so would in any respect impair the public health,
safety, or general welfare.
(4) In granting the minor exception, the Watershed Review Committee may attach thereto
such conditions regarding the location, character, and other features of the proposed
building, structure, or use as it may deem advisable in furtherance of the purpose of this
Ordinance. If a in inor exception for the construction, alteration or use of property is
granted, such construction, alteration or use shall only be made in accordance with the
approved site plan.
(5) The Watershed Review Committee shall refuse to hear an appeal or an application for a
minor exception previously denied if it fi nds that there have been no substantial changes
in conditions or circumstances bearing upon the application.
(6) A minor exception issued in accordance with this section shall be considered a watershed
Unified Development Ordinance 406 Chapter C Article III

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 govermnent 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 a pplication calls for the granting of a in ajor exception, and if th e 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 b e sent to th e North Carolina Environmental Management Commission (the
Commission) for its review as follows:
(7) If the Commission concludes from the rec ord that t he exception qualifies as a in ajor
exception and that:
(a) The property owner can m ake no reasonable use of th e 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 Kernersville, 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 t he 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 d ecision and send it to the Watershed Review
Committee. The Watershed Review Committee shall prepare a final decision
denying the major exception as proposed.
3-7.5 APPEAL FROM THE
COMMITTEE
WATERSHED AD MINISTRATOR OR WATERSHED REVIEW
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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 shal I hear- al I 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. Tf 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 fi led with the North Carolina Division of
Enviromnental Management, North Carolina Department of Environment and Natural Resources.
Unified Development Ordinance 408 Chapter C Article III

CHAPTER C - ENVIRONMENTAL ORDINANCE
ARTICLE IV - STORM WATER RUNOFF
4-1 GENERAL PROVISIONS
4-1.1 TITLE
This ordinance shall be officially known as "Stormwater Ordinance." It is referred to herein as '`this
ordinance."
4-1.2 AUTHORITY
The Town of Kernersville Board of Aldermen is authorized to adopt this ordinance pursuant to North
Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina; Section
1 of the Revised Charter of the Town of Kemersville; North Carolina General Statutes 143-214.7 and rules
promulgated by the Environmental Management Commission thereunder; Session Law 2004-163; Chapter
160A, §§ 174, 185; as well as Chapter 1 13A, Article 4 (Sedimentation Pollution Control); Article 21, Part 6
(Floodway Regulation); Chapter 160A, Article 19 (Planning and Regulation of Development), ; Chapter
153A, Article 18.
4-1.3 FINDINGS
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and increases stormwater
runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and point source pollution,
and sediment transport and deposition, as well as reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water -borne pollutants and
alterations in hydrology which are harmful to public health and safety as well as to the natural environment;
and
These effects can be managed and minimized by applying proper design and well -planned controls to manage
stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal Phase IT
Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental Management
Commission promulgated in response to federal Phase TI requirements, compel certain urbanized areas,
including this jurisdiction, to adopt the minimum stormwater controls such as those included in this
ordinance.
Therefore, the Town of Kernersville Board of Aldermen establishes this set of water quality and quantity
regulations to meet the requirements of state and federal law regarding control of stormwater runoff and
discharge.
4-1.4 PURPOSE
4-1.4a General
The purpose of this ordinance is to protect, maintain and enhance the public health, safety, environment and
general welfare by establishing minimum requirements and procedures to control the adverse effects of
increased post -development stormwater runoff and nonpoint and point source pollution associated with new
development and redevelopment and by preventing the introduction of potentially harmful materials and illicit
discharges into the Town of Kernersville Municipal Separate Storm Sewer System (MS4); and to meet the
requirements in the Town of Kern ersville's National Pollutant Discharge Elimination System Permit for
Storm Water Discharges NCS000483 effective date October 1, 2005. It has been determined that proper
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management of co nstruction-related and post -development stormwater runoff will minimize damage to
public and private property and infrastructure, safeguard the public health, safety, and general welfare, and
protect water and aquatic resources.
4-1.4b Specific
This ordinance seeks to meet its general purpose through the following specific objectives and means:
1. Establishing decision -making processes for development that protect the integrity of watersheds and
preserve the health of water resources;
2. Requiring that new development and redevelopment maintain the pre -development hydrologic
response in their post -development state as nearly as practicable for the applicable design storm in
order to reduce flooding, stream bank erosion, nonpoint and point source pollution and increases in
stream temperature, and to maintain the integrity of stream channels and aquatic habitats;
3. Establishing minimum post -development stormwater management standards and design criteria for
the regulation and control of stormwater runoff quantity and quality;
4. Establishing design and review criteria for the construction, function, and use of structural
stormwater BMPs that may be used to meet the minimum post -development stormwater
management standards;
5. Encouraging the use of better management and site design practices, such as the use of vegetated
conveyances for stormwater and the preservation of green space and other conservation areas to the
maximum extent practicable;
6. Establishing provisions for the long-term responsibility for and maintenance of structural and
nonstructural stormwater BMPs to ensure that they continue to function as designed, are maintained
appropriately, and pose no threat to public safety;
7. Establishing administrative procedures for the submission, review, approval and disapproval of
stormwater management plans, for the inspection of approved projects, and to assure appropriate
long-term maintenance.
8. Controlling illicit discharges into the Town of Kernersville municipal separate storm sewer system.
9. Controlling erosion and sedimentation from construction activities.
10. Assigning responsibility and processes for approving the creation and maintenance of adequate
drainage and flood damage prevention.
11. To reduce the discharge ofpollutants to the storm sewer system to the maximum extent practicable
by requiring, where appropriate, the use of best management practices, structural and/or
nonstructural storm water quantity and quality control measures and other provisions.
12. To prohibit non -storm water discharges to the Town of Kernersvil le municipal separate storm sewer
system and require the removal of illicit connections to the municipal separate storm sewer system.
13. To prevent improper disposal of materials that degrade water quality.
14. To permit sampling and monitoring for pollutants such as those associated with illicit discharges,
improper disposal, industrial and construction activities, and the application ofpesticid es,
herbicides, and fertilizers.
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15. To reduce erosion associated with storm water runoff.
4-1.5 JURISDICTION
The provisions of this Ordinance shall apply both to that area which is within the corporate limits of the Town
ofKernersville and within the extraterritorial zoning jurisdiction of the Town ofKernersville.
4-1.6 ABROGATION
This chapter is not intended to repeal, abrogate, annul, impair, or interfere with any existing easements,
covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued.
4-1.7 ARTICLE IV 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 Chapter C, Article IV of the Unified Development
Ordinances, have the meanings indicated. All words and phrases not defined in this Article shall have their common
meaning. Words and phrases that are defined herein have generally been italicized when used in the ordinance. When
used in this Ordinance, the present tense includes the future, the singular includes the 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.
1 year, 24-hour storm. The surface runoff resulting from a 24-hour rainfall of an intensity expected to be
equaled or exceeded, on average, once in 12 months and with a duration of 24 hours.
Best managementpractice (BMP). A structural or nonstructural management -based practice used singularly
or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection
goals.
Built -upon area. "built -upon area" means impervious surface and partially impervious surface to the extent
that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil.
"Built -upon area" does not include a slatted deck; the water area of a swimming pool; a surface of number 57
stone, as designated by the American Society for Testing and Materials, laid at le ast four inches thick over a
geotextile fabric; or a trail as defined in G.S. I BA-85 that is either unpaved or paved as long as the pavement is
porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour)."
Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. `1251 et seq.) and any subsequent
amendments thereto.
Connection. Any ditch, pipe, or other device for the diversion or transmission of storm drainage which will
in any way affect the operation or maintenance of the municipal separate storm sewer system.
Conveyance. Any feature of the landscape or earth, manmade or natural that carries water in a concentrated
flow.
Design Manual. The policy, criteria, and information, including technical specifications and standards, in
the most current revision of the North Carolina Stormwater Best Management Practice Manual, hereafter referred to
as the Design Manual shall be the basis for decisions about stormwater permits and about the design, implementation
and performance of structural and non-structural stormwater BMPs. A I I references herein to the Design Manual are
to the latest published edition or revision. The Design Manual includes a list of acceptable stormwater treatment
practices, including the specific design criteria for each stormwater practice. Stormwater treatment practices that are
designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet
the minimum water quality performance standards of the Phase If laws.
Developer. A person engaged inland, site, or building development.
Development. Any land disturbing activity which adds to or changes the amount of impervious or partially
impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.
Discharge. Additions ofpollutants into waters of the United States from: Surface runoff which is collected
or channeled by man; discharges through pipes, sewers, or other conveyance owned by a stated municipality, or other
person which does not lead to a treatment works; and discharges through pipes, sewers, or other conveyance, leading
into privately owned treatment works.
Ditch/swale. Open channel that infiltrates and/or transports runoff waters.
Drainage. The flow of runoff into a conveyance.
Drainage easement. An easement which grants to the board of alderman the right to maintain conveyances
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of drainage structures.
Easement. A grant of one (1) or more of the property rights, by the property owner, to, or for use by, the
public, a corporation, or other entity.
Erosion. The wearing away of land surface by the action of wind, water, gravity, or any combination thereof.
Existing development. Those projects that are built in a non -water supply watershed that, at a minimum, for
which a vested right has been established under North Carolina zoning law based on at least one of the following
criteria: (1) substantial expenditure of resources based on a good faith reliance upon a valid local government approval
to proceed with a project; or (2) issuance of a valid building permit; or (3) substantial expenditure of resources based
on an approved site specific development plan.
Facility. Any land use including, but not limited to: commercial, industrial and residential land uses, and
any other source including, but not limited to: motor vehicles and rolling stock that directly contribute, cause or permit
the contribution of any discharge, illicit or otherwise to the MS4.
Garbage. All non -hazardous and non -medical solid waste including animal and vegetable solid waste
resulting from the handling, preparation, cooking and consumption of food including the minimal amount of liquid
necessarily incident thereto.
Geotextile Fabric. Geotextile fabric means a permeable geosynthetic comprised solely of non -biodegradable
textiles.
Having control over. Shall mean but not be limited to anyperson using, transferring, storing, or transporting
a hazardous material immediately prior to release of such hazardous material on the land or into the air or the waters
of the town.
Hazardous material. Any substance which, when discharged in any quantity, may present an eminent and
substantial danger to the public health or welfare or to the environment or any substance listed in SARA Title TIT,
Section 302(extremely hazardous substances); CERCLA (hazardous substances); or Section 311 of the Clean Water
Act (oil and hazardous substances).
Hazardous material response. The sending of fire department equipment to abate hazardous materials
which endanger the health or safety of persons or the environment.
High -density project. Any project that exceeds the low -density threshold for dwelling units per acre and
built -upon area.
Illicit connection. An illicit connection is either of the following:
1. Any conveyance that allows or may allow an Illicit Discharge to enter the MS4; or,
2. Any pipeline, ditch or other conveyance connected to the MS4 which has not been documented in
construction or site plans, a building permit, maps or other equivalent records by which the Town of
Kernersville would have express notice of the existence and location to the MS4.
Illicit discharge. Any discharge to a municipal separate storm sewer system (MS4) that is not composed
entirely of storm water except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges
from the MS4) and discharges resulting from firefighting activities.
Impervious surface. An area composed of any material that impedes or prevents natural infiltration of water
into the soil. Impervious area shall include but are not limited to roofs, decks, driveways, patios, sidewalks, parking
areas, tennis courts, concrete or asphalt streets, crushed stone and gravel surfaces.
Larger common plan of development or sale. Any area where multiple separate and distinct construction or
land disturbing activities will occur under one plan. A plan is any announcement or piece of documentation (including
but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, permit
application, zoning request, or computer design) or physical demarcation (including but not limited to boundary signs,
lot stakes, or surveyor markings) indicating that construction activities may occur on a specific plot.
Lon -density project. A project that has no more than two dwelling units per acre or twenty-four percent
built -upon area (BUA) for all residential and non-residential development.
Municipal separate storm sewer (M54). For regulatory purposes, a conveyance or system of conveyances
including storm drain systems, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
manmade channels, or storm drains within the Town limits and in any of the extra territorial jurisdictions.
National Pollutant Discharge Elimination System (NPDES). A permitting system established by Section
402 of the Clean Water Act. Permits are issued by the State of North Carolina for discharges directly to the surface
waters of the state.
New development. Any activity for which a building permit or a grading permit is required, or any of the
following without regard to a permit requirement: clearing, stripping, dredging, grading, excavating, transporting, and
filling of land.
Non Structural Best management practice (BMP). A nonstructural management -based practice used
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singularly or in combination to reduce nonpomt source inputs to receiving waters in order to achieve water quality
protection goals.
Outfall A point source at the point where a MS4 discharges to waters of the United States and does not
include open conveyances connecting two (2) municipal separate storm sewers; or pipes, tunnels or other conveyances
which connect segments of the same stream or other waters of the United States and are used to convey waters of the
United States.
Owner. The legal or beneficial owner of land, including but not limited to am ortgagee or vendee in
possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding
proprietary rights in the property or having legal power of management and control of the property. "Owner" shall
include long-term commercial tenants; management entities, such as those chargedwith or engaged in the management
of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in
possession of the property does not constitute an owner, unless the secured lender is included within the meaning of
"owner" under another description in this definition, such as a management entity.
Performance Bond. A guarantee against loss or damage from one's failure to perform, and a t angible
guarantee of performance or the fulfillment of an obligation. The following must be included in any Performance
Bond accepted by the Town of Kernersville and considered as such within this ordinance.
A) Entity issuing the Performance Surety must be licensed to do business in the State of North Carolina and
state its preferred correspondence address within the Performance Surety.
B) The Performance Surety must be issued in favor of the Town of Kernersville (obligee) for a specified
mount.
C) The Performance Surety shall clearly indicate the obligation within the document.
D) The Performance Surety shall clearly indicate principal's full intent to perform.
E) The Performance Surety shall state the surety shall stay in fu 11 force and effect un til obligee notifies
principal that all obligations stated within the Performance Surety have been satisfied in their entirety.
Performance Surety. A guarantee against loss or damage from one's failure to perform and a physical or
financial guarantee for the fulfillment of an obligation. Performance Sureties may be in the form of Standby Letters
of Credit, Performance Bonds, and Cash.
Person. Any individual, partnership, co -partnership, firm, company, corporation, association, joint stock
company, trust, estate, governmental entity or their legal representative agents or assigns.
Pollutant. Any substance that contributes to or causes pollution, including but not limited to: paints,
varnishes, solvents, oil or other automotive fluids; hazardous and non -hazardous liquids, solids and wastes; yard
wastes, refuse, rubbish, garbage, litter and floatables; pesticides, herbicides and fertilizers; sewage, fecal colifoms and
pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a
structure; other discarded or abandoned objects and accumulations; or any noxious or offensive matter of any kind
that may cause or contribute to pollution.
Preliminary Plat. The final map of all or a portion of a subdivision or site, showing the boundaries and
location of lots, streets, easements and any other requirements of the Subdivision Ordinance, which is presented for
local government approval and subsequent recordation with the Register of Deeds.
Redevelopment. Any rebuilding activity other than a rebuilding activity that results in no net increase in
built -upon area and provides equal or greater stormwater control than the previous development.
Refuse. Solid waste, including but not limited to garbage, rubbish and ashes.
Riparian buffer or stream buffer. An area of native or non-native woody vegetation adjacent to a stream or
other natural conveyance of water or storm water.
Soil erosion and sedimentation plan. The graphic plan, including narrative where appropriate, required by
the development ordinance as a prerequisite for a grading permit, the purpose of which is to explain existing conditions
and proposed grading of land including any development and to describe the activities and measures to be undertaken
to control accelerated soil erosion and sedimentation.
Standby Letter of Credit (SBLC). An irrevocable obligation to the beneficiary indicating payment to the
beneficiary in the event of default by the account party and/or failure to perform an obligation. The following must
be included in any SBLC accepted by the Town of Kernersville to be considered as such within this ordinance.
A) Entity issuing the SBLC must be licensed to do business in the State of North Carolina and state its
preferred correspondence address within the SBLC.
B) The SBLC must be issued in favor of the Town of Kernersville (beneficiary) for a specified atnount and
state the customer (account parry).
C) The SBLC must clearly state it is an irrevocable Standby Letter of Credit.
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D) The SBLC shall clearly indicate the obligation within the SBLC is for the payment of money in lieu of
performance.
E) The SBLC must state the beneficiary has the right to draw on the SBLC from time to time upon written
demand by the beneficiary indicating account parties failure to meet their obligations.
F) The SBLC shall state draws will be processed within a reasonable time period once beneficiary demands
a draw.
G) The SBLC shall state the original amount may be reduced from time to time only upon written notice by
the beneficiary to do so.
H) The SBLC shall state the obligation shall be in full effect up to 5:00 pm on the date of expiration as
indicated within the SBLC and if said date falls on a holiday, weekend, or other day in which the
beneficiary or issuer are closed for business, the expiration day shall be the following day that both
beneficiary and issuer are open for business.
1) The SBLC shall state the SBLC shall be automatically extended, without any formal amendment or
notice to the effect, from year to year, for successive periods of one (1) year each from the present or
any future expiration date hereof, unless the issuer notifies th e beneficiary 60-days prior to such
expiration date in writing, via certified mail, return receipt requested that issuer has elected not to renew
the SBLC and beneficiary has until 5:00pm on or before the expiration date to draw the full amount
hereunder.
Stormwater. Any surface flow, runoff or drainage consisting entirely of water from any form of natural
precipitation and resulting from such precipitation.
Stormwater Administrator. An official or other person designated by the Town to be responsible for the
administration and enforcement of Article TV of the Unified Development Ordinances.
Stormwater Review Committee. A staff level review and advisory committee appointed by the Stormwater
Administrator for consultation regarding design plan review, enforcement options and other matters related to
administration and enforcement of Article TV of the Unified Development Ordinances.
StructuralBMP. A physical device designed to trap, settle out, or filter pollutants from stormwater runoff,
to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the pre -
development hydrology on a developed site; or to achieve any combination of these goals. Structural BAP includes
physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods
installed or created on real property. "Structural BAP" is synonymous with "structural practice", "stormwater control.
facility," "stormwater control practice," " stormwater treatment practice," "stormwater management practice,"
"stormwater control measures," "stormwater treatment systems," and similar terms used in this ordinance.
Substantial progress. For the purposes of determining whether sufficient progress has been made on an
approved plan, one or more of the following construction activities toward the completion of a site or subdivision plan
shall occur: obtaining a grading permit and conducting grading activity on a continuous basis and not discontinued
for more than thirty (30) days; or installation and approval of on -site infrastructure; or obtaining a building permit for
the construction and approval of a building foundation. "Substantial progress" for purposes of determining whether
an approved plan is null and void is not necessarily the same as "substantial expenditures" used for determining vested
rights pursuant to applicable law.
Substantial redevelopment. An increase or change in impervious area that impacts the AS4.
Town Manager. The Town Manager as appointed by the Board of Aldermen of the Town of Kernersville,
or his designee.
Watershed. The entire land area contributing to surface drainage to a specific point.
4-1.8 RIGHT -OF -ENTRY
(a) The town manager or his designee shall have right -of -entry on or upon the property or facility of
any person subject to this chapter and any permit/document issued hereunder. The town manager or his
designee shall be provided ready access to all partsof the premises for the purposes of inspection, monitoring,
sampling, inventory, records examination and copying, and the performance of any other duties necessary to
determine compliance with this chapter.
(b) Where a person has security measures in force which require proper identification and clearance
before entry into its premises, the person shall make necessary arrangements with its security guards so that,
upon presentation of suitable identification, the town manager or his designee will be permitted to enter
without delay for the purposes of performing specific responsibilities.
(c) The town manager or his designee shall have the right to set up on the person's property such devices
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as are necessary to conduct sampling and/or metering of the person's operations.
(d) Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or
monitored shall be removed promptly by the person at the written or verbal request of the town manager or
his designee. The costs of clearing such access shall be borne by the person.
(e) The town manager or his designee may inspect the facilities o f any u ser in order t o ensure
compliance with this chapter. Such inspection shall be made with the consent of the owner, manager, or
signatory official. If such consent is refused the town manager or his designee may seek issuance or an
administrative search warrant.
4-1.9 APPLICABILITY AND JURISDICTION
A. General
This ordinance shall be effective beginning October 1, 2007. Beginning with and subsequent to its effective
date, this ordinance shall be applicable to all development and redevelopment, including, but not limited to,
site plan applications, subdivision applications, and grading applications, unless exempt pursuant to
Subsection (B) of this Section, Exemptions, below.
B. Exemptions
Development that cumulatively disturbs less than one acre and is not part of a larger common plan of
development or sale is exempt from the provisions of this ordinance.
Redevelopment that cumulatively disturbs less than one acre and is not part of a larger common plan of
development or sale is exempt from the provisions of this ordinance.
Development and redevelopment that disturb less than one acre are not exempt if such activities are part of a
larger common plan of development or sale, even though multiple, separate or distinct activities take place
at different times on different schedules.
Activities that are exempt from permit requirements of Section 404 of the federal Clean Water Act, as
specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provisions
of this ordinance.
C. Vesting
Development or redevelopment projects conducted pursuant to one of the following authorizations obtained
prior to the effective date of this ordinance are determined to be vested in accordance with the provisions of
North Carolina General Statute § 160A-385.1 and Chapter B, Section 1-5.2 of the Unified Development
Ordinances and shall thus be exempt from complying with all provisions of this ordinance dealing with the
control and/or management of post -construction runoff, but shall be required to comply with all other
applicable provisions, including but not limited to local illicit discharge ordinances and local erosion and
sediment control ordinances:
(1) a building permit
(2) a site specific development plan
(3) a vested right pursuant to statutory or local law.
Changes to any of the above listed authorizations may negate vested right status and subject the development
or redevelopment to the provisions of this ordinance.
D. Violations Continue
Any violation of provisions existing on the effective date of this ordinance shall continue to be a violation
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under this ordinance and be subject to penalties and enforcement under this ordinance unless the use,
development, construction, or other activity complies with the provisions of this ordinance.
E. No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the provisions of this ordinance or
unless exempted. No development for which a permit is required pursuant to this ordinance shall occur except
in compliance with the provisions, conditions, and limitations of the permit.
F. Map
The provisions of t his ordinance shall apply within the areas d esignated on the map titled "Phase II
Stormwater Map of the T own of Kernersville North Carolina" ("the Stormwater Map"), which is adopted
simultaneously herewith. The Stormwater Map and all explanatory matter contained thereon accompany and
are hereby made a part of this ordinance.
The Stormwater Map shall be kept on file by the Stormwater Administrator and shall be updated to tape into
account changes in the land a•ea covered by this ordinance and the geographic location of al I structural BAPS
permitted under this ordinance. In the event of a dispute, the applicability of this ordinance to a p articular
area of land or BAP shall be determined by reference to the North Carolina Statutes, the North Carolina
Administrative Code, and local zoning and jurisdictional boundary ordinances.
4-1.10 INTERPRETATION
A. Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall be construed
according to the general and specific purposes set forth in Section 4-1.4, Purpose. If a different or
more specific meaning is given for a term defined elsewhere in the Town of Kernersville's Unified
Development Ordinance, the meaning and application of the term in this ordinance shall control
for purposes of application of this ordinance.
B. Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this ordinance and any heading,
caption, figure, illustration, table, or map, the text shall control.
C. Authority for Interpretation
The Stormwater Administrator has authority to determine the interpretation of this ordinance. Any
person may request an in terpretation by submitting a written request to the Stormwater
Administrator who shall respond in writing within 30 days. The Stormwater Administrator shall
keep on file a record of all written interpretations of this ordinance. Appeals from any interpretation
issued by the Stormwater Administrator shall be filed in accordance with the provisions of Section
4-3. l 1.
D. References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the
Design Manual), or document, it shall be construed as a reference to the most recent edition of such
that has been finalized and published with due provision for notice and comment, unless otherwise
specifically stated.
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E. Computation of Time
The time in which an act is to be done shall be computed by excluding the first day and including
the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed
by the Town of Kernersville, the deadline or required date of action shall be the next day that is not
a Saturday, Sunday or ho liday observed by the Town of Kernersville. References to days are
calendar days unless otherwise stated.
F. Delegation of Authority
Any act authorized by this Ordinance to be carried out by the StormwaterAdministrator of the Town
of Kerncrsville may be carried out by his or her designee.
G. Usage
Mandatory and Discretionary Terms
The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to
comply with the particular provision. The words "may" and "should" are permissive in nature.
2. Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows: The
word "and" indicates that all connected items, conditions, provisions or events apply. The word "or"
indicates that one or more of the connected items, conditions, provisions or events apply.
3. Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the singular number include
the plural number and the plural number includes the singular number, unless the context of the
particular usage clearly indicates otherwise. Words used in th e masculine gender include the
feminine gender, and vice versa.
H. Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site.
4-1.11 DESIGN MANUAL
A. Reference to Design Manual
The Stormwater Administrator steal I use the policy, criteria, and information, including technical
specifications and standards, in the most current revision of the North Carolina Stormwater Best
Management Practice Manual, hereafter referred to as the Design Manual as the basis for decisions
about stormwater permits and about the design, implementation and performance of structural and
non-structural stormwater BMPs.
The Design Manual includes a list of acceptable storm water treatment practices, including the
specific design criteria for each stormwater practice. Storm water treatment practices that are
designed, constructed, and maintained in accordance with these design and sizing criteria will be
presumed to meet the minimum water quality performance standards of the Phase IT laws.
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B. Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines oft he Design Manual are more restrictive or apply a higher
standard than other laws or regulations, that fact shall not prevent application of the specifications
or guidelines in the Design Manual.
C. Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information in the Design
Manual are amended subsequent to the submittal of an application for approval pursuant to this
ordinance but prior to approval, the new information shall control and shall be utilized in reviewing
the application and in implementing this ordinance with regard to the application.
D. Amendments to Design Manual
The Design Manual may be updated and expanded from time to time, based on advancements in
technology and engineering, improved knowledge of local conditions, or local monitoring or
maintenance experience.
Prior to amending or updating the Design Manual, proposed changes shall be generally publicized
and made available for review, and an oppo rtunity for comment by interested persons shall be
provided by the State of North Carolina.
4-1.12 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS
A. Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other
provision of law. The requirements of this ordinance are in addition to the requirements of any other
ordinance, rule, regulation or other provision of law, and where any provision of this ordinance
imposes restrictions different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher protective standards for
human or environmental health, safety, and welfare, shall control.
B. Private Agreements
This ordinance is not intended to revoke or repeal any easement, covenant, or other private
agreement. However, where the regulations of this ordinance are more restrictive or impose higher
standards or requirements than such easement, covenant, or other private agreement, then the
requirements of this ordinance shall govern. Nothing in this ordinance shall modify or repeal any
private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure
to comply with this ordinance. In no case shall the Town of Kernersvil le be obligated to enforce the
provisions of any easements, covenants, or agreements between private parties.
4-1.13 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall
be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate
the remainder of any section, subsection, paragraph, subdivision or clause of this ordinance.
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4-1.14 ADMINISTRATION AND PROCEDURES
Stormwater Administrator
1. Designation
A Stormwater Administrator shall be designated by the Board of Alderman of the Town of
Kernersville to administer and enforce this ordinance.
2. Powers and Duties
In addition to the powers and duties that may be conferred by other provisions of the To wn of
Kernersville's Unified Development Ordinance and other laws, the Stormwater Administrator
shall have the following powers and duties under this ordinance:
a. To review and approve, approve with conditions, or disapprove applications for approval of
plans pursuant to this ordinance.
b. To make determinations and render interpretations of this ordinance.
C. To establish application requirements and schedules for submittal and review of applications
and appeals, to review and make recommendations to the Board of Alderman of the Town of
Kernersville on applications for development or redevelopment approvals.
d. To enforce the provisions of this ordinance in accordance with its enforcement provisions.
e. To maintain records, maps, and official materials as relate to the adoption, amendment,
enforcement, or administration of this ordinance.
f. To provide expertise and technical assistance to the Board of Alderman of the Town of
Kernersville and the Stormwater Review Committee upon request.
g. To designate appropriate other person(s) who shall carry out the powers and duties of the
Stormwater Administrator.
h. To take any other action necessary to administer the provisions of this ordinance.
4-2 ILLICIT DISCHARGES AND IMPROPER DISPOSALS
4-2.1 ILLICIT DISCHARGES AND CONNECTIONS
4-2.1 a Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly
to any stormwater conveyance, the waters of the State, or upon the land in manner and amount that the
substance is likely to reach astormwater conveyance or the waters of the State, any liquid, solid, gas, or other
substance, other than stormwater; provided that non-stormwater discharges associated with the following
activities are allowed and provided that they do not significantly impact water quality:
Water line flushing;
2. Landscape irrigation;
3. Diverted stream lows;
4. Rising ground waters;
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5. Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
6. Uncontaminated pumped ground water;
7. Discharges from potable water sources;
8. Foundation drains;
9. Air conditioning condensation;
10. Irrigation water;
11. Springs;
12. Water from crawl space pumps;
13. Footing drains;
14. Lawn watering;
15. Residential and charity car washing
16. Flows from riparian habitats and wetlands;
17. Dechlorinated swimming pool discharges;
18. Street wash water;
19. Discharges from firefighting operations; and
20. Other non-stormwater discharges for which a val id NPDES permit has been approved and issued by
the State of North Carolina.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, animal waste, paints,
garbage, yard waste and litter.
4-2.1 b Illicit Connections
1. Connections to a stormwater conveyance or stormwater conveyance system that allow the
discharge of non-stormwater, other than the exclusions described in section (a) above, are unlawful.
Prohibited connections to the MS4 include, but are not limited to: floor drains, waste water from washing
machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and waste
water from septic systems.
2. Where such connections exist in violation of this section and said connections were made prior to
the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the
person using said connection shall remove the connection within one year following the effective date of this
ordinance. However, the one-year grace period shall not apply to connections which may result in the
discharge of hazardous materials or other discharges which pose an immediate threat to health and safety,
or are likely to result in immediate injury and harm to real or personal property, natural resources, wildlife,
or habitat.
3. Where it is determined that said connection:
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a. May result in the discharge of hazardous materials or may pose an immediate threat to health
and safety, or is likely to result in immediate injury and harm to real or personal property, natural resources,
wildlife, or habitat, or
b. Was made in violation of any applicable regulation or ordinance, other than this section;
The Stormwater Administrator shall designate the time within which the connection shall be
removed. Insetting the time limit for compliance, the Stormwater Administrator shall take into
consideration:
I . The quantity and complexity of the work,
2. The consequences of delay,
3. The potential harm to the environment, to the public health, and to public and private
property, and
4. The cost of remedying the damage.
4-2.2 SPILLS
Spills or leaks of polluting, harmful or hazardous substances released, discharged to, or having the potential
to be released or discharged to the stormwater conveyance system, shall be contained, controlled, collected,
and properly disposed. All affected areas shall be restored to their preexisting condition. Persons in control
of the polluting substances immediately prior to their release or discharge, and persons owning the property
on which the substances were released or discharged, shall immediately notify the Fire Chief of the Town of
Kernersville of the release or discharge, as well as making any required notifications under state and federal
law. Notification shall not relieve any person of any expenses related to the restoration, loss, damage, or any
other liability which may be incurred as a result of said spill or leak, nor shall such notification relieve any
person from other liability which may be imposed by State or other law.
4-2.3 NUISANCE
Illicit discharges and illicit connections which exist within the Town of Kernersville are hereby found,
deemed, and declared to be dangerous or prejudiced to the public health or public safety and are found,
deemed, and declared to be public nuisances. Such public nuisances shall be abated in accordance with the
procedures set forth in Chapter 10 of the Code of Ordinances Town of Kernersville North Carolina.
4-2.4 ENFORCEMENT
a. Violations
Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and
penalties provided by this article and by state law:
1. Development without permit. To engage in any development, use, construction, remodeling, or
other activity of any nature upon land or improvements thereon subject to the jurisdiction of this
chapter without all required permits, certificates, or other forms of authorization as set forth in the
Town of Kernersville Unified Development Ordinance.
2. Development inconsistent with permit. To engage in any development, use, construction
remodeling or other activity of any nature in any way inconsistent with any approved plan, permit,
certificate, or other for of authorization granted for such activity.
3. Violation by act or omission. To violate, by act or omission, any term, variance, modification,
condition, or qualification placed by the governing body or its agent boards upon any require d
permit, certificate, or other form of authorization of the use, development, or other activity upon
land or improvements thereon.
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4. Use in violation. To erect, construct, reconstruct, alter, repair, convert, maintain, or use any building
or structure or to use any land in violation or contravention of this article or any other regulation
made under the authority conferred thereby.
5. Continuing a violation. To continue any of the above violations is a separate and distinct offense
each day.
b. Civil Penalties
1. Illicit Connections.
a. Any person who is found responsible for an illicit connection shall receive a notice of violation
when the connection is discovered. The person shall have sixty (60) days to remove the connection
unless the connection is determined to pose an immediate and severe public health risk. At the end
of that time if the connection has not been removed, the StormwaterAdministrator may assess civil
penalties in the amount of two hundred dollars ($200.00) for violation ofthe ordinance. For purposes
of this section, each day that a violation remains unabated shall be considered a new, separate and
distinct violation for purposes of assessing a civil penalty. In addition to the assessment of civil
penalties, the Town Manager or his designee may enter the property and take measures necessary
to remove the connection and perform whatever cleanup or abatement is necessary. If the person
fails to remove the connection in the time prescribed, the Town of Kernersville may petition the
superior court of justice, for the issuance of an injunction to compel removal and payment; however,
removal of the illicit connection shall be immediate upon the determination of the Town Manager
or his designee that the connection poses an imminent threat to public health. In determining the
amount of the penalty the Town Manager or his designee shall consider the following:
I . The degree and extent of the harm to the natural resources, to the public health, or
to the public or private property resulting from the violation;
2. The duration and gravity of the violation;
3. The effect on ground or surface water quality or on air quality;
4. The cost of rectifying the damage;
5. The amount of money saved by noncompliance;
6. Whether the violation was committed willfully or intentionally;
7. The prior record of t he violator in co mplying or failin g to co mply with t he
stormwater quality management;
8. The costs of enforcement to the Town of Kernersvil le.
b. If any person who previously has bee n found to have an illicit connection reconnects to the
conveyance, he shall be assessed a civil penalty not to exceed five thousand dollars ($5,000.00).
The penalty shall increase by twenty-five (25) percent of the previous penalty amount for every
subsequent illicit connection made by the same person. The penalty shall be additional to the cost
of cleanup and abatement. If the person has or is required to have a stormwater NPDES permit from
the state division of enviromnental management, the Stormwater Administrator shall alert the
appropriate state authorities of the violation. In determining the amount of the penalty the Town
Manager or his designee shall consider the following:
1. The degree and extent of the harm to the natural resources, to the public health, or to
the public or private property resulting from the violation;
2. The duration and gravity of the violation;
3. The effect on ground or surface water quality or on air quality;
4. The cost of rectifying the damage,
5. The amount of money saved by noncompliance;
6. Whether the violation was committed willfully or intentionally;
7. The prior record of the violator in complying or failing to comply with the stormwater
quality management;
8. The costs of enforcement to the Town of Kernersvi Ile.
2. Improper disposal.
Unified Development Ordinance 422 Chapter C Article IV

a. Process wastewater. Any person who is found to have improperly disposed of any pr ocess
wastewater to the receiving streams shall be assessed a civil penalty not to exceed five thousand
dollars ($5,000.00). In determining the amount of flee penalty the Town Manager or his designee
shall consider the following:
1. The degree and extent of the harm to the natural resources, to the public health, or
to the public or private property resulting from the violation;
2. The duration and gravity of the violation;
3. The effect on ground or surface water quality or on air quality;
4. The cost of rectifying the damage;
5. The amount of money saved by noncompliance;
6. Whether the violation was committed willfully or intentionally;
7. The prior record of the violator in complying or failing to comply with the storm
water quality management program and,
8. The costs of enforcement to the Town of Kernersville.
b. Bulk sales. Any person who is found to have improperly disposed of a ny substance that was
purchased at a bulk sales location which, upon discharge to the receiving streams or drainage
network, would have an adverse impact on water quality or cause the Town of Kernersvil le to be in
noncompliance with any applicable environmental permit shall be assessed acivil penalty not to
exceed five thousand dollars ($5,000.00). In determining the am ount of the penalty the Town
Manager or his designee shall consider the following:
l . The degree and extent of the harm to the natural resources, to the public health, or to the
public or private property resulting from the violation;
2. The duration and gravity of the violation;
3. The effect on ground or surface water quality or on air quality,
4. The cost of rectifying the damage;
5. The amount of money saved by noncompliance;
6. Whether the violation was committed willfully or intentionally;
7. The prior record of the violator in complying or failing to comply with the storm water
quality management program and,
8. The costs of enforcement to the Town of Kernersvi Ile.
c. Household products. Any person who is found to have improperly disposed of any substance that
was purchased over-the-counter for household, in quantities considered normal for household
purposes, which, upon discharge to the receiving streams or drainage network, would have an
adverse impact on water quality or cause the Town to be in noncompliance with any applicable
environmental permit shall be assessed a civil penalty not to exceed five hundred dollars ($500.00).
In determining the amount of the civil penalty the Town Manager or his designee shall consider the
following:
1. The degree and extent of the harm to the natural resources, to the public health, or
to the public or private property resulting from the violation;
2. The duration and gravity of the violation;
3. The effect on ground or surface water quality or on air quality;
4. The cost of rectifying the damage;
5. The amount of money saved by noncompliance;
6. Whether the violation was committed willfully or intentionally;
7. The prior record of the violator in complying or failing to comply with the storm
water quality management program; and
8. The costs of enforcement to the Town of Kernersville.
d. Yard waste. Any person who is found to have improperly disposed of leaves, grass clippings, or
other yard wastes shal I be assessed a civil penalty not to exceed five hundred do] lars ($500.00). in
Unified Development Ordinance 423 Chapter C Article IV

determining the amount of the penalty the Town Manager or his designee shall consider the
following:
1. The degree and extent of the harm to the natural resources, to the public health, or
to the public or private property resulting from the violation;
2. The duration and gravity of the violation;
3. The effect on ground or surface water quality or on air quality;
4. The cost of rectifying the damage;
5. The amount of money saved by noncompliance;
6. Whether the violation was committed willfully or intentionally;
7. The prior record of the violator in complying or failing to comply with the storm
water quality management program; and
8. The costs of enforcement to the Town of Kernersville.
e. Repeat violation. If a person is found to be responsible for more than one (1) instance of improper
disposal, the penalty shall increase by twenty-five (25) percent of the previous penalty amount for
each subsequent improper disposal. The penalties shall be additional to the cost of clean-up and
abatement.
f. Watershed areas. The penalty assessed for any of the above violations shall be increased by twenty-
five (25) percent of the amount assessed if it occurs in any designated water -supply watershed area.
g. Failure to report. The penalty assessed for any of the above violations shall be increased by twenty-
five (25) percent of the amount assessed for any spill not properly reported by the violator once he
has knowledge of the violation.
h. Penalties. in the event there are subsequent penalties assessed by the state against the Town for
improper disposal or illegal dumping, or illicit connection into receiving streams, caused by any
person, such person shall be assessed the equivalent amount of civil penalty.
4-2.5 REMEDIES
Any or all of the following procedures may be used to enforce the provisions of this chapter:
a. Injunction. Any violation of this article or of any condition, order, requirement, or remedy adopted pursuant
hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant
to state law.
b. Civil penalties. Any person who violates any provision of this article shall be subject to the assessment of a
civil penalty under the procedures provided in Article 4-2.4b.
c. Denial of permit. The Town Manager or his designee shall withhold or deny any permit, certificate, or other
authorization on any land, building, structure, or use in which there is an uncorrected violation of a provision
of this article, or of a con dition or qualification of a permit, certificate, or other- authorization previously
granted.
d. Conditional permit or temporary certificate. The Town Manager or his designee may condition the
authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties
within a specified time, or the posting of a performance surety.
e. Revocation of permit. The Town Manager or his designee may revoke and require the return of a permit or
certificate by notifying the permit holder in writing, stating the reason for the revocation. Permits or
certificates shall be rev oked for any substantial departure from the approved application plans, or
specifications; refusal or failure to comply with the requirements of state or local law; or for false statements
or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued
in violation of any applicable state or local law may also be revoked.
f Criminal penalties. Any violation of this chapter shall be a misdemeanor or infraction as provided by NCGS
14-4. Each violation shall be subject to a fine not to exceed five hundred dollars ($500.00).
g. Notification of the State Enforcement Officials.
1. Industrial and related facilities. When a Town Manager or his designee discovers an apparent
violation of an industrial or rel atedfacility's NPDES storm water discharge permit or that the facility
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is not operating pursuant to its storm water pollution prevention plan, the Town shall notify the
appropriate state officials immediately.
2. Construction sites. If the Town Manager or his designee discovers an apparent violation of the
NPDES storm water discharge permit required by the state for sites with land -disturbing activity
greater than one (I ) acre, or less if part of a larger project, he shall report the violation immediately
to the appropriate state officials.
3. Abatement. When the discharge from the facility interferes significantly with the receiving streams,
and the facility fails to take appropriate actions upon notification by the Town, the Town may take
immediate and appropriate measures to control the problem whether or not the facility is violating
its NPDES perm it and recover the cost from the facility.
4. Judicial Enforcement When any person is in violation of the provisions of this chapter, the Town
Manager or his designee, through the Town attorney, may petition the superior court of justice for
the issuance of a restraining order or a preliminary and permanent injunction, which restrains or
compels the activities in question.
4-2.6 APPEAL HEARING
a. Any person assessed a civil penalty under this chapter shall have the right to a hearing before the Stormwater
Administrator upon making a written demand to Stormwater Administrator specifying the issues to be
contested, within thirty (30) days following receipt of the assessment.
b. Unless such written demand is made within the time specified herein, the action shall be final and binding.
c. The Stormwater Administrator shall make a final decision on the contested penalty within thirty (30) days of
the receipt of the written demand for a hearing.
d. The Stormwater Administrator shall transmit a copy of the decision by registered or certified mail.
e. The decision of the Stormwater Administrator shall be considered the final administrative action for the
purposes of judicial review. Any person may seek judicial review of a final administrative decision by the
Stormwater Administrator by filing a petition for writ of certiorari within thirty (30) days after receipt of
notice by registered or certified mail, but not thereafter, with the Superior Court of Forsyth County and with
a copy to Forsyth County.
4-3 Post -Construction Runoff
4-3.1 REVIEW PROCEDURES
A. Permit Required; Must Apply for Permit
A stormwater permit is required (1) for all development and redevelopment unless exempt pursuant
to this ordinance, and (2) prior to the construction of any BAP. A permit may only be issued
subsequent to a properly submitted and reviewed permit application, pursuant to this section.
B. Effect of Permit
A stormwater permit shall govern the design, installation, and construction of stormwater
management and control practices on the site, including structural BAPS and elements of site design
for stormwater management other than structural BAPS.
The permit is intended to provide a mechanism for the review, approval, and inspection of the
approach to be used for t he management and control of stormwater for the development or
redevelopment site consistent with the requirements of this ordinance, whether the approach consists
of structural BAPS or other techniques such as low -impact or low -density design. The permit does
not continue in existence indefinitely after the completion of the project; rather, compliance after
project construction is assured by the maintenance provisions of this ordinance.
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C. Authority to File Applications
All applications required pursuant to this Code shall be submitted to the Stormwater Administrator
by the land owner or the land owner's duly authorized agent.
D. Establishment of Application Requirements, Schedule, and Fees
1. Application Contents and Form
The Stormwater Administrator shall establish requirements for the content and form of al I
applications and shall amend and update those requirements from time to time. At a minimum, the
stormwater permit application shall describe in detail how post -development stormwater runoff will
be controlled and managed, the design of all sto rmwater facilities an d practices, and how the
proposed project will meet the requirements of this ordinance.
2. Submission Schedule
The Stormwater Administrator shall establish a submission schedule for applications. The schedule
shall establish deadlines by which complete applications must be submitted forthe purpose of
ensuring -that there is adequate time to review applications; and that the various stages in the review
process are accommodated.
3. Permit Review Fees
The Board of Alderman of the Town of Kernersville shall establish permit review fees as well as
policies regarding refund of any fees upon withdrawal of an application, and may amend and update
the fees and policies from time to time.
4. Administrative Manual
For applications required under this Code, the Stormwater Administrator shall compile the
application requirements, submission schedule, fee schedule, a copy of this ordinance, and
information on how and where to obtain the Design Manual in an Administrative Manual, which
shall be made available to the public.
E. Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the application
submittal schedule in the form established by the Stormwater Administrator, along with the
appropriate fee established pursuant to this section.
An application shall be considered as ti mely submitted only when it contains all elements of a
complete application pursuant to this ordinance, along with the appropriate fee. If the Stormwater
Administrator finds that an application is incomplete, the applicant shall be notified of the deficient
elements and shall be provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall n of suffice to meet a d eadline contained in the
submission schedule established above.
F. Review
Within thirty (30) working days after a complete application is submitted, the Stormwater
Administrator shall review the application and determine whether the application complies with the
standards of this ordinance. The StormwaterAdministrator may consult with the Stormwater Review
Committee regarding applications and make such written findings and recommendations as the
Stormwater Administrator and the Stormwater Review Committee deem appropriate.
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1. Approval
If the Stormwater Administrator finds that the application complies with the standards of this
ordinance, the Stormwater Administrator shall approve t he application. The Stormwater
Administrator may impose conditions of approval as n ceded to en sure compliance with this
ordinance. The conditions shall be included as part of the approval.
2. Fails to Comply
If the Stormwater Administrator finds that the application fails to comply with the standards of this
ordinance, the Stormwater Administrator shall notify the app licant and shall indicate how the
application fails to comply. The applicant shall have an opportunity to submit a revised application.
3. Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater Administrator within thirty
(30) working days after its re -submittal and shall be approved, approved with conditions or
disapproved.
If a rev ised application is not re -submitted within thirty (30) calendar days from the date th e
applicant was notified, the application shall be considered withdrawn, and a new submittal for the
same or substantially the same project shall be required along with the appropriate fee.
One re -submittal of revised application may be submitted without payment of an additional permit
review fee. Any re -submittal after the first re -submittal shall be accompanied by a permit review fee
additional fee, as established pursuant to this ordinance.
4-3.2 APPLICATIONS FOR APPROVAL
A. Concept Plan and Consultation Meeting
At least two weeks prior to th e submittal of a stormwater management permit application; the
developer shall request a consultation on a concept plan for the post -construction stormwater
management system to be utilized in the proposed development project. This consultation meeting
shall take place at the tim e of the preliminary plan of subdivision or other early step in the
development process. The purpose of this meeting is to discuss the post -construction stormwater
management measures necessary for the proposed project, as wel I as t o discuss and assess
constraints, opportunities and potential approaches to sto rmwater management designs before
formal site design engineering is commenced. Local watershed plans, the Kernersville Development
Plan and other relevant resource protection plans may be consulted in the discussion of the concept
plan.
To accomplish this goal the following information should be included in the concept plan, which
should be submitted in advance of the meeting:
Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing
and proposed topography; perennial and intermittent streams; mapping of predominant soils from
soil surveys (when available); boundaries of existing predominant vegetation and proposed limits
of clearing and grading; and location of existing and proposed roads, buildings, parking areas and
other impervious surfaces.
Natural Resources Inventory
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A written or graphic inventory of the natural resources at the site and surrounding area as it exists
prior to the commencement of the project. This description should include a discussion of soil
conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas on the
site, as well as the location and boundaries of other natural feature protection and conservation areas
such as lakes, ponds, tloodplains, stream buffers and other setbacks (e.g., drinking water well
setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive
features that provide particular opportunities or constraints for development.
3. Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post -development stormwater management
system including: preliminary selection and location of proposed structural stormwater controls;
low impact design elements; location of existing and proposed conveyance systems such as grass
channels, swales, and stonn drains; flow paths; location of floodplain/floodway limits; relationship
of site to upstream and downstream properties and drainages; and preliminary location of proposed
stream channel modifications, such as bridge or culvert crossings.
B. Stormwater Management Permit Application
The stormwater management permit application shall detail how post -development stormwater
runoff will be controlled and managed and how the proposed project will meet the requirements of
this ordinance, including Section 4-1.11(A). All such plans shall be prepared by a qualified
registered North Carolina professional engineer, surveyor, soil scientist or landscape architect, and
the engineer, surveyor, soil scientist or landscape architect shall perform services only in their area
of competence, and shall verify that the design of all stormwater management facilities and practices
meets the submittal requirements for complete applications, that the designs and plans are sufficient
to comply with applicable standards and policies found in the Design Manual, and that the designs
and plans ensure compliance with this ordinance.
The submittal shall include all of the information required in the submittal checklist established by
the Stormwater Administrator. Incomplete submittals shall be rejected.
C. As -Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant
shall certify that the completed project is in accordance with the approved stormwater management
plans and designs, and shall submit actual "as built" plans for all stormwater management facilities
or practices after final construction is completed.
The plans shall show the final design specifications for all stormwater management facilities and
practices and the field location, size, depth, and planted vegetation of all measures, controls, and
devices, as installed. The designer of the stormwater management measures and plans shall certify,
under seal, that the as -built stormwater measures, controls, and devices are in compliance with the
approved stormwater management plans and designs and with the requirements of this ordinance.
A final inspection and approval by the Stormwater Administrator shall occur before the release of
any performance surety.
D. Other Permits
No certificate of compliance or occupancy shall be issued by the Town of Kemersville Community
Development Department without final as -built plans and a final inspection and approval by the
Stormwater Administrator, except where multiple units are served by the stormwater practice or
facilities, in which case the Town of Kemersville Community Development Department may elect
to withhold a percentage of permits or certificates of occupancy until as -built plans are submitted
and final inspection and approval has occurred.
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4-3.3 APPROVALS
A. Effect of Approval
Approval authorizes the applicant to go forward with only the specific plans and activity authorized
in the permit. The approval shall not be construed to exempt the applicant from obtaining other
applicable approvals from local, state, and federal authorities.
B. Time Limit/Expiration
An approved plan shall become null and void if the applicant has failed to make substantial progress
on the site within one year after th e date of approval. The Stormwater Administrator may grant a
single extension of this time limit of up to one-year, for good cause shown, upon receiving a written
request from the applicant before the expiration of the approved plan. Good cause for an extension
shall include, but not be limited to, weather conditions, and Acts of God. For any development
approval that is current and valid at any point during the period beginning January I, 2008, and
ending December 3 I, 2011, the running of the period of the development approval and any
associated vested right under G.S. 153A-344.1 or G.S. 160A-385.1 is suspended during the period
beginning January 1, 2008, and ending December 31, 2011.
In granting an extension, the Stormwater Administrator may require compliance with standards
adopted since the original application was submitted unless there has been substantial reliance on
the original permit and the change in standards would infringe the applicant's vested rights.
4-3.4 APPEALS
A. Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or determination relating to the
interpretation or application of this ordinance and made by the Stormwater Administrator may file
an appeal to the Board of Adjustment within 30 days.
B. Filing of Appeal and Procedures
Appeals shall be taken within the specified time period by filing a notice of appeal and specifying
the grounds for appeal on forms provided by the Town of Kernersville. The Stormwater
Administrator shall forthwith transmit to the Board of Adjustment all documents constituting the
record on which the decision appealed fi•om was taken.
The hearing conducted by the Board of Adjustment shall be conducted in the nature of a quasi-
judicial proceeding with all findings of fact supported by competent, material evidence.
C. Review by Superior Court
Every decision of the Board of Adjustment shal I be subject to Superior Court review by proceedings
in the nature of certiorari. Petition for review by the Superior Court shall be'led with the Clerk of
Superior Court within thirty (30) days after the latter of the following:
(1) The decision of the Board of Adjustment is filed; or
(2) A written copy thereof is delivered to every aggrieved party who has filed a written request for
such copy with the Chair of the Board of Adjustment at the time of its hearing of the case.
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4-3.5 GENERAL STANDARDS
All development and redevelopment to which this ordinance applies shall comply with the standards of this
section.
4-3.6 DEVELOPMENT STANDARDS FOR LOW -DENSITY PROJECTS
Low -density projects shall comply with each of the following standards:
A. Stormwater runoff from the development shall be transported from the development by
vegetated conveyances to the maximum extent practicable.
B. All built -upon area shall be at a minimum of 30 feet landward of all perennial and intennittent
surface waters. A perennial or intermittent surface water shall be present if the feature is
approximately shown on either the most recent version of the soil survey map prepared by the
Natural Resources Conservation Service of the United States Department of Agriculture or the
most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared
by the United States Geologic Survey (USGS). An exception to this requirement may be
allowed when surface waters are not present in accordance with the provisions of 15A NCAC
2B .0233 (3)(a) or similar site -specific determination made using Division -approved
methodology, or where no practical alternative exists (Note: A lack of practical alternatives
may be sh own 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.
(ii) Stormwater management facilities and ponds, and utility construction and
maintenance corridors for utilities such as water, sewer or gas.
(iii) 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. 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;
(iv) Stream restoration projects, scientific studies, stream gauging, water wells,
passive recreation facilities such as bo ardwalks, trails, p athways, historic
preservation and archaeological activities, provided that th ey are d esigned,
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; and
(v) Stream crossings associated with timber harvesting, if performed in
accordance with the Forest Practices Guidelines Related to Water Quality (15A
NCAC 1J .0201-.0209).
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C. The approval of the stormwater permit shall require an enforceable restriction on property usage
that runs with the land, such as a recorded deed restriction or protective covenants, to ensure
that future development and redevelopment maintains the site consistent with the approved
project plans.
4-3.7 DEVELOPMENT STANDARDS FOR HIGH -DENSITY PROJECTS
High -density projects shall implement stormwater control measures that comply with each of the following
standards:
A. The measures shall utilize engineered stormwater controls to control runoff from the first
inch of rainfall. Runoff volume drawdown time shall be a minimum of 24 hours, but not
more than 120 hours.
B. All structural stormwater treatment systems used to meet the requirements of the program
shall be designed to have a minimum of 85% average annual removal for Total Suspended
Solids;
C. General engineering design criteria for all projects shall be in accordance with 15A NCAC
2H .1008(c), as explained in the Design Manual;
D. All built -upon area shall be at a minimum of 30 feet landward of all perennial and
intermittent surface waters unless the area is used solely for access by emergency vehicles
or is part of a railroad crossing. A surface water shall be deemed present if the feature is
approximately shown on either the most recent version of the soil survey map prepared by
the Natural Reso urces Conservation Service of t he United States Department of
Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle
topographic maps prepared by the United States Geologic Survey (USGS). An exception
to this requirement may be allowed when surface waters are not present in accordance with
the provisions of 15A NCAC 2B .0233 (3)(a) or similar site -specific determination made
using Division -approved methodology, or where no practical alternative exists (Note: A
lack of practical alternatives may be s hown 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 hab itat, 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.
(ii) Stormwater management facilities and ponds, and utility construction and
maintenance corridors for utilities such as water, sewer or gas.
(iii) A corridor for the construction and maintenance of utility lines, such as
water, sewer or gas, (including access roads and stockpiling of materials) rurming
parallel to the stream. 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;
(iv) Stream restoration projects, scientific studies, stream gauging, water wells,
passive recreation facilities such as bo ardwalks, trails, p athways, historic
Unified Development Ordinance 431 Chapter C Article IV

preservation and archaeological activities, provided that th ey are d esigned,
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; and
(v) Stream crossings associated with timber harvesting, if performed in
accordance with the Forest Practices Guidelines Related to Water Quality (15A
NCAC 1J .0201-.0209).
E. The approval of the stormwater permit shall require an enforceable restriction on property
usage that runs with the land, such as recorded deed restrictions or protective covenants, to
ensure that future development and redevelopment maintains the site consistent with the
approved project plans.
4-3.8 STANDARDS FOR STORMWATER CONTROL MEASURES
A. Evaluation According to Contents of Design Manual
All stormwater control measures and stormwater treatment practices (also referred to as Best
Management Practices, or BMPs) required under this ordinance shall be evaluated by the
Stormwater Administrator according to the policies, criteria, and information, including technical
specifications and standards and the specific design criteria for each stormwater practice, in the
Design Manual. The Stormwater Administrator shall determine whether they will be adequate to
meet the requirements of this ordinance.
B. Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and maintained in accordance with
the criteria and specifications in the Design Manual will be presumed to meet the minimum water
quality and quantity performance standards of this ordinance. Whenever an applicant proposes to
utilize a practice or practices not designed and constructed in accordance with th e criteria and
specifications in the Design Manual, the applicant shall have the burden of demonstrating that the
practice(s) will satisfy th e minimum water quality and quantity performance standards of this
ordinance. The StormwaterAdministrator may require the applicant to provide such documentation,
calculations, and examples as necessary for the Stormwater Administrator to determine whether
such an affirmative showing is made.
4-3.9 VARIANCES
Any person may petition the Town of Kernersville for a variance granting permission to use the
person's land in a manner otherwise prohibited by this ordinance. To qualify for a variance, the
petitioner must show all of the following:
Unnecessary hardships would result from strict application of this ordinance.
The hardships result from conditions that are peculiar to the property, such as the location, size, or
topography of the property.
The hardships did not result from actions taken by the petitioner.
The requested variance is consistentwith the spirit, purpose, and intent of this ordinance; will secure
public safety and welfare; and will preserve substantial justice.
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The Town of Kernersville may impose reasonable and appropriate conditions and safeguards upon
any variance it grants.
4-3.10 RESERVED
4-3.11 GENERAL STANDARDS FOR MAINTENANCE
A Function of BMPs As intended
The owner of each structural BAP installed pursuant to this ordinance shall maintain and operate it
so as to preserve and continue its function in controlling stormwater quality and quantity at the
degree or amount of function for which the structural BAP was designed.
B. Annual Maintenance Inspection and Report
The person responsible for maintenance of any structural BAP installed pursuant to this ordinance
shall submit to the Stormwater Administrator an inspection report from a qualified registered North
Carolina professional engineer, surveyor, soil scientist or landscape architect performing services
only in their area of competence. The inspection report shall contain all of the following:
(1) The name and address of the land owner•,
(2) The recorded book and page number of the lot of each structural BHP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing properly and are
in compliance with the terms and conditions of the approved maintenance agreement
required by this ordinance,
(6) The original signature and seal of an engineer, surveyor, soil scientist or landscape
architect who either has adequate training in BMP maintenance or has been certified to
maintain BMPs.
(7) Homeowner's and other associations required in Section 4-3.12(B) to enter into
an operation and maintenance agreement shall include a financial statement certifying
compliance with the escrow account requirements therein.
All inspection reports shall be on forms supplied by the Stormwater Administrator. An original
inspection report shall be provided to the Stormwater Administrator beginning one year from the
date of as -built certification and each year thereafter on or before the date of the as -built certification.
4-3.12 OPERATION AND MAINTENANCE AGREEMENT
A. In General
Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP
pursuant to this ordinance, and prior to issuance of any permit for development or redevelopment
requiring a structural BMP pursuant to this ordinance, the applicant or owner of the site must
execute an operation and maintenance agreement that slial I be binding on al I subsequent owners of
the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference
of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have
primary responsibility for carrying out the provisions of the maintenance agreement.
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The operation and maintenance agreement shall require the owner or owners to maintain, repair- and,
if necessary, reconstruct the structural BAP, and shall state the terms, conditions, and schedule of
maintenance for the structural BAP. In addition, it shall grant to the Town of Kernersville a right
of entry in the event that the Stormwater Administrator has reason to believe it has become necessary
to inspect, monitor, maintain, repair, or reconstruct the structural BAP; however, in no case shall
the right of entry, of itself, confer an obligation on the Town of Kernersville to assume responsibility
for the structural BAP.
The operation and maintenance agreement must be approved by the Stormwater Administrator prior
to plan approval, and it shall be referenced on the final plat and shall be recorded with the county
Register of Deeds upon final plat approval. A copy of the recorded maintenance agreement shall be
given to the Stormwater Administrator within fourteen (14) days following its recordation.
B. Special Requirement for Homeowners' and Other Associations
For all structural BAPS required pursuant to this ordinance and that are to be or are owned and
maintained by a homeowners' association, property owners' asso ciation, or sim ilar entity, the
required operation and maintenance agreement shall include all of the following provisions:
(1) Acknowledgment thatthe association shall continuously operate and maintain the
stormwater control and management facilities.
(2) Establishment of an esc row account, which can be spent solely for se diment
removal, structural, biological or vegetative replacement, major repair, or reconstruction
of the structural BAPS. Tf structural BAPS are not performing adequately or as intended
or are not properly maintained, the Town ofKernersviIle in its sole discretion, may remedy
the situation, and in such instances the Town of Kernersville shall be fully reimbursed from
the escrow account. Escrowed funds may be spent by the association for sediment removal,
structural, biological or vegetative replacement, major repair, and reconstruction of the
structural BAPS, provided that the Town of Kern ersville shall first consent to th e
expenditure. Escrowed funds shall not be spent for routine landscaping maintenance items
such as mowing.
(3) Requirement of both developer contribution and annual sinking funds to fund the
escrow account. Prior to plat recordation or issuance of construction permits, whichever
shall first occur, the developer shall pay into the escrow account an amount equal to
fifteen (15) per cent of the initial construction cost of the structural BAPS. Two-
thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow
account within the first five (5) years and the full amount shall be deposited within ten (10)
years following initial construction of the structural BAPs. Funds shall be deposited each
year into the escrow account. A portion of the annual assessments of the association shall
include an allocation into the escrow account. Any funds drawn down from the escrow
account shall be replaced in accordance with the schedule of anticipated work
used to create the sinking fund budget.
(4) Requirement that the association is formed and the association bylaws are
submitted to the Town prior to the conveyance or transfer of any lot, unit or building site.
(5) Grant to the Town of Kernersville a right of entry to inspect, monitor, maintain,
repair, and reconstruct structural BAPs.
(6) Authorization for the Town of Kernersville to recover- from the association and
its members any and all costs the Town of Kernersville expends to maintain or repair the
structural BAPs or to corre ct any operational deficiencies. Failure to pay the Town of
Kernersville all of its expended costs, after forty-five days written notice, shall constitute
a breach of the agreement. The Town of Kernersville shall thereafter be entitled to bring
Unified Development Ordinance 434 Chapter C Article IV

an action against the association and its members to pay, or foreclose upon the lien hereby
authorized by the agreement against the property, or both, in case of a deficiency. Interest,
collection costs, and attorney fees shall be added to the recovery.
(7) A statement that this agreement shall not obligate the Town of Kernersville to
maintain or repair any structural BMPs, and the Town of Kcmersville shall not be liable
to any person for the condition or operation of structural BMPs.
(8) A statement that this agreement shall not in any way diminish, limit, or restrict
the right of the Town of Kernersville to enforce any of its ordinances as authorized by law.
(9) A clause indemnifying and holding harmless the Town of Kernersville for any
costs and injuries arising from or related to the structural BMP, unless the Town of
Kernersville has agreed in writing to assume the maintenance responsibility for the BMP
and has accepted dedication of any and all rights necessary to carry out that maintenance.
4-3.13 INSPECTION PROGRAM
Inspections and inspection programs by the Town of Kernersville may be conducted or established
on any reasonable basis, including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations; and joint inspections with
other agencies inspecting under environmental or safety laws. Inspections may include, but are not
limited to, reviewing maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in BMPs; and evaluating the condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the Stormwater
Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or
its successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator
while carrying out his or her official duties.
4-3.14 PERFORMANCE SURETY FOR INSTALLATION AND MAINTENANCE
A. May Be Required
The Town of Kernersville may, at its discretion, require the submittal of a performance surety prior
to issuance of a permit in order to ensure that the structural BMPs are:
(1) Installed by the permit holder as required by the approved stormwater management plan,
and/or
(2) Maintained by the owner as required by the operation and maintenance agreement.
B Amount
Instal Iation
The amount of an installation performance surety shall be 100% of the total estimated construction
cost of the BMPs approved under the permit.
2. Maintenance
The amount of a maintenance performance surety shall be the present value of an annuity of
perpetual duration based on a reasonable estimate of the annual cost of inspection, operation and
maintenance of the BMPs approved under the permit, at a discount rate that reflects the jurisdiction's
cost of borrowing minus a reasonable estimate of long term inflation.
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C. Uses of Performance Surety
Forfeiture Provisions
The performance surety shall contain forfeiture provisions for failure to complete work within the
time specified, or to initiate or maintain any actions which may be required of the applicant or owner
in accordance with this ordinance, approvals issued pursuant to this ordinance, or an operation and
maintenance agreement established pursuant to this ordinance.
Default
Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any structural
BAP in accordance with the applicable perm it or operation and maintenance agreement, the
Stormwater Administrator shal I obtain and use all or any portion of the performance surety to make
necessary improvements based on an engineering estimate. Such expenditure of funds shall only be
made after requesting the owner to comply with the permit or maintenance agreement. In the event
of a default triggering the use of installation performance surety, the Town of Kernersville shall not
return any of the unused performance surety, which shall be retained for maintenance.
Costs in Excess of Performance Surety
If The Town of Kernersville takes action upon such failure by the applicant or owner, the Town of
Kernersville may collect from the applicant or owner for the difference should the amount of the
reasonable cost of such action exceed the amount of the performance surety held.
Refund
Within sixty days of the final approval, the installation performance surety shall be refunded to the
applicant or terminated, with the exception of any amount attributable to the cost (plus 25%) of
landscaping installation and ongoing maintenance associated with the BMPs covered by the surety.
Any such landscaping shall be inspected one (1) year after i nstallation with replacement for
compliance with the approved plans and specifications and, if in compliance, the portion of the
performance surety attributable to landscaping shall be released.
4-3.15 NOTICE TO OWNERS
A. Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement pertaining to every structural BHP shall be
referenced on the final plat and shall be recorded with the county Register of Deeds upon final plat
approval. If no subdivision plat is recorded for the site, th en the operations and maintenance
agreement shall be recorded with the county Register of Deeds so as to appear in the chain of title
of all subsequent purchasers under generally accepted searching principles.
B. Signage
Where appropriate in the determination of the Stormwater Administrator to assure compliance with
this ordinance, structural BAPS shall be posted with a conspicuous sign stating who is responsible
for required maintenance and annual inspection. The sign shall be maintained so as to remain visible
and legible.
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4-3.16 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for
at least five years from the date of creation of the record and shall submit the same upon reasonable
request to the Stormwater Administrator.
4-3.17 NUISANCE
The owner of each stormwater BHP, whether structural or non-structural BHP, shall maintain it so
as not to create or result in a nuisance condition.
4-3.1 S GENERAL STANDARDS FOR ENFORCEMENT AND VIOLATIONS
A. Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater Administrator, his or her
designee, or any authorized agent of the Town of Kernersville. Whenever this section refers to the
Stormwater Administrator, it includes his or her designee as well as any authorized agent of Town
of Kernersville.
B. Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed
by this ordinance, or the terms or conditions of any permit or other development or redevelopment
approval or authorization granted pursuant to this ordinance, is unlawful and shall constitute a
violation of this ordinance.
C. Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct violation or offense.
D. Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to
erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition in
violation of this ordinance shall be subject to the remedies, penalties, and/or enforcement actions in
accordance with this section. Persons subject to the remedies and penalties set forth herein may
include any architect, engineer, builder, contractor, developer, agency, or any other person who
participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes
a violation of this ordinance, or fails to take appropriate action, so that a violation of this ordinance
results or persists; or an owner, any tenant or occupant, or anv other person, who has control over,
or responsibility for, the use or development of the property on which the violation occurs.
For the purposes of this article, a responsible person(s) shall include the owner of the land on which
the violation occurs, any tenant or occupant of the property, any person who is responsible for
stormwater controls or practices pursuant to a private agreement or public document, or any person,
who has control over, or responsibility for, the use, development or redevelopment of the property.
A responsible person(s) may also include, but not be limited to an architect, engineer, builder,
contractor, developer, agency, or any other person who participates in, assists, directs, creates,
causes, maintains or does not correct a condition that constitutes a violation of this ordinance, or
fails to take appropriate action, resulting in a continuing violation.
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4-3.19 REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this ordinance, whether civil or criminal, shall
be cumulative and in addition to any other remedy provided by law, and may be exercised in any
order.
A. Remedies
1. Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to iss ue a ce rtificate of
occupancy for the building or other improvements constructed or being constructed on the site and
served by the stormwater practices in question until the applicant or other responsible person has
taken the remedial measures set forth in the notice of violation or has otherwise cured the violations
described therein.
2. Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this ordinance continues and remains uncorrected, the Stormwater
Administrator shall inform the zoning officer(s) and other development officials and request that all
permits or development approvals or authorizations provided for by this ordinance or the zoning,
subdivision, and/or building regulations, be delayed or denied, as appropriate, for the land on which
the violation occurs until the corrective actions have been completed
Injunction, Abatements, etc.
The StormwaterAdministrator, with the written authorization of the Board of Alderman of the Town
of Kernersville may institute an action in a court of competent jurisdiction for a man datory or
prohibitory injunction and order of abatement to correct a violation of this ordinance. Any person
violating this ordinance shall be subject to the full range of eq uitable remedies provided in th e
General Statutes or at common law.
Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or public safety and is within
the geographic lim its prescribed by North Carolina G.S. § 160A-193, the StormwaterAdministrator,
with the written authorization of the Board of Alderman of the Town of Kernersville may cause the
violation to be corrected and the costs to be assessed as a lien against the property.
Stop Work Order
The StormwaterAdministrator may issue a stop work order to the person(s) violating this ordinance.
The stop work order shall remain in effect until the person has taken the remedial measures set forth
in the notice of violation or has otherwise cured the violation or violations described therein. The
stop work order may be withdrawn or modified to enable the person to take the necessary remedial
measures to cure such violation or violations.
B. Civil Penalties
Violation of this ordinance may subject the violator to a civil penalty to be recovered in a civil action
in the nature of a debt if the violator does not pay the penalty within 30 days after notice of the
violation is issued by the StormwaterAdministrator. Civil penalties may be assessed up to the full
amount of penalty to whic h the Town of Kernersville is subject for violations of its Phase Ii
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Stormwater permit and shall be included annually in the Statement of Fees and Charges adopted by
the Board of Aldermen.
C. Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to the maxirmmni fine
permissible under North Carolina law.
4-3.20 PROCEDURES
A. Initiation/Complaint
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file
a written complaint. Such complaint shall state fully the alleged violation and the basis thereof, and
shall be filed with the Stormwater Administrator, who shall record the complaint. The complaint
shall be investigated promptly by the Stormwater Administrator.
B. inspection
The Stormwater Administrator shall have the authority, upon presentation of proper credentials, to
enter and inspect any land, building, structure, or premises to ensure compliance with this ordinance.
C. Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or land is in violation of this
ordinance, the StormwaterAdministrator shall notify, in writing, the property owner or other person
violating this ordinance. The Stormwater Administrator may consult with the Stormwater Review
Committee regarding such violations prior to making a determination regarding whether a violation
exists and the type of correction needed. The notification to the property owner or other person
violating this ordinance shall indicate the nature of the violation, contain the address or other
description of the site upon which the violation is occurring, order the necessary action to abate the
violation, and give a deadline for correcting the violation. If civil penalties are to be assessed, the
notice of violation shall also contain a statement of the civil penalties to be assessed, the time of
their accrual, and the time within which they must be paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and correction order personally,
by the Kernersville Police Department or appropriate Sheriff's department, by certified or registered
mail, return receipt requested, or by any means authorized for the service of documents by Rule 4
of the North Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as provided in the notification, the
Stormwater Administrator may take appropriate action under this ordinance to correct and abate the
violation and to ensure compliance with this ordinance.
D. Extension of Time
A person who receives a notice of violation and correction order, or the owner of the land on which
the violation occurs, may submit to the Stormwater Administrator a written request for an extension
of time for correction of the violation. On determining that the request includes enough information
to show that the violation cannot be corrected within the specified time limit for reasons beyond the
control of the person requesting the extension, the Stormwater Administrator may extend the time
limit as is reasonably necessary to allow timely correction of the violation, up to, but not exceeding
60 days. The Stormwater Administrator may grant 30 day extensions in addition to the foregoing
extension if the violation cannot he corrected within the permitted time due to circumstances beyond
the control of the person violating this ordinance. The Stormwater Administrator may grant an
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extension only by written notice of extension. The notice of extension shall state the date prior to
which correction must be made, after which the violator will be subject to the penalties described in
the notice of violation and correction order.
E. Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s) if authorized by the
Stormwater Administrator, the Stormwater Administrator shall determine ifth e violation is
corrected. If the violation is not corrected, the Stormwater Administrator may act to impose one or
more of the remedies and penalties authorized by this ordinance.
F. Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective enforcement of this ordinance
or pose an immediate danger to the public health, safety, or welfare, then the Stormwater
Administrator may order the immediate cessation of a violation. Any person so ordered shall cease
any violation immediately. The Stormwater Administrator may seek immediate enforcement,
without prior written notice, through any remedy or penalty authorized by this article.
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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 andresidents
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 ofKernersville, 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 Community
Development Department, 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.
3-15 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 fancily 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) orrequirement(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 plural,
Unified Development Ordinance 374 Chapter C Article III

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-UPN AREA. "built -upon area" means impervious surface and partially impervious surface to the
extent that the partially impervious surface does not allow water to infiltrate through the surface and into
the subsoil. 'Built -upon area" does not include a slatted deck; the water area of a swimming pool; a
surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at
least four inches thick over a geotextile fabric; or a trail as defined in G.S. 113A-85 that is either
unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001
centimeters per second (1.41 inches per hour)."
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.
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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
residential purposes and does not change the character thereof. Home occupations shall meet all standards
imposed by the Zoning Ordinance, Section 2-6.4(D).
DEVELOPMENT. Any land disturbing activity which adds to or changes the amount of impervious or
partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into
the soil.
DISCHARGING LANDFILL. A facility with liners, monitoring equipment and other measures to detect
and/or prevent leachate from entering the environment and in which the leachate is treated on site and
discharged to a receiving stream.
DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities for
one family.
ENGINEER. A person licensed to practice engineering in the State of North Carolina.
EXCEPTION, MINOR. Permission to use property granted by the Watershed Review Committee,
involving the relaxation of a watershed management requirement by a factor of less than ten percent (10%).
EXCEPTION, MAJOR. Permission to develop or use property reviewed by the Watershed Review
Committee, after approval by the North Carolina Environmental Management Commission that results in
any one or more of the following:
(A) The complete waiver of a management requirement;
(B) The relaxation, by a factor of more than ten percent (10%), of any management requirement
expressed in the form of a numerical standard; or,
(C) The relaxation of any management requirement that applies to a development proposal intended to
qualify under the high density option.
EXISTING DEVELOPMENT.
(A) Those projects that, as of July 1, 1993, have been built or for which there has been obtained
preliminary approval for residentially developed subdivisions, or those projects that have been
established as having a vested right under North Carolina zoning law as of the effective date of this
Ordinance based on at least one of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance
upon having received a valid local government approval to proceed with the project;
(2) Having an outstanding valid building permit as authorized by the General Statutes (160A-
385.1); or,
(3) Having expended substantial resources (time, labor, money) and having an approved
preliminary plat, site specific or phased development plan as authorized by the General
Statutes (153A-344.1 and 160A-385.1).
(B) Should any property owner, agent, or anyone or entity acting on behalf of a property owner, destroy,
remove, alter, or otherwise modify evidence of an "existing development" prior to an on -site
inspection, and written acknowledgment, by the Watershed Adm inistrator, said property, or portion
thereof, so destroyed, removed, altered or otherwise modified, shall be excluded from consideration
as an "existing development" by the Watershed Administrator.
EXISTING LOT (LOT OF RECORD). A lot which is part of a subdivision, a plat of which has been
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recorded in the Office of the Register of Deeds prior to the adoption of this Ordinance, or a lot described by
metes and bounds, the description of which has been so recorded prior to the adoption of this Ordinance.
FAMILY. One or more persons occupying a single dwelling unit, related by blood, marriage or adoption,
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 Permit & Enforcement
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.
GEOTEXTILE FABRIC. Getextile fabric means a permeable geosynthetic comprised solely of non -
biodegradable textiles.
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.
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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.
PERENNIAL WATERS. 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.
PERFORMANCE BOND. A guarantee against loss or damage from one's failure to perform, and a tangible
guarantee of performance or the fulfillment of an obligation. The following must be included in any
Performance Bond accepted by the Town of Kernersville and considered as such within this ordinance.
(A) Entity issuing the Performance Surety must be licensed to do business in the State of North Carolina
and state its preferred correspondence address within the Performance Surety.
(B) The Performance Surety must be issued in favor of the Town of Kernersville (obligee) for a specified
amount.
(C) The Performance Surety shall clearly indicate the obligation within the document.
(D) The Performance Surety shall clearly indicate principal's full intent to perform.
(E) The Performance Surety shall state the surety shall stay in full force and effect until obligee notifies
principal that all obligations stated within the Performance Surety have been satisfied in their
entirety.
PERFORMANCE SURETY. A guarantee against loss or damage from one's failure to perform and a
physical or financial guarantee for the fulfillment of an obligation. Performance Sureties may be in the form
of Standby Letters of Credit, Performance Bonds, and Cash.
PLAT. A map or plan of a parcel of land which is to be, or has been subdivided.
PROTECTED AREA. The area adjoining and upstream of the critical area in a WS-IV water supply in
which protection measures are required. The boundaries of the protected areas extend five (5) miles upstream
and draining to water supply reservoirs (measured from the normal pool and draining to the intake located
directly in the stream or river (run of the river), or to the ridge line of the watershed (whichever comes first).
RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached single-family
dwellings, apartment complexes, condominiums, townhouses, cottages, etc. and their associated outbuildings
such as garages, storage buildings, gazebos, etc. and customary home occupations.
RIPARIAN AREA. Riparian area means an area that is adjacent to a body of water.
SINGLE FAMILY RESIDENTIAL. Any development where:
(A) No building contains more than one dwelling unit;
(B) Every dwelling unit is on a separate lot; and,
(C) Where no lot contains more than one dwelling unit.
SITE PLAN, WATERSHED. Plans of a development proposal, prepared to scale which detail all proposed
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development, impervious areas, and other site features and which comply with all development regulations
and specifications established by the Watershed Ordinance of the Town of Kernersville.
SPECIAL INTENSIVE DEVELOPMENT ALLOCATION (SIDA). Nonresidential uses and residential
uses within the Central Kernersville Overlay, excluding the areas south of Tanyard Lane along South Cherry
Street and South Main Street; area along Oakhurst Street; area along Salisbury Street; the area west of
Oakland Street along West Mountain, of land permitted by the Board of Aldermen which have more
impervious area than the Ordinance otherwise allows. Not more than ten percent (10%) of the WS-111
watershed area, within the Town of Kernersville planning jurisdiction and outside the critical area may be
permitted for development with a maximum of seventy percent (70%) built -upon area, as set forth in Section
3-4.2 of this Ordinance.
STANDBY LETTER OF CREDIT (SBLC). An irrevocable obligation to the beneficiary indicating
payment to the beneficiary in the event of default by the account parry and/or failure to perform an obligation.
The following must be included in any SBLC accepted by the Town of Kernersville to be considered as such
within this ordinance.
(A) Entity issuing the SBLC must be licensed to do business in the State of North Carolina and state its
preferred correspondence address within the SBLC.
(B) The SBLC must be issued in favor of the Town of Kernersville (beneficiary) for a specified amount
and state the customer (account party).
(C) The SBLC must clearly state it is an irrevocable Standby Letter of Credit.
(D) The SBLC shall clearly indicate the obligation within the SBLC is for the payment of money in lieu
of performance.
(E) The SBLC must state the beneficiary has the right to draw on the SBLC from time to time upon
written demand by the beneficiary indicating account parties failure to meet their obligations.
(F) The SBLC shall state draws will be processed within a reasonable time period once beneficiary
demands a draw.
(G) The SBLC shall state the original amount maybe reduced from time to time only upon written notice
by the beneficiary to do so.
(H) The SBLC shall state the obligation shall be in full effect up to 5:00 pm on the date of expiration as
indicated within the SBLC and if said date falls on a holiday, weekend, or other day in which the
beneficiary or issuer are closed for business, the expiration day shall be the following day that both
beneficiary and issuer are open for business.
(1) The SBLC shall state the SBLC shall be automatically extended, without any formal amendment or
notice to the effect, from year to year, for successive periods of one (1) year each from the present
or any future expiration date hereof, unless the issuer notifies the beneficiary 60-days prior to such
expiration date in writing, via certified mail, return receipt requested that issuer has elected not to
renew the SBLC and beneficiary has until 5:00 pm on or before the expiration date to draw the full
amount hereunder.
STREET (ROAD). A right-of-way for vehicular traffic which affords the principal means of access to
abutting properties.
STRUCTURE. Anything constructed or erected, located above grade, which requires location on the land
or attachment to something having permanent location on the land, as defined by Chapter A, Article 11 of the
Unified Development Ordinances.
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SUBDIVIDER. Any person, firm or corporation who subdivides or develops any land deemed to be a
subdivision as herein defined.
SUBDIVISION. All divisions of a tract or parcel of land into two (2) or more lots, building sites, or other
divisions for the purpose of sale or building development (whether immediate or future) and shall include all
division of land involving the dedication of a new street or a change in existing streets; provided however,
that the following shall not be included within this definition nor be subject to the regulations authorized by
this Ordinance:
(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 Services Director, Engineer Division Manager,
Community Development Director, Stormwater Division Manager 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.
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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 nature
of a debt. No civil penalty shall be assessed until the person, firm, or corporation alleged to be in
violation has been notified of the violation b_v the Watershed Administrator. Failure to correct the
violation within thirty (30) days of the date of service of the notice, or the end of any extension
period allowed, will result in the assessment of a civil penalty or the enforcement action. For good
cause shown, the Watershed Administrator may extend the correction period. Each day of violation,
and any continuing violation, shall constitute a separate offense.
(B) In addition to other remedies provided by this Ordinance and by law, the Town of Kernersville
may institute injunction, maintenance, abatement, or any other appropriate action or actions or
proceedings to prevent, enjoin, abate, or remove anyunlawful erection, construction, reconstruction,
alternation, maintenance or use.
(C) In addition to other remedies provided by this Ordinance, the North Carolina Environmental
Management Commission shall have all power and authority to enforce this Ordinance as provided
for under North Carolina General Statute 143-215.6(a).
3-1.17 EFFECTIVE DATE
The effective date of this Ordinance is July 1, 1993 and the same shall take and be in full force and effect
thereon and thereafter.
Unified Development Ordinance 381 Chapter C Article III

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 Community Development Department
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
Unified Development Ordinance 382 Chapter C Article III

on all copies of the final plat by the following certificate and signed by the Watershed Administrator.
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.
(I-) 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
Community Development Department 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.
(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.
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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.
Unified Development Ordinance 384 Chapter C Article III

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
Community Development Department. 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 anv 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
Unified Development Ordinance 385 Chapter C Article III

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;
(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 3-32(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.
Unified Development Ordinance 386 Chapter C Article III

(i) Location of Zone 1: Zone 1 begins at the top of bank for intertnittent
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 I 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;
1131 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;
121 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;
141 Trees may not be harvested more frequently than
every 10 years; and
[51 No tracked or wheeled equipment are allowed;
[C] Horticulture or silvicultural practices to maintain the health of
individual 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 till and other
materials, other than those allowed in Section 3-3.2(C)(2) and
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387 Chapter C Article III

Section 3-3.2(C)(3)(a)(ii) of this Ordinance;
IN New development, except as provided in Section 3-
3.2(C)(2)(d), (2)(e) and (2)(f) of this Ordinance;
[C] New on -site sanitary sewage systems which use ground
absorption;
[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.
(iii) 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
Unified Development Ordinance 388 Chapter C Article III

accordance with the Forest Practices Guidelines Related to Water
Quality (15A NCAC I .0201-.0209).
(5) Maintenance of sheet flow in Zones 1 and 2 is required in accordance
with this Ttem.
(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
travelwav shall be only that needed for equipment access and operation.
The travelwav 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 Kernersville that can be served by the extended
sewer service area as illustrated in the 201 Facilities Plan Amendment dated February 2002
Unified Development Ordinance 389 Chapter C Article III

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:
(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 I is allowed to be less than 30-feet shall
be for recreational, utility/roadway crossings and other public purposes. Zone I
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 tloodplain unless
no practical alternative exist and till 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 BMW's, stream restoration, stream preservation, wetland
restoration, bottom land hardwood preservation, and open space preservation.
3-3.3 INTERPRETATION OF WATERSHED AREA BOUNDARIES
For purposes of this Ordinance, the categorization of watersheds is as follows:
WS-III-BW Balance of Watershed
WS-lV-CA Critical Area
WS-IV-BW Balance of Watershed
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;
Unified Development Ordinance 390 Chapter C Article III

(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.
(B) For purposes of calculating the built -upon areas, no area shall be included in the area required for
more than one building, nor shall any noncontiguous areas be included in the calculations.
(C) No residential structure shall hereafter be erected, moved, or structurally altered unless the same
shall be located upon a lot which conforms to the regulations herein specified.
3-3.5 EXISTING DEVELOPMENT
Existing development, as defined in this Ordinance, may be continued and maintained subject to the
provisions provided herein. Expansions to structures classified as existing development must meet the
requirements of this Ordinance; however, the impervious area of existing development shall not be included
in the impervious calculations.
(A) Single Family Vacant Residential Lots. Vacant residential lots of record for which plats or deeds
have been recorded in the Office of the Register of Deeds. Lots may be used for any permitted uses
in the watershed area in which it is located, subject to the following: Where the lot area of a
residential single family lot of record does not meet the minimum lot size specified by this
Ordinance, the Watershed Administrator nevertheless shall issue a watershed permit. This
exemption is not applicable to multiple lots under single ownership.
(B) Any single family residence existing at the time this Ordinance was adopted which has been
damaged or destroyed may be repaired, reconstructed, or enlarged.
(C) Residential construction, other than single-family residential, existing at the time this Ordinance
was adopted which has been damaged or destroyed may be repaired, reconstructed, re -designed, or
enlarged in accordance with the provisions of this Ordinance.
(D) Preexisting nonresidential buildings, for which reconstruction is desired. Existing buildings may
be repaired and/or reconstructed, or redesigned, provided the total amount of space devoted to
impervious area shall not be increased unless in conformity with this Ordinance.
(E) Maintaining impervious surface area coverage rights on existing development.
(1) Reconstruction after removal of impervious surface area due to catastrophe.
(a) Applicability
If impervious surfaces are removed as a result of fire, explosion, or other
catastrophe, and no government investigation determines that the damage resulted
from the owner's intentional conduct or gross negligence the owner of the property
has two (2) years to reestablish the impervious surface area to maintain or preserve
the existing impervious rights for that property.
(b) Approval Process
The owner can reestablish the impervious surface area conditions by covering the
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same area with any type of impervious cover including building, pavement, or
compacted gravel as long as a valid permit has been issued for the work.
Alternatively, the owner of the property may submit a request for a time extension
to the Watershed Review Committee. In order for the Committee to approve the
extension, the owner must document that there are future development intentions
for the property and that continued efforts have been made to redevelop the
property during the two (2) year period for reestablishment of the impervious
surface area. The Watershed Review Committee wil I be responsible for reviewing
documentation submitted by the property owner to verify the redevelopment
efforts and to make a determination if a time extension will be granted, as well as
the duration of the extension.
An application to request an extension shall be filed no later than one (1) month
in advance of the end of two (2) year period for reestablishment of the impervious
surface area.
(c) Appeals
Appeals of any order, requirement, decision or determination made by the
Watershed Review Committee may be made to, and decided by, the Board of
Adjustment as set forth in Section 3-7.7 of this Ordinance.
(2) Voluntary Demolition of impervious surface area.
(a) Applicability
If impervious surfaces are removed as a result of voluntary actions of the owner
of the property has one hundred eighty (180) days to reestablish the impervious
surface area to maintain or preserve the existing impervious rights for that
property.
(b) Approval Process
The owner can reestablish the impervious surface area conditions by covering the
same area with any type of impervious cover including building, pavement, or
compacted gravel as long as a valid permit has been issued for the work.
Alternatively, the owner of the property may submit a request for a time extension
to the Watershed Review Committee. In order for the Commnittee to approve the
extension, the owner must document that there are future development intentions
for the property and that continued efforts have been made to redevelop the
property during the one hundred eighty (180) day period for reestablishment of
the impervious surface area. The Watershed Review Committee will be
responsible for reviewing documentation submitted by the property owner to
verify the redevelopment efforts and to make a determination if a time extension
will be granted, as well as the duration of the extension.
An application to request an extension shall be filed no later than one (1) month
in advance of the end of the one hundred eighty (180) day period for
reestablishment of the impervious surface area.
(c) Appeals
Appeals of any order, requirement, decision or determination made by the
Watershed Review Committee may be made to, and decided by, the Board of
Adjustment as set forth in Section 3-7.7 of this Ordinance.
(3) Effective Date. The effective date of this section, Maintaining Impervious Surface Area
Coverage Rights on Existing Development, shall be February 7, 2017.
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3-3.6 WATERSHED PERMIT
(A) Permit Required. Except for a single family residence constructed on a lot deeded or platted prior
to the effective date of this Ordinance or on a lot approved in conformance with this Ordinance, no
building or built -upon area shall be erected or expanded, nor shall anv building or zoning permit be
issued, until a watershed protection permit has been issued by the Watershed Administrator. No
watershed protection permit shall be issued except in conformity with the provisions of this
Ordinance.
(B) Watershed permit applications shall be filed with the Watershed Administrator. The application
shall include a completed application form and any additional information as required by the
Watershed Administrator.
(C) Prior to issuance of a watershed permit, the Watershed Administrator may consult with the
Watershed Review Committee or other qualified personnel for assistance to determine if the
application meets the requirements of this Ordinance.
(D) A watershed permit shall expire twelve (12) months from the date of issuance unless prior thereto
a building permit or final inspection is obtained by the applicant.
3-3.7 BUILDING PERMIT REQUIRED
Except for a single family residence constructed on a lot deeded or platted prior to the effective date of this
Ordinance or on a lot approved in conformance with this Ordinance, no permit required under the North
Carolina State Building Code shall be issued for any activity for which a watershed protection permit is
required until the latter permit has been issued.
3-3.8 FINAL WATERSHED INSPECTION
(A) Except for a single family residence constructed on a lot deeded or platted prior to the effective
date of this Ordinance or on a lot approved in conformance with this Ordinance, but prior to
occupancy or use of any erected, altered, or moved structure, the Watershed Administrator shall
have first made a final inspection and certify that all requirements of this Ordinance have been met.
(B) Before expanding any impervious area of an existing project, the Watershed Administrator shall
first issue a watershed permit certifying that all requirements of this Ordinance have been met.
(C) If any watershed permit is denied, the Watershed Administrator shall notify the applicant in
writing stating the reasons for denial.
3-3.9 SPECIAL INTENSIVE DEVELOPMENT ALLOCATION (SIDA)
(A) The Board of Aldermen, upon recommendation by the Watershed Review Committee, may grant
Special Intensive Development Allocation (SIDA), which permit the development, on a project by
project basis, of ten percent (10%) of the WS-111 watershed land area (outside the critical area)
within the Kernersville Planning jurisdiction up to a maximum of seventy (70%) impervious
coverage.
(B) Applicants who request SIDA's must submit applications which utilize engineered storm water
controls to control runoff from the first inch of rainfall, minimize impervious area, direct storm
water to detention ponds, and meet other performance criteria as established by Section 3-3.9 ofthis
Ordinance.
(C) Upon receipt of a SIDA request by an applicant, the Watershed Administrator shall request
review of the proposal by the Watershed Review Committee as established by Section 3-7.2 of this
Ordinance. Upon recommendation by the Watershed Review Committee, the Board of Aldermen
Unified Development Ordinance 393 Chapter C Article III

shall approve or deny the request. If the request is denied, the applicant may redesign and resubmit
the request.
(D) The Watershed Review Committee shall use the following performance criteria to evaluate
requests for SIDA's. Projects must have a point score of at least two hundred (200) to qualify for a
SIDA. A public building qualifies for SIDA consideration.
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
S 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.
3-4 LOW DENSITY DEVELOPMENT REGULATIONS
Low density development must meet the requirements of this Section. Development exceeding these
standards must meet the requirements in Section 3-5 High Density Development Regulations, of this
Ordinance.
3-4.1 LOW DENSITY DEVELOPMENT STANDARDS
(A) Low density single family detached residential developments shall not exceed two (2)
dwelling units per gross acre unless permitted using the low density option.
Single family detached residential developments created, after April 3, 2001, that use the
low density option shall:
Unified Development Ordinance 394 Chapter C Article III

(1) Not exceed twenty four percent (24%) built upon area.
(2) Indicate the allowable built upon area for each lot on the final plat and in the
restrictive covenants.
(3) Reserve Built Upon Area: Reserve, at minimum, three percent (3%) of the lot area
but not less than three hundred (300) sq. ft. built upon area per lot to allow for
addition of future impervious areas by homeowner/occupant. The reserve built
upon area shall be treated as part of the built upon area for the purposes of
determining if the development is a low density or high density project and for
design of stormwater conveyances and control measures.
(B) All other residential and non-residential developments shall:
(1) Not exceed twenty four percent (24%) built upon area.
(2) Indicate the allowable built upon area for each lot on the final plat and in the
restrictive covenants, if applicable.
(C) When calculating gross acreage and built -upon area, project area shall include total
contiguous acreage of the adjacent or adjoining tract(s) on which the project is to be
developed, including future rights of way and easements.
3-4.2 LOW DENSITY WATERSHED PERMIT APPLICATION
(A) A low density watershed permit shall be required for new or expanded development
meeting the standards in Section 3-4.1 of this Ordinance.
(B) Applications and supporting documentation for a low density watershed permit shall be
submitted to the Watershed Administrator and shall be submitted in a form and in such
numbers as noted Watershed and Stormwater Administrative Manual.
(D) Applications must be accompanied by the required fee amount as established by the Town
Fee Schedule.
(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 and State Law.
(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 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 provided to the permittee.
(2) if the Watershed Administrator disapproves the application, the reasons for such
Unified Development Ordinance 395 Chapter C Article III

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 and/or permit application. All revisions shall be submitted,
reviewed and acted upon by the Watershed Administrator pursuant to the
procedures of this Section.
3-5 HIGH DENSITY DEVELOPMENT REGULATIONS
3-5.1 HIGH DENSITY DEVELOPMENT STANDARDS
(A) New or expanded development exceeding the low density standards of Section 3-4 shall utilize
engineered stormwater control measures to treat runoff as specified in Section 3-5.3 of this
Ordinance. Development is limited to the built upon area specified in this Section.
(B) WS-III WATERSHED AREAS - BALANCE OF WATERSHED (WS-III-BW).
Development shall not exceed fifty percent (50%) built upon area except as provided herein.
Nonresidential uses may be approved for up to seventy percent (70%) built upon area as a Special
Intensive Development Allocation (SIDA) as established by Section 3-3.9 of this Ordinance.
(B) WS-TV WATERSHED AREAS - CRITICAL AREA (WS-TV-CA).
Development shall not exceed fifty percent (50%) impervious area.
(C) WS-IV WATERSHED AREAS - BALANCE OF WATERSHED (WS-IV-BW).
Developments requiring a sedimentation/erosion control plan under State law or approved local
program 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
low density standards, as established by Section 3-4.1 of this Ordinance.
(B) Applications and supporting documentation for a high density watershed permit shall:
(1) Be submitted to the Watershed Administrator and shall be submitted in a form and in such
numbers as noted Watershed and Stormwater Administrative Manual. Additionally,
(2) Include a recorded operations and maintenance agreement and plan, recorded Deed of
Easement and performance surety as required by Sections 3-5.3, 3-5.4 and 3-5.5 of this
Ordinance;
(3) Be accompanied by the required fee amount as established by the Town Fee Schedule.
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 storni 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
Unified Development Ordinance 396 Chapter C Article III

responsible for the preparation thereof.
(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 performance surety 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 performance surety shall be an amount
equal to one hundred percent twenty (120%) of the total cost of the storm water control
structure(s).The total cost of the storni water control strucwre(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 Community Development Director,
Public Services Director, or Watershed Review Committee.
(13) Default under the performance surety. 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
performance surety 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.
(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 structures) 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.
3-55 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
Unified Development Ordinance 397 Chapter C Article III

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 strucwre(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 structure(s)
together with any restrictive covenants and liens pertaining to maintenance of said structurc(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.
Unified Development Ordinance 398 Chapter C Article III

(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. Application and inspection fees shall be valid for sixty
(60) days.
3-5.7 INSPECTIONS AND RELEASE OF THE PERFORMANCE 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, 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 performance surety. 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 and maintained as required bythis Ordinance. The Watershed Administrator, upon
determining that the storm water control(s) have been installed in conformity with the Ordinance
and maintained properly, shall release fifty percent (50%) of the performance surety.
(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 performance surety. Upon request
by the owner, the Watershed Administrator shall inspect the storm water control structure(s) to
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 performance surety.
(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. The person responsible for maintenance
of any structural BMP installed pursuant to this ordinance shall submit to the Watershed
Administrator an annual inspection report from a qualified registered North Carolina professional
engineer or landscape architect performing services only in their area of competence. 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).
ENGINEER'S CERTIFICATE - High Density Watershed Permit
I , certity 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 Kernersville 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 REQUIRING
MAINTENANCE AND ANNUAL INSPECTION OF A STORM WATER CONTROL STRUCTURE.
Unified Development Ordinance 399 Chapter C Article III

(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.
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 siructure(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).
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
Unified Development Ordinance 400 Chapter C Article III

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 al I 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 shal I 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 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.
(A) Applications for a minor exception shall include the following information in addition to that
submitted for the watershed permit:
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(1) A site plan, drawn to a scale of at least one inch represents forty (40) feet (1" to 40%
indicating the property lines of the parcel upon which the use is proposed, any existing or
proposed structures, parking areas and other impervious areas, and surface water drainage.
The site plan shall be neatly drawn and indicate north point, name and address of person
who prepared the plan, date of the original drawing, and an accurate record of any
subsequent revisions.
(2) A complete and detailed description of the proposed minor exception with any other
information necessary for consideration of the application.
(B) Before the Watershed Review Committee may grant a minor exception, it shall make the
following findings of fact, which shall be contained in any motion for adoption for such minor
exception:
(1) A finding of practical difficulty or unnecessary hardship(s) to be determined only upon
finding that the following conditions exist:
(a) If the applicant explicitly complied with the provisions of the Ordinance, the
applicant could not make reasonable use of his property;
(b) The unnecessary hardship(s) results from the application of the Ordinance to the
subject property solely and not from an application of this Ordinance to property
in general;
(c) The unnecessary hardship is due to the physical nature of the subject property,
relating to its size, shape, drainage pattern, topography, physical features,
presence of perennial streanis, bedrock, soil features, contributing off -site
drainage impacting the property, or similar features different from that of
neighboring property; and,
(d) The hardship is not the result of any actions of the applicant, nor of the prior
owner(s) of the property of record on or after July 1993.
(2) The minor exception is in conformance with the general purpose and intent of this
Ordinance.
(3) In the granting of the minor exception, the public safety and welfare have been assured
and substantial justice has been done. The Watershed Review Committee shall not grant a
minor exception if it finds that doing so would in any respect impair the public health,
safety, or general welfare.
(4) In granting the minor exception, the Watershed Review Committee may attach thereto
such conditions regarding the location, character, and other features of the proposed
building, structure, or use as it may deem advisable in furtherance of the purpose of this
Ordinance. If a minor exception for the construction, alteration or use of property is
granted, such construction, alteration or use shall only be made in accordance with the
approved site plan.
(5) The Watershed Review Committee shall refuse to hear an appeal or an application for a
minor exception previously denied if it finds that there have been no substantial changes
in conditions or circumstances bearing upon the application.
(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.
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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
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 Kernersville, 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.
(S) 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.
Unified Development Ordinance 403 Chapter C Article III

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.
Unified Development Ordinance 404 Chapter C Article III

(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 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.
(A) Applications for a minor exception shall include the following information in addition to that
submitted for the watershed permit:
(1) A site plan, drawn to a scale of at least one inch represents forty (40) feet (1" to 40%
indicating the property lines of the parcel upon which the use is proposed, any existing or
proposed structures, parking areas and other impervious areas, and surface water drainage.
The site plan shall be neatly drawn and indicate north point, name and address of person
who prepared the plan, date of the original drawing, and an accurate record of any
subsequent revisions.
(2) A complete and detailed description of the proposed minor exception with any other
information necessary for consideration of the application.
(B) Before the Watershed Review Committee may grant a minor exception, it shall make the
following findings of fact, which shall be contained in any motion for adoption for such minor
exception:
(1) A finding of practical difficulty or unnecessary hardships) to be determined only upon
finding that the following conditions exist:
(a) Tf the applicant explicitly complied with the provisions of the Ordinance, the
applicant could not make reasonable use of his property;
(b) The unnecessary hardship(s) results from the application of the Ordinance to the
subject property solely and not from an application of this Ordinance to property
in general;
(c) The unnecessary hardship is due to the physical nature of the subject property,
relating to its size, shape, drainage pattern, topography, physical features,
presence of perennial streams, bedrock, soil features, contributing off -site
drainage impacting the property, or similar features different from that of
neighboring property; and,
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(d) The hardship is not the result of any actions of the applicant, nor of the prior
owner(s) of the property of record on or after July 1993.
(2) The minor exception is in conformance with the general purpose and intent of this
Ordinance.
(3) In the granting of the minor exception, the public safety and welfare have been assured
and substantial justice has been done. The Watershed Review Committee shall not grant a
minor exception if it finds that doing so would in any respect impair the public health,
safety, or general welfare.
(4) In granting the minor exception, the Watershed Review Committee may attach thereto
such conditions regarding the location, character, and other features of the proposed
building, structure, or use as it may deem advisable in furtherance of the purpose of this
Ordinance. If a minor exception for the construction, alteration or use of property is
granted, such construction, alteration or use shall only be made in accordance with the
approved site plan.
(5) The Watershed Review Committee shall refuse to hear an appeal or an application for a
minor exception previously denied if it finds that there have been no substantial changes
in conditions or circumstances bearing upon the application.
(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.
(13) 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
exception and that:
(a) The property owner can make no reasonable use of the property unless the
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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 Kernersville, 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.
(S) 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.
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.
Unified Development Ordinance 407 Chapter C Article III

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
parry, 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.
Unified Development Ordinance 408 Chapter C Article III

CHAPTER C - ENVIRONMENTAL ORDINANCE
ARTICLE IV - STORM WATER RUNOFF
4-1 GENERAL PROVISIONS
4-1.1 TITLE
This ordinance shall be officially known as "Stormwater Ordinance." It is referred to herein as "this
ordinance."
4-1.2 AUTHORITY
The Town of Kernersville Board of Aldermen is authorized to adopt this ordinance pursuant to North
Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina; Section
1 of the Revised Charter of the Town of Kernersville; North Carolina General Statutes 143-214.7 and rules
promulgated by the Environmental Management Commission thereunder; Session Law 2004-163; Chapter
160A, §§ 174, 185, as well as Chapter 113A, Article 4 (Sedimentation Pollution Control); Article 21, Part 6
(Floodway Regulation); Chapter 160A, Article 19 (Planning and Regulation of Development), ; Chapter
153A, Article 18.
4-1.3 FINDINGS
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and increases stormwater
runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and point source pollution,
and sediment transport and deposition, as well as reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water -borne pollutants and
alterations in hydrology which are harmful to public health and safety as well as to the natural environment;
and
These effects can be managed and minimized by applying proper design and well -planned controls to manage
stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal Phase II
Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental Management
Commission promulgated in response to federal Phase II requirements, compel certain urbanized areas,
including this jurisdiction, to adopt the minimum stormwater controls such as those included in this
ordinance.
Therefore, the Town of Kernersville Board of Aldermen establishes this set of water quality and quantity
regulations to meet the requirements of state and federal law regarding control of stormwater runoff and
discharge.
4-1.4 PURPOSE
4-1.4a General
The purpose of this ordinance is to protect, maintain and enhance the public health, safety,
environment and general welfare by establishing minimum requirements and procedures to control
the adverse effects of increased post -development stormwater runoff and nonpoint and point source
pollution associated with new development and redevelopment and by preventing the introduction
of potentially harmful materials and illicit discharges into the Town of Kernersville Municipal
Separate Storm Sewer System (MS4); and to meet the requirements in the Town of Kernersville's
National Pollutant Discharge Elimination System Permit for Storm Water Discharges NCS000483
effective date October 1, 2005. It has been determined that proper management of construction -
related and post -development stormwater runoff will minimize damage to public and private
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property and infrastructure, safeguard the public health, safety, and general welfare, and protect
water and aquatic resources.
4-1.4b Specific
This ordinance seeks to meet its general purpose through the following specific objectives and
means:
1. Establishing decision -making processes for development that protect the integrity of
watersheds and preserve the health of water resources;
2. Requiring that new development and redevelopment maintain the pre -development
hydrologic response in their post -development state as nearly as practicable for the
applicable design storm in order to reduce flooding, stream bank erosion, nonpoint and
point source pollution and increases in stream temperature, and to maintain the integrity of
stream channels and aquatic habitats;
3. Establishing minimum post -development stormwater management standards and design
criteria for the regulation and control of stormwater runoff quantity and quality;
4. Establishing design and review criteria for the construction, function, and use of structural
stormwater BMPs that may be used to meet the minimum post -development stormwater
management standards;
5. Encouraging the use of better management and site design practices, such as the use of
vegetated conveyances for stormwaler and the preservation of green space and other
conservation areas to the maximum extent practicable;
6. Establishing provisions for the long-term responsibility for and maintenance of structural
and nonstructural stormwater BAJPs to ensure that they continue to function as designed,
are maintained appropriately, and pose no threat to public safety;
7. Establishing administrative procedures for the submission, review, approval and
disapproval of stormwater management plans, for the inspection of approved projects, and
to assure appropriate long-term maintenance.
S. Controlling illicit discharges into the Town of Kernersville municipal separate storm
sewer system.
9. Controlling erosion and sedimentation from construction activities.
10. Assigning responsibility and processes for approving the creation and maintenance of
adequate drainage and flood damage prevention.
11. To reduce the discharge of pollutants to the storm sewer system to the maximum extent
practicable by requiring, where appropriate, the use of best management practices,
structural and/or nonstructural storm water quantity and quality control measures and other
provisions.
12. To prohibit non -storm water discharges to the Town of Kernersville municipal separate
storm sewer system and require the removal of illicit connections to the municipal separate
storm sewer system.
13. To prevent improper disposal of materials that degrade water quality.
Unified Development Ordinance 410 Chapter C Article IV

14. To pennit sampling and monitoring for pollutants such as those associated with illicit
discharges, improper disposal, industrial and construction activities, and the application of
pesticides, herbicides, and fertilizers.
15. To reduce erosion associated with storm water runoff.
4-1.5 JURISDICTION
The provisions of this Ordinance shall apply both to that area which is within the corporate limits of the Town
of Kernersvil le and within the extra territorial zoning jurisdiction of the Town of Kernersvil le.
4-1.6 ABROGATION
This chapter is not intended to repeal, abrogate, annul, impair, or interfere with any existing easements,
covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued.
4-1.7 ARTICLE IV 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 Chapter C, Article TV of the Unified
Development Ordinances, have the meanings indicated. All words and phrases not defined in this Article
shall have their common meaning. Words and phrases that are defined herein have generally been italicized
when used in the ordinance. When used in this Ordinance, the present tense includes the future, the singular
includes the 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.
1 year, 24-hour storm. The surface runoff resulting from a 24-hour rainfall of an intensity expected to be
equaled or exceeded, on average, once in 12 months and with a duration of 24 hours.
Best managementpractice (BMP). A structural or nonstructural management -based practice used singularly
or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality
protection goals.
Built -upon area. "built -upon area" means impervious surface and partially impervious surface to the extent
that the partially impervious surface does not allow water to infiltrate through the surface and into the
subsoil. 'Built -upon area" does not include a slatted deck; the water area of a swimming pool; a surface
of number 57 stone, as designated by the American Society for Testing and Materials, laid at least
four inches thick over a geotextile fabric; or a trail as defined in G.S. I I3A-85 that is either unpaved
or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per
second (1.41 inches per hour)."
Clean Water Act. The Federal Water Pollution Control Act (33 U.S.C. `1251 et seq.) and any subsequent
amendments thereto.
Connection. Any ditch, pipe, or other device for the diversion or transmission of storm drainage which will
in any way affect the operation or maintenance of the municipal separate storm sewer system.
Conveyance. Any feature of the landscape or earth, manmade or natural that carries water in a concentrated
flow.
Design Manual. The policy, criteria, and information, including technical specifications and standards, in
the most current revision of the North Carolina Stormwater Best Management Practice Manual, hereafter
referred to as the Design Manual shall be the basis for decisions about stormwater permits and about the
design, implementation and performance of structural and non-structural stormwater BMPs. All references
herein to the Design Manual are to the latest published edition or revision. The Design Manual includes a
list of acceptable stormwater treatment practices, including the specific design criteria for each stormwater
practice. Stormwater treatment practices that are designed, constructed, and maintained in accordance with
these design and sizing criteria will be presumed to meet the minimum water quality performance standards
of the Phase 11 laws.
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Developer. A person engaged in land, site, or building development
Development. Any land disturbing activity which adds to or changes the amount of impervious or partially
impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.
Discharge. Additions of pollutants into waters of the United States from: Surface runoff which is collected
or channeled by man; discharges through pipes, sewers, or other conveyance owned by a stated municipality,
or other person which does not lead to a treatment works; and discharges through pipes, sewers, or other
conveyance, leading into privately owned treatment works.
Ditch/swale. Open channel that infiltrates and/or transports runoff waters.
Drainage. The flow of runoff into a conveyance.
Drainage easement. An easement which grants to the board of alderman the right to maintain conveyances
of drainage structures.
Easement. A grant of one (1) or more of the property rights, by the property owner, to, or for use by, the
public, a corporation, or other entity.
Erosion. The wearing away of land surface by the action of wind, water, gravity, or any combination thereof.
Existing development. Those projects that are built in a non -water supply watershed that, at a minimum, for
which a vested right has been established under North Carolina zoning law based on at least one of the
following criteria: (1) substantial expenditure of resources based on a good faith reliance upon a valid local
government approval to proceed with a project; or (2) issuance of a valid building permit; or (3) substantial
expenditure of resources based on an approved site specific development plan.
Facility. Any land use including, but not limited to: commercial, industrial and residential land uses, and
any other source including, but not limited to: motor vehicles and rolling stock that directly contribute, cause
or permit the contribution of any discharge, illicit or otherwise to the MS4.
Garbage. All non -hazardous and non -medical solid waste including animal and vegetable solid waste
resulting from the handling, preparation, cooking and consumption of food including the minimal amount of
liquid necessarily incident thereto.
Geotextile Fabric. Geotextile fabric means a permeable geosynthetic comprised solely of non -biodegradable
textiles.
Having control over. Shall mean but not be limited to any person using, transferring, storing, or transporting
a hazardous material immediately prior to release of such hazardous material on the land or into the air or
the waters of the town.
Hazardous material. Any substance which, when discharged in any quantity, may present an eminent and
substantial danger to the public health or welfare or to the environment or any substance listed in SARA Title
ill, Section 302(extremely hazardous substances); CERCLA (hazardous substances); or Section 311 of the
Clean Water Act (oil and hazardous substances).
Hazardous material response. The sending of fire department equipment to abate hazardous materials
which endanger the health or safety of persons or the environment.
High -density project. Any project that exceeds the low -density threshold for dwelling units per acre and
built -upon area.
Illicit connection. An illicit connection is either of the following:
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A. Any conveyance that allows or may allow an Illicit Discharge to enter the MS4; or,
B. Any pipeline, ditch or other conveyance connected to the MS4 which has not been documented in
construction or site plans, a building permit, maps or other equivalent records by which the Town
of Kernersville would have express notice of the existence and location to the MS4.
Illicit discharge. Any discharge to a municipal separate storm sewer system (MS4) that is not composed
entirely of storm water except discharges pursuant to a NPDES permit (other than the NPDES permit for
discharges from the .TIS4) and discharges resulting from firefighting activities.
Impervious surface. An area composed of any material that impedes or prevents natural infiltration of water
into the soil. Impervious area shall include but are not limited to roofs, decks, driveways, patios, sidewalks,
parking areas, tennis courts, concrete or asphalt streets, crushed stone and gravel surfaces.
Larger common plan of development or sale. Any area where multiple separate and distinct construction or
land disturbing activities will occur under one plan. A plan is any announcement or piece of documentation
(including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application,
drawing, permit application, zoning request, or computer design) or physical demarcation (including but not
limited to boundary signs, lot stakes, or surveyor markings) indicating that construction activities may occur
on a specific plot.
Low -density project. A project that has no more than two dwelling units per acre or twenty-four percent
built -upon area (BUA) for all residential and non-residential development.
Municipal separate storm sewer (MS4). For regulatory purposes, a conveyance or system of conveyances
including storm drain systems, roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains within the Town limits and in any of the extra territorial
jurisdictions.
National Pollutant Discharge Elimination System (NPDES). A permitting system established by Section
402 of the Clean Water Act. Permits are issued by the State of North Carolina for discharges directly to the
surface waters of the state.
New development. Any activity for which a building permit or a grading pert -nit is required, or any of the
following without regard to a permit requirement: clearing, stripping, dredging, grading, excavating,
transporting, and filling of land.
Non Structural Best management practice (BMP). A nonstructural management -based practice used
singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water
quality protection goals.
Outfall. A point source at the point where a MS4 discharges to waters of the United States and does not
include open conveyances connecting two (2) municipal separate storm sewers; or pipes, tunnels or other
conveyances which connect segments of the same stream or other waters of the United States and are used to
convey waters of the United States.
Owner. The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in
possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity
holding proprietary rights in the property or having legal power of management and control of the property.
"Owner" shall include long-term commercial tenants; management entities, such as those charged with or
engaged in the management of properties for profit; and every person or entity having joint ownership of the
property. A secured lender not in possession of the property does not constitute an owner, unless the secured
lender is included within the meaning of "owner" under another description in this definition, such as a
management entity.
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Performance Bond. A guarantee against loss or daniage from one's failure to perform, and a tangible
guarantee of performance or the fulfillment of an obligation. The following must be included in any
Performance Bond accepted by the Town of Kernersville and considered as such within this ordinance.
A. Entity issuingthe Performance Surety mustbe licensedto do business in the State of North Carolina
and state its preferred correspondence address within the Performance Surety.
B. The Performance Surety must be issued in favor of the Town of Kernersville (obligee) for a specified
mount.
C. The Performance Surety shall clearly indicate the obligation within the document
D. The Performance Surety shall clearly indicate principal's fiill intent to perform.
E. The Performance Surety shall state the surety shall stay in full force and effect until obligee notifies
principal that all obligations stated within the Performance Surety have been satisfied in their
entirety.
Performance Surety. A guarantee against loss or damage from one's failure to perform and a physical or
financial guarantee for the fulfillment of an obligation. Performance Sureties may be in the form of Standby
Letters of Credit, Performance Bonds, and Cash.
Person. Any individual, partnership, co -partnership, firm, company, corporation, association, joint stock
company, trust, estate, governmental entity or their legal representative agents or assigns.
Pollutant. Any substance that contributes to or causes pollution, including but not limited to: paints,
varnishes, solvents, oil or other automotive fluids; hazardous and non -hazardous liquids, solids and wastes;
yard wastes, refuse, rubbish, garbage, litter and floatables; pesticides, herbicides and fertilizers; sewage, fecal
coliforms and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result
from constructing a structure; other discarded or abandoned objects and accumulations; or any noxious or
offensive matter of any kind that may cause or contribute to pollution.
Preliminary Plat. The final map of all or a portion of a subdivision or site, showing the boundaries and
location of lots, streets, easements and any other requirements of the Subdivision Ordinance, which is
presented for local government approval and subsequent recordation with the Register of Deeds.
Redevelopment. Any rebuilding activity other than a rebuilding activity that results in no net increase in
built -upon area and provides equal or greater stormwater control than the previous development.
Refuse. Solid waste, including but not limited to garbage, rubbish and ashes.
Riparian buffer or stream buffer. An area of native or non-native woody vegetation adjacent to a stream or
other natural convevance of water or storm water.
Soil erosion and sedimentation plan. The graphic plan, including narrative where appropriate, required by
the development ordinance as a prerequisite for a grading permit, the purpose of which is to explain existing
conditions and proposed grading of land including any development and to describe the activities and
measures to be undertaken to control accelerated soil erosion and sedimentation.
Standby Letter of Credit (SBLQ. An irrevocable obligation to the beneficiary indicating payment to the
beneficiary in the event of default by the account party and/or failure to perform an obligation. The following
must be included in any SBLC accepted by the Town of Kernersville to be considered as such within this
ordinance.
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A. Endry issuing the SBLC must be licensed to do business in the State of North Carolina and state its
preferred correspondence address within the SBLC.
B. The SBLC must be issued in favor of the Town of Kernersville (beneficiary) for a specified amount
and state the customer (account party).
C. The SBLC must clearly state it is an irrevocable Standby Letter of Credit.
D. The SBLC shall clearly indicate the obligation within the SBLC is for the payment of money in lieu
of performance.
E. The SBLC must state the beneficiary has the right to draw on the SBLC from time to time upon
written demand by the beneficiary indicating account parties failure to meet their obligations.
F. The SBLC shall state draws will be processed within a reasonable time period once beneficiary
demands a draw.
G. The SBLC shall state the original amount may be reduced from time to time only upon written notice
by the beneficiary to do so.
H. The SBLC shall state the obligation shall be in full effect up to 5:00 pm on the date of expiration as
indicated within the SBLC and if said date falls on a holiday, weekend, or other day in which the
beneficiary or issuer are closed for business, the expiration day shall be the following day that both
beneficiary and issuer are open for business.
1. The SBLC shall state the SBLC shall be automatically extended, without any formal amendment or
notice to the effect, from year to year, for successive periods of one (1) year each from the present
or any future expiration date hereof, unless the issuer notifies the beneficiary 60-days prior to such
expiration date in writing, via certified mail, return receipt requested that issuer has elected not to
renew the SBLC and beneficiary has until 5:00pm on or before the expiration date to draw the full
amount hereunder.
Stormwater. Any surface flow, runoff or drainage consisting entirely of water from any form of natural
precipitation and resulting from such precipitation.
Stormwater Administrator. An official or other person designated by the Town to be responsible for the
administration and enforcement of Article IV of the Unified Development Ordinances.
Stormwater Review Committee. A staff level review and advisory committee appointed by the Stormwater
Administrator for consultation regarding design plan review, enforcement options and other matters related
to administration and enforcement of Article IV of the Unified Development Ordinances.
Structural BMP. A physical device designed to trap, settle out, or filter pollutants from stormwater runoff,
to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the
pre -development hydrology on a developed site; or to achieve any combination of these goals. Structural
BMP includes physical practices such as constructed wetlands, vegetative practices, filter strips, grassed
swales, and other methods installed or created on real property. "Structural BMP" is synonymous with
"structural practice", "stormwater control facility," "stormwater control practice," "stormwater treatment
practice," "stormwater management practice," "stormwater control measures," "stormwater treatment
systems," and similar terms used in this ordinance.
Substantial progress. For the purposes of determining whether sufficient progress has been made on an
approved plan, one or more of the following construction activities toward the completion of a site or
subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a continuous
basis and not discontinued for more than thirty (30) days; or installation and approval of on -site infrastructure;
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or obtaining a building permit for the construction and approval of a building foundation. "Substantial
progress" for purposes of determining whether an approved plan is null and void is not necessarily the same
as "substantial expenditures" used for determining vested rights pursuant to applicable law.
Substantial redevelopment. An increase or change in impervious area that impacts the MS4.
Town Manager. The Town Manager as appointed by the Board of Aldermen of the Town of Kernersville,
or his designee.
Watershed. The entire land area contributing to surface drainage to a specific point.
4-1.8 RIGHT -OF -ENTRY
A. The town manager or his designee shall have right -of -entry on or upon the property or facility of
any person subject to this chapter and any permit/document issued hereunder. The town manager
or his designee shall be provided ready access to all parts of the premises for the purposes of
inspection, monitoring, sampling, inventory, records examination and copying, and the performance
of any other duties necessary to determine compliance with this chapter.
B. Where a person has security measures in force which require proper identification and clearance
before entry into its premises, the person shall make necessary arrangements with its security guards
so that, upon presentation of suitable identification, the town manager or his designee will be
permitted to enter without delay for the purposes of performing specific responsibilities.
C. The town manager or his designee shall have the right to set up on the person's property such devices
as are necessary to conduct sampling and/or metering of the person's operations.
D. Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or
monitored shall be removed promptly by the person at the written or verbal request of the town
manager or his designee. The costs of clearing such access shall be borne by the person.
E. The town manager or his designee may inspect the facilities of any user in order to ensure
compliance with this chapter. Such inspection shall be made with the consent of the owner, manager,
or signatory official. Tf such consent is refused the town manager or his designee may seek issuance
or an administrative search warrant.
4-1.9 APPLICABILITY AND JURISDICTION
A. General
This ordinance shall be effective beginning October 1, 2007. Beginning with and subsequent to its
effective date, this ordinance shall be applicable to all development and redevelopment, including,
but not limited to, site plan applications, subdivision applications, and grading applications, unless
exempt pursuant to Subsection (B) of this Section, Exemptions, below.
B. Exemptions
Development that cumulatively disturbs less than one acre and is not part of a larger common plan
of development or sale is exempt from the provisions of this ordinance.
Redevelopment that cumulatively disturbs less than one acre and is not part of a larger common plan
of development or sale is exempt from the provisions of this ordinance.
Development and redevelopment that disturb less than one acre are not exempt if such activities are
part of a larger common plan of development or sale, even though multiple, separate or distinct
activities take place at different times on different schedules.
Activities that are exempt from permit requirements of Section 404 of the federal Clean Water Act,
as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the
provisions of this ordinance.
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C. Vesting
Development or redevelopment projects conducted pursuant to one of the following authorizations
obtained prior to the effective date of this ordinance are determined to be vested in accordance with
the provisions of North Carolina General Statute §160A-385.1 and Chapter B, Section 1-5.2 of the
Unified Development Ordinances and shall thus be exempt from complying with all provisions of
this ordinance dealing with the control and/or management of post -construction runoff, but shall be
required to comply with all other applicable provisions, including but not limited to local illicit
discharge ordinances and local erosion and sediment control ordinances:
1. a building permit
2. a site specific development plan
3. a vested right pursuant to statutory or local law.
Changes to any of the above listed authorizations may negate vested right status and subject the
development or redevelopment to the provisions of this ordinance.
D. Violations Continue
Any violation of provisions existing on the effective date of this ordinance shall continue to be a
violation under this ordinance and be subject to penalties and enforcement under this ordinance
unless the use, development, construction, or other activity complies with the provisions of this
ordinance.
E. No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the provisions of this
ordinance or unless exempted. No development for which a permit is required pursuant to this
ordinance shall occur except in compliance with the provisions, conditions, and limitations of the
permit.
F. Map
The provisions of this ordinance shall apply within the areas designated on the map titled "Phase II
Stormwater Map of the Town of Kernersville North Carolina" ("the Stormwater Map"), which is
adopted simultaneously herewith. The Stormwater Map and all explanatory matter contained
thereon accompany and are hereby made a part of this ordinance.
The Stormwater Map shall be kept on file by the Stormwater Administrator and shall be updated to
take into account changes in the land area covered by this ordinance and the geographic location of
all struclural BMPs permitted under this ordinance. In the event of a dispute, the applicability of
this ordinance to a particular area of land or BMP shall be determined by reference to the North
Carolina Statutes, the North Carolina Administrative Code, and local zoning and jurisdictional
boundary ordinances.
4-1.10 INTERPRETATION
A. Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall be construed
according to the general and specific purposes set forth in Section 4-1.4, Purpose. If a different or
more specific meaning is given for a term defined elsewhere in the Town of Kernersville's Unified
Development Ordinance, the meaning and application of the term in this ordinance shall control
for purposes of application of this ordinance.
B. Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this ordinance and any heading,
caption, figure, illustration, table, or map, the text shall control.
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C. Authority for Interpretation
The Stormwater Administrator has authority to determine the interpretation of this ordinance. Any
person may request an interpretation by submitting a written request to the Stormwater
Administrator who shall respond in writing within 30 days. The Stormwater Administrator shall
keep on file a record of all written interpretations of this ordinance. Appeals from any interpretation
issued by the Stormwater Administrator- shall be filed in accordance with the provisions of Section
4 33.11.
D. References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the
Design Manual), or document, it shall be construed as a reference to the most recent edition of such
that has been finalized and published with due provision for notice and comment, unless otherwise
specifically stated.
E. Computation of Time
The time in which an act is to be done shall be computed by excluding the first day and including
the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed
by the Town of Kernersville, the deadline or required date of action shall be the next day that is not
a Saturday, Sunday or holiday observed by the Town of Kernersville. References to days are
calendar days unless otherwise stated.
F. Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater Administrator of the Town
of Kernersville maybe carried out by his or her designee.
G. Usage
1. Mandatory and Discretionary Terms
The words "shall," "must," and "will" are mandatory in nature, establishing an obligation
or duty to comply with the particular provision. The words "may" and "should" are
permissive in nature.
2. Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be interpreted as
follows: The word "and" indicates that all connected items, conditions, provisions or events
apply. The word "or" indicates that one or more of the connected items, conditions,
provisions or events apply.
3. Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the singular number
include the plural number and the plural number includes the singular number, unless the
context of the particular usage clearly indicates otherwise. Words used in the masculine
gender include the feminine gender, and vice versa.
H. Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site.
4-1.11 DESIGN MANUAL
A. Reference to Design Manual
The Stormwater Administrator shall use the policy, criteria, and information, including technical
specifications and standards, in the most current revision of the North Carolina Stormwater Best
Management Practice Manual, hereafter referred to as the Design Manual as the basis for decisions
about stormwater permits and about the design, implementation and performance of structural and
non-structural stormwater BMPs.
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The Design Manual includes a list of acceptable storniwater treatment practices, including the
specific design criteria for each sormwater practice. Stormwater treatment practices that are
designed, constructed, and maintained in accordance with these design and sizing criteria will be
presumed to meet the minimum water quality performance standards of the Phase IT laws.
B. Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the Design Manual are more restrictive or apply a higher
standard than other laws or regulations, that fact shall not prevent application of the specifications
or guidelines in the Design Manual.
C. Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information in the Design
Manual are amended subsequent to the submittal of an application for approval pursuant to this
ordinance but prior to approval, the new information shall control and shall be utilized in reviewing
the application and in unplementing this ordinance with regard to the application.
D. Amendments to Design Manual
The Design Manual may be updated and expanded from time to time, based on advancements in
technology and engineering, improved knowledge of local conditions, or local monitoring or
maintenance experience.
Prior to amending or updating the Design Manual, proposed changes shall be generally publicized
and made available for review, and an opportunity for comment by interested persons shall be
provided by the State of North Carolina.
4-1.12 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS
A. Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other
provision of law. The requirements of this ordinance are in addition to the requirements of any other
ordinance, rule, regulation or other provision of law, and where any provision of this ordinance
imposes restrictions different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher protective standards for
human or environmental health, safety, and welfare, shall control.
B. Private Agreements
This ordinance is not intended to revoke or repeal any easement, covenant, or other private
agreement. However, where the regulations of this ordinance are more restrictive or impose higher
standards or requirements than such easement, covenant, or other private agreement, then the
requirements of this ordinance shall govern. Nothing in this ordinance shall modify or repeal any
private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure
to comply with this ordinance. In no case shall the Town of Kernersville be obligated to enforce the
provisions of any easements, covenants, or agreements between private parties.
4-1.13 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be
adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the
remainder of any section, subsection, paragraph, subdivision or clause of this ordinance.
4-1.14 ADMINISTRATION AND PROCEDURES
Stormwater Administrator
A. Designation
A Stormwater Administrator shall be designated by the Board of Alderman of the Town of
Kernersville to administer and enforce this ordinance.
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B. Powers and Duties
In addition to the powers and duties that may be conferred by other provisions of the Town of
Kernersville's Unified Development Ordinance and other laws, the Stormwater Administrator
shall have the following powers and duties under this ordinance:
1. To review and approve, approve with conditions, or disapprove applications for approval of
plans pursuant to this ordinance.
2. To make determinations and render interpretations of this ordinance.
3. To establish application requirements and schedules for submittal and review of applications
and appeals, to review and make recommendations to the Board of Alderman of the Town of
Kernersville on applications for development or redevelopment approvals.
4. To enforce the provisions of this ordinance in accordance with its enforcement provisions.
5. To maintain records, maps, and official materials as relate to the adoption, amendment,
enforcement, or administration of this ordinance.
6. To provide expertise and technical assistance to the Board of Alderman of the Town of
Kernersville and the Stormwater Review Committee upon request.
7. To designate appropriate other person(s) who shall carry out the powers and duties of the
Stormwater Administrator.
8. To take any other action necessary to administer the provisions of this ordinance.
4-2 ILLICIT DISCHARGES AND IMPROPER DISPOSALS
4-2.1 ILLICIT DISCHARGES AND CONNECTIONS
4-2.1 a Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or
indirectly to any stormwater conveyance, the waters of the State, or upon the land in manner and
amount that the substance is likely to reach a stormwater conveyance or the waters of the State, any
liquid, solid, gas, or other substance, other than stormwater; provided that non-stormwater
discharges associated with the following activities are allowed and provided that they do not
significantly impact water quality:
I. Water line flushing;
2. Landscape irrigation;
3. Diverted stream flows;
4. Rising ground waters;
5. Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
6. Uncontaminated pumped ground water;
7. Discharges from potable water sources;
8. Foundation drains;
Unified Development Ordinance 420 Chapter C Article IV

Air conditioning condensation;
10. irrigation water;
11. Springs;
12. Water from crawl space pumps;
13. Footing drains;
14. Lawn watering;
15. Residential and charity car washing
16. Flows from riparian habitats and wetlands;
17. Dechlorinated swimming pool discharges;
18. Street wash water;
19. Discharges from firefighting operations; and
20. Other non-stormwater discharges for which a valid NPDES permit has been approved and
issued by the State of North Carolina.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, animal waste, paints,
garbage, yard waste and litter.
4-2.1b illicit Connections
Connections to a stormwater conveyance or stormwater conveyance system that allow
the discharge of non-stormwater, other than the exclusions described in section (a) above,
are unlawful. Prohibited connections to the A/1,54 include, but are not limited to: floor
drains, waste water from washing machines or sanitary sewers, wash water from
commercial vehicle washing or steam cleaning, and waste water from septic systems.
Where such connections exist in violation of this section and said connections were made
prior to the adoption of this provision or any other ordinance prohibiting such connections,
the property owner or the person using said connection shall remove the connection within
one year following the effective date of this ordinance. However, the one-year grace period
shall not apply to connections which may result in the discharge of hazardous materials
or other discharges which pose an immediate threat to health and safety, or are likely to
result in immediate injury and harm to real or personal property, natural resources, wildlife,
or habitat.
Where it is determined that said connection:
a. May result in the discharge of hazardous materials or may pose an immediate
threat to health and safety, or is likely to result in immediate injury and harm to
real or personal property, natural resources, wildlife, or habitat, or
Was made in violation of any applicable regulation or ordinance, other than this
section;
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The Storm -water Administrator shall designate the time within which the connection shall
be removed. In setting the time limit for compliance, the Stormwater Administrator shall
take into consideration:
i. The quantity and complexity of the work,
ii. The consequences of delay,
W. The potential harm to the environment, to the public health, and to public
and private property, and
iv. The cost of remedying the damage.
4-2.2 SPILLS
Spills or leaks of polluting, harmful or hazardous substances released, discharged to, or having the potential
to be released or discharged to the siormwater convevance system, shall be contained, controlled, collected,
and properly disposed. All affected areas shall be restored to their preexisting condition. Persons in control
of the polluting substances immediately prior to their release or discharge, and persons owning the property
on which the substances were released or discharged, shall immediately notify the Fire Chief of the Town of
Kernersville of the release or discharge, as well as making any required notifications under state and federal
law. Notification shall not relieve any person of any expenses related to the restoration, loss, damage, or any
other liability which may be incurred as a result of said spill or leak, nor shall such notification relieve any
person from other liability which may be imposed by State or other law.
4-2.3 NUISANCE
Illicit discharges and illicit connections which exist within the Town of Kernersville are hereby found,
deemed, and declared to be dangerous or prejudiced to the public health or public safety and are found,
deemed, and declared to be public nuisances. Such public nuisances shall be abated in accordance with the
procedures set forth in Chapter 10 of the Code of Ordinances Town of Kernersville North Carolina.
4-2.4 ENFORCEMENT
A. Violations
Any of the following shall be a violation of this chapter and shall be subject to the enforcement
remedies and penalties provided by this article and by state law:
1. Development without permit. To engage in any development, use, construction,
remodeling, or other activity of any nature upon land or improvements thereon subject to
the jurisdiction of this chapter without all required permits, certificates, or other forms of
authorization as set forth in the Town of Kernersville Unified Development Ordinance.
2. Development inconsistent with permit. To engage in any development, use, construction
remodeling or other activity of any nature in any way inconsistent with any approved plan,
permit, certificate, or other for of authorization granted for such activity.
3. Violation by act or omission. To violate, by act or omission, any term, variance,
modification, condition, or qualification placed by the governing body or its agent boards
upon any required permit, certificate, or other form of authorization of the use,
development, or other activity upon land or improvements thereon.
4. Use in violation. To erect, construct, reconstruct, alter, repair, convert, maintain, or use
any building or structure or to use any land in violation or contravention of this article or
any other regulation made under the authority conferred thereby.
5. Continuing a violation. To continue any of the above violations is a separate and distinct
offense each day.
S. Civil Penalties
1. Illicit Connections.
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a. Any person who is found responsible for an illicit connection shall receive a
notice of violation when the connection is discovered. The person shall have sixty
(60) days to remove the connection unless the connection is determined to pose
an immediate and severe public health risk. At the end of that time if the
connection has not been removed, the Slorrnwaler Administralor may assess civil
penalties in the amount of two hundred dollars ($200.00) for violation of the
ordinance. For purposes of this section, each day that a violation remains unabated
shall be considered a new, separate and distinct violation for purposes of assessing
a civil penalty. In addition to the assessment of civil penalties, the Town Manager
or his designee may enter the property and tape measures necessary to remove the
connection and perform whatever cleanup or abatement is necessary. If the person
fails to remove the connection in the time prescribed, the Town of Kernersville
may petition the superior court of justice, for the issuance of an injunction to
compel removal and payment; however, removal of the illicit connection shall be
immediate upon the determination of the Town Manager or his designee that the
connection poses an imminent threat to public health. in determining the amount
of the penalty the Town Manager or his designee shall consider the following:
i. The degree and extent of the harm to the natural resources, to
the public health, or to the public or private property resulting
from the violation;
ii. The duration and gravity of the violation;
iii. The effect on ground or surface water quality or on air quality;
iv. The cost of rectifying the damage;
V. The amount of money saved by noncompliance;
vi. Whether the violation was committed willfully or intentionally;
vii. The prior record of the violator in complying or failing to
comply with the slormwaler quality management;
viii. The costs of enforcement to the Town of Kernersville.
b. If any person who previously has been found to have an illicit connection
reconnects to the conveyance, he shall be assessed a civil penalty not to exceed
five thousand dollars ($5,000.00). The penalty shall increase by twenty-five (25)
percent of the previous penalty amount for every subsequent illicit connection
made by the same person. The penalty shal I be additional to the cost of cleanup
and abatement. If the person has or is required to have a storvnwater NPDES
permit from the state division of environmental management, the Stornnwater
Administrator shall alert the appropriate state authorities of the violation. in
determining the amount of the penalty the Town Manager or his designee shall
consider the following:
i. The degree and extent of the harm to the natural resources, to the public
health, or to the public or private property resulting from the violation;
ii. The duration and gravity of the violation;
iii. The effect on ground or surface water quality or on air quality;
iv. The cost of rectifying the damage;
V. The amount of money saved by noncompliance;
vi. Whether the violation was committed willfully or intentionally;
vii. The prior record of the violator in complying or failing to comply with
the slormwaler quality management;
viii. The costs of enforcement to the Town of Kernersville.
2. Improper disposal.
a. Process wastewater. Any person who is found to have improperly disposed of
any process wastewater to the receiving streams shall be assessed a civil penalty
not to exceed five thousand dollars ($5,000.00). in determining the amount of the
penalty the Town Manager or his designee shall consider the following:
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i. The degree and extent of the harm to the natural resources, to the public
health, or to the public or private property resulting from the violation;
ii. The duration and gravity of the violation;
iii. The effect on ground or surface water quality or on air quality;
iv. The cost of rectifying the damage;
V. The amount of money saved by noncompliance;
vi. Whether the violation was committed willfully or intentionally;
vii. The prior record of the violator in complying or failing to comply with
the stone water quality management program and,
viii. The costs of enforcement to the Town of Kernersville.
b. Bulk sales. Any person who is found to have improperly disposed of any
substance that was purchased at a bulk sales location which, upon discharge to
the receiving streams or drainage network, would have an adverse impact on
water quality or cause the Town of Kernersville to be in noncompliance with any
applicable environmental permit shall be assessed a civil penalty not to exceed
five thousand dollars ($5,000.00). in determining the amount of the penalty the
Town Manager or his designee shall consider the following:
i. The degree and extent of the harm to the natural resources, to the public
health, or to the public or private property resulting from the violation;
ii. The duration and gravity of the violation;
iii. The effect on ground or surface water quality or on air quality;
iv. The cost of rectifying the damage;
V. The amount of money saved by noncompliance;
vi. Whether the violation was committed willfully or intentionally;
vii. The prior record of the violator in complying or failing to comply with
the storm water quality management program and,
viii. The costs of enforcement to the Town of Kernersville.
C. Household products. Any person who is found to have improperly disposed of
any substance that was purchased over-the-counter for household, in quantities
considered normal for household purposes, which, upon discharge to the
receiving streams or drainage network, would have an adverse impact on water
quality or cause the Town to be in noncompliance with any applicable
environmental permit shall be assessed a civil penalty not to exceed five hundred
dollars ($500.00). In determining the amount of the civil penalty the Town
Manager or his designee shall consider the following:
i. The degree and extent of the harm to the natural resources, to the public
health, or to the public or private property resulting from the violation;
ii. The duration and gravity of the violation;
iii. The effect on ground or surface water quality or on air quality;
iv. The cost of rectifying the damage;
V. The amount of money saved by noncompliance;
vi. Whether the violation was committed willfully or intentionally;
vii. The prior record of the violator in complying or failing to comply with
the storm water quality management program; and
viii. The costs of enforcement to the Town of Kernersville.
d. Yard waste. Any person who is found to have improperly disposed of leaves,
grass clippings, or other yard wastes shall be assessed a civil penalty not to exceed
five hundred dollars ($500.00). In determining the amount of the penalty the
Town Manager or his designee shall consider the following:
i. The degree and extent of the harm to the natural resources, to the public
health, or to the public or private property resulting from the violation;
ii. The duration and gravity of the violation;
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iii. The effect on ground or surface water quality or on air quality;
iv. The cost of rectifying the damage;
V. The amount of money saved by noncompliance;
vi. Whether the violation was committed willfully or intentionally;
vii. The prior record of the violator in complying or failing to comply with
the storm water quality management program; and
viii. The costs of enforcement to the Town of Kernersville.
C. Repeat violation. If a person is found to be responsible for more than one (1)
instance of improper disposal, the penalty shall increase by twenty-five (25)
percent of the previous penalty amount for each subsequent improper disposal.
The penalties shall be additional to the cost of clean-up and abatement.
f. Watershed areas. The penalty assessed for any of the above violations shall be
increased by twenty-five (25) percent of the amount assessed if it occurs in any
designated water -supply watershed area.
g. Failure to report. The penalty assessed for any of the above violations shall be
increased by twenty-five (25) percent of the amount assessed for any spill not
properly reported by the violator once he has knowledge of the violation.
h. Penalties. In the event there are subsequent penalties assessed by the state against
the Town for improper disposal or illegal dumping, or illicit connection into
receiving streams, caused by any person, such person shall be assessed the
equivalent amount of civil penalty.
4-2.5 REMEDIES
Any or all of the following procedures may be used to enforce the provisions of this chapter:
A. Injunction. Any violation of this article or of any condition, order, requirement, or remedy adopted
pursuant hereto may be restrained, corrected, abated, mandated, or enjoined by other appropriate
proceeding pursuant to state law.
B. Civil penalties. Any person who violates any provision of this article shall be subject to the
assessment of a civil penalty under the procedures provided in Article 4-2.4b.
C. Denial of permit. The Town Manager or his designee shall withhold or deny any permit, certificate,
or other authorization on any land, building, structure, or use in which there is an uncorrected
violation of a provision of this article, or of a condition or qualification of a permit, certificate, or
other authorization previously granted.
D. Conditional permit or temporary certificate. The Town Manager or his designee may condition
the authorization of any permit or certificate upon the correction of the deficiency, payment of civil
penalties within a specified time, or the posting of a performance surety.
E. Revocation of permit. The Town Manager or his designee may revoke and require the return of a
permit or certificate by notifying the permit holder in writing, stating the reason for the revocation.
Permits or certificates shall be revoked for any substantial departure from the approved application
plans, or specifications; refusal or failure to comply with the requirements of state or local law; or
for false statements or misrepresentations made in securing the permit or certificate. Any permit or
certificate mistakenly issued in violation of any applicable state or local law may also be revoked.
F. Criminal penalties. Any violation of this chapter shall be a misdemeanor or infraction as provided
by NCGS 14-4. Each violation shall be subject to a fine not to exceed five hundred dollars
($500.00).
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G. Notification of the State Enforcement Officials.
1. Industrial and related facilities. When a Town Manager or his designee discovers an
apparent violation of an industrial or related facility's NPDES storm water discharge permit
or that the facility is not operating pursuant to its storm water pollution prevention plan,
the Town shall notify the appropriate state officials immediately.
2. Construction sites. If the Town Manager or his designee discovers an apparent violation
of the NPDES storm water discharge permit required by the state for sites with land -
disturbing activity greater than one (1) acre, or less if part of a larger project, he shall report
the violation immediately to the appropriate state officials.
3. Abatement. When the discharge from the facility interferes significantly with the
receiving streams, and the facility fails to take appropriate actions upon notification by the
Town, the Town may take immediate and appropriate measures to control the problem
whether or not the facility is violating its NPDES permit and recover the cost from the
facility.
4. Judicial Enforcement. When any person is in violation of the provisions of this chapter,
the Town Manager or his designee, through the Town attorney, may petition the superior
court of justice for the issuance of a restraining order or a preliminary and permanent
injunction, which restrains or compels the activities in question.
4-2.6 APPEAL HEARING
A. Any person assessed a civil penalty under this chapter shall have the right to a hearing before the
Stormwater Administrator upon making a written demand to Stormwater Administrator specifying
the issues to be contested, within thirty (30) days following receipt of the assessment.
B. Unless such written demand is made within the time specified herein, the action shall be final and
binding.
C. The Stormwater Administrator shall make a final decision on the contested penalty within thirty
(30) days of the receipt of the written demand for a hearing.
D. The Stormwater Administrator shall transmit a copy of the decision by registered or certified mail.
E. The decision ofthe Stormwater Administrator shall be considered the final administrative action for
the purposes of judicial review. Any person may seek judicial review of a final administrative
decision by the Stormwater Administrator by filing a petition for writ of certiorari within thirty (30)
days after receipt of notice by registered or certified mail, but not thereafter, with the Superior Court
of Forsyth County and with a copy to Forsyth County.
4-3 POST -CONSTRUCTION RUNOFF
4-3.1 REVIEW PROCEDURES
A. Permit Required; Must Apply for Permit
A stormwater pen -nit is required (1) for all development and redevelopment unless exempt pursuant
to this ordinance, and (2) prior to the construction of any BMP. A permit may only be issued
subsequent to a properly submitted and reviewed permit application, pursuant to this section.
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B. Effect of Permit
A stormwater permit shall govern the design, installation, and construction of stormwater
management and control practices on the site, including structural BMPs and elements of site design
for stormwater management other than structural BMPs.
The permit is intended to provide a mechanism for the review, approval, and inspection of the
approach to be used for the management and control of stormwater for the development or
redevelopment site consistent with the requirements of this ordinance, whether the approach consists
of structural BMPs or other techniques such as low -impact or low -density design. The permit does
not continue in existence indefinitely after the completion of the project; rather, compliance after
project construction is assured by the maintenance provisions of this ordinance.
C. Authority to File Applications
All applications required pursuant to this Code shall be submitted to the Stormwater Administrator
by the land owner or the land owner's duly authorized agent.
D. Establishment of Application Requirements, Schedule, and Fees
1. Application Contents and Form
The Stormwater Administrator shall establish requirements for the content and form of all
applications and shall amend and update those requirements from time to time. At a
minimum, the stormwater permit application shall describe in detail how post -development
stormwater runoff will be controlled and managed, the design of all stormwater facilities
and practices, and how the proposed project will meet the requirements of dais ordinance.
2. Submission Schedule
The Stormwater Administrator shall establish a submission schedule for applications. The
schedule shall establish deadlines by which complete applications must be submitted for
the purpose of ensuring -that there is adequate time to review applications; and that the
various stages in the review process are accommodated.
3. Permit Review Fees
The Board of Alderman of the Town of Kernersville shall establish permit review fees as
well as policies regarding refund of any fees upon withdrawal of an application, and may
amend and update the fees and policies from time to time.
4. Administrative Manual
For applications required under this Code, the Stormwater Administrator shall compile the
application requirements, submission schedule, fee schedule, a copy of this ordinance, and
information on how and where to obtain the Design Manual in an Administrative Manual,
which shall be made available to the public.
E. Submittal of Complete Application
Applications shall be submitted to the Stormwater .Administrator pursuant to the application
submittal schedule in the form established by the Stormwater Administrator, along with the
appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all elements of a
complete application pursuant to this ordinance, along with the appropriate fee. If the Stormwater
Administrator finds that an application is incomplete, the applicant shall be notified of the deficient
elements and shall be provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline contained in the
submission schedule established above.
F. Review
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Within thirty (30) working days after a complete application is submitted, the Stormwater
Administrator shall review the application and determine whether the application complies with the
standards of this ordinance. The Stormwater Administrator may consult with the Stormwater Review
Committee regarding applications and make such written findings and recommendations as the
Slormwaler Administrator and the Slormwaler Review Commillee deem appropriate.
1. Approval
If the Stormwater Administrator finds that the application complies with the standards of
this ordinance, the Slormwaler Administrator shall approve the application. The
Stormwater Administrator may impose conditions of approval as needed to ensure
compliance with this ordinance. The conditions shall be included as part of the approval.
2. Fails to Comply
If the Stormwater Administrator finds that the application fails to comply with the
standards of this ordinance, the Stormwater Administrator shall notify the applicant and
shall indicate how the application fails to comply. The applicant shall have an opportunity
to submit a revised application.
3. Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater Administrator within
thirty (30) working days after its re -submittal and shall be approved, approved with
conditions or disapproved.
If a revised application is not re -submitted within thirty (30) calendar days from the date
the applicant was notified, the application shall be considered withdrawn, and a new
submittal for the same or substantially the same project shall be required along with the
appropriate fee.
One re -submittal of a revised application may be submitted without payment of an
additional permit review fee. Any re -submittal after the first re -submittal shall be
accompanied by a permit review fee additional fee, as established pursuant to this
ordinance.
4-3.2 APPLICATIONS FOR APPROVAL
A. Concept Plan and Consultation Meeting
At least two weeks prior to the submittal of a stormwater management permit application; the
developer shall request a consultation on a concept plan for the post -construction Stormwater
management system to be utilized in the proposed development project. This consultation meeting
shall take place at the time of the preliminary plan of subdivision or other early step in the
development process. The purpose of this meeting is to discuss the post -construction stormwater
management measures necessary for the proposed project, as well as to discuss and assess
constraints, opportunities and potential approaches to stormwater management designs before
formal site design engineering is commenced. Local watershed plans, the Kernersville Development
Plan and other relevant resource protection plans may be consulted in the discussion of the concept
plan.
To accomplish this goal the following information should be included in the concept plan, which
should be submitted in advance of the meeting:
1. Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at a minimum:
existing and proposed topography; perennial and intermittent streams; mapping of
predominant soils from soil surveys (when available); boundaries of existing predominant
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vegetation and proposed limits of clearing and grading; and location of existing and
proposed roads, buildings, parking areas and other impervious surfaces.
2. Natural Resources Inventory
A written or graphic inventory of the natural resources at the site and surrounding area as
it exists prior to the commencement of the project. This description should include a
discussion of soil conditions, forest cover, geologic features, topography, wetlands, and
native vegetative areas on the site, as well as the location and boundaries of other natural
feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers
and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular
attention should be paid to environmentally sensitive features that provide particular
opportunities or constraints for development.
3. Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post -development stormwater
management system including: preliminary selection and location of proposed structural
Stormwater controls; low impact design elements; location of existing and proposed
conveyance systems such as grass channels, swales, and storm drains; flow paths; location
of floodplain/floodway limits; relationship of site to upstream and downstream properties
and drainages; and preliminary location of proposed stream channel modifications, such
as bridge or culvert crossings.
B. Stormwater Management Permit Application
The Stormwater management permit application shall detail how post -development stormwater
runoff will be controlled and managed and how the proposed project will meet the requirements of
this ordinance, including Section 4-1.11(A). All such plans shall be prepared by a qualified
registered North Carolina professional engineer, surveyor, soil scientist or landscape architect, and
the engineer, surveyor, soil scientist or landscape architect shall perform services only in their area
of competence, and shall verify that the design of all stormwater management facilities and practices
meets the submittal requirements for complete applications, that the designs and plans are sufficient
to comply with applicable standards and policies found in the Design Manual, and that the designs
and plans ensure compliance with this ordinance.
The submittal shall include all of the information required in the submittal checklist established by
the Stormwater Administrator. Incomplete submittals shall be rejected.
C. As -Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant
shall certify that the completed project is in accordance with the approved stormwater management
plans and designs, and shall submit actual `'as built" plans for all stormwater management facilities
or practices after final construction is completed.
The plans shall show the final design specifications for all Stormwater management facilities and
practices and the field location, size, depth, and planted vegetation of all measures, controls, and
devices, as installed. The designer of the stormwater management measures and plans shall certify,
under seal, that the as -built Stormwater measures, controls, and devices are in compliance with the
approved Stormwater management plans and designs and with the requirements of this ordinance.
A final inspection and approval by the Stormwater Administrator shall occur before the release of
any performance surety.
D. Other Permits
No certificate of compliance or occupancy shall be issued by the Town of Kernersville Community
Development Department without final as -built plans and a final inspection and approval by the
Stormwater Administrator, except where multiple units are served by the stormwater practice or
facilities, in which case the Town of Kernersville Community Development Department may elect
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to withhold a percentage of permits or certificates of occupancy until as -built plans are submitted
and final inspection and approval has occurred.
4-3.3 APPROVALS
A. Effect of Approval
Approval authorizes the applicant to go forward with only the specific plans and activity authorized
in the permit. The approval shall not be construed to exempt the applicant from obtaining other
applicable approvals from local, state, and federal authorities.
B. Time Limit/Expiration
An approved plan shall become null and void if the applicant has failed to make substantial progress
on the site within one year after the date of approval. The Stormwater Administrator may grant a
single extension of this time limit of up to one-year, for good cause shown, upon receiving a written
request from the applicant before the expiration of the approved plan. Good cause for an extension
shall include, but not be limited to, weather conditions, and Acts of God.
In granting an extension, the Stormwater Administrator may require compliance with standards
adopted since the original application was submitted unless there has been substantial reliance on
the original permit and the change in standards would infringe the applicant's vested rights.
4-3.4 APPEALS
A. Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or determination relating to the
interpretation or application of this ordinance and made by the Stormwater Administrator may file
an appeal to the Board of Adjustment within 30 days.
B. Filing of Appeal and Procedures
Appeals shall be taken within the specified time period by filing a notice of appeal and specifying
the grounds for appeal on forms provided by the Town of Kernersville. The Stormwater
Administrator shall forthwith transmit to the Board of Adjustment all documents constituting the
record on which the decision appealed from was taken.
The hearing conducted by the Board of Adjustment shall be conducted in the nature of a quasi-
judicial proceeding with all findings of fact supported by competent, material evidence.
C. Review by Superior Court
Every decision of the Board of Adjustment shall be subject to Superior Court review by proceedings
in the nature of certiorari. Petition for review by the Superior Court shall be filed with the Clerk of
Superior Court within thirty (30) days after the latter of the following:
1. The decision of the Board of Adjustment is filed; or
2. A written copy thereof is delivered to every aggrieved party who has filed a written request
for such copy with the Chair of the Board of Adjustment at the time of its hearing of the
case.
4-3.5 GENERAL STANDARDS
All development and redevelopment to which this ordinance applies shall comply with the standards of this
section.
4-3.6 DEVELOPMENT STANDARDS FOR LOW -DENSITY PROJECTS
Low -density projects shall comply with each of the following standards:
A. Stormwater runoff from the development shall be transported from the development by vegetated
conveyances to the maximum extent practicable.
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B. All built -upon area shall be at a minimum of 30 feet landward of all perennial and intermittent
surface waters. A perennial or intermittent surface water shall be present if the feature is
approximately shown on either the most recent version of the soil survey map prepared by the
Natural Resources Conservation Service of the United States Department of Agriculture orthe most
recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the
United States Geologic Survey (USGS). An exception to this requirement may be allowed when
surface waters are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or
similar site -specific determination made using Division -approved methodology, or where no
practical alternative exists (Note: 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):
1. Road crossings, railroad crossings, bridges, airport facilities, and utility crossings.
2. Stormwater management facilities and ponds, and utility construction and maintenance
corridors for utilities such as water, sewer or gas.
3. 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. 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;
4. 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 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; and
5. Stream crossings associated with timber harvesting, if performed in accordance with the
Forest Practices Guidelines Related to Water Quality (15A NCAC 1 J .0201-.0209).
C. The approval of the stormwater permit shall require an enforceable restriction on property usage
that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that
future development and redevelopment maintains the site consistent with the approved project plans.
4-3.7 DEVELOPMENT STANDARDS FOR HIGH -DENSITY PROJECTS
High -density projects shall implement stormwater control measures that comply with each of the following
standards:
A. The measures shall utilize engineered stormwater controls to control runoff from the first inch of
rainfall. Runoff volume drawdown time shall be a minimum of 24 hours, but not more than 120
hours.
B. All structural stormwater treatment systems used to meet the requirements of the program shall be
designed to have a minimum of 85% average annual removal for Total Suspended Solids;
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C. General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H
.1008(c), as explained in the Design Manual;
D. All built -upon area shall be at a minimum of 30 feet landward of all perennial and intermittent
surface waters unless the area is used solely for access by emergency vehicles or is part of a railroad
crossing. A surface water shall be deemed present if the feature is approximately shown on either
the most recent version of the soil survey map prepared by the Natural Resources Conservation
Service of the United States Department of Agriculture or the most recent version of the 1:24,000
scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey
(USGS). An exception to this requirement may be allowed when surface waters are not present in
accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar site -specific determination
made using Division -approved methodology, or where no practical alternative exists (Note: 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):
1. Road crossings, railroad crossings, bridges, airport facilities, and utility crossings.
2. Stormwater management facilities and ponds, and utility construction and maintenance
corridors for utilities such as water, sewer or gas.
3. 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. 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;
4. 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 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; and
5. Stream crossings associated with timber harvesting, if performed in accordance with the
Forest Practices Guidelines Related to Water Quality (15A NCAC 1J .0201-.0209).
E. The approval of the stormwater permit shall require an enforceable restriction on property usage
that runs with the land, such as recorded deed restrictions or protective covenants, to ensure that
future development and redevelopment maintains the site consistent with the approved project plans.
4-3.8 STANDARDS FOR STORMWATER CONTROL MEASURES
A. Evaluation According to Contents of Design Manual
All stormwater control measures and stormwater treatment practices (also referred to as Best
Management Practices, or BMPs) required under this ordinance shall be evaluated by the
Stormwater Administrator according to the policies, criteria, and information, including technical
specifications and standards and the specific design criteria for each stormwater practice, in the
Design Manual. The Stormwater Administrator shall determine whether they will be adequate to
meet the requirements of this ordinance.
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B. Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and maintained in accordance with
the criteria and specifications in the Design Tfanual will be presumed to meet the minimum water
quality and quantity performance standards of this ordinance. Whenever an applicant proposes to
utilize a practice or practices not designed and constructed in accordance with the criteria and
specifications in the Design Manual, the applicant shall have the burden of demonstrating that the
practice(s) will satisfy the minimum water quality and quantity performance standards of this
ordinance. The Stormwater Administrator may require the applicant to provide such documentation,
calculations, and examples as necessary for the Stormwater Administrator to determine whether
such an affirmative showing is made.
4-3.9 VARIANCES
Any person may petition the Town of Kemersvil le for a variance granting permission to use the person's land
in a manner otherwise prohibited by this ordinance. To qualify for a variance, the petitioner must show all of
the following:
• Unnecessary hardships would result from strict application of this ordinance.
• The hardships result from conditions that are peculiar to the property, such as the location, size, or
topography of the property.
• The hardships did not result from actions taken by the petitioner.
• The requested variance is consistent with the spirit, purpose, and intent of this ordinance; will secure
public safety and welfare; and will preserve substantial justice.
• The Town of Kernersville may impose reasonable and appropriate conditions and safeguards upon any
variance it grants.
4-3.10 MAINTAINING IMPERVIOUS SURFACE AREA COVERAGE RIGHTS ON EXISTING
DEVELOPMENT
A. Reconstruction after removal of impervious surface area due to catastrophe.
1. Applicability
If impervious surfaces are removed as a result of fire, explosion, or other catastrophe, and
no government investigation determines that the damage resulted from the owner's
intentional conduct or gross negligence the owner of the property has two (2) years to
reestablish the impervious surface area to maintain or preserve the existing impervious
rights for that property.
2. Approval Process
The owner can reestablish the impervious surface area conditions by covering the same
area with any type of impervious cover including building, pavement, or compacted gravel
as long as a valid pennit has been issued for the work.
Alternatively, the owner of the property may submit a request for a time extension to the
Watershed Review Committee. In order for the Committee to approve the extension, the
owner must docu rent that there are future development intentions for the property and that
continued efforts have been made to redevelop the property during the two (2) year period
for reestablishment of the impervious surface area. The Watershed Review Committee will
be responsible for reviewing documentation submitted by the property owner to verify the
redevelopment efforts and to make a determination if a time extension will be granted, as
well as the duration of the extension.
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An application to request an extension shall be filed no later than one (1) month in advance
of the end of two (2) year period for reestablishment of the impervious surface area.
3. Appeals
Appeals of any order, requirement, decision or determination made by the Watershed
Review Committee may be made to, and decided by, the Board of Adjustment as set forth
in Section 3-7.7 of this Ordinance
B. Voluntary Demolition of impervious surface area.
1. Applicability
If impervious surfaces are removed as a result of voluntary actions of the owner of the
property has one hundred eighty (180) days to reestablish the impervious surface area to
maintain or preserve the existing impervious rights for that property.
2. Approval Process
The owner can reestablish the impervious surface area conditions by covering the same
area with any type of impervious cover including building, pavement, or compacted gravel
as long as a valid permit has been issued for the work.
Alternatively, the owner of the property may submit a request for a time extension to the
Watershed Review Committee. In order for the Committee to approve the extension, the
owner must document that there are future development intentions for the property and that
continued efforts have been made to redevelop the property during the one hundred eighty
(180) day period for reestablishment of the impervious surface area. The Watershed
Review Committee will be responsible for reviewing documentation submitted by the
property owner to verify the redevelopment efforts and to make a determination if a time
extension will be granted, as well as the duration of the extension.
An application to request an extension shall be filed no later than one (1) month in advance
of the end of the one hundred eighty (180) day period for reestablishment of the impervious
surface area.
C. Effective Date. The effective date of this section Maintaining Impervious Surface Area Coverage
Rights on Existing Development shall be February 7, 2017.
4-3.11 GENERAL STANDARDS FOR MAINTENANCE
A. Function of BMPs As Intended
The owner of each structural BMP installed pursuant to this ordinance shall maintain and operate it
so as to preserve and continue its function in controlling stormwater quality and quantity at the
degree or amount of function for which the structural BMP was designed.
B. Annual Maintenance Inspection and Report
The person responsible for maintenance of any structural BMP installed pursuant to this ordinance
shall submit to the Stormrvater Administrator an inspection report from a qualified registered North
Carolina professional engineer, surveyor, soil scientist or landscape architect performing services
only in their area of competence. The inspection report shall contain all of the following:
1. The name and address of the land owner;
2. The recorded book and page number of the lot of each structural BMP;
3. A statement that an inspection was made of all structural BMPs;
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4. The date the inspection was made;
5. A statement that all inspected structural BMPs are performing properly and are in
compliance with the terms and conditions of the approved maintenance agreement required
by this ordinance;
6. The original signature and seal of an engineer, surveyor, soil scientist or landscape architect
who either has adequate training in BMP maintenance or has been certified to maintain
BMPs.
7. Homeowner's and other associations required in Section 4-3.12(B) to enter into an
operation and maintenance agreement shall include a financial statement certifying
compliance with the escrow account requirements therein.
All inspection reports shall be on forms supplied by the Stormwater Administrator. An original
inspection report shall be provided to the Stormwater Administrator beginning one year from the
date ofas-built certification and each year thereafter on or before the date of the as -built certification.
4-3.12 OPERATION AND MAINTENANCE AGREEMENT
A. In General
Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP
pursuant to this ordinance, and prior to issuance of any permit for development or redevelopment
requiring a structural BMP pursuant to this ordinance, the applicant or owner of the site must
execute an operation and maintenance agreement that shall be binding on all subsequent ou ners of
the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference
of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have
primary responsibility for carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to maintain, repair and,
if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of
maintenance for the structural BMP. In addition, it shall grant to the Town of Kernersville a right
of entry in the event that the Stormwater Administrator has reason to believe it has become necessary
to inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall
the right of entry, of itself, confer an obligation on the Town of Kernersville to assume responsibility
for the structural BMP.
The operation and maintenance agreement must be approved by the SlormwalerAdminisiralor prior
to plan approval, and it shall be referenced on the final plat and shall be recorded with the county
Register of Deeds upon final plat approval. A copy of the recorded maintenance agreement shall be
given to the Stormwater Administrator within fourteen (14) days following its recordation.
B. Special Requirement for Homeowners' and Other Associations
For all structural BMPs required pursuant to this ordinance and that are to be or are owned and
maintained by a homeowners' association, property owners' association, or similar entity, the
required operation and maintenance agreement shall include all of the following provisions:
1. Acknowledgment that the association shall continuously operate and maintain the
stonnwater control and management facilities.
2. Establishment of an escrow account, which can be spent solely for sediment removal,
structural, biological or vegetative replacement, major repair, or reconstruction of the
structural BMPs. if structural BMPs are not performing adequately or as intended or are
not properly maintained, the Town of Kernersville in its sole discretion, may remedy the
situation, and in such instances, the Town of Kernersville shall be fully reimbursed from
the escrow account. Escrowed funds may be spent by the association for sediment removal,
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structural, biological or vegetative replacement, major repair, and reconstruction of the
structural BMPs, provided that the Town of Kernersville shall first consent to the
expenditure. Escrowed funds shall not be spent for routine landscaping maintenance items
such as mowing.
3. Requirement of both developer contribution and annual sinking funds to fund the escrow
account. Prior to plat recordation or issuance of construction permits, whichever shall first
occur, the developer shall pay into the escrow account an amount equal to fifteen (15) per
cent of the initial construction cost of the structural BMPs. Two-thirds (2/3) of the total
amount of sinking fund budget shall be deposited into the escrow account within the first
five (5) years and the full amount shall be deposited within ten (10) years following initial
construction of the structural BMPs. Funds shall be deposited each year into the escrow
account. A portion of the annual assessments of the association shall include an allocation
into the escrow account. Any funds drawn down from the escrow account shall be replaced
in accordance with the schedule of anticipated work used to create the sinking fund budget.
4. Requirement that the association is formed and the association bylaws are submitted to the
Town prior to the conveyance or transfer of any lot, unit or building site.
5. Grant to the Town of Kernersville a right of entry to inspect, monitor, maintain, repair,
and reconstruct structural BMPs.
6. Authorization for the Town of Kernersville to recover from the association and its members
any and all costs the Town of Kernersville expends to maintain or repair the structural
BMPs or to correct any operational deficiencies. Failure to pay the Town of Kernersville
all of its expended costs, after forty-five days written notice, shall constitute a breach of
the agreement. The Town of Kernersville shall thereafter be entitled to bring an action
against the association and its members to pay, or foreclose upon the lien hereby authorized
by the agreement against the property, or both, in case of a deficiency. Interest, collection
costs, and attorney fees shall be added to the recovery.
7. A statement that this agreement shall not obligate the Town of Kernersville to maintain or
repair any structural BMPs, and the Town of Kernersville shall not be liable to any person
for the condition or operation of structural BMPs.
S. A statement that this agreement shall not in any way diminish, limit, or restrict the right of
the Town of Kernersville to enforce any of its ordinances as authorized by law.
9. A clause indemnifying and holding harmless the Town of Kernersville for any costs and
injuries arising from or related to the structural BMP, unless the Town of Kernersville has
agreed in writing to assume the maintenance responsibility for the BMP and has accepted
dedication of any and all rights necessary to carry out that maintenance.
4-3.13 INSPECTION PROGRAM
Inspections and inspection programs by the Town of Kernersville may be conducted or established on any
reasonable basis, including but not limitedto routine inspections; random inspections; inspections based upon
complaints or other notice of possible violations; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and
repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and
evaluating the condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the Stormwater Administrator
shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor. No person
shall obstruct, hamper or interfere with the Stormwater Administrator while carrying out his or her official
duties.
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4-3.14 PERFORMANCE SURETY FOR INSTALLATION AND MAINTENANCE
A. May Be Required
The Town of Kernersville may, at its discretion, require the submittal of a performance surety prior
to issuance of a permit in order to ensure that the structural BMPs are:
1. installed by the permit holder as required by the approved stormwater management plan,
and/or
2. Maintained by the owner as required by the operation and maintenance agreement.
B. Amount
1. Installation
The amount of an installation performance surety shall be 100% of the total estimated
construction cost of the BMPs approved under the permit.
2. Maintenance
The amount of a maintenance performance surety shall be the present value of an annuity
of perpetual duration based on a reasonable estimate of the annual cost of inspection,
operation and maintenance of the BAIPs approved under the permit, at a discount rate that
reflects the jurisdiction's cost of borrowing minus a reasonable estimate of long term
inflation.
C. Uses of Performance Surety
1. Forfeiture Provisions
The performance surety shall contain forfeiture provisions for failure to complete work
within the time specified, or to initiate or maintain any actions which may be required of
the applicant or owner in accordance with this ordinance, approvals issued pursuant to this
ordinance, or an operation and maintenance agreement established pursuant to this
ordinance.
2. Default
Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any
structural BMP in accordance with the applicable permit or operation and maintenance
agreement, the Stormtivater Administrator shall obtain and use all or any portion of the
performance surety to make necessary improvements based on an engineering estimate.
Such expenditure of funds shall only be made after requesting the owner to comply with
the permit or maintenance agreement. In the event of a default triggering the use of
installation performance surety, the Town of Kemersville shall not return any of the unused
performance surety, which shall be retained for maintenance.
3. Costs in Excess of Performance Surety
If The Town of Kernersville takes action upon such failure by the applicant or owner, the
Town of Kernersville may collect from the applicant or owner for the difference should the
amount of the reasonable cost of such action exceed the amount of the performance surety
held.
4. Refund
Within sixty days of the final approval, the installation performance surety shall be
refunded to the applicant or terminated, with the exception of any amount attributable to
the cost (plus 25%) of landscaping installation and ongoing maintenance associated with
the BMPs covered by the surety. Any such landscaping shall be inspected one (1) year
after installation with replacement for compliance with the approved plans and
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specifications and, if in compliance, the portion of the performance surety attributable to
landscaping shall be released.
4-3.15 NOTICE TO OWNERS
A. Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement pertaining to every structural BMP shall be
referenced on the final plat and shall be recorded with the county Register of Deeds upon final plat
approval. If no subdivision plat is recorded for the site, then the operations and maintenance
agreement shall be recorded with the county Register of Deeds so as to appear in the chain of title
of all subsequent purchasers under generally accepted searching principles.
B. Signage
Where appropriate in the determination of the Stormwater Administrator to assure compliance with
this ordinance, structural BMPs shall be posted with a conspicuous sign stating who is responsible
for required maintenance and annual inspection. The sign shall be maintained so as to remain visible
and legible.
4-3.16 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at least
five years from the date of creation of the record and shall submit the same upon reasonable request to the
Stormwater Administrator.
4-3.17 NUISANCE
The owner of each Stormwater BMP, whether structural or non-structural BMP, shall maintain it so as not
to create or result in a nuisance condition.
4-3.18 GENERAL STANDARDS FOR ENFORCEMENT AND VIOLATIONS
A. Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater Administrator, his or her
designee, or any authorized agent of the Town of Kernersville. Whenever this section refers to the
Stormwater Administrator, it includes his or her designee as well as any authorized agent of Town
of Kernersville.
B. Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed
by this ordinance, or the terms or conditions of any permit or other development or redevelopment
approval or authorization granted pursuant to this ordinance, is unlawful and shall constitute a
violation of this ordinance.
C. Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct violation or offense.
D. Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to
erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition in
violation of this ordinance shall be subject to the remedies, penalties, and/or enforcement actions in
accordance with this section. Persons subject to the remedies and penalties set forth herein may
include any architect, engineer, builder, contractor, developer, agency, or any other person who
participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes
a violation of this ordinance, or fails to take appropriate action, so that a violation of this ordinance
results or persists; or an owner, any tenant or occupant, or any other person, who has control over,
or responsibility for, the use or development of the property on which the violation occurs.
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For the purposes of this article, a responsible person(s) shall include the owner of the land on which
Lite violation occurs, any tenant or occupant of the property, any person who is responsible for
stormwater controls or practices pursuant to a private agreement or public document, or any person,
who has control over, or responsibility for, the use, development or redevelopment of the property.
A responsible person(s) may also include, but not be limited to an architect, engineer, builder,
contractor, developer, agency, or any other person who participates in, assists, directs, creates,
causes, maintains or does not correct a condition that constitutes a violation of this ordinance, or
fails to take appropriate action, resulting in a continuing violation.
4-3.19 REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this ordinance, whether civil or criminal, shall be
cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
A. Remedies
1. Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to issue a certificate
of occupancy for the building or other improvements constructed or being constructed on
the site and served by the Stormwater practices in question until the applicant or other
responsible person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violations described therein.
2. Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this ordinance continues and remains uncorrected, the Stormwater
Administrator shall inform the zoning officer(s) and other development officials and
request that all permits or development approvals or authorizations provided for by this
ordinance or the zoning, subdivision, and/or building regulations, be delayed or denied, as
appropriate, for the land on which the violation occurs until the corrective actions have
been completed
3. Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the Board of Alderman of
the Town of Kernersville may institute an action in a court of competent jurisdiction for a
mandatory or prohibitory injunction and order of abatement to correct a violation of this
ordinance. Any person violating this ordinance shall be subject to the full range of equitable
remedies provided in the General Statutes or at common law.
4. Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or public safety and
is within the geographic limits prescribed by North Carolina G.S. § 160A-193, the
Stormwater Administrator, with the written authorization of the Board of Alderman of the
Town of Kernersville may cause the violation to be corrected and the costs to be assessed
as a lien against the property.
5. Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s) violating this
ordinance. The stop work order shall remain in effect until the person has taken the
remedial measures set forth in the notice of violation or has otherwise cured the violation
or violations described therein. The stop work order may be withdrawn or modified to
enable the person to take the necessary remedial measures to cure such violation or
violations.
B. Civil Penalties
Violation of this ordinance may subject the violator to a civil penalty to be recovered in a civil action
in the nature of a debt if the violator does not pay the penalty within 30 days after notice of the
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violation is issued by the Stormwater Administrator. Civil penalties may be assessed up to the full
amount of penalty to which the Town of Kernersville is subject for violations of its Phase 11
Stormwater permit and shall be included annually in the Statement of Fees and Charges adopted by
the Board of Aldermen.
C. Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to the maximum fine
permissible under North Carolina law.
4-3.20 PROCEDURES
A. Initiation/Complain t
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file
a written complaint. Such complaint shall state fully the alleged violation and the basis thereof, and
shall be filed with the Stormwater Administrator, who shall record the complaint. The complaint
shall be investigated promptly by the Stormwater Administrator.
B. Inspection
The Stormwater Administrator shall have the authority, upon presentation of proper credentials, to
enter and inspect any land, building, structure, or premises to ensure compliance with this ordinance.
C. Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or land is in violation of this
ordinance, the Stormwater Administrator shall notify, in writing, the property owner or other person
violating this ordinance. The Stormwater Administrator may consult with the Stormwater Review
Committee regarding such violations prior to making a determination regarding whether a violation
exists and the type of correction needed. The notification to the property owner or other person
violating this ordinance shall indicate the nature of the violation, contain the address or other
description of the site upon which the violation is occurring, order the necessary action to abate the
violation, and give a deadline for correcting the violation. If civil penalties are to be assessed, the
notice of violation shall also contain a statement of the civil penalties to be assessed, the time of
their accrual, and the time within which they must be paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and correction order personally,
by the Kernersville Police Department or appropriate Sheriff's department, by certified or registered
mail, return receipt requested, or by any means authorized for the service of documents by Rule 4
of the North Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as provided in the notification, the
Stormwater Administrator may take appropriate action under this ordinance to correct and abate the
violation and to ensure compliance with this ordinance.
D. Extension of Time
A person who receives a notice of violation and correction order, or the owner of the land on which
the violation occurs, may submit to the Stormwater Administrator a written request for an extension
of time for correction of the violation. On determining that the request includes enough information
to show that the violation cannot be corrected within the specified time limit for reasons beyond the
control of the person requesting the extension, the Stormwater Administrator may extend the time
limit as is reasonably necessary to allow timely correction of the violation, up to, but not exceeding
60 days. The Stormwater Administrator may grant 30 day extensions in addition to the foregoing
extension if the violation cannot be corrected within the permitted time due to circumstances beyond
the control of the person violating this ordinance. The Stormwater Administrator may grant an
extension only by written notice of extension. The notice of extension shall state the date prior to
which correction must be made, after which the violator will be subject to the penalties described in
the notice of violation and correction order.
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E. Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s) if authorized by the
Stormwater Administrator, the Stormwater Administrator shall determine if the violation is
corrected. If the violation is not corrected, the Stormwater Administrator may act to impose one or
more of the remedies and penalties authorized by this ordinance.
F. Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective enforcement of this ordinance
or pose an immediate danger to the public health, safety, or welfare, then the Slormwaler
Administrator may order the immediate cessation of a violation. Any person so ordered shall cease
any violation immediately. The Stormwater Administrator may seek immediate enforcement,
without prior written notice, through any remedy or penalty authorized by this article.
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CHAPTER C - ENVIRONMENTAL ORDINANCE
ARTICLE V - RIPARIAN BUFFER PROTECTION ORDINANCE FOR
LANDS WITHIN THE JORDAN WATERSHED
TABLE OF CONTENTS
5-1.1
Authority...............................................................................................................................442
5-1.2
Purpose and intent.................................................................................................................
442
5-1.3
Title.......................................................................................................................................
442
5-1.4
Jurisdiction............................................................................................................................442
5-1.5
Applicability............. ............. ....... ............. — ..... ....... ..... — ..... ....... ....... ...............
..... 442
5-1.6
Relation to Other Ordinances................................................................................................
442
5-1.7
Riparian Area Protection within the Jordan Reservoir Watershed .........................................
442
A.
Buffers Protected.....................................................................................................................
442
B.
Exemption Based on On —site Determination...........................................................................
443
C.
Exemption when Existing Uses are Present and Ongoing.......................................................
444
D.
Zones of the Riparian Buffer...................................................................................................444
E.
Diffuse Flow Requirements.....................................................................................................
445
5-1.8
Potential Uses and Associated Requirements........................................................................
445
A.
Approval for New Development.............................................................................................
445
B.
Table of Uses...........................................................................................................................
445
C.
Requirements for Categories of Uses......................................................................................
454
5-1.9
Permits Procedures, Requirements, and Approvals...............................................................
454
A.
Determination of No Practical Alternatives / Request for Authorization Certificate ...............
454
B.
Variances.................................................................................................................................
455
C.
Mitigation................................................................................................................................
456
5-1.10
Compliance and Enforcement...............................................................................................460
A.
Site Inspections........................................................................................................................
460
B.
Civil Penalties..........................................................................................................................
460
C.
Criminal Penalties...................................................................................................................
461
D.
injunctive Relief......................................................................................................................
461
5-1.11
Severability...........................................................................................................................
462
5-1.12
Effective Date........................................................................................................................
462
5-1.13
Revisions to this Ordinance...................................................................................................
462
5-1.14
Definitions.............................................................................................................................462
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5-1 GENERAL PROVISIONS
5-1.1 AUTHORITY
This Ordinance is adopted pursuant to the authority vested in Town of Kernersville by the Session Laws and
the General Statutes of North Carolina, particularly Session Law 2009-216 (House Bill 239), Session Law
2009-484 (Senate Bill 838), N.0 Gen. Stat § 153A-121, 153A-140, Chapter 153A, Article 18, N.C. Gen. Stat
§160A-174, 160A-193, Chapter 160A, Article 19, and any special legislation enacted by the General
Assembly for Town of Kernersville.
5-1.2 PURPOSE AND INTENT
The purposes of the Town of Kernersville in adopting the following Ordinance is to protect and preserve
existing riparian buffers throughout the Jordan Watershed as generally described in Rule 15A NCAC 02B
.0262 (Jordan Water Supply Nutrient Strategy: Purpose and Scope), in order to maintain their nutrient
removal and stream protection functions. Additionally this Ordinance will help protect the water supply uses
of Jordan Reservoir and of designated water supplies throughout the Jordan watershed.
Buffers adjacent to streams provide multiple environmental protection and resource management benefits.
Forested buffers enhance and protect the natural ecology of stream systems, as well as water quality through
bank stabilization, shading, and nutrient removal. They also help to minimize flood damage in flood prone
areas. Well -vegetated streamside riparian areas help to remove nitrogen and prevent sediment and sediment -
bound pollutants such as phosphorous from reaching the streams.
5-1.3 TITLE
This Ordinance shall be known as the Town of Kernersville Riparian Buffer Protection Ordinance for Lands
within the Jordan Watershed.
5-1.4 JURISDICTION
This Ordinance shall be applied to all land in the planning jurisdiction of Town of Kernersville that is located
within the Jordan Reservoir Watershed.
5-1.5 APPLICABILITY
This Ordinance applies to all landowners and other persons conducting activities in the area described in
Section 4, with the exception of activities conducted under the authority of the State, the United States,
multiple jurisdictions, or local units of government, and forest harvesting and agricultural activities. The NC
Division of Water Quality shall administer the requirements of Rule 15A NCAC 02B .0267 and .0268 (Jordan
Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers and Mitigation of Existing Riparian
Buffers, respectively) for these activities.
5-1.6 RELATION TO OTHER ORDINANCES
The requirements of this Ordinance shall supersede all locally implemented buffer requirements stated in
Rules 15A NCAC 02B .0214 through .0216 as applied to WS-il, WS-111, and WS-TV waters in the Jordan
watershed. If the provisions of this ordinance otherwise conflict with the provisions of any other validly
enforceable ordinance(s) or laws, the most stringent provisions shall control. This Ordinance is not intended
to interfere with, abrogate, or annul any other ordinance, rule, regulation, or other provision of law.
5-1.7 RIPARIAN AREA PROTECTION WITHIN THE JORDAN RESERVOIR WATERSHED
A. Buffers Protected
The following minimum criteria shall be used for identifying regulated buffers:
This Ordinance shall apply to activities conducted within, or outside of with hydrologic
impacts in violation of the diffuse flow requirements set out in Section 7.(E) upon, 50-foot
wide riparian buffers directly adjacent to surface waters in the Jordan watershed
(intermittent streams, perennial streams, lakes, reservoirs and ponds), excluding wetlands.
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Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered
as part of the riparian buffer but are regulated pursuant to Rules 15A NCAC 2B .0230 and
.0231, Rules 15A NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of
the Federal Water Pollution Control Act.
For the purpose of this Ordinance, only one of the following types of maps shall be used
for purposes of identifying a water body subject to the requirements of this ordinance:
a. The most recent version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture.
b. The most recent version of the 1:24,000 scale (7.5 minute) quadrangle
topographic maps prepared by the United States Geologic Survey (USGS).
C. A map approved by the Geographic Information Coordinating Council and by the
NC Environmental Management Commission. Prior to approving a map under
this Item, the Commission shall provide a 30-day public notice and opportunity
for comment. Alternative maps approved by the Commission shall not be used
for buffer delineation on projects that are existing and ongoing within the meaning
of Section 7. (C) of this Ordinance.
Where the specific origination point of a stream regulated under this Item is in question,
upon request of the NC Division of Water Quality or another party, the Town of
Kernersville shall make an on -site determination. A Town of Kernersville representative
who has successfully completed the Division's Surface Water Identification Training
Certification course, its successor, or other equivalent training curriculum approved by the
Division, shall establish that point using the latest version of the Division publication,
Identification Methods for the Origins of Intermittent and Perennial Streams, available at
http://h2o.enr.state.nc.us/ncwetlands/documents/
NC_Stream _ID Manual.pdf or from the NC Division of Water Quality - 401 Oversight
Express Permitting Unit, or its successor. The Town of Kernersville may accept the results
of a site assessment made by another party who meets these criteria. Any disputes over on -
site determinations made according to this Item shall be referred to the Director of the
Division of Water Quality c/o the 401 Oversight Express Permitting Unit, or its successor,
in writing. The Director's determination is subject to review as provided in Articles 3 and
4 of G.S. 150B.
Riparian buffers protected by this Ordinance shall be measured pursuant to Section 7. (D)
of this Ordinance.
Parties subject to this Ordinance shall abide by all State rules and laws regarding waters of
the state including but not limited to Rules 15A NCAC 213 .0230 and .0231, Rules 15A
NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the Federal Water
Pollution Control Act.
No new clearing, grading, or development shall take place nor shall any new building
permits be issued in violation of this Ordinance.
B. Exemption Based on On —site Determination
When a 1 andowner or other affected party including the Division believes that the maps have
inaccurately depicted surface waters, he or she shall consult the Town of Kernersville. Upon
request, a Town of Kernersville representative who has successfully completed the Division of
Water Quality's Surface Water Identification Training Certification course, its successor, or other
equivalent training curriculum approved by the Division, shall make an on -site determination. The
Town of Kernersville may also accept the results of site assessments made by other- parties who
have successfully completed such training. Any disputes over on -site determinations shall be
referred to the Director of the Division of Water Quality c/o the 401 Oversight Express Permitting
Unit, or its successor, in writing. A determination of the Director as to the accuracy or application
of the maps is subject to review as provided in Articles 3 and 4 of G.S. 15013. Surface waters that
appear on the maps shall not be subject to these buffer requirements if a site evaluation reveals any
of the following cases:
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Man-made ponds and lakes that are not part of a natural drainage way that is classified in
accordance with 15A NCAC 2B .0100, including ponds and lakes created for animal
watering, irrigation, or other agricultural uses. (A pond or lake is part of a natural drainage
way when it is fed by an intermittent or perennial stream or when it has a direct discharge
point to an intermittent or perennial stream.)
Ephemeral streams.
The absence on the ground of acorresponding intermittent or perennial stream, lake,
reservoir, or pond.
Ditches or other man-made water conveyances, other than modified natural streams.
C. Exemption when Existing Uses are Present and Ongoing
This Ordinance shall not apply to uses that are existing and ongoing; however, this Ordinance shall
apply at the time an existing, ongoing use is changed to another use. Change of use shall involve
the initiation of any activity that does not meet either of the following criteria for existing, ongoing
activity:
1. it was present within the riparian buffer as of the effective date of this Ordinance and has
continued to exist since that time. Existing uses shall include agriculture, buildings,
industrial facilities, commercial areas, transportation facilities, maintained lawns, utility
lines and on -site sanitary sewage systems, any of which involve either specific, periodic
management of vegetation or displacement of vegetation by structures or regular activity.
Only the portion of the riparian buffer occupied by the footprint of the existing use is
exempt from this Ordinance. Change of ownership through purchase or inheritance is not
a change of use. Activities necessary to maintain uses are allowed provided that the site
remains similarly vegetated, no impervious surface is added within 50 feet of the surface
water where it did not previously exist as of the effective date of this Ordinance, and
existing diffuse flow is maintained. G rading and revegetating Zone Two is allowed
provided that the health of the vegetation in Zone One is not compromised, the ground is
stabilized and existing diffuse flow is maintained.
2. Projects or proposed development that are determined by the Town of Kernersville to meet
at least one of the following criteria:
a. Project requires a 401 Certification/404 Permit and these were issued prior to the
effective date this Ordinance, and prior to the effective date of this Ordinance.
b. Projects that require a s late permit, such as landfills, NPDES wastewater
discharges, land application of residuals and road construction activities, have
begun construction or are under contract to begin construction and had received
all required state permits and certifications prior to the effective date of this
Ordinance;
C. Projects that are being reviewed through the Clean Water Act Section
404/National Environmental Policy Act Merger 01 Process (published by the US
Army Corps of Engineers and Federal Highway Administration, 2003) or its
immediate successor and that have reached agreement with DENR on avoidance
and minimization by the effective date of this Ordinance; or
d. Projects that are not required to be reviewed by the Clean Water Act Section
404/National Environmental Policy Act Merger 01 Process (published by the US
Army Corps of Engineers and Federal Highway Administration, 2003) or its
immediate successor if a Finding of No Significant impact has been issued for the
project and the project has the written approval of the Town of Kernersville prior
to the effective date of this Ordinance.
D. Zones of the Riparian Buffer
The protected riparian buffer shall have two zones as follows:
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I. Zone One shall consist of a vegetated area that is undisturbed except for uses provided for
in the Table of Uses, Section 8. (B) of this Ordinance. The location of Zone One shall be
as follows:
a. For interrnittent and perennial streams, Zone One shall begin at the top of the bank
and extend landward a distance of 30 feet on all sides of the surface water,
measured horizontally on a line perpendicular to a vertical line marking the top of
the bank.
b. For ponds, lakes and reservoirs located within a natural drainage way, Zone One
shall begin at the nornial water level and extend landward a distance of 30 feet,
measured horizontally on al ine perpendicular to a vertical line marking the
normal water level.
2. Zone Two shall consist of a stable, vegetated area that is undisturbed except for uses
provided for in the Table of Uses, Section 8. (B) of this Ordinance. Grading and
revegetating in Zone Two is allowed provided that the health of the vegetation in Zone One
is not compromised. Zone Two shall begin at the outer edge of Zone One and extend
landward 20 feet as measured horizontally on a line perpendicular to the surface water.
The combined width of Zones One and Two shall be 50 feet on all sides of the surface
water.
E. Diffuse Flow Requirements
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow
prior to its entry into the buffer and reestablishing vegetation as follows:
Concentrated runoff from new ditches or man-made conveyances shall be converted to
diffuse flow at non -erosive velocities before the runoff enters Zone Two of the riparian
buffer;
Periodic corrective action to restore diffuse flow shall be taken as necessary and shall be
designed to impede the formation of erosion gullies; and
As set out in Sections 7.(D) and 8.(B) of this Ordinance, The Zones of the Riparian Buffer
and Table of Uses respectively, no new stormwater conveyances are allowed through the
buffers except for those specified in the Table of Uses, Section 8.(B) of this Ordinance,
addressing stormwater management ponds, drainage ditches, roadside ditches, and
stormwater conveyances.
5-1.8 POTENTIAL USES AND ASSOCIATED REQUIREMENTS
A. Approval for New Development
Town of Kernersville shall issue an approval for new development only if the development
application proposes to avoid impacts to riparian buffers defined in Section 7. (A) of this Ordinance,
or where the application proposes to impact such buffers, it demonstrates that the applicant has done
the following, as applicable:
1. Determined the activity is exempt from requirements of this Ordinance;
2. Received an Authorization Certificate from the Division pursuant to Section 9.A of this
Ordinance;
3. For uses designated as Allowable with Mitigation in the Table of Uses in Section 8.(B),
received approval of mitigation plan pursuant to Section 9.(C) of this Ordinance; and
4. Received a variance pursuant to Section 9. (B).
B. Table of Uses
The following chart sets out potential new uses within the buffer, or outside the buffer with impacts
on the buffer, and categorizes them as exempt, allowable, or allowable with mitigation. All uses
not categorized as exempt, allowable, or allowable with mitigation are considered prohibited and
may not proceed within the riparian buffer or outside the buffer if the use would impact the buffer,
unless a v ariance is granted pursuant to Section 9.(C) of this Ordinance, Variances. The
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requirements for each category are given in Section 8. (C) of this Section following the Table of
Uses.
Use
* To qualify for the designation indicated in the column header,
Exempt*
Allowable*
Allowable with
Mitigation*
an activity must adhere to the limitations defined for it in a given
listing as well as the requirements established in Section 8. (C)
of this Ordinance.
Access trails: Pedestrian access trails leading to the surface water,
docks, fishing piers, boat ramps and other water dependent activities:
• Pedestrian access trails that are restricted to the minimum width
X
practicable and do not exceed 4 feet in width of buffer disturbance,
and provided that installation and use does not result in removal of
trees as defined in this Ordinance and no impervious surface is added
to the riparian buffer
• Pedestrian access trails that exceed 4 feet in width of buffer
X
disturbance, the installation or use results in removal of trees as
defined in this Ordinance or impervious surface is added to the
riparian buffer
Airport facilities:
• Airport facilities that impact equal to or less than 150 linear feet or
X
one-third of an acre of riparian buffer
• Airport facilities that impact greater than 150 linear feet or one-third
of an acre of riparian buffer
X
• Activities necessary to comply with FAA requirements (e.g. radar
X
uses or landing strips)'
Archaeological activities
X
Bridges
X
Canoe Access provided that installation and use does not result in
removal of trees as defined in this Ordinance and no impervious surface
X
is added to the buffer.
Dam maintenance activities:
• Dam maintenance activities that do not cause additional buffer
disturbance beyond the footprint of the existing dam or those covered
X
under the U.S. Army Corps of Engineers Nationwide Permit No. 3
• Dam maintenance activities that do cause additional buffer
X
disturbance beyond the footprint of the existing dam or those not
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covered under the U.S. Army Corps of Engineers Nationwide Permit
No.3
Drainage ditches, roadside ditches and stormwater conveyances through
riparian buffers:
• New stormwater flows to existing drainage ditches, roadside ditches,
X
and stormwater conveyances provided flows do not alter or result in
the need to alter the conveyance and are managed to minimize the
sediment, nutrients and other pollution that convey to waterbodies.
• Realignment of existing roadside drainage ditches retaining the
design dimensions, provided that no additional travel lanes are added
X
and the minimum required roadway typical section is used based on
traffic and safety considerations.
• New or altered drainage ditches, roadside ditches and stormwater
X
outfalls provided that a stormwater management facility is installed
to control nutrients and attenuate flow before the conveyance
discharges through the riparian buffer
• New drainage ditches, roadside ditches and stormwater conveyances
X
applicable to linear projects that do n of provide a stormwater
management facility due to topography constraints provided that
other practicable BMPs are employed.
Drainage of a pond in a natural drainage way provided that a new
riparian buffer that meets the requirements of Items (7) and (8) of this
X
rule is established adjacent to the new channel.
Driveway crossings of streams and other surface waters subject to this
Ordinance:
• Driveway crossings on single family residential lots that disturb equal
X
to or less than 25 linear feet or 2,500 square feet of riparian buffer
• Driveway crossings on single family residential lots that disturb
X
greater than 25 linear feet or 2,500 square feet of riparian buffer
• In a subdivision that cumulatively disturb equal to or less than 150
X
linear feet or one-third of an acre of riparian buffer
• In a subdivision that cumulatively disturb greater than 150 linear feet
X
or one-third of an acre of riparian buffer
Driveway impacts other than crossing of a stream or other surface waters
subject to this Ordinance
X
Fences:
• Fences provided that disturbance is minimized and installation does
X
not result in removal of trees as defined in this Ordinance
• Fences provided that disturbance is minimized and installation results
X
in removal of trees as defined in this Ordinance
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Fertilizer application: one-time application to establish vegetation
X
Grading and revegetation in Zone Two provided that diffuse flow and
the health of existing vegetation in Zone One is not compromised and
X
disturbed areas are stabilized until they are revegetated.
Greenway / hiking trails designed, constructed, and maintained to
maximize nutrient removal and erosion protection, minimize adverse
effects on aquatic life and habitat, and protect water quality to the
X
maximum extent practical.
Historic preservation
X
Maintenance access on modified natural streams: a grassed travel way
on one side of the water body when less impacting alternatives are not
practical. The width and specifications of the travel way shall be only
X
that needed for equipment access and operation. The travel way shall
be located to maximize stream shading.
Mining activities:
• Mining activities that are covered by the Mining Act provided that
X
new riparian buffers that meet the requirements of Sections 7.(D) and
7.(E) of this Ordinance are established adjacent to the relocated
channels
X
• Mining activities that are not covered by the Mining Act OR where
new riparian buffers that meet the requirements of Sections 7.(D) and
7.(E) of this Ordinance are not established adjacent to the relocated
X
channels
• Wastewater or mining dewatering wells with approved NPDES
permit
Piping of a stream allowed under a permit issued by the United States
Army Corp of Engineers
X
Playground equipment:
• Playground equipment on single family lots provided that installation
X
and use does not result in removal of vegetation
• Playground equipment installed on lands other than single-family lots
X
or that requires removal of vegetation
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Ponds created by impounding streams and not used as stormwater
BMPs:
• New ponds provided that a riparian buffer that meets the requirements
of Sections 7.(D) and 7.(E) of this Ordinance is established adjacent
to the pond
X
• New ponds where ariparian buffer that meets the requirements of
X
Sections 7.(D) and 7.(E) of this Ordinance is NOT established
adjacent to the pond
Protection of existing structures, facilities and stream banks when this
requires additional disturbance of the riparian buffer or the stream
X
channel
Railroad impacts other than crossings of streams and other surface
waters subject to this Ordinance.
X
Railroad crossings of streams and other surface waters subject to this
Ordinance:
• Railroad crossings that impact equal to or less than 40 linear feet of
X
riparian buffer
• Railroad crossings that impact greater than 40 linear feet but equal to
X
or less than 150 linear feet or one-third of an acre of riparian buffer
• Railroad crossings that impact greater than 150 linear feet or one-third
X
of an acre of riparian buffer
Recreational and accessory structures in Zone Two:
• Sheds and gazebos in Zone Two, provided they are not prohibited
under local water supply ordinance:
o Total footprint less than or equal to 150 square feet per lot.
X
o Total footprint greater than 150 square feet per lot.
X
• Wooden slatted decks and associated steps, provided the use meets
the requirements of Sections 7.(D) and 7.(E) of this Ordinance:
o Deck at least eight feet in height and no vegetation removed
X
from Zone One.
o Deck less than eight feet in height or vegetation removed from
X
Zone One.
Removal of previous fill or debris provided that diffuse flow is
maintained and vegetation is restored
X
Road impacts other than crossings of streams and other surface waters
subject to this Ordinance
X
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Road crossings of streams and other surface waters subject to this
Ordinance:
• Road crossings that impact equal to or less than 40 linear feet of
X
riparian buffer
• Road crossings that impact greater than 40 linear feet but equal to or
less than 150 linear feet or one-third of an acre of riparian buffer
X
• Road crossings that impact greater than 150 linear feet or one-third of
an acre of riparian buffer
X
Road relocation: Relocation of existing private access roads associated
with public road projects where necessary for public safety:
• Less than or equal to 2,500 square feet of buffer impact
X
• Greater than 2,500 square feet of buffer impact
X
Stormwater BMPs:
• Wet detention, bioretention, and constructed wetlands in Zone Two if
X
diffuse flow of discharge is provided into Zone One
• Wet detention, bioretention, and constructed wetlands in Zone One
X
Scientific studies and stream gauging
X
Streambank or shoreline stabilization
X
Temporary roads, provided that the disturbed area is restored to pre -
construction topographic and bydrologic conditions immediately after
construction is complete and replanted immediately with comparable
vegetation, except that tree planting may occur during the dormant
season. A one-time application of fertilizer may be used to establish
vegetation: At the end of five years the restored buffer shall comply
with the restoration criteria in Section 9.(C)(7) of this Ordinance:
• Less than or equal to 2,500 square feet of buffer disturbance
X
• Greater than 2,500 square feet of buffer disturbance
X
• Associated with culvert installation or bridge construction or
X
replacement.
Temporary sediment and erosion control devices, provided that the
disturbed area is restored to pre -construction topographic and
hydrologic conditions immediately after construction is complete and
replanted immediately with comparable vegetation, except that tree
planting may occur during the dormant season. A one-time application
of fertilizer may be used to establish vegetation. At the end of five years
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the restored buffer shall comply with the restoration criteria in Section
9.(C)(7) of this Ordinance:
• In Zone Two provided ground cover is established within timcframcs
X
required by the Sedimentation and Erosion Control Act, vegetation in
Zone One is not compromised, and runoff is released as diffuse flow
in accordance with Section 7. (E) of this Ordinance.
• In Zones one and two to control impacts associated with uses
X
approved by Town of Kernersville or that have received a variance,
provided that sediment and erosion control for upland areas is
addressed, to the maximum extent practical, outside the buffer.
• In -strewn temporary erosion and sediment control measures for
X
work within a stream channel that is authorized under Sections 401
and 404 of the Federal Water Pollution Control Act.
• In -stream temporary erosion and sediment control measures for
X
work within a stream channel.
Utility, electric, aerial, perpendicular crossings of streams and other
surface waters subject to this Ordinance°3°5:
• Disturb equal to or less than 150 linear feet of riparian buffer
X
• Disturb greater than 150 linear feet of riparian buffer
X
Utility, electric, aerial, other than perpendicular crossings5:
• Impacts in Zone Two
x
• Impacts in Zone One2,3
X
Utility, electric, underground, perpendicular crossings3,4,5:
• Disturb less than or equal to 40 linear feet of riparian buffer
x
• Disturb greater than 40 linear feet of riparian buffer
x
Utility, electric, underground, other than perpendicular crossings4:
• Impacts in Zone Two
x
• Impacts in Zone Onel
X
Utility non -electric, perpendicular crossings of streams and other
surface waters subject to this Ordinance',':
• Disturb equal to or less than 40 linear feet of riparian buffer with a
x
maintenance corridor equal to or less than 10 feet in width
• Disturb equal to or less than 40 linear feet of riparian buffer with a
X
maintenance corridor greater than 10 feet in width
• Disturb greater than 40 linear feet but equal to or less than 150 linear
X
feet of riparian buffer with a maintenance corridor equal to or less
than 10 feet in width
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• Disturb greater than 40 linear feet but equal to or less than 150 linear
X
feet of riparian buffer with a maintenance corridor greater than 10 feet
in width
• Disturb greater than 150 linear feet of riparian buffer
X
Utility, non -electric, other than perpendicular crossings45:
• Impacts in Zone Two
X
• Impacts in Zone Onei
X
Vegetation management:
• Emergency fire control measures provided that topography is restored
X
• Mowing or harvesting of plant products in Zone Two
X
• Planting vegetation to enhance the riparian buffer
X
• Pruning forest vegetation provided that the health and function of the
X
forest vegetation is not compromised
• Removal of individual trees that are in danger of causing damage to
X
dwellings, other structures or human life, or are imminently
endangering stability of the streambank.
• Removal of individual trees which are dead, diseased, or damaged.
X
• Removal of poison ivy
X
• Removal of invasive exotic vegetation as defined in:
X
Smith, Cherri L. 1998. Exotic Plant Guidelines. Dept. of Environment
and Natural Resources. Division of Parks and Recreation. Raleigh, NC.
Guideline 430
• Vehicular access roads leading to water -dependent structures as
defined in 15A NCAC 02B .0202, provided they do not cross the
surface water and have minimum practicable width not exceeding ten
X
feet.
• Water dependent structures as defined in 15A NCAC 02B .0202
where installation and use result in disturbance to riparian buffers.
X
Water supply reservoirs:
• New reservoirs where a riparian buffer that meets the requirements of
X
Sections 7.(D) and 7.(E) of this Ordinance is established adjacent to
the reservoir
• New reservoirs where a riparian buffer that meets the requirements of
X
Sections 7.(D) and 7.(E) of this Ordinance is not established adjacent
to the reservoir
Water wells:
• Single family residential water wells
X
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• All other water wells
X
Wetland, stream and buffer restoration that results in impacts to the
riparian buffers:
• Wetland, stream and buffer restoration that requires NC Division of
X
Water Quality approval for the use of a 4 01 Water Quality
Certification
• Wetland, stream and buffer restoration that does not require Division
of Water Quality approval for the use of a 401 Water Quality
X
Certification
Wildlife passage structures
X
'Provided that:
• No heavy equipment is used in Zone One.
• Vegetation in undisturbed portions of the buffer is not compromised.
• Felled trees are removed by chain.
• No permanent felling of trees occurs in protected buffers or streams.
• Stumps arc removed only by grinding.
• At the completion of the project the disturbed area is stabilized with native vegetation.
• Zones one and two meet the requirements of Sections 7.(D) and 7.(E)
'Provided that, in Zone One, all of the following BMPs for overhead utility lines are used. If all of
these BMPs are not used, then the overhead utility lines shall require a no practical alternative
evaluation by the Town of Kernersville, as defined in Section 9. (A).
• A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed
such that only vegetation that poses a hazard or has the potential to grow tall enough to interfere
with the line is removed.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall
remain where trees are cut.
• Riprap shall not be used unless it is necessary to stabilize a tower.
• No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the
disturbed area, and the time in which areas remain in a disturbed state.
• Active measures shall be taken after construction and during routine maintenance to ensure
diffuse flow of stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
3Provided that poles or aerial infrastructure shall not be installed within 10 feet of a water body
unless Town of Kernersville completes a no practical alternative evaluation as defined in Section 9.
(A).
'Provided that, in Zone One, all of the following BMPs for underground utility lines are used. If all
of these BMPs are not used, then the underground utility line shall require a no practical alternative
evaluation by Town of Kernersville, as defined in Section 9. (A).
• Woody vegetation shall be cleared by hand. Noland grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall
remain, except in the trench where trees are cut.
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• Underground cables shall be installed by vibratory plow or trenching.
• The trench shall be backfilled with the excavated soil material immediately following cable
installation.
• No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the
disturbed area, and the time in which areas remain in a disturbed state.
• Measures shall be taken upon completion of construction and during routine maintenance to
ensure diffuse flow of stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
'Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees
and 105 degrees.
C. Requirements for Categories of Uses
Uses designated in Section 8. (B) of this Section as exempt, allowable, and allowable with mitigation
within a riparian buffer shall have the following requirements:
1. Exempt.
Uses designated as exempt are permissible without authorization by Town of Kernersville
provided that they adhere to the limitations of the activity as defined in Section 8. (B) of
this Section, the Table of Uses. In addition, exempt uses shall be designed, constructed,
and maintained to minimize soil disturbance and to provide the maximum water quality
protection practicable, including construction, monitoring, and maintenance activities.
2. Allowable.
Uses designated as allowable may proceed provided that there are no practical alternatives
to the requested use pursuant to Section 9. (A) of this Section. This includes construction,
monitoring, and maintenance activities. These uses require written authorization from the
Town of Kernersville.
3. Allowable with Mitigation.
Uses designated as allowable with mitigation may proceed provided that there are no
practical alternatives to the requested use pursuant to Section 9. (A) of this Section and an
appropriate mitigation strategy has been approved pursuant to Section 9. (C). These uses
require written authorization from the Town of Kernersville.
5-1.9 PERMITS PROCEDURES, REQUIREMENTS, AND APPROVALS
A. Determination of No Practical Alternatives / Request for Authorization Certificate
1. Persons who wish to undertake uses designated as allowable or allowable with mitigation
shall submit a request for a "no practical alternatives" determination to the Town of
Kernersville. The applicant shall certify that the project meets all the following criteria for
finding "no practical alternatives":
a. The basic project purpose cannot be practically accomplished in a manner that
would better minimize disturbance, preserve aquatic life and habitat, and protect
water quality;
b. The use cannot practically be reduced in size or density, reconfigured or
redesigned to better minimize disturbance, preserve aquatic life and habitat, and
protect water quality; and
C. Best management practices shall be used if necessary to minimize disturbance,
preserve aquatic life and habitat, and protect water quality.
2. The applicant shall also submit at least the following information in support of their
assertion of "no practical alternatives":
a. The name, address and phone number of the applicant;
b. The nature of the activity to be conducted by the applicant;
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C. The location of the activity, including the jurisdiction;
d. A map of sufficient detail to accurately delineate the boundaries of the land to be
utilized in carrying out the activity, the location and dimensions of any
disturbance in riparian buffers associated with the activity, and the extent of
riparian buffers on the land,
C. An explanation of why this plan for the activity cannot be practically
accomplished, reduced or reconfigured to better minimize disturbance to the
riparian buffer, preserve aquatic life and habitat and protect water quality; and
f. Plans for any best management practices proposed to be used to control the
impacts associated with the activity.
I Within 60 days of a submission that addresses Section 9.(A)(2) , the Town of Kernersville
shall review the entire project and make a finding of fact as to whether the criteria in
Section 9.(A)(1) of this Section have been met. A finding of "no practical alternatives"
shall result in issuance of an Authorization Certificate. Failure to act within 60 days shal I
be construed as a finding of "no practical alternatives" and an Authorization Certificate
shall be issued to the applicant unless one of the following occurs:
a. The applicant agrees, in writing, to a longer period;
b. The Town of Kernersville determines that the applicant has failed to furnish
requested information necessary to the Town of Kernersville decision;
C. The final decision is to be made pursuant to a public hearing; or
d. The applicant refuses access to its records or premises forthe purpose ofgathering
information necessary to the Town of Kernersville's decision.
4. The Town of Kernersville may attach conditions to the Authorization Certificate that
support the purpose, spirit, and intent of this Ordinance.
5. Any appeals of determinations regarding Authorization Certificates shall be referred to the
Director of the Division of Water Quality, c/o the 401 Oversight Express Permitting Unit,
or its successor. The Director's decision is subject to review as provided in G.S. 150B
Articles 3 and 4.
B. Variances
1. Requirements for Variances.
Persons who wish to undertake prohibited uses may pursue a variance. The Town of
Kernersville may grant minor variances. For major variances, the Town of Kernersville
shall prepare preliminary findings and submit them to the Division of Water Quality, 4 01
Oversight Express Permitting Unit, or its successor for approval by the Environmental
Management Commission. The variance request procedure shall be as follows:
a. For any variance request, the Town of Kernersville shall make a finding of fact as
to whether there are practical difficulties or unnecessary hardships that prevent
compliance with the riparian buffer protection requirements. A finding of
practical difficulties or unnecessary hardships shall require that the following
conditions are met:
i. If the applicant complies with the provisions of this Ordinance, he/she
can secure no reasonable return from, nor make reasonable use of, his/her
property. Merely proving that the variance would permit a greater profit
from the property shall not be considered adequate justification for a
variance. Moreover, the Town of Kernersville shall consider whether
the variance is the minimum possible deviation from the terms of this
Ordinance that shall make reasonable use of the property possible;
ii. The hardship results from application of this Ordinance to the property
rather than from other factors such as deed restrictions or other hardship;
iii. The hardship is due to the physical nature of the applicant's property,
such as its size, shape, or topography, such that compliance with
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provisions of this ordinance would not allow reasonable use of the
property;
iv. The applicant did not cause the hardship by knowingly or unknowingly
violating this Ordinance;
V. The applicant did not purchase the property after the effective date of
this Ordinance, and then request a variance; and
vi. The hardship is rare or unique to the applicant's property.
vii. The variance is in harmony with the general purpose and intent of the
State's riparian buffer protection requirements and this Ordinance and
preserves its spirit; and
vi i i. In granting the variance, the public safety and welfare have been assured,
water quality has been protected, and substantial justice has been done.
2. Minor Variances
A minor variance request pertains to activities that will impact only Zone Two of the
riparian buffer. Minor variance requests shall be reviewed and approved based on the
criteria in Section 9.(B)(1) by the Town of Kernersville pursuant to G.S. 153A-Article 18,
or G.S. 160A-Article 19. The Town of Kernersville may attach conditions to the variance
approval that support the purpose, spirit, and intent of the riparian buffer protection
program. Request for appeals to decisions made by the Town of Kernersville shall be made
in writing to the Director of the Division of Water Quality c/o the 401 Oversight Express
Permitting Unit, or its successor. The Director's decision is subject to review as provided
in G.S. 150B Articles 3 and 4.
3. Major Variances
A major variance request pertains to activities that will impact any portion of Zone One or
any portion of both Zones One and Two of the riparian buffer. If Town of Kernersville has
determined that a major variance request meets the requirements in Section 9.(B)(1))
through 8.(C)(3), then it shall prepare a preliminary finding and submit it to the NC
Environmental Management Commission c/o t he Division of Water Quality, 401
Oversight Express Permitting Unit, or its successor, for approval. Within 90 days after
receipt by Town of Kernersville, the Commission shall review preliminary findings on
major variance requests and take one of the following actions: approve, approve with
conditions and stipulations, or deny the request. Appeals from a Commission decision on
a major variance request are made on judicial review to Superior Court.
C. Mitigation
1. This item shall apply to persons who wish to impact a riparian buffer in the Jordan
watershed when one of the following applies:
a. A person has received an Authorization Certificate pursuant to Section 9.(A) of
this Ordinance for a proposed use that is designated as `'allowable with
mitigation;" or
b. Aperson has received a variance pursuant to Section 9. (B) of this Ordinance and
is required to perform mitigation as a condition of a variance approval.
2. Issuance of the Mitigation Approval
Town of Kernersville shall issue a mitigation approval upon determining that a proposal
meets the requirements set out in this Ordinance. The approval shall identify at a minimum
the option chosen, the required and proposed areas, and either the mitigation location or
the offset payment amount as applicable.
3. Options for Meeting the Mitigation Requirement
The mitigation requirement may be met through one of the following options:
a. Payment of a co mpensatoty mitigation fee to the Riparian Buffer Restoration
Fund pursuant to 15A NCAC 02B .0269 (Jordan Water Supply Nutrient Strategy:
Riparian Buffer Mitigation Fees to the NC Ecosystem Enhancement Program)
contingent upon acceptance of payments by the NC Ecosystem Enhancement
Program, or to a private mitigation bank that complies with banking requirements
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of the US Army Corps of Engineers, currently set out
at http://www.saw.usace.army.mil/WETLANDS/Mitigation/mitbanks.h"l or
from the US Army Corps of Engineers, P.O. Box 1890, Wilmington, NC, 28402-
1890, and the applicable trading criteria in Rule 15A NCAC 02B .0273;
b. Donation of real property or of an interest in real property pursuant to Section
9.(C)(6) of this Ordinance; or
C. Restoration or enhancement of a non -forested riparian buffer pursuant to the
requirements of Section 9. (C)(7) of this Ordinance.
4. The Area of Mitigation
Town of Kernersville shall determine the required area of mitigation, which shall apply to
all mitigation options identified in Section 9.(C)(3) of this Ordinance and as further
specified in the requirements for each option set out in this Section, according to the
following:
a. The impacts in square feet to each zone of the riparian buffer shall be determined
by Town of Kernersville by adding the following:
i. The area of the footprint of the use causing the impact to the riparian
buffer;
ii. The area of the boundary of any clearing and grading activities within
the riparian buffer necessary to accommodate the use; and
iii. The area of any ongoing maintenance corridors within the riparian buffer
associated with the use.
b. The required area of mitigation shall be determined by applying the following
multipliers to the impacts determined in Section 9. (4)(a) of this Ordinance to each
zone of the riparian buffer:
i. Impacts to Zone One of the riparian buffer shall be multiplied by three;
ii. Impacts to Zone Two of the riparian buffer shall be multiplied by one
and one-half, and
iii. Impacts to wetlands within Zones One and Two of the riparian buffer
that are subject to mitigation under 15A NCAC 2H .0506 shall comply
with the mitigation ratios in 15A NCAC 2H .0506.
5. The Location of Mitigation
For any option chosen, the mitigation effort shall be located within the same subwatershed
of the Jordan watershed, as defined in 15A NCAC 0213.0262, and the same distance from
the Jordan Reservoir as the proposed impact, or closer to the Reservoir than the impact,
and as close to the location of the impact as feasible. Alternatively, the applicant may
propose mitigation anywhere within the same subwatershed of the Jordan watershed, as
defined in 15A NCAC 0213.0262, provided that the mitigation proposal accounts for
differences in delivery of nutrients to the affected arm of Jordan Reservoir resulting from
differences between the locations of the buffer impact and mitigation. Additional location
requirements for the property donation option are enumerated in Section 9. (C)(6)(c)(i) of
this Ordinance.
6. Donation of Property
Persons who choose to satisfy their mitigation determination by donating real property or
an interest in real property shall meet the following requirements:
a. The donation of real property interests may be used to either partially or fully
satisfy the payment of a compensatory mitigation fee to the Riparian Buffer
Restoration Fund pursuant to 15A NCAC 02B .0273. The value of the property
interest shall be determined by an appraisal performed in accordance with Section
9. (C)(6)(d)(iv) of this Ordinance. The donation shall satisfy the mitigation
determination if the appraised value of the donated property interest is equal to or
greater than the required fee. If the appraised value of the donated property
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interest is less than the required fee calculated pursuant to 15A NCAC 02B .0273,
the applicant shall pay the remaining balance due.
b. The donation of conservation easements to satisfy compensatory mitigation
requirements shall be accepted only if the conservation easement is granted in
perpetuity.
C. Donation of real property interests to satisfy the mitigation determination shal I be
accepted only if such property meets all of the following requirements:
i. In addition to the location requirements of Section 9. (C)(5) of this
Ordinance, the property shall be located within an area that is identified
as a priority for restoration in, or is otherwise consistent with the goals
of, the Basinwide Wetlands and Riparian Restoration Plan for the Cape
Fear River Basin developed by NC Division of Water Quality pursuant
to G.S. 143-214.10;
ii. The property shall contain riparian buffers not currently protected by the
State's riparian buffer protection program that are in need of restoration
as defined in Section 9.(7)(d) of this Ordinance;
iii. The restorable riparian buffer on the property shall have a minimum
length of 1000 linear feet along a surface water and a minimum width of
50 feet as measured horizontally on a l ine perpendicular to the surface
water,
iv. The size of the restorable riparian buffer on the property to be donated
shall equal or exceed the area of mitigation responsibility determined
pursuant to Section 9.(C)(4) of this Ordinance;
V. Restoration shall not require removal of man-made structures or
infrastructure;
vi. The property shall be suitable to be successfully restored, based on
existing hydrology, soils, and vegetation;
vii. The estimated cost of restoring and maintaining the property shall not
exceed the value of the property minus site identification and transaction
costs;
viii. The property shall not contain any building, structure, object, site, or
district that is listed in the National Register of Historic Places
established pursuant to Public Law 89-665, 16 U.S.C. 470 as amended;
ix. The property shall not contain any hazardous substance or solid waste;
X. The property shall not contain structures or materials that present health
or safety problems to the general public. If wells, septic, water or sewer
connections exist, they shall be filled, remediated or closed at owner's
expense in accordance with state and local health and safety regulations;
xi. The property and adjacent properties shall not have prior, current, and
known future land use that would inhibit the function of the restoration
effort; and
xii. The property shall not have any encumbrances or conditions on the
transfer of the property interests.
d. At the expense of the applicant or donor, the following information shall be
submitted to the Town of Kernersville with any proposal for donations or
dedications of interest in real property:
i. Documentation that the property meets the requirements laid out in
Section 9.(C)(6)(c) of this Ordinance;
ii. US Geological Survey 1:24,000 (7.5 minute) scale topographic map,
county tax map, USDA Natural Resource Conservation Service County
Soil Survey Map, and county road map showing the location of the
property to be donated along with information on existing site
conditions, vegetation types, presence of existing structures and
easements;
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iii. A current property survey performed in accordance with the procedures
of the North Carolina Department of Administration, State Property
Office as identified by the State Board of Registration for Professional
Engineers and Land Surveyors in "Standards of Practice for Land
Surveying in North Carolina." Copies may be obtained from the North
Carolina State Board of Registration for Professional Engineers and
Land Surveyors, 3620 S ix Forks Road, Suite 300, Raleigh, North
Carolina 27609;
iv. A current appraisal of the value of the property performed in accordance
with the procedures of the North Carolina Department of Administration,
State Property Office as identified by the Appraisal Board in the
"Uniform Standards of Professional North Carolina Appraisal Practice."
Copies may be obtained from the Appraisal Foundation, Publications
Department, P.O. Box 96734, Washington, D.C. 20090-6734; and
V. A title certificate.
7. Riparian Buffer Restoration or Enhancement
Persons who choose to meet their mitigation requirement through riparian buffer
restoration or enhancement shall meet the following requirements:
a. The applicant may restore or enhance a non -forested riparian buffer if either of
the following applies:
1. The area of riparian buffer restoration is equal to the required area of
mitigation determined pursuant to Section 9.(C)(4) of this Ordinance; or
ll. The area of riparian buffer enhancement is three times larger than the
required area of mitigation determined pursuant to Section 9.(C)(4) of
this Ordinance;
b. The location of the riparian buffer restoration or enhancement shall comply with
the requirements in Section 9.(C)(5) of this Ordinance;
C. The riparian buffer restoration or enhancement site shall have a minimum width
of 50 feet as measured horizontally on a line perpendicular to the surface water;
d. Enhancement and restoration shall both have the objective of establishing a
forested riparian buffer according to the requirements of this Item. Enhancement
shall be distinguished from restoration based on existing buffer conditions.
Where existing trees are sparse, that is greater than or equal to 100 trees per acre
but less than 200 trees per acre, a buffer maybe enhanced. Where existing woody
vegetation is absent, that is less than 100 trees per acre, a buffer may be restored;
e. The applicant shall first receive an Authorization Certificate for the proposed use
according to the requirements of Section 9. (A) of this Ordinance. After receiving
this determination, the applicant shall submit a restoration or enhancement plan
for approval by the Town of Kernersville. The restoration or enhancement plan
shall contain the following:
i. A map of the proposed restoration or enhancement site;
ii. A vegetation plan. The vegetation plan shall include a minimum of at
least two native hardwood tree species planted at a density sufficient to
provide 320 trees per acre at maturity;
iii. A grading plan. The site shall be graded in a manner to ensure diffuse
flow through the riparian buffer;
iv. A fertilization plan; and
V. A schedule for implementation;
f. Within one year after the Town of Kernersville has approved the restoration or
enhancement plan, the applicant shall present proof to Town of Kernersville that
the riparian buffer has been restored or enhanced. if proof is not presented within
this timetrame, then the person shall be in violation of both the State's and the
Town of Kernersville riparian buffer protection program;
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g. The mitigation area shall be placed under a perpetual conservation easement that
will provide for protection of the property's nutrient removal functions; and
h. The applicant shall submit annual reports for a period of five years after the
restoration or enhancement showing that the trees planted have survived and that
diffuse flow through the riparian buffer has been maintained. The applicant shall
replace trees that do not survive and restore diffuse flow if needed during that
five-year period.
5-1.10 COMPLIANCE AND ENFORCEMENT
A. Site Inspections
I. Agents, officials, or other qualified persons authorized by the Town of Kernersville may
periodically inspect riparian buffers to ensure compliance with this ordinance.
2. Notice of the right to inspect shall be included in the letter of approval of each variance
and buffer authorization.
3. Authority to Enter Property and Conduct Investigations and Inspections
Authorized agents, officials or other qualified persons shall have the authority, upon
presentation of proper credentials, to enter and inspect at reasonable times any property,
public or private, for the purpose of investigating and inspecting the site of any riparian
buffer. No person shall willfully resist, delay, or obstruct an authorized representative,
employee, or agent of Town of Kernersville, while that person is inspecting or attempting
to inspect a riparian buffer nor shall any person obstruct, hamper, or interfere with any such
representative while in the process of carrying out their official duties. The Town of
Kernersville shall have the power to conduct such investigations as deemed reasonably
necessary to carry out the duties as prescribed in this Ordinance.
4. Notice of Violation
a. if it is determined that a person has failed to comply with the requirements of this
Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, a
notice of violation shall be served upon that person. The notice may be served by
any means authorized under G.S. IA -I, rule 4. in the event service cannot be
accomplished by registered or certified mail, it may be accomplished in any
manner provided in rule (4) j of the North Carolina Rules of Civil Procedure.
b. The notice shall specify the violation and inform the person of the actions that
need to be taken to comply with this Ordinance, or rules or orders adopted
pursuant to this Ordinance. The notice shall direct the person to correct the
violation within a specified reasonable time. The notice shall inform the person
that any person who violates or fails to act in accordance with any of the
provisions of this Ordinance or rules or orders adopted or issued pursuant to this
Ordinance is subject to the civil and criminal penalties and other enforcement
actions as provided in this Ordinance.
5. Power to Require Statements
The Town of Kernersville shall also have the power to require written statements, or the
tiling of reports under oath, with respect to pertinent questions relating to land -disturbing
activities.
B. Civil Penalties
1. Assessment of Penalties
Any person who violates or fails to act in accordance with any of the provisions of this
Ordinance or rules or orders adopted or issued pursuant to this Ordinance shall be subject
to a civil penalty. A civil penalty for a violation may be assessed in an amount not to
exceed ten thousand dollars ($10,000) per day. If any violation for which a penalty may
be assessed is continuous, a civil penalty may be assessed for each day of the violation in
an amount not to exceed twenty-five thousand dollars ($25,000) per day for as long as the
violation occurs. Each day of a continuing violation shall constitute a separate violation
under Section 10. (13)(1).
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2. Notice of Civil Penalty Assessment
The governing body of the Town of Kernersville shall provide written notice of the civil
penalty amount and the basis for the assessment to the person assessed. The notice of civil
penalty assessment shall be served by any means authorized under G.S. I A- 1, Rule 4, and
shall direct the violator to either pay the assessment or contest the assessment, within thirty
(30) days after receipt of the notice of assessment by written demand for a hearing.
3. Hearing
A hearing on the civil penalty shal I be conducted by the Kernersville Board of Adjustment
within thirty (30) days after the date the written demand for the hearing is received by the
Town.
4. Final Decision.
The Kernersville Board of Adjustment shall issue a final decision on the civil penalty
within thirty (30) days of the hearing. A copy of the final decision shall be served on the
violator by any means authorized under G.S. IA-1, Rule 4.
5. Appeal of Final Decision.
Appeal form the final decision of the governing body shall be to the Superior Court of the
county in which the violation occurred. Any appeal must be filed with thirty days of receipt
of the final decision. A copy of the appeal must be served on the (City manager/County
board/other appropriate person) by any means authorized under G.S. IA-1, Rule 4.
6. Demand for Payment of Penalty
An assessment that is not contested is due when the violator is served with a notice of
assessment. The civil penalty must be paid within 30 days or the assessment, if not
appealed, or within 30 days after the conclusion of the administrative or judicial review of
the assessment. If payment is not received within 30 days after demand for payment is
made, the Town of Kernersville may institute a civil action to recover the amount of the
assessment. The civil action may be brought in the Superior Court where the violation
occurred, or the violator's residence or principal place of business is located. Such civil
actions must be filed within three (3) years of the date the assessment was due.
7. Use of Penalties
Civil penalties collected pursuant to this Ordinance shall be credited to the general fund of
the Town of Kernersville as nontax revenue.
C. Criminal Penalties
1. Any person who negligently violates any provision of this Ordinance or rule or order
adopted pursuant to this Ordinance, shall be guilty of a Class 2 misdemeanor which may
include a fine not to exceed fifteen thousand dollars ($15,000) per day of violation,
provided that such fine shall not exceed a cumulative total of two hundred thousand dollars
($200,000) for each period of 30 days during which such a violation continues.
2. Any person who knowingly or willingly violates any provision of this Ordinance or rule or
order adopted pursuant to this Ordinance, shall be guilty of a Class I felony which may
include a fine not to exceed one hundred thousand dollars ($100,000) per day of violation,
provided that this fine shall not exceed a cumulative total of five hundred thousand dollars
($500,000) for each period of 30 days during which such a violation continues.
3. Any person who knowingly violates any provision of this Ordinance or rule or order
adopted pursuant to this Ordinance, shall be guilty of a Class C felony which may include
a fine not to exceed two hundred fifty thousand dollars ($250,000) per day of violation,
provided that this fine shall not exceed a cumulative total one million dollars ($1,000,000)
for each period of 30 days during which such a violation continues.
D. injunctive Relief
1. Civil Action in Superior Court
Whenever the governing body of the Town of Kernersville has reasonable cause to believe
that any person is violating or threatening to violate this Ordinance or any rule or order
adopted or issued pursuant to this Ordinance, it may, either before or after the institution
of any other action or proceeding authorized by this Ordinance, institute a civil action in
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the name of the Town of Kernersville for injunctive relief to restrain the violation or
threatened violation. The action shall be brought in the Superior Court of Town of
Kernersville.
2. Order to Cease Violation
Upon determination by a court that an alleged violation is occurring or is threatened, the
court shall enter any order or judgment that is necessary to abate the violation, to ensure
that restoration is performed, or to prevent the threatened violation. The institution of an
action for injunctive relief under this section shall not relieve any party to the proceedings
from any civil or criminal penalty prescribed for violations of this Ordinance.
E. Compliance with Requirements
Any person engaged in new activities as defined by this Ordinance who fails to meet the
requirements of this Ordinance shall be deemed in violation of this Ordinance.
5-1.11 SEVERABILITY
If any one or more sections or portions thereof of this Ordinance are held to be invalid or unenforceable, all
other sections and portions thereof shall nevertheless continue in full force and effect.
5-1.12 EFFECTIVE DATE
This Ordinance will become effective upon approval by the NC Environmental Management Commission
and adoption by the Town of Kernersville Board of Aldermen.
5-1.13 REVISIONS TO THIS ORDINANCE
The Town of Kernersville shall review any revisions to the Local Riparian Buffer Protection Ordinance made
by the Environmental Management Commission and, within 60 days of receipt of the recommended
revisions, submit draft amendments to the Commission for its consideration and comments. Within 90 days
after receipt of the Commissions' comments, the Town of Kernersville will incorporate amendments into this
ordinance.
5-1.14 DEFINITIONS
For the purpose of this Ordinance, these terms shall be defined as follows:
`Access Trails' means pedestrian trails constructed of pervious or impervious surfaces and related structures
to access a surface water, including boardwalks, steps, rails, and signage.
`Airport Facilities' means all properties, facilities, buildings, structures, and activities that satisfy or
otherwise fall within the scope of one or more of the definitions or uses of the words or phrases 'air navigation
facility', 'airport', or `airport protection privileges' under G.S. 63-1; the definition of `aeronautical facilities'
in G.S. 63-79(1); the phrase -airport facilities' as used in G.S. 159-48(b)(1); the phrase `aeronautical
facilities' as defined in G.S. 159-81 and G.S. 159-97; and the phrase 'airport facilities and improvements' as
used in Article V, Section 13, of the North Carolina Constitution, which shall include, without limitation,
any and all of the following: airports, airport maintenance facilities, any aeronautic industrial facilities that
require direct access to the airfield, clear zones, drainage ditches, fields, hangars, landing lighting, airport
and airport -related offices, parking facilities, related navigational and signal systems, runways, stormwater
outfalls, terminals, terminal shops, and all appurtenant areas used or suitable for airport buildings or other
airport facilities, and all appurtenant rights -of -way; restricted landing areas; any structures, mechanisms,
lights, beacons, marks, communicating systems, or other instrumentalities or devices used or useful as an aid,
or constituting an advantage or convenience to the safe taking off, navigation, and landing of aircraft, or the
safe and efficient operation or maintenance of an airport or restricted landing area; easements through, or
interests in, air- space over land or water, interests in airport hazards outside the boundaries of airports or
restricted landing areas, and other protection privileges, the acquisition or control of which is necessary to
ensure safe approaches to the landing areas of airports and restricted landing areas, and the safe and efficient
operation thereof and any combination of any or all of such facilities. Notwithstanding the foregoing, the
following shall not be included in the definition of `airport facilities':
1. Satellite parking facilities;
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2. Retail and commercial development outside of the terminal area, such as rental car facilities; and
3. Other secondary development, such as hotels, industrial facilities, free-standing offices and other
similar buildings, so long as these facilities are not directly associated with the operation of the
airport, and are not operated by a unit of government or special governmental entity such as an
airport authority, in which case they are included in the definition of `airport facilities.
`Channel' means a natural water -carrying trough cut vertically into low areas of the land surface by erosive
action of concentrated flowing water or a ditch or canal excavated for the flow of water.
`DBH' means diameter at breast height of a tree measured at 4.5 feet above ground surface level.
`Development' means the same as defined in Rule 15A NCAC 2B .0202(23).
`Ditch or canal' means a man-made channel other than a modified natural stream constructed for drainage
purposes that is typically dug through inter -stream divide areas. A ditch or canal may have flows that are
perennial, intermittent, or ephemeral and may exhibit hydrological and biological characteristics similar to
perennial or intermittent streams.
`Ephemeral stream' means a feature that carries only stormwater in direct response to precipitation with
water flowing only during and shortly after large precipitation events. An ephemeral stream may or may not
have a well-defined channel, the aquatic bed is always above the water table, and stormwater runoff is the
primary source of water. An ephemeral stream typically lacks the biological, hydrological, and physical
characteristics commonly associated with the continuous or intermittent conveyance of water.
`Existing development' means development, other than that associated with agricultural or forest
management activities that meets one of the following criteria:
I. It either is built or has established a vested right based on statutory or common law as interpreted
by the courts, for projects that do not require a state permit, as of the effective date of either local
new development stormwater programs implemented under Rule 15A NCAC 2B .0265 (Jordan
Water Supply Nutrient Strategy: Stormwater Management for New Development) or, for projects
requiring a state permit, as of the applicable compliance date established in Rule 15A NCAC 2B
.0271 (Jordan Water Supply Nutrient Strategy: Stormwater Management for New Development),
Items (5) and (6); or
2. It occurs after the compliance date set out in Sub -Item (4) (d) of Rule .0265 (Jordan Water Supply
Nutrient Strategy: Stormwater Management for New Development) but does not result in a net
increase in built -upon area.
`Greenway / Hiking Trails' means pedestrian trails constructed of pervious or impervious surfaces and
related structures including but not limited to boardwalks, steps, rails, and signage, and that generally run
parallel to the shoreline.
`High Value Tree' means a tree that meets or exceeds the following standards: for pine species, 14-inch
DBH or greater or 18-inch or greater stump diameter; or for hardwoods and wetland species, 16-inch DBH
or greater or 24-inch or greater stump diameter.
`Intermittent stream' means a well-defined channel that contains water for only part of the year, typically
doing winter and spring when the aquatic bed is below the water table. The flow may be heavily
supplemented by stomiwater runoff. An intermittent stream often lacks the biological and hydrological
characteristics commonly associated with the continuous conveyance of water.
`Jordan nutrient strategy' or -Jordan water supply nutrient strategy' means the set of Rules 15A NCAC
2B .0262 through .0273 and .0311(p).
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`Jordan Reservoir' means the surface water impoundment operated by the US Army Corps of Engineers
and named B. Everett Jordan Reservoir, as further delineated for purposes of the Jordan nutrient strategy in
Rule 15A NCAC 2B .0262(4).
`Jordan watershed' means all lands and waters draining to B. Everett Jordan Reservoir.
`New Development' means any development project that does not meet the definition of existing
development set out in this Ordinance. "Perennial stream" means a well-defined channel that contains water
year round during a year of nornial rainfall with the aquatic bed located below the water table for most of the
year. Groundwater is the primary source of water for a perennial stream, but it also carries stormwater runoff.
A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly
associated with the continuous conveyance of water.
`Perennial waterbody' means a natural or man-made basin, including lakes, ponds, and reservoirs, that
stores surface water permanently at depths sufficient to preclude growth of rooted plants. For the purpose of
the State's riparian buffer protection program, the waterbody must be part of a natural drainage way (i.e.,
connected by surface flow to a stream).
`Shoreline stabilization' is the in -place stabilization of an eroding shoreline. Stabilization techniques which
include "soft" methods or natural materials (such as root wads, or rock vanes) may be considered as part of
a restoration design. However, stabilization techniques that consist primarily of "hard" engineering, such as
concrete lined channels, riprap, or gabions, while providing bank stabilization, shall not be considered stream
restoration.
`Stream restoration' is defined as the process of converting an unstable, altered or degraded stream corridor,
including adjacent riparian zone and flood -prone areas to its natural or referenced, stable conditions
considering recent and future watershed conditions. This process also includes restoring the geomorphic
dimension, pattern, and profile as well as biological and chemical integrity, including transport of water and
sediment produced by the stream's watershed in order to achieve dynamic equilibrium. `Referenced' or
.referenced reach' means a stable stream that is in dynamic equilibrium with its valley and contributing
watershed. A reference reach can be used to develop natural channel design criteria for stream restoration
projects.
`Stream' means a body of concentrated flowing water in a natural low area or natural channel on the land
surface.
`Stump diameter' means the diameter of a tree measured at six inches above the ground surface level.
`Surface waters' means all waters of the state as defined in G.S. 143-212 except underground waters
`Tree' means a woody plant with a DBH equal to or exceeding five inches or a stump diameter exceeding
six inches.
`Temporary road' means a road constructed temporarily for equipment access to build or replace hydraulic
conveyance structures such as bridges, culverts, pipes or water dependent structures, or to maintain public
traffic during construction.
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CHAPTER C - ENVIRONMENTAL ORDINANCE
ARTICLE VI - RIPARIAN BUFFER PROTECTION ORDINANCE
FOR LANDS WITHIN THE RANDLEMAN LAKE WATERSHED
TABLE OF CONTENTS
6-1.2
PURPOSE AND INTENT....................................................................................................
465
6-1.3
TITLE...................................................................................................................................
465
6-1.4
JURISDICTION....................................................................................................................465
6-1.6
RELATION TO OTHER ORDINANCES............................................................................
465
6-1.7
RIPARIAN AREA PROTECTION WITHIN THE RANDLEMAN
LAKE RESERVOIR
WATERSHED.......................................................................................................................
465
A.
Buffers Protected....................................................................................................................466
B.
Exemption Based on On —site Determination.......................................................................466
C.
Exemption when Existing Uses are Present and Ongoing..................................................467
D.
Zones of the Riparian Buffer................................................................................................467
E.
Diffuse Flow Requirements...................................................................................................468
6-1.8
POTENTIAL USES AND ASSOCIATED REQUIREMENTS ............................................
468
A.
Approval for New Development............................................................................................468
B.
Table of Uses...........................................................................................................................468
C.
Requirements for Categories of Uses....................................................................................475
6-1.9
PERMITS PROCEDURES, REQUIREMENTS, AND APPROVALS .................................
476
A.
Determination of No Practical Alternatives / Request for Authorization
Certificate ......476
B.
Variances.................................................................................................................................477
C.
Mitigation..............................................................................................................................478
6-1.10
COMPLIANCE AND ENFORCEMENT.............................................................................
482
A.
Site Inspections.......................................................................................................................482
B.
Civil Penalties.........................................................................................................................482
C.
Criminal Penalties..................................................................................................................483
D.
Injunctive Relief.....................................................................................................................484
6-1.11
SEVERABTLTTY..................................................................................................................484
6-1.12
EFFICTIVE DATE................................................................................................................
484
6-1.13
REVISIONS TO THIS ORDINANCE..................................................................................
484
6-1.14
DEFINITIONS......................................................................................................................484
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6-1 GENERAL PROVISIONS
6-1.1 AUTHORITY
This Ordinance is adopted pursuant to the authority vested in the Town of Kernersville by the Session Laws
and the General Statutes of North Carolina, particularly N.0 Gen. Stat §153A-121, 153A-140, Chapter 153A,
Article 18, N.C. Gen. Stat § 160A-174, 160A-193, Chapter 160A, Article 19, and any special legislation
enacted by the General Assembly for the Town of Kernersville.
6-1.2 PURPOSE AND INTENT
The purpose of the Town of Kernersville in adopting the following Ordinance is to protect and preserve
existing riparian buffers throughout the Randleman Lake Watershed as generally described in Rule 15A
NCAC 02B .0250 (Randleman Lake Water Supply Watershed: Protection and Maintenance of Existing
Riparian Buffers), in order to maintain their nutrient removal and streanl protection functions. Additionally,
this Ordinance will help protect the water supply uses of Randleman Lake Reservoir and of designated water
supplies throughout the Randleman Lake watershed.
Buffers adjacent to streams provide multiple environmental protection and resource management benefits.
Forested buffers enhance and protect the natural ecology of stream systems, as well as water quality through
bank stabilization, shading, and nutrient removal. They also help to minimize flood damage in flood prone
areas. Well -vegetated streamside riparian areas help to remove nitrogen and prevent sediment and sediment -
bound pollutants such as phosphorous from reaching the streams.
6-1.3 TITLE
This Ordinance shall be known as the Town of Kernersville Riparian Buffer Protection Ordinance for Lands
within the Randleman Lake Watershed.
6-1.4 JURISDICTION
This Ordinance shall be applied to all land in the planning jurisdiction of the Town of Kernersville that is
located within the Randleman Lake Reservoir Watershed.
6-1.5 APPLICABILITY
This Ordinance applies to all landowners and other persons conducting activities in the area described in
Section 4, with the exception of activities conducted under the authority of the State, the United States,
multiple jurisdictions, or local units of government, and forest harvesting and agricultural activities. The NC
Division of Water Resources shall administer the requirements of Rule 15A NCAC 02B .0250 and .0295
(Randleman Lake Water Supply Watershed: Protection and Maintenance of Existing Riparian Buffers and
Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers, respectively) for
these activities.
6-1.6 RELATION TO OTHER ORDINANCES
The requirements of this Ordinance shall supersede all locally implemented buffer requirements stated in
Rules 15A NCAC 02B .0214 through .0216 as applied to WS-I1, WS-III, and W S-IV waters in the Randleman
Lake watershed. If the provisions of this ordinance otherwise conflict with the provisions of any other validly
enforceable ordinance(s) or laws, the most stringent provisions shall control. This Ordinance is not intended
to interfere with, abrogate, or annul any other ordinance, rule, regulation, or other provision of law.
The existing water supply requirement in rule .0216(3)(b) of the 15A NCAC Subchapter 02B that stipulates
a 100-foot vegetated buffer, adjacent to perennial streams, for all new development activities which utilize
the high density option, applies to the entire Randleman Lake watershed. The first 50 feet of these riparian
areas on either side of these waters must also be protected in accordance with all the requirements of this
Ordinance.
6-1.7 RIPARIAN AREA PROTECTION WITHIN THE RANDLEMAN LAKE R ESERVOIR
WATERSHED
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A. Buffers Protected
The following minimum criteria shall be used for identifying regulated buffers:
This Ordinance shall apply to activities conducted within 50-foot wide riparian butters
directly adjacent to surface waters in the Randleman Lake watershed (intermittent streams,
perennial streams, lakes, reservoirs, ponds and specified ditches), excluding wetlands.
Wetlands adjacent to surface waters or within 50 feet of surface waters shall be considered
as part of the riparian buffer but are regulated pursuant to Rules 15A NCAC 2B .0230 and
.0231, Rules 15A NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of
the Federal Water Pollution Control Act.
For the purpose of this Ordinance, surface waters shall be subject to the requirements of
this Ordinance if they are approximately shown on any of the following references, or if
there is other site specific evidence that indicates to the Town of Kernersville the presence
of waters not shown on any of these maps:
a. The most recent version of the hardcopy soil survey maps prepared by the Natural
Resources Conservation Service of the United States Department of Agriculture.
b. The most recent version of the United States Geologic Survey (USGS) 1:24,000
scale (7.5 minute) quadrangle topographic traps.
C. A map approved by the Geographic Information Coordinating Council and by the
NC Environmental Management Commission. Prior to approving a map under
this Ttem, the Commission shall provide a 30-day public notice and opportunity
for comment.
d. A map developed by the local government and approved by the NC
Environmental Management Commission per 15A NCAC 02B .0250(4) (c).
Where the specific origination point of a stream regulated under this Ttem is in question,
upon request of the NC Division of Water Resources or another party, the Town of
Kernersville shall make an on -site determination. A Town of Kernersville representative
who has successfully completed the Division's Surface Water Identification Training
Certification course (SWTTC), its successor, or other equivalent training curriculum
approved by the Division, shall establish that point using the latest version of the Division
publication, Identification Methods for the Origins of -Intermittent and Perennial Streams.
More information is available from the NC Division of Water Resources - 401 & Buffer
Permitting Branch, or its successor. The Town of Kernersville may accept the results of a
site assessment made by another parry who meets these criteria. Any disputes over on -site
determinations made according to this Item shall be referred to the Director of the Division
of Water Resources c/o the 401 & Buffer Permitting Branch, or its successor, in writing.
The Director's determination is subject to review as provided in Articles 3 and 4 of G.S.
150B.
Parties subject to this Ordinance shall abide by all State rules and laws regarding waters of
the state including but not limited to Rules 15A NCAC 2B .0230 and .0231, Rules 15A
NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and 404 of the Federal Water
Pollution Control Act.
B. Exemption Based on On —site Determination
When a landowner or other affected party including the Division and the Town believes that the
maps have inaccurately depicted surface waters, he or she shall consult the Town of Kernersville.
Upon request, a Town of Kernersville representative who has successfully completed the Division
of Water Quality's Surface Water Identification Training Certification course, its successor, or other
equivalent training curricultum approved by the Division, shall make an on -site determination. The
Town of Kernersville may also accept the results of site assessments made by other parties who
have successfully completed such training. Any disputes over on -site determinations shall be
referred to the Director of the Division of Water Resources c/o the 401 & Buffer Permitting Branch,
or its successor, in writing. A determination by the Director as to the accuracy or application of the
maps is subject to review as provided in Articles 3 and 4 of G.S. 150B. Surface waters that appear
on the maps shall not be subject to these buffer requirements if a site evaluation reveals any of the
following cases:
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a. Ditches and manmade conveyances, to include manmade stormwater conveyances, other
than modified natural streams, unless the ditch or manmade conveyance delivers untreated
stormwater runoff from an adjacent source directly to an intermittent or perennial stream.
b. Areas mapped as intermittent streams, perennial streams, lakes, ponds, or estuaries on the
most recent versions of the United States Geological Survey 1:24,000 scale (7.5 minute
quadrangle) topographic maps, hard -copy soil survey maps, or other EMC approved stream
maps where no perennial waterbody, intermittent waterbody, lake, pond, or estuary actually
exists on the ground.
C. Ephemeral streams.
d. 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 02B
.0100. Ponds are part of the natural drainage way when they are hydrologically connected
(i.e. the pond is fed by an intermittent or perennial stream) or when they have a direct
discharge point to an intermittent or perennial stream.
C. Exemption when Existing Uses are Present and Ongoing
This Ordinance shall not apply to uses that are existing and ongoing; however, this Ordinance shall
apply at the time an existing, ongoing use is changed to another use. Change of use shall involve
the initiation of any activity that does not meet either of the following criteria for existing, ongoing
activity:
Tt was present within the riparian buffer as of the effective date of the original Ordinance.
Existing uses shall include agriculture, buildings, industrial facilities, commercial areas,
transportation facilities, maintained lawns, utility lines and on -site sanitary sewage
systems, any of which involve either specific, periodic management of vegetation or
displacement of vegetation by structures or regular activity. Only the portion of the riparian
buffer occupied by the footprint of the existing use is exempt from this Ordinance. Change
of ownership through purchase or inheritance is not a change of use. Activities necessary
to maintain uses are allowed provided that the site remains similarly vegetated, no
impervious surface is added within 50 feet of the surface water where it did not previously
exist as of the effective date of this Ordinance, and existing diffuse flow is maintained.
Grading and revegetating Zone Two is allowed provided that the health of the vegetation
in Zone One is not compromised, the ground is stabilized, and existing diffuse flow is
maintained.
Projects or proposed development that are determined by the Town of Kemersville to meet
at least one of the following criteria:
a. Project requires a 401 Certification/404 Permit and these were issued prior to the
effective date this Ordinance, and prior to the effective date of this Ordinance.
b. Projects that require a state permit, such as landfills, NPDES wastewater
discharges, land application of residuals and road construction activities, have
begun construction or are under contract to begin construction and had received
all required state permits and certifications prior to the effective date of this
Ordinance;
C. Projects that are being reviewed through the Clean Water Act Section
404/National Environmental Policy Act Merger 01 Process (published by the US
Army Corps of Engineers and Federal Highway Administration, 2003) or its
immediate successor and that have reached agreement with DENR on avoidance
and minimization by the effective date of this Ordinance; or
d. Projects that are not required to be reviewed by the Clean Water Act Section
404/National Environmental Policy Act Merger 01 Process (published by the US
Army Corps of Engineers and Federal Highway Administration, 2003) or its
immediate successor if a Funding of No Significant Impact has been issued for the
project and the project has the written approval of the Town of Kernersville prior
to the effective date of this Ordinance.
D. Zones of the Riparian Buffer
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The protected riparian buffer shall have two zones as follows:
1. Zone One shall consist of a vegetated area that is undisturbed except for uses provided for
in the Table of Uses, Section 8. (B) of this Ordinance. The location of Zone One shall be
as follows:
a. For intermittent and perennial streams, Zone One shall begin at the top of the bank
and extend landward a distance of 30 feet on all sides of the surface water,
measured horizontally on a line perpendicular to a vertical line marking the top of
the bank.
b. For ponds, lakes and reservoirs located within a natural drainage way, Zone One
shall begin at the normal water level and extend landward a distance of 30 feet,
measured horizontally on a line perpendicular to a vertical line marking the
normal -, ater level.
2. Zone Two shall consist of a stable, vegetated area that is undisturbed except for uses
provided for in the Table of Uses, Section 8. (B) of this Ordinance. Grading and
revegetating in Zone Two is allowed provided that the health of the vegetation in Zone One
is not compromised. Zone Two shall begin at the outer edge of Zone One and extend
landward 20 feet as measured horizontally on a line perpendicular to the surface water.
The combined width of Zones One and Two shall be 50 feet on all sides of the surface
water.
E. Diffuse Flow Requirements
Diffuse flow of runoff shall be maintained in the riparian buffer by dispersing concentrated flow prior
to its entry into the buffer and reestablishing vegetation as follows:
Concentrated runoff from new ditches or man-made conveyances shall be converted to
diffuse flow at non -erosive velocities before the runoff enters Zone Two of the riparian
buffer;
Periodic corrective action to restore diffuse flow shall be taken as necessary and shall be
designed to impede the formation of erosion gullies; and
As set out in Sections 7.(D) and 8.(B) of this Ordinance, The Zones of the Riparian Buffer
and Table of Uses respectively, no new stormwater conveyances are allowed through the
buffers except for those specified in the Table of Uses, Section 8.(B) of this Ordinance,
addressing stormwater management ponds, drainage ditches, roadside ditches, and
stonnwater conveyances.
6-1.8 POTENTIAL USES AND ASSOCIATED REQUIREMENTS
A. Approval for New Development
Town of Kernersville shall issue an approval for new development only if the development
application proposes to avoid impacts to riparian buffers defined in Section 7. (A) of this Ordinance,
or where the application proposes to impact such buffers, it demonstrates that the applicant has done
the following, as applicable:
Determined the activity is exempt from requirements of this Ordinance;
Received an Authorization Certificate from the Town of Kernersville pursuant to Section
9.A of this Ordinance;
For uses designated as Allowable with Mitigation in the Table of Uses in Section 8.(B),
received approval of mitigation plan pursuant to Section 9.(C) of this Ordinance; and
Received a variance pursuant to Section 9. (B).
B. Table of Uses
The following chart sets out potential new uses within the buffer and categorizes them as exempt,
allowable, or allowable with mitigation. All uses not categorized as exempt, allowable, or allowable
with mitigation are considered prohibited and may not proceed within the riparian buffer or outside
the buffer if the use would impact the buffer, unless a variance is granted pursuant to Section 9. (C)
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Unified Development Ordinance Chapter C —.Article VI

of this Ordinance, Variances. The requirements for each category are given in Section S. (C) of this
Section following the Table of Uses.
Use
* To qualify for the designation indicated in the column header, an
Allowable with
activity must adhere to the limitations definedfor it in a given listing
Exempt*
Allowable*
Mitigation*
as well as the requirements established in Section 8. (C) of this
Ordinance.
Access trails: Pedestrian access trails leading to the surface water,
docks, fishing piers, boat ramps and other water dependent activities:
• Pedestrian access trails that are restricted to the minimum width
practicable and do not exceed 4 feet in width of buffer disturbance,
X
and provided that installation and use does not result in removal of
trees as defined in this Ordinance and no impervious surface is
added to the riparian buffer
• Pedestrian access trails that exceed 4 feet in width of buffer
disturbance, the installation or use results in removal of trees as
X
defined in this Ordinance or impervious surface is added to the
riparian buffer
Airport facilities:
• Airport facilities that impact equal to or less than 150 linear feet or
one-third of an acre of riparian buffer
X
• Airport facilities that impact greater than 150 linear feet or one-third
of an acre of riparian buffer
X
• Activities necessary to comply with FAA requirements (e.g. radar
uses or landing strips)'
X
Archaeological activities
• In Zones land 2 and are designed, constructed and maintained to
provide the maximum sediment removal and erosion protection, to
X
have the least adverse effects on aquatic life and habitat, and to
protect water quality to the maximum extent practical
Bridges
X
Canoe Access provided that installation and use does not result in
X
removal of trees as defined in this Ordinance and no impervious
surface is added to the buffer.
Dam maintenance activities:
• Dam maintenance activities that do not cause additional buffer
X
disturbance beyond the footprint of the existing dam or those
covered under the U.S. Army Corps of Engineers Nationwide
Permit
• Dam maintenance activities that do cause additional buffer
disturbance beyond the footprint of the existing dam or those not
X
covered under the U.S. Army Corps of Engineers Nationwide
Permit
Drainage ditches, roadside ditches and stormwater conveyances
through riparian buffers:
• New stormwater lows to existing drainage ditches, roadside
X
ditches, and stormwater conveyances provided lows do not alter or
result in the need to alter the conveyance and are managed to
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Unified Development Ordinance Chapter C —.Article VI

minimize the sediment, nutrients and other pollution that convey to
waterbodies.
X
• Realignment of existing roadside drainage ditches retaining the
design dimensions, provided that no additional travel lanes are
added and the minimum required roadway typical section is used
X
based on traffic and safety considerations.
• New or altered drainage ditches, roadside ditches and stormwater
outfalls provided that a stormwater management facility is installed
to control nutrients and attenuate flow before the conveyance
X
discharges through the riparian buffer•
• New drainage ditches, roadside ditches and stormwater
conveyances applicable to linear projects that do not provide a
stormwater management facility due to topography constraints
provided that other practicable BMPs are employed.
Drainage of a pond in a natural drainage way provided that a new
X
riparian buffer that meets the requirements of Items 7(D) and 7(E) of
this Ordinance is established adjacent to the new chamicl.
Driveway crossings of streams and other surface waters subject to this
Ordinance:
• Driveway crossings on single fancily residential lots that disturb
X
equal to or less than 25 linear feet or 2,500 square feet of riparian
buffer
• Driveway crossings on single family residential lots that disturb
X
greater than 25 linear feet or 2,500 square feet of riparian buffer
• In a subdivision that cumulatively disturb equal to or less than 150
linear feet or one-third of an acre of riparian buffer
X
• In a subdivision that cumulatively disturb greater than 150 linear
feet or one-third of an acre of riparian buffer
X
Driveway impacts other than crossing of a stream or other surface
X
waters subject to this Ordinance
Fences:
• Fences provided that disturbance is minimized and installation does
not result in removal of trees as defined in this Ordinance
X
• Fences provided that disturbance is minimized and installation
�{
results in removal of trees as defined in this Ordinance
Fertilizer application: one-time application to establish vegetation
X
Grading and revegetation in Zone Two provided that diffuse flow and
X
the health of existing vegetation in Zone One is not compromised and
disturbed areas are stabilized until they are revegetated.
Greenway / biking trails designed, constructed and maintained to
X
maximize nutrient removal and erosion protection, minimize adverse
effects on aquatic life and habitat, and protect water quality to the
maximum extent practical.
Historic preservation
X
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.
Maintenance access on modified natural streams: a grassed travel way
on one side of the water body when less impacting alternatives are not
X
practical. The width and specifications of the travel way shall be only
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Unified Development Ordinance Chapter C —.Article VI

that needed for equipment access and operation. The travel way shall
be located to maximize stream shading.
Mining activities:
• Mining activities that are covered by the Mining Act provided that
X
new riparian buffers that meet the requirements of Sections 7.(D)
and 7.(E) of this Ordinance are established adjacent to the relocated
channels
• Mining activities that are not covered by the Mining Act OR where
X
new riparian buffers that meet the requirements of Sections 7.(D)
and 7.(E) of this Ordinance arc not established adjacent to the
relocated channels
• Wastewater or mining dcwatering wells with approved NPDES
X
Permit
Playground equipment:
• Playground equipment on single family lots provided that
installation and use does not result in removal of vegetation
X
• Playground equipment installed on lands other than single-family
X
lots or that requires removal of vegetation
Ponds in natural drainage ways, excluding dry ponds:
• New ponds provided that a riparian buffer that meets the
requirements of Sections 7.(D) and 7.(E) of this Ordinance is
X
established adjacent to the pond
• New ponds where a riparian buffer that meets the requirements of
Sections 7.(D) and 7.(E) of this Ordinance is NOT established
adjacent to the pond
X
Ponds that are constructed and used for agricultural purposes:
Freshwater pond to which Riparian Buffer Rules would otherwise
apply if all of the following conditions are met:
X
• The property on which the pond is located is used for agriculture as
that term is defined in G.S. 106-581.1.
• Except for the Riparian Buffer Rules and any similar rule adopted
for the protection and maintenance of riparian buffers, the use of the
property is in compliance with all other water quality and water
quantity statutes and rules applicable to the property before the
adoption of the Riparian Buffer Rules for the river basin or
watershed in which the property is located.
• The pond is not a component of an animal waste management
system as defined in G.S. 143-215.10B(3).
Tf the use of property on which a pond is located changes such that the
use no longer meets the criteria as defined in G.S. 106-581.1., the
Riparian Buffer Rules shall apply.
Protection of existing structures, facilities and stream banks when this
requires additional disturbance of the riparian buffer or the stream
X
channel
Railroad impacts other than crossings of streams and other surface
waters subject to this Ordinance.
X
Railroad crossings of streams and other surface waters subject to this
Ordinance:
• Railroad crossings that impact equal to or less than 40 linear feet of
X
riparian buffer
X
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Unified Development Ordinance Chapter C —.Article VI

• Railroad crossings that impact greater than 40 linear feet but equal
to or less than 150 linear feet or one-third of an acre of riparian
buffer
X
• Railroad crossings that impact greater than 150 linear feet or ono-
third of an acre of riparian buffer
Recreational and accessory structures:
• Sheds and gazebos in Zone Two, provided they are not prohibited
under local water supply ordinance:
o Total footprint less than or equal to 150 square feet per lot.
X
o Total footprint grcater than 150 square feet per lot.
X
• Wooden slatted decks and associated steps, provided the use meets
the requirements of Sections 7.(D) and 7.(E) of this Ordinance:
o Deck at least eight feet in height and no vegetation removed
from Zone One.
X
o Deck less than eight feet in height or vegetation removed from
X
Zone One.
Removal of previous fill or debris provided that diffuse flow is
X
maintained and vegetation is restored
Road impacts other than crossings of streams and other surface waters
X
subject to this Ordinance
Road crossings of streams and other surface waters subject to this
Ordinance:
• Road crossings that impact equal to or less than 40 linear feet of
X
riparian buffer
• Road crossings that impact greater than 40 linear feet but equal to
X
or less than 150 linear feet or one-third of an acre of riparian buffer
• Road crossings that impact greater than 150 linear feet or one-third
of an acre of riparian buffer
X
Road relocation: Relocation of existing private access roads associated
with public road projects where necessary for public safety:
• Less than or equal to 2,500 square feet of buffer impact
X
• Greater than 2,500 square feet of buffer impact
X
Stormwater BMPs:
• Wet detention, bioretention, and constructed wetlands in Zone Two
X
if diffuse flow of discharge is provided into Zone One
• Wet detention, bioretention, and constructed wetlands in Zone One
X
Scientific studies and stream gauging:
X
Tn Zones One and Two if they are designed, constructed and
maintained to protect water quality to the maximum extent practical.
Streambank or shoreline stabilization
X
Temporary- roads provided that the disturbed area is restored to pre -
construction topographic and hydrologic conditions immediately after
construction is complete and replanted immediately with comparable
vegetation, except that tree planting may occur during the dormant
season. A one-time application of fertilizer may be used to establish
vegetation: At the end of five years the restored buffer shall comply
with the restoration criteria in Section 9.(C)(7) of this Ordinance:
• Less than or equal to 2,500 square feet of buffer disturbance
• Greater than 2,500 square feet of buffer disturbance
X
X
• Associated with culvert installation or bridge construction or
replacement.
X
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Unified Development Ordinance Chapter C —Article VI

Temporary sediment and erosion control devices, provided that the
disturbed area is restored to pre -construction topographic and
hydrologic conditions immediately after construction is complete and
replanted immediately with comparable vegetation, except that tree
planting may occur during the dormant season. A one-time application
of fertilizer may be used to establish vegetation. At the end of five
years the restored buffer shall comply with the restoration criteria in
Section 9.(C)(7) of this Ordinance:
• In Zone Two provided ground cover is established within
timefratnes required by the Sedimentation and Erosion Control Act,
X
vegetation in Zone One is not compromised, and runoff is released
as diffuse flow in accordance with Section 7. (E) of this Ordinance.
• In Zones One and Two to control impacts associated with uses
approved by Town of Kernersville or that have received a variance,
X
provided that sediment and erosion control for upland areas is
addressed, to the maximum extent practical, outside the buffer.
• In -stream temporary erosion and sediment control measures for
X
work within a stream channel that is authorized under Sections 401
and 404 of the Federal Water Pollution Control Act.
• In -stream temporary erosion and sediment control measures for
X
work within a stream channel.
Utility, electric, aerial, perpendicular crossings of streams and other
surface waters subject to this Ordinance2,3,s:
• Disturb equal to or less than 150 linear feet of riparian buffet
X
X
• Disturb greater than 150 linear feet of riparian buffer
Utility, electric, aerial, other than perpendicular crossings:
• Impacts in Zone Two
X
• Impacts in Zone OneZ'
X
Utility, electric, underground, perpendicular crossings' as:
• Disturb less than or equal to 40 linear feet of riparian buffer
X
• Disturb greater than 40 linear feet of riparian buffer
X
Utility, electric, underground, other than perpendicular crossings¢:
• Impacts in Zone Two
X
• Impacts in Zone One]
X
Utility, non -electric, perpendicular crossings of streams and other
surface waters subject to this Ordinance4,5:-
• Disturb equal to or less than 40 linear feet of riparian buffer with a
X
maintenance corridor equal to or less than 10 feet in width
• Disturb equal to or less than 40 linear feet of riparian buffer with a
�{
maintenance corridor greater than 10 feet in width
• Disturb greater than 40 linear feet but equal to or less than 150 linear
feet of riparian buffer with a maintenance corridor equal to or less
X
than 10 feet in width
• Disturb greater than 40 linear feet but equal to or less than 150 linear
feet of riparian buffer with a maintenance corridor greater than 10
X
feet in width
• Disturb greater than 150 linear feet of riparian butler
X
Utility, non -electric, other than perpendicular crossings^':
• Impacts in Zone Two
X
• Impacts in Zone One]
X
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Unified Development Ordinance Chapter C —.Article VI

Vegetation management:
• Emergency fire control measures provided that topography is
X
restored
• Mowing or harvesting of plant products in Zone Two
X
• Planting vegetation to enhance the riparian buffer
X
• Pruning forest vegetation provided that the health and function of
X
the forest vegetation is not compromised
• Removal of individual trees that arc in danger of causing damage to
X
dwellings, other structures or human life, or arc imminently
endangering stability of the streambank.
• Removal of individual trees which arc dead, diseased or damaged.
X
• Removal of poison ivy
X
• Removal of invasive exotic vegetation as defined in:
Smith, Cherri L. 1998. Exotic Plant Guidelines. Dept. of
X
Environment and Natural Resources. Division of Parks and
Recreation. Raleigh, NC. Guideline 430
• Vehicular access roads leading to water -dependent structures as
X
defined in 15A NCAC 02B .0202, provided they do not cross the
surface water and have minimum practicable width not exceeding
ten feet.
• Water dependent structures as defined in 15A NCAC 02B .0202
X
where installation and use result in disturbance to riparian buffers.
Water supply reservoirs:
• New reservoirs where a riparian buffer that meets the requirements
X
of Sections 7.(D) and 7.(E) of this Ordinance is established adjacent
to the reservoir
• New reservoirs where a riparian buffer that meets the requirements
X
of Sections 7.(D) and 7.(E) of this Ordinance is not established
adjacent to the reservoir
Water wells
• Single family residential water wells
X
X
• All other water wells
Wetland, stream and buffer restoration that results in impacts to the
riparian buffers:
• Wetland, stream and buffer restoration that requires NC Division of
X
Water Quality approval for the use of a 401 Water Quality
Certification
• Wetland, stream and buffer restoration that does not require Division
X
of Water Quality approval for the use of a 401 Water Quality
Certification
Wildlife passage structures
X
'Provided that:
• No heavy equipment is used in Zone One.
• Vegetation in undisturbed portions of the buffer is not compromised.
• Felled trees are removed by chain.
• No permanent felling of trees occurs in protected buffers or streams.
• Stutnps are removed only by grinding.
• At the completion of the project the disturbed area is stabilized with native vegetation.
• Zones one and two meet the requirements of Sections 7.(D) and 7.(E)
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Unified Development Ordinance Chapter C —.Article VI

'Provided that, in Zone One, all of the following BMPs for overhead utility lines are used. If all of
these BMPs are not used, then the overhead utility lines shall require a no practical alternative
evaluation by the Town of Kernersville, as defined in Section 9. (A).
• A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed
such that only vegetation that poses a hazard or has the potential to grow tall enough to interfere
with the line is removed.
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall
remain where trees are cut.
• Riprap shall not be used unless it is necessary to stabilize a tower.
• No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the
disturbed area, and the time in which areas remain in a disturbed state.
• Active measures shall be taken after construction and during routine maintenance to ensue
diffuse flow of stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
3Provided that poles or aerial infrastructure shall not be installed within 10 feet of a water body
unless Town of Kernersville completes a no practical alternative evaluation as defined in Section 9.
(A).
'Provided that, in Zone One, all of the following BMPs for underground utility lines are used. Hall
of these BMPs are not used, then the underground utility line shall require a no practical alternative
evaluation by Town of Kernersville, as defined in Section 9. (A).
• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed.
• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall
remain, except in the trench where trees are cut.
• Underground cables shall be installed by vibratory plow or trenching.
• The trench shall be backfilled with the excavated soil material immediately following cable
installation.
• No fertilizer shall be used other than a one-time application to re-establish vegetation.
• Construction activities shall minimize the removal of woody vegetation, the extent of the
disturbed area, and the time in which areas remain in a disturbed state.
• Measures shall be taken upon completion of construction and during routine maintenance to
ensure diffuse flow of stormwater through the buffer.
• In wetlands, mats shall be utilized to minimize soil disturbance.
'Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees
and 105 degrees.
C. Requirements for Categories of Uses
Uses designated in Section 8. (B) of this Section as exempt, allowable, and allowable with mitigation
within a riparian buffer shall have the following requirements:
I. Exempt.
Uses designated as exempt are permissible without authorization by Town of Kernersville
provided that they adhere to the limitations of the activity as defined in Section 8. (B) of this
Section, the Table of Uses. In addition, exempt uses shall be designed, constructed, and
maintained to minimize soil disturbance and to provide the maximum water quality protection
practicable, including construction, monitoring, and maintenance activities.
2. Allowable.
Uses designated as allowable may proceed provided that there are no practical alternatives to
the requested use pursuant to Section 9. (A) of this Section. This includes construction,
monitoring, and maintenance activities. These uses require written authorization from the
Town of Kernersville.
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Unified Development Ordinance Chapter C —.Article VI

3. Allowable with Mitigation.
Uses designated as allowable with mitigation may proceed provided that there are no practical
alternatives to the requested use pursuant to Section 9. (A) of this Section and an appropriate
mitigation strategy has been approved pursuant to Section 9. (C). These uses require written
authorization from the Town of Kernersville.
6-1.9 PERMITS PROCEDURES, REQUIREMENTS, AND APPROVALS
A. Determination of No Practical Alternatives / Request for Authorization Certificate
Persons who wish to undertake uses designated as allowable or allowable with mitigation
shall submit a request for a "no practical alternatives" determination to the Town of
Kernersville. The applicant shall certify that the project meets all the following criteria for
finding "no practical alternatives":
a. The basic project purpose cannot be practically accomplished in a manner that
would better minimize disturbance, preserve aquatic life and habitat, and protect
water quality;
b. The use cannot practically be reduced in size or density, reconfigured or
redesigned to better minimize disturbance, preserve aquatic life and habitat, and
protect water quality; and
C. Best management practices shall be used if necessary to minimize disturbance,
preserve aquatic life and habitat, and protect water quality.
The applicant shall also submit at least the following information in support of their
assertion of "no practical alternatives":
a. The name, address and phone number of the applicant;
b. The nature of the activity to be conducted by the applicant;
C. The location of the activity, including the jurisdiction;
d. A map of sufficient detail to accurately delineate the boundaries of the land to be
utilized in carrying out the activity, the location and dimensions of any
disturbance in riparian buffers associated with the activity, and the extent of
riparian buffers on the land;
e. An explanation of why this plan for the activity cannot be practically
accomplished, reduced or reconfigured to better minimize disturbance to the
riparian buffer, preserve aquatic life and habitat and protect water quality; and
f. Plans for any best management practices proposed to be used to control the
impacts associated with the activity.
Within 60 days of a submission that addresses Section 9.(A)(2) , the Town of Kernersville
shall review the entire project and make a finding of fact as to whether the criteria in
Section 9.(A)(1) of this Section have been met. A finding of "no practical alternatives"
shall result in issuance of an Authorization Certificate. Failure to act within 60 days shall
be construed as a finding of "no practical alternatives" and an Authorization Certificate
shall be issued to the applicant unless one of the following occurs:
a. The applicant agrees, in writing, to a longer period;
b. The Town of Kernersville determines that the applicant has failed to furnish
requested information necessary to the Town of Kernersville decision;
C. The final decision is to be made pursuant to a public hearing; or
d. The applicant refuses access to its records or premises for the purpose of gathering
information necessary to the Town of Kernersville's decision.
The Town of Kernersville may attach conditions to the Authorization Certificate that
support the purpose, spirit, and intent of this Ordinance.
Any appeals of determ inations regarding Authorization Certificates shall be referred to the
Director of the Division of Water Quality, c/o the 401 Oversight Express Permitting Unit,
or its successor. The Director's decision is subject to review as provided in G.S. 150B
Articles 3 and 4.
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Unified Development Ordinance Chapter C —.Article VI

B. Variances
1. Requirements for Variances.
Persons who wish to undertake prohibited uses may pursue a variance. The Town of
Kernersville may grant minor variances. For major variances, the Town of Kernersville
shall prepare preliminary findings and submit them to the Division of Water Resources,
401 & Buffer Permitting Branch, or its successor for approval by the Environmental
Management Commission. The variance request procedure shall be as follows:
a. For any variance request, the Town of Kernersville shall make a finding of fact as
to whether there are practical difficulties or unnecessary hardships that prevent
compliance with the riparian buffer protection requirements. A finding of
practical difficulties or unnecessary hardships shall require that the following
conditions are met:
i. If the applicant complies with the provisions of this Ordinance, he/she
can secure no reasonable return from, nor make reasonable use of, his/her
property. Merely proving that the variance would pennit a greater profit
from the property shall not be considered adequate justification for a
variance. Moreover, the Town of Kernersville shall consider whether
the variance is the minimum possible deviation from the terms of this
Ordinance that shall make reasonable use of the property possible;
ii. The hardship results from application of this Ordinance to the property
rather than from other factors such as deed restrictions or other hardship;
iii. The hardship is due to the physical nature of the applicant's property,
such as its size, shape, or topography, such that compliance with
provisions of this ordinance would not allow reasonable use of the
property;
iv. The applicant did not cause the hardship by knowingly or unknowingly
violating this Ordinance;
V. The hardship is rare or unique to the applicant's property.
b. The variance is in harmony with the general purpose and intent of the State's
riparian buffer protection requirements and this Ordinance and preserves its spirit;
and
C. In granting the variance, the public safety and welfare have been assured, water
quality has been protected, and substantial justice has been done.
2. Minor Variances
A minor variance request pertains to activities that will impact only Zone Two of the
riparian buffer. Minor variance requests shall be reviewed and approved based on the
criteria in Section 9. (A)(1) through Section 9. (A)(3) by the Town of Kernersville pursuant
to G.S. 153A-Article 18, or G.S. 160A-Article 19. The Town of Kernersville may attach
conditions to the variance approval that support the purpose, spirit and intent of the riparian
buffer protection program. Request for appeals to decisions made by the Town of
Kernersville shall be made in writing to the Director of the Division of Water Resources
c/o the 401 & Buffer Permitting Branch, or its successor. The Director's decision is subject
to review as provided in G.S. 150B Articles 3 and 4.
3. Major Variances
A major variance request pertains to activities that will impact any portion of Zone One or
any portion of both Zones One and Two of the riparian buffer. If Town of Kernersville has
determined that a major variance request meets the requirements in Section 9.(B)(1)), then
it shall prepare a preliminary finding and submit it to the NC Environmental Management
Commission c/o the Division of Water Resources, 401 & Buffer Permitting Branch, or its
successor, for approval. Within 90 days after receipt by Town of Kernersville, the
Commission shall review preliminary findings on major variance requests and take one of
the following actions: approve, approve with conditions and stipulations, or deny the
request. Appeals from a Commission decision on a major variance request are made on
judicial review to Superior Court.
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C. Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers
(1) Purpose. The purpose of this section is to set forth the mitigation requirements that apply
to applicants listed in Paragraph (2) of this section.
(2) Mitigation Requirements. Buffer mitigation is required when one of the following
applies:
(a) The applicant has received an authorization certificate for impacts pursuant to
Section 9. (A) of this Ordinance and is required to perform mitigation as a
condition of the authorization certificate; or
(b) The applicant has received a variance pursuant to Section 9. (B) of this Ordinance
and is required to perform mitigation as a condition of a variance approval.
Any applicant covered under this Paragraph shall submit to the Town of Kernersville a
written mitigation proposal that calculates the required area of mitigation and describes the
area and location of each type of proposed mitigation. The applicant shall not impact
buffers until the Town of Kernersville approves the mitigation plan and issues written
approval.
(3) Area of Impact. The Town of Kernersville shall determine the area of impact in square
feet to each Zone as defined by this Ordinance by adding the following:
(a) The area of the footprint of the use impacting the riparian buffer;
(b) The area of the boundary of any clearing and grading activities within the riparian
buffer necessary to accommodate the use; and
(c) The area of any ongoing maintenance corridors within the riparian buffer
associated with the use. The Town of Kernersville shall deduct from this total the
area of anv wetlands that are subject to and compliant with riparian wetland
Mitigation requirements under 15A NCAC 02H .0506 and are located within the
proposed riparian buffer impact area.
(4) Area of Mitigation Required on Zonal Mitigation Ratios. The Town of Kernersville
shall determine the required area of mitigation for each Zone by applying each of the
following ratios or multipliers to the area of impact calculated under Paragraph (3) of this
section:
Basin/Watershed
Zone 1 Ratio
Zone 2 Ratio
Randleman Lake Watershed 15A NCAC 02B .0250
3: 1
1.5:1
(5) Area of Mitigation Required on Locational Mitigation Ratios. The applicant shall use
the following locational ratios as applicable based on location of the proposed mitigation
site relative to that of the proposed impact site. Locational ratios shall be as follows:
Location
Ratio
Within the 12-digit HUC
1:1
Within the eight -digit HUC
1:1
Outside of the eight -digit HUC
2:1
A Except as provided in Paragraph (6) of this Rule.
(6) Geographic Restrictions on Location of Mitigation. Mitigation shall be performed in
the same river basin where the impact is located with the following additional specification:
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Mitigation shall be performed in the same watershed where the impact is located as defined
in Rule .0248 of the 15A NCAC 02B Section.
(7) Mitigation Options for Applicants. The applicant may propose any of the following
types of mitigation:
(a) Riparian buffer restoration or enhancement pursuant to Paragraph (13) of this
Section;
(b) Payment of a compensatory mitigation fee to a compensatory buffer mitigation
bank pursuant to Paragraph (8) of this Section or payment of a compensatory
mitigation fee to the Riparian Buffer Restoration Fund pursuant to Paragraph (9)
of this Section. Payment shall conform to the requirements of G.S. 143-214.20;
(c) Donation of real property or of an interest in real property pursuant to Paragraph
(10) of this Rule;
(d) Alternative buffer mitigation pursuant to Paragraph (14) of this Section; or
(e) Other buffer mitigation as approved by the Environmental Management
Commission as a condition of a variance approval.
(S) Purchase of Buffer Mitigation Credits from a Private or Public Compensatory Buffer
Mitigation Bank. Applicants who choose to satisfy some or all of their mitigation by
purchasing mitigation credits from a private or public compensatory buffer mitigation bank
shall meet the following requirements:
(a) The compensatory buffer mitigation bank from which credits are purchased shall
have available riparian buffer credits approved by the Division;
(b) The compensatory buffer mitigation bank from which credits are purchased shall
be located as described in Paragraphs (4), (5), and (6) of this Section; and
(c) After receiving a mitigation acceptance letter from the compensatory buffer
mitigation bank, proof of payment for the credits shall be provided to the Town of
Kernersville prior to any activity that results in the removal or degradation of the
protected riparian buffer.
(9) Payment to the Riparian Buffer Restoration Fund. Applicants who choose to satisfy
some or all of their mitigation requirement by paying a compensatory mitigation fee to the
Riparian Buffer Restoration Fund shall meet the requirements of Rule .0601 of the 15A
NCAC 02R Section. Payment made to the NC Division of Mitigation Services(DMS) shall
be contingent upon acceptance of the payment by the DMS. The DMS shall consider their
financial, temporal, and technical ability to satisfy the mitigation request to determine
whether they shall accept or deny the request.
(10) Donation of Property. Applicants who choose to satisfy their mitigation requirement by
donating real property or an interest in real property to fully or partially offset an approved
payment into the Riparian Buffer Restoration Fund pursuant to Paragraph (9) of this
Section shall do so in accordance with 15A NCAC 02R .0403.
(11) Mitigation Site Requirements for Applicants. For each mitigation site proposed by an
applicant under Paragraphs (13) of this Rule, the Town of Kernersville shall identify
functional criteria to measure flee anticipated benefits of the mitigation to the adjacent
water. The Town of Kernersville shall issue a mitigation determination that specifies the
area, type, and location of mitigation and the water quality benefits to be provided by the
mitigation site. All mitigation proposals shall meet the following criteria:
(a) The location of the buffer mitigation site shall comply with the requirements of
Paragraphs (5) and (6) of this Section
(b) The mitigation proposal shall include a commitment to provide:
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• a perpetual conservation easement or similar preservation mechanism to
ensure perpetual stewardship that protects the mitigation site's nutrient
removal and other water quality functions;
• a non -wasting endowment or other dedicated financial surety to provide
for the perpetual land management and hydrological maintenance of
lands and maintenance of structures as applicable; and
• financial assurance in the form of a completion bond, credit insurance,
letter of credit, escrow, or other vehicle acceptable to the Town of
Kernersville payable to, or for the benefit of, the Town of Kernersville
in an amount sufficient to ensure that the property is secured in fee title
or by easement, and that planting or construction, monitoring and
maintenance are completed as necessary to meet success criteria as
specified in the approved mitigation plan. This financial assurance
obligation shall not apply to the NC DMS.
(e) Diffuse flow of runoff shall be maintained in the riparian buffer. Any existing
impervious cover or stormwater conveyances such as ditches, pipes, or drain tiles
shall be eliminated and the flow converted to diffuse flow. If the applicant
detennines that elimination of existing stormwater conveyances is not feasible,
then they shall include a justification and shall provide a delineation of the
watershed draining to the stormwater outfall and the percentage of the total
drainage by area treated by the riparian buffer with the mitigation plan specified
in Paragraph (13) of this Rule for Town of Kernersville approval. During
mitigation plan review and approval, the Town of Kernersville may reduce credit
proportionally.
(d) Sewer easement within the buffer. If the proposed mitigation site contains a sewer
easement in Zone I, that portion of the sewer easement within Zone I shall not be
suitable for buffer mitigation credit. If the proposed mitigation site contains a
sewer easement in Zone 2, the portion of the sewer easement in Zone 2 may be
suitable for buffer mitigation credit if:
• the applicant restores or enhances the forested buffer in Zone 1 adjacent
to the sewer easement;
• the sewer easement is required to be maintained in a condition that meets
the vegetative requirements of the collection system permit; and
• diffuse flow is provided across the entire buffer width.
(e) Buffer mitigation credit, nutrient offset credit, wetland mitigation credit, and
stream mitigation credit shall be accounted for in accordance with the following:
• Buffer mitigation used for buffer mitigation credit shall not be used for
nutrient offset credits;
• Buffer mitigation credit shall not be generated within wetlands that
provide wetland mitigation credit required by 15A NCAC 02H .0506;
and
• Buffer mitigation credit may be generated on stream mitigation sites as
long as the width of the restored or enhanced riparian buffer meets the
requirements of Subparagraph (13)(a) of this Rule.
(12) Riparian Buffer Mitigation Units. Mitigation activities shall generate riparian buffer
mitigation units as follows:
Square Feet of
Riparian Buffer
Mitigation Activity
Mitigation Buffer
Mitigation Units Generated
Restoration Site
1
1
Enhancement Site
2
1
(13) Riparian Buffer Restoration Site or Enhancement Site. Town of Kernersville staff shall
make an on -site determination as to whether a potential mitigation site qualifies as a
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restoration site or enhancement site as defined in Section (14) "Definitions" of this Rule.
Riparian buffer restoration sites or enhancement sites shall meet the following
requirements:
(a) Buffer restoration sites or enhancement sites may be proposed as follows:
Buffer width (ft)
Proposed
Percentage of
Full Credit
Less than 20
0 %
20-29
75 %
30-100
100 %
101-200
33%
(b) The applicant shall submit a restoration or enhancement mitigation plan to the
Town of Kernersville for written approval. The plan shall demonstrate
compliance with the requirements of this Paragraph and Paragraphs (11) and (12)
of this Rule and shall also contain the following:
• A map of the proposed restoration or enhancement site;
• A vegetation plan that shall detail the activities proposed to ensure a final
performance standard of 260 stems per acre at the completion of
monitoring. The final performance standard shall include a minimum of
four native hardwood tree species or four native hardwood tree and
native shrub species, where no one species is greater than 50 percent of
stems. Native hardwood and native shrub volunteer species may be
included to meet the final performance standard of 260 stems per acre.
The Town of Kernersville may approve alternative vegetation plans upon
consideration of factors, including site wetness and plant availability, to
meet the requirements of this Part;
• A grading plan (if applicable). The site shall be graded in a manner to
ensure diffuse flow through the entire riparian buffer;
• A schedule for implementation, including a fertilization and herbicide
plan if applicable; and
• A monitoring plan to document whether the site is expected to meet the
final performance standards as defined above and other anticipated
benefits to the adjacent water. The plan shall include a proposed schedule
and method for monitoring the vegetative status of the restoration or
enhancement site for five years, including the health and average stem
densities of native hardwood tree or tree and shrub species that are to be
counted toward the final performance standard.
(c) Within one year after Town of Kernersville approval of the mitigation plan, the
applicant shall present documentation to the Town of Kernersville that the riparian
buffer has been restored or enhanced unless the applicant requests, and the Town
of Kernersville agrees in writing prior to that date, to a longer time period.
(d) The applicant shall submit written annual reports, unless an alternative schedule
has been approved by the Town of Kernersville during the mitigation plan
approval for a period of five years after completion of the activities identified in
Part (13)(b) of this Rule at the restoration site or enhancement site showing:
• compliance with the monitoring plan approved pursuant to Part (13)(b)
of this Rule; and
• that diffuse flow through the riparian buffer has been maintained.
If the Town of Kernersville determines that the native hardwood tree or tree and
shrub species at the site are not expected to meet the final performance standards
listed in Part (13)(b) of this Rule, then the Town of Kernersville may require that
the applicant replaces trees or trees and shrubs as needed during that five-year
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period. If the Town of Kernersville determines that diffuse flow through the buffer
is not being maintained, then the Town of Kernersville may require that the
applicant restores diffuse flow. If the Town of Kernersville determines that the
final performance standards listed in Part (13)(b) of this Rule have not been
achieved at the end of the five-year monitoring period, the Town of Kernersville
may require additional years of monitoring. The Town of Kernersville shall make
determinations referenced in this Subparagraph on a site specific basis based on
the annual reports, any supplemental information submitted by the applicant, or a
site evaluation by the Town of Kernersville.
(14) Alternative Buffer Mitigation Options. Any proposal for alternative buffer mitigation
shall be provided in writing to the Division and shall meet the content and procedural
requirements for approval by the Division. Alternative buffer mitigation options that are
approved by the Division in accordance with Rule .0295 of the 15A NCAC 02B Section
shall be considered acceptable by the Town of Kernersville.
6-1.10 COMPLIANCE AND ENFORCEMENT
A. Site Inspections
1. Agents, officials, or other qualified persons authorized by the Town of Kernersville may
periodically inspect riparian buffers to ensure compliance with this ordinance.
2. Notice of the right to inspect shall be included in the letter of approval of each variance
and buffer authorization.
3. Authority to Enter Property and Conduct Investigations and Inspections
Authorized agents, officials or other qualified persons shall have the authority, upon
presentation of proper credentials, to enter and inspect at reasonable times any property,
public or private, for the purpose of investigating and inspecting the site of any riparian
buffer. No person shall willfully resist, delay, or obstruct an authorized representative,
employee, or agent of Town of Kernersville, while that person is inspecting or attempting
to inspect a riparian buffer nor shall any person obstruct, hamper, or interfere with any such
representative while in the process of carrying out their official duties. The Town of
Kernersville shall have the power to conduct such investigations as deemed reasonably
necessary to carry out the duties as prescribed in this Ordinance.
4. Notice of Violation
a. If it is determined that a person has failed to comply with the requirements of this
Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, a
notice of violation shal I be served upon that person. The notice may be served by
any means authorized under G.S. IA-1, rule 4. In the event service cannot be
accomplished by registered or certified mail, it may be accomplished in any
manner provided in rule (4) j of the North Carolina Rules of Civil Procedure.
b. The notice shall specify the violation and inform the person of the actions that
need to be taken to comply with this Ordinance, or rules or orders adopted
pursuant to this Ordinance. The notice shall direct the person to correct the
violation within a specified reasonable time. The notice shall inform the person
that any person who violates or fails to act in accordance with any of the
provisions of this Ordinance or rules or orders adopted or issued pursuant to this
Ordinance is subject to the civil and criminal penalties and other enforcement
actions as provided in this Ordinance.
5. Power to Require Statements
The Town of Kernersville shall also have the power to require written statements, or the
filing of reports under oath, with respect to pertinent questions relating to land -disturbing
activities.
B. Civil Penalties
1. Assessment of Penalties
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Any person who violates or fails to act in accordance with any of the provisions of this
Ordinance or rules or orders adopted or issued pursuant to this Ordinance shall be subject
to a civil penalty. A civil penalty for a violation may be assessed in an amount not to
exceed ten thousand dollars ($10,000) per day. If any violation for which a penalty may
be assessed is continuous, a civil penalty may be assessed for each day of the violation in
an amount not to exceed twenty-five thousand dollars ($25,000) per day for as long as the
violation occurs. Each day of a continuing violation shall constitute a separate violation
under Section 10. (B)(1).
2. Notice of Civil Penalty Assessment
The governing body of the Town of Kernersville shall provide written notice of the civil
penalty amount and the basis for the assessment to the person assessed. The notice of civil
penalty assessment shall be served by any means authorized under G.S. lA-1, Rule 4, and
shall direct the violator to either pay the assessment or contest the assessment, within thirty
(30) days after receipt of the notice of assessment by written demand for a hearing.
3. Hearing
A hearing on the civil penalty shall be conducted by the Kernersville Board of Adjustment
within thirty (30) days after the date the written demand for the hearing is received by the
Town.
4. Final Decision.
The Kernersville Board of Adjustment shall issue a final decision on the civil penalty
within thirty (30) days of the hearing. A copy of the final decision shall be served on the
violator by any means authorized under G.S. 1A-1, Rule 4.
5. Appeal of Final Decision.
Appeal form the final decision of the governing body shall be to the Superior Court of the
county in which the violation occurred. Any appeal must be filed with thirty days of receipt
of the final decision. A copy of the appeal must be served on the Town Manager by any
means authorized under G.S. 1 A-1, Rule 4.
6. Demand for Payment of Penalty
An assessment that is not contested is due when the violator is served with a notice of
assessment. The civil penalty must be paid within 30 days or the assessment, if not
appealed, or within 30 days after the conclusion of the administrative or judicial review of
the assessment. If payment is not received within 30 days after demand for payment is
made, the Town of Kernersville may institute a civil action to recover the amount of the
assessment. The civil action may be brought in the Superior Court where the violation
occurred, or the violator's residence or principal place of business is located. Such civil
actions must be filed within three (3) years of the date the assessment was due.
7. Use of Penalties
Civil penalties collected pursuant to this Ordinance shall be credited to the general fund of
the Town of Kernersville as nontax revenue.
C. Criminal Penalties
1. Any person who negligently violates any provision of this Ordinance or rule or order
adopted pursuant to this Ordinance, shall be guilty of a Class 2 misdemeanor which may
include a fine not to exceed fifteen thousand dollars ($15,000) per day of violation,
provided that such fine shall not exceed a cumulative total of two hundred thousand dollars
($200,000) for each period of 30 days during which such a violation continues.
2. Any person who knowingly or willingly violates any provision of this Ordinance or rule or
order adopted pursuant to this Ordinance, shall be guilty of a Class I felony which may
include a fine not to exceed one hundred thousand dollars ($100,000) per day of violation,
provided that this fine shall not exceed a cumulative total of five hundred thousand dollars
($500,000) for each period of 30 days during which such a violation continues.
3. Any person who knowingly violates any provision of this Ordinance or rule or order
adopted pursuant to this Ordinance, shall be guilty of a Class C felony which may include
a fine not to exceed two hundred fifty thousand dollars ($250,000) per day of violation,
provided that this fine shall not exceed a cumulative total one million dollars ($1,000,000)
for each period of 30 days during which such a violation continues.
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D. injunctive Relief
1. Civil Action in Superior Court
Whenever the governing body of the Town of Kernersville has reasonable cause to believe
that any person is violating or threatening to violate this Ordinance or any rule or order
adopted or issued pursuant to this Ordinance, it may, either before or after the institution
of any other action or proceeding authorized by this Ordinance, institute a civil action in
the name of the Town of Kernersville for injunctive relief to restrain the violation or
threatened violation. The action shall be brought in the Superior Court of Town of
Kernersville.
2. Order to Cease Violation
Upon determination by a court that an alleged violation is occurring or is threatened, the
court shall enter any order or judgment that is necessary to abate the violation, to ensure
that restoration is performed, or to prevent the threatened violation. The institution of an
action for injunctive relief under this section shall not relieve any parry to the proceedings
from any civil or criminal penalty prescribed for violations of this Ordinance.
E. Compliance with Requirements
Any person engaged in new activities as defined by this Ordinance who fails to meet the
requirements of this Ordinance shall be deemed in violation of this Ordinance.
6-1.11 SEVERABILITY
if any one or more sections or portions thereof of this Ordinance are held to be inval id or unenforceable, al I
other sections and portions thereof shall nevertheless continue in full force and effect.
6-1.12 EFFICTIVE DATE
This Ordinance will become effective upon approval by the NC Environmental Management Commission
and adoption by the Town of Kernersville Board of Alderman.
6-1.13 REVISIONS TO THIS ORDINANCE
The Town of Kernersville shall review any revisions to the Local Riparian Buffer Protection Ordinance made
by the Division of Water Quality and, within 60 days of receipt of the recommended revisions, submit draft
amendments to the DWQ for its consideration and comments. Within 90 days after receipt of the DWQ's
comments, the Town of Kernersville will incorporate amendments into this ordinance.
6-1.14 DEFINITIONS
For the purpose of this Ordinance, these terms shall be defined as follows:
`Access Trails' means pedestrian trails constructed of pervious or impervious surfaces and related structures
to access a surface water, including boardwalks, steps, rails, and signage.
`Airport Facilities' means all properties, facilities, buildings, structures, and activities that satisfy or
otherwise fall within the scope of one or more of the definitions or uses of the words or phrases `air navigation
facility', `airport', or `airport protection privileges' under G.S. 63-1; the definition of `aeronautical facilities'
in G.S. 63-79(l); the phrase 'airport facilities' as used in G.S. 159-48(b)(1); the phrase `aeronautical
facilities' as defined in G.S. 159-81 and G.S. 159-97; and the phrase `airport facilities and improvements' as
used in Article V, Section 13, of the North Carolina Constitution, which shall include, without limitation,
any and all of the following: airports, airport maintenance facilities, clear zones, drainage ditches, fields,
hangars, landing lighting, airport and airport -related offices, parking facilities, related navigational and signal
systems, runways, stormwater outfalls, terminals, terminal shops, and all appurtenant areas used or suitable
for airport buildings or other airport facilities, and al I appurtenant rights -of -way; restricted landing areas; any
structures, mechanisms, lights, beacons, marks, communicating systems, or other instrumentalities or devices
used or useful as an aid, or constituting an advantage or convenience to the safe taking off, navigation, and
landing of aircraft, or the safe and efficient operation or maintenance of an airport or restricted landing area;
easements through, or interests in, air space over land or water, interests in airport hazards outside the
boundaries of airports or restricted landing areas, and other protection privileges, the acquisition or control
of which is necessary to ensure safe approaches to the landing areas of airports and restricted landing areas,
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and the safe and efficient operation thereof and any combination of any or all of such facilities.
Notwithstanding the foregoing, the following shall not be included in the definition of `airport facilities':
I. Satellite parking facilities;
2. Retail and commercial development outside of the terminal area, such as rental car facilities; and
3. Other secondary development, such as hotels, industrial facilities, free-standing offices and other
similar buildings, so long as these facilities are not directly associated with the operation of the
airport, and are not operated by a unit of govermnent or special governmental entity such as an
airport authority, in which case they are included in the definition of `airport facilities'.
`Channel' means a natural water -carrying trough cut vertically into low areas of the land surface by erosive
action of concentrated flowing water or a ditch or canal excavated for the flow of water.
`Compensatory Buffer Mitigation Bank' means a buffer mitigation site created by a mitigation provider
and approved for mitigation credit by the Division through execution of a mitigation banking instrument.
`DBH' means diameter at breast height of a tree measured at 4.5 feet above ground surface level.
`Development' means the same as defined in Rule 15A NCAC 2B .0202(23).
`Ditch' means a man-made, open drainage way in or into which excess surface water or groundwater from
land, stormwater runoff, or floodwaters flow either continuously or intermittently.
`Division' means the Division of Water Resources of the North Carolina Department of Environment and
Natural Resources.
`Enhancement Site' means a riparian zone site characterized by conditions between that of a restoration site
and a preservation site such that the establishment of woody stems (i.e., tree or shrub species) will maximize
nutrient removal and other buffer functions.
`Ephemeral stream' means a feature that carries only stormwater in direct response to precipitation with
water flowing only during and shortly after large precipitation events. An ephemeral stream may or may not
have a well-defined channel, the aquatic bed is always above the water table, and stormwater runoff is the
primary source of water. An ephemeral stream typically lacks the biological, hydrological, and physical
characteristics commonly associated with the continuous or intermittent conveyance of water.
`Existing development' means development, other than that associated with agricultural or forest
management activities that meets one of the following criteria:
it either is built or has established a vested right based on statutory or common law as interpreted by the
covets, as of the effective date of local new development stormwater programs implemented under Rule 15A
NCAC 2B.0251 (Randleman Lake Water Supply Watershed: Stormwater Requirements).
`Greenway / Hiking Trails' means pedestrian trails constructed of pervious or impervious surfaces and
related structures including but not limited to boardwalks, steps, rails, and signage, and that generally run
parallel to the shoreline.
`High Value Tree' means a tree that meets or exceeds the following standards: for pine species, 14-inch
DBH or greater or 18-inch or greater stump diameter; or for hardwoods and wetland species, 16-inch DBH
or greater or 24-inch or greater stump diameter.
`Hydrologic Area' means the Watershed Boundary Dataset (WED), located at no cost at
http://data.nconemap.com/geoportal/catalog/search/resource/details.page?uuid—{ 16A42F31-6DC7-4EC3-
88A9-03E6B7D55653 } using the eight -digit Hydrologic Unit Code (HUC) prepared by the United States
Geological Survey.
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`Intermittent stream' means a well-defined channel that contains water for only part of the year, typically
during winter and spring when the aquatic bed is below the water table. The flow may be heavily
supplemented by stonmwater runoff. An intermittent stream often lacks the biological and hydrological
characteristics commonly associated with the continuous conveyance of water.
'Loeational Ratio' means the mitigation ratio applied to the mitigation requirements based on the location
of the mitigation site relative to the impact site as set forth in Section 9. (C)(5) of this Rule.
`Mitigation banking instrument' means the legal document for the establishment, operation, and use of a
mitigation bank.
`Modified natural stream' means an on -site channelization or relocation of a stream channel and
subsequent relocation of the intermittent or perennial flow as evidenced by topographic alterations in the
immediate watershed. A modified natural stream must have the typical biological, hydrological, and physical
characteristics commonly associated with the continuous conveyance of water.
`Monitoring period' means the length of time specified in the approved mitigation plan during which
monitoring of vegetation success and other anticipated benefits to the adjacent water as listed in the mitigation
approval is done.
`New Development' means any development project that does not meet the definition of existing
development set out in this Ordinance.
`Non -wasting endowment' means a fund that generates enough interest to cover the cost of the long term
monitoring and maintenance.
`Perennial stream' means a well-defined channel that contains water year round during a year of normal
rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the primary
source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream exhibits the
typical biological, hydrological, and physical characteristics commonly associated with the continuous
conveyance of water.
`Perennial waterbody' means a natural or man-made basin, including lakes, ponds, and reservoirs, that
stores surface water permanently at depths sufficient to preclude growth of rooted plants. For the purpose of
the State's riparian buffer protection program, the waterbody must be part of a natural drainage way (i.e.,
connected by surface flow to a stream).
`Preservation Site' means riparian zone sites that, as determined by a site visit conducted by the Town of
Kernersville or the Division, are characterized by a forest consisting of the forest strata and diversity of
species appropriate for the location.
`Restoration Site' means riparian zone sites that are characterized by an absence of trees and by a lack of
dense growth of smaller woody stems (i.e., shrubs or saplings) or sites that are characterized by scattered
individual trees such that the tree canopy is less than 25 percent of the cover and by a lack of dense growth
of smaller woody stems (i.e., shrubs or saplings).
'Riparian buffer mitigation unit' means a unit representing a credit of riparian buffer mitigation as set forth
in Paragraph (12) of Section (9)(C) of this Rule.
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`Riparian wetland' means a wetland that is found in one or more of the following landscape positions:
(A) in a geomorphic floodplain;
(B) in a natural topographic crenulation;
(C) contiguous with an open water equal to or greater than 20 acres in size; or
(D) subject to tidal flow regimes excluding salt/brackish marsh wetlands.
`Shoreline stabilization' is the in -place stabilization of an eroding shoreline. Stabilization techniques which
include "soft" methods or natural materials (such as root wads, or rock vanes) may be considered as part of
a restoration design. However, stabilization techniques that consist primarily of "hard" engineering, such as
concrete lined channels, riprap, or gabions, while providing bank stabilization, shall not be considered stream
restoration.
`Stem' means a woody seedling, sapling, shrub, or tree, no less than 10 centimeters in height.
`Stream restoration' is defined as the process of converting an unstable, altered or degraded stream
corridor, including adjacent riparian zone and flood -prone areas to its natural or referenced, stable conditions
considering recent and future watershed conditions. This process also includes restoring the geomorphic
dimension, pattern, and profile as well as biological and chemical integrity, including transport of water and
sediment produced by the stream's watershed in order to achieve dynamic equilibrium. 'Referenced' or
`referenced reach' means a stable stream that is in dynamic equilibrium with its valley and contributing
watershed. A reference reach can be used to develop natural channel design criteria for stream restoration
projects.
`Stump diameter' means the diameter of a tree measured at six inches above the ground surface level
"Surface waters" means all waters of the state as defined in G.S. 143-212 except underground waters
`Temporary road' means a road constructed temporarily for equipment access to build or replace hydraulic
conveyance structures such as bridges, culverts, pipes or water dependent structures, or to maintain public
traffic during construction.
"Tree" means a woody plant with a DBH equal to or exceeding five inches or a stump diameter exceeding
six inches.
`Urban' means an area that is either designated as an urbanized area under the most recent federal decennial
census available at no cost at http://www.census.gov/ or is located within the corporate limits of a
municipality.
`Zonal Ratio' means the mitigation ratio applied to impact amounts in the respective zones of the riparian
buffer as set forth in Paragraph (4) of Section (9)(C) of this Rule.
487
Unified Development Ordinance Chapter C —.Article VI

CHAPTER C - ENVIRONMENTAL ORDINANCE
ARTICLE VII - DAM BREACH HAZARD AREAS
7-1 GENERAL
7-1.1 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.
7-1.2 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 Community Development Department.
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.
7-1.2 DEVELOPMENT STANDARDS
The development standards applicable to floodways, in accordance with Section C.2-3 shall apply to dam
breach hazard areas.
Unified Development Ordinance 487 Chapter C Article VII

CHAPTER C - ENVIRONMENTAL ORDINANCE
ARTICLE VIII - ADMINISTRATION AND AMENDMENTS
8-1 ADMINISTRATION
To accomplish the purposes of this Ordinance and to insure compliance with these regulations, the
following administrative responsibilities are assigned:
8-1.1 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 Community Development Director and the Planning Board are responsible for making
recommendations to the Elected Body regarding Floodway and Floodway Fringe Regulations (Article 11),
Watershed Regulations (Article TTT, TV), 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.
8-1.2 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.
Unified Development Ordinance 489 Chapter C Article VIII

8-2 AMENDMENTS
8-2.1 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 TV 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.
8-2.2 ADVERTISING
Whenever a petition to amend this Ordinance is submitted to the Planning Board or the Elected Body, the
respective board shall schedule apublic hearing. Notice of the public hearing shall be advertised one time
at least ten (10) days prior to the date affixed for the hearing in a newspaper of general circulation in
Kernersvi I le.
8-2.3 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.
8-2.4 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.
8-2.5 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.
Unified Development Ordinance 490 Chapter C Article VIII

8-3 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.
Unified Development Ordinance 491 Chapter C Article VIII