WSCO_FORS_WSWP Ordinance_Walkertown Watershed Protection Ordinance_20210712

Article III - Watershed Protection
3-1 - AUTHORITY AND GENERAL PROVISIONS
3-1.1 SHORT TITLE
This Ordinance shall be known and may be cited as the Forsyth County Watershed Protection
Ordinance, except as referred to herein, where it shall be known as this Ordinance.
3-1.2 PURPOSE
The purpose of this Ordinance is to promote the health, safety and general welfare of the citizens and
residents of the State of North Carolina, including residents of the Forsyth County, and residents who live
within areas designated as public water supply watersheds, as established by the North Carolina
Environmental Management Commission.
An additional purpose of this Ordinance is to establish regulations which protect drinking water quality
in Forsyth County and which meet the minimum regulations established by the North Carolina
Environmental Management Commission under the provisions of the Water Supply Watershed Protection
Act of 1989.
A further purpose of this Ordinance is to implement the goals, objectives, and policies of Legacy, A
Legacy for Forsyth County, North Carolina, as amended, including any specifically related land use plans,
development guides, and the Transportation Plan.
3-1.3 JURISDICTION
The provisions of this Ordinance shall apply to those areas in Forsyth County and the Town of
Walkertown which are Public Water Supply Watersheds as designated and classified by the North Carolina
Environmental Management Commission excluding the Salem Lake Watershed within Forsyth County's
jurisdiction and are not within either the corporate limits or the extraterritorial zoning jurisdiction of the City
of Winston-Salem, the Town of Kernersville, Town of Lewisville or the Village of Clemmons. Designated
water supply watersheds areas are: Abbotts Creek watershed, Salem Lake watershed within the jurisdiction
of Walkertown, Lake Brandt watershed, Kernersville Lake watershed, Oak Hollow/Randleman Lake
watershed, and the designated protected areas for water supply intakes on the Yadkin River and the Dan
River. These areas shall be defined and established on a map entitled, Watershed Protection Map of
Forsyth County, North Carolina, herein after referred to as the 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 and the Watershed Map shall be permanently kept on file in the
Office of the Planning Board of Forsyth County and Winston-Salem and the Office of the Forsyth County
Commissioners and Walkertown Town Hall.
3-1.4 AUTHORITY
(A) State Law .....This Ordinance is adopted as authorized by G.S. 143-214.5 and other applicable laws.
(B) Intent .....The intent of Forsyth County and the Town of Walkertown is to exercise its available power
as authorized in the law cited in 4-1.4(A).
3-1.5 APPLICABILITY AND COMPLIANCE
(A) Compliance with Provisions; Exemptions
(1) 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
Page 1

waters upply watershed unless certified to be in conformance with the provisions of this Ordinance
by the Director of Inspections, with the following exemptions:
(a) Agricultural Activities. Agricultural activities undertaken on agricultural land for the production
of plants and animals and which are conducted in accordance with best management
practices required by the North Carolina Environmental Management Commission and
administered by the Forsyth Soil and Water Conservation District;
(b) Forestry Activities. Forestry activities undertaken on forest land for the production and
harvesting of timber and timber products and which are conducted in accordance with Forest
Practice Guidelines Related to Water Quality (best management practices) as adopted by
the North Carolina Department of Environment and Natural Resources (DENR), except in
the Oak Hollow/Randleman Lake Watershed where compliance with Section C.3-7.3 is
required;
(c) 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 Ordinances as of the effective date
of this Ordinance;
(d) 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.
(2) In WS-IV Watersheds. .....In addition to the exemptions listed in Section C.3-1.5(A)(1),
development activities in WS-IV watersheds which do not require a submission of a plan under
the provisions of Section CA shall be exempted from the provisions of this Ordinance.
(B) 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.
3-1.6 SEVERABILITY
(A) Invalidation of Portions of Ordinance .....Should any section, sentence, clause, phrase, or word of this
Ordinance be held invalid by a court of final competent jurisdiction, 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.
(B) Invalidation of Application .....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 final
competent jurisdiction, shall not affect the application of such provision to any other property or
structure not specifically included in such invalidation.
3-1.7 CONFLICTING PROVISIONS
(A) Conflict Within Ordinance .....Where a conflict exists between any limitations or requirements within
this Ordinance, the more restrictive limitation or requirements shall prevail.
(B) Conflict With Other Ordinance or Law .....Where a conflict exists between the provisions of this
Ordinance and any other ordinance, law, or regulation, or where the provisions of this Ordinance
impose overlapping or contradictory regulations with respect to another ordinance, law, or regulation,
the most restrictive provision or the one which imposes the highest standards or requirements shall
prevail.
Page 2

(A) General .....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 this
Ordinance, have the meanings indicated. All words and phrases not defined in this Ordinance 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. The word use includes designed for use.
(B) List
BEST MANAGEMENT PRACTICES (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.
BUILDABLE AREA ENVELOPE. The area on a site or lot that can have built upon area. For
calculation of built upon area percentages, the entire area of the designated buildable area
envelope shall be considered built upon area.
BUILT -UPON AREA. Built -upon areas shall include that portion of a development project that is
covered by impervious or partially impervious cover including, but not limited to, buildings,
pavement, gravel roads or parking areas, recreation facilities (e.g. tennis courts.) (Note: Wooden
slatted decks and the water area of a swimming pool are considered pervious.)
COMPOSTING FACILITY. A facility in which only stumps, limbs, leaves, grass, and untreated
wood collected from land clearing or landscaping operations is deposited.
DEVELOPMENT. Any land disturbing activity which decreases the infiltration of precipitation into
the soil, including but not limited to, adding to or changing the amount of impervious or partially
impervious cover on a land area.
DIRECTOR OF PLANNING. The Director of the Planning Board of Forsyth County and the City
of Winston-Salem, or said Director's designee.
DIRECTOR OF INSPECTIONS. The Director of Inspections who is the officer principally
responsible for the enforcement of this Ordinance.
DWELLING UNIT. One or more rooms used as a place of residence for one family, in which there
is no area completely closed off for separate living quarters, and there is common access, kitchen
and bathroom facilities, and a single electrical meter.
ENGINEER. A person licensed to practice engineering in the State of North Carolina.
EROSION. The wearing away of land surface by the action of wind, water, gravity, or any
combination thereof.
EXPANSION. Any change or alteration to existing structures or other built -upon areas which
decreases the infiltration of precipitation into the soil, including but not limited to, adding to or
changing the amount of impervious or partially impervious cover on a land area.
EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum
have established a vested right by 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, so long as that
approval is complied with. Local governmental approvals shall include, but are not limited to:
preliminary subdivisions approval and conditional or special use permits; or
Page 3

(2) Having an outstanding valid building permit as authorized by the G.S. 153A-344.1; or,
(3) Having an approved site specific development plan as provided in Section B.1-5.2.
HAZARDOUS MATERIAL. Any substance listed as such in Superfund Amendments and
Reauthorization Act (SARA) Section 302, Extremely Hazardous Substances; Comprehensive
Environmental Responsibility and Cleanup Liability Act or, oil, gas or other flammable liquid in
excess of two thousand five hundred (2,500) gallons.
IMPERVIOUS COVER. Any material which significantly reduces or prevents natural absorption
of stormwater into the soil. Impervious covers include, but are not limited to, buildings or other
structures with roofs, sidewalks, driveways, parking lots, and any concrete, stone, brick, asphalt,
or gravel surface. For the purpose of this Ordinance, partially impervious cover shall be
considered impervious cover.
LAND DISTURBING ACTIVITY. Any use of the land by any person including residential,
industrial, educational, institutional, or commercial development, highway and road construction
and maintenance, that results in a change in the natural cover or topography that may cause or
contribute to sedimentation.
LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in accordance
with G.S. Ch. 130A Art. 9. For the purpose of this Ordinance the term Landfill includes Discharging
Landfill and does not include Composting Facility.
LANDFILL, DISCHARGING. A landfill which discharges treated leachate and which requires a
National Pollution Discharge Elimination System (NPDES) permit.
LEGACY. The adopted comprehensive plan for Winston-Salem and Forsyth County since 2001
(replaces the previously adopted comprehensive plan - Vision 2005). Legacy and its subsequent
amendments guide decisions concerning the physical, economic, and social development of
Forsyth County and its municipalities. Within Legacy, there is a Growth Management Plan and
Map which designate Growth Management Areas (GMA) within the County for City/Town Centers
(GMA 1), Urban Neighborhoods (GMA 2), Suburban Neighborhoods (GMA 3), Future Growth
Area (GMA 4), and Rural Area (GMA 5), plus special designations for concentrated mixed use
development called Metro Activity Centers (MAC). Adopted small area plans provide greater
detail and supplement Legacy concerning guidance for specific land uses and properties.
LOT. A parcel of land designated by number or other symbol as part of a legally approved and
recorded subdivision, or as described by metes and bounds in a legally approved and recorded
deed.
LOT, EXISTING (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 as of the effective date of this Ordinance, or a lot
described by metes and bounds, the description of which has been so recorded in the Office of
the Register of Deeds and, if required, approved by the Planning Board staff, as of the effective
date of this Ordinance.
LOT, NONCONFORMING (LOT OF RECORD). A lot described by plat or deed that was recorded
prior to the effective date of this Article (or its amendments) that does not meet the minimum lot
size or other development requirements of this Article.
NONRESIDENTIAL DEVELOPMENT. All development other than residential development,
agriculture and silviculture.
PLANNED RESIDENTIAL DEVELOPMENT. A residentially zoned area, planned and developed
as a unit, which is characterized by environmentally sensitive design through the use of flexible
development standards, as regulated in the Zoning Ordinance.
Page 4

PLANNING BOARD, WALKERTOWN. The appointed body whose purpose is to make
recommendations to the Elected Body regarding land use matters.
PLAT. A surveyed map or plan or a parcel of land which is to be, or has been subdivided.
PLAT, FINAL. 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
Ordinances, which is presented for local government approval and subsequent recordation with
the Register of Deeds.
PLAT, PRELIMINARY. A map indicating the proposed layout of the subdivision or site showing
lots, streets, water, sewer, storm drainage, and any other requirements of the Subdivision
Ordinances, which is presented for preliminary approval.
PROTECTED AREA. The area adjoining and upstream of a public water supply intake in a WS-
IV watershed in which protection measures are required by the State of North Carolina. The
boundaries of the protected area are generally defined as extending five (5) miles upstream and
draining to a water supply reservoir; or ten (10) miles upstream and draining to the intake located
directly in the stream or river. Protected areas for WS-IV classified watershed in Forsyth County
are defined and established on the Watershed Map.
REDEVELOPMENT. Any land disturbing activity which decreases the infiltration of precipitation
into the soil, including but not limited to, adding to or changing the amount of impervious or
partially impervious cover on a land area.
RESIDENTIAL, SINGLE FAMILY. A residential building which contains one dwelling unit and
which occupies its own zoning lot.
RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached single
family dwellings, apartment complexes, condominiums, townhouses, etc. and their associated
accessory uses and outbuildings such as garages, storage buildings, gazebos, etc.
SEDIMENT. Solid particulate matter, both mineral and organic, that has been or is being
transported by water, air, gravity, or ice from its site of origin.
SEDIMENTATION. Solid particulate matter, both mineral and organic, that has been or is being
transported off the site of the land disturbing activity or into a lake or natural watercourse.
STORM DRAINAGE FACILITY. The system of inlets, conduits, channels, ditches, and
appurtenances which serve to collect and convey stormwater through and from a given drainage
area.
STORMWATER RUNOFF. The direct runoff of water resulting from precipitation in any form.
STREAM BUFFER. A natural or vegetated area through which stormwater runoff flows in a diffuse
manner and which provides for infiltration of runoff and filtering of pollutants. The buffer is
measured landward from the top of the bank defining the edge of the channel of each side of
streams.
STREAM, PERENNIAL. 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.
STREET. A public right-of-way or private easement which affords traffic circulation and a means
of access to abutting property. The term street includes road, avenue, place, way, drive, lane,
boulevard, highway, and any facility principally designed for motor vehicle traffic, except an alley
or an easement solely for utilities or pedestrians.
Page 5

STRUCTURE. Anything constructed or erected which is above grade including a manufactured
home. For purposes of this Ordinance structure does not include landscape features, such as
ornamental pools, planting boxes, sculpture, birdbaths, open terraces, at -grade bridges and
walkways, at -grade slab patios, driveways, walls or fences, shelters for pets, playhouses, open
stairs, recreational equipment, flagpoles, underground fallout shelters, air-conditioning
compressors, pump houses, wells, mailboxes, privies, outdoor fireplaces, gate houses, burial
vaults, cemetery markers or monuments, bus shelters, or wharves.
SUBDIVIDER. Any person, form 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 a gift, sale, or building development (whether immediate or
future), including all divisions of land involving the dedication of a new street or a change in
existing streets. Included in this general definition are subdivisions exempt by State law or court
judgments, industrial or commercial subdivisions, minor subdivisions, and major subdivisions, as
defined in the Subdivision Ordinances.
SUBDIVISION, MAJOR. All divisions of a tract or parcel of land into two (2) or more lots, building
sites, or other divisions for the purpose of a gift, sale, or building development where new public
streets will be constructed.
SUBDIVISION, MINOR. All divisions of a tract or parcel of land into two (2) or more lots, building
sites, or other divisions for the purpose of a gift, sale or building development and which meets
one of the criteria of the minor subdivision section of the Subdivision Ordinances.
TRANSPORTATION PLAN. A map adopted by each municipality, Forsyth County, the
Transportation Advisory Committee, and the North Carolina Department of Transportation,
contained in Legacy as subsequently amended and showing the location of existing and proposed
freeways/expressways, major thoroughfares and minor thoroughfares. The Transportation Plan
map is on file in the office of the Planning Board.
UTILITIES. Facilities of any agency which, under public franchise or ownership, provide the
general public with electricity, gas, oil, water, sewage, electronic signals, or rail transportation.
The term utility shall not be construed to include the following: corporate or general offices;
storage or service buildings or yards; gas or oil processing, manufacturing or storage facilities;
transmission towers; or postal facilities.
VARIANCE. An action by the Watershed Review Board to relax or waive a water supply
watershed management requirement that is established by this Ordinance, given in conjunction
with permission to develop or use property.
VARIANCE, MAJOR. A variance from the minimum statewide watershed protection rules that
results in any one or more of the following:
(1) The relaxation, by a factor greater than ten percent (10%), of any management requirement under
the low density option;
(2) The relaxation by a factor greater than five percent (5%), of any buffer, density, or built upon area
requirement under the high density option;
(3) Any variation in the design, maintenance or operation requirements of a wet detention pond or
other approved stormwater management system.
VARIANCE, MINOR. A variance from the minimum statewide watershed protection rules that
results in a relaxation, by a factor of up to five percent (5%) of any butter, density or built -upon
area requirement under the high density option; or that results in a relaxation by a factor of up to
ten percent (10%), of any management requirement under the low density option.
Page 6

VESTED RIGHT. A right pursuant to G.S. 153A-344.1 to undertake and complete the
development and use of property under the terms and conditions of an approved site specific
development plan as provided in Section B.1-5.2.
WALKERTOWN PLANNING BOARD. See Planning Board.
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to or
proximity to or location 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.
WATER SUPPLY WATERSHED, PUBLIC. An area from which water drains to a point of
impoundment, where the water is then used principally as a source for a public water supply,
designated and classified by the North Carolina Environmental Management Commission.
3-1.9 Cumulative Requirements
The requirements of this Ordinance are cumulative.
3-1.10 Enforcement
The following procedures may be undertaken by the Director of Inspections to enforce provisions of
this Ordinance.
(A) Criminal Penalties .....Any person, firm, or corporation violating any provisions of this Ordinance shall
be guilty of a misdemeanor. Upon conviction thereof, such violator shall be subjected to a fine not to
exceed five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days, except that no
such violation shall be punishable until the expiration of ten (10) days after notice to such violator.
Each and every day beyond the initial ten (10) day notice period during which such violation continues
shall be deemed a separate offense.
(B) Civil Penalties
(1) Assessment of Civil Penalties ...... In addition to criminal penalties, any person, firm, or corporation
violating any provisions of this Ordinance shall be subject to a civil penalty of one hundred dollars
($100.00) to be recovered by jurisdiction in a civil action in the nature of a debt. No civil penalty
shall be assessed until the person alleged to be in violation has been notified of the violation by
the Director of Inspections. Failure to correct the violation within ten (10) days of the date of
service of the notice, or the end of the period of any extension, will result in the assessment of a
civil penalty or other enforcement action. For good cause determined by the Director of
Inspections, the correction period may be extended by him. Each day of continuing violation shall
constitute a separate violation.
(2) Referral to Attorneys . ..... If payment is not received within thirty (30) days after written demand
for payment is made, the Director of Inspections may refer the matter to the jurisdiction's attorney
who is authorized to institute a civil action in the name of Forsyth County in the appropriate
division of the General Court of Justice for recovery of the penalty.
(C) Injunctive or Other Relief .....Whenever the Director of Inspections has reasonable cause to believe
that any person is violating or threatening to violate this Ordinance, the Director of Inspections may
refer the matter to the jurisdiction's attorney who is authorized in addition to other remedies provided
by law to institute injunction, mandamus, abatement, or any other appropriate action or actions,
proceeding or proceedings to prevent, enjoin, abate, or remove such unlawful erection, construction,
reconstruction, alteration, maintenance, or use.
Page 7

3-1.11 CHANGES AND AMENDMENTS
(A) Amendments .....The Elected Body may, on its own motion or on petition, amend, supplement, change
or modify this Ordinance.
(B) Recommendation of the Planning Board .....No amendment shall be made until the proposal has been
submitted to the planning board of the jurisdiction for review and recommendations. If no
recommendation has been received from the planning board of the jurisdiction within forty-five (45)
days after submission of the proposal to the Planning Board, the Elected Body may proceed as though
a favorable report had been received.
3-1.12 EFFECTIVE DATE
The effective date of this Ordinance shall be January 1, 1994, and the same shall take and be in full
force and effect thereon and thereafter.
3-2 -ADMINISTRATION, PERMITS AND APPEALS
3-2.1 DIRECTOR OF INSPECTIONS AND DUTIES THEREOF
The Director of Inspections shall administer and enforce this Ordinance.
(A) Enforcement Authority .....The Director of Inspections is granted the authority to administer and enforce
the provisions of this Ordinance. The Director of Inspections, or his duly authorized representative,
may enter any building, structure, or premises, as provided by law, to perform any duty imposed upon
him by this Ordinance.
(B) Issue Permits .....The Director of Inspections shall issue watershed protection permits, watershed
protection occupancy permits, and stormwater quality management permits as prescribed herein. A
record of all permits shall be kept on file and shall be available for public inspection during regular
office hours of the Director of Inspections.
(C) Secretary to the Watershed Review Board .....The Director of Inspections shall serve as secretary to
the Watershed Review Board.
(D) Maintain Records of Amendments Related to the Provisions of this Ordinance .....The Planning Board
shall keep records of all amendments to this Ordinance and shall provide copies of all amendments
upon adoption to the Division of Water Quality of the North Carolina Department of Environmental and
Natural Resources (DENR).
(E) Maintain Records of Variances .....The Director of Inspections shall keep a record of variances to this
Ordinance. This record shall be submitted to the Division of Water Quality of the North Carolina
Department of Environment and Natural Resources (DENR) on or before January 1 of each year and
shall provide a description of each project receiving a variance and the reasons for granting the
variance.
3-2.2 PERMITS
(A) Watershed Protection Permits
(1) Permit Required ...... Except where a single family residence is 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 Director of
Inspections. No watershed protection permit shall be issued except in conformity with the
provisions of this Ordinance.
(2) Application for Permit ...... Watershed protection permit applications shall be filed with the Director
of Inspections. The application shall include a completed application form, supporting
Page 8

documentation deemed necessary by the Director of Inspections, and the application fee as
established by the Elected Body.
(3) Consultation on Permit Issuance ...... Prior to issuance of a watershed protection permit, the
Director of Inspections may consult with qualified personnel for assistance to determine if the
application meets the requirements of this Ordinance.
(4) Permit Expiration ...... A watershed protection permit shall expire if a building permit or watershed
occupancy permit for such use is not obtained by the applicant within twelve (12) months from
the date of issuance.
(B) 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.
(C) Watershed Protection Occupancy Permit
(1) 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 structure which has been erected, or part therefore which constitutes
an expansion, may be occupied until the Director of Inspections has approved and issued a
watershed protection occupancy permit.
(2) Permit Issuance . ..... The Director of Inspections shall issue a watershed protection occupancy
permit certifying that all requirements of this Ordinance have been met prior to the occupancy or
use of a building hereafter erected or expanded.
(3) Change of Use ...... When a change in use of land or existing building occurs, the Director of
Inspections shall issue a watershed protection occupancy permit certifying that all requirements
of this Ordinance have been met coincident with the watershed protection permit.
(4) Denial of Permit . ..... If the watershed protection occupancy permit is denied, the Director of
Inspections shall notify the applicant in writing stating the reasons for denial.
3-2.3 RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA BOUNDARIES
Where uncertainty exists or where a person disputes the boundaries of the watershed or any
watershed subareas, as shown on the Watershed Map, the following rules shall apply:
(A) Constructed Features .....Where area boundaries are indicated as following either street, alley, railroad
or highway lines or centerlines thereof, such lines shall be construed to be said boundaries. However,
a topographic survey prepared by a registered land surveyor or engineer may be submitted to the
Director of Inspections as evidence that one or more properties or portions of properties along these
boundaries do not lie within the watershed.
(B) Lot Lines .....Where are boundaries are indicated as following lot lines, such lot lines shall be construed
to be said boundaries. However, a topographic survey prepared by a registered land surveyor or
engineer may be submitted to the Director of Inspections as evidence that one or more properties
along these boundaries do not lie within the watershed area.
(C) Determination by the Director of Inspections .....Where other uncertainty exists, the Director of
Inspections shall interpret the Watershed Map as to location of such boundaries. This decision may
be appealed to the Watershed Review Board.
3-2.4 ADMINISTRATIVE RELIEF AND VARIANCES
The Zoning Board of Adjustment for the jurisdiction shall serve as the Watershed Review Board and
provide administrative review of and variances to this Ordinance.
(A) Administrative Review
Page 9

(1) Appeals . ..... The Watershed Review Board shall hear and decide appeals from any decision or
determination made by the Director of Inspections in the enforcement of this Ordinance.
(2) Appeal Procedure ...... An appeal from a decision of the Director of Inspections must be submitted
to the Watershed Review Board 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 Director of Inspections shall transmit to the Board
all papers constituting the record upon which the action appealed from was taken.
(3) Stays Based on Appeal ...... An appeal from the Director of Inspections stays all proceedings in
furtherance of the action appealed, unless the Director of Inspections certifies to the Board after
the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay
would in his opinion cause imminent peril to life or property or that because the violation charged
is transitory in nature a stay would seriously interfere with enforcement of this Ordinance. In such
case, proceedings shall not be stayed otherwise than by an order which may be granted by the
Board or by a court with jurisdiction as authorized by law.
(4) Hearing ...... The Board shall fix a reasonable time for hearing the appeal and give notice thereof
to the parties and shall decide the same within a reasonable time. At the hearing, any party may
appear and present evidence.
(B) Variances
(1) Minor and Major Variances ...... The Watershed Review Board shall have the power to authorize,
in specific cases, variances from the terms of this Ordinance, owing to special conditions, a literal
enforcement of this Ordinance will result in practical difficulties or unnecessary hardship. The
Watershed Review Board shall have the authority to grant minor variances. Major variances must
be approved by the Environmental Management Commission prior to being granted by the
Watershed Review Board.
(2) Applications ...... Applications for a variance shall be made on the proper form obtainable from the
Director of Inspections and shall include the following information:
(a) Site Plan. A site plan, drawn to a scale not smaller than one inch represents one hundred
(100) feet, indicating the property lines of the parcel upon which the use is proposed; any
existing or proposed structures; parking areas and other built -upon 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
later revisions.
(b) Variance Description. A complete and detailed description of the proposed variance,
together with any other pertinent information which the applicant feels would be helpful to
the Watershed Review Board in considering the application.
(c) Application Fee. An application fee as established by the Elected Body.
(3) Public Hearing and Notification.
(a) Hearing. Applications for variances may be approved by the Watershed Review Board after
the Watershed Review Board holds a duly advertised public hearing in each case. At the
hearing, any party may appear and present evidence.
(b) Advertisement. The Watershed Review Board shall advertise a public hearing not less than
ten (10) days in advance of such hearing, by a single insertion in a daily or weekly newspaper
of general circulation in Forsyth County.
(c) Posting of Notice. The applicant shall post on the property a notice of public hearing at least
fifteen (15) days prior to the date of the hearing before the Watershed Review Board. Such
notice shall be of sufficient size to contain, and shall contain, heavy black lettering not less
than three (3) inches high on a white background and shall be posted in a conspicuous place
on the premises. Where such posting is not clearly visible from the nearest public right-of-
way, a second directional sign which is clearly visible from the nearest public right-of-way
Page 10

shall be posted. A sign shall be provided by the Director of Inspections consistent with these
requirements. Such sign structure shall be removed by the applicant within thirty (30) days
after said public hearing.
(d) Notification of Other Local Governments and Entities Using the Water Supply for
Consumption. The Director of Inspections shall notify in writing each local government
having jurisdiction in the respective watershed and any entity using the water supply for
consumption. Such notice shall include a description of the variance being requested and
the scheduled hearing on the variance. Local governments having jurisdiction in the
respective watershed and entities using the water supply for consumption may appear at the
hearing and present evidence.
(4) Consideration of Variance Application.
(a) Difficulty or Hardship. Applications for a variance may be approved only upon a finding of
practical difficulty or unnecessary hardship in meeting the requirements of this Ordinance,
which difficulties arise from the recorded platting or deeding of land prior to the adoption of
this Ordinance, or from any act of a public agency, or from natural conditions beyond the
control of the property owner.
(b) Findings. The Watershed Review Board shall approve of a variance only where the
Watershed Review Board makes an affirmative finding as follows:
(i) That the approval of the variance will not materially endanger the public health or safety
if located where proposed and developed according to the application and plan as
submitted and approved;
(i i) That the use of the property otherwise meets all required conditions and specifications,
(iii) That the approval of the variance will not substantially injure the value of adjoining or
abutting property, or that the use is a public necessity; and,
(iv) That the location and character of the use, if developed according to the variance, will
otherwise be in harmony with the area in which it is to be located and in general
conformity with Legacy and other comprehensive plan of the jurisdiction where
applicable.
(c) Review of Applications and Conditions. Any such variance shall observe the spirit and
purpose of this Ordinance and shall be granted only with reference to conditions and
circumstances peculiar to the property involved. In passing upon such requests the
Watershed Review Board may specify additional reasonable and appropriate conditions and
safeguards to protect the public health and safety, the value of neighboring properties and
the health and safety of neighboring residents.
(d) Denial of Application. If the Watershed Review Board denies the application for a variance,
it shall enter the reasons for denial in the minutes of the meeting at which the action was
taken.
(5) Approval of Major Variances by Environmental Management Commission.
(a) Record of the Hearing. If the application calls for the granting of a major variance, and if the
Watershed Review Board decides in favor of granting the variance, the Board shall prepare
a record of the hearing for transmission to the Environmental Management Commission. The
record of the hearing shall include the variance application, evidence presented, the factual
basis for granting the variance, and all conditions proposed to be added to the permit.
(b) Environmental Management Commission Review. The record shall be sent to the
Environmental Management Commission for its review as follows:
(i) If the Commission concludes from the preliminary record that the variance qualifies as
a major variance and that the property owner can secure no reasonable return from,
nor make any practical use of the property unless the proposed variance is granted,
and the variance, if granted, will not result in a serious threat to the water supply, then
Page 11

the Commission shall approve the variance as proposed or approve the proposed
variance with conditions and stipulations. The Commission shall prepare a Commission
decision and send it to the Watershed Review Board. If the Commission approves the
variance as proposed, the Board shall prepare a final decision granting the proposed
variance. If the Commission approves the variance with conditions and stipulations, the
Board shall prepare a final decision, including such conditions and stipulations, granting
the proposed variance.
(ii) If the Commission concludes from the preliminary record that the variance qualifies as
a major variance and that the property owner can secure a reasonable return from or
make a practical use of the property without the variance or the variance, if granted, will
result in a serious threat to the water supply, then the Commission shall deny approval
of the variance as proposed. The Commission shall prepare a Commission decision
and send it to the Watershed Review Board. The Board shall prepare a final decision
denying the variance as proposed.
(6) Variance Considered Watershed Protection Permit ...... A variance issued in accordance with this
section shall be considered a watershed protection permit and shall expire if a building permit for
such use is not obtained by the applicant within twelve (12) months from the date of the decision.
(7) Reconsideration. .....The Watershed Review Board shall refuse to hear an appeal or an
application for a variance previously denied if it finds that there have been no substantial changes
in conditions or circumstances bearing on the appeal or application.
3-2.5 APPEALS FROM THE WATERSHED REVIEW BOARD
Every decision of the Watershed Review Board shall be subject to review by the Superior Court of
Forsyth County by proceedings in the nature of certiorari. Any petition for review by the Superior Court shall
be filed with the Clerk of Superior Court within thirty (30) days after the decision of the board is made.
3-3 - WATERSHED CLASSIFICATIONS AND SUBAREAS ESTABLISHED
The following watershed classifications and subareas are established for designated Public Water
Supply Watersheds in Forsyth County. The boundaries of each subarea are shown on the Watershed Map.
3-3.1 WATERSHED CLASSIFICATIONS
The following watershed classifications are established for designated water supply watersheds and
protected areas in Forsyth County:
(A) WS-III Watersheds .....The Abbotts Creek Watershed, Lake Brandt Watershed and the Salem Lake
Watershed.
(B) WS-IV Watersheds .....The Oak Hollow Lake Watershed, the Kernersville Lake Watershed, and the
designated protected areas for water supply intakes on the Yadkin River and the Dan River.
3-3.2 WATERSHED SUBAREAS
The following subareas are established for designated watershed area. The boundaries of each
subarea are shown on the Watershed Map:
(A) Reservoir Protection Area .....Land within approximately one-half mile of either the normal pool
elevation of water supply reservoirs of the Salem Lake and Kernersville Lake watershed or the water
supply intakes on the Yadkin River as indicated on the Watershed Map.
(B) Balance of the Watershed .....All land area in the designated watershed or protected area outside the
Reservoir Protection Area.
3-4 - PROHIBITED AND RESTRICTED USES AND ACTIVITIES
Page 12

3-4.1 PROHIBITED USES
(A) Reservoir Protection Area of WS-III and WS-IV Watersheds .....In the Reservoir Protection Areas of
WS-III and WS-IV watersheds, new landfills and new sites for land application of sludge residuals or
petroleum contaminated soils shall be prohibited.
(B) Balance of the Watershed of WS-III Watersheds .....In the Balance of the Watershed in WS-III
watersheds, new discharging landfills shall be prohibited.
3-4.2 SPILL CONTAINMENT STRUCTURES REQUIRED
New nonresidential development must incorporate adequately designed, constructed, and maintained
spill containment structures for the hazardous materials used, stored, or manufactured on the premises.
Adequately designed, constructed, and maintained shall mean that measures are taken to contain any and
all spilled materials to ensure no adverse environmental impacts occur. Certification from a registered
professional engineer that adequate spill containment structures are in place is required prior to the
issuance of a watershed protection occupancy permit.
3-5 - DEVELOPMENT STANDARDS
3-5.1 GENERAL PROVISIONS
(A) Planning Board Review .....When approving subdivision plats or site plans as required under the
provisions of the Zoning Ordinance or the Subdivision Ordinances in designated watersheds, the
Planning Board shall find that the following provisions have been met:
(1) Areas with impervious surface cover are designed and sited to minimize stormwater runoff and
limit concentrated stormwater flow; and,
(2) Land disturbance is minimized, existing vegetated areas are retained to the maximum degree
possible, and all undeveloped areas of the site will be revegetated to promote stormwater
infiltration.
(B) General Requirements Under the Built -Upon Area Approach .....If the built upon area approach is
utilized for residential development, the site plan and/or subdivision plat shall include the following: the
location and square footage of the built upon of proposed roads and other common areas; and, the
buildable area envelope and maximum square footage of buildable area for each lot. The areas and
square footages may be changed by amendment of the site plan or plats.
3-5.2 DEVELOPMENT STANDARDS
Unless specifically exempted in Section C.3-1.5(A), all subdivisions of land and development in
designated watersheds shall meet the provisions below.
(A) General Provisions for Residential Development
(1) Minor Subdivisions. .....Except in minor subdivisions with summary approval, lots in minor
subdivisions must meet the minimum lot size requirements for the respective watershed subarea
as required below.
(2) Minor Subdivisions with Summary Approval, Major Subdivisions, Planned Residential
Developments, and Multifamily Developments. .....New residential development in minor
subdivisions with summary approval, major subdivisions, planned residential developments, and
multifamily developments must meet the minimum lot size, the maximum average density, or the
maximum built -upon area requirements of the respective watershed subarea as required below.
(B) Requirements for WS-III Watersheds
(1) Reservoir Protection Area ...... The following provisions apply in the Reservoir Protection Area of
WS-III watersheds:
Page 13

(a) Residential Development Requirements.
(i) Minimum Lot Size. The minimum lots ize shall beat least forty thousand (40,000) square
feet per residential dwelling unit; or,
(ii) Maximum Average Density. The average density shall not exceed one unit per forty
thousand (40,000) square feet; or,
(iii) Maximum Built -Upon Area. The built -upon area shall not exceed twelve percent (12%)
of the site.
(b) Nonresidential Development Requirements. The built -upon area of nonresidential
development shall not exceed twelve percent (12%) of the site.
(2) Balance of the Watershed ...... The following provisions apply in the Balance of the Watershed in
WS-III watersheds:
(a) Residential Development Requirements.
(i) Minimum Lot Size. The minimum lot size shall be at least twenty thousand (20,000)
square feet per residential dwelling unit; or,
(ii) Maximum Average Density. The average density shall not exceed two (2) units per forty
thousand (40,000) square feet; or,
(iii) Maximum Built -Upon Area. The built -upon area shall not exceed twenty-four percent
(24%) of the site.
(b) Nonresidential Development Requirements. The built -upon area of nonresidential
development shall not exceed twenty-four percent (24%) of the site.
(c) Special Intense Development Allocation. In Forsyth County's and the Town of Walkertown's
zoning jurisdiction, non -single family residential uses may seek a Special Intense
Development Allocation (SIDA) in accordance with the provision of Section C.3-5.2(D).
(C) Requirements for WS-IV Watersheds
(1) Reservoir Protection Area ...... The following provisions apply in the Reservoir Protection Area of
WS-IV watersheds:
(a) Residential Development Requirements.
(i) Minimum Lot Size. The minimum lot size shall be at least twenty thousand (20,000)
square feet per residential dwelling unit; or,
(ii) Maximum Average Density. The average density shall not exceed two (2) units per forty
thousand (40,000) square feet; or,
(iii) Maximum Built -Upon Area. The built -upon area shall not exceed twenty-four percent
(24%) of the site.
(b) Nonresidential Development Requirements. The built -upon area of nonresidential
development shall not exceed twenty-four percent (24%) of the site.
(2) Balance of the Watershed ...... The following provisions apply in the Balance of the Watershed in
WS-IV watersheds:
(a) For Projects Without a Curb and Gutter Street System. For subdivisions and development
without a curb and gutter street system, the following provisions shall apply:
(i) Residential Development Requirements.
[A] Minimum Lot Size. The minimum lot size shall be at least thirteen thousand five
hundred (13,500) square feet per residential dwelling unit; or,
[B] Maximum Average Density. The average density shall not exceed three (3) units
per forty thousand (40,000) square feet; or,
Page 14

[C] Maximum Built -Upon Area. The built -upon area shall not exceed thirty-six percent
(36%) of the site.
(ii) Nonresidential Development. The built -upon area of nonresidential development shall
not exceed thirty-six percent (36%) of the site.
(b) For Projects With a Curb and Gutter Street System. For subdivisions and development with
a curb and gutter street system, the following provisions shall apply:
(i) Residential Development Requirements.
[A] Minimum Lot Size. The minimum lot size shall beat least twenty thousand (20,000)
square feet per residential dwelling unit; or,
[B] Maximum Average Density. The average density shall not exceed two (2) units per
forty thousand (40,000) square feet; or,
[C] Maximum Built -Upon Area. The built -upon area shall not exceed twenty-four
percent (24%) of the site.
(ii) Nonresidential Development. The built -upon area of nonresidential development shall
not exceed twenty-four percent (24%) of the site.
(c) Special Intense Development Allocation. In Forsyth County's and the Town of Walkertown's
zoning jurisdiction, non -single residential family uses may seek a Special Intense
Development Allocation (SIDA) in accordance with the provisions of Section C.3-5.2(D).
(D) Forsyth County and the Town of Walkertown Special Intense Development Allocation
(1) General Provisions.
(a) Special Intense Development Allocation Established. This section establishes a Special
Intense Development Allocation (SIDA) to permit development of up to seventy percent
(70%) built upon area on a project by project basis in the designated WS-III and WS-IV
watershed areas regulated by this Article in Forsyth County's and the Town of Walkertown's
zoning jurisdiction.
(b) Established Pursuant to NC Water Supply Protection Rules. This provisions are established
pursuant to the North Carolina Water Supply Watershed Protection Rules which permit up
to ten percent (10%) of the land area in each jurisdiction's portion of the designated
watershed area outside the'Y2 (one-half) mile critical area delineated as of July 1, 1995 to be
developed with seventh percent (70%) built upon surface area. This section provides for
allocation of five percent (5%) of the land area in each jurisdiction's land area, with the
remaining five percent (5%) to be held in reserve for future allocation by the Forsyth County
Board of Commissioners or the Town of Walkertown.
(c) Available Acreage. Based on the land area in the designated watershed area in Forsyth
County delineated as of July 1, 1995, the following acreage is designated to be allocated
under this SIDA provision to be transferred to other local governments having jurisdiction in
the watershed: Abbotts Creek, five hundred twenty (520) acres; Lake Brandt, eight (8) acres;
Dan River/Madison Intake, one hundred ten (110) acres; Kernersville Lake, twenty-five (25)
acres; Deep River/Oak Hollow Lake, one hundred fifteen (115) acres; Yadkin River/King
Intake, one hundred seventy (170) acres; Yadkin River, Winston-Salem #2 Intake, four
hundred fifty (450) acres; Yadkin River/Davie County Intake, seven hundred ten (710) acres;
Yadkin River/Idols Dam Intake, six hundred eighty-five (685) acres; and Yadkin
River/Davidson County Intake, ninety-five (95) acres. The Town of Walkertown has eighty-
five (85) available acres.
(d) Allocation and Averaging. The Forsyth County Board of Commissioners or the Town of
Walkertown may grant a SIDA of up to seventy percent (70%) built upon area on all or part
of the land area of a project. With approval from the Forsyth County Board of Commissioners
or the Town of Walkertown, the SIDA may be averaged throughout the project.
Page 15

(e) Transfer of Acreage to Other Local Governments. The Forsyth County Board of
Commissioners or the Town of Walkertown may transfer any portion of the available acreage
to another local government having jurisdiction in the respective watershed area for projects
that meet a countrywide need or that provide a significant economic benefit to the County.
The acreage shall be transferred by adoption of a join resolution of the Forsyth County Board
of Commissioners or the Town of Walkertown and the elected body of the receiving
jurisdiction. The join resolution shall be submitted to the Environmental Management
Commission for review.
(2) Application and Submittal Requirements.
(a) Application and Site Plan. Applications for a SIDA shall be submitted to the Planning Board
and shall include a site plan in conformance with the Form 1 Submittal Requirements of
Section B.7. In addition to other side plan requirements, the following information shall be
provided by the applicant: project timetable; anticipated addition to the property tax base;
and, anticipated number of jobs created or retained. Planning staff may request additional
information from the applicant in order to assess whether the application meets the approval
criteria listed at Section C.3-5.2(D)(3). The application shall also include a fee for site plan
review as established by the Elected Body.
(b) Stormwater Controls Required. Stormwater controls shall be required for developments
granted a SIDA as follows:
(i) For all Projects in WS-III Watersheds. Developments granted a SIDA in WS-III
watersheds must utilize stormwater controls based on the Stormwater Quality
Management Permit requirements of Section C.3-6 of the Salem Lake Watershed
Ordinance in the Forsyth County/Winston-Salem Unified Development Ordinance. The
required site plan shall include the proposed location of the stormwater control
structures.
(ii) For Major Projects in WS-IV Watersheds. Developments granted a SIDA in WS-IV
watersheds with existing and proposed built upon area which exceeds two hundred
thousand (200,000) square feet must utilize stormwater controls which meet the
Stormwater Quality Management Permit requirements of Section C.3-6 of the Salem
Lake Watershed Ordinance in the Forsyth County/Winston-Salem Unified Development
Ordinance, except that alternative stormwater control management systems as
provided in the Forsyth County/Winston-Salem Unified Development Ordinance
Section C.3-6.2(B)(2) are not subject to approval by the North Carolina Department of
Environment and Natural Resources (DENR). The required site plan shall include the
proposed location of the stormwater control structures.
(iii) Site Design Requirements. As required by the State of North Carolina under the Water
Supply Protection Rules, each project granted a SIDA must to the maximum extent
practicable minimize built -upon surface area, direct stormwater runoff from surface
waters and incorporate best management practices to minimize water quality impacts.
The Forsyth County Board of Commissioners or the Town of Walkertown may impose
site plan conditions in order to meet these requirements.
(iv) Staff Review. Planning staff will review the application and prepare a report with
recommendations for the Planning Board and Forsyth County Board of Commissioners
or the Town of Walkertown.
(v) Planning Board Review. Prior to consideration by the Forsyth County Board of
Commissioners or the Town of Walkertown, the application will be reviewed by the
Planning Board which shall consider its merit and make a recommendation to the
Forsyth County Board of Commissioners or the Town of Walkertown.
(3) Criteria for Approval . ..... The Forsyth County Board of Commissioners or the Town of Walkertown
shall approve the application for a SIDA based upon the project meeting all the following criteria:
(a) The proposed project is in conformance with the adopted Legacy.
Page 16

(b) The proposed project land use and site design are compatible with the general character of
the area and surrounding land uses.
(c) The proposed project provides a significant economic benefit to the community by creating
or retaining jobs, increasing the property tax base, or assisting an existing industry to grow
and remain in Forsyth County; or the project meets an identified community need such as
the provision of community facilities, retail business or personal services, or affordable
housing.
(d) The proposed project does not pose a threat to the environment, especially water quality,
and appropriate measures will be taken to minimize any potential negative environmental
impacts.
(e) The proposed project has good transportation access, including proximity to major roads
and/or rail lines.
(4) Other Provisions
(a) Permits Following Approval of SIDA. If a SIDA request is approved by the Forsyth County
Board of Commissioners or the Town of Walkertown, the Watershed Administrator may grant
watershed permits subject to the approved site plan and other requirements of this Article
and the Unified Development Ordinances. All necessary permits must be obtained prior to
the issuance of occupancy permits.
(b) Resubmittal of Request. If a request is denied by the Forsyth County Board of
Commissioners or the Town of Walkertown, the applicant may resubmit the SIDA request
for the same project no earlier than two (2) years following the date of original submission of
the first application.
(c) Expiration of Allocation. The SIDA shall expire if watershed occupancy permits are not
obtained for the project within three (3) years of approval of the SIDA by the Forsyth County
Board of Commissioners or the Town of Walkertown. If occupancy permits are issued for a
portion of the project within the three (3) year period, the SIDA will be extended for one
additional three (3) year period. Applicants may resubmit requests for expired allocations.
(d) Maintenance of Records. The Planning Board staff shall keep a record of all allocations
under the SIDA provisions. The Watershed Administrator shall keep a record of all permits
issued.
3-6 - RESERVED
3-7 - STREAM BUFFERS AND RIPARIAN AREAS
3-7.1 PURPOSE
The purpose of this Article is to establish vegetated areas along watercourses in water supply
watersheds designated in Section C.3-1.3 in order to protect water quality by trapping and filtering pollutants
before they reach the watercourse. A further purpose of this Article is to meet or exceed the minimum
stream buffer and riparian area requirements of the minimum watershed regulations established by the
North Carolina Environmental Management Commission pursuant to G.S. 143-214.5.
3-7.2 STREAM BUFFERS
(A) Applicability
(1) Requirement. .....Stream buffers shall be required in all public water supply watersheds
designated in Section C.3-1.3 along perennial streams as shown as a solid blue line on the most
recent version of the USGS 7.5 minute (1:24,000 scale) topographic maps.
Page 17

(2) Exemptions . ..... A property owner, subdivider or developer may submit evidence to the Director
of Inspections that a perennial stream has been incorrectly mapped. Certification by a registered
professional engineer may also be submitted certifying that a stream does not have a perennial
base flow.
(3) Indicated on Site Plans and Plats ...... Required stream buffers shall be indicated on all site plans
and subdivision plats approved within public water supply watersheds.
(B) Standards
(1) Measurement ...... Buffers measured landward from the top of the bank defining the edge of the
stream channel are required on each side of a perennial stream and from the normal pool
elevation of other watercourses.
(2) Width. .....A minimum thirty (30) foot buffer is required except under the Special Intense
Development Allocation (SIDA) provisions of Sections C.3-5.2(C)(2)(c) and C.3-5.2(D). A
minimum one hundred (100) foot buffer is required for development under the SIDA provisions.
(3) Development in the Stream Buffer...... No development is permitted in the buffer except for the
following permitted activities where there is no practicable alternative to their location in the
stream buffer. These permitted activities shall minimize built -upon area, direct stormwater runoff
away from surface waters, and maximize the utilization of stormwater best management
practices.
(a) Water dependent structures;
(b) Utilities;
(c) Transportation facilities, such as bridges and roads; and
(d) Passive recreation uses, such as greenways and open spaces.
(4) Streambank Stabilization ...... Desirable artificial streambank or shoreline stabilization is permitted
in the stream buffer.
3-7.3 RIPARIAN AREAS
(A) General Provisions
(1) Applicability ...... The riparian area protection provisions of this section shall apply in the Oak
Hollow/Randleman Lake Watershed, a sub -basin of the Randleman Lake Watershed which has
been designated as a Critical Water Supply Watershed by the North Carolina Environmental
Management Commission.
(2) Conflict with Other Regulations ...... The riparian area provisions of this s are in addition to the
stream buffer requirements of Section C.3-7.2. 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, floodplains, forest harvesting, surface mining,
land disturbance activities, or other environmental protection areas, the more protective shall
apply.
(3) Riparian Areas Established ...... A minimum fifty (50) foot riparian area for all new development
activities is required on all sides of surface waters, such as intermittent streams, perennial
streams, lakes, and ponds, as indicated on the most recent versions of either the USGS 1:24,000
scale (7.5 minute) topographic maps or the Soil Survey maps developed by USDA -Natural
Resource Conservation Service, or other site -specific evidence that indicates the presence of
waters not shown on either of these two (2) maps.
(4) General Requirements ...... Maintenance of the riparian areas shall be such that, to the maximum
extent possible, sheet flow of surface water is achieved. Required riparian protection areas shall
be shown on all new or modified site plans and subdivision plats approved within the Oak
Page 18

Hollow/Randleman Lake Watershed. No building permits shall be issued and no new
development shall take place in violation of this Ordinance.
(5) Exemptions. .....The following waterbodies and land uses are exempt from the riparian area
protection requirements:
(a) Existing 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 USGS 1:24,000 scale (7.5 minute quadrangle) topographic maps or
soil survey maps where no perennial waterbody, intermittent waterbody, 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 2B .0202, provided 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;
(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 the
conditions of Section C.3-7.3(A)(5)(e) are met.
(ii) Stormwater 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 C.3-7.3(A)(5)(e) are met and they are located at
least thirty (30) feet from the top of bank or mean high water line. Additional
requirements for utility construction and maintenance corridors are listed in Section C.3-
7.3(A)(5)(f).
(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 C.3-7.3(A)(5)(e), 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 ten (10) feet in width except at manhole locations. A ten (10) feet by ten (10) feet
perpendicular vehicle turnaround shall be allowed provided they are spaced at least five
hundred (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 thirty (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
Page 19

steam 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 U .0201-.0209).
(B) Riparian Area Standards
(1) Zones Established ...... The protected riparian area shall have two (2) zones as follows:
(a) Zone 1. 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 thirty (30) feet on all sides of the
waterbody, measured horizontally on a line perpendicular to the waterbody. For all other
waterbodies, Zone 1 begins at the top of bank or mean high water line and extends
landward a distance of thirty (30) feet, measured horizontally on a line perpendicular to
the waterbody.
(ii) Allowed Activities. 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 plantings shall primarily
consist of locally native trees and shrubs;
[B] Horticulture or silvicultural practices to maintain the health of individual trees;
[C] Removal of individual trees which are in danger of causing damage to dwellings,
other structures or the stream channel;
[D] 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
[E] Ongoing agricultural operations provided that existing forest vegetation is
protected.
(iii) Prohibited Activities. The following practices are not allowed in Zone 1:
[A] Land disturbing activities and placement of fill and other materials, other than those
allowed in Sections C.3-7.3(A)(5) and Section C.3-7.3(B)(1)(ii);
[B] New development, except as provided in Sections C.3-7.3(A)(5)(d) and (e).
[C] New on -site sanitary sewage systems which use ground adsorption;
[D] The application of fertilizer; and
[E] Any activity that threatens the health and function of the vegetation including, but
not limited to, application of chemicals in amount exceeding the manufacturer's
recommended rate, uncontrolled sediment sources on adjacent lands, and the
creation of any areas with bare soil.
(b) Zone 2. 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 twenty (20) feet as measured horizontally on a line perpendicular to the
waterbody. The combined minimum width of Zones 1 and 2 shall be fifty (50) feet on all
sides of the waterbody.
(i i) Allowed Activities. The following practices and activities are allowed in Zone 2 in
addition to those allowed in Zone 1:
Page 20

[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) Prohibited Activities. The following practices and activities are not allowed in Zone 2:
[A] New development, except as provided in Sections C.3-7.3(A)(5)(e) and (f).
[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.
(2) Timber Removal ...... Timber removal and skidding of trees shall be directed away from the water
course or waterbody. Skidding shall be done in a manner to prevent the creation of ephemeral
channels perpendicular to the water body. Any tree removal must be performed in a manner that
does not compromise the intended purpose of the riparian area and is in accordance with the
Forest Practices Guidelines Related to Water Quality (15A NCAC 1J .0201-.0209).
(3) Maintenance of Sheet Flow. .....Maintenance of sheet flow in Zones 1 and 2 is required in
accordance with the following:
(a) 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.
(b) 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 C.3-7.3(A)(5)(a), 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.
(c) 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.
(4) Maintenance of Stream Channels ...... 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 grassed travelway is allowed on one side of the waterbody
when alternative forms of maintenance access are not practical. The width and specifications of
the travelway shall be only that needed for equipment access and operation. The travelway shall
be located to maximize stream shading.
3-8 - WATER QUALITY AND SUPPLY
3-8.1 IN GENERAL
No activity, situation, structure or land use shall be allowed within the watershed which poses a threat
to water quality. Such conditions may arise from inadequate on -site sewage systems which utilize ground
absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of
junk, trash or other refuse within a buffer area; the absence or improper implementation of a spill
containment plan for hazardous materials; the improper management of stormwater runoff; or any other
situation found to pose a threat to water quality.
Page 21

3-8.2 ABATEMENT
(A) Identification of Situations .....The Director of Inspections shall monitor land use activities within the
watershed areas to identify situations that may pose a threat to water quality.
(B) Report Concerning Situations .....The Director of Inspections shall report all findings to the Director of
Planning of the planning boards of the applicable jurisdictions. The Director of Planning may consult
with any public agency or official and request recommendations. The Director of Planning shall prepare
a report and make recommendations to the planning boards of the applicable jurisdictions.
(C) Planning Board and Elected Body Action .....Where the planning board of the jurisdiction finds a threat
to water quality, the planning board of the jurisdiction shall make recommendations to the elected body
who may institute any appropriate action or proceeding to restrain, correct or abate the condition and/or
violation.
Page 22