25_Ordinance 30-12-3 Water Supply Watershed and Other Watershed Districts

30-12-3 Water Supply Watershed and Other Watershed Districts
30-12-3.1 District Descripons
Two overlay districts cover designated water supply watersheds. They are the Watershed Crical Area (WCA) and the
General Watershed Area (GWA). The WCA covers the area adjacent to a water supply intake or reservoir where risk
associated with polluon is greater than from the remaining porons of the watershed. WCA outer boundaries are at
least one-half mile from the normal pool elevaon of an exisng or proposed designated reservoir. The GWA covers the
rest of the watershed draining to the reservoir or intake. The remaining areas within the city’s jurisdicon are hereby
referred to as Other Watershed Districts.
(Amended by Ord. 10-161 on 12/1/10)
30-12-3.2 Purpose and Intent
A. General Intent The watershed protecon regulaons, adopted and prescribed in this ordinance, to protect the public health are
found by the City Council to be necessary and appropriate to:
1. Protect stream buffers, water supply watersheds and other watersheds from acvies that could degrade water
quality in the reservoirs and streams;
2. Reduce the volume of nutrients and other chemicals that could enter streams and the water supply by reducing
the amount of runoff that any given development will generate;
3. Minimize land disturbance to reduce the amount of sediment washing into streams and lakes and to enhance the
infiltraon of runoff into soils, thus alleviang the sedimentaon of water supply lakes that reduces their storage
capacity, shortens their useful life, and makes them less able to withstand drought;
4. Reduce the probability of the release of harmful chemicals into streams and water supply reservoirs, either
through natural catastrophe or human error;
5. Provide for natural and engineered methods for managing the stormwater that flushes contaminants off of built-
upon areas in the water supply watersheds and other watersheds that may reach water supply reservoirs and
streams unless controlled.
6. To require that new development maintain the pre-development hydrologic response in its post-development state
as nearly as praccable for the applicable design storm to reduce flooding, streambank erosion, nonpoint and
point source polluon and increases in stream temperature, and to maintain the integrity of stream channels and
aquac habitats; and
7. To establish provisions for the long-term responsibility for and maintenance of structural and nonstructural
stormwater Best Management Pracces (BMPs) to ensure that they connue to funcon as designed, are
maintained appropriately, and pose no threat to public safety.
B. -WCA- Watershed Crical Area The -WCA, Watershed Crical Area overlay district establishes regulaons for protecng the poron of a water supply
watershed adjacent to a water supply intake or reservoir.
C. -GWA- General Watershed Area The -GWA, General Watershed Area overlay district establishes regulaons for protecng the poron of a water supply
watershed outside the -WCA.
(Amended by Ord. 10-161 on 12/1/10)
30-12-3.3 Incorporaon of Designated Watershed Map(s)
This secon incorporates by reference the Greensboro Designated Watershed Map, dated June 1, 2009, showing
Watershed Crical Areas and General Watershed Areas of the following: Greensboro (Reedy Fork Creek), Upper
Randleman Lake (East and West Forks of Deep River, which drain to High Point City Lake and Oak Hollow Lake), Lower
Randleman Lake (Deep River), Lake Mackintosh (Big Alamance Creek), and Polecat Creek watersheds. The map also
depicts boundaries of the Other Watershed Districts.
(Amended by Ord. 10-161 on 12/1/10)
30-12-3.4 Applicability
A. Coverage
1. This secon (30-12-3) applies to all sites containing new development in the city ’s jurisdicon , including grading,
paving, gravel placement, and construcon of buildings and other structures, except for the exempt acvies listed
in 30-12-3.4(B). 30-12-4 and 30-12-5 impose addional requirements specific to the overlay district. 30-12-3.9
applies to all acvies in the city's jurisdicon.
2. The construcon of new streets, the widening of exisng streets and the installaon of sidewalks shall comply with
the provisions of this Arcle to the extent praccable. When it is determined by the Water Resources Director that
the provisions of these secons cannot be met, the construcon of new streets, the widening of exisng streets
and the installaon of sidewalks shall comply with all applicable state and federal rules and regulaons.
B. Exempt Acvies The following acvies are exempt from the plan submission and approval requirements of this secon. However, any
restricons upon building locaon, drainageways, pavement, or other built-upon area, or any other maer appearing
on any previously approved watershed development (watershed control) or stormwater management plan covering
the subject property, shall be complied with unless and unl replaced by an approved revised plan.
1. Construcon of a single-family dwelling and its accessory structures on a lot of record created outside WCA Tiers 1
and 2 prior to July 1, 1993.
2. Replacement of exisng built-upon area with a like or lesser amount of new built-upon area outside any required
stream buffer on the same lot, provided that the Water Resources Director has determined that equal or improved
stormwater management will result.
3. Except as provided in subsecon (1) above, placement of small accessory buildings or structures or small amounts
of other built-upon area provided that the total addional built-upon area is no greater than 400 square feet and
the addional built-upon area is not placed within a required stream buffer. This exempon shall apply to a lot for
one me only aer June 30, 1993.
4. Exisng development unl such me as new development is iniated on the site.
5. Acvies exempt from permit requirements of Secon 404 of the federal Clean Water Act, as specified in 40 CFR
232 are exempt from watershed regulaons of this secon. Stream buffer regulaons for ongoing farming and
forestry acvies will be implemented and enforced by the Division of Water Quality).
C. Modificaons The provisions of this secon (30-12-3) are eligible for Modificaon in accordance with 30-4-11. The evaluaon of
requests for modificaons of watershed regulaons involves both technical evaluaons (normally conducted by the
Enforcement Officer and the Technical Review Commiee) and evaluaons made in light of both water supply
watershed protecon policies and fundamental fairness (normally conducted by the Planning and Zoning Commission
and City Council). The approval procedure shall be as follows:
1. Watershed Modificaon that is Minor in Nature Modificaon of the watershed regulaons of 30-12-3, 30-12-4 or 30-12-5 that meets one of the following criteria:
(A) Modificaon of any standard of Arcle 12 but not in the EMC Rules; (B) Modificaon of any standard on which
the level of performance required by Arcle 12 exceeds that required by the corresponding secon of the EMC
Rules, provided that approval of the modificaon does not lower the level of performance below that required by
the EMC Rules; or (C) Acvies that will impact only Zone 2 of the stream buffer; or (D) Modificaon from the EMC
Rules that results in a relaxaon, by a factor of up to 5%, of density, or built-upon area requirement under the high-
density opon; or that results in a relaxaon, by a factor of up to 10%, of any management requirement under the
low-density opon, shall be considered minor in nature.
a. For properes located within General Watershed Areas (GWA) and Watershed Crical Areas (WCA), the
Technical Review Commiee may grant a Type 2 modificaon to allow the treatment of untreated off-site
runoff in exchange for not treang up to 5% of built-upon area but not to exceed 24,000 square feet of on-site
runoff that is considered difficult to control in accordance with 30-4-11. This percentage is based on total on-
site BUA vs. BUA not treated by a BMP.
b. For properes located within General Watershed Areas (GWA) and Other Watershed Districts, the Zoning
Commission may grant a Type 3 Modificaon to the Standards of watershed regulaons in accordance with 30-
4-11.
c. For properes located within the Watershed Crical Areas (WCA), the City Council may grant a Type 4
Modificaon to the Standards of the watershed regulaons in accordance with 30-4-11.
d. For properes located within the General Watershed Areas (GWA) and the Other Watershed Districts, the
Technical Review Commiee may grant a Type 2 modificaon to allow the use of the percentage of built-upon
area in determining low density single-family detached residenal developments (see Sec. 30-12-3.11(B)(2)) in
accordance with 30-4-11.
2. Watershed Modificaon that is Major in Nature Modificaon of the watershed regulaons of 30-12-3, 30-12-4 or 30-12-5 that do not meet the criteria for a
“Watershed Modificaon that is Minor in Nature” are considered major in nature. Recognizing that these types of
modificaons are only approvable in unique circumstances on a case-by-case basis by the North Carolina
Environmental Management Commission (EMC) pursuant to Secon .0104(r) of the EMC Rules, the EMC may grant
a Type 5 Modificaon to the Standards of the watershed regulaons in accordance with 30-4-11. Any modificaon
of the stream buffer regulaons of 30-12-3.9 is considered a Type 5 modificaon.
a. A Type 5 modificaon request pertains to acvies that will impact any poron of Zone 1 or any poron of both
Zones 1 and 2 of the riparian protecon area. If the city has determined that a Type 5 modificaon request
meets the requirements of this secon, then it shall prepare a preliminary finding and submit it to the North
Carolina Environmental Management Commission for approval. Within 90 days aer receipt by the city, the
Environmental Management Commission shall review preliminary findings on the Type 5 request and take one
of the following acons: approve, approve with condions and spulaons, or deny the request.
b. Appeals from a NC Environmental Management Commission decision on a Type 5 modificaon request are
made on judicial review to Superior Court.
(Amended by Ord. 10-161 on 12/1/10, Ord. 12-98 on 8/21/12, Ord. 20-098 on 7/21/20 and Ord. 20-099 on 9/1/20)
Effecve on: 6/15/2021
30-12-3.5 Parcipaon in a Public Regional Stormwater Control Program
A. Where Permied Where a regional stormwater control program has been established by one or more local governments, or by an
authority operang on behalf of one or more local governments, a development may parcipate in that regional
program in lieu of any cerficaon of runoff control required by this arcle, provided that all of the following
condions are met:
1. Stormwater runoff from the development drains to an approved exisng or proposed public regional stormwater
control facility that is currently operaonal or will be operaonal within 2 years;
2. Parcipaon is in the form of contribuon of funds, contribuon of land, contribuon of stormwater management
facility construcon work, or a combinaon of these, the total value of which must be in accordance with a fee
schedule adopted by the City Council; and
3. The Technical Review Commiee finds that the stormwater management plan is in compliance with all other
applicable requirements of this secon.
B. Use of Contribuons Each contribuon from a development parcipang in a regional stormwater control program must be used for
acquision, design, construcon or maintenance of one or more such controls in the same watershed in which the
development is located.
(Amended by Ord. 10-161 on 12/1/10)
30-12-3.6 Watershed Development Plan
A. Plan Required
1. For a two-family dwelling on a zone lot, a plot plan showing all proposed built-upon area, not to exceed 3,000
square feet, shall suffice in a GWA or WCA.
2. For all other new development in a GWA or Other Watershed Districts, a watershed development plan in
accordance with the performance standards specified in 30-12-3 and with other requirements of 30-12-3 and 30-
12-5 shall be submied.
3. For all other new development in a WCA, a watershed development plan in accordance with the performance
standards specified in 30-12-3 and with other requirements of 30-12-4 shall be submied.
4. Plans shall include all applicable informaon listed in the applicaon as published and amended by the Water
Resources Director.
B. Plan Approval The Technical Review Commiee is authorized to approve watershed development plans that conform to the
requirements of this secon.
C. Approved Plan a Prerequisite The Engineering and Inspecons Director is not authorized to issue any permits, except as provided in 30-4-26.1(F)1)
and grading permits as provided in 30-4-26.2, for development on any land in a WCA, GWA, or Other Watershed
Districts unl a watershed development plan in compliance with the requirements of this secon has been approved.
D. Permanent Engineered Stormwater Controls When a permanent engineered stormwater control is required for a development to meet the requirements of this
Arcle, a North Carolina registered professional engineer shall prepare the plan with the Engineer ’s Cerficaon of
Stormwater Quality Control from 30-4-15.6(C)4)a) affixed, signed, sealed, and dated in accordance with the
requirements in the Stormwater Management Manual (SWMM). An operaon and maintenance plan for the
permanent engineered stormwater control shall be submied with the watershed development plan.
(Amended by Ord. 10-161 on 12/1/10)
30-12-3.7 Improvements
A. Design of Improvements
1. Design of improvements shall:
a. Be performed by a North Carolina registered professional engineer;
b. Be subject to approval by the Water Resources Director;
c. Meet or exceed the guidelines in the Stormwater Management Manual;
d. Provide a drainage maintenance and ulity easement (DMUE) over and 15 feet around the stormwater device
to ensure adequate access for maintenance; and
e. If a stormwater device is located within a subdivision, the DMUE shall be located within the boundaries of the
common elements.
2. The Water Resources Director may recommend, and the Technical Review Commiee may require, that a given
engineered stormwater control be posioned on a site such that water quality protecon is improved.
B. Construcon of Watershed Protecon Improvements
1. See 30-13-5.4 if improvements are pursuant to a watershed development plan that was a prerequisite to a
subdivision approval.
2. The construcon of all improvements designed for watershed protecon and shown on other approved watershed
development plans shall be cerfied, completed, full design volume available, and funconing properly prior to any
pond plat recordaon or issuance of any building cerficate of occupancy. Alternavely, the Water Resources
Director may issue a temporary cerficate of compliance if the structure has not been completed when assurance
of its compleon within one year is provided in accordance with 30-4-20 (Surees or Improvement Guarantees).
3. Compleon of Improvements
a. For single-family and townhouse subdivisions, final approval of in-stalled engineered stormwater controls shall
be required at finalizaon of the grading permit or upon issuance of 90% of the total number of building
cerficates of occupancy of lots in the plaed subdivision, whichever comes later. If neither a building permit
nor a grading permit is required for a site, then any such engineered stormwater control shall be substanally
completed and have full design volume available prior to installaon of any built-upon area on the site. An
Engineer ’s Cerficaon of Stormwater Control Compleon (30-4-15.6(B)6)) shall be required prior to final
approval by the Water Resources Director.
b. For all others, final approval of installed engineered stormwater controls shall be required at finalizaon of the
grading permit or upon issuance of the final building cerficate of occupancy, whichever comes later. If neither
a building permit nor a grading permit is required for a site, then any such engineered stormwater control shall
be substanally completed and have full design volume available prior to installaon of any built-upon area on
the site. An Engineer ’s Cerficaon of Stormwater Control Compleon (30-4-15.6(B)6) shall be required prior to
final approval by the Water Resources Director.
4. A final inspecon and approval by the Water Resources Director shall occur before the release of any performance
securies.
5. The cerficaon requirements of this secon also apply for those projects ulizing a structural best management
pracce.
C. Recordaon of Permanent Improvements
1. All permanent engineered stormwater controls, associated access/maintenance easement(s) (specific or general,
at the owner ’s opon), and engineer ’s cerficaon of stormwater control compleon shall be recorded on a Pond
Plat.
2. A mechanism to ensure their proper operaon and maintenance shall be established and recorded in the Office of
the County Register of Deeds office concurrent with or prior to plat recordaon and prior to the issuance of the
final building Cerficate of Occupancy.
3. A mechanism to ensure that future development and redevelopment shall maintain the site consistent with the
approval project plan(s) shall be established and recorded in the Office of the County Register of Deeds office
concurrent with or prior to plat recordaon.
D. Maintenance Responsibility
1. When engineered stormwater controls serve more than 2 lots, an owners’ associaon shall be required. When
fewer than 2 lots are served by engineered stormwater controls or regional stormwater controls a binding
maintenance agreement shall be required. See 30-13-5.5 and 30-13-9.1.
2. Maintenance of engineered stormwater controls shall be performed at such me as the designated sediment
storage volume of the structure has been lost to sediment or a part of the installaon is not funconing as
originally designed. The Water Resources Director shall have the responsibility to inspect or require to be inspected
by a qualified individual such structures annually and to nofy the responsible property owner or owners’
associaon when maintenance or repairs are required. All required repairs and maintenance shall be performed
within 90 days aer such noce. In case of failure by the responsible party to perform the required maintenance or
repairs within the stated period, the city may perform such maintenance or repairs and recover all costs aendant
thereto from the property owner or owners’ associaon. In addion, the city may assess penales for violaons of
this secon as set out in Arcle 5.
E. As-Built Plans The applicant shall submit the following:
1. Prior to the issuance of any Cerficate of Occupancy the applicant shall submit under seal actual as-built plans for
all stormwater conveyances. The plans shall show the final design specificaons for all stormwater conveyances
with the field locaon, size, depth, controls, and devices, as installed. This shall include plan view drawings
showing all public and private storm drainage piping 12 inches or larger in diameter with associated invert
elevaon data.
2. Upon compleon of the structural best management pracces and before a final Cerficate of Occupancy is
granted, the applicant shall submit under seal as-built plans for the structural best management pracce.
(Amended by Ord. 10-161 on 12/1/10)
30-12-3.8 Clustering
A. Clustering Encouraged
Clustering of residenal development is encouraged. Clustering of single-family detached development is allowed
under the provisions of 30-7-3.3. Mul-family development may be clustered so long as the development complies
with the applicable standards of 30-8-10.
B. Performance Requirements Clustering is allowed if the overall density of the project meets the applicable GWA or WCA density and stormwater
runoff control requirements, the built-upon areas are designed and sited to minimize stormwater runoff impact to the
receiving waters and minimize concentrated stormwater flow, and the remainder of the tract remains in a vegetated
or natural state.
C. Addional Requirements in all Watersheds
1. Development shall maximize the use of diffuse flow through vegetated areas and shall maximize the flow length
through vegetated areas.
2. Areas of concentrated development shall be located in upland areas and away, to the maximum extent praccable,
from surface waters and drainageways.
3. In the Randleman Watershed, the remainder of the tract to remain in a vegetated or natural state shall be
conveyed to an owners’ associaon, conveyed to a local government for preservaon as a park or greenway,
conveyed to a conservaon organizaon, or placed in a permanent conservaon or farmland preservaon
easement. A document recorded at the Register of Deeds shall require maintenance of the vegetated or natural
area.
4. To the extent that this can be accomplished consistent with other requirements of this ordinance, built-upon area
shall be minimized to the maximum extent praccal through clustering and narrower and shorter paved areas
(streets, driveways, sidewalks, and parking lots). Rooop and other built-upon area runoff shall be spread over
pervious areas.
5. Land clearing during the construcon process shall be limited to the maximum extent praccal.
6. The developer shall record deed restricons and protecve covenants to ensure that development acvies
maintain the development consistent with the approved plans and specificaons.
(Amended by Ord. 10-161 on 12/1/10)
30-12-3.9 Stream Buffers Required
A. Stream Buffer Widths
Stream buffers containing zones and widths as specified in the Stream Buffer Zone and Width Requirements in Table
12-4, below shall be provided and maintained throughout the city’s jurisdicon. (See 30-12-4 for addional
requirements concerning stream buffers in the WCA).
B. Vegetated Conveyances When the low-density opon is used, stormwater runoff shall be transported primarily by vegetated conveyances.
Diffuse flow shall be maintained within the stream buffers.
C. Stream Channelizaon Approval from the Technical Review Commiee, NC Division of Water Quality, and U.S. Army Corps of Engineers shall
be secured before any intermient or perennial stream is disturbed. Addionally, if the stream is in a WCA, it shall not
be channelized without prior approval of a Type 3 Modificaon by the Planning and Zoning Commission in accordance
with 30-4-11. Evaluaon of the channelizaon request shall be based on grounds for a modificaon and migaon
may be required.
D. Plang of Stream Buffers Subdivision plats and pond plats shall show each stream buffer and zone applicable to the property.
E. Diffuse Flow Requirement In all watersheds, diffuse flow of runoff shall be maintained in the stream buffer by dispersing concentrated flow prior
to its entry into the buffer and reestablishing vegetaon as follows:
1. Concentrated runoff from new ditches or man-made conveyances shall be converted to diffuse flow at non-erosive
velocies before the runoff enters Zone 2 of the riparian protecon area;
2. Periodic correcve acon to restore diffuse flow shall be taken by the landowner if necessary to impede the
formaon of erosion gullies; and
3. As set out in 30-12-3.9(F) and Table 12-5, the zones of the stream buffer and Table of Stream Buffer Acvies and
Structures respecvely, no new stormwater conveyances are allowed through the buffers except for those
specified in Table 12-5, addressing stormwater management ponds, drainage ditches, roadside ditches, and
stormwater conveyances.
F. Explanaon of Stream Buffer Zones Perennial and intermient stream buffers must be composed of 2 or 3 of the following zones, depending upon
whether the low-density opon or the high-density opon is used.
1. Zone 1 is the poron of a riparian protecon area located closest to the stream, lake, reservoir, or pond. It is
intended to be an undisturbed area of vegetaon except for acvies and structures provided for in Table 12-5
Stream Buffer Acvies and Structures in all Watersheds (30-12-3.9(G)3)). The locaon of Zone 1 shall be as
follows:
a. For intermient and perennial streams, Zone 1 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 vercal
line marking the top of the bank. For ponds, lakes and reservoirs located within a natural drainage way, Zone 1
shall begin at the normal water level and extend landward a distance of 30 feet, measured horizontally on a line
perpendicular to a vercal line marking the normal water level. No new built-upon area is to be placed in this
zone.
2. Zone 2, the remainder of a riparian protecon area, is intended to provide protecon through a vegetated riparian
zone which provides for diffusion and infiltraon of runoff and filtering of pollutants. Zone 2 shall consist of a
stable, vegetated area that is undisturbed except for acvies and structures provided for in Table 12-5 (30-12-
3.9(G)3)). Grading and revegetang in Zone 2 is allowed provided that the health of the vegetaon in Zone 1 is not
compromised. Zone 2 shall begin at the outer edge of Zone 1 and extend landward 20 feet as measured
horizontally on a line perpendicular to the surface water. The combined width of Zone 1 and 2 shall be 50 feet on
all sides of the surface water. No new built-upon area is to be placed in this zone.
3. Zone 3 is not part of a riparian protecon area and therefore is subject to less extensive requirements than Zones 1
and 2. Zone 3 covers the outermost 50 feet of the 100-foot perennial stream buffer under the high-density opon.
No new built upon area is to be placed in this zone. (See 30-12-4 for addional requirements concerning stream
buffers in the WCA)
Table 12-4
Stream Buffer Width {1} Requirements in Watershed Districts and in Other Water Supply Watershed
Districts
Low Density Opon
Watershed District
Perennial Streams, Lakes & Ponds Intermient Streams
Zone 1 Zone 2 Zone 3 Zone 1 Zone 2 Zone 3
All Watershed Districts 0–30 30–50 N/A 0–30 30–50 N/A
High-Density Opon
Watershed District Perennial Streams, Lakes & Ponds Intermient Streams
Zone 1 Zone 2 Zone 3 Zone 1 Zone 2 Zone 3
Upper Randleman Lake
Lower Randleman Lake 0–30 30–50 50–100 0–30 30–50 N/A
Greensboro
Lake Mackintosh
Polecat Creek
Other Watershed Districts
0–30 30–50 N/A 0–30 30–50 N/A
{1} Distances on all sides of water bodies are in feet and are with reference to top of bank for streams and normal water level for all other water
bodies. Thus, “0” equals top of bank or normal water level and “30” equals 30 feet landward from top of bank or normal water level.
Figure 12-4, Stream Buffer Width Diagram
G. Associated Requirements
1. Approval for New Development The city shall issue an approval for new development only if the development applicaon proposes to avoid
impacts to stream buffers defined in this ordinance, or if the applicaon proposes to impact such a buffer, and it
demonstrates that the applicant has done the following as applicable:
a. Determined that the acvity is allowable in accordance with the requirements of this ordinance.
b. Received a Determinaon of No Praccal Alternave from the city according to 30-4-26.11.
c. Received approval of a migaon plan. Acvies and structures designated as allowable with migaon in
Table 12-5 require a migaon plan. The migaon plan must be prepared pursuant to 30-12-3.9(G)5).
d. Received a Type 5 Modificaon pursuant to 30-4-11.3(D), 30-4-11.7 and 30-12-3.4(C)2).
2. Requirements for Categories of Acvies and Structures in Stream Buffers Acvies and structures designated in Table 12-5 as exempt, allowable, and allowable with migaon within a
riparian protecon area shall have the following requirements:
a. Exempt Acvies and structures designated as exempt are permissible provided that they adhere to the limitaons of
the acvity as defined in Table 12-5. In addion, exempt structures and acvies shall be designed, constructed
and maintained to minimize soil disturbance and to provide the maximum water quality protecon praccable,
including construcon, monitoring, and maintenance acvies.
b. Allowable Acvies and structures designated as allowable are permissible with restricons and may proceed provided
that there are no praccal alternaves to the requested use pursuant to 30-4-26.11. This includes construcon,
monitoring, and maintenance acvies.
c. Allowable with Migaon Acvies and structures designated as allowable with migaon may proceed provided that there are no
praccal alternaves to the requested use pursuant to 30-4-26.11 and an appropriate migaon strategy has
been approved pursuant to 30-12-3.9(G)4). These acvies and structures require a determinaon of no
praccal alternave from the city in accordance with 30-4-26.11.
3. Acvies and Structures that are Exisng and Ongoing 30-12-3.9 shall not apply to acvies and structures in the riparian protecon area (Zones 1 & 2) that are legally
exisng and ongoing. Only the poron of the buffer occupied by the footprint of the exisng acvity or structure is
exempt. However, this Secon shall apply at the me an exisng, ongoing acvity or structure is changed to
another acvity or structure. Change of acvity or structure shall involve the iniaon of any acvity that does not
meet either of the following criteria for exisng, ongoing acvity:
a. It was present within the buffer as of the effecve date of the local ordinance enforcing this Rule and has
connued to exist since that me (April 1, 1999 for Randleman and November 1, 2010 for all porons of the
city’s jurisdicon except Randleman). Acvies necessary to maintain acvies and structures are allowed,
provided that the site remains similarly vegetated, no built-upon area is added within 50 feet of the surface
water and exisng diffuse flow is maintained.
b. It is a project or proposed development that has been determined by the Director of Water Resources to meet
at least one of the following criteria:
i. Project that requires a 401 Cerficaon/404 Permit and these were issued prior to November 1, 2010;
ii. Project that requires a state permit (such as landfills, NPDES wastewater discharges, land applicaon of
residuals and road construcon acvies), had begun construcon or been under contract to begin
construcon, and had received all required state permits and cerficaons prior to November 1, 2010;
iii. Project that is being reviewed through the Clean Water Act Secon 404/Naonal Environmental Policy Act
Merger 01 Process (published by the US Army Corps of Engineers and Federal Highway Administraon,
2003) or its immediate successor and that has reached agreement with DENR on avoidance and
minimizaon by November 1, 2010; or
iv. Project that is not required to be reviewed through the Clean Water Act Secon 404/Naonal
Environmental Policy Act Merger 01 Process or its immediate successor if a Finding of No Significant Impact
has been issued for the project and the project has the wrien approval of the city prior to November 1,
2010.
4. Migaon
a. Migaon as described below shall be required of all persons who wish to impact a stream buffer when one of
the following applies:
i. A person has received a “No Praccal Alternave Determinaon” pursuant to 30-4-26.11 for a proposed
acvity and structure that is designated as “allowable with migaon;” or
ii. A person has received a Type 5 Modificaon pursuant to 30-4-11.3(D), 30-4-11.7, and 30-12-3.4(C)2) and is
required to perform migaon as a condion of granng the modificaon.
b. The Director of Water Resources shall issue a migaon approval upon determining that the applicant has
made payment of a compensatory migaon fee to the Riparian Buffer Restoraon Fund pursuant to 15A NCAC
02B .0269 (Jordan Water Supply Nutrient Strategy: Riparian Buffer Migaon Fees to the NC Ecosystem
Enhancement Program) and that payment has been accepted by the NC Ecosystem Enhancement Program, or
that payment has been made and accepted by a private migaon bank that complies with banking
requirements of the US Army Corps of Engineers, and the applicable criteria in Rule 15A NCAC 02B .0295.
(Amended by Ord. 10-161 on 12/1/10 and Ord. 20-099 on 9/1/20)
The following chart sets out potenal new acvies and structures within the buffer and categorizes them as exempt,
allowable, or allowable with migaon. All acvies and structures not categorized as exempt, allowable, or allowable
with migaon are considered prohibited and may not proceed within the riparian protecon area if the use would
impact the buffer.
Table 12-5 Table of Acvies and Structures in Stream Buffers (Zone 1 and Zone 2)
Acvies and Structures in Stream Buffers Exempt Allowable
Allowable with
Migaon
Access trails: Pedestrian access trails leading to the surface water, docks, fishing piers, boat ramps and other water
dependent acvies where no built-upon area is added to the buffer:
Such trails that are restricted to the minimum width praccable and do notexceed 4 feet in width of buffer disturbance, provided that neither installaonnor use results in removal of trees X
Such trails that exceed 4 feet in width of buffer disturbance X
Other such trails that result in removal of trees
Airport facilies:
Airport facilies that disturb not more than 150 linear feet and not morethan one-third of an acre of riparian protecon area X
Other airport facilies X
Acvies necessary to comply with FAA requirements (e.g. radar uses or
landing strips)1 X
Archaeological acvies in Zones 1 and 2
Designed, constructed and maintained to provide the maximum sedimentremoval and erosion protecon, to have the least adverse effects on aquac lifeand habitat, and to protect water quality to the maximum extent praccal.X
Table 12-5 Table of Acvies and Structures
in Stream Buffers (Zone 1 and Zone 2)
Acvies and Structures in Stream Buffers Exempt Allowable
Allowable with
Migaon
Bridges X
Canoe access, provided that neither installaon nor use results in removal
of trees and that no built-upon area is added in the buffer. X
Dam maintenance acvies:
Dam maintenance acvies that either do not cause addional bufferdisturbance beyond the footprint of the exisng dam or are covered under theU.S. Army Corps of Engineers Naonwide Permit No. 3 X
Other dam maintenance acvies X
Drainage ditches, roadside ditches and stormwater conveyances within riparian protecon area:
New stormwater flows to exisng drainage ditches, roadside ditches, andstormwater conveyances provided flows do not alter or result in the need toalter the conveyance and are managed to minimize the sediment, nutrients andother polluon conveyed to water bodies
X
Realignment of exisng roadside drainage ditches retaining the designdimensions, where no addional travel lanes are added and the minimumrequired roadway typical secon is used based on traffic and safetyconsideraons
X
New or altered drainage ditches, roadside ditches and stormwater ouallsprovided that a stormwater management facility is installed to control nutrientsand aenuate flow before the conveyance discharges through the riparianprotecon area
X
New drainage ditches, roadside ditches and stormwater conveyancesapplicable to linear projects that do not provide a stormwater managementfacility due to topography constraints, provided that other praccable BMPs areemployed
X
Draining a pond in a natural drainageway where a riparian protecon area
is established adjacent to the new channel X
Driveway crossings of streams and other surface waters subject to this ordinance:
Located on single family residenal lots and disturbing no more than 25linear feet and no more than 2,500 square feet of riparian protecon area X
Located on single family residenal lots and disturbing more X
Any other development cumulavely disturbing no more than 150 linearfeet and no more than one-third of an acre of riparian protecon area X
Any other development cumulavely disturbing more X
Driveway encroaching into the buffer but not crossing the stream or other
water body X
Fences
Fences provided that disturbance is minimized and installaon does notresult in removal of trees X
Fences, provided that disturbance is minimized and installaon results inremoval of trees X
Ferlizer applicaon, one me applicaon to establish vegetaon provided
the manufacturer’s recommended rate is not exceeded X
Grading and revegetaon in Zone 2 only provided that diffuse flow and the
health of exisng vegetaon in Zone 1 is not compromised and disturbed
areas are stabilized with nave vegetaon
X
Greenway / hiking trails, provided they are designed, constructed and
maintained to provide the maximum nutrient removal and erosion
protecon, to have the least adverse effects on aquac life and habitat, and
to protect water quality to the maximum extent praccal
X
Historic preservaon designed, constructed and maintained to provide the
maximum nutrient removal and erosion protecon, to have the least
adverse effects on aquac life and habitat, and to protect water quality to
the maximum extent praccal
X
Maintenance access on modified natural streams: a grassed travel way on
one side of the water body when less impacng alternaves are not
praccal. The width and specificaons of the travel way shall be only that
needed for equipment access and operaon. The travel way shall be
located to maximize stream shading
X
Table 12-5 Table of Acvies and Structures
in Stream Buffers (Zone 1 and Zone 2)
Acvies and Structures in Stream Buffers Exempt Allowable
Allowable with
Migaon
Mining acvies:
Mining acvies that are covered by the Mining Act, where new riparianprotecon areas that meet the requirements of this ordinance are establishedadjacent to the relocated channels X
Mining acvies that are not covered by the Mining Act X
Mining acvies where new riparian protecon areas that meet therequirements of this ordinance are not established adjacent to the relocatedchannels X
Wastewater or mining dewatering wells with approved NPDES permit X
Piping of a stream, outside of the Upper Randleman Lake and Lower
Randleman Lake Watershed Districts under a permit issued by the U.S.
Army Corps of Engineers
X
Playground equipment:
Playground equipment on single family lots if installaon and use does notresult in removal of vegetaon X
Playground equipment installed on lands other than single family lots orthat requires removal of vegetaon X
Ponds created by impounding streams and not used as stormwater BMPs
New ponds where a riparian protecon area is established adjacent to thepond X
New ponds where a riparian protecon area is not established adjacent tothe pond X
Protecon of exisng structures, facilies and stream banks when this
requires addional disturbance of the riparian protecon area or the
stream channel
X
Railroad acvies and structures 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:
Those impacng no more than 40 linear feet of riparian protecon area X
Those impacng more than 40 linear feet but not more than 150 linear feetand not more than one-third of an acre of riparian protecon area X
Those impacng more X
Recreaonal and accessory structures in Zone 2
Sheds and gazebos with:
Total footprint not more than 150 square feet per lot X
Greater footprint X
Wooden slaed decks and associated steps with:
Deck at least 8 feet in height and no vegetaon removed from Zone1 X
Deck less than 8 feet in height or vegetaon removed from Zone 1 X
Removal of fill or debris, provided that diffuse flow is maintained and
vegetaon is restored X
Scienfic studies and stream gauging In Zones 1 and 2 if they are designed,
constructed and maintained to protect water quality to the maximum
extent praccal
X
Stormwater BMPs:
Wet detenon, bioretenon, and constructed wetlands in Zone 2 if diffuseflow of discharge is provided into Zone 1 X
Wet detenon, bioretenon, and constructed wetlands in Zone 1 X
Streambank stabilizaon X
Street crossings of streams and other surface waters subject to this ordinance:
Impacng no more than 40 linear feet of riparian protecon area X
Crossings impacng more than 40 linear feet but not more than 150 linearfeet and no more than one-third of an acre of riparian protecon area X
Table 12-5 Table of Acvies and Structures
in Stream Buffers (Zone 1 and Zone 2)
Acvies and Structures in Stream Buffers Exempt Allowable
Allowable with
Migaon
Crossings that impact more X
Street relocaon: Relocaon of exisng private access roads associated
with public road projects where necessary for public safety:
No more than 2,500 square feet of buffer impact X
More than 2,500 square feet of buffer impact X
Street acvies and structures other than crossings of streams and other
surface waters subject to this ordinance X
Temporary vehicular travelways, provided that the disturbed area is restored to pre-construcon topographic and
hydrologic condions immediately aer construcon is complete and replanted immediately with comparable vegetaon,
except that tree planng may occur during the dormant season. A one-me applicaon of ferlizer may be used to
establish vegetaon. At the end of five years the restored buffer shall comply with the restoraon criteria of Rule 15A
NCAC 02B.0268:

No more than 2,500 square feet of buffer disturbance X
More than 2,500 square feet of buffer disturbance X
Associated with culvert installaon or bridge construcon or replacement X
Temporary sediment and erosion control devices, provided that the disturbed area is restored to pre-construcon
topographic and hydrologic condions immediately aer construcon is complete and replanted immediately with
comparable vegetaon, except that tree planng may occur during the dormant season. A one-me applicaon of ferlizer
may be used to establish vegetaon. At the end of five years the restored buffer shall comply with the restoraon
criteria of Rule 15A NCAC 02B.0268:

In Zone 2, provided ground cover is established within meframes requiredby the Sedimentaon and Erosion Control Act, vegetaon in Zone 1 is notcompromised, and runoff is released as diffuse flow in accordance with thisordinance
X
In Zones 1 and 2 to control impacts associated with acvies and structuresapproved by the local government or the EMC, provided that sediment anderosion control for upland areas is addressed, to the maximum extent praccal,outside the buffer
X
In-stream temporary erosion and sediment control measures for workwithin a stream channel that is authorized under Secons 401 and 404 of theFederal Water Polluon Control Act X
In-stream temporary erosion and sediment control measures for workwithin a stream channel X
Ulity, electric, aerial, perpendicular crossings of streams and other surface waters subject this ordinance: {2,3,5}
Disturbing not more than 150 linear feet of riparian protecon area X
Disturbing more X
Ulity, electric, aerial, other than perpendicular crossings: {5}
With impacts in Zone 2 X
With impacts in Zone 1{2,3} X
Ulity, electric, underground, perpendicular crossings: {3,4,5}
Disturbing not more than 40 linear feet of riparian protecon area X
Disturbing more X
Ulity, electric, underground, other than perpendicular crossings: {4}
With impacts in Zone 2{2}X
With impacts in Zone 1{1,4}X
Ulity, non-electric, perpendicular crossings of streams and other surface waters subject to this ordinance [3,5}
Disturbing not more than 40 linear feet of riparian protecon area with amaintenance corridor no wider than 10 feet X
Disturbing not more than 40 linear feet of riparian protecon area with amaintenance corridor wider than 10 feet in width X
Disturbing more than 40 linear feet but not more than 150 linear feet ofriparian protecon area with a maintenance corridor no wider than 10 feet X
Table 12-5 Table of Acvies and Structures
in Stream Buffers (Zone 1 and Zone 2)
Acvies and Structures in Stream Buffers Exempt Allowable
Allowable with
Migaon
Disturbing more than 40 linear feet but not more than 150 linear feet ofriparian protecon area with a maintenance corridor wider than 10 feet X
Disturbing more than 150 linear feet of riparian protecon area X
Ulity, non-electric, other than perpendicular crossings{4.5}
Outside of Upper Randleman Lake and Lower Randleman Lake WatershedDistricts with impacts in Zone 2 X
Within the Upper Randleman Lake and Lower Randleman Lake WatershedDistricts with impacts in Zone 2 X
Within all Watershed Districts and with impacts in Zone 1 {1} X
Vegetaon management:
Emergency fire control measures, provided that topography is restored X
Mowing and harvesng of plant products in Zone 2 only X
Planng vegetaon to enhance the riparian protecon area X
Pruning forest vegetaon, provided that the health and funcon of theforest vegetaon is not compromised X
Removal of individual trees which are in danger of causing damage todwellings, other structures or human life X
Removal of individual trees which are dead, diseased or damaged X
Removal of poison ivy X
Removal of understory nuisance vegetaon as defined in: Smith, Cherri L.1998. Exoc Plant Guidelines. Dept. of Environment and Natural Resources.Division of Parks and Recreaon. Raleigh, NC. Guideline #30 X
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 praccable width, not exceeding 10 feet
X
Water dependent structures as defined in 15A NCAC 02B .0202 where
installaon and use result in disturbance to riparian protecon area X
Water supply reservoirs:
New reservoirs, provided that a riparian protecon area that meets therequirements of this ordinance is established adjacent to the reservoir X
New reservoirs where a riparian protecon area that meets therequirements of this ordinance is not established adjacent to the reservoir X
Water wells:
Single family residenal water wells X
All other water wells X
Wetland, stream and buffer restoraon that results in impacts to the riparian protecon area:
Wetland, stream and buffer restoraon that requires DWQ approval for theuse of a 401 Water Quality Cerficaon X
Wetland, stream and buffer restoraon that does not require DWQ approvalfor the use of a 401 Water Quality Cerficaon X
Table 12-5 Table of Acvies and Structures
in Stream Buffers (Zone 1 and Zone 2)
Acvies and Structures in Stream Buffers Exempt Allowable
Allowable with
Migaon
{1}Provided that:
No heavy equipment is used in Zone 1
Vegetaon in undisturbed porons of the buffer is not compromised
Felled trees are removed by chain
No felling of trees occurs in protected buffers or streams
Stumps are removed only by grinding
At the compleon of the project the disturbed area is stabilized with nave vegetaon
Zones 1 and 2 meet the requirements of 30-12-3.9(D)

{2}Provided that, in Zone 1, 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 applicant to the City of Greensboro as defined in 30-4-26.11
A zone 10 feet wide immediately adjacent to the water body shall be managed such that only vegetaon that poses a hazard or has the potenal togrow tall enough to interfere with the line is removed
Woody vegetaon shall be cleared by hand. No land grubbing or grading is allowed
Root systems shall be le intact to maintain the integrity of the soil. Stumps shall be le in place where trees are cut
Riprap shall not be used unless it is necessary to stabilize a tower
No ferlizer shall be used other than a one-me applicaon to re-establish vegetaon
Construcon acvies shall minimize the removal of woody vegetaon, the extent of the disturbed area, and the me in which areas remain in adisturbed state
Acve measures shall be taken aer construcon and during roune maintenance to ensure diffuse flow of stormwater through the buffer
In wetlands, mats shall be ulized to minimize soil disturbance

{3}Provided that poles or aerial infrastructure shall not be installed within 10 feet of a water body unless the applicant submits a a no practical
alternative determination and the City of Greensboro completes an evaluation as defined in 30-4-26.11

{4}Provided that, in Zone 1, 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 the applicant to the City of Greensboro as defined in 30-4-26.11.
Woody vegetaon shall be cleared by hand. No land grubbing or grading is allowed
Root systems shall be le intact to maintain the integrity of the soil. Stumps shall be le in place, except in the ulity trench
Underground cables shall be installed by vibratory plow or trenching.
The trench shall be backfilled with the excavated soil material immediately following cable installaon
No ferlizer shall be used other than a one-me applicaon to re-establish vegetaon
Construcon acvies shall minimize the removal of woody vegetaon, the extent of the disturbed area, and the me in which areas remain in a
disturbed state
Measures shall be taken upon compleon of construcon and during roune maintenance to ensure diffuse flow of stormwater through the buffer
In wetlands, mats shall be ulized to minimize soil disturbance

{5}Perpendicular crossings are those that intersect the surface water at an angle between 75 degrees and 105 degrees.
(Amended by Ord. 10-161 on 12/1/10 and Ord. 12-98 on 8/21/12)
Effecve on: 12/2/2014
30-12-3.10 Acvies Regulated by Other Governmental Agencies
A. Designated Agencies The following are the designated agencies responsible for implemenng the requirements of the EMC Rules for the
specified acvies:
1. Agriculture - Guilford Soil and Water Conservaon District
2. Silviculture - NC Division of Forest Resources
B. Transportaon The North Carolina Department of Transportaon shall comply with the pracces outlined in its document entled
“Best Management Pracces for the Protecon of Surface Waters,” which is incorporated by reference.
C. Hazardous Materials
1. The Greensboro Emergency Management Assistance Agency and the Guilford County Local Emergency Planning
Commiee (LEPC) are the designated management agencies responsible for implemenng the provisions of this
subsecon pertaining to hazardous materials.
2. An inventory of all hazardous materials used and stored in the watershed shall be maintained. A spill/failure
containment plan and appropriate safeguards against contaminaon are required. Waste minimizaon and
appropriate recycling of materials is encouraged.
3. Properes in the WCA or GWA shall comply with the requirements of the Superfund Amendments and
Reauthorizaon Act (SARA) Secon 302 Extremely Hazardous Substances (42 USC 11000 et seq.), or Secon 311 of
the Clean Water Act, as amended (CWA)(33 USC 1251 et seq.; oil and hazardous substances) if hazardous
substances listed in either of these secons are stored or used on the site.
(Amended by Ord. 10-161 on 12/1/10)
30-12-3.11 Density
A. Density Limits New development shall not exceed the density limits in Table 12-6 (Density Limits in Upper and Lower Randleman
Lake Watersheds) or Table 12-7 (Density Limits in Other Water Supply Watersheds, and Other Watershed Districts),
whichever is applicable, except as provided in Subsecon (D) below.
B. Measurement in Low-density Opon
1. For the low-density opon, density is measured in dwelling units per acre for single-family detached residenal
development; for recreaonal facilies such as golf courses and tennis and swim clubs lying within such
developments, measure the built-upon area on the lot or common elements and divide by 3,000 square feet to
obtain a dwelling units equivalency number. Density is measured in percentage of the land surface covered by
built-upon area for all other residenal and nonresidenal development. When buildings for single-family
detached residenal uses and buildings for other uses are intermingled, the built-upon area measurement shall
apply. When secons devoted to single-family detached residenal buildings and other secons devoted to
buildings for other uses are present in the same development, the developer may apply the appropriate
measurements to the different uses or may use the built-upon area measurement for the enre development.
When using the built-upon area measurement, assume 3,000 square feet of built-upon area per single-family
detached residenal lot to cover the built-upon area on the lot and in the poron of its driveway within the street
right-of-way.
2. For single-family detached residenal developments within the GWA and Other Watershed Districts, the built-upon
area measurement can apply when the Technical Review Commiee grants a Type 2 modificaon in accordance
with 30-4-11. Density is measured in percentage of the land surface covered by all built-upon area lying within
such development. When using the built-upon area measurement, assume 3,000 square feet of built-upon area
per single-family detached residenal lot to cover the built-upon area on the lot and in the poron of its driveway
within the street right-of-way.
C. Measurement in High-density Opon The built-upon area measurement shall apply.
D. Density Averaging When all of the following condions are met, two non-conguous zone lots, neither of which is publicly held land,
may be treated in tandem for compliance with the density requirements contained within this secon. Publicly held
lands include but are not limited to dedicated drainageway and open space, parkland, or other lands obtained for
watershed protecon. One lot (the “giving lot”) shall reduce its allowable development, and the other lot (the
“receiving lot ”) shall increase its allowable development by a like amount.
1. An Applicaon for a Watershed Density Averaging Cerficate, on a form supplied by the Department of Water
Resources, is submied according to the established deadlines and procedures.
2. The two lots are within the same water supply watershed, irrespecve of jurisdiconal boundaries;
3. If one of the lots is located in the Watershed Crical Area, that lot shall not be developed beyond the applicable
density limit listed in Table 12-6 or Table 12-7;
4. The overall density for both lots meets applicable density requirements of Table 12-6 or Table 12-7 and both lots
meet applicable stormwater control requirements;
Commentary: The density averaging formulas would be such that the sum of the maximum “by the watershed
regulaons book” numbers of dwelling units (DU) on the giving property and on the receiving property, divided
by the sum of their acreages (Ac), would be equal to the sum of the reallocated numbers of dwelling units on the
giving property and on the receiving property, divided by the sum of their acreages. The BUA formula would
substute square footages of BUA for numbers of dwelling units. To wit, maximum “by the book” [DU Property A
+ DU Property B]/[Ac Property A + Ac Property B] = reallocated [DU Property A + DU Property B]/[Ac Property A +
Ac Property B] and maximum “by the book” [BUA Property A + BUA Property B]/[Ac Property A + Ac Property B] =
reallocated [BUA Property A + BUA Property B]/[Ac Property A + Ac Property B].
5. Built-upon areas are designed and located such that the Technical Review Commiee finds that the design of each
site is such that all of the following are achieved:
a. Minimize stormwater runoff impact to the receiving waters;
b. Minimize concentrated stormwater flow;
c. Maximize the use of sheet flow through vegetated areas;
d. Maximize the flow length through vegetated areas; and
e. Average and adjust any undisturbed areas, as required in 30-12-4.2(B), Land Disturbance, to reflect the density
averaging.
6. The built-upon areas on both lots are located in upland areas and away from surface waters and drainageways;
7. Both lots comply with the high density stream buffers;
8. The porons of the lots that are not being developed will remain in a vegetated or natural state, be placed in
Density Averaging Easements (DAE) in accordance with Subsecon 10) below, and be managed through one of the
following means:
a. Conveyance to an owners' associaon as common elements,
b. Conveyance to a local government as a park, dedicated drainageway and open space or greenway; or
c. Placement under a permanent conservaon or farmland preservaon easement.
9. Metes and bounds descripons of the areas to remain vegetated and limits on use shall be recorded as follows:
a. On a Density Averaging Plat;
b. If located within Common Elements, in the property’s declaraon of covenants, condions, and restricons;
c. If not located within Common Elements, in the individual deeds for each of the lots; and
d. With language making them irrevocable unless amended under the no net decrease provisions of this
ordinance.
10. Density Averaging Easements (DAE) shall be plaed over those areas that are not to be developed, which shall
remain in a vegetated or natural state. Within such easements principal and accessory buildings and structures are
not permied and the natural ground cover and the natural tree canopy must be preserved, with the following
excepons:
a. Ulies and associated erosion control structures may be constructed and maintained;
b. Normal maintenance by mechanical means is allowed for the removal of dead, diseased, deformed, poisonous,
or noxious vegetaon and pests harmful to health;
c. Mechanical mowing of ulies areas is allowed to control growth;
d. The removal of dead trees and logs is permied, provided the stumps remain;
e. The removal of briars and vines is permied, provided the underbrush remains in its natural state;
f. The removal of hazardous trees (as determined by the Water Resources Director on a case-by-case basis) is
permied, provided that the stump remains and each tree removed is replaced with a newly planted tree at a
1:1 rao; and
g. The Technical Review Commiee may grant a Type 2 Modificaon (see 30-4-11) for changes to exisng Density
Averaging Easements.
Table 12–6 Density Limits in Upper and Lower Randleman Lake Watersheds in Dwelling Units Per Acre & Percent Built-Upon Area {1}
Watershed Overlay Zone & Tier
Low-Density Opon
High-Density
Opon
DU/AC %BUA %BUA {2}
Table 12–6 Density Limits in Upper and Lower Randleman Lake Watersheds
in Dwelling Units Per Acre & Percent Built-Upon Area {1}
Watershed Overlay Zone & Tier
Low-Density Opon
High-Density
Opon
DU/AC %BUA %BUA {2}
Table Notes: {1} If, compared to the sidewalk installation requirements effective through December 31, 2002, the sidewalk installation requirements contained in
Ordinance Number 02-239, effective January 1, 2003, increase the amount of sidewalk built-upon area, thereby exceeding the maximum built-upon
area allowable under the High-Density Option or necessitating additional stormwater control, treatment, or mitigation measures, the Technical
Review Committee may approve reductions to required street pavement widths, sidewalk widths, driveway widths, or off-street parking area, so as
to result in the same built-upon area as under the previous sidewalk installation requirements.
{2} In a subdivision, the BUA maximum applies to the subdivision as a whole, including streets, lots, etc. The maximum BUA allowed by this
column (assuming engineered stormwater controls are large enough) shall be allocated among streets, lots, etc. In single-family detached
development, the allocation to each house lot shall be uniform. In other development, the allocation may vary among lots. In all cases, the final plat
shall clearly state each lot’s allocation and restrictive covenants shall call attention to these allocations. On new or extended thoroughfare streets,
allocate enough BUA to cover 5 foot sidewalks on both sides; and on all other new or extended streets allocate enough to cover a 5 foot sidewalk on
one side.
{3} Alternatively, if total area minus area in street right-of-way, divided by number of house lots, equals 20,000 square feet or more, that is Low
Density.
{4} Alternatively, if total area minus area in street right-of-way, divided by number of house lots, equals 40,000 square feet or more, that is Low
Density. In making determinations whether modification requests are minor or major, remember that all Greensboro’s WCA Tier 4 and the portion
of its Tier 3 lying more than 1/2 mile from normal pool elevation are beyond the minimum WCA required by EMC Rules.
{5} For single-family detached residential developments see Section 30-12-3.11(B)(2) for alternate options for measuring density.

Lower Randleman Lake (WS-IV Crical
Water Supply)
GWA 1 {4}12{5}50
WCA,1 See BUA 0.5 no HD opon
WCA,2 0.2 2.4 no HD opon
WCA,3,sewer 0.5 6 30
no sewer 0.33 4 no HD opon
WCA,4,sewer 1 {4}12 40
no sewer 1 {4}12 no HD opon
Upper Randleman Lake (WS-IV Crical
Water Supply)
GWA 2 {3}24{5}70
WCA,1 See BUA 0.5 no HD opon
WCA,2 0.2 2.4 no HD opon
WCA,3,sewer 2 {3}24 34
no sewer 0.33 4 no HD opon
WCA,4,sewer 2 {3}24 40
no sewer 1 {4}12 no HD opon
Table 12–7 Density Limits in Other Water Supply Watersheds and Other Watershed Districts in Dwelling Units Per Acre & Percent Built-Upon Area {1}
Watershed District Overlay Zone & Tier
Low-Density Opon
High-Density
Opon
DU/AC %BUA %BUA {3}
Greensboro & Polecat Creek (WS-III)GWA 2 {4}24{6}50(70 {2})
WCA,1 See BUA 0.5 no HD opon
WCA,2 0.2 2.4 no HD opon
Table 12–7
Density Limits in Other Water Supply Watersheds
and Other Watershed Districts
in Dwelling Units Per Acre & Percent Built-Upon Area {1}
Watershed District Overlay Zone & Tier
Low-Density Opon
High-Density
Opon
DU/AC %BUA %BUA {3}
{1} If, compared to the sidewalk installation requirements effective through December 31, 2002, the sidewalk installation requirements
contained in Ordinance Number 02-239, effective January 1, 2003, increase the amount of sidewalk built-upon area, thereby exceeding
the maximum built-upon area allowable under the High-Density Option or necessitating additional stormwater control, treatment, or
mitigation measures, the Technical Review Committee may approve reductions to required street pavement widths, sidewalk widths,
driveway widths, or off-street parking area, so as to result in the same built-upon area as under the previous sidewalk installation
requirements.

{2} Watershed plans approved on and after October 31, 1997, collectively covering up to 10% of the WS-III GWA, may receive
allocations permitting up to 70% BUA. An approved watershed plan constitutes a completed application for such an allocation. An
allocation is granted to a lot when a building permit is issued thereon and to a part of a subdivision when the engineered stormwater
control structure for it has been substantially completed. An allocation is lost if the building permit or plat approval expires or is
revoked.

{3} In a subdivision, the BUA maximum applies to the subdivision as a whole, including streets, lots, etc. The maximum BUA allowed
by this column (assuming engineered stormwater controls are large enough) shall be allocated among streets, lots, etc. In single-family
detached development, the allocation to each house lot shall be uniform. In other development, the allocation may vary among lots. In all
cases, the final plat shall clearly state each lot’s allocation and restrictive covenants shall call attention to these allocations. On new or
extended thoroughfare streets, allocate enough BUA to cover 5 foot sidewalks on both sides; and on all other new or extended streets
allocate enough to cover a 5 foot sidewalk on one side.

{4} Alternatively, if total area minus area in street right-of-way, divided by number of house lots, equals 20,000 square feet or more, that
is Low Density.

{5} Alternatively, if total area minus area in street right-of-way, divided by number of house lots, equals 40,000 square feet or more, that
is Low Density. In making determinations whether modification requests are minor or major, remember that all Greensboro’s WCA Tier
4 and the portion of its Tier 3 lying more than 1/2 mile from normal pool elevation are beyond the minimum WCA required by EMC
Rules.

{6} For single-family detached residential developments see Section 30-12-3.11(B)(2) for alternate options for measuring density.
WCA,3,sewer 1 {5}12 30
no sewer 0.33 4 no HD opon
WCA,4,sewer 2 {4}24 40
no sewer 1 {5}12 no HD opon
Lake Mackintosh (WS-IV)
GWA 2 {4}24{6}70
WCA,1 See BUA 0.5 no HD opon
WCA,2 0.2 2.4 no HD opon
WCA,3,sewer 2 {4}24 34
no sewer 0.33 4 no HD opon
WCA,4,sewer 2 {4}24 40
no sewer 1 {5}12 no HD opon
Other Watershed Districts Other Watershed Districts 2 {4}24{6}>24
(Amended by Ord. 10-161 on 12/1/10, Ord. 13-108 on 8/5/13 and Ord. 20-098 on 7/21/20)
30-12-3.12 Stormwater Quality Controls
A. Applicability
Where stormwater control is required by this Arcle, runoff from the following shall be controlled, and engineered
stormwater controls and other best management pracces (BMPs) shall be sized accordingly.
1. Newly built-upon areas and other new development on a site;
2. To the extent praccable, exisng development on the site (consult with the Water Resources Director for a
determinaon); and
3. Any other on-site runoff that flows into the structure or BMP.
B. Roadway and Driveway Connecons Driveway and roadway connecons shall be treated to the maximum extent possible. Such connecons will be
evaluated on a site-by-site basis.
C. Methods of Stormwater Quality Control
1. Developments using the high-density opon shall use engineered stormwater controls, which may consist of wet
detenon ponds or alternave stormwater management systems consisng of other treatment opons, or a
combinaon of opons approved by the Director of the Division of Water Quality in accordance with 15A NCAC
2B.0104(g), and 15A NCAC 2H.1008(a). The design criteria for approval shall include control and treatment of the
runoff from the first one inch of rain and a minimum of 85% average annual removal for Total Suspended Solids
(TSS), as well as discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for
the one-year, 24-hour storm. Runoff volume drawdown me shall be a minimum of 48 hours but not more than
120 hours.
2. Developments using the low-density opon, if they are required to have stormwater control, shall use either a
method allowed under the high-density opon or, as applicable, a method prescribed in 30-12-4 or 30-12-5. For
low density development in Other Watershed Districts the use of vegetated conveyances shall be used to the
maximum extent praccable.
3. New development that drains in whole or part to class NSW waters or waters assigned a Total Maximum Daily Load
(TMDL) by North Carolina DWQ shall design and implement best stormwater management pracces, up to and
including the installaon of engineered stormwater controls, that reduce nutrient loading, or other pollutant of
concern, while sll meeng other requirements of this ordinance. The Water Resources Director shall have final
approval of any proposed structural best management pracce (BMP) required to meet state mandated nutrient
loading or other pollutant of concern reducon measures in order to facilitate treatment of the nutrient or
pollutant of concern to the maximum extent praccable.
D. Water Quality Control Exempons
1. Development in Other Watershed Districts that cumulavely disturbs less than one acre and is not part of a Larger
Common Plan of Development, Redevelopment or Sale is exempt from the stormwater quality control provisions
of this secon. Development that cumulavely disturbs less than one acre is not exempt if such acvies are part
of a Larger Common Plan of Development, Redevelopment or Sale, even though mulple, separate or disnct
acvies take place at different mes on different schedules.
2. Development that meets all of the following requirements is exempt from the stormwater quality control
provisions of this secon:
a. The division of a tract in single ownership;
b. The tract area is not greater than 2 acres;
c. The division does not result in more than 3 lots;
d. No street right-of-way dedicaon is involved;
e. The resultant lots are equal to or exceed the standards of this ordinance; and
f. The development does not cumulavely disturb one acre or more.
(Amended by Ord. 10-161 on 12/1/10)