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HomeMy WebLinkAboutNCS000410_Audit Information_20190708Comprehensive Stormwater Management Program Report 1. STORM SEWER SYSTEM INFORMATION I.I. Population Served: The permanent population served by the Municipal Separate Storm Sewer System (MS4) is 20,420. This data is from the North Carolina Office of State Budget and Management for Fiscal Year 2018-2019. (This data source is also used by North Carolina to distribute State Shared Revenues for the current fiscal year.) No seasonal population data is presented since the Village of Clemmons is not considered a resort or vacation location; therefore the population will not vary significantly. 1.2. Growth Rate: The average annual growth rate for Clemmons from 2008 to the present is calculated at 8.8%. This rate was derived by comparing 2008 census data with today's population figure. The populations were 17,912 and 20,420 respectively — a gain of 2,508 people, during the ten-year period. This represents a 8.8% increase from the year 2008 to the present or a 0.8% average annual increase over this period. 1.3. Jurisdictional and MS4 Service Areas: Clemmons is composed of 12.054 square miles, all of which are included in the Storm Sewer Service Area. See Fig. 2.1 (Appendix A). 1.4. MS4 Conveyance System: The backbone of the Clemmons stormwater conveyance system is the three major creeks that drain the Village: Blanket Bottom Creek, Johnson Creek, and Muddy Creek. See Fig. 2.1 (Appendix A). Blanket Bottom Creek drains the area north of Interstate 40 and west of Lewisville-Clemmons Road, and includes drainage from unincorporated areas north of the Village. Blanket Bottom includes Lake Lasater and discharges to the Yadkin River within the Clemmons corporate limits. Johnson Creek drains the central portion of the Village south of Interstate 40 and includes drainage from a small area north of Interstate 40. Johnson Creek includes Lakes Brook, Meadow and Lea; and discharges to the Yadkin River through Tanglewood Park (outside of the Village corporate limits). Muddy Creek roughly parallels Lewisville-Clemmons Road and receives drainage from roughly the eastern half of the Village. The Muddy Creek watershed extends to Bethania (about 10 miles to the north) and drains about half of Winston-Salem. Clemmons' contribution is along a 9-mile reach where drainage from Clemmons enters the creek through at least 11 small tributaries. Muddy Creek discharges to the Yadkin River about 8 miles downstream of Clemmons. These three major creeks and their numerous tributaries are, for the most part, located on private properties except where they cross public streets. Maintenance is predominantly by individual private property owners along the creeks. Overall, the condition of the creeks is what would be expected from urban and suburban streams. Generally, the changing hydrologic regime brought on by urbanization causes down cutting which results in incised geomorphology, undercutting banks are generating Page 1 sediment loads that impact downstream areas, and minor flooding is experienced where floodplain encroachment occurs. Muddy Creek is categorized by the NC DENR Division of Water Quality as impaired for elevated nutrients, turbidity and fecal coliform primarily attributed to nonpoint source runoff from construction sites and developed areas. There are no other known water quality problems other than those typically experienced in urban streams. In residential areas of the Village, the drainage system typically starts as sheet flow over lawns and landscaped areas. Rooftop downspouts typically discharge onto lawns and grassed areas. As sheet flow coalesces into shallow concentrated flow, stormwater typically collects in street gutters, grassed swales, and ephemeral streams. From these overland conveyances, flow can continue as surface flow in ditches, streams and creeks or it can enter the underground conveyance system through catch basins and surface drainage inlets. Both surface and underground systems discharge into larger surface ditches and streams which connect to the major creeks. In commercial and industrial areas, more impervious surface most often results in stormwater being collected into an underground drainage system without much overland flow. Once in the underground system, flow moves quickly to discharge into surface ditches and creeks. The Village's drainage system is relatively young and has not advanced to the point of having long, large underground drainage networks. Generally, maintenance is minimal and suffices to keep the system operating as intended to convey flows quickly via an outfall to a larger surface ditch or creek. What maintenance is performed is focused on maintaining the stormwater quantity aspects of the Municipal Separate Storm Sewer System (MS4). 1.5. Land Use Composition Estimates: Clemmons includes 60.8 % Residential, 20.3% Commercial, 1.6% Industrial, and 17.3% Open Space. 1.6. TMDL Identification: A portion of the Village of Clemmons MS4 discharges into Muddy Creek for which a TMDL was approved in 2011. The Village has a TMDL for turbidity. Page 2 2. RECEIVING STREAMS Table 2.1 (Appendix A) provides a detailed listing of primary streams within the Village of Clemmons. Figure 2.1 (Appendix A) accompanies Table 2.1 and shows the location of each primary stream, major water body and other geographical features. 3. EXISTING WATER QUALITY PROGRAMS 3.1. Local Programs: Clemmons participates in the Water Supply Watershed Protection program and has an ordinance controlling development in the area generally west of Lewisville-Clemmons Road (north of US Highway 158) and west of Hampton Road (south of US Highway 158). This encompasses about 50% of the Village area. Forsyth County administers the delegated Erosion and Sediment Control program and the National Flood Insurance Program (NFIP) floodplain management program within the Village of Clemmons. 3.2. State Programs: The State does not operate any water quality programs within Clemmons. 4. PERMITTING INFORMATION 4.1. Responsible Party Contact List: The responsible person / position for each goal listed is Judy Cherry, Stormwater Administrator. See contact information below: NAME POSITION PHONE FAX Email Scott Buffkin Village Manager (336) 766-7511 (336) 766-7536 sbuffkin@clemmons.org Mike Gunnell Public Works Dir. (336) 766-9170 (336) 712-4040 mgunnell@clemmons.org Wesley Kimbrell Stormwater Eng. (336)766-9170 (336)712-4040 wkimbrell&clemmons.org 4.2. Organizational Chart: See chart in Appendix B. 4.3. Signing Official: The signing official for this permit application is Scott Buffkin, the Village Manager. As the local government manager, Mr. Buffkin is the principal executive officer for the jurisdiction as appointed by the elected board. 4.4. Duly Authorized Representative: (Not / Applicable) 5. CO -PERMITTING INFORMATION (IF APPLICABLE) The Village of Clemmons is not entering into a co -permitting arrangement with any other municipality. Page 3 6. RELIANCE ON OTHER GOVERNMENT ENTITY Name of the entity: Forsyth County Element to be Implemented: Construction Site Stormwater Runoff Control (Erosion & Sediment Control Program) Contact Information for the Responsible Party: Name: Matthew Osborne Address: 100 N. Main Street Winston-Salem, NC 27101 Phone: (336) 747-7453 A legal agreement is in place to establish the relationship and responsibilities of both parties. See Appendix C for a copy of the current agreement. Additional Entities / Elements. Name of Entity: Piedmont Triad Water Quality Partnership Elements Implemented: Public Education and Outreach Contact Information for Responsible Party. Name: Emily Harrison, Stormwater Technician II Address: 3800 Dillon Industrial Drive Clemmons, NC 27012 Phone: (336) 766-9170 An Interlocal Agreement is in place; see Appendix D for a copy of the agreement. The Village of Clemmons has been a member of the Piedmont Triad Water Quality Partnership since April 12, 2004. • As of July 1, 2018, the Piedmont Triad Water Quality Partnership Dissolved, however the surplus of funds the partnership had is being used for another year of media advertising for one additional year (July 2018 — June 30, 2019) Page 4 7. STORMWATER MANAGEMENT PROGRAM PLAN 7.1. Public Education and Outreach on Storm Water Impacts Clemmons is a member of the Piedmont Triad Water Quality Partnership, a collaboration of 18 local governments in the Piedmont Triad Region of North Carolina, working together to educate residents about stormwater and water quality issues; including non -point source pollution, regulations and best management practices. Target Pollutant Sources: Three groups of pollutant sources to be addressed by the Public Education Program include: 1. those pollutants that are normally generated by homeowners such as household chemicals, pesticides, herbicides, fertilizers, and yard waste; 2. pollution from illicit connections and discharges; 3. sediment pollution that typically results from land -disturbing activities. These are generally seen as the pollutant sources that are most prevalent in Clemmons and that are most manageable for the Village. Target Audience: Four general groups of citizens are targeted by the Public Education and Outreach Program, namely: 1. all citizen households of the Village; 2. local businesses and business owner/operators; 3. local students in the elementary, middle and high school grades; and 4. local development professionals including developers, architects, and engineers. The Village households are targeted because Clemmons is predominately residential and all citizens must understand stormwater quality issues. Local businesses are targeted because of the significant impact that commercial and industrial properties have on stormwater quality. Local students are targeted because of the long-term benefits of future generations developing good habits and understanding of stormwater quality and quantity issues. Local development professionals are targeted because of the impact these individuals have on new development and re- development within the Village. Recognizing the growth in the number of Hispanic citizens in the area, Spanish language strategies will be used where appropriate. All events and promotional efforts will be open to the public and all ethnic and economic groups will be encouraged to participate. Outreach Program: The Village will predominately use the resources of the Piedmont Triad Water Quality Partnership to distribute information and educate citizens about stormwater quality. The outreach mechanisms could be television commercials and radio advertising, newspaper and print ads, brochures and flyers, curriculum guides for schools, movie theater ads, promotional items with logo, PTWQP website (www.piedmontcleanstreams.org). Briefings to be presented to local civic and business groups will be developed which include examples of good and poor stormwater quality management practices, information on how citizens and businesses can improve stormwater quality, and general education information to improve public understanding of stormwater management issues. Page 5 Articles for local print media will be developed and distributed. The Village's website has been expanded to include a stormwater management section. In this section will be information on what citizens can do to reduce stormwater problems and links to other stormwater sites and resources including the North Carolina Department of Environment and Natural Resources Stormwater Website. With the dissolving of the Piedmont Triad Water Quality Partnership and the reduction of advertising the partnership provided, the Stormwater Department is starting to work in house for advertising outreach programs. The most recent in house advertising has included a Clemmons Stormwater Facebook page. This page is to inform residents and all of their Facebook followers on various educational materials, notices and upcoming events and activities we may be participating in. Information on Forsyth County's household hazardous waste disposal program is included in all newcomer packs for residents, along with being listed on the Clemmons website. A Stormwater Hotline with a discrete telephone number has been established where citizens can call to report pollution violations. Information on events and services relating to stormwater management, such as cleanup events and the stormwater hotline, will be promulgated via Facebook, the website, and newspaper articles. Evaluation: Regular dialogue will be maintained with other local governments regarding the successes and problems with similar efforts for this minimum measure. Discussions with other local government officials will be used to fine- tune subsequent activities to ensure that maximum impact is being achieved for this minimum measure. Page 6 7.2. Public Involvement and Participation Target Audience: Three general groups of citizens are targeted by the Public Involvement and Participation Program, namely: 1. all citizens of the Village, 2. local business and business owner/operators, and 3. local students in the elementary, middle school grades and high school. The Village citizens, local businesses, and local students are targeted to increase public involvement in various public activities intended to increase awareness of stormwater pollution issues and to improve stormwater quality by removing various sources of pollution through periodic cleanup events. Recognizing the growth in the number of Hispanic citizens in the area, Spanish language strategies will be used where appropriate. All events and promotional efforts will be open to all ethnic and economic groups. Participation Program: The public has been involved through citizen involvement in the Stormwater Advisory Board and citizen access through the Public Hearing process that has led to the development of the program and which will guide program implementation. The Village complies with all state and local notification requirements regarding land use regulations or issues directed by the Village of Clemmons Stormwater Management plan regulations. Other citizen involvement in the education and outreach activities will be sought as knowledgeable citizens are identified and recruited to participate in this process. Citizen involvement will be enhanced by participating in the biannual community clean up events, Adopt -A- Highway program, storm drain marking program, adopt a stream program, stream clean up, dog waste station installation and tree planting . The rationale for this program is to implement a public involvement/participation program that engages all economic and ethnic groups into reducing surface water pollution to the maximum extent practicable and to provide opportunities for the public to participate in program development and implementation. The underlying principle for public involvement and participation is that surface water pollution is most effectively controlled at the source. Only the public can accomplish that and involvement and participation will give the public a greater sense of ownership, buy -in, and understanding of the issues Evaluation: Regular dialogue will be maintained with other local governments regarding the successes and problems with similar efforts for this minimum measure. Discussions with other local government officials will be used to fine- tune subsequent activities to ensure that maximum impact is being achieved for this minimum measure. Page 7 7.3. Illicit Discharge Detection and Elimination MS4 Map: The existing outfall Inventory Map was developed by locating structures with a handheld GPS device and adding information such as size, material and condition. This information is managed in a digital GIS database and mapping system. This information will be combined with other currently available graphical information such as Village limits, streams and water bodies. Sources of existing information include the US Geological Survey, Forsyth County, the Winston-Salem/Forsyth County GIS Department and Planning Department. To maintain the current map, existing, added and suspected stormwater outfalls will be field located to verify their existence, location and other pertinent information such as size, material and condition. All existing and new information will be collected and managed in the digital GIS database and mapping system. Updating of the MS4 Map information will be accomplished through the use of as -built site plans that will be field located as needed by the Village Stormwater Administrator and staff. Regulatory Mechanism: The Village has adopted an ordinance to regulate the discharge of illegal substances into the MS4. See Appendix E. An ordinance was chosen as the appropriate regulatory mechanism because of the need to have legal authority to prohibit illegal discharges and to have legal authority to pursue whatever actions are necessary to eliminate such discharges. The ordinance will make non-stormwater discharges (with appropriate exceptions) illegal, will give authorized Village personnel right of entry onto private property to investigate and eliminate illegal discharges, will set forth penalties for non-compliance, and will establish procedures for administration of the ordinance. Enforcement: The Illicit Discharge Control Ordinance will charge the Stormwater Engineer or designee with implementing the Illicit Discharge Detection and Elimination program. The ordinance does specify legal penalties to be implemented in cases of non-compliance. Detection and Elimination: Clemmons will use a three -pronged approach to detecting and identifying illicit discharges. First, a dry -weather screening program will be conducted on all outfalls within the Village. Second, a stormwater hotline is available for citizens to make illicit discharge reports. Third, Village personnel will be trained to spot illicit discharges and to report incidents for investigation and elimination. Once an illicit discharge is suspected, it will be the responsibility of the Stormwater Staff to determine the source of discharge and to follow the Village's incident response process and policies to eliminate the discharge. Typically, the process of locating an illicit discharge will be to work upstream from the point of discovery until the source of discharge is determined. For safety reasons, the field investigation team will consist of at least Page 8 2 persons. Depending upon the type of pollutant involved, differing identification techniques may be used such as visual observations, smells, or chemical tests. Once the source of discharge is determined, the perpetrator will be required to cease discharging. An ordinance to control dog feces has been adopted. See Appendix E. It is the responsibility of the dog's owner to clean up the dog's feces from any public or private property outside the dog's owners own property limits. Dry -weather Screening for Non-stormwater Flows: The MS4 Map will be used to identify priority dry -weather screening areas covering a minimum of 25% of the Village area. Priority screening areas will include those areas most likely to contribute pollution resulting from illicit discharges and dumping. These are likely to contain the older sections of the Village and most commercial and industrial areas. At least 25% per year of the Village will be screened by visiting each stormwater outfall in the priority area and checking for dry -weather flow (e.g. flow from outfalls following at least 72 hours of no measurable precipitation) If flow or standing water is present, testing will be performed. Indicators of potential pollution can be odor, visually observable pollution, high pH or temperature, dead plants or animals, positive chemical tests for pollutants, etc. Pollutants that may be chemically tested could include detergents, petroleum products, fecal coliform, chlorine, organic compounds, nutrients, etc. Hotline and Incident Response: A stormwater hotline has been established in the Public Works Department to provide a mechanism for citizens to report violations, problems and complaints. This hotline will use an answering device and will be monitored at least daily by the Stormwater Staff. The Village will respond to hotline reports within 2 working days. The Village has developed a stormwater incident response process and policy to guide Village personnel when dealing with reported or discovered stormwater problems. The policy will define procedures to be followed in researching stormwater problems, resolving problems, and if need be, escalating levels of notification and enforcement to eliminate problems. Non-Stormwater Discharges: De -chlorinated swimming pool discharges are allowed only if free and total chlorine is less than 1 ppm. Street wash water - excess mud, sediment, debris and other pollutants shall be removed to prohibit such from entering the drainage system. Outreach: The message of illicit discharges will be interspersed in educational materials, on the Village website, and on the Clemmons Stormwater Facebook page so that the public will be aware and informed of the issue. Storm drain markers are placed on drains by volunteers that read "No Dumping — Drains to Creek". New businesses opening in Clemmons will be briefed on the illicit Page 9 discharge ordinance and compliance requirements. Village employees will be trained on the illicit discharge requirements and the Village will regulate itself to be in compliance. Staff Training: The Public Works Staff will be trained on detecting and reporting illicit discharges and connections. Training will include workshops and the video "Municipal Stormwater Pollution Prevention" by Excal Visual. Evaluation: The Village will maintain records of all illicit discharge reports, investigations and resolutions. Comparisons will be made from year to year to identify any trends or changes to this aspect of the stormwater program. Additionally, regular dialogue will be maintained with other local governments regarding the successes and problems with similar efforts for this minimum measure. Results of the records, analyses, and discussions with other local government officials will be used to fine-tune subsequent activities to ensure that maximum impact is being achieved for this minimum measure. Page 10 7.4. Construction Site Stormwater Runoff Control The Village of Clemmons will rely on the Forsyth County Erosion Control regulations and permitting process to reduce pollutants due to stormwater runoff from construction activities. This program has already been adopted and is in effect for Forsyth County, the City of Winston-Salem, and the Village of Clemmons. The purpose of the procedures established by this program is to control accelerated erosion and sedimentation from land disturbing activities in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and other private property. The Construction Site Stormwater Runoff Control measure requires that a land disturbance of greater than or equal to one acre (including those disturbances which are part of a large common plan of development that would disturb one or more acres) be addressed by the program. The Village of Clemmons Erosion Control Ordinance satisfies this requirement. The ordinance states that an erosion control plan be prepared and approved for any land disturbing activity that: • Exceeds twenty thousand (20,000) square feet in surface area on one tract for construction of a single family dwelling, or • Exceeds ten thousand (10,000) square feet in surface area on one tract for any other purpose than a single family dwelling. Regulatory Mechanism: The Village of Clemmons Erosion Control Ordinance, which has been adopted as part of the Unified Development Ordinances for Forsyth County, is the appropriate regulatory mechanism for this measure. This ordinance was chosen because of the need to have legal authority to require sediment and erosion controls during construction activities and to have legal authority to pursue whatever actions are necessary to enforce the proper implementation of erosion control plans to reduce pollutants at construction sites during storm water events. A copy of this ordinance is included as Appendix C to this permit application. This ordinance establishes the requirements and procedures for construction site operators to implement appropriate erosion and sediment control best management practices. The responsibility for administration of the ordinance is that of the Forsyth County Superintendent of Inspections. The ordinance requires: • Development of erosion control plans that address the following control objectives: a) Identify and address on -site critical areas especially vulnerable to damage from erosion and/or sedimentation, b) Plan and conduct all land disturbing activity to minimize the time of exposure, c) Plan and conduct all land disturbing activity to minimize the size of the area exposed at any one time, Page 11 d) Control surface water runoff originating upgrade of exposed area to reduce erosion and sediment loss, e) Plan and conduct all land disturbing activities to prevent off - site sedimentation damage, f) Manage storm water runoff velocity to minimize accelerated erosion of the site and increased sedimentation of receiving watercourse, and g) Plan and conduct all land disturbing activity so as to protect floodway and flood fringe areas. The land disturbing activities shall incorporate the use of mandatory standards including buffer zones, properly graded slopes, ground cover and vegetation of slopes, encroachment limits in floodway and floodway fringe areas. • Review and approval of erosion control plans, • Purchase of a permit for approved land disturbing activities, • Plan and conduct land disturbing activity so that post construction ten year storm runoff satisfies stated velocity criteria, • Plan and conduct land disturbing activities so as to minimize the extent and duration of disturbance of the stream channel, except when justification for significant alteration to flow characteristics is provided. • Maintenance of temporary and permanent erosion and sedimentation controls during construction and post construction, • Improvement security in the form of an escrow account with the Village Finance Director may be required of permit applications where grading or vegetation removal impacts an area in excess of five acres, • Inspections of land disturbing activities by the Superintendent of Inspections, • Penalties for civil and/or criminal violations of provisions in ordinance. The Village currently has an ordinance to control construction site litter and debris. This ordinance will be expanded to cover concrete truck washout and chemicals. The North Carolina Building Code requires that each construction site have sanitary facilities during construction and this issue is enforced for Clemmons by the Forsyth County building inspectors. A copy of the litter control ordinance is provided in Appendix C of this document. Page 12 Plan Reviews: Persons conducting a land disturbing activity meeting the requirements for permitting shall file three (3) copies of the erosion control plan with the Superintendent of Inspections at least thirty (30) days prior to beginning the activity. One copy of the erosion control plan will be retained by the Superintendent of Inspections, one copy will be forwarded to the Forsyth Soil and Water Conservation District, and one copy shall be kept at the job site. The Forsyth Soil and Water Conservation District, within twenty (20) days of receipt of any plan, or within such additional time as prescribed by the Superintendent of Inspections, shall review the plan and submit its comments and recommendations to the Superintendent of Inspections. The Superintendent of Inspections will review each complete plan submitted to him/her and within thirty (30) days of receipt will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Denial of a plan must specifically state in writing the reasons for denial. The Superintendent of Inspections must approve or deny a revised plan within fifteen (15) days of receipt, or is deemed to be approved. Approval of the Erosion Control Plan is conditioned on the applicant's compliance with Federal and State water quality laws, regulations, and rules. A copy of the Erosion Control Plan for any land disturbing activity that involves the utilization of ditches for the purpose of de -watering or lowering the water table must be forwarded to the Director of the Division of Water Quality. Any plan submitted for a land disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (North Carolina General Statute 113A-1) shall be deemed incomplete until a complete environmental document is available for review. Based on historical data, it is estimated that 50 erosion control plans will be submitted for review per year from Clemmons. One hundred percent of these plans will be reviewed by the Superintendent of Inspections. A process for appealing plan disapproval or approval with modifications is provided for in the Erosion Control Ordinance. Additionally, following commencement of a land disturbing activity pursuant to an approved plan, if the Superintendent of Inspections determines that the plan is inadequate to meet the Erosion Control Ordinance requirements, the Superintendent of Inspections may require revisions to the plan as necessary for ordinance compliance. Enforcement: Violation of the Erosion Control Ordinance by failing to conduct land disturbing activities in accordance with an approved plan where one is required will result in various sanctions as documented in the Ordinance. These sanctions take the following forms: Page 13 BUILDING PERMIT/CERTIFICATE OF OCCUPANCY WITHHELD • No building permit shall be issued until the required temporary erosion control measures are installed in accordance with the approved plan. • No certificate of occupancy shall be issued or granted where required under applicable subdivision or zoning regulations or other laws and ordinances until the required erosion control measures have been completed in accordance with a valid permit. CIVIL PENALTIES No penalty shall be assessed until the person has been notified of the violation by registered or certified mail, return receipt requested, or other means to give actual notice. The notice shall describe the violation, specify a reasonable time period to correct the violation, and warn that failure to correct the violation within the specified time period will result in the assessment of a civil penalty or other enforcement action. • Any person who commences grading activities without a permit where required shall be subject to a penalty equal to double the normal permit fee, not to exceed one thousand dollars ($1000). • Any person violating any of the Erosion Control Ordinance provisions except that of not submitting an erosion control plan shall be subject to a civil penalty of not more than five thousand dollars ($5000). The Superintendent of Inspections shall determine the amount of the civil penalty to be assessed by taking into consideration the degree and extent of harm caused by the violation and cost of rectifying the damage. Notice of the assessment shall be by registered or certified mail or other means reasonably calculated to give actual notice. If payment is not received or equitable settlement not reached within thirty (30) days after demand for payment is made, the matter will be referred to the Village Attorney for institution of a civil action in the name of the Village of Clemmons. CRIMINAL PENALTIES Any person who knowingly or willingly violates the provisions in the Erosion Control Ordinance, or rule or order adopted or issued pursuant to the Ordinance, or knowingly or willfully initiates or continues a land disturbing activity for which an erosion control plan is required but does not have an approved plan and permit, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed five thousand dollars ($5,000). Inspections: The Superintendent of Inspections shall have the power to conduct investigations as he may reasonably deem necessary to carry out his duties. This includes entering at reasonable times upon the property, public or private, for the purpose of investigating and inspecting the sites of any land disturbing activity. No person shall refuse entry or access to any authorized representative or agent of the city who requests entry for purposes of inspection, and who presents appropriate credentials. Page 14 Public Information: Forsyth County has administered this program since its inception and maintains public awareness of the program and its requirements. Evaluation: Forsyth County is responsible for the continual evaluation of this Minimum Measure. Page 15 7.5. Post -Construction Storm Water Management in New Development and Redevelopment The Village of Clemmons has developed a Post Construction Stormwater Management Program to ensure that controls are in place that will prevent or minimize water quality impacts from new development and redevelopment projects that cumulatively disturb one acre or more, and from projects less than an acre that are part of a larger common plan of development or sale that disturbs an acre or more. The Village Water Supply Watershed Protection Ordinance and Program has been combined with the Post Construction Stormwater Management Program to create a comprehensive ordinance and program that meets the needs of both programs. This ordinance was submitted for approval by the NCDENR and adopted by the Village Council on September 10, 2007 and will be the regulatory mechanism to accomplish this program. The Village will use the NCDENR DWQ Stormwater BMP Manual for the identification of suitable structural BMPs to be used by developers, engineers and landscape architects to meet the water quality goals for new development and redevelopment. Non-structural BMPs will be identified and implemented, required, or encouraged as appropriate for the situation BMP Operations and Maintenance: BMP usefulness to achieve the purpose of reducing pollutants in surface waters is dependent on proper operation and maintenance of the BMP. The program and ordinance requires proper operation and ongoing maintenance for the life of the BMP. Operation and maintenance agreements are a prerequisite for site and project approvals and must be signed by the owner/developer prior to issuance of a stormwater management permit. The O & M agreement must be recorded with the County Register of Deeds prior to any Certificate of Occupancy. Suitable BMP operations and maintenance are enforceable through civil and criminal penalties as stated in the Post Construction Stormwater Management Ordinance. The ordinance requires the owner/developer to post a performance bond or other cash security, together with a contractual lien, BMP access easement and restrictive covenants prior to issuance of the Stormwater Management Permit. The program includes a requirement that the owner of a permitted structural BMP, submit annually to the local program, a maintenance inspection report on each structural BMP. The inspection must be conducted by a qualified professional. Fecal Coliform Control: Village personnel will be trained to identify surface water pollution from leaking on -site treatment systems for domestic wastewater (septic tanks and nitrification fields). Where incidents of fecal coliform contamination are discovered, the Forsyth County Health Department will be notified to remedy the problem. Village personnel will follow up with the Forsyth County Health Department to determine and document the resolution of these incidents. Page 16 TR Waters: The Village of Clemmons does not contain or drain to TR (public mountain trout waters) waters. NS Waters: The Village of Clemmons does not contain or drain to NS (designated nutrient sensitive) waters. Non -Structural BMPs: In 2001, Forsyth County, Winston-Salem, and the small towns of Forsyth County (including Clemmons) adopted "Legacy — A Development Guide for the New Century in Winston-Salem and Forsyth County". This document and the development guidance it contains, seek "to reduce sprawl, create a more compact and balanced urban development pattern and preserve open space and rural character." Key elements of this guide include directing growth to Municipal Service Areas (MSAs) where public infrastructure and services are concentrated. Clemmons currently relies on other programs such as the 401/404 permit programs, Water Supply Watershed Protection program, and State buffer requirements to protect sensitive areas such as wetlands and riparian areas. We have merged the local Water Supply Watershed Protection program into the Post Construction Stormwater Management program and leave others unaffected. The Village does not have a dedicated program for open space acquisition. The site plan development review process will encourage (but not require beyond what is contained in the State requirements) developers to minimize impervious surfaces and to minimize disturbance of soils and vegetation. In 1998, Clemmons adopted the "Clemmons Area Development Guide" as its guidance document for new development. As a part of its Land Use guidelines, the Guide considers the following as conditions of site plan approval: • Discourage construction within 100' of streams, lakes or wetlands. • Discourage development within floodplains. • Develop stormwater management plans to minimize runoff volumes and pollutants. • Design in accord with natural drainage systems. Promote the use of grassy swales and other bioengineering techniques for stormwater management. As described above, the Legacy document encourages infill development in higher density urban areas, and areas with existing storm sewer infrastructure. The City -County Planning Board (CCPB) is currently considering incentives to encourage developers to pursue infill developments. When the County implements these incentives, Clemmons will consider adoption. Page 17 Clemmons will promote education programs for developers and the public about project designs that minimize water quality impacts as a part of the Public Education and Outreach minimum measure. Other measures such as minimization of the percentage of impervious area after development, use of measures to minimize directly connected impervious areas, and source control measures often thought of as good housekeeping, preventive maintenance and spill prevention will be considered as components of the program. Structural BMPs: Storage practices such as wet ponds and extended -detention outlet structures will be components of the program to the extent required by the State. Filtration practices such as grassed swales, bioretention cells, sand filters and filter strips will be encouraged through the site plan review process. Infiltration practices such as infiltration basins and infiltration trenches will be encouraged through the site plan review process. Generally, the Village will not require engineers or developers to use specific BMPs. The Village will allow BMPs approved by the North Carolina Department of Environment and Natural Resources in the BMP Manual. Proprietary BMPs approved by this entity will also be allowed. Stormwater Permit: Currently, through the Village of Clemmons Planned Residential Development Standards the Village allows some density bonuses for the protection of steep slopes and streams. The Village of Clemmons developed a comprehensive plan, the Community Compass in 2010 that denotes objectives to help protect natural resources through the development process with conservation, cluster and LID developments. The Phase II Stormwater Quality Management Ordinance was amended to require stream buffers on all new development of non -single family residential parcels regardless of size. In high density development, stream buffers are 30 feet landward (100 feet landward for areas located within the designated public water supply watershed area) of all perennial and intermittent surface waters. Developments are limited to 70% impervious coverage within WS-IV watershed areas. The Floodway and Floodway Fringe Regulations Ordinance was amended to change the regulatory Flood Protection Elevation. Structures must be built two (2) feet above the base flood elevation. In 2013, the Village adopted a text amendment with the guidance of the North Carolina Administrative Code and new legislation with additional requirements for paired parcel to be located within the same water basin. Paired parcel development shall be allowed for both residential and non-residential development and must meet the minimum requirement of the Village of Page 18 Clemmons watershed protection requirements. The application for density averaging shall be obtained by the Watershed Review Board which is the Clemmons Zoning Board of Adjustment and a Density Averaging Permit shall be issued if the board deems it appropriate. The Village also addressed TSS removal and buffer requirements for parcels under once acres that have streams traversing a portion of the parcel. A copy of the text amendment is included in the appendix for documentation. (See Appendix F) Open Space Protection: The Village of Clemmons promotes the Yadkin River Zoning District in Growth Management Area five, which provides low density residential development with a minimum lot size of three acres. The Yadkin River Conservation District is located adjacent to the Yadkin River and has the following objectives: protection of water supply, maintenance of rural character, protection of sensitive natural, historical, recreational, and visual resources, retention of natural topography and vegetation, control of sedimentation and other nonpoint source pollution and encourages and supports agricultural activities The Village of Clemmons requires open space to be dedicated through the Planned Residential Development approval process. This allows density bonuses for the preservation of open space. Within the comprehensive plan process the Village is looking at opportunities to strengthen required open space through incentives in conventional and planned residential developments as well as commercial sites. In 2010, the Village updated the subdivision ordinance to require usable open space through the conventional subdivision development and provides incentives for low density development such as ribbon pavements and ditches instead of curb and gutter. Furthermore, the Village further modified the subdivision ordinance to ensure engagement in activities and practices that will help mitigate the impacts of natural hazards as well as strive to keep infrastructure extensions out of hazardous areas in order not to actively encourage development to occur in known hazardous areas. The Village also added language to the subdivision ordinance to increase control over development in the floodplain to prevent increases in flood velocities that endanger both people in property in Forsyth County and downstream properties. In review of stormwater related issues through the permitting process staff provided some clarification to this section on the Clemmons Unified Development Ordinance. Staff added the definition, common development plan, to clarify how to handle phased developments. Furthermore, in the "Attachment A" to both the Stormwater Quality and Quantity Ordinance changes were made to reflect a definition change from structure to systems as well as watershed administrator to stormwater administrator. Lastly, the amendment modifies the requirement for a "new" owner of a stormwater control system from a new permit to filling out a transfer of ownership form. This will allow the stormwater administrator the Page 19 ability to keep track of ownership transfer from a developer to a homeowners association and not require a new agreement to be put in place. Approximately 28.8% of the Village of Clemmons and its surrounding area is dedicated as open space through developed/greenfield areas and about 1.7% of that is dedicated park land. The Village monitors development in the area of consideration as it will have an impact on stormwater within the Village boundaries; furthermore, someday the land surrounding the limits will be annexed. The Village of Clemmons is fortunate to have Tanglewood Park, a county facility of over 1,000 acres directly adjacent to the municipal boundaries that provides a recreational amenity and a large area for the infiltration of stormwater. All school sites within the community provide an open space component for children's activities during the day and public use in the evening and on the weekend. The Village of Clemmons is also fortunate to have a very active YMCA that provides walking trails and ball field surrounding its structure. Tree Preservation: The Village of Clemmons currently requires large variety tree plantings and at least a five foot planting strip through the special use rezoning process along thoroughfares where such planting is feasible. The Village also requires a multitude of buffer requirements based on density of a proposed development; if a property owner removes required tree plantings in the bufferyard then our code enforcement division sends a Notice of Violation and requires the trees/vegetation to be replanted. The Village of Clemmons adopted a tree preservation ordinance in 2011 which provides regulations to protect, maintain and enhance the urban tree canopy. The ordinance provides specific requirements for tree save percentages based on use and parcel size. See the tree preservation ordinance included in the appendix for more information. (See Appendix G) Through our long range planning and small area plan documents we recommend street tree plantings in appropriate locations as well as ordinance requirements under the general design requirements. The Village of Clemmons Public Works Department plants trees along public rights of ways and works under an agreement with NCDOT to plant trees/shrubs in specific rights of ways owned by the Department of Transportation. The Village is committed to provide both the environment and aesthetic benefits of an urban tree canopy. Redevelopment: The Village of Clemmons currently recommends developing infill sites rather than greenfield opportunities in both the Forsyth County Long Range Plan, Legacy and the Village Clemmons Community Compass. The Village recently adopted an overlay for an existing commercial corridor that requires specific design requirements for redevelopment including landscaping, building design, sidewalks, and right-of-way dedication at specific trigger points. The geographic area provides a significant stormwater run-off due to the amount Page 20 of pre-existing impervious coverage and with the new requirements in place as sites redevelopment a portion of the site will become pervious through trigger points. The ordinance is included in the appendix for further review. (See Appendix G). Development in Areas with Existing Infrastructure: The Village of Clemmons Future Land Use plan directs growth in areas where there is adequate infrastructure and discourages high density adjacent major water sources, floodplains, and conservation areas. The land use plans allows developers, citizens, and elective officials make appropriate decisions about growth in the community. Mixed Use Development: The Village of Clemmons allows for mixed use development through the Pedestrian Business and Mixed Use Zoning districts. These districts encourage numerous different uses in one development and provide pedestrian elements. The Village also updated the Mixed Use zoning district to help encourage a comprehensive mixed development on greenfield sites within the Village of Clemmons. Currently the Village of Clemmons does not have any measures for transit oriented development; however the long range plans of Piedmont Area Regional Transportation Authority (PART) is to provide the terminus of the light rail system in Clemmons. This system will connect the Piedmont Triad to the Triangle and Charlotte area. The Village of Clemmons has noted this in their updated long range planning document and will facilitate TOD standards at the appropriate time. Street Designs: The Village of Clemmons encourages more urban street standards in and around activity centers, such as Village Point. The Village Point Small Area Plan calls for neighborhood street standards. Through the development review process the Village required narrow travel lanes with bicycle accommodations, planting strips, street trees and sidewalks. The complete street concept has been implemented in such "new urbanism" developments across the Village. The Village Point Design Guidelines recommend shared driveways, alleys with rear garages and narrow travel lanes through the residential areas of Village Point. Green Infrastructure and Street Design: The Village of Clemmons currently does not have any measures in places to encourage green infrastructure and street design but will provide action items in the updated long range plan to explore such opportunities. Reduced parking requirements: The Village of Clemmons allows for parking reductions in pedestrian -friendly zoning districts such as pedestrian business Page 21 (30%), neighborhood office (15-30%%), neighborhood business (30%), Major Retail Business District(varies with use, no reduction for some uses, 50% -no parking requirement), Mixed Use District (15%). The developer must meet certain criteria in order to receive the reduction. Transportation Demand Management Alternatives: Currently the Village of Clemmons does not offer any incentives for these options. However with the development of sustainability chapter in the long range plan update these ideas are being addressed and encouraged. The Village of Clemmons currently does not have public transportation located within the village. Starting in December 2009, the Piedmont Regional Transportation Authority, PART, is offering a temporary bus location at a retail establishment in Clemmons that will allow residents to park their car and take the bus to destinations in Winston-Salem and Greensboro. Minimizing Stormwater in Parking Lots: The Village of Clemmons requires landscaping standards for all motor vehicle surface areas in new development applications. The Village requires larger planting beds and large variety trees to be planted within motor vehicle surface areas allowing a reduction in the number of parking spaces required for new development. The Village is also exploring parking maximum standards for all new development with the update of the Clemmons Community Compass. Green Infrastructure practices: Certain green infrastructure practices, such as infiltration in rights of ways, the use of cisterns and rain barrels are allowed. Permeable pavement in the piedmont does not seem to work well because of clay soils. Storm water comments are given in the pre -site plan review during the Technical Review Committee meetings. A pre -application consultation meeting must be scheduled before applying for a Stormwater Management Permit. Forsyth County Inspections regulates building codes and plumbing codes. The Village can work with the county to allow harvesting rain water for non -potable uses. The Village has not considered off -site management or "payment in lieu" programs. Maintenance/Enforcement: As stated previously in this section, the Village requires a recorded O & M Agreement, access easements, annual inspection and a performance bond. Green Infrastructure strategies: Over the next several years, the Stormwater Advisory Board will consider Green Infrastructure Strategies and Low Impact Development. Page 22 Evaluation: The Village will maintain records of all stormwater problem reports, investigations and resolutions. Comparisons will be made from year to year to identify any trends or changes to this aspect of the stormwater program. Additionally, regular dialogue will be maintained with other local governments regarding the successes and problems with similar efforts for this minimum measure. Results of the records, analyses, and discussions with other local government officials will be used to fine-tune subsequent activities to ensure that maximum impact is being achieved for this minimum measure. Page 23 7.6. Pollution Prevention/Good Housekeeping for Municipal Operations Affected Operations: As a small municipality, the Village of Clemmons does not own any large facilities or properties and does not own any industrial that have or are required to have NPDES permits. The Village Public Works Center is a small, maintenance -type facility on about 8.0 acres at 3800 Dillon Industrial Drive at the south end of the Village. At this facility, the Village headquarters it's small Public Works staff and stores and maintains equipment and materials used in limited Public Works activities. The other major holding of the Village is the Village Hall property at 3715 Clemmons Road consisting of the Village Hall, offices and parking lots on 1.96 acres. The Village, also, owns a small pocket park on 1.2 acres. The Village does not own or operate water or wastewater treatment facilities, solid waste collection or management facilities, or a public transportation system. The Public Works Department primarily does limited maintenance on the approximately 80 miles of Village owned streets and rights - of -way within the Village. Training: The Village will undertake a training program to ensure Village employees, particularly maintenance staff, are knowledgeable about stormwater quality issues. Training will include workshops and the video "Municipal Stormwater Pollution Prevention" by Excal Visual. Topics to be addressed are to include vehicle and building maintenance activities, lawn and landscaping activities, parking lot maintenance, new construction and land disturbing activities, drainage system maintenance, and sediment and debris disposal. Employees will be informed about outreach activities directed at the public and will be involved from time to time with those activities. Maintenance and Inspections: In addition to maintenance of Village properties, maintenance and inspection activities will include the Village's rights - of -way. Maintenance includes street sweeping of all curbed streets within the Village. The business district will be swept weekly; all other curbed streets will be swept every 90 days. At least 10% annually of the drainage system within the Village rights -of -way will be inspected, cleaned and restored as needed. At least 25% of the right-of-way drainage system will be inspected annually to identify any major deficiencies. Following each major rainfall event or at least once quarterly, the Public Works Department will inspect all curb and gutter inlets and outfalls to detect major deficiencies or maintenance problems. Vehicular Operations: An indoor vehicular wash bay has been built at the Public Works Facility. All vehicles and equipment are required to be washed within this area. Pollutants to be addressed will include trash and debris, petroleum products, and vehicular consumable byproducts (anti -freeze, brake linings, tire wear, etc.). Page 24 Waste Disposal: Generally, wastes from current operations and maintenance of stormwater facilities on Village property and in the Village right-of-way consists of sediments, organic materials, floatables and other debris. Disposal of these wastes is handled in a manner consistent with other, similar wastes, for example sediments may be recycled as fill or landscaping material, organic materials (leaves, tree limbs, etc.) may be recycled as mulch, and floatables and debris may be landfilled. A waste disposal plan will be developed for wastes generated from stormwater system operations and maintenance. Following development, the plan will be implemented for the remainder of the permit period. Other evaluations: No other evaluations were performed. Evaluation: Regular dialogue will be maintained with other local governments regarding the successes and problems with similar efforts for this minimum measure. Discussions with other local government officials will be used to fine- tune subsequent activities to ensure that maximum impact is being achieved for this minimum measure. Page 25 ..-. -lilts -, Nl0 JC-N2 � 1 Z 7� John m Creek N A / _N�ghwaY 421 MC.w9 M c� Mai CIO � Q7� m 6 O O X o 2 r d 3 c � o a I M i C, Legend EA Streets a�5 Rivers & Streams a Clemmons Winston-Salem/Lewisville Table 2.1 Yadkin River Basin Receiving Stream Name Description Stream Segment Water Quality Classification Use Support Rating Water Quality Issues 303(d) List Yadkin River From Davie County water supply intake to 12 - (86.7) WS-IV Supporting No point 0.5 mile upstream of Carters Creek Yadkin River - Unnamed Tributaries (per USGS Map) YR-IB (Ingram's Branch) From source to Yadkin River 0.2 mile None Not Not Rated No south of Forsyth County water supply Identified Classified intake on Yadkin River YR-IB-E1 From source to Ingram's Branch (YR-IB) None Not Not Rated No about 200 feet upstream into Village of Identified Classified Clemmons limits near Tanglewood Park YR-El From source to Yadkin River 0.2 mile None Not Not Rated No downstream of US 158 Identified Classified YR-E2 From source to Yadkin River 0.5 mile None Not Not Rated No upstream of Blanket Creek Oust within Identified Classified Village of Clemmons limits) From source point 0.3 miles upstream of Blanket Creek (and Lasater Lake) Forsyth County SR 1100 to Yadkin River 12 - 90-(2) WS-IV Supporting No Blanket Creek - Unnamed Tributaries (per USGS Map) BC-W1 From source to Lasater Lake None Not Not Rated No (west most tributary on north side of Lake) Identified Classified BC-W2 From source to Lasater Lake None Not Not Rated No (north central tributary to Lake) Identified Classified BC -El From source to Lasater Lake None Not Not Rated No (southern tributary to Lake) Identified Classified BC-E2 Entire eastern tributary to Blanket Creek None Not Not Rated No (confluence with Blanket Creek 0.5 mile Identified Classified north of Lasater Lake) Page 1 of 5 Table 2.1 Yadkin River Basin Receiving Stream Name Description Stream Segment Water Quality Classification Use Support Rating Water Quality Issues 303(d) List Blanket Creek - Unnamed Tributaries (per USGS Map) continued BC-W3 Entire western tributary to Blanket Creek None Not Not Rated No (confluence with Blanket Creek at Identified Classified Peace Haven Rd) BC-W4 Entire western tributary to Blanket Creek None Not Not Rated No (confluence 0.5 mile upstream of Peace Identified Classified Haven Rd crossing of Blanket Creek) BC-E3 Entire eastern tributary to Blanket Creek None Not Not Rated No (confluence 0.6 mile upstream of Peace Identified Classified Haven Rd crossing of Blanket Creek) BC-W5 Entire western tributary to Blanket Creek None Not Not Rated No (confluence 0.4 mile downstream of Harper Identified Classified Rd crossing of Blanket Creek) BC-E4 Entire eastern tributary to Blanket Creek None Not Not Rated No (confluence with Blanket Creek at Identified Classified Harper Rd) BC-E5 Entire eastern tributary to Blanket Creek None Not Not Rated No (confluence 0.5 mile upstream of Harper Identified Classified Rd crossing of Blanket Creek) BC-E6 Entire eastern tributary to Blanket Creek None Not Not Rated No (confluence 0.7 mile upstream of Harper Identified Classified Rd crossing of Blanket Creek) BC-W6 Entire western tributary to Blanket Creek None Not Not Rated No (confluence 0.5 mile downstream of Identified Classified Hwy 421 crossing of Blanket Creek) BC-E7 Entire eastern tributary to Blanket Creek None Not Not Rated No (confluence 0.1 mile downstream of Identified Classified Hwy 421 crossing of Blanket Creek) Johnson Creek From Source to Yadkin River 12 - 91 WS-IV Supporting No Page 2 of 5 Table 2.1 Yadkin River Basin Receiving Stream Name Description Stream Segment Water Quality Classification Use Support Rating Water Quality Issues 303(d) List Johnson Creek - Unnamed Tributaries (per USGS Map) JC-N1 Entire northern tributary to Johnson Creek None Not Not Rated No (confluence 0.1 mile upstream of Johnson Identified Classified Creek confluence with Yadkin River) JC-N2 Entire northern tributary to Johnson Creek None Not Not Rated No including Lea Lake, Meadow Lake and Identified Classified Brook Lake in Village of Clemmons (confluence 1 mile upstream of Johnson Creek confluence with Yadkin River) JC-Si Entire southern tributary to Johnson Creek None Not Not Rated No (confluence 0.1 mile upstream of Johnson Identified Classified Creek crossing of Tanglebrook Trail in Village of Clemmons) JC-S2 Entire southern tributary to Johnson Creek None Not Not Rated No (confluence 0.2 mile upstream of Johnson Identified Classified Creek crossing of Tanglebrook Trail in Village of Clemmons) JC-N3 Entire northern tributary to Johnson Creek None Not Not Rated No (confluence with Johnson Creek located Identified Classified at Roquemore Rd in Village of Clemmons) JC-N4 Entire northern tributary to Johnson Creek None Not Not Rated No (confluence 0.6 mile downstream of Identified Classified Johnson Creek crossing of Bickerstaff Rd in Village of Clemmons) JC-S3 Entire southern tributary to Johnson Creek None Not Not Rated No (confluence 0.2 mile downstream of Identified Classified Johnson Creek crossing of Middlebrook Dr in Village of Clemmons) Page 3 of 5 Table 2.1 Yadkin River Basin Receiving Stream Name Description Stream Segment Water Quality Classification Use Support Rating Water Quality Issues 303(d) List From source to a point 0.8 miles upstream Muddy Creek of mouth 12 - 94 - (0.5)b C Supporting No Muddy Creek - Unnamed Tributaries (per USGS Map) MC-W1 Entire western tributary to Muddy Creek None Not Not Rated No (confluence 0.6 mile downstream of Identified Classified Muddy Creek crossing of railroad tracks at Village of Clemmons eastern limits) MC-W2 Entire western tributary to Muddy Creek None Not Not Rated No (confluence slightly north of the Identified Classified Muddy Creek crossing of railroad tracks at Village of Clemmons eastern limits) MC-W3 Entire western tributary to Muddy Creek None Not Not Rated No including small lakes and ponds Identified Classified (confluence slightly north of the Muddy Creek crossing of railroad tracks at Village of Clemmons eastern limits) MC-W4 Entire western tributary to Muddy Creek None Not Not Rated No (confluence 0.35 mile upstream of Identified Classified Muddy Creek crossing of railroad tracks at Village of Clemmons eastern limits) MC-W5 Entire western tributary to Muddy Creek None Not Not Rated No (confluence 0.7 mile upstream of Identified Classified Muddy Creek crossing of railroad tracks at Village of Clemmons eastern limits) MC-W6 Entire western tributary to Muddy Creek None Not Not Rated No (confluence 0.6 mile downstream of Identified Classified Muddy Creek crossing of 140) MC-W7 Entire western tributary to Muddy Creek None Not Not Rated No (confluence located slightly north of Muddy Identified Classified Creek crossing of 140) Page 4 of 5 Table 2.1 Yadkin River Basin Receiving Stream Name Description Stream Segment Water Quality Classification Use Support Rating Water Quality Issues 303(d) List Muddy Creek - Unnamed Tributaries (per USGS Map) continued MC-W8 Entire western tributary to Muddy Creek None Not Not Rated No (confluence located 0.1 mile upstream of Identified Classified Muddy Creek crossing of Peace Haven Rd) MC-W9 Entire western tributary to Muddy Creek None Not Not Rated No (confluence located 0.4 mile upstream of Identified Classified Muddy Creek crossing of Peace Haven Rd) MC-W10 Entire western tributary to Muddy Creek None Not Not Rated No (confluence located 0.7 mile downstream of Identified Classified Muddy Creek crossing of Hwy 421) MC-W11 Entire western tributary to Muddy Creek None Not Not Rated No (confluence located 0.3 mile downstream of Identified Classified Muddy Creek crossing of Hwy 421) Data Source - NC DENR - Division of Water Quality - NC Water Quality Assessment and Impaired Waters List (2018 Draft Integrated 305(b) and 303(d) Report) Dated June 3. 2019 Page 5 of 5 ZUIS NC Intergrated Report Yadkin -Pee Dee River Basin 12-94-(0.5)c Upper Yadkin Subbasin Silver Dissolved Chronic (varies, AL, FW) '1 Meeting Criteria Turbidity (50 NTU, AL, FW miles) 3t Data Inconclusive Water Temperature AL, LP&CP) 1 Zinc Dissolved Chronic (varies, AL, FW) 1 1 - - Meeting Criteria Muddy Creek From SR 2995 to a point 0.8 mile upstream of mouth Length or Area (Classification C Parameter of Interest Dissolved Oxygen (4 mg/I, AL, FW) Fecal Coliform (GM 200/400, REC, FW) Fish Tissue Mercury (Nar, FC, NC) pH (6 su, AL, FW) pH (9.0, AL, FW) Turbidity (50 NTU, AL, FW miles) Water Temperature (322C, AL, LP&CP) Mulberry Creek From source to Yadkin River Classification Parameter of Interest Benthos (Nar, AL, FW) Fish Community (Nar, AL, FW) Fish Tissue Mercury (Nar, FC, NC) Length or Area 5 junits FW Miles 03040101 Previous AU Number Category Assessment Criteria Status --------- -- -- 1 Meeting Criteria 1 Meeting Criteria �4t Exceeding Criteria 1_-_-_-_- iM e et i n-g--Criteria-- - 1 :Meeting Criteria Inconclusive '3a � 'u .. I Data lJ 1Leeting Criteria Collection Year 2016 FW Miles Previous AU Number � ', Category Assessment Criteria Status Collection Year 1 � Meeting Criteria � 2006 'Meeting Criteria Criteria � 2006 �'� �'�Exceeding Criteria 2012 6/3/2019 2018 NC Integrated Report Page 1577 of 1747 IU18 NC Intergrated Report Yadkin -Pee Dee River Basin 12486.7) YADKIN RIVER �QE Upper Yadkin Subbasin 03040101` From Davie County water supply intake to a point 0.5 mile upstream of Carters Creek Classification WS-IV Length or Area 10 Units FW Miles Arsenic (10 µg/I, HH, NC) Arsenic (50 µg/I, AL, NC) Cadmium (2 µg/I, AL, FW) Copper (7 µg/I, AL, FW) Dissolved Oxygen (4 mg/I, AL, FW) Fecal Coliform (GM 200/400, REC, FW) Fish Tissue Mercury (Nar, FC, NC) Iron (1000 µg/I, Natural, FW) Category 1 �1 l 1 ;Lead. (25 µg/I, Al IVC) 1 pH (6 su, AL, FW) �1 pH (9.0, AL, FW) 1 Turbidity (50 NTU, AL, FW miles) 13a LWater Temperature (292C, AL, MT&UP) Zinc (50 jig/I, AL, FW) 1 (, Previous AU Number) Assessment Criteria Status Meeting Criteria Meeting Criteria Meeting Criteria Meeting Criteria Meeting Criteria Meeting Criteria Exceeding Criteria Data Inconclusive Meeting Criteria Meeting Criteria Meeting Criteria Data Inconclusive Meeting Criteria Meeting Criteria Collection Year 2008 2008 2008 2016 2012 Zoos 2008 2008 6/3/2019 2018 NC Integrated Report Page 1613 of 1747 ORGANIZATIONAL CHART -VILLAGE OF CLEMMONS Updated 8/6/18 Citizens Mayor & Council Village Attorney Village Manager Boards and Kasper & Payne Scott Buffkin Commissions Public Works PT Marketing and Senior Director/Engineer Communications Adminsitrative Clerk FKAncn Officer Direct Assistant Lisa M. Shortt Stroud Mike Gunnell Shannon Ford Patty Fife Stormwater Senior Director of Engineer Administrative Operations Assistant Wesley Kimbrell Wendy Serpan Steve Gearren Stormwater PT Inspector Assistant Direcor of Landscape Mechanic Technician II Operations Technician II Eddie Gentry Lenny Owens Emily Harrison Unfilled Position Randall Howell Stormwater I I I I Landscape Technicians Equipment Technians Operators Unfilled Posiiton Planner Megan Ledbetter PUBLIC WORKS DIRECTOR / VILLAGE ENGINEER General Statement of Duties The Public Works Director / Village Engineer shall have the primary responsibility of departmental administration and directing activities associated with engineering and public works. Also, the Director shall coordinate and supervise all public works functions. The Director shall provide leadership and guidance to personnel for both the public works and stormwater departments. This position reports to and is responsible for making recommendations to the Village Manager for matters regarding the Public Works and Stormwater Departments; including issues that might have a village -wide impact. Organizational Relationships The Department Director shall communicate with Village Council, Village Manager, and other department heads. Furthermore, the Director will supervise all departmental employees, directly or indirectly through subordinate supervisors with full authority. Essential Functions ■ Coordinate all maintenance and repair activities for the village infrastructure, public works buildings/facilities, and grounds. ■ Oversee, through supervision of the Operations Manager, activities such as street maintenance, snow plowing and removal, street lights, street signage, weed control, tree trimming, park maintenance, graffiti abatement, refuse collection and disposal, stormwater cleaning, and traffic control. ■ Coordinates all infrastructure development for the village. Responsible for the development, review, and approval plans and specifications for public improvement projects, building additions and renovation plans, and involved with the development and coordination of plans for special projects for other departments. ■ Handles the performance of various engineering functions in the planning, design, construction, and contract administration of the capital improvement program. Shall strive for the program to be accomplished in a technically competent, economical, and safe manner. ■ Coordinate village stormwater management program with respect to the municipal code requirements, policy guidelines, federal and state laws and established engineering standards. Maintain an inventory of private stormwater treatment structures and their design criteria as well as manage information received from private consultants regarding periodic/annual inspections. Works with staff to address stormwater utility issues. Determine stormwater maintenance/repair priorities and respective personnel work assignments for the Village's stormwater infrastructure. ■ Coordinate village efforts as it relates to the federal and state NPDES regulations. Assist in identifying permit regulations as they relate to public information, staff information, and best practices within Public Works. ■ Provide technical and professional direction to all staff maintaining a competent and motivated work force by selecting, training, motivating, developing, disciplining and evaluating subordinates. ■ Develop RFP's for consulting work; review consultant's request for payments; plan and obtain quotes for Village Hall upgrades of office furniture and carpeting. ■ Serve as staff/resource person for the Public Works/Safety Committee; attend Council meetings and other related meetings as necessary; represent the Village at local organizations providing data and recommendations on matters affecting the Village. ■ Remain current with and utilize, where appropriate, new public works programs, procedures and technologies. ■ Review driveway requests regarding location and width, and assist public on location of Village water and sewer line services. ■ Participate in professional associations and various relevant local, regional and state committees providing data and recommendations on matters affecting the Village. ■ Prepare and administer departmental budget, manage inventory of materials and equipment; and administer department vehicle replacement policy. Review and code bills for payment. Verify that service levels meet or exceed industry standards within the constraints of the budget. ■ Verify plat conformance with local ordinances, review plats for drainage, utilities, access, etc. ■ Review site plans; review projects with the Director of Planning for conformance. ■ Prepare special assessment rolls, write and draw necessary easements, review appraisals and acquire easements. Coordinate new survey needs and review cost estimates. ■ Establishes performance objectives for Public Works and Stormwater Department personnel and verifies that designated goals have been met. ■ Will interview all prospective new employees and make findings known to Village Manager. Other Duties and Responsibilities ■ Performs other related duties as assigned by supervisor or as apparent. Knowledge, Skills and Abilities ■ Knowledge of North Carolina engineering principles and practices. ■ Knowledge of North Carolina land surveying principles and practices. ■ Knowledge of supervisory practices and techniques. ■ Knowledge of Division of Water Quality NPDES permitting procedures. ■ Knowledge of ADA and OSHA requirements. ■ Ability to manage time and plan and direct the work of subordinates. ■ Skill in operating civil engineering and hydraulic analysis computer programs with respect to stormwater management structures for NPDES compliance. ■ Skill in operating drafting equipment, engineering scales, and a variety of computer software applications. ■ Ability to operate machines, tools, village vehicles and office equipment such as telephone, calculator, copier and PC, etc. ■ Ability to make oral and written presentations to various governmental bodies and the public. ■ Provide leadership and direction for a department with diverse skills and abilities. ■ Required to attend periodic evening meetings and/or travel within and out of the village boundaries. ■ May be required to work evenings or weekends and holidays. Physical Requirements and Working Conditions ■ Work is performed indoors in a typical office setting and outdoors while visiting public works buildings/facilities and numerous work sites. ■ Operates a village vehicle for regular transportation needs. ■ Sits for extended periods of time. ■ Stands, walks and performs a variety of physical movements while conducting field inspections. ■ Noise in work place is usually quiet but may be exposed to louder noises at work sites. ■ Uses large and fine motor skills. ■ Uses different types of vision and hearing to perform field and office work. Special Requirements ■ Possession of a valid State of North Carolina Class C driver's license. Minimum Experience ■ Professional Engineering License Required ■ Professional Land Surveying License Required ■ NCDWQ BMP Inspection and Maintenance Certification ■ NCDWQ BMP Reviewers Certification ■ NC School of Government Graduate STORMWATER ENGINEER General Statement of Duties This position is responsible for planning and directing the Village's stormwater management program. Work is performed under general supervision, and oversees work of stormwater personnel. Prepares and reviews various drawings, plans, documents, proposals, agendas; performs a variety of professional activities related to stormwater management. Distinguishing Features of the Class Employee supervises staff to assure compliance with the various elements of the Village's stormwater management. Significant elements of stormwater management include: NPDES Phase II Permit, quality control and quantity control ordinanc.es, watershed regulations, floodplain regulations, erosion control, TMDL water quality recovery plan, stormwater utility, and capital projects. The Engineer shall assist the Director of Public Works w it h preparing annual stormwater budget. Duties and Responsibilities Essential Duties and Tasks ■ Administers NPDES Phase II compliance forstructural and non-structural best management practices; identifies applicable requirements, proposes compliance measures, defines needed resources and programs, prepares draft annual department budget needs and ensures permit stipulations. ■ Ensures operational compliance with Water Supply Watershed Protection regulations. ■ Oversees administration of the Village's Soil Erosion and Sedimentation Ordinance to ensure compliance with related State mandates and associated concerns involving land disturbance activities. ■ Reviews and approves Stormwater Management Plan and Permits for development and redevelopment projects. Prepares conditions of plan approval and negotiates with design engineers to provide acceptable design plans. Coordinates project approvals with various state and village agencies. Coordinates field activities and design changes with consultants and contractors. ■ Negotiates and prepares easement documents with assistance of village attorney. ■ Prepares bid documents and manages bid process for capital projects. Oversees and advises on construction observation for projects. Coordinates with consultants who provide contract work associated with capital projects. ■ Provides staff support and technical assistance administering the technical functions and activities associated with the Stormwater Utility. ■ Supervises field work and digital mapping of the Village's drainage infrastructure system; assures quality and maintenance of digital database. ■ Develops recommendations and standards for non-structural and structural BMPs on Village and private projects. ■ Provides liaison with federal, state, county and Council of Government agencies regarding all aspects of stormwater management. ■ Has knowledge of National Flood Insurance Program regulations. Coordinates and expedites FEMA floodplain mapping. ■ Develops proposed performance standards forstormwater management and soil erosion/sedimentation controls. ■ Identifies state and federal grant opportunities and prepares applications for grants ■ concerning stormwater management, drainage improvements, flood/hazard mitigation; and water quality projects. ■ Designs and manages drainage -related construction projects. Supervises and facilitates the work of Village Stormwater staff. ■ Attends Stormwater Advisory Board and Council meetings as necessary. Additional Job Duties ■ Performs other related duties assigned by the Village Manager or the Director of Public Works. Recruitmentand Selection Guidelines Knowledge, Skills, Abilities ■ Comprehensive knowledge of the principles and practices of civil engineering as applied to land development; stormwater systems; engineering designs as they relate to stormwater management engineering and current developments inthefield of stormwater management. ■ Knowledge of relevant state and federal laws, regulations, and specifications. ■ Ability to plan, -Jay out and direct the work of others; to inspect projects for compliance with ordinance and code provisions; to perform difficult engineering computations and to make comprehensive recommendations on engineering problems; ability to design public facilities. ■ Skill in the use of civil engineering instruments and equipment, and in contract administration and project management. ■ Communications skills; abilityto establish and maintain effective working relationships with officials, associates, land developers and the general public; ability to present technical information and communicate ideas effectively both orally and in writing. Physical Requirements ■ Theworker is subjectto inside and outside environmental conditions; this is primarily sedentary work requiring the exertion of up to 20 pounds of force occasionally, and 10 pounds of force frequently or constantly to move objects. ■ Ability to maneuver through stormwater drainage facilities, sometimes heavily vegetated. ■ Office work requires balancing, stooping, reaching, walking, fingering, grasping, and repetitive motions; outside work requires walking overterrain and construction sites. ■ Vocal communication is required for expressing or exchanging ideas by means of the spoken word; hearing is required to perceive information at normal spoken word levels; visual acuity is required for preparing and analyzing written or computer data. ■ Has knowledge of National Flood Insurance Program regulations. Coordinates and expedites FEMA floodplain mapping. ■ Develops proposed performance standards forstormwater management and soil erosion/sedimentation controls. ■ Identifies state and federal grant opportunities and prepares applications for grants concerning stormwater management, drainage improvements, flood/hazard mitigation; and water quality projects. ■ Designs and manages drainage -related construction projects. Supervises and facilitates the work of Village stormwater staff. ■ Attends Stormwater Advisory Board and Council meetings as necessary. Additional Job Duties ■ Performs other related duties as assigned by the Village Manager or the Director of Public Works. STORMWATER ADMINISTRATOR General Statement of Duties Performs difficult professional work to develop, implement and administer the Village's Stormwater Management Program and responsible for overall management of Stormwater Management Program. PerfOlms detailed professional, technical and administrative work, planning, organizing, and supervising avariety of stormwater management program related activities including: training, briefing, documentation, constructing educational materials, customer service response to ensure compliance with ordinances and policies. Distinguishing Features of the Class An employee inthis class plans, organizes, coordinates andparticipates in executing the Village's Stormwater Management Program. Work requires a significant level of independence, self - initiative, program knowledge, and self-confidence in group activities. The employee exercises judgement and initiative in setting and carrying out scheduled activities, monitoring outside agency requirements, and proposing improvements to the existing stormwater program. Work involves frequent field visits to inspect work in various stages of completion and analyzing the source of illicit stormwater discharges, attendance at program related seminars and conferences, and interaction with agencies to ensure understanding of stormwater requirements and compliance. Technical judgment is required to interpret provisions of the policies and ordinances as applied to projects and circumstances. Tact, courtesy, and firnmess must be exercised in dealing with contractors, other governmental agencies, and the general public. The employee may represent the Village to a wide variety of citizens, developers, state and federal regulatory officials, etc. The employee is subject to inside and outside environmental conditions and hot and cold temperatures, and can be subject to noise and dust. Work is performed under the general supervision ofthe Public Works Director and is evaluated through review ofrepo Is and record documentation, and citizen and outside reactions. Duties and Responsibilities Essential Duties and Tasks ■ Administers the Stormwater Management Program. Researches, drafts, and makes recommendations for a variety of stormwater management issues. ■ Implements and administers the Stormwater Capital Improvement Program. Manages stormwater related data collection and Geographic Information System. ■ Attends conferences and seminars to maintain up-to-date knowledge. Includes a minimal amount of out-of-town travel. ■ Consults with contractors, engineers, planning agencies, residents, on land -use proposals to ensure program requirements are understood and complied with. ■ Reviews site plans and advises Village staff and council on matters relating to stormwater functions; attends council meetings as needed to represent the department. ■ Ensures understanding with Stormwater five-year program; plans and coordinates all actions to ensure Village compliance with all permit requirements. ■ Coordinates with technical experts to ensure compliance with structural andnon-structural Best Management Practices ■ Constructs lesson plans and instructs Village employees on best management practices to minimize or eliminate pollutants from entering drainage system. Recommends and constructs ordinances or amendments as needed. ■ Documents all actions associated with program and writes annual repOlt for State agencies in accordance with State requirements. Develops checklists, policies, and processes to assist in tracking program's progress. ■ Provides cost estimates for specific program requirements and recommends annual stormwater budget to management. ■ Inspects stormwater system structural components and ensures corrective actions for any deficiencies. Coordinates needs with public works director. ■ Solicits public participation in specific program elements and supervises their specific activities. ■ Inspects in -field drainage ways to detect illicit stormwater or sanitary sewer discharges and enforces corrective actions to ensure compliance with appropriate regulations. ■ Reviews elements of stormwater education program and ensures all aspects of program are current. ■ Engages in personal contact with Village residents concerning service requests and complaints, to answer program questions, and investigates and recommends actions. ■ Coordinates the Stormwater Advisory Board meetings, prepare agenda and minutes. Presents stormwater briefing to educational and civic groups. ■ Review Stormwater Management applications and issue permits. ■ Update and review new or modified impervious surface for billing of the stormwater utility. Additional Job Duties ■ Performs related duties as required by Management. Recruitment and Selection Guidelines Knowledge, Skills, and Abilities ■ Working knowledge of state and local stormwater regulations. Ability to compile materials from a variety of sources. ■ Ability to enforce regulations tactfully and firmly. ■ Skill in interpreting regulations and their application to specific situations. Skill in reading site plans. ■ Ability to prepare detailed records and reports. ■ Ability to maintain effective working relationships with Village officials, other public officials, community groups, employees, contractors and the general public. ■ Ability to present ideas effectively in oral and written form. ■ Considerable proficiency with computer applications including word processing, data base management, spreadsheets, ArcGIS and Powerpoint. ■ Must be able to communicate effectively and efficiently in a variety of technical and/or professional languages including civil engineering, federal and state statues, legal, etc. ■ General knowledge of standard practices, materials, tools, and equipment utilized in the area of assigned work. ■ General knowledge of work hazards and applicable safety precautions associated with assigned area of work. ■ Working knowledge of OSHA Regulations. Physical Requirements ■ Must be able to perform the physical life functions of climbing, balancing, stooping, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, and repetitive motions. ■ Must be able to perform medium work exe ]ling up to 20 pounds of force frequently, and/or up to 10pounds of force constantly. ■ Ability to maneuver through stormwater management and drainage facilities, sometimes heavily vegetated. ■ Must possess visual acuity to produce and review written repolts and records including mathematical calculations, operate a computer terminal, analyze data, and read maps, schematic drawings, and plans, and do extensive reading. Desirable Education and Experience ■ Graduation from an accredited college or university with a degree in environmental engineering, environmental science, civil engineering or closely related field or an equivalent combination of education and experience. Knowledge of local government administration, code enforcement, permitting, or similar experience a plus. Special Requirement ■ Possession, or obtain, a valid North Carolina driver's license. STORMWATER TECHNICIAN General Statement of Duties Under the direct supervision of the Stormwater Administrator, performs technical and administrative duties as necessary to assist the Stormwater Administrator with all aspects and duties related to the implementation and management of the Stormwater Program. Distinguishing Features With direction from the Stormwater Administrator an employee in this class plans, organizes, coordinates and pai1icipates in executing the Village's Stormwater Management Program. Work requires a significant level of independence, self -initiative, program knowledge, and self- confidence in group activities. The employee exercises judgment and initiative in setting and carrying out scheduled activities, monitoring outside agency requirements, and proposing improvements to the existing stormwater program. Work involves frequent field visits to inspect work in various stages of completion and analyzing the source of illicit stormwater discharges, attendance at program related seminars- and conferences, and interaction with agencies to ensure understanding of stormwater requirements and compliance. Technical judgment is required to interpret provisions of the policies and ordinances as applied to projects and circumstances. Tact, courtesy, and firmness must be exercised in dealing with contractors, other governmental agencies, and the general public. The employee may represent the Village to a wide variety of citizens, developers, state and federal regulatory officials, etc. The employee is subject to inside and outside environmental conditions and hot and cold temperatures, and can be subject to noise and dust. Work is performed under the general supervision of the PublicWorks Director. Duties and Responsibilities Essential Duties and Tasks ■ Assists in developing and implementing the stormwater management program. Assists in GPS data collection and field mapping activities. ■ Performs various GIS mapping activities including collecting and organizing source documents, digitizing features and linking documents/pictures. ■ Assists with creating, coordinating and presenting Stormwater educational materials and programs to citizens, school groups and Village employees. ■ Assists in responding to citizen inquiries and complaints regarding the stormwater program, water quality, and flooding concerns. ■ Assists with the inspection of Stormwater BMPs. ■ Assists with the inspection of stormwater system structural components. ■ Assists with the compliance and enforcement of the stormwater management program and stormwater ordinances. ■ Assists with the Stormwater Advisory Board and provide administrative support. Assists with investigations to detect and eliminate illicit discharges and colllections. Assists with organizing and conducting citizen volunteer programs. Exercise document and file management skills to prepare, maintain, and update a variety of files and records. Additional Job Duties ■ Performs related duties as required. Recruitment and Selection Guidelines Knowledge, Skills, and Abilities ■ Working knowledge of state and local stormwater regulations. Ability to compile materials from a variety of sources. ■ Ability to enforce regulations tactfully and firmly. ■ Skill in interpreting regulations and their application to specific situations. Skill in reading site plans. ■ Ability to prepare detailed records and repots. ■ Ability to maintain effective working relationships with Village officials, other public officials, community groups, employees, contractors and the general public. ■ Ability to present ideas effectively in oral and written form. ■ Considerable proficiency with computer applications including word processing, data base management, spreadsheets, ArcGIS and PowerPoint. ■ Must be able to communicate effectively and efficiently in a variety of technical and/or professional languages including civil engineering, GIS, federal and state statues, legal, etc. ■ General knowledge of standard practices, OSHA Regulations, materials, tools, and equipment utilized inthe area of assigned work. ■ General knowledge of work hazards and applicable safety precautions associated with assigned area of work. Physical Requirements ■ Must be able to perform the physical life functions of climbing, balancing, stooping, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, and repetitive motions. ■ Must be able to perform medium work exerting up to 50 pounds of force occasionally, up to 20 pounds of force frequently, and/or up to 10 pounds of force constantly. ■ Ability to maneuver through stormwater management and drainage facilities, sometimes heavily vegetated. ■ Must possess visual acuity to produce and review written repotis and records including ■ mathematical calculations, operate a computer terminal, analyze data, and read maps, schematic drawings, and plans, and do extensive reading. Desirable Education and Experience ■ Graduation from an accredited college or university with an Associate's Degree in environmental science or experience equivalent to an Associate's Degree. ■ One year experience in stormwater, watershed management, water quality monitoring or any equivalent combination of training and experience. ■ Experience using ESRI's, ArcGIS is highly desired but not required. Special Requirement ■ Possession, or obtain, a valid North Carolina driver's license. Ordinance Number 2002-07 AN ORDINANCE TO REQUIRE REFUSE CONTAINMENT AT CONSTRUCTION SITES BE [T ORDAINED by the Village Council of the Village of Clemmons that: Section 1: Construction Sites All construction contractors shalt provide on -site refuse receptacles, bulk containers, or detachable containers for construction debris and other trash which is capable of being moved or blown about by the wind and which is produced by those working on the site. All such materials shall be containerized and shall be kept in a reasonably clean and litter free condition. Construction debris and refuse deposited upon any public or private property as a result of construction or demolition shall be immediately removed by the contractor. Construction sites shall be kept clean and orderly at all times. Section 2: Civil Penalties Any person, firm or corporation who violates this ordinance shall pay a civil penalty of $100.00 per day for each day such violation shall continue following the day of notice thereof. If the violation shall not be remedied within ten (10) days of notice thereof, the Village Manager shall seek to revoke any building permit issued to the violator by obtaining a stop work order thereon. Until any assessed penalty is paid in full, no occupancy permit shall be issued to the violator. Section 3: This ordinance shall be in full force and eft"ect the 28`� day of August, 2002. Approved by a unanimous vote on the 28`h day of May, 2002. illiam C. McGee, Jr. Ntayor ATTEST:' Marsha Sucharski Village Clerk NORTH CAROLINA) INTERLOCAL AGREEMENT FORSYTH COUNTY) THIS AGREEMENT, entered in this '27'4t` day of (DC�-6&eU 2008, by the City of Winston-Salem [the "City"], party of the first part, and the Village of Clemmons [the "Village"], party of the second part; WHEREAS, the Village has adopted a zoning ordinance, established a Planning Board and a Zoning Board of Adjustment and needs enforcement and administrative services with respect thereto on a part-time basis; and WHEREAS, the City is willing to provide zoning enforcement and administrative services to the Village in return for the compensation set forth herein; WHEREAS, this Agreement is made under the authority of N.C.G.S. § 160A-460, et seq.; NOW, THEREFORE, in consideration of the premises and the mutual promises hereinafter set forth, the City and the Village, agree as follows: 1. Pur ose. The purpose of this Agreement is for the City to provide to the Village the services enumerated hereinbelow. 2. Services urovided by City. The City will provide the following services to the Village: a. Investigation of complaints and enforcement of the Village's zoning ordinance when violations thereof are brought to its attention by a citizen or official of the Village. b. Enforcement of the Village landscape ordinance through permitting and site inspections. c. Enforcement of the Village zoning ordinance for new construction by plan review and site inspections. d. Administration of the Village Zoning Board of Adjustment, including brrt not limited to, taking applications for meetings, preparing advertisements and agendas for meetings, providing staff for meetings and training of board members. e. Providing staff to attend Village Planning Board meetings and Village Council Meetings as required. f. Enforcement of special use zoning requirements. g. An enforcement and administrative services will be provided at a service level equal to that provided to officials, staff, and citizens of the City. h, All work will be performed in the office of the Inspections Division located at 100 E. First Street, Suite 328, except that Zoning Board of Adjustment meetings will be conducted at a place specified by Clemmons. Planning Board and Village Council meetings will be attended where held. 3. Services nrovided by the Village. The Village will provide to the City: a. Compensation. The Village shall pay to the City for• the services enumerated in paragraph 2 above based upon the number of hours worked in providing those services at a rate equal to the hourly rate earned by those persons providing service plus fringe benefits times an overhead factor of two (2) for hours worked between 7:45 a.m. and 4:45 p.m. [the "base rate"] and the base rate times one and one-half (1.5) for hours worked after 4:45 p.m. Services will be billed quarterly and due upon receipt. b. The services of an attorney to prosecute zoning violation cases, to provide council to the Zoning Board of Adjustment and to provide counsel to the inspections staff on matters related to zoning and the Zoning Board of Adjustment. c. The meeting place and required equipment for conducting Zoning Board of Adjustment meetings. d. The Village will be responsible for producing minutes of the Zoning Board of Adjustment meetings unless the parties mutually agree that that service shall be provided by the City. 4. The City's Inspections Division will be given an opportunity to review all proposed changes to the Village's zoning ordinance. If a change results in a substantial increase in workload, the City may terminate this Agreement in accordance with Paragraph 10 above or request modifications to this Agreement. 5. Duration. The duration of this Agreement shall be for an initial term of five (5) years. Thereafter, it shall automatically renew for successive periods of one year, unless a notice of termination is given pursuant to section 10 hereof. 6. Joint agency; real property: By this Agreement no joint agency is established and no real property is involved in the undertaking. 7. Personnel; Duties of City Director of Inspections Each party to this Agreement shall be responsible for appointing its own personnel to implement its own duties and obligations under this Agreement. The Director of Inspections of the City shall be designated as the Zoning Officer for the Village and shall also be responsible for the administration of the Erosion Control Section of the Unified Development Ordinances for the Village. 8. Method of Financing: No financing will be needed for this undertaking. Each party shall include those costs for which it is responsible in its annual fiscal year budget so long as this Agreement is effective. 9. > ntire Agreement; Amendment. This Agreement is the entire Agreement between the parties hereto as to the subject matter herein. This Agreement may be amended only in writing pursuant to duly adopted resolutions of the governing bodies of the City and the Village. 10. Termivation. Either party may terminate this agreement by giving ninety (90) days written notice of theirintent to do so. 11. Authority to Contract: Each party hereto represents and warrants that it has the legal authority, by ordinance or otherwise, to enter into this Agreement and to bind itself to its terms, and that its governing board has approved this Agreement or will ratify this Agreement as required pursuant to N.C.G.S.§ 160A-461. 12. Assignment: This Agreement may not be assigned by either party, nor shall the performance of any duties under this Agreement be delegable by either party, without the prior written consent of both parties. This Agreement shall not be assignable by operation of law. 13. Goveruing Law: This Agreement shall be governed by, and construed according to, the laws of the State of NoA Carolina, 14. Indernni .The Village shall indemnify, defend and hold harrnless the City and its officials, officers and employees from and against any and all loss, claims, damages, liability and expenses, including, but not limited to reasonable attorney's fees and court costs which the City and its officials, officers and employees may incur arising out of the performance of this Agreement. This paragraph shall not be construed to diminish or otherwise affect the right of the parties and their officials, officers or employees, to assert any affirmative defense, including the defense of governmental immunity. 15. Jurisdiction, Authority, Rights, Privileges and Immunities The jurisdiction, authority, rights, privileges, and immunities (including coverage under the workers compensation laws) which the officers, agents, and employees of the City enjoy within the City of Winston-Salem shall also be enjoyed by them in the Village of Clemmons when they are acting pursuant to the Agreement and within the scope of their authority or the course of their employment. ( IN TESTIMONY WHEREOF, the City and the Village has caused these presents to be executed by their respective, duly authorized officers on the day and year first above mentioned. Attest: i Approved a to form and legality Village Attorney b�-2�0? Date THE CITY OF WINSTON-SALEM THE VILLAGE OF CLEMMONS By: Mayor Municode Page 1 of 23 Print Cleuunons, North Carolina, Unified Development Code» Chapter C1 - Enviromnental Ordinance» Article IV -Erosion Conhol» Article IV -Erosion Control 4-1 -GENERAL 4-2 -DEFINITIONS 4-3 -ADMINISTRATION AND IN"I'ERPRETATION OF THIS SECTION OF THE ORDINANCE 4-4 -SCOPE AND EXCLUSIONS 4-5 -GENERAL REOUIREMENTS 4-6 -BASIC CONTROL OBJECTIVES 4-7 -MANDATORY STANDARDS FOR LAND DISTURBING ACTIVITY 4-8 -DESIGN AND PERFORMANCE STANDARDS 4-9 - STORMWATER OUTLET PROTECTION 4-10 -BORROW AND WASTE AREAS 4-11 -ACCESS AND HAUL ROADS 4-12 -OPERATIONS IN LAKES OR NATURAL WATERCOURSES 4-13 -RESPONSIBILITY FOR MAINTENANCE 4-14 -ADDITIONAL PROTECTIVE MEASURES 4-15 -EXISTING UNCOVERED AREAS 4-16 -PERMITS 4-17-__I_MPROVEMENT SECURITY REQUIRED OF CERTAIN PERMITAPPLICANTS 4-18 -EROSION AND SEDIMENTATION CONTROL PLANS 4-19 -APPEALS BY PERMIT APPLICAN"I' OR HOLDER 4-20 -COMPLIANCE WITH PLAN REQUIREMENTS 4-21 -INSPECTIONS AND INVESTIGATIONS http://library. mm�icode.com/print.aspx?clientID=14405&HTMRequest=http%3 a%2f�/o2fli... 1 /22/2010 Municode Page 2 of 23 4-22 -PENALTIES 4-23 -INJUNCTIVE RELIEF 4-24 -PERMITS AND DEVELOPMENT PLANS PRESENTLY IN EFFECT TO REMAIN IN __ _ _ - - EFFECT 4-25 -RESTORATION AFTER NONCOMPLIANCE 4-26 - SEVERABILITY 4-27 -EFFECTIVE DATE 4-1 -GENERAL This section is adopted for the purposes of: (A) Regulating certain land disturbing activities to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation; and, (B) Fstablishing procedures through which these purposes can be fiilfilled. 4-2 -DEFINITIONS As used in this chapter, unless the context clearly indicates otherwise, the following deffnitions apply: ACCELERATED EROSION Any increase over the rate of natural erosion as a result of land disturbing activity. ACT The North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it and amendments. ADEQUATE EROSION CONTROL MEASURE, STRUCTURE OR DEVICE One which controls the soil material within the land area under responsible control of the person conducting the land disturbing activity. AFFILIATE A person that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control of another person. AGRICULTURAL LAND Any parcel of land which is used in the raising of agricultural, dairy, or forest products, livestock, poulhy, or fur -bearing animals. BEING CONDUCTED A land disturbing activity has been initiated and permanent stabilization of the site has not been http://library.municode.com/print.aspx?clientID=14405&HTMRegnest=http%3a%2I%2fli... 1 /22/2010 Municode Page 3 of 23 completed. BORROW Fill material which is required for on -site construction and is obtained from other locations. BUFFER ZONE The strip of land adjacent to a lake or natural watercourse. COMMISSION The North Carolina Sedimentation Control Commission. COMPLETION OF CONSTRUCTION OR DEVELOPMENT Completion of construction or development means that no fiuther land dishirbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover. llEPARTMENT The North Carolina Department of Environment and Natural Resources (DENR). DIRECTOR The Director of the Division of Land Resources of the Department of Enviromnent and Nahu•al Resources (DENR). DISCHARGE POINT That point at which storm water runoff leaves a tract of land. DISTRICT The Forsyth Soil and Water Conservation District created pursuant to G.S. Ch. 139. ENERGY DISSIPATOR A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. EROSION The wearing away of land surface by the action of wind, water, gravity, or any combination thereof. EXISTING G12AllE The elevation among the ground surface of a site as recorded in topographic mapping at two (2) foot or four (4) foot contour intervals, on file in the office of the Plamring Board, or as surveyed and mapped at a contour interval of not more than four (4) feet, by a licensed surveyor or a registered professional engineer. GROUND COVER Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. HIGH QUALITY WATERS Those classified as such in 15A NCAC 2B.0101(e)(5) -General Procedures, which is incorporated herein by reference to include further amendments pursuant to G.S. 150B-14(c). HIGH QUALITY WATER (HQW) ZONES http://library.immicode.conr/print.asps?clientID=14405&HTMRequest=http%3 a%2f%2fli... 1 /22/2010 Municode Page 4 of 23 Areas that are within one mile of high quality waters and drain to high quality waters. LAKE OR NATURAL WATERCOURSE Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment. LAND DISTURBING ACTIVITY Any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. LOCAL GOVERNMENT Any county, incorporated village, town, or city, or any combination of counties, incorporated villages, towns, and cities, acting tlu•ough a joint program pursuant to the provisions of the Act. NATURAL EROSION The wearing away of the earth's surface by water, wind, or other natural agents under natural enviromnental conditions undisturbed by man. PARENT An affiliate that directly, or indirectly through one or more intermediaries, controls another person. PERSON Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. PERSON CONDUCTING LAND DISTURBING ACTIVITY Any person who may be held responsible for a violation unless expressly provided otherwise by this Chapter, the Act, or any order adopted pursuant to this Chapter or the Act. PERSON RESPONSIBLE rOR THE VIOLATION Person responsible for the violation, as used in this Chapter, and G.S. 113A-64, means: (A) The developer or other person who has or holds himself/}rerselfout as having financial or operational control over the land disturbing activity; and/or, (B) The landowner or person in possession or control of the land when helshe has directly or indirectly allowed the land disturbing activity or has benefited from it or he/she has failed to comply with any provision of this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act as it imposes a duty upon him. PHASE OE GRADING One of two (2) types of grading, rough or fine. PLAN An erosion and sedimentation control plan. http:!/library.municode.conr/print.aspx?cl ientlD=14405 &HTMRequest=http%3a%21%2fli... 1/22/2010 Municode Page 5 of 23 SEDIMENT Solid particulate matter, both mineral and organic, gravity, or ice from its site of origin. that has been or is being hausported by water, air, SEDIMENTATION The process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land disturbing activity or into a lake or natural watercourse. SILTATION Seditnent resulting from accelerated erosion which is settleable or removable by properly designed, constructed, and maintained control measures; and which has been tr•ausported from its point of origin within the site of a land disturbing activity; and which has been deposited, or is in suspension in water. STORM DRAINAGE FACILITIES The system of inlets, conduits, chamLels, ditches and appurtenances which serve to collect and convey stormwater tlu•ough and from a given drainage area. STORMWATER RUNOFF The surface flow of water resulting from precipitation in any form and occurring immediately after rainfall or melting. SUBSIDIARY An affiliate that is directly, or indirectly tluough one or more intermediaries, controlled by another person. TEN-YEAR STORM The storm water runoff resulting from precipitation of an intensity expected to be equaled or exceeded, on the average, once in ten (10) years, and of a duration which will produce the maximum peak rate of runoff, for the watershed of interest under average antecedent wetness conditions. TRACT All contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. TWENTY -FIVE-YEAR STORM The storm water runoff resulting from a precipitation of an intensity expected to be equaled or exceeded, on the average, once in riventy-five (25) years, and of a duration which will produce the maximum peak rate of runoff, from the watershed of interest Linder average antecedent wetness conditions. UNCOVERED The removal of ground cover fi•om, on, or above the soil surface. UNDERTAKEN The initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land. VELOCITY The average velocity of flow tluough the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main chamLel shall be that area defined by the geanetry of the chatmel plus the area of flow below the flood height defined by vertical lines at the main channel banks. http://library.muuicode.corn/print.aspx?clientID=14405 &HTMRequest=http%3 a%2f%2fli... 1/22/2010 Municode Page 6 of 23 Overload flows are not included for the purpose of computing velocity of flow. WASTE Surplus materials resulting fiom on -site land disturbing activities and being disposed of at other locations. WORHING DAYS Days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land dishubing activity to be undertaken. 4-3 -ADMINISTRATION AND INTERPRETATION OF THIS SF,CTION OF THE ORDINANCE 4-3.1 The Director of Inspections shall be responsible for the adminish•ation of this section of the Ordinance. 4-3.2 In their interpretation and application, the provisions of this section of the Ordinance shall be held to be mininnrm requirements, except where they are expressly stated to be maximum requirements. 4-3.3 Whenever any provisions of this section of the Ordinance and any other ordinance or law impose overlapping or contradictory regulations, the provision which is more restrictive or imposes higher standards or requirements shall govern. 4-3.4 __ It is not intended that any provision of this section of the Ordinance shall restrict or impair the right of any private or public person to bring any legal or equitable action for redress against nuisances, hazards, or injuries to persons or property. 4-3.5 Failure of the Director of Inspections to observe or recognize conditions which violate the intent and purpose of this section of the Ordinance or to deny a development permit applied for under this section of the Ordinance shall not relieve the property owner from responsibility for the condition or damages resulting therefrom and shall not result in the city/county or its officers or agents being responsible for conditions or damages resulting therefrom. 4-3.6 The holder of a development permit may remove existing cover or change existing elevations of the land only in accordance with the purposes of this section of the Ordinance and within the time schedules and methods for such changes set forth in this section of the Ordinance. 4-4 -SCOPE AND EXCLUSIONS This section of the Ordinance shall apply to land disturbing activity undertaken by any person, with the http:!/library.municode.tout/printaspx?clientID=14405&HTMRequest=http%3a%2f%2fli... 1 /22/2010 Municode Page 7 of 23 following exclusions: (A) AGRICULTURAL ACTIVITIES Those undertaken on agricultural land for the production of plants and animals usefiil to humans, inchrding but not limited to: forage and sod crops, grain and feed crops, tobacco, cotton and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of all such auimals; bees and apiary products; and, fur producing animals; (B) FORESTRY ACTIVITIES Those 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 Dater Quality (best management practices) as adopted by the North Carolina Department of Enviromnent and Nahual Resources (DENR). If land dishrrbing activity undertaken on forest land for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to YT�atw• Quality, the provisions of this chapter shall apply to such activity and any related land disturbing activity on the tract; (C) MINING Activity undertaken by persons as defined in G.S. 113A-52(8) who are otherwise regulated by the provisions of the rblirtirtg Pict of 1971, G.S. 74-46 tlu•ough 74-68; (D) STATE OF NORTH CAROLINA JURISDICTION Land disturbing activity over which the State has exclusive regulatory jurisdiction as provided in G.S. 113A-56; and, (E) EMERGENCIES Any activity which is essential to protect human life during an emergency. 4-5 -GENERAL REQUIREMENTS 4-5.1 No person shall initiate any land disturbing activity upon a tract which requires a permit under Section 5-16 without having an erosion control plan apprroved by the Director of Inspections and without having purchased the applicable permit tlu•ough the Inspections Division office. 4-5.2 Persons conducting land disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity, including protected floodway fiiuge areas specified in Section C.2. 4-5.3 Whenever conflicts exist between federal, State or local laws, ordinances or rules, the more restrictive provision shall apply. 4-6 -BASIC CONTROL OBJECTIVES An erosion and sedimentation control plan may be disapproved pursuant to Section C.4-18 if the plan fails to address the following control objectives: http://library.municode.corn/print. aspx?clientID=14405 &HTMRequest=http%3 a%2f%2fli... 1/22/2010 Municode Page 8 of 23 (A) IDENTIFY CRITICAL AREAS On -site areas which are subject to severe erosion and off -site areas which are especially vulnerable to damage from erosion and/or sedimentation are to be identified and receive special attention; (B) LIMIT TIME OF EXPOSURE All land disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time; (C) LIMIT EXPOSED AREA All land disturbing activity is to be plamted and conducted to minimize the size of the area to be exposed at any one time; (D) CONTROL SURFACE WATER Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure; (E) CONTROL SEDIMENTATION All land disturbing activity is to be plamted and conducted so as to prevent off -site sedimentation damage; (F) MANAGE STORMWATER RUNOFF When the increase in the velocity of stormwater runoff resulting from a land disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, plans are to include measures to conhol the velocity at the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream; and, (G) PROTECTION OF FLOODWAY AND FLOODWAY FRINGE AREAS All land disttubing activity is to be planned and conducted so as to protect floodway and floodway fiiuge areas in accordance with Section C.2-3. 4-7 -MANDATORY STANDARDS FOR LAND DISTURBING ACTIVITY No land disturbing activity subject to the control of this section of the Ordinance shall be undertaken except in accordance with the following mandatory standards: (A) BUFFER ZONE (1) Lake or Natural Watercourse. No land disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearest the land disturbing activity. This subdivision shall not apply to a land disturbing activity in comrection with the construction of facilities to be located on, over or under a lake or natural watercourse. (2) Width of Buffer Zone. Unless otherwise provided, the width of a buffer zone is measured from the edge of the water to the nearest edge of the disturbed area, with the twenty-five percent (25%) of the strip nearer the land dishubing activity containing natural or artificial means of confining visible siltation. (B) GRADED SLOPES, MECHANICALLY STABILIZED SLOPES AND FILLS (1) Slope Specifications. No cut or fill greater than ten (10) vertical feet shall be made which creates a slope steeper than one and one-half (1.5) to one (L5:1) unless approval is granted during plan review by the Director of Inspections. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. The angle for http://library.muuicode.cony/pri nt, aspx?clientID=14405 &HTMRequest=http%3a%2f%2fli... 1/22/2010 Muuicode Page 9 of 23 graded slopes arrd fills Hurst be demonstrated to be stable. Stable is the condition where the soil remains in its original configuration, with or without mechanical constrahrts. Mechanically stabilized slopes, including but not limited to riprap, cribs, timber or masonry retaining walls, shall not exceed ten (10) feet in height without intervening terraces ten (10) feet in width with a maximum slope of three to one (3:1). In any event, slopes left exposed and such terraces will, within twenty-one (21}calendar days of completiar of any phase of grading, be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion. (2) Exceptions. With prior approval of the Director of Inspections, fire ten (10) foot height limit for mechanically stabilized slopes may be increased for: (a) Wing Walls and Earth Retaining Devices. Wing walls allowing subgrade access and other earth retaining devices required for the str•uchual support of buildings, bridges, dams, culverts, or similar structures; or, (b) Stormwater Chanrrels. Mechanical stabilization required for engineered stormwater charmels. (C) FILL MATERIAL Unless a permit from the Department's Division of Waste Management to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete and brick in sizes exceeding twelve (12) inches, and any materials which would cause fire site to be regulated as a landfill by fire State of North Carolina. (D) GROUND COVER AND REVEGETATION OF SLOPES (1) Deadlines for Establishing Ground Cover. Whenever land disturbing activity is undertaken on a h•act requiring a permit under Section C.4-16, the person conducting the land disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover and slope revegetation sufficient to restrain erosion after completion of construction or development. Except as provided in Section C.4-8.2(E), provisions for a ground cover sufficient to restrain erosion must be accomplished within twenty-one (21) calendar days of completion of any phase of grading. (2) Revegetation of Slopes. All cut and fill slopes in excess of tluee (3) to one (3:1) slope and greater than ten (10) feet in height and intervening terraces required in Section C.4-7(I3)(1) shall be revegetated to provide plant cover over the entire area. Said revegetation shall include a minimum of one tree per two hundred (200) square feet of surface area. The trmrk of any required tree shall be no closer than ten (10) feet from any other required tree. Said trees may be a mixture of evergreen and deciduous, a minimum of twelve (12) inches high at plauthig with a minimum height at maturity of twenty-five (25) feet. (E) FLOODWAY AND FLOODWAY FRINGE AREAS (1) Limits of Eneroaclunent. Cut or fill or other activities shall meet the limits of encroachment specified in Section C.2-3. (2) Designation in the Field. The limit of grading and encroaclnnent according to Section C.2-3.2(A), consisting of a line delineating one-half the distance of this Ordinance, consisting of a line delineating one-half the distance between the outer edge of the floodway fringe and the outer edge of the floodway for fire zoning lot in question, or other line provided by a certified engineering study in accordance with Section C.2-3.2(A), shall be designated in the field by the applicant or property owner by means of highly visible and durable plastic material or other means acceptable to the Erosion Control Officer, http://library.municode.conr/print. aspx?clientID=14405 &HTMRequest=http%3a%2f%2fli... 1/22/2010 Municode Page 10 of 23 prior to the issuance of the grading permit. (3) Subdivisions. For subdivisions, the designation of limits of grading or eneroaclunent into the floodway fringe area required in Section C.2-3.2(A) shall be provided by the property owner or developer for the entire zoning lot being subdivided prior to the issuance of grading permits and construction of streets or other improvements. The Erosion Control Officer shall review the proposed encroachment prior to the issuance of permits for the development of individual lots created through the subdivision process. (F) TOP OF SLOPE The top or toe of any slope steeper than a ratio of one and one-half (1.5) horizontal units to one vertical unit (1.5:1) shall be no less than two (2) feet from any neighboring property line or fi�orn any public right -of --way, parking lot, drive, or walk intended for public use, unless a retaining wall is built. (G) PRIOR PLAN APPROVAL No person shall initiate any land disturbing activity upon a tract requiring a permit under Section C.4-16 wiles, thirty (30) or more days prior to initiating the activity, an erosion and sedimentation control plan for such activity is filed with and approved by the Director of Inspections, the associated fees are paid, and the permit is issued by the Director of Inspections. (H) PRIOR TO LAND DISTURBING ACTIVITIES (1) Notification. No person may initiate aland-disturbing activity before notifying the agency that issued the plan approval of the date that the land -disturbing activity will begin. (2) Preconsh•uction Conference. When deemed necessary by the approving authority a preconstruction conference may be required. (C-UDO-45, § 3, 1-2-09) 4-8 -DESIGN AND PERFORMANCE STANDARDS 4-8.1 Except as provided in this Ordinance, erosion and sedimentation conh•ol measures, structures and devices, shall be so planned, designed and constructed as to provide protection from the calculated maximum peak of runoff fi•om the ten-year• storm. Runoff rates shall be calculated using the procedures in the USDA, Soil Conservation Service's Naiiorzal Engineering Field �Yicrn:ral for Conservation Practices, or other acceptable calculation procedures. 4-8.2 In high quality water zones, the following design standards shall apply: (A) Uncovered Areas Uncovered areas in high quality water zones shall be limited at any time to a maxinurm total area within the boundaries of the tract of twenty (20) acres. Only the portion of the land disturbing activity within a high quality water zone shall be governed by this section. Larger areas may be uncovered within the boundaries of the tract with the written approval of the Director. (B) Erosion and Sedimentation Control Measures, Structures, and Devices Erosion and sedimentation control measures, structures and devices within high quality water zones shall be so plamred, designed http:/{library.rnunicode.tour/print.aspx?clientID=14405 &HTMRequest=http%3 a%2f%2fli... 1 /22/2010 Municode Page 1 I of 23 and constructed to provide protection from the runoff of the twenty -five-year storm which produces the maximum peak rate of runoff as calculated according to the procedures in the United States Department 1 of Agriculture Soil Conservation Service's National Engineering FieldlLlanrral for Coraservatiorr Practices• or according to procedures adopted by any other agency of this State or the United States or any generally recognized organization or association. (C) Sediment Basins Sediment basins within high quality water zones shall be designed and constructed such that the basin will have a settling efficiency of at least seventy percent (70%) for the forty (40) micron (0.04nun) size soil particle transported into the basin by the runoff of that five-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's National Engineering Field Manual for Conservation Practices or according to the procedures adopted by any other agency of this State or the United States or any generally recognized organization or association. (D) Open Chamtels Newly constructed open channels in high quality water zones shall be designed and constructed with side slopes no steeper than two (2) horizontal to one vertical (2:1) if a vegetative cover is used for stabilization, unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion. (F,) Ground Cover Ground cover sufficient to restrain erosion must be provided for any portion of a land disturbing activity in a high quality water zone within fifteen (15) working days or sixty (60) calendar days following completion of construction or development, whichever period is shorter. 4-9 - STORMWATER OUTLET PROTECTION 4-9.1 Stream banks and channels downstream from any land disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land disturbing activity. Persons shall conduct land disturbing activity so that the post construction velocity of the ten-year storm runoff in the receiving watercourse to the discharge point does not exceed the greater of: (A) Maximum Permissible Velocities The velocity established by Table 5.1; or, (B) Velocity Prior to Development T'he velocity of the ten-year storm runoff in the receiving watercourse prior to development. If conditions in Sections C.4-9.1(A) and (B) camtot be met, then the receiving watercourse to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the prior to development velocity by ten percent (10%). 4-9.2 Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. It is recognized that the management of stormwater runoff to minimize or control downstream chamtel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce http://libraty.mm�icode.conr/priut.asps?clientID=14405 &HTMRequest=http%3 a%2f%2fli... 1 /22/2010 Municode Page ] 2 of 23 successful results. Some alternatives are to: (A) Infiltration Avoid iucreases in surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered impervious. (B) Vegetated or Roughened Swales and Waterways Avoid increases in stormwater discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections. (C) Energy Dissipators Provide energy dissipators at outlets of storm drainage facilities to reduce flow velocities to the point of discharge. These may range from simple riprapped sections to complex sh•uchn•es. (D) Cross Sections; Erosion Resistant Lining Protect watercourses subject to accelerated erosion by improving cross sections and/or providing erosion -resistant lining. (E) Improvement of Receiving Devices or Watercourse Upgrade or replace the receiving device sh•ucture, or watercourse such that it will receive and conduct the flow to a point where it is no longer subject to degradation from the increased rate of flow or increased velocity. 4-9.3 This rule shall not apply where it can be demonstrated that stormwater discharge velocities will not create an erosion problem in the receiving watercourse. 4-9.4 The following is a table for maximum permissible velocities for stormwater discharges: Table C.4.1 Maximum Permissible Velocities for stormwater Discharges Material Maximum Permissible Velocities F.P.S. M.P.S. Fine sand (noncolloidal) 2.5 0.8 Sandy loam (noncolloidal) 2.5 0.8 Silt loam (noncolloidal) 3.0 0.9 Ordinary firm loam 3.5 1.1 Fine gravel 5.0 1.5 Stiff clay (very colloidal) 5.0 1.5 Graded, loam 5.0 1.5 http://library.municode.con�/print.asps?clientID=14405&HTMRequest=http%3a%2f'/o2fli... t/22/2010 Municode Page 13 of 23 to cobbles (noncolloidal) Graded, silt to 5.5 1.7 cobbles (colloidal) Alluvial silts 3.5 1.1 (noncolloidal) Alluvial silts 5.0 1.5 (colloidal) Coarse gravel 6.0 1.8 (noncolloidal) Cobbles and 5.5 1.7 shingles Shales and hard 6.0 1.8 pans Source -Adopted fi•orn reconunendation by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight aligmnent. For sinuous channels, multiply velocity by 095 for slightly sinuous, by 0.9 for moderately sinuous charmels, and by 0.8 for highly sinuous channels. 4-10 -BORROW AND WASTE AREAS Wheu the person conducting the land disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the rLtining�lct of 1971; and waste areas for surplus materials other than landfills regulated by the Department's Division of Waste Management, shall be considered as part of the land disturbing activity where the borrow material is being used or from which the waste material originated. When the person conducting the land disturbing activity is not the person obtaining the borrow and/or disposing of waste, these areas shall be considered a separate laud disturbing activity. 4-11 -ACCESS AND HAUL ROADS Temporary access and haul roads, other than public roads, constructed or used in comrection with any land disturbing activity shall be considered a part of such activity. 4-12 -OPERATIONS IN LAKES OR NATURAL WATERCOURSES Land dishubing activity iu connection with construction in, on, over, or under a lake or natural watercourse shall be plamied and conducted in such a manner as to minimize the extent and duration of disturbance of the stream channel. The relocation of a stream, where relocation is an essential part of the proposed activity, shall be planned and executed so as to minimize changes in the stream flow characteristics. Advisorry Note: The United States Army Corps of Engineers should be notified of any planned operation in lakes or natural watercourses, including their adjacent wetlands, for possible issuance of Section 404 or other permits. ]rttp://library.nrunicode.conr/print.asps?clientID=14405&HTMRequest=http%3a%2I'Yo2fli... 1 /22/2010 Muuicode Page 14 of 23 4-13 - RESPONSIBILI"I'Y FOR MAINTENANCE During the development of a site, the person conducting the land disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this section of the Ordinauce,the Act, or any order adopted pursuant to this section of the Ordinance or the Act. After site development, the landowner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right -of --way or easement accepted for maintenance by a governmental agency. 4-14 -ADDITIONAL PROTECTIVE MEASURES Whenever the Director of Inspections determines that significant erosion and sedimentation is occurring as a result of land disturbing activity, despite application and maintenance of protective practices, the person conducting the land disturbing activity shall be required to and shall take additional protective action. 4-15 -EXISTING UNCOVERED AREAS 4-15.1 All uncovered areas which exist on the effective date of this section of the Ordinance as a result of land disturbing activity on a tract requiring a permit under this Article, which are subject to continued accelerated erosion, and which are causing off -site damage from sedimentation, shall be provided with a groundcover or other protective measures, structures, or devices sufficient to restrain accelerated erosion and control off -site sedimentation. 4-15.2 The Director of Inspections will serve upon the laud owner or other person in possession or control of the land a written notice of violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice will set forth the measures needed to comply with the Act, this ordinance or a rule or order adopted or issued pursuant to the Act by the Conunission or Local Govermnent and will state the time within which such measures must be completed. In determining the measures required and the tune allowed for compliance, the authority serving notice shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance. 4-15.3 The Director of Inspections reserves the right to require preparation and approval of an erosion control plan in any instance where extensive control measures are required. 4-15.4 This rule shall not require groundcover on cleared land forming the firture basin of a plamred reservoir. 4-16 -PERMITS 4-16.1 http a/library.muuicode.com/print.aspx?clientID=14405 &HTMRequest=http%3 a%2f%2fli... 1 /22/2010 Municode Page 15 of 23 No person shall undertake any land disturbing activity subject to this Ordinance without first obtaining a permit therefore from the Director of Inspections, except that no permit shall be required for any land � disturbing activity: (A) Located outside Salem Lake Watershed and not exceeding twenty thousand (20,000) square feet in surface area on one tract for construction of a single family dwelling or ten thousand (10,000) square feet on one tract for any other purpose. In determining the area, lands under one or diverse ownership being developed as a unit, will be aggregated; or, (B) Located within Salem Lake Watershed and not exceeding ten thousand (10,000) square feet on one site for any purpose, or not exceeding twenty thousand (20,000) square feet for construction of a single family dwelling which is located on a lot existing prior to October 10, 1985, or a lot of a minor subdivision as defined in the Subdivision Regulations. In determining the area, land under one ownership, or land in diverse ownership being developed as a unit, will be aggregated. 4-16.2 The fee for permits required by this section shall be as the governing bodies of Local Govermnent from time to time prescribed and establish by ordinance or resolution. When permits are requested for incremental grading in sections, the fee established by this section shall apply to each permit. The fee for sites where grading begins before a permit is obtained shall be equal to double the normal permit fee. 4-16.3 __ A development permit issued under this section of the Ordinance shall be prominently displayed on the property until a protected area has been established. 4-16.4 (A) Approved grading plans shall become void thirty (30) days after the applicant has been notified. Any firture action on expired grading plans requires new plans to be submitted and approved. (B) A development permit shall lapse at the end of six (6) months, unless it is reissued by the Director of Inspections. When the development permit lapses and the corrective action, as set forth in the development plan, has not been completed, the developer or owner shall be in violation of this section of the Ordinance. (C) The Director of Inspections may, upon written request, reissue a lapsed permit, to be effective for a period not to exceed sixty (60) working days from the date of re -issuance after review of the original development plan and on -site inspection of the state of the work. The request for re -issuance shall include the reasons for incompletion of the work. 4-16.5 Developer shall meet the requirements of State regulations for recordation and file in the office of the Register of Deeds a record of use of any site for a landfill and a rehabilitatiot>/reuse plan for the site, prior to the issuance of a zoning or grading permit. 4-17 -IMPROVEMENT SECURITY REQUIRED OF CERTAIN PERMIT http://libraty.muuicode.com/print.aspx?clientID=14405&HTMRequest=lrttp%3a%2f%2fli... I /22/2010 Municode Page 16 of 23 APPLICANTS 4-17.1 In areas outside Salem Lake Watershed, where the Director of Inspections deems it necessary to require security in order to assure performance of the conditions of the permit, the applicant for a permit to grade or remove vegetation or other protections from an area in excess of five (5) acres shall be required to file with the Finance Director for the appropriate jurisdiction an improvement security in the form of an escrow account or other instruments satisfactory to the attorney for the appropriate jurisdiction, in an amount deemed sufficient by the Director of Inspections to cover all costs of protection or other improvements required to establish protective cover on the site in conformity with standards specified in this section of the Ordinance. Such security shall be valid until the work is completed in accordance with the permit and until the same is released by the Director of Inspections. In case of a subdivision, the security required herein may be included with the security required for streets and other subdivision improvements, if any, and the instrument shall clearly specify the portion of the security applicable to the requirements of this section of the Ordinance. The applicable security shall be forfeited upon violation of this section of the Ordinance and shall be used to establish protective cover on the site. Any monies in excess of the cost of establishing protective cover shall be refunded to the developer. The security shall be released when the Director of Inspections has certified that the requirements of this section of the Ordinance have been met. 4-17.2 For areas located within the Salem Lake Watershed, the applicant for a permit to grade or remove vegetation or other protection from an area in excess of tlu•ee (3) acres shall be required to file with the finance director for the appropriate jurisdiction an improvement security in the form of an escrow account or other instrument satisfactory to the attorney for the appropriate jurisdiction, in an amount deemed sufficient by the Director of Inspections to cover all costs of protection or other improvements required to establish protective cover on the site inconformity with the standards specified in this section of the Ordinance. Such security shall be valid until the work is completed in accordance with the permit and until the same is released by the Director of Inspections. In case of a subdivision, the security required herein may be included with the secnrity required for streets and other subdivision improvements, if any, and the instrument shall clearly specify the portion of the security applicable to the requirements of this section of the Ordinance. The applicable security shall be forfeited upon violation of this section of the Ordinance and it shall be used to establish protective cover on the site. Any moneys in excess of the cost of establishing protective cover shall be refimded to the developer. The security shall be released when the Director of Inspections has certified that the requirements of this section of the Ordinance have been met. 4-18 - F.,ROSION AND SEDIMENTATION CONTROL PLANS 4-18.1 An erosion conhol plan shall be prepared for all land disturbing activities on a h•act regniring a permit under this Article. 4-18.2 Persons conducting a land dishtrbing activity shall file three (3) copies of the erosion control plan with the Director of Inspections at least thirty (30) days prior to beginning such activity. One copy of the http://library.municode.com/printaspx?clientID=14405&HTMRequest=http%3a%2f"/o2fli... 1 /22/2010 Municode Page 17 of 23 erosiar control plan will be retained by the Director of Inspections, one copy will be forwarded to the Forsyth Soil and Water Conservation Dish•ict, and one copy shall be kept at the job site until all construction is complete, all permanent sedimentation and erosion control measures are installed and the site has been stabilized. After approving the plan, if the Director of Inspections, either upon review of such plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off - site sedimentation exists, he/she will require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the Director of Inspections. If following commencement of aland-disturbing activity pursuant to an approved plan, it is determined that the plan is inadequate to meet the requirements of this Ordinance, the Director of Inspections may require any revision of the plan that is necessary to comply with this Ordinance. 4-18.3 Erosion control plans may be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the laud dishu•biug activity or Izis/her attorney -in -fact. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or his/her registered agents. If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or noncompliance with the plan, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance. 4-18.4 The Forsyth Soil and Water Conservation District, within twenty (20) days of receipt of any plan, or within such additional time as may be prescribed by the Director of Inspections, shall review such plan and submit its comments and recommendations to the Director of Inspections. Failure of the soil and water conservation district to submit its comments and recommendations within twenty (20) days or within the prescribed additional time will not delay final action on the plan. 4-18.5 The Director of Inspections will review each complete plan submitted to hinr/Irer and within thirty (30) days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Failure to approve or disapprove a complete erosion and sedimentation control plan within thirty (30) days of receipt shall be deemed approval Denial of a plan must speciffcally state in writing the reasons for denial. The Director of Inspections must approve or deny a revised plan within fifteen (I5) days of receipt, or it is deemed to be approved. If, following commencement of a land disturbing activity pursuant to an approved plan, the Director of Inspections determines that the plan is inadequate to meet the requirements of this section of the Ordinance, the Director of Inspections may require such revisions as are necessary to comply with this section of the Ordinance. The approval of an Erosion Control Plan is conditioned on the applicant's compliance with Federal and State water quality laws, regulations, and rules. A copy of the Erosion Control Plan for any land disturbing activity that involves the utilization of ditches for the purpose of de - watering or lowering the water table must be forwarded to the Director of the Division of Water Quality. 4-18.6 Any plan submitted for a land disturbing activity for which an envirorunental document is required by the North Carolina Enviromneutal Policy Act (G.S. 113A-1, et seq.) shall be deemed incomplete until a http://library.numicode.cony/print. aspx?clientID=14405 &HTMRequest=http%3a%2I%2fl i... 1l22/2010 Municode Page 18 of 23 complete environmental document is available for review. The Director of Inspections shall promptly notify the person submitting the plan that the thirty (30) day time limit for review of the plan pursuant to Section C.4-18.5 shall not begin until a complete environmental document is available for review. 4-18.7 It shall be the responsibility of the property owner or developer or his/her agent to apply to the Director of Inspections, on a form furnished by the Director of Inspections, for any development permit required by this section of the Ordinance. No application for a development permit shall be accepted unless accompanied by a development plan including the information specified in this section. Unless the Director of Inspections deems such seal and siguahue to be utmecessary due to the sitnplicity of the site situation and the limited nahue of the erosion control measures required in the development plan, the development plan shall be prepared by, and shall bear the seal and signature of, a registered professional engineer, architect, landscape architect or a registered surveyor to the extent permitted by State law, and shall include maps of the site, at a scale not smaller than one inch represents one hundred (100) feet (1" to 100'), showing: (A) Standard Documentation Standard documentation, available in part from the offices of the Tax Assessor or the Register of Deeds, which shall include the outer boundaries of the site, any interior property lines or easements, the relation of the site to the nearest or abutting street intersections, scale and north arrow, total acreage, ownership, address, and tax block and lot numbers of the property; (B) Existing Conditions Existing conditions, available in part from the Plaruring Board, which shall include: structures, roads, driveways and contours at intervals of not more than four (4) feet, with elevations referred to mean sea level; wooded areas, any intermittent or permanent springs; any streams or other bodies of surface water; and, the location, dimensions and type of any existing constructed drainageway to, from or within the site; (C) Proposed Development Plans The proposed development plan shall contain architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this Ordinance. Plan content may vary to meet the needs of specific site requirements. The plan shall also include any structures to be established or removed, any streets, roadways, driveways, parking or loading areas, easements or rights -of --way to be added or changed; any changes of ditches, catch basins, terraces or other devices; any nonvegetative protection or support, including paving, riprap, walls or other structures or surfaces; areas of vegetation to be removed, location of trees to be retained and proposed vegetative cover; and, esceptiug applications for subdivision approval only, location of sewage treatment facilities, including septic tatilc and drain field, if public or community sewerage is not available; and, (D) Other A statement, referenced to the maps) if appropriate, as to whether the site will be developed in sections and any profiles, earth movement computations, drainage calculations, grading speciffcations, temporary and petnranent protective measures, including planting, or other explanatory data necessary for the interpretation of the site preparation, protection and development plan. 4-18.8 An erosion control plan, or draft plans if implementation of the plan would result in a violation of the rules adopted by the Euvironneutal Management Commission to protect riparian buffers along surface waters, may be disapproved upon a finding that an applicant, or a parent, subsidiary, or other affiliate of http://library.rnunicode.corn/print.aspx?clientID=14405&HTMRequest=http%3 a%2f%2fli... 1 /22/2010 Municode Page 19 of 23 the applicant: (A) Without An Approved Plan; Violation Is conducting or has conducted land dishubing activity without an approved plan, or has received notice of violation of a plan previously approved by the Commission or a local govermuent pursuant to the Act and has not complied with the notice within the time specified in the notice; (B) Civil Penalty Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act which is due and for which no appeal is pending; (C) Misdemeanor or Criminal Provision Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to the Act; or, (D) Failed to Comply Has failed to substantially comply with State rules or local ordinances or regulations adopted pursuant to the Act. For purposes of this section, an applicant's record may be considered for only rivo (2) years prior to the application date. 4-18.9 ______. Application for amendment of an erosion conh•ol plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the Director of Inspections, the land disturbing activities shall not proceed except in accordance with the erosion control plan as originally approved. 4-19 -APPEALS BY PERMIT APPLICANT OR HOLDER 4-19.1 Except as provided in Section C.4-19.2, the appeal of a disapproval or approval with modifications of a plan shall be governed by the following provisions: (A) Appeal to Board of Adjustment Appeal from any decision of the Director of Inspections by the applicant for, or holder of, a development permit shall be to the Board of Adjustment. The applicant or holder of a development permit shall have fifteen (15) calendar days from the date of written denial or revocation of a permit, or from denial of an extension of or an amendment to a permit, within which to appeal An appeal shall be perfected by filing written notice, with reasons therefore, with the Director of Inspections within the time period prescribed. (B) Board of Adjustment Action The Board of Adjustment may affirm, reverse or modify the decision of the Director of Inspections, based upon a finding or determination as to whether the applicant or permit holder has tnet the requirements and conditions for the issuance of a development permit, extension thereof or an amendment thereto, as specified in this section of the Ordinance. The Board of Adjustment may impose further requirements or conditions upon the issuance, extension or amendment of a permit as may reasonably be deemed necessary to accomplish the purposes declared in this section of the Ordinance. Pending appeal, grading at the site shall proceed only in accordance with a currently effective development permit and plan issued and approved by the Director of Inspections. bttp:!/libraty.municode.com/print.aspx?clientlD=14405&HTMRequest=http%3a%2f%2fli... 1 /22/2010 Municode Page 20 of 23 (C) Appeal from Board of Adjustment Appeal fiom the Board of Adjustment shall be to the North Carolina Sedimentation Control Commission as provided in G.S. 113A-61(c) and ] 5 NCAC 4B .0081(b), with notice of appeal filed within fifteen (15) days following issuance of the decision. 4-19.2 In the event that an erosion control plan is disapproved pursuant to Section C.4-18.8, the Director of Inspections shall notify the Director of the Division of Land Resources of such disapproval within ten (10) days. The Director of Inspections shall advise the applicant and the Director in writing as to the specific reasons that the plan was disapproved. The applicant may appeal the Director of Inspections' disapproval of the plan pursuant to Section C.4-18.8 directly to the Commission. 4-20 -COMPLIANCE WITH PLAN REQUIREMENTS 4-20.1 Any person engaged in land disturbing activities who fails to file a plan in accordance with this Ordinance, or who conducts a land dishubing activity except in accordance with provisions of an approved development plan shall be deemed in violation of this Ordinance. 4-20.2 No building permits shall be issued until the required temporary erosion control measures are installed in accordance with the approved development plan. 4-20.3 No certificate of occupancy shall be issued or granted where required under applicable subdivision or zoning regulations or other laws and ordinances unless and until the required erosion control measures at the site have been completed in accordance with a valid permit. 4-21 -INSPECTIONS AND INVESTIGATIONS 4-21.1 Agents, officials or other qualified persons authorized by the Director of Inspections will periodically inspect sites of land disturbing activity to determine compliance with the Act, this chapter, or rules or orders adopted or issued pursuant to this chapter, and to determine whether the activity is being conducted in accordance with an approved plan, and whether the measures required in the plan are effectively controlling the erosion and sediment resulting from the land disturbing activity. Notice of the right to inspect shall be included in the notification of plan approval. 4-21.2 If, through inspection, it is determined that a person engaged in land disturbing activity has failed to comply with the Act, this chapter, or rules or orders adopted or issued pursuant to this chapter, or has failed to comply with an approved plan, a notice of violation shall be served upon that person by registered or certified mail or other means reasonably calculated to give actual notice. The notice shall specify a date by which the person must comply with the Act, or this Ordinance, or rules or orders http://library.municode.com/print.aspx?clientID=14405&HTMRequest=http%3a%2fti/°2fli... 1 /22/2010 Municode Page 21 of 23 adopted pursuant to this Ordinance, and inform the person of the actions that need to betaken to comply with the Act, this Ordinance or rules or orders adopted pursuant to this Ordinance. The notice will set forth the measures needed to comply and will state the time within which such measures nntst be completed. In determining the measures required and the time allowed for compliance, the Local Govertnnent serving notice shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance. Any person who fails to comply within the time specified is subject to additional civil and criminal penalties for a continuing violation as provided in G.S. 113A-64 and this Ordinance. 4-21.3 The Director of Inspections shall have the power to conduct such investigations as he may reasonably deem necessary to carry out his duties as described in this section of the Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land disturbing activity. No person shall refuse entry or access to any authorized representative or agent of the city who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties. An administrative search warrant may be obtained as provided in Section C.1-10 of the Forsyth County Code and other applicable laws. 4-21.4 The Director of Inspections shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land disturbing activity. 4-21.5 No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of the Director of Inspections while that person is inspecting or attempting to inspect a land disturbing activity under this section. 4-2 L6 The holder of a development permit shall notify the Director of Inspections when grading is to begin and again when the graded area has been protected. 4-22 -PENALTIES 4-22.1 (A) --- Procedure Any person who violates any of the provisions of this section of the Ordinance, or rules, or orders adopted or issued pursuant to this section of the Ordinance, or who initiates or continues a land disturbing activity for which an erosion control plan in tequired, except in accordance with the terms, conditions, and provisions of an approved plan, shall be subject to a civil penalty of not more than five thousand dollars ($5,000.00) except that the penalty for faihue to submit an erosion control plan shall be as provided in Section C.4-16.2. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation Hurst be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty http://library.municode.conr/print.asps?clientID=14405&HTMRequest=http%3a%21%2fli... 1 /22/2010 Municode Page 22 of 23 or other enforcement action. If after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the day the violation is first detected. However, � no tithe period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering, or interfering with au authorized representative while in the process of carrying out his official duties. Each day of continuing violation shall constihrte a separate violation. A person may be assessed aone-time civil penalty of up to five thousand dollars ($5,000.00) for the day the violation is first detected. (B) Amount and Enforcement The Director of Inspections shall determine the amount of the civil penalty to be assessed under this section and shall provide notice to the person in violation directing the violator to either pay the assessment or contest the assessment by a written demand for a hearing within thirty (30) days after receipt of the notice of assessment. The notice shall set for4h in detail the civil penalty amount, a description of the violation for which the penalty has been imposed and the basis for assessment. In determining the amount of the penalty, the Director of hnspections shall consider the degree and extent of harm caused by Che violation, the cost of rectifying the damage, the amount of money the violator saved by noncompliance, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with this ordinance. Notice of the assessment shall be by registered or certified mail or other means reasonably calculated to give actual notice. If payment or demand for hearing to contest the assessment is not received or equitable settlement reached within thirty (30) days after demand for payment is made, the matter shall be referred to the Cletnmons Attontey for institution of a civil action in the name of the City of Winston- Salen>/Forsyth County in the appropriate division of the general courts of justice for recovery of the penalty. Any sums recovered shall be used to carry out the purposes and requirements of this chapter. Such actions must be filed within tluee (3) years of the date the final decision was served on the violator. � Contest of Assessment A hearing on a civil penalty shall be conducted by the Director of Inspections within thirty (30) days after the date of receipt of the written demand for hearing. The Director of Inspections shall render his decision on the civil penalty at the conchtsion of the hearing. Appeal fiom the final decision of the Director of hnspections shall be to the Superior Court of Forsyth County where the violation occurred. (D) Disbursal of Penalties Civil penalties collected pursuant to this Ordinance shall be used or disbursed as directed by G.S. 113A-64(a)(5). 4-22.2 Any person who knowingly or willfully violates any provision of this section of the Ordinance, or rule or order adopted or issued pursuant to this section of the Ordinance, or who knowingly or willfully initiates or continues a land disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed five thousand dollars ($5,000.00). 4-23 -INJUNCTIVE RELIEF 4-23.1 Whenever the Director of Inspections has reasonable cause to believe that any person is violating or threatening to violate this Ordinance, or any rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provision of an approved erosion contrrol plan, he/she may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the City of Winston-Salenr/Forsyth County for injunctive relief to restrain the http://library.municode.cotn/print.aspx?cl ientID=14405 &HTMRequest=http%3 a%2f%2fli... 1 /2212010 Municode Page 23 of 23 violation or threatened violation. The action shall be brought in the Superior Court of Forsyth County. 4-23.2 Upon determination by a court that an alleged violatiou is occurring or is tlueatened, it shall enter such orders orjudgments as are necessary to abate the violation or to prevent the tlu•eatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from auy civil or criminal penalty prescribed for violations of this section of the Ordinance. 4-24 -PERMITS AND DEVELOPMENT PLANS PRESENTLY IN EFFECT TO REMAIN IN EFFECT All permits and development plans approved by the Director of Inspections and other corrective measures required pursuant to the previous erosion control ordinance shall remain in full force and effect as if they had been approved pursuant to this section of the Ordinance; provided, however, any renewals or• amendments of the permits and development plans previously approved shall be controlled by this section of the Ordivance. 4-25 -RESTORATION AFTER NONCOMPLIANCE The Director of Inspections may require a person who engaged in a land disturbing activity and failed to retain sediment generated by the activity, as required by G.S. 113A-57(3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. The authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this ordinance. 4-26 - SEVERABILITY If any section or sections of this Ordinance is/are held to be invalid or unenforceable, all other sections shall nevertheless continue in frill force and effect. 4-27 -EFFECTIVE DATE This Ordinance shall become effective upon adoption. http://libratry.municode. conr/print.aspx?clientID=14405&HTMRequest=http%3 a%2flYo2fli... I /22/2010 P i ��Ylartnershi;f This Agreement made and entered into this �,2r,�,r day of Fri , 2004, by and among the PILDMONT TRIAD REGIONAL WATER AUTHORITY, hereinafter referred to as "PTRWAGUILFORD COUNTY, a North Carolina body politic (hereinafter referred to as " "), FORSYTH COUNTY, a North Carolina body politic (hereinafter referred to as " "}, RANDOLPH COUNTY, a North Carolina body politic (hereinafter referred to as " "), the T, a North Carolina municipal corporation (hereinafter referred to as " theCITY OF INSTONmSALEM, a North Carolina municipal corporation. (hereinafter referred to as `'ST w*S "); the TOWN OF JAMESTOWNa North Carolina municipal corporation (hereinafter referred to as " LST "), the CITY OF RANDLEAMN, a North Carolina municipal corporation (hereinafter referred to as `tRANDLE ") the CITY +' ARCHDALE. a North Carolina municipal corporation TOWN OF (hereinafter ;` PARCHDALE03), the FRS L , a North Carolina munt (hereinafter referred to as `t LRS LLB" the CITY + ENS , a Forth Carolina municipal corporation (hereinafter referred to as " { S "}, the TOWN OF AL T N, a North Carolina municipal corporation (hereinafter referred to as AL T N"), the N LEW SV L , a North Carolina municipal corporations (hereinafter referred to as "L ISVILLL"), the VILLAGE of CLL MONS, a forth ' Carolina municipal corporation (hereinafter referred to as " L NS"), and the TOWN C3 +' RUARAL HALL, a Forth Carolina municipal corporation (hereinafter referred to as "RURAL HALL referred to as cipal corporation to L + AS, the above referenced counties, cities, villages, and tow��s operate storrnatorMrelated programs and would benefit by pooling L•esources in their efforts to train citizens and businesses with regard to storrnwater rules including water duality protection and management and surface water pollution prevention, NPDES storrnwater regulations, and best management practices in the development of a Randleman Labe Storrnwater Management Plan, as applicable; and, S, the above referenced counties, cities, villages, and toms have agreed to cooperate to produce television ads, brochures and stream signs and%r other storn�water duality educational components as set forth herein. in Exhibit A; and i .A.S, it is in the best interest ofthe citizens and residents of the shave referenced counties, cities, villages, ar�d towns to provide for ef�cie�it proper and environmentally sensitive methods of controlling stormwater, and, SAS, the Stag of North Carolina has encouraged local governn�.ents to ut111Ze al l ��ear�s reasonably available to promote efficient and proper° methods o� controlling stormuTater including the development of regional programs and partnerships; and, kal"cle 15 ) Part 1, and the municipal corporations are authorized by N&C#G&S& 160A art 15 to establish and operate stormwater programs; and the counties and the .n�un.icipal corporations are authorized by �T..C�., � tta enter into contracts or agreements with each other to execute any undertaking involving the joint eercise� or the exercise one far the other, function, public enterpi0ise right, privilege or immunity of local government; and, ot� any power, "vounfles of FORSYTH GUILFORD and RANDOLPH, and the Councils of HIGH POINT, L ach deem it to be In the best interests of the present and future citizens of the counties Cities 50 I'llages, and towns that this Agreement be entered into in order to meet their comi)1ementary .,nd water quality management, expresse, d heroin, the P�'wA.coin sinses and cit izens with th regard. to sto�-�nwater �{�nsiderat�o�] of the ter,�l'Is, Cot�ditlor�s, and +covenants ties, cities, villages, and towns agree as follows: The purpose of this Agreement is to evidence the ca�,inties, cities, villages, a�ld towns' agreement to provide brochures, watershed signs, television ads, a.no/or other educational components and funds all as set forth in Exhibit A for the education of Piedmont Triad area citizens and the business community with regard to the rubs, regulations and requirement of ?raper stormwater control the corporate limits of the counties, cites, villages, and towns under (heir respective ,jurisdiction and control, to the extent, and subject to the conditions, hereinafter sot forth, The parties agree to refer to this agreement and name the collaborative program as the 9ied -ront Ti4 ad Watero Quality Panners '. n �`he parties seek to irnplen�ent storniwater 11 watershed protectia�� public education programs to ed rna age��ent, surface water quality, and ucate the Piedrnor�t Triad conr�n�unity abat�t the impacts of storn�water discharge on receiving waterbodies and the specific need to reduce starmwator pollution in the Randleman bake watershed, as applicable. The parties believe these goals can best be achieved by coordinating their efforts on a regional basis to provide citizens 10 and businesses with a more comprehensive environmental education program that 1s linked with raunici?al and county stormwater quality management issues, gone at # • s 1rogram are as.follows. cation i' awateries ; - . parties' respective NPDES Stofmwater Discharge Permits; SIM To effectively communicate the stormwater environmental water quality messages to segments of Piedmont targeted ■■ i MIN: empower d enroll the part icipation DIVI2 IN ' a sAir receiving streams by Minimizing the pollutants associated with stormwater runoff, This Agreement shall �e effective when e�.ecuted by ��.� party. phis A.green�ent shall continue in full force and effect for the term of five (5) years from the date of this Agreement and sham automatically renew thereafter for two successive five (5) year terms, unless notice o non**renewal is given by any party sixty (60) days in advance of the applicable renewal date, %sp ons b IXtIes of artlCs 'fhe parties �n�tially shall �� responsible for the odu.cat�onal program components such as brochures, watershed signs, television adsa or other components, and funds that may be amended f coin year to year and attached to this Agreement and identified as " hibI �'he parties s�lall ive to coordi��atc their ef�`orts 1n the productio�l of brochures, signs, television ads, all J other educational program components III promoting good regional stormwater management and watershed protection practices, .Mach party shah appoint or co�ltract with 1-1 necessary personnel for perfot•n�in its obligations under this Agreement. �`he personnel, andlor independent contractors, if any, shad he responsible for the o1 �ganization, rodncts contemplated hereunder, ag AS planning and rn�plenientation of the educational programs and r An co: ts ot opening, operating and closing of the educa ional programs and products ontemplated hereunder1" paid from the fundscontributed' parties .Pay all _'1funds_than July 30th of eachremaining i year, Any funds at the of a 1. i year shall be carried over into the next year's a program budget. 1. provided ,..1:.� ,d... by •subjectto 1 #f' f initial funding participation is required to join the iednIont Partnership agreement. Parties are not obligated to provide additional Triad water duality funding in subsequent years If they choose not to receive new oV° additional prograt1ns all 1 products in the subsequent years, However. z°ospective parties who too not parti cipate �n f�.�nding for three or more A he "Piedmont Triad Water Quality Partnership Committee," i iscretion of a � na�ority of The '# iedn�ont Triad ater duality Pat-tnersl�ip omn�ittee" is heI'eby established for th.e purpose of effectuating the provisions of this Agreement. ��jes o t��e om� itfee. 'I`l�e or�ln�ittee shah perform. the follo�ving duties; 1. Moot no less than quarterly at the offices of PTRWA or other location as established by the Committee; 2. Resolve any conflicts its the types of educational materials to be produced as proposed; 3. Review and approve the television ads and any other materials, if applicable; 4. Resolve any dispute as to the appropriateness of any educational program with. regard to stormwater management and watershed protectio11; 5. Organize, plan and implement the regional educational programs, brochures, and develop a comprehensive program of stormwater edu.catioll, an example of which is attached as ".exhibit N' to this agreement; 6. Make such recommendations to the parties, from time to time, regarding the financing, operation, and availability of the services to any users not partied to this Agreement, as will in the Committee's opinion promote the best utilization of the services; 7. Develop and present an annual program scope and corresponding budget to the parties for their approval and funding; . Decide upon the educational program components to be used for each fiscal year, and summarize in a revised "Exhibit N' for the given fiscal year, as applicable; and 9. Provide guidance to any party members who may wish to contribute additional discretionary funds throughout the year on the additional fund use and products, if applicable. ® �► ._a�.�io�� ot~,1�e Committee. The PTRwA, counties, cities, villages, and tow��s through their rnar�age�-, executive director or gove�°Wing board shall each appoint one rcprese��tative who, along with a representative of any local government ,joining in the execution of this or a similar agreement, shalt constitute the "Piedmont Triad water Quality Partnership omm'ttee." Such ominittee shall, durhig the term of this Agreement, review and oversee the operation of the es to assure mat vie provisions of tills Agreement are fully complied with, Each 'opresentat*ve to the Cominttee shall have a voice and a vote on the Committee, The "�'iedmont following individuals. TI?.wA J orsyth County uilford County Randolph County City of High Point Town of Jamestown City of Randleman City of Archdale 'down of Kernersville City of Greensboro City of winstony alem Town of walkertown Town of Lewisville village ofClornmons Town of Rural Mall Executive Director/�3c�aral r��rlc�r estgnee County Manager/BoardMember/or Designee County Manager/Board ember/or Designee County anager/B oard Memb er/or .designee City Manager/BoardMember/or Designee Town Manager/Council Member/or Designee City Manager/Council Member/or Designee City Manager/Board ember/or Designee Towai Manager/Council ember/or Designee City Manager/Council ember/or Designee City Manager/Board Member/or Designee Town Manager/Board Member/ or Designee Town Manager/Board Member/ or Designee Village Manager/Board Member/ or Designee Town Manager/Board Member/ or Designee The initial Members of the Co�nnn�ittee shall servo until their successors are appointed, and at the pleasure of their appointing entity, so long as they hold their respective offices within the appointing entity, Any Committee Inember who no longer serves in his appointed or elected position shall automatically cease to serve on the Committee and shall be replaced upon the appointment of his or her successor. 'The Committee shall elect a chair, vice chair, and sec�•etary, and sha11 adopt ley-l�v�s and rubs goverrir�g its procedures. a�'fies to t�ii _-- eat, Through their duly authorized and empowered officials and representatives, the entities represented o�� the Col n�lttee S1la11 G n ult grid Cooperate w1th eaclI ether Ina I'eSIM IS I ugarding LL e educational services, programs, and products to be provided so that all parties shall at all tiros be fully informed with regard thereto, shall have full access to financial records of the Committee, and shall be provided. copies of financial reports as to the disposal operations hereunder and the parties annual audit of same as required by law. F uncl nte,o,°icy, The Committee established hereunder shall account fog• revenues and expe.udit��res hereunder and shall include any and all funds set aside or maintained by the parties hereto for the current and future operation of the Piedmont Triad water Quality partnership. The 'iedmont Triad water Quality Partnership Fund shall be maintained as a discrete and separate fund, segregated from any other funds or accounts maintained by the parties. The Fund shall be established and administered within the City of CTreensboro r, ALI nto this Agreement perform all ofits dittiesand obligations / enflty has duly authorized the execution and delivery of this Agreement and the performance 'ts duties and obli tons contained herein. This Agreement constitutes a valid and f all of i egally binding obligation of each said entity enforceable in accordance with 'Its terms subject to ,ny state or federal regulatory approval which may be required pursuant to applicable statute, tl n tyt 8 knowledge and belief, threatened against or affecting said entity, at law or in eguity or municipal commission , oar bureau, agency or instrumentality wherein any decision, ruling or finding would adversely affect the transactions contemplated .herein hefQre or by any Federal, Mate, or other governmental deparlrnent the p�.rties to this Agreement recognise a.nd agree that no agency, joint enterprise ar jof��t ownership of real or personas property is created by this Agreement and that no party shall be respansihle in any manner for the legal liability or financial responsibility of the other, or of anyOft other r�unrctpalities or other party entering into � similar agreement with the parties. `his green�ent rrray agreen�erat authcried by the representatives of each party. a � .:... ....:: riot be n�odi#ied or an�.ended except by a suhse�uent writte�l governinID bodies of each party and signed by authorized alp 'his Agr•eerner�t n��.y he terminated �rpan rnutu onsent of the pat~tips, by a.ny p�.rty upon 9� days written notice to the other parties, o� by court order u�pan the finding that there has been such a s�rhst�.ntia.l breach of this Agreement by the non -complaining party so as to entitle the �ornplaining party to be relieved of its obligations under this Agreement. z r agreement parties., and no statement oral agentwr tten made by either party or in this written greement. shall be valid or binding, 1; rinediesDefauh `his Ag�•een�ent shall be enforcea.hle by each pay hereto by all ret�edies available at lam or in equity, including but not limited to specific performance. Failure or delay to exercise any right, remedy or privilege hereunder shall not opet•ate. as a waiver of such riuht, remedy or priv"lege nor prevent subsequent enforcement thereof. Notices Ali notices a.nd other eon�munic�.tions under this Agreement shall be in �vritin,� and shall be dee.nled to have been given on the date of actual delivery of mali, registered or certified� return. receipt requested, postage prepaid, to the party at the addresses provided by each: To the PT.DvV.A: he �T A�: t executive i�irector or his designee Cou��ty manager or his designee To�r� �[anager or his designee City manager or his desigrnee llage Manager or his designee A.ny party nay 041an,�e the address to which all notice of such change in the manner provided in this articl notices shall e sent by addressing a e to ail other parties. 1 phis Agreement shall be �xecu.tod by the pailies her in duplicate originals, each of which, v��en executed, shall constitute one and tl�e same Agreen����i, Exhibit A � Stormwater Education Costs, FY 04-O5 Member BEP Forsyth $5000 Guilford $5000 Randolph $5000 High Paint $3000 Jamestown $1 500 Randleman $1500500 Archdale $1500 Kernersville $l 500 Greensboro $7500 Winston-Salem $7500 PTRWA $500 Rural Hall $1500 Clemmons $1500 Walkertown $1500 Lewisville $1500 Total: $46,500 BEP (Best Education Practice) - Website, Carolina Yards &Neighborhoods, existin brochure translation ,rI E r �'lid Fiscal Controli i r his instrument has been rcaud" ed I t � nd Fiscal Control Act. r r 1 c a a F r. r• ATTEST: �� Cit Clerk (SEAL) �; � 1 � • " i a` $ r � `i ti _ � i �� i�, - F. E t � _y _ _ _. s _; `- _r" icy A��c��+��� �'.�is ��sir�.�e�t � e��. �reaudit�� i� ��e a����• �•� aid �`iscal Q�.t�ol �c�� ��� ��C 212L�. ce Director "4• �uir� bar �I�e �+acal �o�e�-n.�r�t .�uget ' i i o prohibit 4) o prevent improper disposal of materials that degrade w er quality; an 5) To authorize all inspections.) ensure compliance with this ordinance. I � i, • i " =A` rare two major categorie 1 i`fiTA� III.Y�MW am erosion, provide flood control, x, ON _ !RV : - - � - ' E! - ;. ., is A i A � � • � '�. ....onstruction Ac Act' ubj including, nclude but are not limited to clearing and grubbing., grading, excavating, and demolition. mercial industrial, and ac Any land use esidential land uses and any other source includi• �.vehicles t ereoi:,, wnicn necause ! k its quantity, concentration, haractenstics may cause, or significantly contribute to, a substantial present or potential f Ferrnit. Means a permit issued by EPA (or b Y 1 mat-Mnonzes f e!ise ♦ i` - .. ; FIates, whether the permit isindividual, a Any occasional automotive washing, performed by ! . !tio car washes performed elocalgroups, on Stormwater -Discharge. Any discharge to the stonn drain system that is not individual, ntioty recognized by law and acting as either the owner or as the owner's agent. u , s x x '! .. - 4 ! i Lim ta I 114M inear and point structures designed to collect receive, convey, and otherwise manage the tne aeveiopment site. i tie stormwater conveyance system can consist of e _ e ` . i1° i i „ ; i natural , conveyances • to,ditches, _ x pees, culverts, tips, curb inlets, hard inlets, drip inlets, junction boxes, manholes., ®utalls, etc® o at a site and the actions to eliminate or redi ce pollutant m5ontamination ischar Stormwater Stormwate aConveyanceand/orWaters�;, Systems,Receiving he Maximum Extent Practicable. at stormwater has on the natural .Tit. ser® y Person who amens real property h which a Facility is aste aterwater �� ether liL .id, ether than UILUMILZU11111dLeu stormwater, discharged from a facility. Watershed Review Board. The Village of Clemmons Zoning Board of Adjustment shall serve as the Watershed Review Boards v v -- - - - -- 7 --- — --- — — — ®•� ��. �. ®••� • ®+ ��, v e �F,.riviiV lJii&i6.li 9.6. �,1 pJl q s �a i a o solid, other substance, including t e 'Y � 'ate 3 _ otheremicals , soaps, animal waste, paints, garbage or litter, watersanner and amount, d'rectly or nd'rectly, so that the substance either does or is likely to each any stormwater conveyance, f lands w State or .;is provided of ordinance, (2) Landscape irrigation; (6� IJncenta inate e ground aterg ��� I)isch.arges fre stable water seurces� ( 8) Foundation drains, i` �9) Air conit ng condensation; (1 aj Irrigation water; (11) Springs; (12) Water from crawl space pumps; (13) Footing drams; (14) Lawn aterings5 15) Non-commercial car washing (16) Flows from riparian habitats and etlands&5 reso rceS, it life, or alt�.t. 1 a/ ( ere It 1S UCLennmeu t ut Saiu connection: (a) may result in the discharge of hazardous materials or may pose an immediate threat to health and Safety, or Is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat, or (b) was made . violation of any applicable regulation or ordinance other than this section; ` k F 0 i i,e released or discharged to the stormwater conveyance system, shall be contained, ontrolled, collected, and properly disposed. :4 affected areas shall be restor- to- Iota -: i e • condition, �r r s a J, .,rgency response agencies ia emergency dispatch services. In - event of a non�hazardous illicit discharge, the AdministratorJser shall notify the Stormwater by f Notifications ater than the next business day. rmit/document issued hereunder. The Village Stormwater Administrator or esignee shall be provided ready access to all parts f the premises for the oses of inspection, monitoring, sampling,, inventory, records examination and opying, and the performance of any other duties necessary to determine omplianceordinance. Where a Person.;. � ! entification and clearance before entry into ! �spo&nbst dies. __ T T e a, a m r ervice or said sting of _ _ i at Facility alleged r t ccurred, that the User shall perform any or all of the following: (a) Install equipment or perform testmog necessary to monitor, analyze and • L "ul'eve the User of the obligation set forth herein, participates in', assists, or directs an Illicit Discharge, �: a 4 g . � s y!I d*scharge _ substance into MS4 any purchased at a bulk sales commercial or industrial process or any substance that was location shall be assess a civil penalty.. •t 4r violation • separate and distinct offense for the purpose of assessing a civil penalty, t o � ! v # e i e s n 1: a' r Iwo Category (f� malty �onsi erations. In ete °ning the amount oft e penalty, the o ater inistrator or designee shall considers i0 The degree and extent of harm to the environment public health and public and private property. ii° The cost of remedying the damage. ills The duration oft e violation. ice. Whether or not the violation will1° v° The prior record of the Person responsible fort e violation i complying with this or i ance° vi° TheVillage's enforcement costs and the amount of money saved by the violator through his, her or its noncompliance. (3} Recovely of Costs and Fines. As authorized by N.C. G. S. § 160A� 19 3 the offender shall be liable to the E • z. hi. a t / �Y " r= e awe to �, liability onto another1, i An appeal stays all proceedings in furtherance of y niess the otticer from , t r � Board . of appeal / been filed of certificate,acts +� i case,fe or property. In such proceedings sh. i be /' otherwise =strainingorder which maybe granted Watershedr Review oard or by a r, � u T .r 4a� I i� . . I I.time i I fie i nearing = If parties , , , appear t'me. At the hearing, any party may person, or by a : tt Fublic safety and are found, deemed, and declared to be public nuisances. MI x ,i i I; �i,rovisions of ordinance th" Village may petition for a preliminary whichnjunction restraining the person from activities would create further violations � t Lim _ i.- -. A Page 1 of 1 (A) It shall be unlawful for the owner or custodian of any dog to take it off the owner's own property limits without the means to properly remove and dispose of the dogs feces from any public or private property. (A) First violation - $50; i • • • • ', (C) Third and subsequent violations - $100. http://�►�wvv. anllegal.com/nxt/gatcway.dll/North%20Carolina/clem�nons_nc/titleixgeneralrc... 1 /22/2010 !! . w �" OIRDINANCE AMENDING " CHAPTER Development Ordinance N Managementtorrnwwater Quality Protection Is hereby amended ►i,! d by includinge evetopment projects within Clemmons that cumulatively disturbs one acre or more ottancF, r 4 ects less than one acre that are part of a larger common plan of development or sale, as well as non� ingle family residential (NOWSR) parcels less than one acre as noted In section 3m3,6.2(C) (3) and 3� and Bullt�u on Area Limitations 1 v r. ,�i . ; ?!� .� ` >` ., a. .. '.a " �.w ;a- Ott;.E under _ following followi y stormwater management (C) Stream Buffer Areas for Lots under One Acre rr r, ■: 6 ae '` option to provide = r, n a ., stormwater control ..o'. o practices that p _ # #` .Total SuspendedSolid indicated evices to help with TSS removal on NON4*SFR parcel under an acre. 111je options Re Oan design. The stormwater control devices for TSS removal are providedin ChapterSelecting, ight BMF% Table 4,IIIIIIIl of the Stormwater BMP Manual. For example, for parcels that are required to is move 0% TSS shall ...have ave the following management facilffies to choose from Bioretention, tormw' .. , Wet Detenfjon basin, Sand Filter Dry Extended Detention, Restored Rfpartan luffer, and Infiltration Devices. percent (24%) buillt�upotn area or no more than two (2) dwelling units per acre. 8) Stormwater runoff from the development shall be transported from the development by vegetated conveyances to the maximurn extent practicable. OnIIIIIIIslte stormwater treatment 11 devices such as infiltration ii,i ire. i'. 'f a R and level . R spreaders !' ! *lso R' L ! as added control for stormwater runoff. A p 'ect with an ll densilty at or below the lowIIIIIIII I. higher+ J b a density greater than the overall p *ect density,, density thresholds, but containing areas wit I r0i may be considered low density as long as the p roject meets or exceeds the post�constructiion model practices for lowAensilty proi ects and locates the away from surface waters and drainageways to the max1mum extent practicable. stream buffer area landward of all perennial and intermittent surface waters. For the purpose of tbis Ordinance., a surface water shall be present if the feature is approximately shown on either ill t-be recent f.. .:o ' the ., survey w prepared :' r.` '= .F: tom;' Natural Resources Co ;"...,R,,..: most version of Service Department of Agriculture or samost recent e .a version ` 0'# scale (7,5 mitnute) quadrangle topographic maps prepared by the U.S. Geologic Survey (USGS),, or 14S determined -of Clemmons requirement may be allowed when surface waters are not present iin accordance with the provisions of 15A NCAC 02B .r �a o Stream er Area Type Water Supply Watershed Class *Protected ctArea and All other areas where stream r areas apply Imp R Built upon area Thirty Undisturbed i een (15) Foot p o Ide a visu I re Uon of the stream buffer areas in chart a � r_ efined in section C.3m34,6,2(Q(1). No changes have been made to the requirements listed s" ;i< a to all new development and redevelopment of non�single family residential (non�SFR) parcels regardless i, size, ^I\` parcel meets ,fF 1 r e requirements .ems forth section Jam`_ w,o" n- 6 1 unitsWenty4our percent (24%) bulilt�upon area or more than two (2) dwelling per acre, At a minimum, f density d,.a projects . o. tom, following :°o4 - design standards: f :) Discharge the storage volume at a e equal to or less than the predevelopment discharge rate andward for areas located within the nated ran ublic water supply watershed area) of all i rt Areas Jpereennial and 'Intermittent surface waters. ty watershed ha I be require maintain a I (3UPoof undisturbed stream bu ei, and intermittent surface waters ' ` '' other areas shall be required to maintain is ifteen (15) foot undisturbed stream buffer area landward of all perennial and intermittent urface waters. For the purpose of thi's Ordima nce, a surface water shall be present if the feature approximately the most recent version of the soil survey >f["p prepared -` eNatural Resources .# Conservation :.to Service ,s.' Department Agriculture or r, Village most ecent version of the 1:24,000 scale (7.5rninute) quadrangle topographic maps prepared by the I,S,, Geologic Survey (USGS), or is determined by the i the field. Relief from this requirement may be allowed when surface waters present ccordance with ,+a provisions of 15A Xi; fE -r. rt '# rt > F"x may' , ;.,. - ,. ue .gin w .r, - . �.:.• er .rt.; . rt. 'k �'+ ' re 9ardless of size unless -parcel set 'in s III !' r 14 Jill Ivor ,� ! li" .1 �. '� :. • i' r, t�' !' �. a .1 .,, Will,Boni Mil"I lillik ."Pervious that would be allowed if the parcels were ,.�+ I,■ r. s .` .. / •ir shall be located in the 1 waterr / ♦ e it referably In the same drainagg arga of the watershed. Parcel nairs mia be located I the r Mcal Area and *n the Protected Area. However arc I ..ted in the Protected Areall the Critical Area parcel shall not be is amounts allowed in the critical area,prov*M nsoftheZonin 'ProDeo..r f r �� �.� impervious rightsro AN arm F"Offm m ' ' Thethe �' r % developed is part la ing evaluated to meet the builtillilillul2on surface area, shall remain in averaged in the nd area be' an undisturbed natural state. A metes and bound descriRtion of the space to be undisturbed and limits on me shall be recorded on the subdivision plat, in homeowner covenants, and on individual deed and shall be irrevocable. The resultant impervious area/amount for the two lo.1 combined exceedIII the •allowable • ! amount individual parcelsthey were developed separately. It shall be noted on the plat that the Zoning Administrator shall reserve the right to make Periodicinspections to ensure cornI210 A Deultty Averagin Permit shall be obtained from the Board of Adiustment to ensure that bat'l considered together meet the ry standards the %, ordinance a f . !, potential r . °�have record of how the.watershed re,* lations were 4 011ed to the parceTpar—. le 't. A site vlan for both of the uarl-i rml ill rim 'tted an ! annroved as !art of ranted, no chaqgre in the develooneit or000sal at 'IN IIILH11:44114 tit 11 be forwarded to the N; s re mell ntent and." ts__of this Article d Section, and that the Droposed ay. ot atection of the Public interest. IF .. cor M11RP ach of the varcels. option j '� : +i maximum extent D included as part of a. arcel pair. r 3-4 -LANDSCAPING AND TREE PRESERVATION STANDARDS 3-4.1 GENERAL REQUIREMENTS (A) Purpose .....It is the intent of this section to enhance the appearance and environmental quality of both public and private development sites in the Village of Clemmons by requiring the planting of new trees, large canopy where appropriate, and the preservation and maintenance ofhigh-quality existing trees, in order to: (1) Preserve environmental character, protect and enhance the natural environment; (2) Establish and maintain tree cover; (3) Promote healthy managed forest; (4) Increase site stormwater infiltration capacity, improve groundwater recharge, reduce flooding and reduce erosion and urban runoff pollution hazard by preserving vegetated areas to slow and absorb stormwater run-off; (5) Improve air quality (i.e. air pollution, carbon dioxide, greenhouse gases); (6) Improve the appearance of motor vehicle use areas within close proximity of vehicular rights -of -way; (7) Improve appearance of large areas; (8) Enhance property values and protect public and private investments by emphasizing the importance of trees and vegetation as visual and physical bufferyards to property values on adjacent properties; (9) Provide architectural interest and human scale and comfort by providing shade, reducing solar heat absorption, and reducing noise levels; (10) Improve the appearance of public properties from vehicular rights -of --way and adjacent properties, as well as for users on the properties. (B) Applicability of Landscaping Standards .....Unless otherwise provided in this section, an occupancy permit shall not be issued until all required planting and landscaping materials are installed. The following motor vehicle use areas are required to be landscaped: (1) Motor vehicle surface areas; (2) Motor vehicle display areas; (3) Outdoor storage areas; (4) Utility service areas; (5) Parking buildings or structures; and, (6) Public or private schools. (C) Exclusions .....The following uses shall be exempt from the landscaping and preservation requirements of Section B-3.4.2.1: (1) A single family detached dwelling on its own lot; (2) An attached dwelling unit which possesses an individually separated driveway and/or garage; and, (3) Fire hydrants and other utility devices whose visibility is vital to public safety. (4) Additional exclusions from the landscaping and tree preservation standards are cited in 3-4.1(A)and are applicable to all development and redevelopment unless otherwise exempted in B-4.1(C) and B.3-4.2.7(A). (D) Applicability of Tree Preservation and Planting Standards (1) The applicability of the tree preservation and planting standards is referenced in Section B.3-4.2.1 3-4.2 APPLICATION PROCEDURES AND GENERAL REQUIREMENTS (A) Application .....When an application is made for a land disturbing permit, on any land where the landscaping and tree preservation requirements of this section are applicable, the land disturbing permit application shall be accompanied by the information cited in Sections B.3-4.2(A)(1)—(4) and B.3-4.2.1. Additional information to be submitted with the application for land disturbing permit includes: (1) Storage, Surface, and Service Areas......A site plan indicating the location, dimensions, and square footage of motor vehicle surface areas, motor vehicle display areas, outdoor storage areas, private utility service areas, proposed parking space striping, and overhead utility lines; (2) Landscaping......A site plan indicating existing and proposed landscaping used to satisfy the requirements of this section, including the number, species, location, and heights of trees, shrubs, and groundcover; the location and dimensions of planting areas and streetyards; the location and size of earthen berms; and, the location, size, and construction material of fences, walls, and wall planters; (3) Existing Trees to be Preserved......A site plan and any associated documentation prepared by a professional meeting the requirements of Section B.7-3.4 shall be submitted and identify the number, location, species, height, and diameter breast height (DBH) of existing trees to be preserved for credit as per Section B.3-2.14 where individual trees are being preserved, and a general description of the character, species mixture, health and age of trees present in tree stands where tree stands are being preserved for credit; and, (4) Barriers......The location and description of any barriers to be erected to protect any existing vegetation from damage during construction. Refer to Section B.3-4.2.1(A)(6). (B) Delay of Landscaping .....If the required landscaping has not been installed at the time of a request for an occupancy permit, and the Zoning Officer determines that the unavailability of plant materials or adverse weather conditions prohibit the timely completion of planting, an occupancy permit may be issued prior to installation of required landscaping, subject to the following: (1) Completion Schedule......The applicant shall sign a contract with the Village of Clemmons specifying that the work shall be completed within the six (6) months immediately following the date of application for an occupancy permit; and, (2) Security......An improvement security in the form of an escrow account or other instrument (i.e. bond, letter of credit, etc.) shall be required prior to issuance of an occupancy permit. The improvement security shall be in an amount deemed sufficient by the Zoning Officer to cover all costs of required landscaping or screening which has not been installed. The security shall be addressed to the Village of Clemmons Finance Officer and updated until such improvements are installed. Such security shall be valid until the work is completed in accordance with the permit. The security shall be forfeited upon violation of this section and shall be used toward completion of all planned improvements. Any monies in excess of the cost of installing required landscaping shall be refunded to the applicant. The security shall be released when the Zoning Officer certifies that all requirements of this Ordinance have been met. (C) Compliance with Sight Easement Requirements .....Landscaping required by this section shall comply with the minimum State or local sight easement requirements for street intersections and driveways. (D) Obstruction of Pedestrian Routes .....Required landscaping shall not obstruct or impede public pedestrian routes including sidewalks and greenway trails. (E) Protection of Planting Areas .....Whenever any planting areas required by this section are adjacent to motor vehicle surface areas, motor vehicle display areas, or outdoor storage areas, the planting areas shall be protected from motor vehicle intrusion or damage from excessive motor vehicle lubricants or fuels. (F) Stabilization of Soil Surface .....The soil surface of all planting areas required by this section shall be stabilized to prevent erosion. In addition to required interior trees and shrubs, the soil surfaces of planting areas shall contain live groundcover, mulch, live shrubs, permeable pedestrian paver blocks, or a combination thereof. (G) Planting and Maintenance .....The planting and maintenance provisions of this Ordinance shall apply to new trees and existing trees planted after September 1, 1991 which satisfies the requirements of this Ordinance. (1) about:blank 6/10/2016 Clemmons, NC Unified evelopment Code Page 2 of 10 Planting and Maintenance Standards......The use of American National Standards Institute (ANSI) A300 standards shall be required for the planting and maintenance of all required landscaping. Please review the Village of Clemmons Planting Manual(reserved)fnr further information about planting and maintenance. (2) Tree Topping......Topping of any tree required by this Ordinance as defined by the ANSI A300 standards shall be prohibited. This shall be reviewed and enforced by the Village Public Works Director or designee. (3) Maintenance of Plantings Required by Section B.3-4.1......The landowner is responsible for maintaining all required plant materials in good health. Any dead or missing plants must be replaced with new planting which meets the minimum installation dimension standards of this section. Plant replacement shall take place within one month of written notification by the Zoning Officer or within the nearest acceptable planting season as determined by the Director of Inspections or designee. In the event that plant material is severely damaged due to an unusual weather occurrence or other act of nature, or if replacement plantings are unavailable within one month of written notification, the landowner will have six (6) months from the date of written notification to replace plantings. (H) Enforcement and Penalties (1) Enforcement......The Director of Inspections or designee shall conduct site inspections to ensure compliance with the provisions of this Ordinance prior to the issuance of grading permits as well as prior to the issuance of a Certificate of Occupancy (CO), except where existing trees in residential subdivisions are preserved in accordance with Section B.3-4.2.1(A), compliance shall only be ensured prior to plat approval. (a) The Director of Inspections shall enforce the provision and fines of this Ordinance in accordance with Section B.3-4.2(H). (2) Penalties. (a) Penalties for the removal of or damage to trees, prior to the approval of the required landscape plan submittal under Section 3.4.1(A)(3) shall be five thousand dollars ($5,000.00) per acre or fraction thereof not to exceed fifty thousand dollars ($50,000.00) of the required tree save areas as outlined in Section 3.4.2.1. (b) Removal or Damage to Individual Trees after Landscape Plan Approval: The penalty for removal of or damage to the Critical Root Zone (CRZ) of protected trees or area to be cordoned off as determined by the Winston-Salem/Forsyth County Inspections, after the issuance of a landscape plan within an approved TSA shall result in a civil penalty up to the amount shown in the chart below. In addition the replacement trees shall be on approved planting list or as approved by the Director of Inspections or designee up to the amount shown in the following chart: DBH of Trees) Maximum Civil (2" Caliper Maximum) Removed or Penalty � Damaged (per tree) 6-9 inches 9.01-12 inches 12.01-24 inches 24.01-36 inches 36.01 +inches $800.00 $1,600.00 $2,400.00 $3,200.00 $4,000.00 1 tree 2 trees 3 trees 4 trees 5 trees (c) Failure to Install or Maintain Tree Protection Devices......There shall be a civil penalty of five hundred dollars ($500.00) per day for failure to install or maintain approved tree protection measures sufficient to protect the TSA beginning ten (10) days after the citation is issued and ending when the site is in compliance. (d) Destruction by Natural Event......ln the occurrence of a natural event which destroys a required tree save area, the owner or lessee shall have one hundred eighty (180) days to replant. Replaced plant material must be in compliance with the minimum size, spacing and quantity standards of this section. (I) Combining Landscaping, Tree Preservation, Planting Area and Bufferyard Requirements .....Where motor vehicle surface area plant materials and bufferyard plant materials are required on the same property, trees may be located in such a manner as to simultaneously satisfy all requirements. Required planting areas shall not be cumulative; however, the greater of the planting areas specified in Section B.3-5 or this section shall be the required planting area. (J) Overhead Utility Lines .....The location of overhead utility lines shall be considered during the placement or preservation of required trees. The maximum mature height of required trees shall be determined as follows: (Suggested plant materials are listed in Section B.3-4.10). (1) Small varieties:.....Small variety trees shall be used when located twenty-five (25) feet, measured horizontally, from the nearest overhead utility lines(s). (2) Small or medium varieties:.....Small or medium variety trees shall be used when located within twenty-five (25) to thirty-five (35) feet, measured horizontally, from the nearest overhead utility line(s). (3) Small, medium, or large varieties:.....Small, medium, or large variety trees may be used when located more than thirty-five (35) feet, measured horizontally, from the nearest overhead utility line(s). (K) Safety and Security .....Safety and security concerns should receive prominent consideration during the selection and placement of landscape materials. (L) Fire Protection Equipment .....A minimum five (5) foot radius containing no plant materials or structural elements other than groundcover plants shall be maintained around all fire protection equipment, including fire hydrants, post indicator valves, and Siamese connectors. Obvious sight lines to the fire protection equipment shall be maintained at all times. (M) Off -Street Parking Reduction .....A reduction in the amount of required off-street parking is permitted in accordance with the alternatives and incentives provisions of the parking requirements Section B.3-3.5(H) for the installation of landscaping required by the landscaping requirements of this Ordinance. 3-4.2.1 TREE PRESERVATION AND PLANTING STANDARDS (A) Tree preservation and planting standards of this section are applicable for all development except as cited in Section 3-4.1(C)and as noted below: The following are exempt from the tree preservation and planting requirements of this Ordinance: (i) Development sites located in areas zoned CB, CI, sites zoned PB in Growth Management Area (GMA) 1, and all sites in GMA 5 (ii) Individual residential lots platted prior to the adoption of this Ordinance; (iii) Minor subdivisions; (iv) Redevelopment of sites zoned PB, GB, MU-S, and C which demonstrate apedestrian-oriented urban form in accordance with Section B.2-1.3(1). Redevelopment of sites zoned PB, GB, MU-S, and C shall be exempt from the requirements of Section B.3-4.2.1. Instead, such development shall include one large variety street tree, as allowed by overhead utilities or road ownership, per fifty (50) feet of street frontage. These trees shall be spaced forty (40) to sixty (60) feet apart and shall be located within the street right -of --way; (v) Existing development and all development with plans or applications approved or accepted into the review process prior to the effective date of this about:blank 6/10/2016 I' . • - • 1 Ordinance. (1) Purpose of the tree save areas) (TSAs)......The purpose of the TSA is to encourage the preservation and maintenance of one or more areas of healthy existing trees four (4) inches or greater in diameter breast height (DBH) (4.5 feet above ground) and/or healthy stands of trees containing a variety of tree species with trees of various ages, including mature and maturing trees, meeting the requirements of this Ordinance. Tree save areas may also include new trees and preservation flexibility options (B-4.2.1(B)) which satisfy the requirements of B.3-4.2.1(A)(4). (2) Calculation of Required Tree Save Area......Calculation for tree save areas (TSA) shall exclude the square footage areas for existing and proposed public street rights -of --way, existing or proposed utility easement, and existing water bodies and new water bodies required to satisfy the stormwater management requirements otherwise required by law or ordinance. The combined square footage of these areas shall be deleted from the total parcel area for new development and for the limits of disturbed areas for additional development to an already developed site before the required percentage of TSA is calculated. Tree save area shall be calculated as follows: a. Stands of Trees......The tree save area for a stand of trees shall be calculated as the acreage that stand of trees occupies. Stands of trees shall be exempt from the species requirements of this Ordinance (Section B.3-4.10) as long as a stand of trees is determined to meet the intent of the tree save area requirements of this Ordinance; however, no stand consisting primarily of species prohibited from ordinance credit in accordance with Section B.3-4.10(G) shall be counted towards the tree save area requirements of this Ordinance. b. Individual Trees......The tree save area for an individual existing tree shah be defined as the critical root zone for that individual tree or sum of the critical root zones of multiple individual trees. The table below provides the square footage credit per tree size. _ _ __ Individual Trees) TSA Credit (DBH) (square footage) 6-9 inches 500 9.01-12 inches 750 12.01-24 inches 1,800 24.01-36 inches 3,000 36+ inches 4,000 c. Either method of calculation listed above, or a combination of both methods, may be used to satisfy the tree save area requirements of this Ordinance. (3) Tree Save Area Selection......ln selecting which existing tree stands/individual trees are to be designated as tree save areas, the developer shall give due consideration to building, parking lot, driveway, street and utility locations) as they relate to the practicality of preservation and recommended use the following tree preservation priority list shall be considered: (a) Existing stands/individual trees of mature hardwoods as highest priority then; (b) Existing stands/individual trees of younger hardwoods then; (c) Existing stands/individual trees of hardwoods and pine mix. The majority of preserved stands shall not be trees that are located on the prohibited tree planting list. (4) Steps in Meeting TSA Requirements. (a) Areas off Limits to Development......Healthy stands/individual trees located in a portion of the floodplain, stream buffer or wetlands, designated as off-limits to development as directed by a governmental entity shall be preserved up to required TSA percentage by parcel size (Table B-3.12); (b) Existing Tree Located Elsewhere on the Site......lf the total percentage of TSA is not met in areas off-limits to development then the property owner may choose to count stands/individual trees located anywhere on the site toward reaching the total TSA percentage. (c) Along Required Bufferyards or Property Lines......lf the total percentage of TSA is not met by (a) and/or (b) above, then trees and their critical root zones located within a required bufferyard or within fifteen (15) feet of the side and rear property lines shall be preserved and counted toward total TSA. (d) Planting New Trees......lf the total percentage of TSA is not met by (a), (b), and/or (c), then new trees shall be planted as outlined in the flexibility standards of Section 4.2.1(B). Sites without adequate existing trees shall plant supplementary new large variety plantings until the minimum tree save area requirements have been met. Each new large variety tree planted shall be equal to seven hundred fifty (750) square feet of required tree save area. Table B.3.12 Tree Save Area Requirements Commercial, Institutional and Industrial (including multifamily and schools) Size of Parcel Tree Save Area Required to Include 0-55,000 square feet Eight percent (8%) of parcel area __ _ _ 55,001 square feet-5 acres Nine percent (9%) of parcel area 5.01-10 acres Ten percent (10%) of parcel area Greater than 10 acres Twelve percent (12%) of parcel area Residential Note: These requirements apply to major residential subdivisions not minor subdivisions or individual lot(s). Size of Parcel 0-55,000 square feet Tree Save Area Required to Include Ten percent (10%) of lot area. about:blank 6/10/2016 � � � � � ,� iiiii' 55,001 square feet-5 acres I Eleven percent (11 %) of lot area. 5.01-10 acres I Twelve percent (12%) of lot area. Greater than 10 acres Fourteen percent (14%) of lot area. (5) Tree Protection During Construction......To receive credit for existing trees proposed for preservation, the TSA must be protected from direct and indirect root damage, and trunk and crown disturbance. The tree protection area shall be reviewed by the Public Works Director and Director of Inspections and/or designee. The following standards shall apply: (a) The tree save area (TSA) shall include all area located within the Critical Root Zone or as delineated in the field by the Director of Inspections or designee. (b) Construction site activities, such as parking, material storage, dirt stockpiling, concrete washout, and other similar activities, shall not be permitted within a tree save area (TSA). (c) Protective barriers shall be installed around the tree save area (TSA) as necessary prior to the issuance of a grading permit. (B) Tree Save Area Flexibility Standards .....Flexibility can be granted to the required tree save area standards under the following circumstances as approved by the Village of Clemmons Planning Board, Village Planning Staff, Director of Inspections and/or the Village Public Works Director/designee or combination of the two, with the understanding that developer shall be required to reforest and/or replant the difference in percentages per Table B-3.12: 1. Land Dedication......Land dedicated to the Village of Clemmons maybe used towards the tree preservation requirements. 2. Reforestation Credits......Reforestation efforts on the property requirements can be used to satisfy up to twenty percent (20%) of the required tree save area with the approval of the Village Public Works Director or designee and up to fifty percent (50%) of the required TSA with the approval of the Village Planning Board. The reforestation option must reforest the remainder of the square footage as required at the rate of one mixed variety seedling per one hundred (100) square feet. 3. Site layout as determined by the Village Planning Department and/or the Director of Inspections or designee, including whether there are reasonable site layout options available that would further minimize the need to waive or reduce the tree preservation requirements. Conformance of the proposed development with the Community Compass recommendations of community character, quality of life, responsible growth and sustainability as it relates to urban form in specific strategic corridors and Legacy recommendations of balancing open space preservation with encouraging urban form of development. Items 4-7 shall be determined by the Director of Inspections and/or designee: 4. Topography. 5. The size, health, and species of existing trees to be removed. 6. Development proposals for recreational purposes which remove existing trees in floodplains that would otherwise be required to be saved in accordance with Section B.3-4.2.1(A)(3)(b) maybe approved where existing trees meeting the requirements of Section B.3-4.2.1(A) are preserved elsewhere on site. 7. Other site development issues not indentified in items 1-7. (C) Incentives for Increased Tree Save Area (1) Setback Reduction for Increased Tree Save Area......Developments which set aside twenty percent (20%) or more of a site as tree save area in common open space shall receive reduced internal and side yard setbacks of up to thirty-five percent (35%) of requirements. (2) Ribbon Paving for Increased Tree Save Area......Developments which set aside thirty percent (30%) or more of a site as tree save area in common open space may utilize ribbon paving and reduced pavement widths for internal streets with the approval of the Assistant Village Manager of Public Works or NCDOT. Additionally, such development may use gravel or other approved soft surface as a substitute for paved sidewalks which are internal to the development. 3-4.3 MOTOR VEHICLE SURFACE AREA LANDSCAPING STANDARDS (A) General Requirements (1) Exemption......This section shall not apply to single family residential buildings. (2) Applicability......This section shall apply to any motor vehicle surface area or portions thereof built after September 1, 1991. (3) Expansion of Preexisting Motor Vehicle Surface Areas......When preexisting motor vehicle surface areas are expanded: (a) Required Interior Plantings......Required interior plantings may be dispersed throughout the entire motor vehicle surface area in accordance with Section B.3-4.3(C)(9). (b) Streetyard Width......Streetyard width maybe reduced to a minimum of fifty percent (50%) of the required width, provided the minimum required streetyard area and plant quantities for the expansion are installed; and provided such streetyard trees shall be provided a planting area with a minimum radius of seven (7) feet. (B) Streetyards .....A landscaped streetyard shall be required for all motor vehicle surface areas located within one hundred (100) feet of a street right-of-way or vehicular right -of --way, including controlled access highways, whether or not it may provide access to the site, unless separated by an intervening building. (1) Width......Minimum streetyard width is ten (10) feet, and shall be measured perpendicular to the street right -of --way. The streetyard shall be positioned between the motor vehicle surface area and street right -of --way. (2) Impervious Surface Cover......A maximum of fifteen percent (15%) of the required streetyard may be covered with impervious surface cover which maybe used for walkways, fountains, walls, wall planters, or utility meters and vaults, but may not be used for motor vehicle surface or display, outdoor storage, private utility service, or service areas. (3) Number and Spacing of Trees......Each streetyard shall contain a minimum of two (2) deciduous or evergreen large variety trees per one hundred (100) linear feet, excluding points of motor vehicle ingress or egress. In no case shall any streetyard contain less than one large variety tree. Required trees must be a minimum of eight (8) feet in height at installation and shall be at least two (2) inches in diameter measured six (6) inches above ground level. Where two (2) or more streetyard trees are required, all tress shall be planted with the center of the main trunks twenty(20) to seventy-five (75) feet apart. Existing deciduous trees located in the abutting street right-of-way maybe used to satisfy the distribution requirement in this section. Small or medium variety trees maybe used where overhead utility lines exist in accordance with Section B.3-4.2(J). (4) Other Streetyard Components......ln addition to required trees, the landowner or developer shall use one of the following to satisfy streetyard requirements: natural shrubs, closed fences, walls, wall planters, earthen berms, or a combination thereof, as follows: (a) Natural Shrubs......Streetyard shrubs must be a minimum of eighteen (18) inches in height at installation, with a minimum height of thirty-six (36) inches within three (3) years after installation. Shrubs must be a locally adapted species which retain foliage to within six (6) inches above ground level. Said shrubs shall be spaced no more than eighteen (18) inches, edge to edge. No more than thirty percent (30%) of streetyard shrubs shall be deciduous. (b) Fences and WaIIs......A streetyard fence or wall shall be a minimum of thirty-six (36) inches in height, opaque, and shall be constructed of masonry, stone, or wooden material, or of the same material as that of the principal building. about:blank 6/10/2016 • � -r �- �• •�- I'' • - r 1 (c) Wall Planters......A streetyard wall planter shall be constructed of masonry, stone, or other permanent material. At installation, the minimum combined height of wall planters and shrubs shall be twenty-four (24) inches. Within three (3) years after installation, the combined height of wall planters and shrubs shall be no less than thirty-six (36) inches. The effective planting width of a streetyard wall planter shall be no less than thirty-six (36) inches; however, where required streetyard trees are installed in wall planters, the effective planting width of the wall planters shall be no less than seven (7) feet. A minimum of one shrub shall be required for every five (5) square feet of wall planter area. (d) Earthen Berms......At installation, streetyard berms shall have a minimum height of eighteen (18) inches, a minimum crown width of two (2) feet, and a side slope with a width to height ratio of no greater than two (2) to one (2:1). The entire berm shall be planted and covered with live vegetation. Berm shrubs shall be a minimum of one foot in height at installation and shall be spaced no greater than eighteen (18) inches, edge to edge. Within three (3) years after installation, the combined height of berm and shrubs must be at least thirty-six (36) inches. streetyard berms which are thirty-six (36) inches or greater in height at installation shall not be required to contain shrubs; however, streetyard trees shall still be required as specified in this section. (5) CB and CI Districts......ln the CB and CI Districts, a minimum two (2) foot wide strip planted with trees and shrubs in accordance with this section or a three (3) foot high decorative and finished masonry wall shall be provided. Unfinished concrete masonry unit (CMU) walls shall be prohibited. Split face CMU is permitted. (6) PB District......ln the PB District within GMA 1, a minimum two (2) foot wide strip planted with trees and shrubs in accordance with this section shall be provided. Any required or provided trees within the streetyard shall be located within a minimum seven (7) foot wide, fifty (50) square foot planting area. (C) Interior Motor Vehicle Surface Area Plantings .....In addition to the required streetyard, all motor vehicle surface areas shall contain landscaped planting areas, as follows: (1) Location of Plantings......lnterior planting areas shall be located adjacent to motor vehicle surface area edges or within the interior as islands or medians, and may contain berms of the minimum dimensions specified in Section B.3-4.3(B)(4)(d). (2) Size......Each planting area shall allocate a minimum of one hundred fifty (150) square feet per tree, with a minimum radius of seven (7) feet for small or medium variety trees. A minimum planting area of six hundred (600) square feet shall be required for each large variety tree. (3) Required Trees in Planting Area......Each planting area shall contain at least one deciduous or evergreen large variety tree with a minimum height of eight (8) feet at the time of installation, and a minimum diameter of two (2) inches measured six (6) inches above ground level. Small or medium variety trees maybe used where overhead utility lines exist in accordance with Section B.3-4.2(J) or next to buildings. (4) Ratio......One large variety tree shall be used for every five thousand (5,000) square feet of motor vehicle surface area. One small or medium variety deciduous or evergreen tree shall be required for every two thousand five hundred (2,500) square feet of motor vehicle surface area where overhead utility lines exist in accordance with Section B.3-4.2(j). (5) Distance of Parking Spaces to Trees......No parking space shall be located more than seventy-five (75) feet from the trunk of a required large variety tree, except where overhead utility lines exist in accordance with Section B.3- 4.2(J) no parking space shall be located more than fifty (50) feet from the trunk of a required small or medium variety tree, unless otherwise authorized in this Ordinance. (6) Loading/Maneuvering Areas......For loading docks or other maneuvering areas where placement of trees in the interior of the site is impractical, the required number of trees maybe clustered around the edge of such areas, with the approval of the Director of Inspections. (7) Credit for streetyard or Bufferyard Trees......Deciduous or broadleaf evergreen trees used as streetyard or bufferyard plantings may be used as credit toward interior planting area requirements, provided that streetyard or bufferyard plantings meet the size requirements of Section B.3-5.3(B) and the distance requirements of Section B.3-4.3(C)(5). (8) Credit for Bufferyard Area......The landscaped bufferyard area provided to meet the requirements of Section B.3-5 and. located adjacent to a motor vehicle use area may be counted toward the interior planting requirement. (9) Expansion of Preexisting Areas......When preexisting motor vehicle surface areas are expanded, required interior plantings maybe dispersed throughout the �" entire motor vehicle surface area if the landowner so desires, subject to the following conditions: (a) The required plant material will be calculated with reference to the expansion area only; (b) Such planting may be dispersed throughout the entire, combined, existing, and new motor vehicle surface area; and, (c) The provisions of this section shall preempt the spacing requirement contained in Section B.3-4.3(C)(5). (10) Alternative Compliance......An applicant whose contiguous parking area exceeds five hundred (500) spaces may propose a landscaping plan which varies from the strict application of the provisions of this section in order to accommodate unique characteristics of the site or to utilize innovative design. Application for alternative compliance shall include a site plan following the requirements specified in Section B.7 and shall be approved by the Planning Board only upon a finding that the proposed landscaping plan fulfills the intent and purposes of this section as well as or better than would strict conformance with the requirements of this section. (C-UDO-52, g 1, 4-12-10) 3-4.4 MOTOR VEHICLE DISPLAY AREA LANDSCAPING STANDARDS (A) GENERAL REQUIREMENTS (1) Applicability......This section shall apply to any motor vehicle display area, or portions thereof, built after October 17, 1988. (2) Expansion of Preexisting Motor Vehicle Surface Areas......When preexisting motor vehicle display areas are expanded, streetyard width maybe reduced to a minimum of five (5) feet, provided the minimum required streetyard area and plant quantities for the expansion are installed, and provided each streetyard tree shall be provided a planting area with a minimum radius of seven (7) feet. (3) Landscaping Requirements......Motor vehicle display areas shall comply with the general landscaping requirements of Section B.3-4.3. (B) Streetyards .....A landscaped streetyard shall be required as specified in Section B.3-4.3(B) except: (1) Natural Shrubs......Any streetyard shrubs, wall planters, earthen berms, or combinations thereof, shall be installed at a minimum height of eighteen (18) inches, and shall reach a minimum height of thirty (30) inches within three (3) years after installation. (2) Fences and WaIIs......Closed fences or walls shall be installed at a minimum height of thirty (30) inches. 3-4.5 OUTDOOR STORAGE AREA SCREENING STANDARDS (A) Applicability .....Any outdoor storage area not screened from any public or private street by an intervening building built after the adoption of this Ordinance with a linear dimension of fifteen (15) feet or greater, or any dumpster with a linear dimension of five (5) feet or greater and not screened by an intervening building shall be screened from view from any street right -of --way or vehicular right -of --way including controlled access highways, whether or not it may provide access to the site, for its entire length except for necessary access. (B) Screening .....Outdoor storage area screening shall be provided as specified in either of the conditions below or as a combination of the two (2) conditions: (1) Fencing......A fence or wall may be used to screen an outdoor storage area. The fence or wall shall be at least six (6) feet in height, opaque and of masonry, stone or wooden material, or of the same material as that of the principal building. (2) Plantings......Natural evergreen plant materials may also be used to screen an outdoor storage area as follows: (Suggested plant materials are listed in Section B.3-4.10.) (a) Minimum Height......The minimum height of the plant material shall be six (6) feet at installation; and, (b) Spacing......The spacing of the planting shall be in a double -row configuration, staggered, with five (5) foot spacing between the centers of the main trunks. about:blank 6/10/2016 Clemmons, NC Unified evelopment Code 3-4.6 UTILITY SERVICE AREA SCREENING STANDARDS (A) Applicability .....Utility service area structures built after the adoption of this Ordinance are required to be screened from street rights -of --way or vehicular rights -of --way, whether or not it may provide access to the site, provided that said structures have vertical dimensions exceeding three (3) feet or horizontal dimensions in excess of five (5) feet, and are located less than one hundred (100) feet from the nearest street right -of --way. (B) Screening .....Where screening for utility service areas is not provided by an intervening building, said screening may be accomplished by locally adapted evergreen or deciduous plantings or an opaque fence or wall. (1) Installation Height......Plantings shall have a minimum installation height of eighteen (18) inches, be spaced no more than eighteen (18) inches, edge to edge, and be expected to reach a height and width equal to or greater than the utility service structures that are being screened. (2) Fences or WaIIs......Fences or walls shall be opaque, of masonry, stone, or wooden material, or of the same material as that of the principal building, if applicable, and of a height and width equal to or greater than the utility service structures that are being screened. (C) Responsible Party .....Screening for utility service areas in a street right -of --way is to be installed by the utility or party who installed the service; in all other instances the property owners shall install required screening. Where screening for public utility service areas is to be provided by private property owners, such screening shall be installed only after consultation with the utility who owns the device to be concealed. No screening shall be installed that would impair the safe operations, maintenance, or function of the utility equipment. 3-4.7 PARKING STRUCTURES OR BUILDINGS Any parking structure or building, or expansion thereof, built after the adoption of this Ordinance that exceeds two thousand five hundred (2,500) square feet in gross floor area shall be provided with a landscaped streetyard as specified in Section B.3-4.3(B). This provision shall apply only to structures whose principal use is parking, and shall not apply to vertical expansion of preexisting parking structures. 3-4.8 PUBLIC TREES —MAINTENANCE AND PROTECTION The following standards are hereby established for the maintenance and protection of public trees: (A) Approved Personnel .....No person except an employee of a public utility or other approved public personnel shall cut, prune, or remove any living tree on or in a public highway, right -of --way, public park, sidewalk, or other public property; or cut or disturb or interfere in any way with the roots of any tree on public property, unless directed to do so by the Village Public Works Director or designee. (B) Owner Responsibility .....Every owner of any tree overhanging any street orright-of--way within the Village shall prune the branches so that such branches shall not significantly obstruct the view of any street intersection and so that there shall be a clear space of thirteen (13) feet above the street surface or eight (8) feet above the sidewalk surface. Said owners shall remove all dead, diseased or unsafe trees, or broken or decayed limbs that constitute a nuisance to the safety of the public. The Village shall have the right to prune any tree or shrub on private or public property when it constitutes a public safety hazard, interferes with pedestrian traffic or the visibility of any traffic control device, sign, or sight triangle. (C) Placement of Materials Around Plants .....No person shall pile building or other material around any tree or shrub in a public right-of-way in any manner that will injure such tree or shrub. (D) Paving Adjacent to Trees .....No person shall pave or place gravel, soil, or other such material within twelve (12) feet of any tree on public property, unless approved by the Village Public Works Director or designee. (E) Dumping of Deleterious Matter .....No person shall dump, pour or spill any oil, pesticide, or other deleterious matter upon any tree or tree space in any public rights -of - way, or keep or maintain upon any public rights -of -way, any receptacle from which any oil, pesticide, or other deleterious matter leaks or drips onto any soil, parking area, or concrete gutter so as to injure any tree on any public property. (F) Planting of Street Trees .....No part of this section is intended to prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with planting specifications set forth in this section and that any such planting conducted under utility lines shall be limited to planting material taken from the list of recommended small -maturing trees in this Ordinance. The Director of Public Works or designee shall review and permit the planting of street trees in the public rights -of --way. 3-4.9 VARIANCE Applications for variances from the requirements of the landscaping and screening standards may be approved by the Board of Adjustment after such Board of Adjustment holds a duly advertised public hearing in each case. Said application for a variance will be governed by the procedures set forth in Section B.6-1.4(B). Approval of a variance shall include the determination that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Ordinance because of one or more of the following conditions: (A) Narrow .....Unusually narrow (less than ten (10) feet) sections of land available for planting because of existing permanent structures, existing paving, or natural features such as rock outcroppings. (B) Elevation Change .....Elevation change of more than twelve (12) feet within the area where the screening would be located. (C) Public Safety .....Specialized land uses such as public utilities, airports, etc. where strict adherence to the screening standard would significantly interfere with the function of that use and would create a public safety problem. (D) Public Agency .....Actions of a public agency. (E) Platting or Deeding .....Difficulties arising from the recording platting or deeding of land prior to the adoption of this Ordinance. 3-4.10 SUGGESTED PLANT MATERIALS LIST The suggested plant materials list includes common trees and shrubs suitable for use in the Forsyth County area. Due to individual site, soil, moisture, and microclimate conditions, professional expertise should be sought to determine the appropriate plant materials for any particular development project. Other appropriate plants not included in this list may also be used with the approval of the Director of Inspections or designee. (A) Large Variety Trees (mature height: thirty-five (35) feet or greater): European Black Alder Bald Cypress Sugar Hackberry Chalkbark Maple Freeman Maple Alnusglutinosa (Pyramidalis) Taxodium distichum (Monarch of Illinois, Shawnee Brave) Celtis laevigata Acer leucoderme Acer x freemanii (Armstrong, Autumn Blaze, Celebration, Scarlet Sentinel) about:blank 6/10/2016 L'.•- • 1 (B) Medium Variety Trees (mature height: twenty-five (25) to thirty-five (35) feet): about:blank 6/10/2016 L'.•- : • 1 Sourwood Oxydendrum arboreum Thornless Honeylocust Gleditsia triacanthos "Inermis" Eastern Redbud Cercis canadensis Yoshino Cherry Prunus yedoensis Golden -Rain -Tree Koelreutreria paniculata Saucer Magnolia Magnolia soulangeana Weeping Cherry Prunus subhirtilla pendula Kwansan Cherry Prunus serrucata "Kwansan" __ _ _ _ _ _. __ Yellowood Cladastris lutes Ironwood Carpinus carolineana Pistache Pistachia chinensis Redmond Linden Tilia americans "Redmond" American Holly Ilex opaca (East Palatka, Foster's #2, Nellie R. Stevens) Eastern Red Cedar �uniperus virginiana (Emerald Sentinel,Princeton Sentry, Pendula) Little Gem Magnolia Magnolia "Little gem" Fall Blooming Cherry Prunus autumnalis Fruitless Sweetgum Liquidambar styraciflua "Rotundaloba" European Hornbeam Carpinus betulus (Fastigiate) Hophornbeam Ostrya virginiana (C) Small Variety Trees (mature height: less than twenty-five (25) feet): (D) Streetyard and Interior Shrubs (mature height: approximately thirty-six (36) inches): (1) Supplemental Evergreen Shrubs. about:blank 6/10/2016 Warty Barberry Dwarf Burford Holly Japanese Holly (var.) Azalea (var.) Berberis verruculosa Ilex cornuta "Burfordii" nana Ilex crenata (var.) Azalea sp. __ Mugo Pine Pinus mugo juniper(var.) Euonymous (var.) Leatherleaf Viburnum juniperus sp. Euonymous sp. Viburnum rhytidophyllum (2) Deciduous. Forsythia Forsythia sp. Dwarf Burning Bush Euonymous alatus "Compacta" __ _ _ _ _ _ Thunberg Spirea Spirea thunbergi Viburnum (var.) Viburnum sp. Oakleaf Hydrangea Hydrangea quercifolia Japanese Flowering Quince Chaenomeles japonic Potentilla Potentilla fruticosa Ornamental Grass Varieties Oregonholly Grape Nandina Dwarf Nandina Mahonia bealei Nandina domestica Nandina domestica nana (E) Primary Evergreen Shrubs and Outdoor Storage Area Screening Plants (installation height: six (6) feet): American Holly Ilex opaca Burfora Holly Ilex cornuta "Burfordii" Nellie Stevens Holly Ilex cornuta "Nellie Stevens" Wax Myrtle Myrica cerifera Hetz�uniper _ Arborvitae Eastern Red Cedar Japanese Black Pine (F) Groundcovers (planting areas, berms, wall planters): Lily -Turf Hybrid Daylily Aaronsbeard Rockspray Cotoneaster juniperus hetzi Thuja occidentalis �uniperusvirginiana Pinus thunbergiana Liriope muscarii Hemerocallis hybrida Hypericum calysinum Cotoneaster horizontalis about:blank 6/10/2016 Clemmons, NC Unified Development Code Page 10 of 10 (G) The following trees shall not be credited toward the requirements of Section B.3-4.2.1: Bradford Pear Pyrus calleryana "Bradford" Silver Maple Acersaccharinurn Hybrid Poplars Populus spp. Tree of Heaven Ailanthus altisimma Mimosa Albizia julibrissin Royal Paulownia Paulownia tomentosa Pine (var.) Pinus sp. about:blank 6/10/2016 kAL I : As AL f the r� ;�, ��t�safety,�, t., ,rl Rants village. , Unifiedhe Development Ordinance is amended as follows, owl tallementsd Regulations r 0 (B) Intent 'E: Its s t0 e t re is t it $ eta sto be added r i icteit s r im a �, 4 v MUM,r % !� ■ lip M1v III IV i ml u a ITS 0"1 ME 0 a .: ■ w building -or cumulative additions 25% or greater of the priginalbuildiag f n a below. the . r to the reguirements ofthis ordinance, M WORK i_ WIN eet ! is �: ; • or,, v r�. • shall [e re i + � y .: � `� i_...__ r it as ! i a iC ased w4H area) 10. Newly created sidewalks as shown in "Exhibit A" shall be reqwred under the Is rectuirements of Section E above, n i f I� "Bas Ral some 3tore, Furniture Store,, General Merchandise Stor( 51 RI s i. #. kcademic e 'tal3Health Center. Library,nstitution., Police/Fire Station,Post Office, School All new dev or other 'i s access ease Lid a I ic r,ightof wav f om a prioritv list aspM)pertowners voluntanlvdedicate tst Hine of Clemmons Planning Office, 'If a developer and/or prq overlay section a '` ati I MI M MIT nd intent section of this amendment. ., �� e.i' •ate � . a� ®,�� Environmental Quality N.C. Division of Energy, Mineral and Land Resources (DEMLR) Stormwater Management Program Assessment 512 N.Salisbury Street, Raleigh NC 27604 Contained In this Report - Permit Number: NCS000410 Village of Clemmons Permit Number: NCS000410 County: Forsyth Report Number: NCS000410_2018 Region: Winston-Salem Background Information sw100010 APPLICANT STATUS INFORMATION sw100020 Name of Public Entity Seeking Permit Coverage Village of Clemmons sw100060 Jurisdictional Area (square miles) 12.054 SW100070 Population Permanent 20,420 SW100080 Population Seasonal (if available) sw100110 RPE / MS4 SYSTEM INFORMATION SW100120 Storm Sewer Service Area (square miles) 12.054 SW100130 River Basin(s) Yadkin -Pee -Dee sw100150 Estimated percentage of jurisdictional area containing the following four land use activities SW100160 Residential 60.2 SW100170 Commercial 20.43 SW100180 Industrial 1.57 sw100190 Open Space 17.8 SW100210 Do you have an inventory of storm water inlets, pipes, ditches, and open channels? Yes sw100220 Do you know how many outfalls your city discharges to and where they are located? Yes sw100260 EXISTING LOCAL WATER QUALITY PROGRAMS 2018 Page Number: 3 SW 100270 SW100280 "Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. Storm water programs should be designed to address the specific needs of the community and water resources they are intended to protect. If you haven't done so already, collect information on your city's receiving waters and what pollutants and sources are impacting those waters. You should also know the various uses of your receiving waters so you can design a program to protect those uses. Complete a table below for each river basin within the MS4 service area. The web sites and resource contacts listed below under Information Sources will help you locate the information you need. " River Basin Program 1 SW100290 Receiving Stream Name Yadkin River SW100300 Stream Segment LL 12-(86.7) SW100310 Water Quality Classification WS-IV Use Support Rating SW 100325 TM D L No SW 100332 S W 100333 i SW100334 S W 100335 Receiving Stream Name Blanket Creek (Lasater Lake Stream Segment 12-90 2 Water Quality Classification WS-IV Use Support Rating SW100336 TMDL No SW100337 SW100338 Receiving Stream Name Johnson Creek Stream Segment 12-91 SW10033A Water Quality Classification WS-IV Page Number: 4 SW10033B Use Support Rating SW10033C TMDL No SW10033D Program 4 SW100400 Your river basin table should list the primary streams that receive stormwater runoff from the MS4 jurisdictional area. Primary streams are those that are shown on a USGS topo maps or SCS map. Streams that are shown on the USGS or SCS maps but do not have a name shall be listed as an unnamed tributary to the nearest named downstream receiving water body. SW10033E Receiving Stream Name Muddy Creek SW10033F Stream Segment 12-94 (0.5) SW10033G Water Quality Classification C SW10033H Use Support Rating SW100331 TMDL Yes SW100340 Local Nutrient Sensitive Waters Strategy No SW100350 Local Water Supply Watershed Program Yes SW100360 Delegated Erosion and Sediment Control Program Yes SW100370 CAMA Land Use Plan No SW100440 River basin you are in: http://h2o.enr.state.nc.us/basinwide/whichbasin.htm SW100450 Stream Index Numbers: http://h2o.enr.state.nc.us/bims/Reports/reportsWB.html SW100460 Water Quality Classifications: http://h2o.enr.state.nc.us/bims/Reports/reportsWB.htmI SW100470 Basinwide Water Quality Plans: http://h2o.enr.state.nc.us/basinwide/index.htmI SW100480 303(d) List: http://h2o.enr.state.nc.us/mtu/download.html SW100490 CO -PERMIT APPLICATION STATUS INFORMATION (Complete this section only if co -permitting) SW100500 Do you co -permit with a permitted Phase I entity? No SW100510 If so, provide the name of that entity: Page Number: 5 SW100550 Other Entity none SW100560 Have legal agreements been finalized between the co-permittees? NO SW100570 RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS Sw1oo Do you intend that another entity perform one or more of your permit obligations? Yes SW100590 If yes, identify each entity and the element they will be implementing SW100600 Name of Entity Winston-Salem Erosion Control SW100610 Element they will implement Construction Site Runoff Control SW100620 Contact Person Matthew Osborne SW100630 Contact Address 101 N. Main St Winston-Salem NC 27101 SW100640 Contact Telephone Number 336-747-7453 SW100650 Are legal agreements in place to establish responsibilities? Yes SW100660 PERMITS AND CONSTRUCTION APPROVALS SW100700 State or NPDES Stormwater Permit Number (s) issued to the permittee SW100920 MS4 CONTACT INFORMATION SW100930 Provide the following information for the person/position that will be responsible for day to day implementation and oversight of the stormwater program. SW100940 Name Mike Gunnell S W 100950 Title Public Works Director/Village Engineer SW100960 Street Address 3800 Dillon Industrial Dr SW100970 PO Box n/a Page Number: 6 sw100980 City Clemmons sw100990 State NC sw101000 Zip 27012 sW101010 Telephone 336-766-9170 SW101020 Fax III -I Al1An SW101030 E-Mail mgunnell(@clemmons.org SW101040 "Permittee's Website" www.clemmons.org SW101050 BMPs SW101060 Do you plan to add any new BMPs? No SW101070 Do you plan to amend any existing BMPs? No SW101080 If yes, please provide a BMP description, measurable goal, and implementation schedule for each new or amended BMP. If further space is needed, attach additional sheets. Page Number: 7 Information specifically regarding the permit SW101460 Permitting Information SW101490 Does the Stormwater Management Program provide an organizational chart that shows where the responsible parties fit into the structure of the permittee's organization? Yes Page Number: 8 Co -Permitting Information SW101570 Contract Operations SW101630 Does the Stormwater Management Program identify contract operations (i.e., Transit Authorities, Pesticide Application, Construction Projects, Street Washing, Maintenance of right -a -ways, GIS Mapping, Monitoring, Stream Restorations, Litter or Solid Waste Pickup, Recycling, Household Waste)? Yes Comments: Construction projects, solid waste, recycling, household waste Page Number: 9 Public Education and Outreach SW101690 Public Education and Outreach SW101700 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes SW101710 Does the Stormwater Management Program identify the target audiences likely to have significant storm water impacts (including commercial, industrial and institutional entities) and why those target audiences were selected? Yes SW101720 Does the Stormwater Management Program identify what target pollutant sources the permittee's public education program is designed to address and why those sources are an issue? Yes SW101730 Does the Stormwater Management Program describe the permittee'ls outreach program (i.e., how the permittee plans to inform individuals and households about the steps they can take to reduce storm water pollution and how the permittee plans to inform individuals and groups on how to become involved in the storm water program? Yes SW101750 Has the permittee develop general stormwater educational material to appropriate target groups? Instead of developing its own materials, the permittee may rely on state -supplied Public Education and Outreach materials, as available, when implementing its own program. Yes Comments: Clemmons was a member of the Piedmont Triad Water Quality Partnership, a collaboration of 17 local governments in the Piedmont Triad Region of North Carolina, working together to educate residents about stormwater and water quality issues: including non -point source pollution, regulations and best management practices. SW101760 Does general stormwater educational material include information on the following topics: SW101770 Household Hazardous Waste Yes SW101780 Pet Waste Yes SW101790 Septic Systems Yes SW101800 Lawn and Gardening Yes SW101810 Vehicle Washing Yes SW101820 Erosion Yes SW101830 Stream Buffers Yes Page Number: 10 SW101840 Flooding Yes SW101850 Litter Yes SW101860 List any additional topics not identified above. professional carwash, disposal of motor oil, illicit discharges SW101870 Does the permitteenulls outreach program include: SW101880 Distributing printed educational material to general public through utility mail outs? Not Applicable Comments: no access to utility, utility mail outs SW101890 Distributing printed educational material to general public through special events (i.e., Information booth at festivals and fairs)? Yes SW101900 Distributing printed educational material to business / industry? Yes SW101910 Presentations to local community groups? Yac SW101920 Stormwater programs/presentations for elementary or middle schools? Yes SW1o1 Local TV or radio spots? Yes SW101940 Print Media - Ads / Articles / Newsletters? Yes SW101950 Posters? Yes SW101960 Storm drain stenciling Yes Comments: storm drain markers SW101970 Other environmental education programs (i.e., Designate a "Keep SW Clean" month)? Yes SW101980 Workshops Yes SW101990 Stream basin signage? Not Applicable Page Number: 11 SW102000 Has the permittee developed an internet web site for newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? Yes SW102020 Does the permittee maintain an internet web site for newsletter articles on stormwater, information on water quality, stormwater projects and activities, and ways to contact stormwater management program staff? Yes SW102060 Classroom Outreach sW102070 The number of educational materials distributed to schools. 2201 SW102080 The number of schools that participate in municipal -sponsored storm water workshops or activities. 5 Comments: Clemmons Elem, Morgan Elem, Southwest Elem, West Forsyth HS, A Child's World Learning Center Sw102090 The number of students that participate in municipal -sponsored storm water workshops or activities. 445 SW102100 The number of workshops held for teachers. 0 SW102110 The number of certificates or other rewards given out to schools, classes, or students participating in storm water education. 75 Comments: Lenny the Lifeguard's Water Safety Squad SW102120 The number of students receiving storm water education as a regular part of the school curriculum. 0 SW102130 Displays, Signs, Presentations, Welcome Packets, and Pamphlets SW102150 The number of stormwater related displays at special events or meetings. 9 Comments: SW Spring Fling, Clemmons Elem Earth Day, Family Fishing Fun, Spring Cleanup, Fall Cleanup, Ice Cream Festival, Goblin Hop, Career Day, Community Day Sw102160 The number of people at events who saw the display or took a pamphlet/booklet. 7010 SW102170 Number of new homeowner welcome packets containing storm -water -related information. 103 SW102180 The number of signs and billboards with stormwater related messages. 102 SW102190 The number of stormwater related presentations at special events or meetings. 13 Page Number: 12 SW102200 Commercial Outreach SW102210 The number of educational materials that were distributed to business owners and operators. 50 SW102220 The number of businesses trained under the stormwater program. 0 SW102310 Pet Waste Management SW102320 The number of "clean up after your pet" signs posted in parks and neighborhoods. 78 SW102330 The number of dog -walking designated areas in parks. 0 SW102340 The number of posters/brochures put up in pet supply stores. 150 Comments: stickers - 4 vets, Pets (pet store) SW102350 The number of educational materials given out to pet owners. 17 Comments: baps on board SW102360 Promotional Giveaways SW102370 The number of items given out. 4939 8W102380 The number of events attended (to give out items). 25 SW102390 The number of partnerships for promotions (radio, TV, Businesses). 2 Comments: Forsyth Creek Week, PTWQP SW102400 Proper Disposal of Household Hazardous Waste SW102410 The number of household hazardous waste curbside pickup days. 0 SW102420 The number of educational materials distributed to homeowners. 103 Comments: new homeowners packet (3RC Info) SW102430 The number of partnerships established with businesses. 0 SW102440 Outreach Programs to Minority and Disadvantaged Page Number: 13 SW102450 The number of brochures/posters created in non-English languages. 20 Comments: medicine drop - Spanish flyers Sw102460 The number of educational materials distributed in non-English languages. 10 Comments: medicine drop, scoop the poop cards SW102470 The number of partnerships established with minority organizations. 0 SW102480 The number of educational materials distributed to low-income neighborhoods. 20 Comments: medicine drop SW102490 Attendance at workshops or public meetings held in low-income or minority neighborhoods. 0 SW102540 Using the Media SW102550 The number of public service announcements made on radio and TV. 1359 Comments: Forsyth Creek Week, PTWQP sW102560 The number of stormwater related press releases/advertising. 9,024,626 Comments: The PTWQP started working with SpiderDigital and social media to get our current years Stormwater topic advertised more. This includes, Facebook, Twitter, Instagram, YouTube. Also included in this number is press releases done in-house, via Facebook and the local paper. SW102570 The number of stormwater related articles published. 6 Comments: Fall Cleanup, Spring Cleanup, Creek Week (before), Creek Week (cleanup), 2 spring cleanup advertising Sw102580 Water Conservation for Home Ow SW102590 The number of partnerships established with local water utilities. 0 SW102600 The number of water conservation or stormwater related utility inserts that are distributed with utility bills. Lmdmm 0 SW102610 A survey of homeowners about their water conservation behavior before and after the message is delivered. 0 Page Number: 14 Public Involvement and Participation sW102620 Public Involvement and Participation SW102630 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes sW102640 Does the Stormwater Management Program identify the target audiences of the permitteenulls public involvement program, including a description of the types of ethnic and economic groups engaged? Yes SW102650 Permittee are encouraged to actively involve all potentially affected stakeholder groups, including commercial and industrial businesses, trade associations, environmental groups, homeowners associations, and educational organizations, among others. SW102660 Does the Stormwater Management Program describe how the permittee will involve the public in the development and implementation of the permittee's storm water management program and the types of public involvement activities included in the permittee's program that the permittee plans to use to educate local community groups? Yes SW102670 Has the permittee provided for the means to involve the public in the development and implementation of the permittee's storm water management program through: SW102680 Public Hearings, stakeholder meetings, or other meetings? Yes SW102690 A Stormwater Steering Committee (or similar advisory group)? Yes SW102700 Stream clean-up events? Yes Comments: Forsyth Creek Week cleanup event SW102710 Adopt -a -stream, Adopt -a -drain, Adopt -a -highway or Adopt -a -trail program? Yes Comments: Community Cleanup Events, Forsyth Creek Week collaboration(Great American Cleanup) SW102720 Reforestation programs or wetland planting programs? Yes SW102730 A stormwater hotline? Yes SW102740 Volunteer monitoring programs? Yes SW102750 Storm drain stenciling? Yes Comments: storm drain markers Page Number: 15 SW102760 Encourage neighborhood coordinators to become active in the program? Yes SW102770 Regional workshops? Yes Comments: Forsyth Co-op Extension SW102780 Telephone/Web/Mall surveys? Not Applicable SW102790 Working with citizen volunteers willing to educate others about the program? Not Applicable SW102830 Adopt -A -Stream Program SW102840 The number of participants in Adopt -A -Stream, Adopt -a -drain, Adopt -a -highway or Adopt -a -trail programs. 250 Comments: Community Clean Up Events, Forsyth Creek Week SW102850 The quantity of trash and debris removed by Adopt -A -Stream, Adopt -a -drain, Adopt -a -highway or Adopt -a -trail volunteers (in tons). 1.5 SW102860 Surveys SW102870 The number of citizens solicited to complete surveys. 0 SW102880 The number of completed surveys. 0 SW102890 Hotlines SW102900 The number of calls received by a hotline(s). 6 SW102910 The number of problems/incidents remedied as a result of hotline calls. 6 SW102920 Reforestation Programs SW102930 The number of volunteer tree planters. 0 SW102940 The number of trees planted. 0 SW102950 The number of acres planted with trees. 0 SW102960 Public Hearings, stakeholder meetings, or other meetings Page Number: 16 The number of meetings held. 18 Comments: all council, planning board, and SWAB meetings with the discussion of stormwater SW102980 The number of attendees. 466 SW102990 The number of actions taken as a result of stakeholder meetings. 11 Comments: combination of liaison delegates, chair positions, proclamations, funds transfers, utility fee voting, etc. SW103000 Storm Drain Stenciling SW103010 The percent of drains stenciled. 50 SW103020 The number of stenciling volunteers. 1 sw103030 The number of drains stenciled. 10 SW103040 Stream Cleanup SW103050 The number of stream cleanups. 1 Comments: Forsyth Creek Week, behind Peace Haven Trailer Park .016 SW103060 The number of cleanup participants. 21 SW103070 The quantity of waste collected as a result of cleanup efforts (in tons). <1 SW103080 The number of stream miles cleaned. <1 Swi03090 Volunteer Monitoring SW103100 The number of volunteers participating in monitoring programs. 0 The frequency of monitoring in the watershed (D-Daily, W-Weekly, B-Bimonthly, M-Monthly, Q-Quarterly Ir and A -annually). 0 SW103120 The number of volunteer monitoring stations established in the watershed. 0 SW103130 The number of volunteer monitoring training sessions held. 0 Page Number: 17 SW103140 The number of actions that were taken as a result of the monitoring data -collected by volunteers. 0 SW103150 Wetland Plantings SW103160 The acres of land planted. 0 The number of volunteers that participated in planting. 0 sw103180 The number of planting events held. 0 Page Number: 18 Illicit Discharge Detection and Elimination SW103190 Illicit Discharge Detection and Elimination SW103200 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes SW103210 Stormwater Map SW103220 Has the permittee will developed or the in the process of developing a storm sewer map showing the location of all outfalls and the names and location of all receiving waters? Yes SW103260 Does stormwater mapping include drainage areas? Yes SW103270 Does stormwater mapping include receiving streams? Yes SW103280 Does stormwater infrastructure mapping include outfalls? Yes SW103290 Estimated or actual number of outfalls. 720 SW103300 Does stormwater infrastructure mapping include sewer pipes? Yes SW103310 Does stormwater infrastructure mapping include structures (e.g., detention ponds and other structural BMPs? Yes SW103320 Estimated or actual number of structural BMPs? 61 SW103330 Percent of outfall mapping complete. 99 Comments: new construction areas SW103340 Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism) the permittee will use to effectively prohibit illicit discharges into the MS4 and why the permittee chose that mechanism? Yes SW103350 Does the Stormwater Management Program describe the permittee's plan to ensure appropriate enforcement procedures and actions such that the permittee's illicit discharge ordinance (or other regulatory mechanism) is implemented? Yes SW103360 Does the Stormwater Management Program describe the permittee's plan to detect and address illicit discharges to the permittee's system, including discharges from illegal dumping and spills? Yes Page Number: 19 SW103370 The permittee must implement an inspection program to detect dry weather flows at system outfalls and, at a minimum, must address the following: SW103380 Procedures for locating priority areas. SW103390 Procedures for tracing the source of an illicit discharge, including the specific techniques permittee will use to detect the location of the source. SW103400 Procedures for removing the source of the illicit discharge. SW103410 Procedures for evaluation of the plan to detect and eliminate illicit discharges. SW103420 Does the Stormwater Management Program address the following categories of non storm water discharges or flows (i.e., illicit discharges) only if permittee identify them as significant contributors of pollutants to the permitteenulls small MS4: Yes Comments: Chapter 50.35 Allowable Discharges SW103430 landscape irrigation; SW103440 water line flushing; SW103450 diverted stream flows; SW103460 uncontaminated groundwater infiltration; SW103470 discharges from potable water sources; SW103480 air conditioning condensate (commercial/residential); SW103490 springs; SW103500 footing drains; SW103510 residential and charity car washing; SW103520 dechlorinated swimming pool discharges; SW103530 rising groundwaters; SW103540 uncontaminated pumped groundwater; SW103550 foundation drains; SW103560 irrigation waters (does not include reclaimed water as described in 15A NCAC 2H .0200); SW103570 water from crawl space pumps; SW103580 lawn watering; SW103590 flows from riparian habitats and wetlands; SW103600 street wash water; SW103610 flows from emergency fire fighting. Page Number: 20 SW103620 The permittee may also develop a list of other similar occasional, incidental non -storm water discharges that will not be addressed as illicit discharges. SW103630 These non -storm water discharges must not be reasonably expected (based on information available to the permittees) to be significant sources of pollutants to the Municipal Separate Storm Sewer System, because of either the nature of the discharges or conditions the permittee has established for allowing these discharges to the permittee's MS4 (e.g., activity with appropriate controls on frequency, proximity to sensitive waterbodies, BMPs). SW103640 Does the Stormwater Management Program document local controls or conditions placed on discharges and a provision prohibiting any individual non -storm water discharge that is determined to be contributing significant amounts of pollutants to the permittee's MS4? Yes SW103650 In addition to conducting training for selected staff on detecting and reporting illicit discharges," does the Stormwater Management Program describe how the permittee plans to inform businesses and the general public of hazards associated with illegal discharges and improper disposal of waste? Yes SW103700 Does the Stormwater Management Program establish and publicize a reporting mechanism for the public to report illicit discharges? Yes SW103710 Does the Stormwater Management Program establish an illicit discharge management tracking system? Yes SW103720 Does the Stormwater Management Program establish a stormwater incident response program? Yes SW103730 Does the Stormwater Management Program provide for an illicit discharge brochure, poster or other educational material development and distribution? Yes SW103740 Does the Stormwater Management Program provide for a septic system program in conjunction with the Health Department? Not Applicable Comments: these items are taken care by Forsyth County Health Department SW103750 Does the Stormwater Management Program provide street sweeping, inspecting and cleaning inlets and outfalls? Yes SW103760 Does the Stormwater Management Program establish procedures to coordinate efforts to eliminate illicit discharge cross connections between sanitary and storm sewers? Yes SW103770 Does the Stormwater Management Program establish procedures to maintain the sanitary sewer system? Not Applicable Comments: Another agency is responsible for sanitary sewer - Winston-Salem/Forsyth County Utilities SW103780 Does the Stormwater Management Program establish a Household Waste Recycling Program? Yes Comments: WM recycling every other week for residents in the corporate limits SW103850 Identifying Illicit Connections Page Number: 21 SW103860 The number of sites prioritized for inspection. 0 SW103870 The number of illicit connections reported by citizens. 0 SW103880 The number of illicit connections found. 2 SW103890 The number of illicit connections repaired/replaced. 2 SW103900 The number of illicit connection referrals. 0 SW103910 Illegal Dumping SW103930 The number of illegal dumps reported by citizens. 2 Comments: Whitmore Cove, (Whitmore cleaned up spill before reaching storm drain) Clarksburg - 1/20/17 (timeline gap between annual reports, new permit year and new reporting years from MS4 Program Coordinators) M& 4& _AM� SW103940 The number of penalties enforced upon the participants of illegal dumps. 0 Comments: nov to Clarksburg - no charges were collected as area was cleaned up. SW103950 The number of illegal dump or sit -out clean-ups completed. 1 SW103970 Industrial or Business Connections SW103980 The number of dry weather tests/inspections completed. 0 SW103990 The number of high -risk connections prioritized. 0 SW104000 The number of illicit connections reported by employees or businesses. 0 SW104010 The number of illicit connections found. 0 SW104020 The number of illicit connections repaired/replaced. 0 SW104030 Recreational Sewage SW104040 The number of pump -out stations. 0 Page Number: 22 SW104050 The number of no -discharge areas created. 0 SW104060 The number of new signs added to inform users of dumping policies and alternatives. 0 SW104070 The number of enforced cases of recreational dumping. 0 SW104080 The number of citizen complaints made reporting illegal action. M 0 SW104090 Sanitary Sewer Overflows (SSO) The number of overflows reported. 1 Comments: KMart/Chinese rest. SW104110 The number of overflow causes that were identified during inspections. 1 The number of sites repaired. 1 SW104130 Wastewater Connections to the Storm Drain System SW104140 The number of rerouted connections. 0 SW104150 The number of dry weather monitoring activities performed. 0 SW104160 The number of unwarranted connections reported. 0 SW104170 The number of unwarranted connections found. 0 SW104180 The number of unwarranted connections repaired/replaced. 0 Page Number: 23 Construction Site Stormwater Runoff Control SW104190 Construction Site Stormwater Runoff Control sW104200 Does the permittee rely on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure for private development? (If no, go to S W 104220 ) No Root Cause : Unclear or conflicting federal, state, county or local requirements Plan of Action: Rely on delegated program, see SW 104220 (City of Winston-Salem's Erosion Control Program) SW104210 If the permittee relies on the NCDENR Division of Land Resources (DLR) Erosion and Sediment Control Program to comply with this minimum measure for private development, than the NCDENR Division of Land Resources Erosion and Sediment Control Program effectively meets the requirements of the Construction Site Runoff Controls by permitting and controlling development activities disturbing one or more acres of land surface and those activities less than one acre that are part of a larger common plan of development. SW104220 Does the permittee rely on rely on a locally delegated program to meet the minimum measure for private development requirements? (If no, go to SW104300) Yes Comments: City of Winston-Salem Erosion Control Program SW104230 If the permittee relies on a local government to comply with this minimum measure, does the permittee conduct random inspections of local land disturbing activities that have a sediment and erosion control permit, issued by local government? Yes SW104250 If the permittee relies on a local government to comply with this minimum measure, does the permittee report sites that are not in compliance with their sediment and erosion control permits to the local government? Yes SW104260 If the permittee relies on a local government to comply with this minimum measure, does the permittee report unresolved concerns to the local government? Yes SW104270 If the permittee relies on a local government to comply with this minimum measure, does the permittee maintain a record of unresolved concerns reported to the local government? Yes SW104300 Does the permittee have a delegated program to meet the requirements of an Erosion and Sediment Control Program for private development? (If no go to SW104450) No Root Cause : Unclear or conflicting federal, state, county or local requirements Plan of Action: Rely on delegated program, see SW 104220 (City of Winston-Salem's Erosion Control Program) SW104310 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? No Root Cause : Unclear or conflicting federal, state, county or local requirements Plan of Action: Rely on delegated program, see SW 104220 Also collaborate with NCDEQ Stormwater Design Manual Page Number: 24 SW104320 Does the Stormwater Management Program describe the mechanism (ordinance or other regulatory mechanism) the permittee will use to require erosion and sediment controls at construction sites and why the permittee chose that mechanism? No Root Cause : Unclear or conflicting federal, state, county or local requirements Plan of Action: Rely on delegated program, see SW 104220 (City of Winston-Salem's Erosion Control Program) SW104330 If permittee needs to develop this mechanism, the permittee's plan should describe the plan and a schedule to do so. SW104340 Does the Permittee conduct site plan review(s), including the review of pre -construction site plans, which incorporate consideration of potential water quality impacts? Yes Comments: The Village of Clemmons reviews all construction documents, however, City of Winston-Salem's Erosion Control Program enforces all sediment and erosion control plans and practices in the field. SW104350 The Stormwater Management Program must describe procedures and the rationale for how permittee will identify certain sites for site plan review, if not all plans are reviewed and describe the estimated number and percentage of sites that will have pre -construction site plans reviewed. SW104360 Does the Stormwater Management Program describe the permittee's plan to ensure compliance with the permittee's erosion and sediment control regulatory mechanism, including the sanctions and enforcement mechanisms permittee will use to ensure compliance? No Root Cause : Unclear or conflicting federal, state, county or local requirements Plan of Action: Rely on delegated program, see SW 104220 (City of Winston-Salem's Erosion Control Program) SW104370 The Stormwater Management Program must describe the permittee's procedures for when the permittee will use certain sanctions. Possible sanctions include non -monetary penalties (such a stop work orders), fines, bonding requirements, and/or permit denials for non-compliance. SW104380 Does the Stormwater Management Program describe the permittee's procedures for site inspection and enforcement of control measures, including how the permittee will prioritize sites for inspection? No Root Cause : Unclear or conflicting federal, state, county or local requirements Plan of Action: Rely on delegated program, see SW 104220 (City of Winston-Salem's Erosion Control Program) SW104430 Does the Stormwater Management Program require construction site operators to implement erosion and sediment control BMPs and to control construction site wastes that may cause adverse water quality impacts? No Root Cause : Unclear or conflicting federal, state, county or local requirements Plan of Action: Rely on delegated program, see SW 104220 (City of Winston-Salem's Erosion Control Program) Page Number: 25 SW104440 Does the Stormwater Management Program require construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality? No Root Cause : Unclear or conflicting federal, state, county or local requirements Plan of Action: Rely on delegated program, see SW 104220 (City of Winston-Salem's Erosion Control Program) it SW104460 SW104480 SW104500 SW104510 S W 104520 SW104530 S W 104590 Does the permittee provide and promote a means for the public to notify the appropriate authorities of observed erosion and sedimentation problems? Yes Consider coordinating this requirement with the permittee's public education program. Publicize the procedures and contact information. The procedures must lead directly to a site inspection or other timely follow-up action. The permittee may implement a plan promoting the existence of the NCDENR, Division of Land Resources "Stop Mud" hotline to meet the requirements of this paragraph. Staff Training and The number of training and certification programs offered to staff. 0 The number of trained staff inspectors. 0 The number of certified staff inspectors. 0 The number of certified contractors by permittee. 0 Inspection and Enforcement The number of plans reviewed greater than one acre. 7 Comments: Information received from Erosion Control Inspector City of Winston-Salem Traffic Field Operations Department Erosion Control Division The number of enforcement actions or NOVs taken. 0 Page Number: 26 Post -Construction Storm Water Management in New Development and Redevelopment SW104890 Post -Construction Storm Water Management in New Development and Redevelopment Sw104900 Does the Stormwater Management Plan summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes SW104910 Does the Stormwater Management Program describe how the permittee will develop an ordinance or other regulatory mechanism to implement and enforce a program to address post construction runoff from new development and redevelopment projects? Yes Sw104920 The permittee's ordinances, and subsequent modifications, will be reviewed and approved by DWQ prior to implementation. The approval process will establish subsequent timeframes when DWQ will review performance under the ordinance(s). The reviews will occur, at a minimum, every five years. Regulated public entities without ordinance making powers must demonstrate similar actions taken in their post construction stormwater management program to meet the minimum measure requirements. SW104930 Does the Stormwater Management Program describe how the permittee will ensure the long-term operation and maintenance (O&M) of BMPs? Yes SW104940 Options to help ensure that future O&M responsibilities are clearly identified include an agreement between the permittee and another party, such as the post -development landowners or regional authorities. Yes SW105000 Does the Stormwater Management Program explain how the permittee will control the sources of fecal coliform to the maximum extent practicable? Yes SW105010 Do new development and redevelopment codes allow for the following: SW105020 Bioretention basins? Yes SW105030 Alternative pavers? Yes SW105040 Buffer zones? Yes SW105050 Dry ponds? Yes SW105060 Wet ponds? Yes SW105070 Alternatives to curb and gutter? Yes SW105080 Grass swales? Yes Page Number: 27 SW105090 SW105100 SW105110 SW105120 L�� SW105130 Grassed filter strips? Yes Green parking lots? Yes In -line storage systems? Yes Infiltration basins? Yes Infiltration trenches? Yes SW105140 Manufactured products installed in storm water inlets? Yes SW105150 Developments and redevelopments that use narrow streets? Yes Comments: The Village of Clemmons would review any Low Impact Development (LID) neighborhood site plans if any developer were to bring to Clemmons. SW105160 On -lot treatment? Yes SW105170 Open space design? Yes SW105180 Sand and organic filters? Yes SW105190 Porous pavement? Yes SW105200 Stormwater wetlands? Yes SW105210 Urban forestry? Yes SW105220 Does the Stormwater Management Program, in coordination with the County Health Department, ensure proper operation and maintenance of on -site wastewater treatment systems for domestic wastewater? Yes SW105230 Does the Stormwater Management Program provide training for staff and developers/builders? Yes SW105260 BMP Inspection and maintenance SW105270 Are annual inspection reports required of permitted structural BMPs performed by a qualified professional? Yes Page Number: 28 sw105280 The number of BMP inspections and/or maintenance activities. 61 SW105290 The number of problems that were identified and remedied. 3 SW105300 New Development and Redevelopment BMP Summary SW105310 The number of development/redevelopment projects regulated for post -construction stormwater control. 14 sw105550 Evaluation of Post -construction Stormwater Management Program Measures SW105560 Model Practices: For those areas within the jurisdictional area of the permittee that are not subject to the post -construction stormwater management provisions of another existing state stormwater management program, does the permittee's Post -construction Stormwater Management Program equal or exceed the stormwater management and water quality protection provided by the following model practices: SW105570 Does the permittee issue local stormwater management permits to new development or redevelopment projects as either a low density project or a high density project? Yes SW105580 Do projects permitted as a low density projects meet the following criteria: Yes SW105590 No more than two dwelling units per acre or 24% built -upon area; and, SW105600 Use of vegetated conveyances to the maximum extent practicable? SW105610 Are projects permitted as high density projects meet the following requirements: Yes Comments: All high density projects must treat the design water quality event, the 1 yr-24 hr. event, as well as the 25 year 6 hr. event. All design storm events must not only treat but discharge over a 2-5 day period at a rate not greater than the pre -developed rate. SW105620 The stormwater control measures control and treat the difference between the pre -development and post -development conditions for the 1-year 24-hour storm. Runoff volume draw -down time must be a minimum of 24 hours, but not more than 120 hours; SW105630 All structural stormwater treatment systems are designed to achieve 85% average annual removal of total suspended solids; and SW105640 Stormwater management measures comply with the General Engineering Design Criteria For All Projects requirements listed in 15A NCAC 2H .1008(c); SW105650 Are deed restrictions and/or protective covenants required by the locally issued permit and incorporated by the development to ensure that subsequent development activities maintain the development (or redevelopment) consistent with the approved plans? Yes SW105660 Are all built -upon areas at least 30 feet landward of perennial and intermittent surface waters? Yes Page Number: 29 SW105670 Watershed Protection Plans: Has the Permittee developed, adopted, and implemented a comprehensive watershed protection plan to meet part, or all, of the requirements for post -construction stormwater management? Yes SW105680 Areas within the jurisdictional area of the permittee that are already subject to the existing state stormwater management programs are deemed compliant with the post -construction stormwater management model practices identified in (a). The programs are: the Water Supply Watershed protection programs for WS-1 — WS-IV waters, the HQW and ORW waters management strategies, the Neuse River Basin Nutrient Sensitive Waters (NSW) Management Strategy, the Tar -Pamlico River Basin Nutrient NSW Strategy, and the Randleman Lake Water Supply Watershed program. SW105690 A regulated entity may develop its own comprehensive watershed plan, use the model ordinance developed by the Commission, design its own post -construction practices based on the Division's guidance and engineering standards for best management practices, or incorporate the post -construction model practices to satisfy, in whole or in part, the requirements for post -construction stormwater management. SW105700 Additional Requirements for Trout Waters: Has the permittee developed, adopted, and implemented an ordinance (or similar regulatory mechanism) to ensure that the best management practices selected do not result in a sustained increase in the receiving water temperature? Not Applicable SW105710 Additional Requirements for Nutrient Sensitive Waters SW105720 Has the permittee developed, adopted, and implemented an ordinance (or similar regulatory mechanism) to ensure that the best management practices for reducing nutrient loading is selected? Not Applicable SW105730 Has the permittee developed and included a nutrient application (fertilizer and organic nutrients) management program in the Post -construction Stormwater Management Program? Not Applicable SW105740 In areas where the Environmental Management Commission has approved a Nutrient Sensitive Water Urban Stormwater Management Program, the provisions of that program fulfill the nutrient loading reduction requirement. Page Number: 30 Pollution Prevention/Good Housekeeping for Municipal Operations SW105750 Pollution Prevention/Good Housekeeping SW105760 Does the Stormwater Management Program summarize what best management practices will be used, the frequency of the BMP, the measurable goals for each BMP, the implementation schedule, and the responsible person or position for implementation? Yes SW 105770 Does the Stormwater Management Program list the permittee's municipal operations that are impacted by this operation and maintenance program? Yes a A" swlusisu The permittee must also include a list of industrial facilities the permittee owns or operates that are subject to NPDES Stormwater General Permits or individual NPDES permits for discharges of storm water associated with industrial activity that ultimately discharge to the permittee's MS4, including the permit number and certificate of coverage number for each facility. SW105790 Municipal Operations include: SW105800 Transfer Station No SW105810 Fleet Maintenance No SW105820 Airport No SW105830 Animal Shelters No SW105840 Waste Water Treatment Plan No SW105850 Water Plants No SW105860 Construction Debris Site No SW105870 Transit Authority No SW105880 Public Works Operations Yes SW105890 Prisons No SW105900 Emergency Service Facilities we Page Number: 31 SW105910 Fire Stations No SW105920 Landfills No SW105930 Schools No S W 105940 Parks Yes SW105950 Waste Recycling Centers Yes Comments: WM Recyclinq Bins - Contract with WM, pickup every 2 weeks SW105960 Vehicle Maintenance Operations Yes SW105970 Vehicle Wash Operations Yes SW105980 Pump Stations or Lift Stations No SW105990 Other: none SW106000 In addition to conducting staff training on stormwater pollution prevention and good housekeeping procedures, does the Stormwater Management Program describe any government employee training program the permittee will use to prevent and reduce storm water pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and storm water system maintenance? Yes SW106010 Does the Stormwater Management Program describe any existing, available training materials the permittee plans to use? Yes Comments: "Storm Watch" video by Excal SW106030 Does the Stormwater Management Program describe maintenance activities, maintenance schedules, and long-term inspection procedures for controls to reduce floatables and other pollutants to the permittee's MS4? Yes Comments: Street sweeping, inlet cleaning SW106050 Does the Stormwater Management Program describe the permittee's procedures for the proper disposal of waste removed from the permittee's MS4 and the permittee's municipal operations, including dredge spoil, accumulated sediments, floatables, and other debris? No Root Cause : Staffing levels are not sufficient to achieve performance goals Plan of Action: SOP will be developed Page Number: 32 SW106110 Industrial Activities SW106120 Did the permittee conduct annual review of the industrial activities with a Phase I NPDES stormwater permit owned and operated by the permittee? Not Applicable SW106130 Did the permittee review the Stormwater Pollution Prevention Plan, the timeliness of any monitoring reports required by the Phase I permit, and the results of inspections and subsequent follow-up actions at the facilities. Not Applicable sw1o6 Does the permittee have a Used Oil Recycling Program? Yes SW106170 Does the permittee have a street sweeping program? Yes Does the permittee have a program to clean catch basins, storm lines, and ditches? P& Yes SW106190 Does the permittee review fertilizer and pesticide use programs? Yes SW106200 Does the permittee have spill prevention plans at city facilities? Yes SW106210 City Facilities Inspections sW106220 Does the permittee inspect vehicle washing fueling, storage and maintenance areas? Yes SW106230 Does the permittee inspect material storage areas (i.e., storage areas for sand, salt, fertilizers, pesticides and other chemicals)? Yes SW106240 Does the permittee inspect stormwater outfalls? Yes SW106250 Does the permittee inspect culverts? Yes sW106260 Does the permittee inspect swales/ditchs? Yes SW106270 Does the permittee inspect catch basins, inlets, and grates? Yes SW106280 Does the permittee inspect MS4 pipes? Yes SW106290 Does the permittee inspect solid and hazardous waste management facilities and recycling centers? Not Applicable Page Number: 33 SW106300 Does the permittee inspect animal shelters and pounds? Not Applicable SW106310 Does the permittee inspect parking lots? Not Applicable SW106320 Does the permittee inspect parks and open spaces? Yes SW106330 The number of inspections conducted. 41 Comments: V.H., P.W., Rain Garden, Park, Greenway SW106400 Automobile Maintenance SW106410 The number of employees trained in preventing pollution from automobile maintenance activities. 16 SW106420 The number of sites rewarded as being a "clean site" under a rewards program. SW106430 IML The number of spills reported. 0 SW106440 The number of educational materials distributed at garages, auto shops, and other automobile -related businesses. 25 Comments: funnels SW106450 Hazardous Materials Storage SW106460 The total number of storage facilities equipped to store hazardous materials. 1 SW106470 The number of regularly inspected storage units. 1 SW106480 The number of employees trained in hazardous material storage and maintenance. 4 SW106490 Illegal Dumping SW106500 The number of "no dumping" signs posted. 6 SW106510 The number of educational materials distributed. 728 Comments: lenny activity books (clemmons) SW106520 The number of reports of illegal dumping received. 0 Page Number: 34 SW106530 The number of dump sites and/or illegal sit -outs cleaned up. 2 SW106540 The number of sites improved to eliminate as target dumping spots. 0 SW106550 The number of enforcement actions pertaining to illegal dumping. 0 SW106� Landscape and Lawn Care, and Pest Control SW106570 The number of stores/gardens participating in education programs. 0 SW106580 The number of residents trained by the permittee in safe landscaping, lawn care, and pest management techniques. 0 SW106590 The number of classes/seminars offered by the permittee in landscaping and lawn care. 0 SW106610 The number of municipal employees trained in integrated pest management. 4 SW106620 Parking Lot and Street Cleaning SW106630 The number of parking lot 0 SW106640 The number of scheduled parking lot and/or road cleanings. 250 SW106650 Pet Waste SW106660 The number of dog parks. 0 SW106670 The number of "pooper-scooper" stations installed 3 SW106680 The number of educational materials distributed. 485 Comments: index cards, stickers SW106690 Road Salt Application and Storage SW106700 The number of storage facilities included in a regular inspection and maintenance program. 1 Comments: The Village applies small amounts of salt to State maintained intersections. The salt is provided by NCDOT. Page Number: 35 SW106710 The number of employees trained in road salt application. 4 Comments: salt brine SW106720 The quantity of salt applied to roadways (in tons). 16 SW106730 The quantity of alternative products used (in tons). >1 SW106800 Spill Response and Prevention SW106810 The number of leak detection devices installed at municipal facilities. 0 SW106820 The number of preventative maintenance procedures performed on tanks, valves, pumps, pipes, and other equipment. 2 SW106830 The number of personnel trained in spill response. 16 SW106840 The number of regularly inspected high -risk facilities. 0 SW106850 The number of educational materials distributed to municipal employees. 4 SW106860 Storm Drain System Cleaning SW106870 The number of outfalls cleaned regularly. 0 Comments: outfalls are predominantly located on private property SW106880 The number of storm drains cleaned regularly. 20 SW106890 The amount of trash, sediment, and other pollutants removed during cleaning (in tons). >1 SW106900 Used Oil Recycling SW106910 The number of gallons of used oil collected from municipal operations. 500 SW106920 The number of recycling facilities that collect oil from municipal operations. 1 SW106930 The number of educational materials distributed to municipal employees. 4 SW106940 Vehicle Washing Page Number: 36 SW106950 The number of educational materials distributed to municipal employees. SW106960 The number of designated municipal vehicle washing areas. Page Number: 37 Program Accomplishments SW106970 Staff and Capital Improvement Projects SW106980 The number of staffed stormwater management position(s). 2.5 SW106990 The number of new stormwater management position(s) created or staffed for the reporting year. 1 Comments: Engineer position filled October 2017. SW107000 Total annual budget (excluding Capital Improvement Projects) for the NPDES stormwater management program for the reporting year. 912,100 SW107010 The number of Capital Improvement Projects planned. 12 SW107020 The number of Capital Improvement Projects active. 3 SW107030 The number of Capital Improvement Projects completed. 0 SW107040 Total annual budget for Capital Improvement Projects for the reporting year. 568,350 Page Number: 38 Ordinance, Legal or Regulatory Authority SW107050 Ordinance, Legal or Regulatory Authority SW107060 Illicit Discharge Detection & Elimination Adopted SW107070 Erosion & Sediment Control Adopted SW107080 Post -Development Stormwater Management Adopted SW107090 Stormwater Ordinance Adopted SW107100 Unified Development Ordinance Adopted SW107110 Flood Damage Protection Ordinance Adopted S W 107120 Other: Not Applicable S W 107130 Other: Not Applicable S W 107140 Other: Not Applicable Page Number: 39 NORTH CAROLINA AGREEMENT FORSYTH COUNTY THIS AGREEMENT, entered in this day of t Pf 1 , 2003, by the City of Winston-Salem, party of the first part, and the Village of Clemmons, party of the second part; WITNESSETH WHEREAS, the Village of Clemmons has adopted a zoning ordinance, established a Planning Board and a Zoning Board of Adjustment and needs enforcement and administrative services on a part-time basis; and WHEREAS, the City of Winston-Salem is willing to provide zoning enforcement and administrative services to Clemmons in return for payment set forth herein; NOW, THEREFORE, BE IT RESOLVED that Winston-Salem and Clemmons, in consideration of their mutual promises, do hereby contract and agree that: Winston-Salem will provide: 1. Investigation and enforcement of zoning complaints when brought to their attention by a citizen or official of Clemmons. 2. Enforcement of landscape ordinance through permitting and site inspections. 3. Enforcement of the zoning ordinance for new construction by plan review and site inspections. 4. Administration of the Zoning Board of Adjustment, including but not limited to, taking applications for meetings, preparing advertisements and agendas for meetings, providing staff for meetings and training of board members. 5. Providing staff to attend Planning Board meetings and Village Council Meetings as required. 6. Enforcement of special use zoning requirements. 7. All enforcement and administrative services will be provided at a service level equal to that provided to the City of Winston-Salem. Clemmons will provide: 1. Payment for hours worked will be equal to the hourly rate for each position plus fringe benefits times an overhead factor of two (2) for time between 7:45 a.m. and 4:45 p.m. and the above rate times one and one-half (1.5) for service after 4:45 p.m. This amount will be reduced by revenue received from zoning fees as may be adopted by Clemmons. 2. The services of an attorney to prosecute zoning violation cases, to provide council to the Zoning Board of Adjustment and to provide counsel to the inspections staff on matters related to zoning and the Zoning Board of Adjustment. 3. The meeting place and required equipment for conducting Zoning Board of Adjustment meetings. Furthermore, Winston-Salem and Clemmons agree: That this contract shall be for a term of five (5) years provided that the hourly rates for each position will be re -figured yearly, in June, to reflect salaries for the coming year. Thereafter, the agreement will continue on a year to year basis until such time as either party requests a renewed agreement. Services will be billed quarterly and due upon receipt. 2. That either party may terminate this agreement by giving ninety (90) days written notice of their intent to do so. All work will be performed in the office of the Inspections Division located at 100 E. First Street, Suite 328, except that Zoning Board of Adjustment meetings will be conducted at a place specified by Clemmons. Planning Board and Village Council meetings will be attended where held. 4. This agreement is valid provided the zoning ordinance adopted by Clemmons is substantially the same as the Winston-Salem - Forsyth County Unified Development Ordinances. The Inspections Division will be given an opportunity to review all proposed changes to the ordinance. If the change will result in a substantial increase in workload the City reserves the right to terminate the contract in accordance with Paragraph 2 above. 5. Clemmons will be responsible for producing minutes of the Zoning Board of Adjustment meetings. Except that service may be provided by the City by mutual agreement. 6. The Village of Clemmons shall indemnify and hold harmless the City of Winston-Salem and its officers and employees from and against legal liabiiity for any and all loss, claims, damages and expenses, including, but not limited to reasonable attorney's fees which the City of Winston- Salem, its officers or employees may incur arising out of actions undertaken at the direction or request of the Village of Clemmons, unless such loss, claim, damage or expense is caused by the negligence or willful act of the City of Winston-Salem, its officers or employees. This paragraph shall not be construed to diminish or otherwise affect the right of the City of Winston-Salem, its officers or employees, to assert any affirmative defense, including the defense of governmental immunity. 7. The agreement shall provide that the jurisdiction, authority, rights, privileges, and immunities (including coverage under the workers compensation laws) which the officers, agents, and employees of the City of Winston-Salem enjoy within the City of Winston-Salem shall also be enjoyed by them in the Village of Clemmons when they are acting pursuant to the agreement and within the scope of their authority or the course of their employment. 8. The Superintendent of Inspections of the City of Winston-Salem shall be designated as the Zoning Officer and shall be responsible for the administration of the Erosion Control Section of the Unified Development Ordinances for the Village of Clemmons. 9. This agreement may be amended only in writing and only be resolutions of the Winston-Salem Board of Aldermen and the Clemmons Village Council. a WHEREFORE, the City of Winston-Salem, North Carolina has authorized its Mayor and the Village of Clemmons has authorized its Mayor to execute this agreement, and as evidence of their concurrence and consent to the execution of this agreement, each party has caused this instrument to be signed by their respective officers, on the day and year as indicated. An -proved as to form and legality. This? JKdayof 240J 3y Attorney Attest: fj- " �, �,!;_ L - -t- IL Village Clerk Approved as to form and legality Village AttorAy -r- Date The City of Winston-Salem Date The Village of Clemmons ayor 111.31 a 3 Date This instrument has been preaudited in the manner required by the Local Government and day tali Go t� ro1 Act;, This, 20�2�• udget r to November 20, 2017 Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY Mr. Matthew Osborne City of Winston-Salem/Forsyth County Sediment and Erosion Control PO Box 2511 Winston-Salem NC 27102 Subject: Sedimentation and Erosion Control Local Pt•ogt•am Review ROY COOPER Governor MICHAEL S, RECAN Secretary TRACY DAVIS Director On July 25, 2017 personnel from NCDEQ, Land Quality Section, conducted a review of the City of Winston-Salem/Forsyth County's Sedimentation and Erosion Control Program. A report has been prepared on the t•eview of the program. This report was presented to the Sedimentation Control Commission (SCC) on November 16, 2017. The Sedimentation Control Commission voted to continue delegated administration of the Sedimentation Pollution Control Act of 1973 to Winston-Salem/Forsyth County. The report presented to the SCC is enclosed. Thank your efforts to prevent sedimentation damage. Please contact me if you have any questions at jeevan.neupane@ncdenr.gov. Sincerely, Jeevan Neupane, PE Assistant State Sedimentation Specialist Enclosure: SCC Report cc: William E. Toby Vinson, Jr., PE, CPESC, CPM, Chief of Program Operations Julie Coco, PE, CPESC, State Sediment Specialist Matt Gantt, PE, Winston-Salem Regional Engineer Tim Latham, Winston-Salem Senior Environmental Specialist �Nothing Compares,-�.,... State of North Garollna L1tWronlnenwl t2uality I Energy. Mtneraland Land Resources gl2 N. Snllsbury Street 17612 Mail5nrvlce Center (Raleigh North Cxarolh�a 27694-16I2 9191079200 1. City of Winston-Salem/Forsyth County On July 25, 2017 personnel from NCDEQ, Land Quality Section, conducted a review of the City of Winston-Salem/Forsyth County's Local Program. Five staff members contribute five full time equivalents to the erosion control program. Per your totals, in the last fiscal year, you had conducted a total 102 plan reviews, all of which have been approved. The City/County has 886 current projects, 718 of which are single family dwelling sites. The City has also conducted total 5,646 inspections (2,263 of which were for the grading permit sites and 3,383 for the single-family dwelling sites). In this same time frame 73 Notices of Violations and 10 civil penalties have been issued. The City requires an erosion control plan to be submitted and a grading permit to be obtained when the total footprint of disturbance is greater than 20,000 square feet for Single - Family Dwelling construction sites or 10,000 square feet for any other purposes. If a Single - Family Dwelling construction does not exceed 20,000 square feet, then the building contractor is required to sign a Single -Family Dwelling Erosion Control Affidavit. The affidavit requires the installation of silt fence on all low sides of the disturbed area and a gravel construction entrance. During our review of the program, we inspected five sites and reviewed five plans that had already been approved. The following is a summary of the projects that were inspected: YMCA Jerry Lone Improvement This project consisted of 7.38 acres, and was being constructed for a commercial development. The file for this project included a FRO, calculations, inspections, NPDES construction stormwater permit, stormwater management permit and letter of approvals. The erosion and sediment control plan was approved on February 13, 2017. The approved plan for this site was found to be adequate. The site was active during the visit. The site was inspected six different times. The site was last inspected on July 18, 2017, and was in compliance. During our inspection, the site was in compliance. One recommendation was made in the field: 1) Provide adequate ground cover on all the all bare and inactive areas. Peace Heaven Villaee This project consisted of 7.38 acres, and was being constructed for• a commercial development. The file for this project included a FRO, calculations, inspections, NPDES construction stormwater permit, stormwater management permit and letter of approvals, The erosion and sediment control plan was approved on February 13, 2017. The approved plan for this site was found to be adequate. The site was active during the visit. The site was inspected six different times. The site was last inspected on July 18, 2017, and was in compliance. During our inspection, the site was in compliance. One recommendation was made in the field: 1) Provide adequate ground cover on all the all bare and inactive areas. Chandler Point This project consisted of 29.44 acres, and was being constructed for a residential development. The file for this project included a FRO, calculations, inspections, and letter of approvals. The erosion and sediment control plan was approved March 31, 2017. The approved plan for this site was found to be adequate. The site was active during the visit. The site was inspected four different times. The site was last inspected on June 9, 2017, and was in compliance. During our inspection, the site was found to be out of compliance. Violations included failure to follow approved plan, failure to take all reasonable measures, failure to maintain erosion control measures and failure to provide adequate ground cover. Some of the issues we noticed during our inspections are: 1) Ingress/egress to/from the site at locations without a construction entrance. 2) There was a construction entrance installed on the other side which was not shown in the approved plan, and the construction entrance was all filled with mud. 3) Most of the areas had adequate ground cover, but there were some areas with inadequate ground cover. 4) There was no positive drainage on some of the diversion ditches. 5) There was some sediment at the south end of the Aurora Glen pavement. A few recommendations were made in the field: 1) Provide a new construction entrance as per shown in the plan. 2) Repair and maintain the existing construction entrance. 3) Provide adequate ground cover on all bare and inactive areas. 4) Remove sediment tracked onto the pavements. 5) Make sure positive drainage is provided on all the diversion channels. Modern Nissan This This project consisted of 5.78 acres, and was being constructed for a commercial development. The file for this project included a FRO, calculations, inspections, and letter of approvals. The erosion and sediment control plan was approved on May 9, 2017. The approved plan for this site was found to be adequate. The site was active during the visit. The construction has just begun; hence no inspections were done for this site. During our inspection, the site was found to be out of compliance. A construction entrance and skimmer basin were not installed. Violations included failure to follow the approved plan and failure to take all reasonable measures. A few recommendations were made in the field. 1) Install construction entrance and skimmer basin as per the approved plan. 2) Stabilize the basin after installing it. Dollar general This project consisted of 1.29 acres and was being constructed for a commercial development. The file for this project included a FRO, calculations, inspections, and letter of approvals. The erosion and sediment control plan was approved on March 15, 2017. The approved plan for this site was found to be adequate. The site was active during the visit. The site was inspected four different times. The site was last inspected on July 11, 2017 and was in compliance. During our inspection, the site was found to be out of compliance. Violations included failure to follow approved plan, failure to take all reasonable measures and failure to maintain erosion control measures. Some of the issues we noticed during our inspections are: 1) There was an accumulation of sediment along the silt fence. 2) An inlet protection was not installed per the approved plan. 3) Silt fence was damaged on some sections. A few recommendations were made in the field: 1) Remove accumulated sediment along the silt fence. 2) Repair and maintain the silt fence where necessary. 2) Replace new stone on silt fence outlets. 3) Remove sediment from the street outside the disturbance limit. 4) Install inlet protection as per the approved plan Conclusion: The City of Winston-Salem/ Forsyth County is inspecting the sites on a frequent basis which is appreciated. The Winston-Salem/ Forsyth County should implement the following recommendations to improve the program: 1) Continue requiring that adequate ground cover is provided within the time limits of the local ordinance and approved plan. 2) In the field, a focus should be placed on stabilizing sediment basin slopes and their associated diversions to prevent internal erosion. Staff recommends continued delegation of the program. 0VILLAGE OF LEMMON r°°°Os° ��°r ,re°e�a°aT�° 7�r• To whom it may concern: On April 1, 2003 the Village of Clemmons and the City of Winston-Salem entered into an Agreement whereby the City of Winston-Salem agreed to provide investigation and enforcement of Zoning and other Ordinances on behalf of the Village of Clemmons. To date, the Agreement remains active. Under the Agreement, the Village authorized the city inspections division to proceed with the enforcement methods outlined in Article 4, Section 4-22.1 Civil Penalties and 4-23 Injunctive Relief of the Unified Development Ordinance. Pursuant to that Agreement, the City of Winston-Salem is hereby authorized by the Village of Clemmons, through its manager Scott Buffkin, to take whatever steps necessary and authorized under the UDO to enforce the Village's ordinances and protect Clemmons' interests. Scott Buffkin Village Manager 3715 CLEMMONS ROAD - POST OFFICE BOX 1710 - CLEMMONS, NC 27012 - 1336) 766.7511 - FAX (3361766-7536 NORTH CAROLINA ) INTERLOCAL AGREEMENT FORSYTH COUNTY) THIS AGREEMENT, entered in this 2_7�` day of _ OG 2008, by the City of Winston-Salem [the "City"], party of the first part, and the Village of Clemmons [the "Village"], party of the second part; WITNESSETH WHEREAS, the Village has adopted a zoning ordinance, established a Planning Board and a Zoning Board of Adjustment and needs enforcement and administrative services with respect thereto on a part-time basis; and WHEREAS, the City is willing to provide zoning enforcement and administrative services to the Village in return for the compensation set forth herein; WHEREAS, this Agreement is made under the authority of N.C.G.S. § 160A-460, et seq.; NOW, THEREFORE, in consideration of the premises and the mutual promises hereinafter set forth, the City and the Village, agree as follows: 1. Purpose. The purpose of this Agreement is for the City to provide to the Village the services enumerated hereinbelow. 2. Services provided by City. The City will provide the following services to the Village: a. Investigation of complaints and enforcement of the Village's zoning ordinance when violations thereof are brought to its attention by a citizen or official of the Village. b. Enforcement of the Village landscape ordinance through permitting and site inspections. c. Enforcement of the Village zoning ordinance for new construction by plan review and site inspections. d. Administration of the Village Zoning Board of Adjustment, including but not limited to, taking applications for meetings, preparing advertisements and agendas for meetings, providing staff for meetings and training of board members. e. Providing staff to attend Village Planning Board meetings and Village Council Meetings as required. £ Enforcement of special use zoning requirements. g. All enforcement and administrative services will be provided at a service level equal to that provided to officials, staff, and citizens of the City. h. All work will be performed in the office of the Inspections Division located at 100 E. First Street, Suite 328, except that Zoning Board of Adjustment meetings will be conducted at a place specified by Clemmons. Planning Board and Village Council meetings will be attended where held. the Village. a'1 01- itctc-it:-ori. account .ofi4 serviFE-9*ov1'80d by #hd C"i Y 1h'erCun r A;afli be fet ed by lhe4@,Ai 4ihat�any `6oll6``cted ). tht- uft. pa ins to a s rvice .pe l air to ' ?ill ge- : ified r)dv' elopme6tUl�%Ancks'h91 be z�.tothe- �ITage :ona.que�'�i}as�s, 3. Services provided by the Village. The Village will provide to the City: a. Compensation. The Village shall pay to the City for the services enumerated in paragraph 2 above based upon the number of hours worked in providing those services at a rate equal to the hourly rate earned by those persons providing service plus fringe benefits times an overhead factor of two (2) for hours worked between 7:45 a.m. and 4:45 p.m. [the "base rate"] and the base rate times one and one-half (1.5) for hours worked after 4:45 p.m. Services will be billed quarterly and due upon receipt. b. The services of an attorney to prosecute zoning violation cases, to provide council to the Zoning Board of Adjustment and to provide counsel to the inspections staff on matters related to zoning and the Zoning Board of Adjustment. c. The meeting place and required equipment for conducting Zoning Board of Adjustment meetings. d. The Village will be responsible for producing minutes of the Zoning Board of Adjustment meetings unless the parties mutually agree that that service shall be provided by the City. 4. The City's Inspections Division will be given an opportunity to review all proposed changes to the Village's zoning ordinance. If a change results in a substantial increase in workload, the City may terminate this Agreement in accordance with Paragraph 10 above or request modifications to this Agreement. 5. Duration. The duration of this Agreement shall be for an initial term of five (5) years. Thereafter, it shall automatically renew for successive periods of one year, unless a notice of termination is given pursuant to section 10 hereof. 6. Joint agency; real Property: By this Agreement no joint agency is established and no real property is involved in the undertaking. 7. Personnel; Duties of City Director of Inspections. Each party to this Agreement shall be responsible for appointing its own personnel to implement its own duties and obligations under this Agreement. The Director of Inspections of the City shall be designated as the Zoning Officer for the Village and shall also be responsible for the administration of the Erosion Control Section of the Unified Development Ordinances for the Village. 8. Method of Financing: No financing will be needed for this undertaking. Each party shall include those costs for which it is responsible in its annual fiscal year budget so long as this Agreement is effective. 9. Entire Agreement; Amendment. This Agreement is the entire Agreement between the parties hereto as to the subject matter herein. This Agreement may be amended only in writing pursuant to duly adopted resolutions of the governing bodies of the City and the Village. 10. Termination. Either party may terminate this agreement by giving ninety (90) days written notice of their intent to do so. 11. Authorfty to Contract: Each party hereto represents and warrants that it has the Iegal authority, by ordinance or otherwise, to enter into this Agreement and to bind itself to its terms, and that its governing board has approved this Agreement or will ratify this Agreement as required pursuant to N.C.G.S.§ 160A-461. 12. Assignment: This Agreement may not be assigned by either party, nor shall the performance of any duties under this Agreement be delegable by either party, without the prior written consent of both parties. This Agreement shall not be assignable by operation of law. 13. Governing Law: This Agreement shall be governed by, and construed according to, the laws of the State of North Carolina. 14. Indemnity. The Village shall indemnify, defend and hold harmless the City and its officials, officers and employees from and against any and all loss, claims, damages, liability and expenses, including, but not limited to reasonable attorney's fees and court costs which the City and its officials, officers and employees may incur arising out of the performance of this Agreement. This paragraph shall not be construed to diminish or otherwise affect the right of the parties and their officials, officers or employees, to assert any affirmative defense, including the defense of governmental immunity. 15. Jurisdiction, Authority, Rights, Privileges, and Immunities. The jurisdiction, authority, rights, privileges, and immunities (including coverage under the workers compensation laws) which the officers, agents, and employees of the City enjoy within the City of Winston-Salem shall also be enjoyed by them in the Village of Clemmons when they are acting pursuant to the Agreement and within the scope of their authority or the course of their employment. IN TESTIMONY WHEREOF, the City and the Village has caused these presents to be executed by their respective, duly authorized officers on the day and year first above mentioned. 0,,. u NORTH Attest: o .� r �Ol.1NA Secretary Attest: _.y� ,&.��r Village Clerk Approved to form and legality Village Attorney b-9-oe Date THE CITY OF WINSTON-SALEM Approved as to farm and legality. This a of 20 By Attorney THE VILLAGE OF CLEMMONS By<::::� : Mayor V1LLAGE OF COT,EMMQN ►°urns° irra Mcnunu+►re June 11, 2008 Chris Murphy Winston-Salem Inspections PO Box 2511 Winston-Salem, NC 27102 Subject: Interlocal Agreement Enforcement and Administrative Services Enclosed are duplicate originals of the Interlocal Agreement approved by the Village Council at their May 27, 2008 meeting and signed by Mayor John R. Bost. After obtaining the appropriate signatures, please forward one of the fully executed originals to my attention in the enclosed return envelope. Thank you for your assistance. Sincerely, Marsha E. Sucharski, CMC Village Clerk Enclosures 3715 CLEMMONS ROAD ° POST OFFICE BOX 1710 ° CLEMMONS, NC 27012 ° (336) 766.7511 ° FAX 1336) 766-7536