Item #17 - Post Construction SW Ordinance

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ARTICLE IV. - POST CONSTRUCTION STORMWATER
DIVISION I.- GENERAL PROVISIONS
Winston-Salem, NC Code of Ordinances
Sec 75-101.-Title.
so nance shall he officially known as "The as Construction Stormwater Ordinance." It is referred to herein as ordinance.
(Ord. No. 4618, § 1, 5-19-08)
Sec. 75-102. -Authority.
The city is authorized to adopt [his ordinance pursuant [o North Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina; G.S. 43-
214.7 and rules promulgated by the Environmental Management Commission thereunder Session Law 2006-246; Chapter 160A, §§ 174, 185; as well as Chapter 113A, Article 4
(Sedimentation Pollution Control); Article 21 Part 6 (Floodway Regulation); Chapter 160A, Article 19 (Planning and Regulation of Development); Chapter 153A, Article 18.
(Ord. No. 4618,§ 1,5-19-08)
Sec 75-103. -Findings.
It Is hereby determined that:
(1) Development and redevelopment alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, Flooding, sail erosion,
stream channel erosion, nonpoint and point source pollution, and sediment transport and deposition, as well as reducing groundwater recharge;
(2) These changes in stormwater runoff contribute to Increased quantities of water -borne pollutants and alterations in hydrology which are harmful to public health
and safety as well as to the natural environment;
(3) These effects can be managed and minimized by applying proper design and well -planned controls to manage stormwater runoff from development and
redevelopment sites; and
(4) The Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal phase II stormwater rules promulgated under it, as well as rules of the North
Carolina Environmental Management Commission promulgated in response to federal phase II requirements, compel certain urbanized areas, including the city, to
adopt the minimum stormwater controls such as those included in this ordinance.
Therefore, the city's council establishes this ordinance to regulate the quality and quantity of stormwater runoff and discharge to meet the state and federal requirements.
(Ord. No. 4618, § 1, 5-19-08)
Sec. 75-104. -Purpose.
(a) General. The purpose of this ordinance is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum
requirements and procedures to control the adverse effects of increased post construction stormwater runoff and nonpoint and point source pollution assodated with
development and redevelopment. It has been determined that proper management of construction -related and post construction stormwater runoff can safeguard
the public health, safety, and general welfare; minimize damage to public and private property and Infrastructure; and protect water and aquatic resources. This
ordinance is intended to not contradict the Intent or direction of the Legacy Comprehensive Plan.
(h) Specific. This ordinance seeks to meet its general purpose through the following specific objectives and means:
(1) Establish decision -making processes and standards for development and redevelopment that protects the integrity of watersheds and preserves the health of
water resources;
(2) Require that new development and redevelopment maintain the pre -construction hydrologic response in their post construction state as nearly as practicable for
the applicable design storm(s) in order to reduce flooding, streambank erosion, point and nonpoint source pollution and increases in stream temperature, and to
maintain the integrity of stream channels and aquatic habitats;
(3) Establish minimum post construction stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and
quality;
(4) Establish design and review criteria for the construction, function, and use of structural BMPs that may be used to meet the minimum post construction
stormwater management standards;
(S) Encourage the use of low impact site design practices, such as the use of vegetated stormwater conveyances and the preservation of green space and other
conservation areas to the maximum extent practicable;
(6) Establish provisions for the long-term responsibility for and maintenance of the stormwater management systems to ensure that they continue to function as
designed, are maintained appropriately, and pose no threat to public safety or public health;
(7) Establish administrative procedures for the submission, review, and approval of stormwater management systems, for the inspection of approved projects, and to
assure appropriate long-term maintenance;
(8) Assign responsibility and processes for approving the creation and maintenance of adequate drainage and Flood damage prevention.
4618, § 1, 5-19-08)
Sec. 75-1 O5. -Applicability and jurisdictlon.

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Winston-Salem, NC Code of Ordinances
(a) General,
(1) Beginning with and subsequent to Its effective date, this ordinance shall be applicable to all developments and redevelopments, including, but not limited to, site
plan applications, subdivision applications, and grading applications, unless exempt or excluded pursuant to subsections (d) and (e) below. Nothing contained in
this ordinance shall relieve an owner of any obligations or duties imposed under any other statutory or common law, such as, but not limited to, duties imposed by
the riparian rights of adjoining property owners.
(2) Regardless of reference to a specif<state statute, violation of this ordinance shall not subject the owner or person in violation to a misdemeanor or infraction, but
any remedy due the city or penalty Imposed by the city shall be limited to division 6, enforcement and violations ofthis ordinance.
(h) No development orredeve/opment anti/compliance and permit. No development or redevelopment shall occur unless it is in compliance with [he provisions of this
ordinance and any permit Issued pursuant to this ordinance.
(c) Geographlcapplication.7he provisions of this ordinance shall apply within the corporate limits of the city, as well as extraterritorlaljurtsdictional areas. The
stormwater director shall keep on file a map that shows the locations of all structural BMPs permitted under this ordinance.
(d) Exemptions. The following instances of development or redevelopment are determined to be exempt and not subject to the provisions of this ordinance:
(1) A development that cumulatively disturbs less than one acre and is not part of a larger common plan of development, redevelopment or sale Is exempt from the
quality management provisions of this ordinance (section 75302);
(2) A development or redevelopment that cumulatively disturbs less than one acre Is not exempt if such activities are part of a larger common plan of development,
redevelopment or sale, even though multiple, separate or distinct activities take place at different times on different schedules;
(3) A development that cumulatively creates less than 20,000 square feet ofbuilt-upon area ((3UA) for residential and nonresidential uses is exempt from the quantity
management provisions of this ordinance (se<tlon�;
(4) Any redevelopment activity for which the proposed Impervious area is equal to or Tess than the preexisting impervious area; and
(5) ARivities exempt from permit requirements of Section 404 of the federal Clean Water Act, as specifed in 40 CFR 232 (primarily, ongoing farming and forestry
activities).
(6) For a development or redevelopment that i) cumulatively disturbs less than three acres; il) is not part of a larger common plan of development, redevelopment or
sale; and iii) is less than 24 percent built -upon area; the standards for stormwater quantity management, asset out in section 76-3B3 below, shall be limited to
controlling only the two-year and ten-year design storms. However, all other provisions of this ordinance shall apply.
(e) Exclusions. Development or redevelopment conducted pursuant to one of the following authorizations that was obtained prior to the effective date ofthis ordinance is
determined to be excluded and is not subject to the provisions of this ordinance:
(1) Agrading permit or building permit;
(2) Asite-specific development or redevelopment plan or site speclFlc phased development or redevelopment plan submitted prior to the effective date ofthis
ordinance, and approved within six months of the effective date of this ordinance and which has substantial progress made within two years of the site plan
approval;
(3) Any development or redevelopment activity which has received stormwater management plan approval prior to the effective date ofthis ordinance and substantial
progress Is made within two years of the effective date ofthis ordinance;
(4) Aright that has vested under statutory or local law prior to the effective date ofthis ordinance.
Notwithstanding any of the foregoing, if a stormwater management system approved pursuant [o one of the above authorizations remains incomplete, and intervening state
or federal regulatory changes make completion of the approved system impossible, then any such development or redevelopment activity must comply with the requirements of
this ordinance
(Ord. No. 4618, 4 1, 5-19-Og; Ord, No. 4638, § I, 12-15-08; Ord. No. 4677, § I, 4-19-10; Ord. No. 4683, §III, 5-17-10)
Sec. 76-106.-Interpretation.
(a) Authority for interpretation The city's stormwater director has authority to determine [he Interpretation of [his ordinance. Any person may request an interpretation
by submitting a written request to the stormwater director who should respond in writing within 36 days, The stormwater director shall keep on file a record of ail
written interpretations ofthis ordinance.
(b) Delegation ofauthoriry. Any act authorized by this ordinance to he carried out by the stormwater director may be carried out by his or her designee.
(c) Meaning andtntent. All provisions, terms, phrases, and expressions contained in this ordinance shall be construed according to the general and specipc purposes set
forth In section 76-104 purpose. If a different or more speciflc meaning is given for a term deFlned elsewhere in the ciry's Code of ordinances, the meaning and
application of the term In this ordinance shall control for purposes of application ofthis ordinance.
(d) Text controls in event ofconBict. Inthe event of a conflict or inconsistency between the text of this ordinance and any heading, caption, Flgure, illustration, table, or
map, the text shall control.
(e) References to statutes, regulations, and documents. whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the design manual),
or document, it shall be construed as a reference to the most recent edition of such that has been Flnailzed and published with due provision for notice and comment,
unless otherwise specifically stated.
(fl usage ofwords.
(1) Mandatoryand d/serer/ovary terms. The words"shall,"'must;'and"will"are mandatoryin nature, establishing an obligation or duty to comply with the particular
provision. The word "should" is an Indication ofwhat action the ordinance encourages to he taken. The word "may" is permissive in nature.
(2) Conjunctions Unless the context clearly indicates the contrary, conjunctions shall be Interpreted as follows: The word "and" indicates that all connected items,
conditions, provisions or events apply. The word "or"indicates that one or more of the connected Items, conditions, provisions or events apply.
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Winston-Salem, NC Code of Ordinances
(3) Tense, plurals, andgender. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural nu
includes the singular number, unless the context of the particular usage clearly Indicates otherwise. Words used in the masculine gender include the feminine gender
versa.
(g) Computation of time. The time in which an act Is to be done shall be computed by excluding the first day and including the last day. if a deadline or required date of
action falls on a Saturday, Sunday, or holiday observed by the city, the deadline or required date of action shall be the next day that Is not a Saturday, sunday or
holiday observed by the city. References to days are calendar days unless otherwise stated.
(Ord. No. 4618, § t, 5-79-OB)
Sec 75-107.-Definitions.
When used in this ordinance, the following words and terms shall have the meaning set forth in this section, unless other provisions of this ordinance specifically indicate
otherwise.
Building inspector. The director, or his designee, of the Forsyth County/VJins[on-Salem Building Inspection Department established and authorized pursuant to G.S. Ch. 160A,
Part 5, Building Inspection of Article 19 Development.
Built -upon area (BOA). That portion of a development or redevelopment project that Is covered by impervious or partially Impervious surtace, including, but not limited to,
buildings; pavement and gravel areas, such as roads, parking lots, and paths; and recreation facilities, such as tennis courts. The BUA does not Include: 1) a wooden slatted deck,
2) the water area of a swimming pool, 3) a surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a
geotextile fabric, 4) a trail, as defined in G.S. 113A-85, that Is either unpaved or paved, as long as the pavement is porous, with a hydraulic conductivity greater than 0,001
centimeters per second (1.41 inches per hour), or 5) pervious or partially pervious paving material, to the extent that the paving material absorbs water or allows water to
infiltrate through the paving material.
City. The City of Winston-Salem, a North Carolina Municipal Corporation located in Forsyth County.
City manager. The manager of the city as appointed by the city council.
Department. The State of North Carolina Department of Environment and Natural Resources.
Design manual. The stormwater design manual prepared and disseminated by the department for the proper implementation of the requirements of the federal phase II
stormwater program.
Development Any land disturbing activity for construction of one or more buildings, structures or parking lots which adds to or changes the amount of impervious or partially
pervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil, other than rebuilding activity that does not qualify as redevelopment.
Disturbed area. Any land area which had been cleared, grubbed, graded, disturbed or otherwise altered for the purposes of development or redevelopment.
Division. The North Carolina Division of Water Quality, a division of the department.
Hlgh-densltyproject. Any project that exceeds the low density project threshold, as defined below, for dwelling units per acre or BUA.
Cargerrommon plan of development, redevelopment orsale. Any area where multiple separate and distinct construction or land disturbing activities will occur under one
plan. A plan is any announcement or document, including, but not limited to, a site plan, marketing plan, sign, public notice or hearing, sales presentation or promotion,
advertisement, loan application, drawing, permit application, zoning request, or computer design, or any physical demarcation, including, but not limited to, boundary signs, lot
stakes, or surveyor markings, indicating that construction activities may occur on one or more tracts of land.
Lot area. Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site.
Law-densityproject. A project that has no more than two dwelling units per acre or 24 percent BUA for ail residential and nonresidential development or Redevelopment,
One year, 24-hourstorm. The surtace runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in 72 months and with a
duration of 24 hours.
Owner. The legal or beneficial owner of property on which a development or redevelopment is to occur or any other person or entity holding proprietary or possessory rights
in the property or having legal power of management and control of the property. Any such person or entity must have the power to grant an easement and lien over said
property, or must have the ability to secure from the property owner said easement and lien, which must then be conveyed to the city, in conjunction with the operation and
maintenance agreement referenced in subsection 75-402. Unless shown otherwise, the person or entity making application for a stormwater management permit for the
property or the person or entity who Is contractually responsible to operate and maintain a stormwater management system on the property shall be deemed to be an "owner"
for enforcement purposes.
Post construction. The condition of a development or redevelopment once the land disturbing activity is complete as it relates to the management and control of stormwater
runoff quantity and quality.
Redevelopment. Any land disturbing activity at an already existing development, other than activity that results in no net Increase In BUA, that provides equal or greater
stormwater control than the previous development.
Stormwater appeals board, The appeals board established by the city council InS wpter 2 article III, division 12 of the city's Code of Ordinances, pursuant to G.S. 160A-146,
and whose purpose is to hear and decide appeals from and review any order, requirement, decision, or determination made by the stormwater director.
Stormwater management system. Stormwater management practices such as structural BMPs, non structural BMPs, structures, appurtenances and any form of conveyance,
such as grass channels, swales, underground piping, open ditches and storm drains, that exist outside of the public right-of-way, whether the right-of-way Is maintained by the
city or the State of North Carolina, as these management practices are designed and proposed to he utilized in a proposed development or redevelopment to complywith the
stormwater quality and quantity standards set out in this ordinance.
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Structural best management practice (BMP). A physical device designed to trap, settle out, or Fllter pollutants from stormwater runoff; to alter or reduce stormwater runoff
velocity, amount, timing, or other characteristics; to approximate the pre -construction hydrology on a developed site; or to achieve any combination of these goals. Structural
BMP Includes physical practices such as constructed wetlands, wet ponds, vegetative practices, filter strips, grassed swales, and other methods installed or created on real
property. Structural BMP Is synonymous with "structural practice", "stormwater control facility," "stormwater control practice," "stormwater treatment practice," "stormwater
management practice," "stormwater control measures," "structural stormwater treatment systems," and similar terms used in this ordinance.
Substantial progress. For the purposes of determining whether substantial progress has been made on an approved plan, one or more of the following construction activities
toward the completion of a site or subdivision plan shall occur: obtaining a grading permit and conducting grading activity; Installation and approval of on -site infrastructure; or
obtaining a building permit for the construction and approval of a building foundation. Substantial progress for purposes of determining whether an approved plan is null and
void is not necessarily the same as "substantial expenditures" used for determining vested rights pursuant to applicable law.
(Ord. No. 4618, § 1, 6-19-08; Ord. Na. 4683, § IV, 5-17-10; Ord. No. D-29187, § 1, 4-17-17)
Sec. 76-108. -Design manual.
(a) Reference to design manual, The stormwater director shall use the policy, criteria, information and technical specifcations and standards found in the design manual
as the basis for approving or disapproving stormwater management permits and the design, Implementation and pertormance of stormwater management systems.
The design manual Includes a Ilst of acceptable stormwater treatment practices, Including specifc design criteria for each stormwater practice. Stormwater treatment
practices that are designed, constructed, and maintained in accordance with these design and sizing criteria found in the design manual will be presumed to meet the
minimum water quality pertormance standards of this ordinance.
(6) Relationship ofdesign manual to otherlaws and regulations. (Reserved for future use,)
(c) Changes to standards andspeclflcatlons. If [he standards, specifcatlons, guidelines, politles, criteria, or other information in the design manual are amended
subsequent to the submittal of an application for approval pursuant to this ordinance, but prior to approval, the amended design manual shall control and shall 6e
utilized to review, approve or disapprove the applicator.
(d) Amendments to design manna/.The design manual maybe updated and expanded by the State of North Carolina from time to time, based on advancements in
technology and engineering, Improved knowledge of local conditions, or local monitoring or maintenance experience. Prior to amending or updating the design
manual, proposed changes are expected to be publicized by the state and made available for review. An opportunity far comment by interested persons should be
provided.
(Ord. No. 4618, § 1, 6-19-08)
Sec. 76-109. - Relationship to other laws, regulations and private agreements.
(a) Con!/ict oflaws. This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this ordinance
are in addition to the requirements of any other ordinance, rule, regulation or other provision of law. Where any provision of this ordinance Imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or Imposes higher protective
standards for human or environmental health, safety, and welfare shall control.
(b) Private agreements. This ordinance is not Intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this
ordinance are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this
ordinance shall govern. Nothing in this ordinance shall modify or repeal any private covenant or deed restriction, hu[ such covenant or restriction shall not legitimize
any failure to comply with this ordinance. In no case shall the city he obligated to enforce the provisions of any easements, covenants, or agreements between private
parties.
(Ord. Na. 4619, 4 1, 6-19-OS)
Sec. 76-110. - Severability.
If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be found to be Invalid by a court of competent jurisdiction, such Judgment
shall not affect or Invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this ordinance.
(Ord. No, 4fi18, § 1, 5-19-OS)
Sec. 76-111. -Effective date and transitional provisions.
(a) Effective date. This ordinance Is effective four months after the date of adoption.
(b) Final approvals, complete appl/catlons. All development and redevelopment projects for which complete and full site plan applications were submitted to the city prior
to the effective date of this ordinance, and approved within six months of the effective date of this ordinance and which have substantial progress made within two
years of the site plan approval, shall he exempt from complying with all provisions of this ordinance, provided that if a stormwater management system approved prior
to, or within six months of, the effective date of this ordinance remains Incomplete, and intervening state or federal regulatory changes make completion of the
approved system impossible, then any such development or redevelopment activity must comply with the requirements of the instant ordinance.
(q V'ola[ions mntlnue. Any violation of provisions existing on the effective date of this ordinance shall continue to be a violation under this ordinance whereas each day
shall constitute a new and separate offense and he subject to penalties and enforcement under this ordinance unless the use, development, redevelopment,
construction, or other activity complies with the provisions of this ordinance.
(Ord. No. 4618, § i, 6-19-08; Ord. No. 4683, § V, 6-77-10)
Secs. 76-112-76-200. -Reserved.
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DIVISION 2. -ADMINISTRATION AND PROCEDURES
Winston-Salem, NC Cade of Ordinances
Sec. 76-201. -Review and decision -making entities.
(a) Stormwater director.
(1) Designation. the stormwater director shall be designated by the city manager to administer and enforce this ordinance.
(2) Powers and duties. In addition to the powers and duties that may be conferred by other provisions of the city's Code of Ordinances and other laws, the stormwater
director shall have the following powers and duties under this ordinance:
a. 7o review and approve, approve with conditions, or disapprove applications for approval of plans pursuant to the standards setout in this ordinance;
h. To make determinations and render interpretations of this ordinance;
c. To establish application requirements and schedules for submittal, to review applications and appeals, and to review and make recommendations to the
stormwater appeals board on applications for development or redevelopment approvals;
d. To enforce the provisions of this ordinance in accordance with its enforcement provisions;
e. To maintain records, maps, and official materials as related to the adoption, amendment, enforcement, interpretation, and/or administration of this ordinance;
f. To provide expertise and technical assistance to the city's council and stormwater appeals board, if such a stormwater appeals board is established. The city's
stormwater appeals hoard shall function as the stormwater appeals board;
g. To designate appropriate other persons) who shall carry out the powers and duties of the stormwater director; and
h, To take any other action necessary to administer the provisions of this ordinance.
6-19-08)
Sec. 76-202. -Review procedures.
(a) Permit requlred,mustapp/y for permit. A stormwater management permit is required for ail development and redevelopment unless ezemp[ or excluded pursuant to
this ordinance. A permit may only be Issued subsequent to a properly submitted and reviewed permit application.
(b) E/fect ofpermit. A stormwater management permit shall govern [he design, installation, mnstruttlon and maintenance of the stormwater management system for all
developments and redevelopments, The permit is intended to provide a mechanism for the review, approval, and inspection of the stormwater management system,
consistent with the requirements of this ordinance. The permit does not continue in existence indefinitely after the completion of the project; rather, compliance after
project construction is assured by the operation and maintenance provisions of this ordinance.
(c) Authority fo file applications. All applications required pursuant to this ordinance shall be submitted to the stormwater director by the owner or the owner's duly
authorized agent.
(d) Establishment ofapplication requirements, schedule, and fees.
(1) Application contents and form.The stormwater director shall establish requirements for the content and farm of all applications and shall amend and update
those requirements from time to time as required. At a minimum, [he application shall describe in detail how the post construction stormwater runoff will he
controlled and managed, the design of the stormwater management system, and how the proposed project will meet the requirements of this ordinance.
(2) Permit review fees. The city council shall establish permit review fees as well as policies regarding refund o(any fees upon withdrawal of an application, and may
amend and update the fees and policies from time to time.
(3) Administrative manual. For applications required under this ordinance, the stormwater director shall compile the application requirements, submission schedule,
fee schedule, a copy of this ordinance, and Information on how and where to obtain the design manual In an administrative manual, which shall be made available
to the public.
(e) Submittal ofcomplete application. Applications shall be submitted to the stormwater director in the form established by the stormwater director, along with the
permit review fee. An application shall be considered as submitted only when it contains all elements of a complete application pursuant to this ordinance, along with
the permit review fee. If the stormwater director fnds [ha[ an appiicatlon is incomplete, the applicant shall he notifed of the defcient elements and shall be provided
with an opportunity to submit a complete application.
(f) Review. Within 30 days after a complete application is submitted, the stormwater director should review the appllcatlon and determine whether [he appiicatlon
complies with this ordinance.
(U Approval. If the stormwater director Flnds that the application complies with this ordinance, the stormwater director shall approve the application and notify the
applicant In writing. The stormwater director may impose conditions of approval as needed to ensure compliance with this ordinance. The conditions shall be
included as part of the approval.
(2) Fails to comply. If the stormwater directorfnds that the application fails to comply with this ordinance or if the application is incomplete, the stormwater director
shall notify the applicant in writing and shall indicate how the appiicatlon falls to comply. The applicant shall have an opportunity to submit a revised application.
(3) Revision and subsequent review A complete revised application should be reviewed by the stormwater director within 30 days after its resubmittal and shall be
approved, approved with conditions, or disapproved. If a revised application is not resubmitted within 30 days from the date the applicant was notifed, the
application shall he considered withdrawn, and a new submittal for [he same or substantially the same project shall be required along with the permit review fee.
One resubmittal of a revised application may be submitted without payment of an additional permit review fee. Any resubmittal after the frst resubmittal shall be
aaompanled by an additional permit review fee as established pursuant to this ordinance.
(Ord. No. 4618, § 1, 5-19-OS)
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Sec. 75-203. -Applications for approval.
Winston-Salem, NC Code of Ordinances
(a) Concept plan and consultation meeting. Before a stormwater management permit application Is deemed complete, the stormwater director or owner may request a
consultation on a concept plan for the stormwater management system. This consultation meeting should take place prior to submitting the preliminary plan of
subdivision, special use rezoning or other early step in the development or redevelopment process. The purpose of this meeting is to discuss generally the stormwater
management system necessary for the proposed development or redevelopment, as well as to discuss and assess constraints, opportunities and potential approaches
to stormwater management system before formal site design engineering Is commenced. The meeting Is not intended to provide a total review of the final
development plan. Local watershed plans, and other relevant resource protection plans may he consulted in the discussion of the concept plan. To accomplish this
goal, the following Information should he included in the concept plan, which should be submitted to the stormwater director at least five business days in advance of
the consultation meeting:
(1) Existing conditions/proposed site plans. Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: existing and proposed
topography; perennial and intermittent streams; existing and proposed drainage conveyances; existing stormwater management systems; mapping of
predominant soils from soil surveys (when available); boundaries of existing predominant vegetation and proposed limits of clearing and grading; and location of
existing and proposed roads, buildings, parking areas and other impervious surfaces.
(2) Natural resources Inventory. A written andill orgraphi<inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of
the project. This description should include a discussion of soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas on the
site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, Floodplains, stream hullers and other
setbacks (e,g., drinking water well setbacks, septic setbacks, et<J, Particular attention should be paid to environmentally sensitive features that provide particular
opportunities or constraints for development or redevelopment.
(3) Stormwater management system concept plan. Awritten or graphic concept plan of the proposed stormwater management system including the location of
Floodplaln/Floodway limits; relationship of site to upstream and downstream properties and drainages; and preliminary location of proposed stream channel
modifcatlons, such as bridge or culvert crossings.
(b) Assessment ofimpact. Each concept plan shall include an assessment of post construction stormwater Impacts upon downstream and upstream properties. The
assessment of stormwater quality and quantity Impacts shall be based on the standards contained within this ordinance, at a minimum.
(1) Assessment and control ofstormwater qua/ity impacts All stormwater management systems proposed to 6e include in any development or redevelopment, not
otherwise exempt or excluded, shall assess and satisfy the applicable stormwater quality management requirements as Indicated in section 75-302 of this
ordinance, at a minimum.
(2) Assessment and control ofstormwater quantlryimpacts. Ail stormwater management systems proposed to be Include in any development or redevelopment, not
otherwise exempt or excluded, shall assess and satsfy the applicable srormwater quantity management requirements as Indicated in sect on 75-303 of this
ordinance, at a minimum. An appropriately qualified professional for the owner must prepare the assessment of stormwater quantity Impacts for review by the
stormwater director. The assessment of upstream impacts must be provided, at a minimum, for property or properties located Immediately upstream and/or
adjacent to the proposed development or redevelopment The stormwater director shall require that the impact assessment 6e extended for properties further
upstream ifsite-specific conditions may cause an unreasonable Impact on those properties further upstream. The assessment of downstream Impacts shall he
made 6y evaluating a site's contribution to stormwater runoff to a "suitable downstream point" considering the following guidelines:
a. A point downstream where the proposed site development or redevelopment represents less than ten percent of the total watershed area draining to that
polo[ (ten percent guideline).
b, A point downstream where drainage from the development or redevelopment site enters a Federal Emergency Management Agency (EEMA) established
Floodway.
c. A polo[ where the stormwater director knows of no existing stormwater problems that the proposed development or redevelopment is likely to exacerbate.
d. A point where there are no public road crossings or other public infrastructure that may be adversely impacted by an Increase in runoff from the proposed
development or redevelopment.
This determination shall no[ alter any requirements related to stormwater quality management. These guidelines are intended to avoid unreasonable Impacts
wherever they might occur.
(c) Stormwater management permitapp/ication. The stormwater management permit application shall detail how development or redevelopment stormwater runoff will
he controlled and managed and how the proposed project will meet the requirements of this ordinance. Ali such plans shall be prepared by a qualified registered
North Carolina professional engineer, surveyor or landscape architect, and the engineer, surveyor or landscape architect shall perform services only in their area of
competence, and shall verify: 1) that [he design of the stormwater management system meets the submittal requirements for complete applications; 2) that the
designs and plans are sufficient [o comply with applicable standards and policies found In the design manual; and 3) that the proposed stormwater management
system ensures compliance with this ordinance. The submittal shall Include all of the information required in the submittal checklist established 6y the stormwater
director.
(d) As-but/!plans and finalapproval. Upon completion of a project and before a certificate of compliance, as defined in G.S. i60A-423, shall be granted by the building
Inspector, the owner shall, except as provided for in subsection (e) of this section, certify that the completed project is in accordance with the approved stormwater
management system, and shall submit actual as -built plans for the entire stormwater management system once construction is completed. The as -bull[ plans shall
show the final design spe<iFl<ations for the entire stormwater management system, Including the field location, size, depth, and planted vegetation of all structural
BMPs and other measures, controls, conveyances and devices, as installed, The designer of the stormwater management system shall certify, under seal, that the as-
bull[stormwater management system is in compliance with [he approved stormwater management system and with the requirements of this ordinance. A final
inspection and approval by the stormwater director shall occur before the release of any performance securities. The final inspection shall occur within a reasonable
time frame In order to expedite release of performance securites.
(e) Other permits. No certifcate of compliance shall he issued by the building inspector working in consultation with the stormwater director without foal, as -built plans
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and a final Inspection and approval by the stormwater director, except where multiple units are served by the stormwater management system, in which case the
building inspector may elect to withhold a percentage of certificates of compliance until as -built plans are submitted and approved by the stormwater director.
(Ord, No. 4618, 4 1, 5-19-08)
Sec. 75-204. -Approvals.
(a) Effect ofapproval Approval authorizes the owner to go forward with only the spe<ifl<to ns and activity authorized In the permit. The approval shall not he construed
[o exempt the owner from obtaining other applicable approvals from local, state, and federal authorities.
(h) Time /imiUexpiration. Anapproved stormwater plan and permit shall become null and void if the owner has failed to make substantial progress on the site within two
years after the date of approval. The stormwater director may grant a single, one-year extension of this time limit, for good cause shown, upon receiving a written
request from the owner before the expiration of the approved plan. In granting an extension, the stormwater director shall require compliance with standards
adopted since the original application was submitted unless the change in standards would infringe upon the applicant's vested rights.
(Ord. No. 4618, § 1, 5-19-08)
Sec. 75-205. -Appeals.
(a) Right ofappeal. Any aggrieved person affected by any decision,order, requirement, or determination relating tothe interpretation or application of this ordinance and
made by the stormwater director may file an appeal to the stormwater appeals board within 30 days of the stormwater director's decision, order, requirement or
determination.
(h) Filing ofappeal and procedures,
(1) Appeals shall be taken within the specified time period by fling with the stormwater director a notice ofappeal and the grounds for the appeal. The stormwater
director shall transmit the appeal, the grounds therefor and all documents related to the appeal (the record on appeal) to the stormwater appeals board.
(2) An appeal stays all proceedings in furtherance of the action appealed from, unless the stormwater director certifies to the stormwater appeals board, after notice
of appeal has been filed with him, that because of facts stated in the certificate a staywould, in his opinion, cause imminent peril to life or property or that because
the violation charged is transitory in nature a staywould seriously interfere with enforcement ofthis ordinance. In that case proceedings shall not be stayed except
by a restraining order, which may be granted by the stormwater appeals board or by a court of record on application, on notice to the stormwater director and on
due cause shown.
(3) The stormwater appeals hoard shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties, and decide it within a reasonable
time. The stormwater appeals board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and
shall make any order, requirement, decision, or determination that in Its opinion compiles with this ordinance. To this end the stormwater appeals board shall
have all the powers of the stormwater director,
(4) The concurring vote of four -fifths of the members of the stormwater appeals board shall be necessary to reverse any order, requirement, decision, or
determination of the stormwater director or to decide in favor of the applicant any matter upon which It Is required to pass under this ordinance, or to grant a
variance from the provisions of the ordinance. For the purposes of this subsection, vacant positions on the board and members who are disqualified from voting
on a quasi-judicial matter shall not be considered "members of the hoard" for calculation of the requisite supermajority if there are no qualified alternates
available to take the place of such members.
(5) A member of the stormwater appeals board shall not participate in or vote on any quasi-judicial matter In a manner that would violate affected persons'
constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the
matter that is not susceptible to change, undisclosed ex Farce communications, a close familial, business, or other assoclational relationship with an affected
person, or a financial Interest In the outcome of the matter. if an objection is raised to a member's participation and that member does not recuse himself or
herself, the remaining members shall by majorityvote rule on the objection.
(6) Witnesses shall testify under oath or affirmation to be administered by the court reporter notary or anoCher duly authorized official.
(<) Review by city council Any aggrieved person affected 6y any decision, order, requirement, or determination relating to the interpretation or application of this
ordinance and made by the stormwater appeals board may file an appeal to the city council within 30 calendar days of the stormwater appeals board's decision, order,
requirement or determination. Appeals shall be taken within the specified time period by filing a notice of appeal and specifying the grounds for appeal on forms
provided by the City of Winston-Salem. The assistant city manager/public works shall then, forthwith, transmit to the city council all the appropriate documents
explaining the decision that is being appealed and shall serve as the city council's technical advisor. The hearing conducted by the city council shall be conducted in the
nature of aquasi-Judicial proceeding with all findings of fact supported by competent, material evidence.
(d) Review bysuperior court. Every decision of the city council shall he subject to review by the Forsyth County General Court ofJustice, Superior Court Division by
proceedings in the nature of certiorari. Any petition for review by the superior court shall be filed with the clerk of superior court within 30 days after the decision of
the city council Is filed in such office as this ordinance specifies, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for
such copy with the assistant city manager/public works at the time of its hearing of the case, whichever is later. The decision of the city council may be delivered to the
aggrieved party either by personal service or by registered mail or certified mail return receipt requested.
No. 4618, 4 1, 5-19-OS)
Secs. 75-206-75-300, -Reserved.
DIVISION 3. -STANDARDS
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Sec. 75-301. -General standards.
Winston-Salem, INC Code of Ordinances
All development and redevelopment to which this ordinance applies shall comply with the standards of this section for both quality and quantity.
(a) Best available technology/'nformatlon. The best availahie technology and Information shall be used for analysis and design of a stormwater management system to
meet the requirements of this ordinance.
(b) Stormwater managementln perpetuity. The approval of the stormwater management permit shall constitute an enforceable restriction on property usage that
runs with the land, such as recorded deed restrictions and protective covenants, to ensure that future development and redevelopment maintains the site
consistent with the approved project plans,
(c) Operations and maintenance plan. The owner shall provide an operations and maintenance plan, as well as an agreement and contractual lien for the approved
stormwater management system, far review and approval by the stormwater director. Once approved by the stormwater director, the operations and maintenance
plan shall be Implemented by the owner.
(d) Additional requirements. As part of the approval process, the stormwater director may Impose additional requirements related to a proposed stormwater
management system to address such Issues as maintenance, drainage, Inspection, operation, access easements, and restrictive covenants to ensure compliance
with this ordinance.
(e) Low -impact development practices. owners of development and redevelopment projects are hereby encouraged to use low impact development (LID) practices
where practicable that will aid stormwater quality and quantity management by reducing impervious surfaces, Increasing the use of natural conveyances,
maintaining natural vegetation areas, Increasing infiltration of surface waters to replenish ground waters, and conserving stormwater for alternative compatible
uses.
(0 Regional stormwater control facilities. The use of regional stormwater control facilities may be allowed when space is available, In order to treat multiple parcels of
land which are subject to the provisions of this ordinance. Regional fadlitles may be allowed as joint ventures between private entities and/or pubil<and private
entities.
(Ord. No. 4618, § 1, 5-19-08)
Sec. 75-302. -Standards far stormwater quality management.
(a) Developmentstandards forlow-densiryprojects.Low-density projects shall complywith each of the following standards:
(1) Stormwater runoff from the development or redevelopment shall be transported from the development or redevelopment by vegetated conveyances to the
maximum extent practicahle.
(2) Other than for those limited exceptions se[ out in paragraph (3) helow, all BUA for every development or redevelopment shall be seC back in accordance with the
standards labeled "Required Landward Buffer Widths" and "Undeveloped Buffer", at a minimum, as stated in the Table 1 below, as measured from the top of the
stream bank of all perennial and intermittent surface waters.
Table 1
Development or Redevelopment Size
Required Landward Buffer Widths
Undisturbed Buffer Widths (Within Landward
Buffer)
—10 Acres
0 Feet
15 Feet
10-50 Acres
0 Feet
5 Feet
Greater than 50 Acres
100 Feet
0 Feet
(3) Right-of-way crossings, below ground level utility crossings or encroachments, and greenways, If approved pursuant to a stormwater management permit or
pursuant to a development or a redevelopment site plan, may he located within the landward buffer. other than approved right-of-way and utility crossings, these
exceptions to the landward buffer may not he located within the undisturhed buffer.
(4) A perennial or intermittent surface water shall be present if the feature is approximately shown on either the most recent version of the sail survey map prepared
by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute)
quadrangle topographic maps prepared by the United States Geologic Survey (USGS), or is determined by the city or the division to exist in the field. An exception
to this requirement maybe allowed when surface waters are not present in accordance with the provisions of 15A North Carolina Administrative Code 2B .0233(3)
(a) or similar site-specifc determination made using division -approved methodology.
(b) Deve/opmentstandards (or high-densiryprojects. High -density projects shall implement stormwater control measures that complywith each of the following
standards:
(1) The stormwater management systems shall control and treat stormwater runoff volume leaving the project site for the first one inch of rain. Runoff volume
drawdown time shall be a minimum of 48 hours, but not more than 120 hours.
(2) High -density projects must discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for the one-year, 24-hour storm.
(3) All stormwater management systems used to meet the requirements of this ordinance shall be designed to have a minimum of 85 percent average annual removal
for total suspended solids;
(4) General engineering design criteria for all projects shall he in accordance with 15A North Carolina Administrative Code 2H .1008(cj, as explained in the design
manual;
(5) Other than for those limited exceptions set out in paragraph (6) helow, all BUA for every development or redevelopment shall beset back in accordance with the
standards labeled "Required Landward Buffer Widths" and "Undeveloped Buffer", at a minimum, as stated In the Table 1 below, as measured from the top of the
stream bank of ail perennial and Intermittent surface waters,
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Table 1
Development or Redevelopment Size
Required Landward Buffer Widths
Undisturbed Buffer Widths (Within Landward
Buffer)
—10 Acres
30 Feet
15 Feet
10-50 Acres
50 Feet
25 Feet
Greater than 50 Acres
100 Feet
50 Feet
(6) Right-of-way crossings, below ground level utility crossings or encroachments, and greenways, if approved pursuant to a stormwater management permit or
pursuant to a development or a redevelopment site plan, may be located within the landward buffer. Other than approved right-of-way and utility crossings, these
exceptions to the landward buffer may not be located within the undisturbed buffer.
(7) A perennial or intermittent surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared
by the Natural Resources Conservation Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale (7.6 minute)
quadrangle topographic maps prepared by the United States Geologic Survey (USGS), or is determined bythe city or the division to exist in the field. An exception
to this requirement may he allowed when surtace waters are not present in accordance with the provisions of 16A North Carolina Administrative Code 2B .0233(3)
(a) or similar site-specifc determination made using division -approved methodology.
(c) Water -borne trash and debris. To reduce the amount ofwater-home trash and debris, the owner shall develop, implement and maintain an approved trash and dehris
collection and disposal program for the development or redevelopment.
(d) oxygen depleting organic material. To reduce the oxygen depleting impacts of organic material decay on receiving waters, the owner shall develop, Implement and
maintain an approved leaf and vegetation collection and disposal program for the development or redevelopment.
(e) Watersupply watershed regulations compliance. On -site stormwater management for water quality purposes shall meet all pertinent regulations associated with the
water supply watershed regulations.
(0 Jurisdictional waters regulations compliance. Any proposed impacts to Jurisdictional wetlands and/orjurisdictionalwaters ofthe United States shall he reviewed and
approved by appropriate regulatory agencies such as the U.S. Army Corps of Engineers (wetlands -Clean Water Act, Section 404) and the department or division (water
quality certifcation -Clean Water Act, Section 401). Proof of compliance with this requirement shall be provided by the owner hefore the building inspector shall issue
a certifcate of compliance.
(Ord, No. 4618, § 1, 5-19-OS)
Se<. 75-303. -Standards for stormwater quantity management.
if a project has been found to require mitigation of stormwater quantity Impacts following review per subsection 76-203(b), and in order to mitigate adverse impacts of
stormwater runoff from a development or redevelopment, the stormwater management system prepared by the owner shall be designed to meet the criteria descrihed in this
section and shall satisfy the review criteria set forth in subsection 75=203(b).
(a) Design storm events. The quantity of stormwater runoff from a development or redevelopment shall be based on the two-year, ten-year, and 25-year storm events,
of minimum six -hour duration. Depending upon site conditions, storm duration may be lengthened.
(b) Peak discharge control Post construction peak discharge rates inthetwo-year, ten-year, and 26-year storm events shall 6e controlled so as not to exceed pre -
development orpre-redevelopment peak discharge rates for the same storm events.
(c) Vo/ume control. A stormwater runoffvolume equal to the difference between the pre -development orpre-redevelopment and past construction volume for the 25-
yearevent, six -hour duration, shall be detained on site so that the detention basin(s), or other appropriate structural BMP, releases detained stormwater over a
period of at least 48 hours (two days) and no longer than 120 hours (fve days).
(d) 700 year/food potential. The development or redevelopment shall not increase flooding Impacts to structures on properties upstream and downstream of the site
during a 100-year flood event.
(e) Protection ofpoint ofdischa ge. Discharge from any on -site stormwater management system Into any natural or surface drainage channel or feature; shall be
designed and constructed so that the discharge does not cause damage to the receiving system.
(0 Protection ofreceiving channels and water bodies. Receiving natural channels and water bodies (on -site and/or off -site) shall be evaluated to ensure that
downstream conveyances are not eroded and/or degraded 6y altered stormwater flows from development or redevelopment. Mitigation measures shall be
implemented where the volume of runoff from a post construction, two-year, one -hour rainfall event is ten percent greater than the volume of runoff from apre-
development orpre-redevelopment, two-year, one -hour rainfall event. Acceptahle mitigation alternatives include on -site detention to reduce post construction
runoff rates and volumes and natural channel stabilization measures to control channel degradation. Where allowed by other state and federal agencies (e.g. U.S.
Army Corps of engineers and the department), armoring of receiving channels is permissible.
(g) Design ofwaterimpoundingstructures (dams). Any proposed water Impounding structure (dam) shall he designed in accordance with North Carolina Dam Safety
standards, and if required, shall be reviewed and approved by the North Carolina Dam Safety Engineer. Proof of compliance with this requirement shall be
provided by the applicant before the building inspector may issue a certificate of compliance.
Se<. 75-304. -Reserved.
Sec. 75-305. -Standards for stormwater control measures.
(a) E✓aluation according to contents ofdeslgn manual. Ail stormwater management systems required under this ordinance shall be evaluated by the stormwater director
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Winston-Salem, NC Code of Ordinances
according to the policies, criteria, information, Including technical specifications and standards, and the specific design criteria for each stormwater practice found in
the design manual. The stormwater director shall determine whether they will be adequate to meet the requirements of this ordinance.
(b) Determination of adequacy; presumptions and alternatives, Stormwater management systems that are designed, and constructed, and maintained in accordance with
the criteria and specifications In the design manual will be presumed to meet the minimum water quality and quantity performance standards of this ordinance.
Whenever an owner proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications In the design manual,
the owner shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity performance standards of this ordinance.
The stormwater director may require the owner to provide such documentation, calculations, and examples as necessary for the stormwater director to determine
whether such an affirmative showing is made.
Sec. 75-306.-Variances,
(a) ✓ariance petition.
(p Any person may petition the stormwater director for a variance granting permission to use land in a manner otherwise prohibited by this ordinance. To qualify for
a variance, the petitioner must show all of the following;
a. Unnecessary hardships would result from strict application of this ordinance.
6. The hardships result from conditions that are peculiar to the property, such as the location, size, or topography of the property.
c. The hardships did not result from actions taken by the petitioner.
d. A lack of practical alternatives which may be shown by demonstratng that, considering [he potential for a reduction in size, configuration, or density of the
proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or result in a less
adverse Impact to surface waters.
e. The requested variance is consistent with the spirit, purpose, and Intent of this ordinance; will secure public safety and welfare; and will preserve substantial
Justice.
(2) Not withstanding subsection (a)(i) of this section, variances shall be granted from the requirement that a eUA he 3o feet landward of all perennial and Intermittent
surface waters in any of the following instances:
When there Is a lack of practical alternatives for a road crossing, railroad crossing, bridge, airport facility, or utility crossing as long as it is located, designed,
constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse
effects on aquatic life and habitat, and protect water quality to the maximum extent practicable through the use of structural 6MPs; or
When there is a lack of practical alternatives to locate an element of the stormwater management system or to locate an easement to locate, construct and
maintain a utility service, including, but not limited to, water, sewer, or gas, as long as the stormwater management system or utility is located 15 feet landward
of ail perennial and intermittent surface waters and as long as it is located, designed, constructed, and maintained to minimize the disturbance to the surface
waters, to provide maximum nutrient removal, to protect against erosion and sedimentation, to have the least adverse effects on aquatic life and habitat, and
to protect [he water quality to the maximum extent practicable through [he use of structural BMPs.
(h) Variance conditions andsafeguards. The stormwater director may Impose reasonable and appropriate conditions and safeguards upon any variance it grants to
ensure compliance with this ordinance.
(Ord. No. 4618, § 1, 5-19-08)
Sec. 75-307. - Onsite wastewater.
(a) Operation and maintenance requirements, New or replaced onsite systemsfor domestic wastewater treatmentthat are installed after the effective date of this
ordinance shall be subject to the same requirements for operation and maintenance as are stormwater management systems, including, at a minimum, annual
inspection reports and a recorded operation and maintenance agreement, pursuant to division 4 of this ordinance.
(b) Standards(or operation and maintenance. Domestic wastewater treatmen[systemsiocated withinadevelopment or redevelopment covered by this ordinance shall
be operated and maintained so as to avoid adverse effects on surta<e water and groundwater, including nutrient contamination of surface water and microbial or
nitrate contamination ofgroundwater. Septi<tank residuals shall be pumped whenever necessary to assure the proper operation of the system to meet the standards
of this ordinance, and [he seepage shall be reused or disposed of In a manner that does not present significant risks to human health, surface water or groundwater.
(Ord. No. 4618, § 1, 5-19-BS)
Secs. 75-308-75-400. -Reserved.
DIVISION 4. -MAINTENANCE
Sec. 75-401. -General standards far maintenance.
(a) Function ofstructural BMPs as intended. The owner of each structural BMP installed pursuant to this ordinance shall maintain and operate it so as to preserve and
continue its function In controlling stormwater quality and quantity at the degree or amount of function for which [he structural BMP was designed.
(b) Annual maintenance inspection and report. The person responsible for maintenance of any structural BMP Installed pursuant to this ordinance shall submit to the
stormwater director an inspection report from a qualified registered North Carolina professional engineer, surveyor, or landscape architect performing services only In
their area of competence.7he inspection report shall contain all of the following:
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(1) The name and address of the owner;
Winston-Salem, NC Cade of Ordinances
(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing properly and are in compliance with the terms and conditions of the approved maintenance
agreement required by this ordinance; and
(6) The original signature and seal of the engineer, surveyor, or landscape architect.
Ail inspection reports shall be an forms supplied by the stormwater director. An original inspection report shall be provided to the stormwater director beginning one year
from the date of as -built certification and each year thereafter on or before the date of the as -built certiflcatlon.
(Ord. No. 4618, 4 1, 5-19-BS)
Se<. 75-402. -Operation and maintenance agreement.
(a) Ingeneral. Prior to the conveyance or transfer of any portion of a development or redevelopment, to be served by a stormwater management system, pursuant to this
division, and prior to the issuance of any permit for a development or redevelopment, requiring a stormwater management system, pursuant to this division, the
owner must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the whole or any portion of the development or
redevelopment served by the stormwater management system, Until the transfer of all property, sites, or lots served by the stormwater management system, or the
transfer of legal and managerial responsibility, therefor, the original owner shall have primary responsibility for carrying out the provisions of the operation and
maintenance agreement. The operation and maintenance agreement shall require the owner to construct, maintain, repair, and, if necessary, reconstruct, the
stormwater management system, and shall state the terms, conditions, and schedule of maintenance for the stormwater management system. In addition, it shall
grant to the city a perpetual easement across those portions of the property necessary for completion of construction, inspection, monitoring, maintenance, repair, or
reconstruction of the stormwater management system. The operation and maintenance agreement shall also provide that, in the event the owner defaults on any of
its obligations, hereunder, and it becomes necessary for the city to complete construction on, maintain, repair, or reconstruct, the stormwater management system,
the city may recover any and all costs it, thereby, incurs. The operation and maintenance agreement shall, furthermore, grant to the city a lien on the property subject
to the stormwater management permit, including the property upon which the stormwater management system Is constructed, to secure the payment of the costs of
construction, reconstruction, maintenance, and repair. The operation and maintenance agreement shall similarly grant the city a lien on the property subject to the
stormwater management permit, including the property upon which the stormwater management system is constructed, to secure the repayment of any loans taken
under section 75-404 below. However, in no case shall the easement or the liens confer an obligation on the city to assume responsibility for the stormwater
management system. The operation and maintenance agreement shall, furthermore, contain a statement informing all future transferees of the property that the
property is subject to restrictive covenants/agreements which require the construction, reconstruction, maintenance, and repair of the stormwater management
system and the repayment of any loans taken under section 75-404 which covenants and agreements shall run with the land. Finally, the operation and maintenance
agreement shall contain a provision whereby the owner releases, and agrees to Indemnify, defend, and hold harmless, the city, Its officials, officers, agents, and
employees, from any and all claims, actions, suits, liabilities, losses, costs, expenses, reasonable attorneys' fees, and costs of litigation, of any nature, whatsoever,
including claims for special and consequential damages, arising out of, or in any way related to, the stormwater management system and/or the city's entry onto the
property and use of the easement, thereupon. The operation and maintenance agreement must be approved by the stormwater director prior to plan approval, shall
be referenced on the final plat, and shall be recorded with the county register of deeds upon final plat approval. A copy of the recorded maintenance agreement shall
he given to the stormwater director within 14 days fallowing its recordation.
(b) Spedal requirementfor homeowners and other associations. For ail stormwater management systems required pursuant to this division and that are to be or are
owned and maintained by a homeowners' association, property owners' association, or similar entity, the required operation and maintenance agreement shall
Include the following provisions:
(1) Acknowledge that the association shall continuously operate and maintain the entire stormwater management system, even though the association is required to
escrow funds based on the cost to construct, maintain, operate, repair and inspect only the structural BM Ps;
(2) Establish an escrow account, which shall he used to maintain, operate, repair, Inspect or reconstruct the stormwater management system;
(3) Prior to plat recordation or issuance of construction permits, whichever shall first occur, require the owner to pay into the escrow account, at a minimum, an
amount equal to 15 percent of the Initial construction cost of the structural BMPs;
(4) Require the homeowners' association to contribute into the escrow account, at a minimum, an amount satisfactory to support the operation, maintenance and
annual inspection of the structural BMPs such that:
a. Two-thirds of the total amount required to fund the escrow account shall be deposited into the escrow account within the first five years and the full amount
shall be deposited within ten years following initial construction of the structural BMPs;
b. The association shall allocate a portion of the association's annual assessments to the escrow account; and
c. Any funds drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to originally fund the escrow
account.
(5) Grant to the city an easement to construct, inspect, monitor, maintain, repair, and reconstruct the stormwater management system;
(6) Allow the city to recover from the association and its members, any and all costs the city expends to maintain or repair the stormwater management, system,
pursuant to division S. enforcement and violations, below;
(7) A statement that this agreement shall not obligate the city to maintain or repair any stormwater management system, and the city shall not be liable to any person
for the condition or operation of the stormwater management system;
(8) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the city to enforce any of its ordinances as authorized by law; and
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(9) A provision releasing, Indemnifying, and holding harmless the city, its officials, officers, agents, and employees for any claims, actions, suits, liaties, losses, costs, ex
reasonable attorneys' fees, and costs of litigation, including special and consequential damages, arising from or related to the stormwater management system and/c
entry onto the property and use of the easement thereupon, unless the city has agreed in writing to assume the maintenance responsibility for the stormwater mans
system and has accepted dedication of any and all rights necessary to carry out that maintenance.
(Ord. No. 4618, § t, 5-19-08; Ord. No. 4683, § VI, 5-17-10; Ord. No. 4765, § I, 10-15-12)
Sec. 75-403. -Inspection program.
Inspections and inspection programs by the city may be conducted or established on any reasonable basis, including but not limited to routine Inspections; random
Inspections; Inspections based upon complaints or other notice of possible violations; and Joint Inspections with other agencies inspecting under environmental or safety laws.
inspections may Include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in structural
BMPs; and evaluating the condition of structural BMPs. If the owner of any property refuses to permit such inspection, the stormwater director shall proceed to obtain an
administrative search warrant pursuant to G.S. 15-27.2, or Its successor. No person shall obstruct, hamper or interfere with the stormwater director while carrying out his offcial
dutles.
(Ord. No. 4618, 4 1, 5-19-OS)
Sec. 75-404. -stormwater control measure ("SCM") replacement fund.
(aJ Creation and management ofa stormwater control measure("SCM replacement fund.
(1) The stormwater control measure ("SCM") replacement fund ("the fund")shall he created and maintained by the city to receive payments made pursuant to
subsection 75-404(b), below, by any owner of a commercial development or redevelopment (as such terms are defined in section 75-t 07 of this article). The term
"commercial development" and "commercial redevelopment", as used in this section 75-404 shall no[ include developments and redevelopments constructed by
any city department or by State of North Carolina ("state")and Forsyth County ("county") agencies, such as the state public university system and the Forsyth
County Board of Education. State and county agencies shall, Instead, be subject to the funding requirements outlined in subsection 75-404(I), hereof, provided that
if any state or county agency elects to pay into the Fund, then it shall be subject to all the remaining provisions of this section 75-404. City departments shall,
Instead, he subject to the funding requirements outlined in subsection 75-404(J).
(2) The city may pool all payments made to the fund, but shall keep the payments separate from, and shall not commingle the payments with, other stormwater funds
and non-stormwater funds.
(3) Monies in the fund may be invested In the manner allowed in G.S, 159-30 for the Investment of other public monies. Ali Income/Interest derived, therefrom, shall
be returned to the fund. Monies in the fund shall only be used [o defray the cost of capital expenses associated with the design, construction, reconstructlon,ond
repair of structural best management practices ("eMPs"), as such term and its abbreviation are defned in section 75-107 of this article.
(b) Payments to the stormwater structura/BMPreplacement fund. The city shall require payment to the fund prior to the Issuance of a stormwater management permit
for a commercial development or redevelopment, in order to ensure that the BMP is installed/constructed 6y the owner, as required 6y the approved stormwater
management plan, and maintained, as required by the operation and maintenance agreement. Payment required, hereunder, shall equal four percent of the
construction cost of the BMP. The payment may be calculated in accordance with guidelines issued by the stormwater director, which may Include the use of a sealed
engineers estimate of construction costs or a construction bid tab. The payment may also be calculated In accordance with an alternate method approved by city
council.
(c) Loans from fund-Eligihiliry for, use of, and terms ofrepayment.
(1) Any owner of a BMP, for which money has already been paid Into the fund, and who has executed an operation and maintenance agreement with the city, per
section 75-402. and to whom the city has approved the Issuance or transfer of a stormwater management permit, may apply for a loan from the fund, provided
that:
a.
The BMP has failed;
b.
The owner does not have [he Flnanclal
resources to repair the
BMP; and
c. The owner is not currently delinquent in the repayment of any monies previously borrowed from the city.
(2) The ciryshall determine, in its reasonable discretion, whether the owner meets the standards set forth above.
(3) The owner shall repay any loan from the fund in accordance with the <ity's policy for the payment of assessments, at an interest rate not to exceed the maximum
authorized by G.S. 160A-233.
(4) As security for the repayment of the loan, the owner shall grant to the city a contractual Ilen, via the operation and maintenance agreement, on all of the property
subject to the stormwater management permit. This lien shall he imposed only If the owner defaults on Its repayment obligation. Said lien shall he in addition to
the lien required by subsection 75=4o2(a) of this amide, to guarantee the costs of construction, reconstruction, maintenance, and repair of the BMP.
(d) Agreements to repay/pans from the fund. Agreements to repay loans from the fund shall be recorded establishing the obligation of all future transferees of the
property under the stormwater management permit to repay any loans from the fund. These agreements shall run with the land, protect the city, and provide that the
city has the right to enforce the agreements. Failure to comply with the agreements shall be deemed a violation of [his article.
(e) Plats. The final plat for any commercial development or commercial redevelopment subject to a stormwater management permit and developed under the stormwater
quality management provisions of this article shall contain a legend referencing the agreement to repay any loans from [he fund.
(f) Disc/osure statement. The continuous ongoing obligation of ail subsequent property owners of commercial developments or commercial redevelopments to repay any
loans from the fund shall he disclosed In all deeds of conveyance. Deeds for the property or any part, thereof, subsequently presented for recording to the office of the
register of deeds, shall contain a full disclosure regarding the obligation Co repay any potential loans from [he fund, togetherwith the agreements and any Ilens
pertaining to the repayment of Bald loans.
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Winston-Salem, NC Code of Ordinances
(g) Ciry use of fund monies for BMP repairs. The city may use monies in the fund to design, construct, reconstruct, and repair BMPs located on property which is subject to
foreclosure or bankruptcy proceedings or on which the owner has been unwilling to make repairs.
(h) Substitution of payment into the fund for performance security, Any owner who submitted to the city a bond, letter of credit, cash escrow, or other performance
security, under the previous version of this section 75-404which performance security is still in effect, may elect to pay into the fund, in lieu of maintaining the
performance security. After the city receives payment into the fund, as per the requirements in section 75-404(b), above, the city will release, cancel, and/or extinguish
the performance security which the payment into the fund is meant to replace.
(i) State and county agency earmarks and interlocal agreements. Any state or county agency may, in lieu of paying into the fund, earmark funds equal to four (4) percent
of the cost of construction, to secure the installation and maintenance of a BMP, in accordance with the approved stormwater management plan and the operation
and maintenance agreement pertaining, thereto. The sum to be earmarked shall be calculated in accordance with guidelines Issued by the stormwater director or by
city council, and may Include use of a sealed engineer's estimate or construction bid tab. The city shall require, and the state or county agency shall provide, evidence
that the funds have been earmarked, prior to the issuance of a stormwater management permit. Such evidence shall include: 1) copies of any capital projects bonds
that state or county voters have approved, appropriating money for the construction of the state or county development or redevelopment, and its attendant BMPs, 2)
a letter from the state or county agency's finance director, indicating the sum of money/bond proceeds set aside for the installation and maintenance of the BMP, 3) a
copy of a resolution by the state or county agency's governing board, authorizing the sequestration or earmarking of funds for the Installation and maintenance of the
BMP and the execution of an interlocal agreement guaranteeing the sequestration, and 4) a properly pre -audited and executed interlocal agreement, per the
requirement in the previous subsection. Every fiscal year following the initial submission of a state or county agency's governing board's resolution, the state or county
agency shall provide the city proof, within 30 calendar days of the board's approval of the current fiscal year's budget, that the requisite sum has, once again, been
encumbered for maintenance, repair, and replacement of the BMP,
(j) City earmarks. A city department, in lieu of paying into the fund, shall earmark funds sufficient to provide for the annual operation, maintenance, inspection, and
repair of the SCM, in accordance with the approved stormwater management plan and the operation and maintenance agreement pertaining thereto, For wet ponds,
stormwater wetlands, sand filters, bio-retention devices in clay soils, and bio-retention devices in sandy soils, the sum to be earmarked shall be calculated in
accordance with "Table 6. Summary of Construction Cost Curves, Annual Maintenance Cost Curves and Surface Area for five Stormwater BMPs in North Carolina...". in a
document entitled "The Economics of Structural Stormwater BMPs in North Carolina authored by Ada Wossink and Bill Hunt and published in 2003, a copy of which is
kept on the in the city's stormwater department. For all other manner of SCM, the sum to be earmarked shall be calculated in accordance with a sealed engineer's
estimate or construction bid tab, received at the time of the city department's application for a stormwater management permit, and Indicating the annual cost of
operation, maintenance, Inspection, and repair of the SCM. The city department shall provide evidence to the city's stormwater department that funds have been
earmarked in the city department's annual operating budget for operation, maintenance, inspection, and repair of the SCM, Every ensuing fiscal year following the
initial earmark, the city department shall provide the city's stormwater department proof, within 30 calendar days of the city council's approval of the current fiscal
year's budget, that the requisite sum has, once again, been encumbered for operation, maintenance, inspection, and repair of the SCM.
No. 4765, § II, 10-15-12; Ord. No. 4781, § I, 3-25-13; Ord. No. 2027-15, § 7, 6-21-21)
Editor's note— Ord. No. 4765, § II, adopted October 15, 2012, in effect repealed the former § 75-404, and enacted a new § 75-404 as set out herein. The farmer § 75-404
pertained to performance security for installation and maintenance and derived from Ord, No. 4618, adopted May 19, 2008.
Sec. 75-405. -Notice to owners.
(a) Deed recordation and indications on plat The applicable operations and maintenance agreement, conservation easement, or dedication and acceptance into public
maintenance (whichever is applicable) pertaining to the stormwater management system shall be referenced on the foal plat and shall be recorded with the county
register of deeds upon final plat approval. If no subdivision plat Is recorded for the site, then the operations and maintenance agreement, conservation easement, or
dedication and acceptance into public maintenance, (whichever is applicable) shall be recorded with the county register of deeds so as to appear in the chain of title of
all subsequent purchasers under generally accepted searching principles.
(b) Signage. Where appropriate, to assure compliance with this ordinance, as determined by the stormwater director, all or a portion of the stormwater management
system shall be posted with a conspicuous sign stating who is responsible for required maintenance and annual inspection. The sign shall be maintained so as to
remain visible and legible.
No, 4618, § t, 5-19-08)
Sec. 75-406. - Records of Installation and maintenance activities.
The owner of each stormwater management system shall keep records of inspections, maintenance, and repairs for at least five years from the date of creation of the record
and shall submit the same upon reasonable request to the stormwater director.
(Ord. No. 4618, 4 1, 5-19-08)
Se<. 75-407.-Nuisances.
The owner of each stormwater management system shall maintain it so as no[ to create or result in a nuisance condition.
(Ord. Na. 4618, § 1, 5-19-08)
Sec. 75-408. -Maintenance easements.
Every stormwater management system installed pursuant to this ordinance shall be made accessible for adequate maintenance and repair by a maintenance easement. The
easement shall be recorded and Its terms shall specify who may make use of the easement and for what purposes.
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(Ord. No. 4618, § 1, 6-19-08; Ord. No. 4683, § VII, 6-17-10)
Winston-Salem, NC Code of Ordinances
Secs. 75-409-76-500. -Reserved.
DIVISION 6. -ENFORCEMENT AND VIOLATIONS
Sec. 76-501. -General.
(a) Authority to enforce. The provisions of this ordinance shall be enforced 6y the stormwater director or any authorized agent of the city.
(b) Vio/anon unlawfu/. Any failure to comply with an applicable requirement, prohl5ltlon, standard, or limitation Imposed by this ordinance, or the terms or conditions of
any permit or other development or redevelopment approval or authorization granted pursuant to this ordinance, Is unlawful and shall constitute a violation of this
ordinance.
(c) Each daya separate offense. Each day [hat a violation continues shall constitute a separate and distinct violation ar offense.
(d) Responsib/e per•;ons/entities. Any person who erects, constructs, reconstructs, alters (whether actively or passively), or falls to erect, construct, reconstruct, alter,
repair or maintain ail or any portion of a stormwater management system in violation of this ordinance shall be subject to the remedies, penalties, and/or enforcement
actions in accordance with [his section. Persons subject to the remedies and penalties set forth herein may Include the owner as well as any architect, engineer,
6ullder, contractor, developer, agency, or any other person who has control over, the responsibility for, or the use of the property on which the violation occurs and
who participates In, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this ordinance, or fails m take appropriate
action, so that a violation of this ordinance results or persists,
(e) Civil penalties and costs collected pursuant to this ordinance shall be credited to the city's stormwater enterprise Lund.
(Ord. No, 4618, § 1, 6-19-08)
Se<. 76-502. -Procedures.
(a) Initial/on/comp/aint. Whenever a violatlon of this ordinance occurs, or is alleged to have occurred, any person may fie a complaint Such complaint shall state fully the
alleged violation and the basis thereof, and shall be filed with [he stormwater dlreaor, who shall record the complaint The complaint shall he Investigated promptly by
the stormwater director.
(h) Inspection, The stormwater director shall have the authority, upon presentation of proper credentials, to enter and inspect any land, huilding, structure, or premises to
ensure compliance with this ordinance.
(c) Notice ofv/o/atlon and order to correct When the stormwater director nods that any huilding, structure, or land is in violatlon of this ordinance, [he stormwater
director shall notify, in writing, the owner and/or other person violating this ordinance. The notlFl<atlon shall Indicate the nature ofthe violation, contain the addressor
other description of the site upon which the violation is occurring, order the necessary action to abate the violatlon, and glue a deadline for correcting the violatlon. If
civil penalties are to be assessed, the notice of violation shall also contain a statement of the amount and basis for the civil penalties [0 6e assessed, the time of their
accrual, and the time within which they must he paid or be subject to collection as a debt. The stormwater director may deliver the notice of violation and correction
order personally, by the local law enforcement, by certined or registered mail, return receipt requested, or by any means authorized for the service of documents by
Rule 4 of the North Carolina Rules of Civil Procedure. Refusal [o accept the notice shall not relieve the violator of the obligations set forth herein. If a violatlon Is not
corrected within a reasonable period of time, as provided in [he notification, the stormwater director may take appropriate action under this ordinance to correct and
abate the violatlon and to ensure compliance with this ordinance.
(d) Extension oftime. A person who receives a notice ofviolatlon and correction order, or the owner, may submit to the stormwater director a written request for an
extension of time for correction of the violation. On determining that the request includes enough information to show that the violation cannot he corrected within
the specified time limit for reasons beyond the control of the person requesting the extension, [he stormwater director may extend the time limit as Is reasonably
necessary to allow timely correction ofthe violation, up to, but not exceeding 60 days. The stormwater director may grant 30-day extensions In addition to the
foregoing extension if the violatlon cannot be corrected within [he permitted time due to circumstances beyond the control of the person violating this ordinance. The
stormwater director shall grant an extension only by written notice of extension. The notice of extension shall state the date prior to which correction must be made,
after which the violator will be subject to the penalties described in the notice of violatlon and correction order.
(e) Enforcementafter dme to correct. Aker the time has expired to correct a violation, Including any extenslon(s) if authorized by the stormwater director, the stormwater
director shall determine If the violation Is corrected. If [he violation is not corrected, [he stormwater director may act to Impose one or more of the remedies and
penalties authorized by this ordinance.
(f) Emergency enforcement If delay in correcting a violation would seriously threaten the effective enforcement of this ordinance or pose an immediate danger to the
public health, safety, orwelfare, then the stormwater director may order the immediate cessation of a violation. Any person so ordered shall cease any violatlon
immediately. The stormwater director may seek immediate enforcement, without prior written notice, through any remedy or penalty authorized by this article,
(Ord, No. 4618, 51, 5-19-08)
Sec. 75-503. -Remedies and penalties.
The remedies and penalties provided for violations of this ordinance shall be cumulative, in addition to any other remedy provided by law, and may he exercised in any order.
(a) Remedies.
(1) Withhold a certJRcate ofoccupancy. The building inspector may refuse to issue a certificate of compliance for the building or other Improvements constructed
on the development or redevelopment and served by a stormwater management system until the owner has taken the remedial measures set forth In the
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notice of violation or has otherwise cured the violations described therein.
(2) Disapprove su6sequen[perMtsand developmentapprovals. As long as a violation of this ordinance continues and remains uncorrected, the stormwater
director, the planning board, the engineering division, or the Inspections division may deny any request far permit or development or redevelopment approval
or authorization provided for by this ordinance.
(3) In/unction, abatements, etc. Pursuant to G.S. 160A-175, the stormwater director may seek an Injunction or an order of abatement to correct a violation of this
ordinance and recover the costs associated with this remedy.
(4) Correction as public health nuisance, costs as lien, etc. Pursuant to G.S, 160A-193, the stormwater director may summarily abate or remedy and a violation of
[his ordinance and recover the costs associated with this remedy.
(6) Stop work order. PursuanttoG.S. 160A-421,[hestormwater director may issue astop work ordertothe person(s)violating this ordinance.
(b) Civl/pena/ties Violation of this ordinance may subject [he violator to a civil penalty to be recovered In a civil action in the nature of a debt if the violator does not
pay the penalty within 30 days after notice of the violation is Issued by the stormwater director. Civil penalties for violation of the provisions of this ordinance may
total up to $1,000.00 per day, with each day consisting of a separate and distinct violation. The amount of the civil penalty will he based on aggravating and
mitigating circumstances, asset out in subsection (c) below. Civil penalties maybe assessed up to the full amount of any penalty to which the city is subject for
violations of its phase II stormwater permit.
(c) Aggravating and mitigating circumstances.
(1) The civil penalty assessed bythestormwater director shall be based on the following aggravating circumstances:
a. The degree and extent of harm to the quality of surtace or ground waters;
h. The degree and extent of harm to public health and property;
c. Cost to public to rectify damage;
d. Amount of money saved by noncompliance;
e. Whether the violation was committed willfully or intentionally;
f, Prior record of the violator in complying or failing to comply with regulatory programs;
g. Cost to the city of the enforcement procedures; and
h. If the violation occurs in a water supply watershed the overall penalty will increase 26 percent.
(2) The civil penalty assessed by the stormwater director shall he reduced by [he following mitigating circumstances:
a. Where the violator took immediate action to abate or to resolve the violation, the penalty assessed above shall be reduced by ten percent;
b. Where the violator worked to the maximum extent possible to abate or to resolve the violation, the penalty assessed above shall be reduced by ten
percent;
c, Where the violator constructed or implemented a stormwater management system to abate or to resolve the violation, the penalty assessed above shall be
reduced by ten percent; and
d. Where the violator cooperated with appropriate regulatory agencies, including but not limited to the stormwater director, the penalty assessed above shall
he reduced by ten percent.
(3) The stormwater director shall maintain a schedule of penalties based on the aggravating and mitigating factors set out above, which schedule may be amended
from time [o time as authorized by the city manager and which shall be made available as part of the administrative manual complied by the stormwater
director pursuant to subsection 75=202(d)(3) above or to anyone upon demand.
(Ord. No. 4618, 4 1, 6-19-08)
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