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