NCS000410_FILE SCAN_20160616

STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
/V C� Q U (3
1,
DOC TYPE
❑FINAL PERMIT
❑ ANNUAL REPORT
�//APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
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YYYYMMDD

E or,
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z
FOUNDED
1802
#,6 INCORPORATED G•
1986
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CO.'
YTH
PUBLIC WORKS
Mike Randall
Division of Water Quality
Stormwater Permitting Unit
1612 Mail Service Center
Raleigh, NC 27699-1617
.June 16, 2016
Re. Village of Clcmmons
NPDES Stormwater
Permit Renewal Application
NCS000410
Dear Mr. Randall:
P,C-C,,S7l
JUN ��
S r RMW��ANp ��A
rER p�Rr1q�7T�NG
Please find enclosed one copy of the NPDI-S Stormwater Permit Application Form
SWU-264 and three copies of the Stormwater Management Program Report (Section
V11-narrative).
Please contact me at 336-766-9170, if you have any questions.
Thanks,
Emily Harrison
Stormwater "Technician

NPDES STORMWATER PERMIT RENEWAL APPLICATION FORM
This application form is for use by Local Governments seeking NPDES stormwater permit coverage for
Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A
complete application package includes this form and one copy of a Narrative of The Stormwater
Management Program. The required Narrative of The Stormwater Management Program is described
in Section VII of this form.
I. NAME OF LOCAL GOVERNMENT, PERMIT NUMBER, AND EXPIRATION DATE
Name of Local Government Village of Clemmons
Permit Number NCS000410
Expiration Date November 30, 2016
II. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit
with another regulated public ❑ Yes ® No
enti
b. If yes, name of regulated
public entity
c. If yes, have legal
agreements been finalized ❑ Yes ❑ No
between the co-permittees?
III. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT
OBLIGATIONS (If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more
® Yes ❑ No
of your permit obligations?
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
Winston-Salem Erosion Control
• Element they will
Construction Site Run-off Control
implement
• Contact Person
Matthew Osborne
• Contact Address
100 N. Main St., Winston-Salem, NC 27101
• Contact Telephone
336-747-7453
Number
c. Are legal agreements in
place to establish
® Yes ❑ No
responsibilities?
Page 1
SWU-264 June 17, 2015

NPDES RPE Stormwater Permit Application
IV. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member.
This delegation must name a specific person, their title/position. Documentation of board action
delegating permit authority to this person/position must be provided.
a. Name of person to which permit
authori has been delegated
N/A
b. Title/position of person above
V. SIGNING OFFICIAL'S STATEMENT
If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section
IV above may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. ram aware that there are significant penalties for submitting false information,
including the possibA' fines and imprisonment for knowing violations.
Signature
�LrryAN. Kirb
Name
Title
Village Manager
Street Address
3715 Clemmons Rd
PO Box
City
Clemmons
State
NC
Zip
27012
Telephone
336-766-7511
E-Mail
[e-mail]
VI. LOCAL GOVERNMENT CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact Person
Judy Cherry
b.
Title
Stormwater Administrator
c.
Street Address
3800 Dillon Industrial Drive
d.
PO Box
e.
City
Clemmons
f.
State
NC
g.
Zip
27012
h.
Telephone Number
336-766-9170
j.
E-Mail Address
[e-mail]
Page 2
SWU-264 June 17, 2015

NPDES RPE Stormwater Permit Application
VII. NARRATIVE STORMWATER MANAGEMENT PROGRAM
Attach one copy of a narrative describing the stormwater management program. The report must
be presented in the following order.
1. Population and Estimated Growth Rate
2. Jurisdictional Area
3. Describe Stormwater Conveyance System
4. Estimated Land Use
5. Identify the Receiving Streams
6. Identify TMDLs (if applicable)
7. Identify impaired streams, likely sources, and existing programs that address the impairment
(if applicable)
8. List any existing water quality programs
9. Identify and describe any partnerships and/or inter -local agreements
10. Describe any state programs
11. Identify any other entity that the regulated public entity relies on to implement or manage its
stormwater program.
12. Identify points of contacts
13. Describe the public education and outreach program
14. Describe the public involvement and participation program.
15. Describe the Illicit Discharge Detection and Elimination Program.
16. Describe the post -construction stormwater program
Describe practices to inspect and maintain municipally -owned facilities
17. Describe practices to inspect and maintain structural stormwater control devices
18. Describe practices to reduce polluted stormwater runoff from municipally -owned streets,
roads, and public parking lots, piped and vegetative conveyances, manholes, cleanouts, drop
inlets, and drainage structures.
19. Describe any training programs for municipal staff.
20. Describe spill response procedures for those at Municipally Owned and/or Operated Facilities
as well as those in the public right-of-way.
Page 3
sWU-264 June 17, 2015

TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. TMDL Identi Iication
2. RECEIVING STREAMS
3. EXISTING WA'I'IsR QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
1
1
1
1
2
2
e
91
3
3
3
3
3
3
3
5. CO -PERMITTING INFORMATION (IF APPI-ICABLE) 3
5.1. Co-Permittecs
5.2. Legal Agreements
5.3. Responsible Parties
3
3
G. RELIANCE ON O'I HI73R GOVERNMENT ENTITY 4
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
4
4
4
4

7. STORM WATER MANAGEMENT PROGRAM 5
7.1. Public Education and Outreach on Stormwater Impacts 5
7.2. Public Involvement and Participation 7
7.3. Illicit Discharge Detection and Elimination 8
7.4, Construction Site Stormwater Runoff Control 11
7.5. Post -Construction Stormwater Management in New Development
and Redevelopment 16
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations 24
APPENDIX A: Receiving Streams Table and figure
APPENDIX B: Organizational Chart
APPENDIX C: Erosion Control Ordinance and Cooperative Agreement,
Construction Site Litter Ordinance
APPENDIX D: Interlocal Agreement— P'rWQP
APPENDIX E: Illicit Discharge and Illicit Connection Ordinance.
Ordinance to Control Dog Feces
APPENDIX F: Phase II Stormwater Quality Management Ordiance
APPENDIX G: Tree Preservation Ordinance, Redevelopment

Comprehensive Stormwater Management Program Report
1. STORM SEWER SYSTEM INFORMATION
I.]. Population Served: The permanent population served by the Municipal Separate Storm
Sewer System (MS4) is 19,324. This data is from the North Carolina Office of State
Budget and Management for l"iscal Year 2015-2016. (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 ol'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 2006 to the present
is calculated at 10.8%. This rate was derived by comparing 2006 censrIs data with
today's population figure. The populations were 17,243 and 19,324 respectively — a
gain of 2,081 people, during the ten-year period. This represents a 10.8% increase from
the year 2006 to the present or a 1.8% average annual increase over this period.
1.3. Jurisdictional and MS4 Service Areas: Clemmons is composed of 12.05 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 1 I
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
sediment loads that impact downstream areas, and minor flooding is experienced where
Page

floodplain encroachment occurs. Muddy Creek is categorized by the NC DI-NR
Division of Water Quality as impaired for elevated nutrients, turbidity and fecal
coli form primarily attributed to nonpoint source runoff from construction sites and
developed areas. There are no other known water duality 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 ►host often results in
stormwater being collected into an underground drainage system without much
overland now. 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 I"stiniates: Clemmons includes 60.8 % Residential, 20.3%
Commercial, 1.6% Industrial, and 17.3% Open Space.
1.6. TMDL Identification: A portion of the Village of Clemmons MS4 discharges into
Muddy Creek for which a TMDL was approved in 2011. The Village has a TMDL for
turbidity.
Page 2

2. RECEIVING STREAMS
"Cable 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 I-lampton 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 (NFII') floodplain management program within
the Village of Clemmons.
3.2. State Programs: nic 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
Larry W. Kirby
Village Manager (336) 766-75 11
[phone]
[e-mail]
cleimmons.org
Mike Gunnell
Public Works Dir. [phone]
[phone]
mgunnell a cleinmons.org
Judy Cherry
Stormwater Admin. [phone]
[phone]
[e-mail]
4.2. Organizational Chart: See chart in Appendix B.
4.3. Signing Official: The signing official for this permit application is Larry W. Kirby, the
Village Manager. As the local government manager, Mr. Kirby is the principal
executive officer for the jurisdiction as appointed by the elected board.
4.4. Duly Authorized Representative: (Not / Applicable)
5. CO -PERMITTING INFORMATION (IF APPLICABLE)
The Village of Clemmons is not entering into a co -permitting arrangement with any other
municipality.
Page 3

6. RELIANCE ON OTHER GOVERNMENT ENTITY
Name of the entity: Forsyth County
Llement to be Implemented: Construction Site Stormwater Runoff Control (Erosion 8-,
Sediment Control Program)
Contact Information for the Responsible Party:
Name: Matthew Osborne
Address: 100 N. Main Street
Winston-Salem, NC 27101
Phone: [phone]
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: Judy Cherry; Stormwater Administrator
Address: 3800 Dillon Industrial Drive
Clemmons, NC 27012
Phone: [phone]
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.
Page 4

7. STORMWATER MANAGEMENT I'ROGItAM 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 19 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 ofthe
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 dyers,
curriculum guides for schools, movie theater ads, promotional items with logo,
PTWQI' website(«,�vw.piedmontwaterquality.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.
I'sge 5

Articles for local print media will be developed and distributed. The Village's
website has been expanded to include a stormwater management section. In this
section will be information on what citizens can do to reduce stormwater
problems and links to other stormwater sites and resources including; the North
Carolina Department of Environment and Natural Resources Stormwater Website.
The Clemmons Government Access TV channel will be used to distribute timely
educational and announcement information regarding stormwater management.
Information on Forsyth County's household hazardous waste disposal program
will be included, as appropriate, in various educational materials, notices, and
brochures. 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 Government Access TV, 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 1711le-
tune subsequent activities to ensure that maximum impact is being achieved for
this minimum measure.
Page 6

7.2. Public Involvement and Participation
Target Audience: Three general groups of citizens are targeted by the Public
Involvement and Participation Program, namely: 1. all citizens ofthe 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 and tree planting .
The rationale for this program is to implement a public involvement/participation
program that engages all economic and ethnic groups into reducing surface water
pollution to the maximum extent practicable and to provide opportunities for the
public to participate in program development and implementation. The
underlying principle for public involvement and participation is that surface water
pollution is most effectively controlled at the source. Only the public can
accomplish that and involvement and participation will give the public a greater
sense of ownership, buy -in, and understanding of the issues
Evaluation: Regular dialogue will be maintained with other local governments
regarding the successes and problems with similar efforts for this minimum
measure. Discussions with other local government officials will be used to fine-
tune subsequent activities to ensure that maximum impact is being achieved for
this minimum measure.
Page 7

7.3. Illicit Discharge Detection and Elimination
MS4 Map: The existing outfall Inventory Map was developed by locating
structures with a handheld GPS device and adding information such as size,
material and condition. This information is managed in a digital GIS database
and mapping system. This information will be combined with other currently
available graphical information such as Village limits, streams and water bodies.
Sources of existing information include the US Geological Survey, Forsyth
County, the Winston-Salem/Forsyth County GIS Department and Planning
Department.
To maintain the current map, existing, added and suspected stormwater outfalls
will be field located to verify their existence, location and other pertinent
information such as size, material and condition. All existing and new
information will be collected and managed in the digital GIS database and
mapping system. Updating of the MS4 Map information will be accomplished
through the use of as -built site plans that will be field located as needed by the
Village Stormwater Administrator and staff.
Regulatory Mechanism: The Village has adopted an ordinance to regulate the
discharge of illegal substances into the MS4. See Appendix I. 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
remake 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 Administrator with implementing the Illicit Discharge Detection and
I-limination 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 Administrator 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
P1gc 8

consist of at least 2 persons. Depending upon the type of pollutant involved,
differing identification techniques may be used such as visual observations,
smel Is, 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. How 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 pl-I 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 Administrator. 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 Government Access TV 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 discharge ordinance and
I'age 9

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 mininul111
measure. Results of the records, analyses, and discussions with other local
government officials will be used to fine-tune subsequent activities to ensure that
maxinn1111 impact is being achieved for this minimum measure.
Page 10

7.4. Construction Site Stormwater Runoff Control
The Village of Clemmons will rely on the Forsyth County Erosion Control regulations
and permitting process to reduce pollutants due to stormwater runoff from construction
activities. This program has already been adopted and is In effect for Forsyth County, the
City of Winston-Salem, and the Village of Clemmons. The purpose of the procedures
established by this program is to control accelerated erosion and sedimentation from land
disturbing activities in order to prevent the pollution of water and other damage to lakes,
watercourses, and other public and other private property.
The Construction Site Slornnl wler Rimoff'Conlrol 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 hlspections. The ordinance requires:
Development of erosion control plans that address the following
control objectives:
a) Identify and address on -site critical areas especially vulnerable
to damage from erosion and/or sedimentation,
b) Plan and conduct all land disturbing activity to minimize the
time of exposure,
c) Plan and conduct all land disturbing activity to minimize the
size of the area exposed at any one time,
Page i t

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' tile litter control
ordinance is provided in Appendix C of this document.
Page 12

Plan Reviews: Persons conducting a land disturbing activity meeting the
requirements for permitting shall file three (3) copies of the erosion control plan
with the Superintendent of Inspections at least thirty (30) days prior to beginning
the activity. One copy of the erosion control plan will be retained by the
Superintendent of Inspections, one copy will be forwarded to the Forsyth Soil and
Water Conservation District, and one copy shall be kept at the job site. The
Forsyth Soil and Water Conservation District, within twenty (20) days of receipt
of any plan, or within such additional time as prescribed by the Superintendent of
Inspections, shall review the plan and submit its comments and recommendations
to the Superintendent of Inspections. The Superintendent of Inspections will
review each complete plan submitted to him/her and ,within thirty (30) days of'
receipt will notify the person submitting the plan that it has been approved,
approved with modifications, approved with performance reservations, or
disapproved. Denial of a plan must specifically state in writing the reasons for
denial. The Superintendent of Inspections must approve or deny a revised plan
within fifteen (15) days of receipt, or is deemed to be approved.
Approval of the Erosion Control Plan is conditioned on the applicant's
compliance with federal and State water quality laws, regulations, and rules. A
copy of the Erosion Control Plan for any land disturbing activity that involves the
utilization of ditches for the purpose of de -watering or lowering the water table
must be forwarded to the Director of. the Division of Water Quality. Any plan
submitted for a land disturbing activity for which an environmental document is
required by the North Carolina Environmental Policy Act (North Carolina
General Statute 113A-1) shall be deemed incomplete until a complete
environmental document is available for review.
Based on historical data, it is estimated that 50 erosion control plans will be
submitted for review per year from Clemmons. One hundred percent of these
plans will be reviewed by the Superintendent of Inspections. A process for
appealing plan disapproval or approval with modifications is provided for in the
Erosion Control Ordinance. Additionally, following commencement of a ]and
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.
Lnforcement: Violation of the Erosion Control Ordinance by failing to conduct
land disturbing activities in accordance with an approved plan where one is
required will result in various sanctions as documented in the Ordinance. These
sanctions take the following forms:
Page 13

BUILDING PERMI'fICI,R'I'IFICA'I'E 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 lie may reasonably deem necessary to carry out his duties. This
includes entering at reasonable times upon the property, public or private, for the
purpose of investigating and inspecting the sites of any land disturbing activity.
No person shall refuse entry or access to any authorized representative or agent of
the city who requests entry for purposes of inspection, and who presents
appropriate credentials.
Page 14

Public Information: Forsyth County has administered this program since its
inception and maintains public awareness ofthe program and its requirements.
Evaluation: Forsyth County is responsible for the continual evaluation of this
Minimum McaSure.
Page 15

7.5. , Post -Construction Storm Water Management in New Development and
Redevelopment
The Village of Clemmons has developed a Post Construction Stormwater Management
Program to ensure that controls are in place that will prevent or minimize water quality
impacts from new development and redevelopment projects that cumulatively disturb one
acre or more, and from projects less than an acre that are part of a larger common plan of
development or sale that disturbs an acre or more. The Village Water Supply
Watershed Protection Ordinance and Program has been combined with the Post
Construction Stormwater Management Program to create a comprehensive ordinance and
program that meets the needs of both programs. This ordinance was submitted for
approval by the NCDf NR 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 NCDI NR 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
BM Ps 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 storniwater 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,
13MP 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 13M P, submit annually to the local program, a
maintenance inspection report on each structural BMP. The inspection must be
conducted by a qualified professional.
Fecal Coliform Control: Village personnel will be trained to identify surface
water pollution from leaking on -site treatment systems for domestic wastewater
(septic tanks and nitrification fields). Where incidents of fecal coliform
contamination are discovered; the Forsyth County Health Department will be
notified to remedy the problem. Village personnel will follow up with the Forsyth
County Health Department to determine and document the resolution of these
incidents.
Page 16

TR Waters: The Village of Clemnlons 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-.Scrleni cord 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. Clerninons 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, Clemnlons 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 fioodplains.
• 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 in(ill
developments. When the County implements these incentives, Clcnullons
will consider adoption.
1'age 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 Clenurlons 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 11 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 file designated public water
supply watershed area) ofall 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 19

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 1")
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. Tile 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 sonic clarification to this section on the Clemmons Unrfied Develop dent
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
PUgC 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/green Field 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 tree slvegetation to be replanted.
The Village ol'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 ofthe 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 storniwater
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-o[=way drainage system will be inspected annually to identify
any major deficiencies. Hollowing; 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 delIciencies 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.).
"age 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 line -
tune subsequent activities to ensure that maximum impact is being achieved for
this minimum measure.
Page 25

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
Ctemmons 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 Gust 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)
Pagel 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-S1
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)
C
Impaired
Zinc, Turbidity
Yes
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)
Muddy Creek - Unnamed Tributaries (per USGS Map) continued
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
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-W1 i
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 (2016 Draft Integrated 305(b) and 303(d) Report)
Dated December 19. 2014
Page 5 of 5

0 0 0
ORGANIZATIONAL CHART- VILLAGE OF CLEMMONS
Updated 6/14/16 I Citizens
Mayor & Council
Village Attorney Village Manager
Kasper & Payne I I Larry W. Kirby
Public Works PT Marketing and Senior
Director/Engineer Communications Adminsitrative Clerk
Direct Assistant Lisa M. Shortt
Mike Gunnell Shannon Ford Patty Fife
Stormwater Senior Director of
Engineer Administrative Operations
Unfilled Position Assistant Steve Gearren
Stormwater Assistant Direcor Landscape
PT Inspector of Operations Supervisor Ben Mechanic Lenny
Administrator Owens
Robert Smith Holder
Stormwater I I Equipment I I Landscape
Technicians Operators Technician
Boards and
Commissions
Finance Officer I I Planner
K. Ann Stroud Megan Ledbetter

Ordinance Number- 2002-07
AN ORDINANCE
TO REQUIRE REFUSE CONTAINMENT
AT CONSTRUCTION SITES
BE IT ORDAINED by the Village Council of the Village of Clemmons that:
Section I: Construction Sites
All construction contractors shall 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 effect the 28 h day of August, 2002.
Approved by a unanimous vote on the 2Slh day of May, 2002,
�acxk_5�
illiam C. McGee, Jr.
Mayor
ATTEST:
Marsha Sucharski
Village Clerk

NORTH CAROLINA )
INTERLOCAL AGREEMENT
FORSYTH COUNTY)
THIS AGREEMENT, entered in this Z7 ` day of OC76&- ,
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.
f. Enforcement of special use zoning requirements.

g. All enforcement and administrative services will be provided at a service Ievel
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.
i. Any fees or, eivil penalties diie to be paid pursuant to, and selely applieable to,
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"] an& 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. 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. Assigmnent: 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.
o���� CITYpc�
v ' NORTH
Attest: a : o
Q OLINA; ci
Secretary
Attest:
Approved a to form and legality
�i
Village Attorney
Date
THE CITY OF WINSTON-SALEM
r
Approved as to form and legality.
This a of "dL 24 a
By ,(/jAttorney
THE VILLAGE OF CLEMMONS
By:
Mayor

Municode Page I oi'23
Ligi Print
Clemmons, North Carolina.. Unified Development Code» Chapter C1 - 1--nvironmcntal Ordinance»
Article IV - Erosion Control >>
Article IV - Erosion Control
4-1 - GENERAL
4-2 - DEFINITIONS
4-3 - ADMINISTRATION AND INTERPRETATION OF THIS SECTION OF THE ORDINANCE
4-4 - SCOPE AND EXCLUSIONS
4-5 - GENERAL REQUIREMENT'S
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 - IMPROVEMENT SECURITY REQUIRED OF CERTAIN PERMITAPPLICANTS
4-18 - EROSION AND SEDIMENTATION CONTROL PLANS
4-19 - APPEALS 13 Y PERMIT APPLICANT OR I-10I.,DER
' 4-20 - COMPLIANCE WITH PLAN REQUIR.EMENI'S
4-21 - INSPECTIONS AND INVESTIGATIONS
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4-22 - PENALTII
4-23 - INJUNCTIVE RELIEF -
4-24 - PERMITS AND DEVI I_,OPMFN'I' PLANS PRF.SF.NTI.Y IN I7FFF..CT TO IZ MAIN IN
LFFI-CT
4-25 - RESTORATION AF"1-ER NONCOMPLIANCE;
4-26 - SEVI7-'RA131LITY
4-27 - EFFECTIVE DATE
4-1 - GENI:,RAL
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 ofwater and other damage to lakes; watercourses, and other public and private
property by sedimentation; and,
(13)
Establishing procedures through which these purposes can be fulfilled.
4-2 - DEFINITIONS
As used in this chapter, unless the content clearly indicates otherwise, the following definitions 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,
poultry, 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 I)EVELOPMENT
Completion of construction or development means that no further land disturbing activity is required on
a phase of a project except that which is necessary for establishing a permanent ground cover.
DEPARTMENT
The North Carolina Department of Environment and Natural Resources (DENR).
DI RECTOR
The Director of the Division of l.,and Resources of the Department of Environment and Natural
Resources (DI1NR).
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 GRADE
The elevation among the ground surface of a site as recorded in topographic mapping at two (2) foot or
foiir (4) foot contour intervals, on rile in the office of the Planning 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. 1 JOB-14(c).
HIGH QUALITY WATER (HQW) ZONES
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Areas that are within one mile of high duality 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 ally
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 through 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
environmental 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 FOR THE VIOLATION
Person responsible for the violation, as used in this Chapter, and G.S. 1 13A-64, means:
(A)
The developer or other person who has or holds himself/herself0l.it 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 he/she has directly or indirectly
allowed the land disturbing activity or has bernefited 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 OF 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, that has been or is being transported by water, air,
gravity, or ice from its site of origin.
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
Sediment resulting from accelerated erosion which is settleable or removable by properly designed,
constructed, and maintained control measures; and which has been transported 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, channels, ditches and appurtenances which serve to collect and convey
stormwater through 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 through 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 rtrnoff'resulting from a precipitation of an intensity expected to be equaled or exceeded,
on the average, once in twenty-five (25) years, and of a duration which will produce the maximum peak
rate of runoff, from the watershed of interest under average antecedent wetness conditions.
UNCOVERED
The removal of ground cover from, 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 through the cross section of the main channel at the peak flow of the storm
of interest. The cross section of the main channel shall be that area defined by the geometry of the
channel plus the area of flow below the flood height defined by vertical lines at the main channel banks.
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Overload (lows are not included for the purpose of computing velocity of flow.
WASTE
Surplus materials resulting from on -site land disturbing activities and being disposed of at other
locations.
WORKING DAYS
Days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land
disturbing; activity to be undertaken.
4-3 - ADMINIS"fRATION AND INTERPRETATION OF 'PHIS SECTION OF THE ORDINANCE
4-3.1
The Director of Inspections shall be responsible for the administration 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
minimum 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 EXCI.,USIONS
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 useful to humans, including 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 animals; 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
Water Quality (best management practices) as adopted by the North Carolina Department of'
Environment and Natural Resources (DENR). If land disturbing activity undertaken on forest land for
the production and harvesting of timber and timber products is not conducted in accordance with Forest
Practice Guidelines Relatec! to Water 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. 1 13A-52(8) who are otherwise regulated by
the provisions of the fillining Act of 1971, G.S. 74-46 through 74-68;
(D)
STATE OF NORTH CAROLINA .IURISDICTION Land disturbing activity over which the State has
exclusive regulatory jurisdiction as provided in G.S. 113A-56; and.
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 approved by the Director of Inspections and without having
purchased the applicable permit through the Inspections Division office.
4-5.2
Persons conducting land disturbing activity shall take all reasonable measures to protect ail public and
private property from damage caused by such activity, including protected f7oodway fringe areas
specified in Section C.2.
(C-UDO-45, § 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 planned 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 ofexposed 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 planned and conducted so as to
prevent off -site sedimentation damage;
(F)
MANAGE STORM WATER 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 control the velocity at the point of discharge so as to minimize
accelerated erosion ofthe site and increased sedimentation of the stream; and,
(G)
PROTECTION OF FLOODWAY AND FLOODWAY FRINGE AREAS All land disturbing; activity is
to be planned and conducted so as to protect floodway and floodway fringe areas in accordance with
Section C.2-3.
4-7 - MANDATORY STANDARDS FOR LAND DISTURBING ACTIVITY
No land disturbing activity subject to the control ofthis section of the Ordinance shall be undertaken
except in accordance with the followings 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 -none is provided
along the margin of the watercourse of sufficient width to confine visible siltation within the twenty-tive
percent (25%) of the buffer zone nearest the land disturbing; activity. This subdivision shall not apply to
a land disturbing activity in connection with the construction of facilities to be located on, over or under
a lake or natural watercourse.
(2)
Width of Buffer Lone. 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 disturbing; 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 (1.5.1) 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 and tills must be demonstrated to be stable. Stable is file condition where the soil remains
in its original configuration, with or without mechanical constraints. 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 (2 1 ) calendar days of'
completion 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, the ten (10) foot height limit for
mechanically stabilized slopes may be increased for:
(a)
Wing Walls and Earth Retaining Devices. Wing wails allowing; subgrade access and other earth
retaining devices required for the structural support of buildings, bridges, dams, culverts, or similar
structures; or,
(b)
Stormwater Channels. Mechanical stabilization required for engineered storniwater channels.
(C)
PILL 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 sires exceeding twelve (12) inches, and any materials which
would cause the site to be regulated as a landfill by the 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 tract
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 three (3) to one (3:1) slope and greater than
ten (10) feet in height and intervening terraces required in Section C.4-7(13)(1) shall be revegeaatod 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 trunk 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 planting with a minimum height at maturity of twenty-five (25) feet.
(E)
FLOODWAY AND PLOODWAY FRINGE AREAS
(1)
Limits of. Encroachment. 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 encroachment 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 the zoning lot in question, or other line provided by a certified engineering study in accordance with
Section C.2-32(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 encroachment 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
from 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.4-1 G unless, 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.
(I -I)
PRIOR TO LAND DISTURBING ACTIVITIES
(1)
Notification. No person may initiate a land -disturbing activity before notifying the agency that issued
the plan approval of the date that the land -disturbing activity will begin.
(2)
Preconstruction Conference. When deemed necessary by the approving authority a preconstruction
conference may be required.
(C-U DO-45, § 3, 1-2-09)
4-8 - DESIGN AND PERFORMANCE STANDARDS
4-8.1
Except as provided in this Ordinance, erosion and sedimentation control measures, structures and
devices, shall be so planned, designed and constructed as to provide protection from the calculated
maximum peak of runoff from the ten-year storm. Runoff rates shall be calculated using the procedures
in the USDA, Soil Conservation Service's National Engineering Field Manualfin- Con.s•ervalion
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
maximum total area within the boundaries ofthe 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 planned, designed
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and constructed to provide protection from the runoff of the twenty -five-year storm which produces the
marinium peal: rate of runoff as calculated according to the procedures in the United States Department
of Agriculture Soil Conservation Service's National Engineering Field rlllanual f n- Conservation
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 (0.04mm) size soil particle transported into the basin by the runoff of that live -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 Fielcl Alfannal fcnr
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 Channels 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.
(13)
Ground Cover Ground cover suf 'ficient 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 - STORMWATF-R OUTI.,I�T PROTI-�CTlON
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 ['able 5.1; or,
(B)
Velocity Prior to Development The velocity of the ten-year storm runoff in the receiving watercourse
prior to development.
If conditions in Sections CA-9,1(A) and (B) cannot 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 channel 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 increases 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�elosed 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
structures.
(D)
Cross Sections: l-rosion Resistant Lining Protect watercourses subject to accelerated erosion by
improving cross sections and/or providing erosion -resistant lining.
M
Improvement of Receiving Devices or Watercourse Upgrade or replace the receiving device structure, 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
"Phis 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 tor 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 loarn
(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, loarn
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
1.9
pans
Source - Adopted from recommendation by Special Committee on Irrigation Research, American
Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply
velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.9 for highly
sinuous channels.
4-10 - BORROW AND WASTE AREAS
When 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 Mining Act 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 land disturbing activity.
4-11 - ACCESS AND HAUL ROADS
Temporary access and haul roads, other than public roads, constructed or used in connection with any
land disturbing activity shall be considered a part of such activity.
4-12 - OPERATIONS IN LAKES OR NATURAL WATERCOURSES
Land disturbing activity in connection with construction in, on, over, or under a lake or natural
watercourse shall be planned 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.
Advisory 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 - RESPONSIl3ILITY FOR MAINTENANCE
During the development ofa 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 Ordinance, 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 ofa 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 ofa Inspections will serve upon the land 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
Commission or Local Government and will state the time within which such measures must be
completed. In determining the measures required and the time 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.
4-1 i 4
This rule shall not require groundcover on cleared land forming the future basin ofa planned 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,
(13)
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 Regulalions. 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 tec for permits required by this section shall be as the governing bodies of Local Government 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 11ce 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
future action on expired grading plans requires new plans to be submitted and approved.
(a)
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 t-or 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 rehabilitation/reuse plan for the site,
prior to the issuance of a zoning or grading permit.
4-17 - IMPROVI MENf 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 Iorm 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 ofthis 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 ofthis
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 three (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 in conformity 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 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 ofthis 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 refunded to the developer.
The security shall be released when the Director of Inspections has certified that the requirements ofthis
section of the Ordinance have been met.
4-18 - EROSION AND SEDIME-XI'A`CION CONTROL PLANS
4-18.1
An erosion control plan shall be prepared for all land disturbing activities on a tract requiring a permit
under this Article.
4-18.2
Persons conducting a land disturbing 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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erosion control plan will be retained by the Director 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 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'thc revised plan,
wort: shall cease or shall continue under conditions outlined by the Director of Inspections. If following
commencement of a land -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
land disturbing activity or his/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 ofthe
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 him/her 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 specifically state in writing the reasons for denial. The Director
of Inspections must approve or deny a revised plan within fifteen (15) 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 ofIthe 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 flan 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 environmental document is required by
the North Carolina Environmental Policy Act (G.S. 1 13A-I, 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 signature to be unnecessary due to the simplicity of the site
situation and the limited nature 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 (I
to 100'), showing:
(A)
Standard Documentation Standard documentation, available in part from the offices of the "fax 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;
(13)
Existing Conditions Existing conditions, available in part From the Planning 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 ol'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. flan 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 ol' trees
to be retained and proposed vegetative cover; and, excepting applications for subdivision approval only,
location of sewage treatment facilities, including septic tank and drain field, if public or community
sewerage is not available; and,
(D)
Other A statement, referenced to the map(s) if appropriate, as to whether the site will be developed in
sections and any profiles, earth movement computations, drainage calculations, grading specifications,
temporary and permanent 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 ofthe
rules adopted by the Environmental 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 disturbing; activity without
an approved plan, or has received notice of'violation of a plan previously approved by the Commission
or a local government 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 dile and for which no appeal is pending;
(C)
Misdemeanor or Criminal Provision Has been convicted of a misdemeanor pursuant to G.S. 1 13A-G4(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 two (2) years prior to the
application date.
4-18.9
Application for amendment of an erosion control 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.4-192, 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 met 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 from the Board of Adjustment shall be to the North Carolina
Sedimentation Control Commission as provided in G.S. 1 13A-G l (c) and 15 NCAC 413 .008 l (b), with
notice of'appeal filed within fifteen (15) days following issuance ofthe 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. '['he 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. l
Any person engaged in land disturbing; activities who fails to file a plan in accordance with this
Ordinance, or who conclucts a land disturbing 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 ol' plan approval.
4-2 1.2
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
Called 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 shalt
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 be taken 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 must be
completed. In determining the measures required and the time allowed for compliance, the Local
Government serving notice shall take into consideration the economic feasibility, technology, and
quantity of work required, and shall set reasonable and attainable time limits ofcompliance. 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. l 13A-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 ofthe 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 ol'any land disturbing activity. No person shall refuse entry or access to any
authorized representative or agent ofthe 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. Anadministrative search warrant
may be obtained as provided in Section C.1-10 of'the Forsyth County Code and other applicable laws.
4-2 1.4
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 l .6
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 ofthe provisions of this section ofthe 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 required, 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 failure 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 ofthe 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 must 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 enlorcement 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 time period for compliance need be given for failure to submit an erosion control plan for approval or
for obstructing, hampering, or interfering with an authorized representative while in the process of
carrying out his official duties. Mach day of continuing violation shall constitute a separate violation. A
person may be assessed a one-time civil penalty of up to five thousand dollars ($5,000.00) for the day
the violation is first detected.
(I3)
Amount and Enforcement The Director of inspections shall determine the amount of'the civil penally 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 ofthe notice of assessment. The notice shall set forth 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 ofthe penalty, the Director of Inspections shall consider the
degree and extent of -harm caused by the 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 ofthe violator in complying or Tailing to comply with this ordinance. Notice ofthe
assessment shall be by registered or certified mail or other means reasonably calculated to give actual
notice. I ('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 Clemmons Attorney for institution of a civil action in the name of the City of' Winston-
Salem/Forsyth County in the appropriate division ofthe 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 three {3} years of the date the final decision was served on the violator.
(C)
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 ofthe written demand for hearing. The Director of
Inspections shall render his decision on the civil penalty at the conclusion ofthe hearing. Appeal from
the final decision ofthe Director of Inspections 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. 1 13A-b4(a)(5).
4-?? ?
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 ofthe 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 tine not to exceed live 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 control 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 ofthe City of Winston-Salem/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 violation is occurring or is threatened, it shall enter such
orders or judgments as are necessary to abate the violation or to prevent the threatened violation. "['lie
institution of an action for injunctive relief under this section shall not relieve any party to such
proceedings from any civil or criminal penalty prescribed for violations of this section of the Ordinance.
4-24 - PERMITS AND DEVELOPMENT PLANS PRESENTLY IN EFFEC[' `I'O REMAIN IN
EFFECT
A]1 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 Ordinance.
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. 1 13A-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 - SEVER -ABILITY
If any section or sections of'this Ordinance is/are held to be invalid or Linentorceable, all other sections
shall nevertheless continue in full force and effect.
4-27 - EFF'EC'HVE DATE
'['his Ordinance shall become effective upon adoption.
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Piedmont Triad Water Quality Partnership
INT.ERLOCAL STORMWATER EDUCATION AGREEMENT
This Agreement made and entered into this l27-�4 day of / p.,eiL. , 2004, by
and among the PIEDMONT TRIAD REGIONAL WATER AUTHORITY, hereinafter
referred to as "PTRWA," GUI.LFORD COUNTY, a North Carolina body politic (hereinafter
referred to as "GUILFOIW"), FORSYTH COUNTY, a North Carolina body politic
(hereinafter referred to as "FORSYTH"), .RANDOLPH COUNTY, a North Carolina body
politic (hereinafter referred to as "RANDOLPH"), the CITY OF HIGH POINT, a North
Carolina municipal corporation (hereinafter referred to as "II1GI1 POINT"); the CITY OIL
WINSTON-SALEM, a North Carolina municipal corporation (hereinafter referred to as
"W:I:NSTON-SALEM"); the 'TOWN OF JAMESTOWN, a North Carolina municipal
corporation (hereinafter referred to as ",JAMESTOWN"), the CITY OF .RANDLEMAN, a
North Carolina municipal corporation (hereinafter referred to as "RANDLEMAN"), the CITY
OF ARCHDALE, a North Carolina municipal corporation (hereinafter referred to as
"ARCHDALE"), the TOWN OF KERNERSVILLE, a North Carolina municipal corporation
(hereinafter referred to as "KERNERSVILLE") the CIrTY OF GREENSBORO, a North
Carolina municipal corporation (hereinafter referred to as "GREENSBORO"), the TOWN OF
WALKERTOWN, a North Carolina municipal corporation (hereinafter referred to as
"WALKERTOWN"), tlic TOWN OF LEWISVILLE, a North Carolina municipal corporation
(hereinafter referred to as "LEWISVILL ;"'), the VILLAGE OF CLEMMONS, a North
Carolina municipal corporation (hereinafter referred to as "CLEMMONS"), and the TOWN OF
RURAL HALL, a North Carolina municipal corporation (hereinafter referred to as "RURAI.
HALL") :
WITN ESSETI3:
WHEREAS, the above referenced counties, cities, villages, and towns operate
stormwater-related programs and would benc(it by pooling resources in their efforts to train
citizens and businesses with regard to storrwater riles including water quality protection and
management and surface water pollution prevention, NPDES stormwater regulations, and best
management practices in the development of a Randleman Lake Storniwater Management Plan,
as applicable; and,
WHEREAS, the above referenced counties, cities, villages, and towns have agreed to
cooperate to produce television ads, brochures and stream signs and/or other stormwater quality
educational components as set forth herein in Exhibit A; and,
WB EREAS, it is in the best interest of the citizens and residents of the above referenced
counties, cities, villages, and towns to provide for efficient, proper and environmentally sensitive
methods of controlling stormwater; and,
WHEREAS, the State of North Carolina has encouraged local governments to utilize all
tneans reasonably available to promote efficient and proper methods of controlling stormwater
including the development of regional programs and partnerships; and,

WILEREAS, the counties are authorized by North Carolina General Statute § 153A,
Article I5, Pant 1, and the municipal corporations are authorized by N.C.G.S. § 160A, Article 16,
Part 1, to establish and operate stormwater programs; and
WHEREAS, the counties and the municipal corporations are authorized by N.C.G.S. §
I60A, Article 20, to enter into contracts or agreements with each other to execute "Illy
undertaking involving the joint exercise, or the exercise by one for the other, of any power,
function, public enterprise, right, privilege or immunity of local government; and,
WHEREAS, the Board of Directors of the PTRWA, the Board of Commissioners of the
counties of FORSYTH, GUILFORD and RANDOLP.1I, and the Councils of HIGH. POINT,
WINSTON-SALEM, JAMESTOWN, RANDLEMAN, ARCHDALE, KERNERSVILLE,
GREENSBORO, WALKERTOWN, LEWISVILLE, CLEMMONS, AND RURAL HALL
each deem it to be in the best interests of the present and future citizens of the counties, cities,
villages, and towns that this Agreement be entered into in order to meet their complementary
needs for the education of Piedmont Triad -area businesses and citizens with regard to stormwater
and water duality management.
NOW, 'I' EREFORE, in consideration of the terms, conditions, and covenants
expressed herein, the PTRWA, counties, cities, villages, and towns agree as follows:
ARTICLE I
Purpose of Agreement
'.I'he purpose of this Agreement is to evidence the counties, cities, villages, and towns'
agreement to provide brochures, watershed signs, television ads, and/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 rules, regulations and requirements of
proper stormwater control the corporate limits of the counties, cities, villages, and towns under
their respective jurisdiction and control, to the extent, and subject to the conditions, hereinafter
set forth. The parties agree to refer to this agreement and narne the collaborative program as the
Piedmont Ti-had Water Quality Pm-mervhip,
ARTICLE It
Objectives
The parties seek to implement stormwater management, surface water quality, and
watershed protection public education programs to educate the Piedmont Triad community about
the impacts of stormwater discharge on receiving waterbodies and the specific need to reduce
stormwater pollution in the Randleman Take Watershed, as applicable. The parties believe these
goals can best be achieved by coordinating their efforts on a regional basis to provide citizens
and businesses with a more comprehensive environmental education program that is linked with
municipal and county stormwater duality management issues.

The general objectives of the regional public education/awareness and Communication
program are as.follows:
I- To comply with and cover topics for public education and awareness brought forth in the
parties' respective NP:DES Stormwater Discharge Permits;
2- To effectively communicate the stormwater / environmental / water cluality messages to
targeted segments of the Piedmont Triad citizenry;
3- To create appropriate partnerships with local governments and businesses to achieve regional
public education and awareness goals;
4- To empower and enroll the participation of citizens and businesses in the process of
protecting surface waters and the regional water supply through helping ensure the quality of
receiving streams by minimizing the pollutants associated with stormwater runoff.
ARTICLE III
Duration
This Agreement shall be effective when executed by each party. This Agreement shall
continue in full force and effect for the term of five (5) years frorn the date of this Agreement
and shall automatically renew thereafter for two successive five (5) year terms, unless notice of
non -renewal is given by any party sixty (60) days in advance of the applicable renewal date,
ARTICLE IV
Responsibilities of Parties
The parties initially shall be responsible for the educational program components such as
brochures, watershed signs, television ads, or other components, and funds that may be amended
from year to year and attached to this Agreement and identified as "Exhibit A,"
The parties shall strive to coordinate their efforts in the production of brochures, signs,
television ads, and/or other educational program components in promoting good regional
stormwater management and watershed protection practices.
ARTICLE V
Personnel
Each party shall appoint or contract with the necessary personnel for performing its
obligations under this Agreement. The personnel, and/or independent contractors, if any, shrill be
responsible for the organization, planning and implementation of the educational programs and
products contemplated hereunder,
ARTICLE VI
Financing
The budget for the Piedmont Triad Water Quality Partnership program shall be formed
and agreed upon by the parties or a committee made up of representatives appointed by the
parties. The committee shall approve application of all funds contributed hereunder.

All costs of opening, operating and closing of the educational programs and products
contemplated hereunder shall be paid from the funds contributed by the parties, The parties shall
pay all required funds no later than July 30th of each year. Any funds remaining at the end of a
budget year shall be carried over into the next year's program budget, As provided by law, this
agreement is subject to annual appropriation.
Initial funding participation is required to join the Piedmont Triad Water Quality
Partnership agreement. Parties are not obligated to provide additional funding in subsequent
years if they choose not to receive new or additional programs and/or products in the subsequent
years. However, respective parties who do not participate in funding for three or more
consecutive years may be removed .from the partnership at the discretion of a simple majority of
the "Piedmont Triad Water Quality Partnership Committee,"
ARTICLE VII
Piedmont Triad Water Quality Partnership Committee
The "Piedmont Triad Water Quality Partnership Committee" is hereby established for the
purpose of effectuating the provisions of this Agreement.
A. Duties of the Committee. The Committee shall perform the following duties:
I . Meet no less than quarterly at the offices of PTRWA or other location as established by
the Committee;
2. Resolve any conflicts in the types of educational materials to be produced as proposed;
3. Review and approve the television ads and any other materials, if applicable;
d. Resolve any dispute as to the appropriateness of any educational program with regard to
stormwater management and watershed protection;
5. Organize, plan and implement the regional educational programs, brochures, and develop
a comprehensive program of stormwater education, an example of which is attached as
".Exhibit A" to this agreement;
G. 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;
8. Decide upon the educational program components to be used for each fiscal year, and
summarize in a revised "Exhibit A" 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.
B. Composition of the Committee. The PTRWA, counties, cities, villages, and towns through
their manager, executive director or governing board shall each appoint one representative who,
along with a representative of any local government joining in the execution of this or a similar
agreement, shall constitute the "Piedmont Triad Water Quality Partnership Committee." Such
Committee shall, during the term of this Agreement, review and oversee the operation of the

services to assure that the provisions of this Agreement are fully complied with. .Each
representative to the Committee shall have a voice and a vote on the Committee.
The "Piedmont Triad Water Quality Partnership Committee" shall be composed of the
following individuals:
Entity .13oard
PTRWA
Forsyth County
Guilford County
Randolph County
City of Higb Point
Town of Jamestown
City of Randleman
City of Archdale
Town ofKernersville
City of Greensboro
City of Winston-Salem
Town of Walkertown
Town of Lewisville
Village of Clcmmons
'town of Rural Tull
Ant}oirttce
Executive Director/Board Member/or Designee
County Manager/Board Member/or Designee
County Manager/Board Member/or Designee
County Manager/Board Member/or.Designee
City Manager/Board Member/or Designee
Town Manager/Council Member/or Designee
City Manager/Council Member/or Designee
City Manager/Board Member/or Designee.
'town Manager/Council Member/or Designee
City ManagerlCounciI Member/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/13oard Member/ or Designee
The initial members of the Committee shall serve 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 member 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.
'.I'he Committee shall elect a chair, vice -chair, and secretary, and shall adopt by-laws and
rules governing its procedures.
C. Iliterrelationshinof Committee and 'Pal ties to this _Agreement. 'Through their duly
authorized and empowered officials and representatives, the entities represented on the
Committee shall consult and cooperate with each other in all respects regarding the educational
services, programs, and products to be provided so that all parties shall at all times be frilly
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.
ll. Tune[ Integrity. The Committee established hereunder shall account for revenues and
expenditures hereunder and shall include any and all funds set aside or maintained by the parties
hereto for the current and fixture operation of the Piedmont Triad Water Quality Partnership. The
Piedmont Triad Water Quality Partnership Fund shall be maintained as a discrete and separate
fiord, segregated from any other funds or accounts maintained by the parties. The Fund shall be
established and administered within the City of Greensboro.

ARTICLE VHI
Representations and Warranties ol'the Parties
The counties, cities, villages, and towns each represent, warrant, and agree as follows:
A. Approval and Authorization: Each said entity has full power and authority to enter
into this Agreement and to fully perform all of its duties and obligations hereunder pursuant to
various enabling sections of the North Carolina General Statutes. The governing board for each
said entity has duly authorized the execution and delivery of this Agreement and the performance
of all of its duties and obligations contained herein. This Agreement constitutes a valid and
legally binding obligation of each said entity enforceable in accordance with its terms, subject to
any state or federal regulatory approval which may be. required pursuant to applicable statute.
B. No Litigation: There is no action, suit, or proceeding pending or, to the best of each
entity's knowledge and belief, threatened against or affecting said entity, at law or in equity or
before or by any Federal, State, municipal or other governmental department, commission,
board, bureau, agency or instrumentality wherein any decision, ruling or finding would adversely
affect the transactions contemplated herein.
ARTICLE IX
No Agency or Joint Enterprise
The parties to this Agreement recognize and agree that no agency, joint enterprise or joint
ownership of real or personal property is created by this Agreement and that no party shall be
responsible in any manner for the legal liability or financial responsibility of the other, or of any
other municipalities or other party entering into a similar agreement with the parties,
ARTICLE X
Amendment
This Agreement may not be modified or amended except by a subsequent written
agreement authorized by the governing bodies of each party and signed by authorized
representatives of each party.
ARTICLE XI
Termination
This Agreement may be terminated upon mutual consent of the parties, by any party upon
90 days written notice to the other parties, or by court order upon the finding that there has been
such a substantial breach of this Agreement by the non -complaining party so as to entitle the
complaining party to be relieved of its obligations under this Agreement,

ARTICLE XH
Entire Agreement
This instrument contains the entire agreement between the parties, and no statement, oral
or written, made by either party or agent of either party that is not contained in this written
Agreement shall be valid or binding.
ARTICLE XIII
Default
A default of this Agreement shall mean a material failure to comply with any of tiie
material provisions of this Agreement.
ARTICLE XIV
Remedies ]?or- Default
This Agreement shall be enforceable by each party hereto by all remedies available at law
or in equity, including but not limited to specific performance. failure or delay to exercise any
right, remedy or privilege hereunder shall riot operate as a waiver of such right, remedy or
privilege nor prevent subsequent enforcement thereof.
ARTICLE XV
Notices
All notices and other communications under this Agreement shall be in writing and shall
be deemed to have been given on the date of actual delivery of mail, registered or certified,
return receipt requested, postage prepaid, to the party at the addresses provided by each:
To the 11TRWA:
To the COUNTY:
To the TOWN -
TO the CITY:
TO the VILLAGE:
Executive Director or his designee
County Manager or his designee
Town Manager or his designee
City Manager or his designee
Village Manager or his designee
Any party may change the address to which all notices shall be sent by addressing a
notice of such change in the manner provided in this article to all other parties.
ARTWIAF, XVI
Duplicate Originals
This Agreement shall be executed by the parties hereto in duplicate originals, each of
which, when executed, shall constitute one and the same Agreement.

ARTICLE X V 17
Governing Law
This Agreement shall be governed in accordance with the law of the great State of North
Carolina.

Exhibit A - Stormwatcr Education Costs, FY 04-05
Member
BEP
Forsyth
$5000
Guilford
$5000
Randolph
_
$5000
High Point
$3000
Jamestown
$1500
Randleman
$1500
Archdale
$1500
_
Kernersville
$1500
Greensboro
$7500
Winston-Salem
$7500
PTRWA
$500
Rural Hall
$1500
Clemmons
$1500
Walkertown
$1500
Lewisville
$1500
Total:
$45,500
BEP (Best Education Practice) - Website, Carolina Yards & Neighborhoods,
existing brochure translation

ATTEST:
City Clerk
(SEAL)
VILLAGE OF CLEMMONS
City Mana
This instrument has been preaudited in the manner required by the Local Government Budget
and l<iscal Control Act.
1 1, _ Lh
Finance Director

Cit Clerk
(SEAL)
Approved as to form and legality:
(c4itvyttomey ci
TOWN OF RLR HALL
U
ity lv�anager
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
inance Directok-
13

TOWN OF WALKI3RTOWN
A`i"l�t:ST:
L104u-,
Cit. Clerk tt. City Mana er
(SEAL)
�Ty
Approved as to form and legalic,�►xo��
ty.
ity Alorney
This instrument a been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
Fin nce Director
THIIS DISBURSEMENT HAS BEEN
APPROVED AS REQUIRED BY
THE LOCAL GOVERNMENT BUDGET
AND FISCAL CONTROL ACT

® Ordinance Number 2009-05
VILLAGE OlA CLEMMONS
ILLICIT DISCHARGE AND ILLICIT CONNECTION ORDINANCE
BE IT ORDAINED by the Village Council of the Village of Clemmons, North
Carolina at its regular meeting on the 26"' day of May, 2009 that the following Illicit
Discharge Ordinance be adopted:
(A) Purpose/intent
The purpose of this ordinance is to provide for the health, safety, and general welfare of
the citizens of the Village of Clemmons through the regulation of non-stormwater
discharges to the storm drainage system to the maximum extent practicable as required
by federal and state law. This ordinance establishes methods for controlling the
introduction of pollutants into the municipal separate storm sewer system (MS4) in order
to comply with requirements of the Village's National Pollutant Discharge Elimination
System (NPDES) permit. The objectives of this ordinance are:
(1) To enforce the Village's Stormwater Quality Management Program;
(2) To reduce or prevent pollutants in the MS4 to the maximum extent
practicable;
(3) To prohibit Illicit Connections and Discharges to the MS4;
(4) To prevent improper disposal of materials that degrade water quality; and
e (5) To authorize all inspections, surveillance and monitoring procedures necessary
to ensure compliance with this ordinance.
(B) Definitions
For the purposes of this ordinance, the following shall mean:
Best Management Practices (BMPs). There are two major categories of BMPs: structural
and non-structural. Structural BMPs refer to physical structures designed to remove
pollutants from stormwater runoff, reduce downstream erosion, provide flood control,
and/or promote groundwater recharge. Structural BMPs may be mandated as a condition
of site development. Non-structural BMPs are typically passive or programmatic and
tend to be source control or pollution prevention measures that reduce pollution in runoff
by reducing the opportunity for stormwater runoff to be exposed to pollutants. Non-
structural BMPs are encouraged on all properties and should be implemented wherever
feasible, however non-structural BMPs are typically not mandated as a condition of site
development.
Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.),
and any subsequent amendments thereto.
Construction Activity. Activities subject to NPDES Construction Permits. These include
construction projects resulting in land disturbance of one acre or more. Such activities
include but are not limited to clearing and grubbing, grading, excavating, and demolition.
Facility. Any land use including, but not limited to: commercial, industrial, and
. residential land uses, and any other source including, but not limited to: motor vehicles
Page 1 of 1 I

and rolling stock that directly or indirectly contribute, cause, or permit the contribution of
Sany discharge, illicit or otherwise, to the MS4.
Hazardous Materials. Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present or potential
hazard to human health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Illegal. or Illicit Discharge. Any direct or indirect non-stormwater discharge to the storm
drain system, except as exempted elsewhere in this ordinance.
Illicit Connections. An illicit connection is defined as either of the following:
• Any drain or conveyance, whether on the surface or subsurface that allows an
illegal discharge to enter the storm drain system including but not limited to any
conveyances that allow any non-stormwater discharge including sewage, process
wastewater, and wash water to enter the storm drain system and any connections
to the storm drain system from indoor drains and sinks, regardless of whether said
drain or connection had been previously allowed, permitted, or approved by an
authorized enforcement agency or,
• Any drain or conveyance connected from a commercial or industrial land use to
the storm drain system that has not been documented in plans, maps, or equivalent
records and approved by an authorized enforcement agency.
Industrial Activity. Activities subject to NPDIS Industrial Stormwater Permits as defined
• in 40 CFR, Section 122.26 (b)(14).
Municipal Separate Storm Sewer System ( S4). The system of conveyances (including
sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by the Village of
Clemmons and designed or used for collecting or conveying stormwater, and that is not
used for collecting or conveying sewage.
National Pollutant Discharge Elimination System NPDIS) Stormwater Discharge
Permit. Means a permit issued by FPA (or by a State under authority delegated pursuant
to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United
States, whether the permit is applicable on an individual, group, or general area -wide
basis.
Non -Commercial Car Washing-. Any occasional automotive washing performed by
individuals or groups without charging any fee or in exchange for a charitable donation.
This shall include, but is not limited to, car washes performed by local church groups,
school groups, athletic teams, youth organizations, and individuals at their place of
residence.
Non-Stormwater Discharge. Any discharge to the storm drain system that is not
composed entirely of stormwater.
Person. Any individual, association, organization, partnership, firm, corporation or other
entity recognized by law and acting as either the owner or as the owner's agent.
01
Page 2 of I I

Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but
® are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-
hazardous liquid wastes, solid wastes, animal wastes, and yard wastes (including grass
clippings and leaves); refuse, rubbish, garbage, litter, or other discarded or abandoned
objects and accumulations, so that same may cause or contribute to pollution; floatables;
pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage
(including flushing of sanitary sewer lines and equipment), fecal coliform, and
pathogens; dissolved and particulate metals; wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
Premises. Any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
Storm Drainage System. Facilities by which stormwater is collected and/or conveyed,
including but not limited to any roads with drainage systems, municipal streets, gutters,
curbs, inlets, piped storm drains, pumping facilities, retention and detention basins,
natural and human -made or altered drainage channels, reservoirs, and other drainage
structures.
Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any
form of natural precipitation, and resulting from such precipitation.
Stormwater Administrator: The Village employee hired by the Village Manager to
manage the Village's Stormwater Programs.
Stormwater Conve Lance System. The stormwater conveyance system is a network of
• linear and point structures designed to collect, receive, convey, and otherwise manage the
controlled movement of Stormwater runoff on and from the development site. The
stormwater conveyance system can consist of numerous types of manmade structures and
devices and natural conveyances including, but not limited to, swales, ditches, channels,
pipes, culverts, tiles, curb inlets, yard inlets, drop inlets, junction boxes, manholes,
outfalls, etc.
Stormwater Management Plan. A document which describes the Best Management
Practices and activities to be implemented by a Person or business to identify sources of'
pollution or contamination at a site and the actions to eliminate or reduce pollutant
discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to
the Maximum l:�,xtent Practicable.
Stormwater Management S stem. The stormwater management system consists of all
conveyances and structures (13MPs) that are constructed on a development site for the
purposes of managing stormwater runoff by collecting, conveying, controlling, storing,
detaining, retaining, infiltrating, filtering, and otherwise mitigating the negative impacts
that stormwater has on the natural environment.
User. Any Person who owns real property on which a Facility is owned.
Wastewater. Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
• Watershed Review Board. The Village of' Clemmons Zoning Board of Adjustment shall
serve as the Watershed Review Board.
Page 3 of I I

(C) Jurisdiction And Scope Of Authority.
The Illicit Discharge and Illicit Connection Ordinance, hereinafter the Ordinance, shall
apply to all Facilities within the Village limits. All Users whose Facility is subject to this
ordinance, regardless of whether the User's Facility is managed or operated by another
person, shall comply with this ordinance as well as any permits, enforcement actions or
orders issued hereunder. The Stormwater Administrator shall administer, implement, and
enforce the provisions of this ordinance. Any powers granted or imposed on the
Stormwater Administrator may be delegated by the Stormwater Administrator to other
designated personnel as may be necessary. Nothing in this ordinance shall be interpreted
to impose an obligation on the Village to construct, maintain, repair or operate a Storm
Drainage System, or any part thereof, located on another person's property.
(D) Abrogation.
This ordinance is not intended to repeal, abrogate, annul, impair, or interfere with any
existing agreements, covenants, rules, regulations or permits previously adopted or
issued. However, if any provisions or requirements of this ordinance conflict with any
existing regulations or ordinances, the more restrictive provisions shall apply.
(E) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring or pumping of
any liquid, solid, gas or other substance, including but not limited to fuel, oil, antifreeze,
chemicals, soaps, animal waste, paints, garbage or litter, other than stormwater, in such
manner and amount, directly or indirectly, so that the substance either does or is likely to
O reach any stormwater conveyance, waters of the State or lands within the Village, except
as provided in section (F) of this ordinance.
(F) Allowable Discharges
Non-stormwater discharges associated with the following activities are allowed and
provided that they do not significantly impact water quality:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR
35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(1 1) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(I5) Non-commercial car washing;
(16) Flows from riparian habitats and wetlands;
Page 4 of I I

(17)
De -chlorinated swimming pool discharges (free and total chlorine less
than I ppm);
(18)
Firefighting discharge;
(19)
Dyes (that are both bio-degradable and non -toxic) normally used to
identify and trace underground pipe networks, but only i f the User has
notified the Stormwater Administrator at least twenty-four hours prior to
the time of the test;
(20)
Street wash water (Note: prior to street washing, excess mud, sediment,
debris, and other pollutants shall be removed to prohibit such from
entering the drainage system);
(21)
Any other non-stormwater discharge permitted under an NPDES permit,
waiver, or waste discharge order issued to the User and administered
under the authority of the EPA, or DWQ, provided that the User is in full
compliance with all requirements of the permit, waiver, or order and other
applicable laws and regulations. Discharges specified in writing by the
Stormwater Administrator as being necessary to protect public health and
safety or discharges that have been filtered through an approved
pretreatment system that consistently demonstrate no discharge of
pollutants.
(G) Illicit Connections
(1) Connections to a stormwater conveyance system that allow or potentially
allow the discharge of non-stormwater, other than the exclusions described in
subsection (h) above, are unlawful. Prohibited connections include, but are not
limited to: floor drains, domestic and commercial washing machines, commercial
vehicle washing or steam cleaning, septic systems and sanitary sewers.
(2) Where such connections exist in violation of this section and said
connections were made prior to the adoption of this provision or any other
ordinance prohibiting such connections, the property owner or the Person using
said connection shall remove the connection within one year flollowing the
effective date of this ordinance. However, the one-year grace period shall not
apply to connections which may result in the discharge of hazardous materials or
other discharges which pose an immediate threat to health and safety, or are likely
to result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat.
(3) Where it is determined that said 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 in violation of any applicable regulation or ordinance, other
than this section;
Page 5 of l l

the Village Stormwater Administrator shall designate the time within which the
iconnection shall be removed. In setting the time limit for compliance; the Village
Stormwater Administrator shall take into consideration:
(a) the quantity and complexity of the work,
(b) the consequences of delay,
(c) the potential harm to the environment, to the public health, and to
public and private property, and
(d) the cost of remedying the damage.
(4) When necessary to stop an actual or threatened discharge that is
imminently dangerous or prejudicial to the public's health or safety, the
Stormwater Administrator may, without prior notice, order that a User's access to
the MS4 be suspended. If the violator fails to comply with this suspension order,
the Stormwater Administrator may take such steps as deemed necessary to
remove, abate or remedy the actual or threatened discharge. The User shall
reimburse the Village the full cost of such removal, abatement or remedy
according to the terms of section (J)(3). The User may appeal the Stormwater
Administrator's decision pursuant to section (K), but the User may not reconnect
to the MS4 without prior written approval of the Village Manager.
(H) Spills
Spills or leaks of polluting substances released, discharged to, or having the potential to
be released or discharged to the stormwater conveyance system, shall be contained,
controlled, collected, and properly disposed. All affected areas shall be restored to their
preexisting condition.
In the event of a known or suspected illicit discharge of hazardous materials into the
MS4, the User shall immediately notify emergency response agencies of the occurrence
via emergency dispatch services. In the event of a non -hazardous illicit discharge, the
User shall notify the Stormwater Administrator in person or by phone or facsimile no
later than the next business day. Notifications in person or by phone shall be confirmed
by written notice addressed and mailed to the Village of Clemmons Stormwater
Administrator within three business days of the phone notice. If an illicit discharge
emanates from a commercial or industrial land use, the User shall also retain an on -site
written record of the discharge and the actions taken to prevent its recurrence. Such
records shall be retained for at least three years.
(1) Right -Of -Entry
(1) The Village Stormwater Administrator or designee shall have
right -of -entry on or upon the property of any Person subject to this ordinance and
any permit/document issued hereunder. `rhe Village Stormwater Administrator or
designee shall be provided ready access to all parts of the premises for the
purposes of inspection, monitoring., sampling, inventory, records examination and
copying, and the performance of any other duties necessary to determine
compliance with this ordinance.
(2) Where a Person has security measures in force which require proper
identification and clearance before entry into its premises, the Person shall make
Page 6 of I.1

necessary arrangements with its security guards so that, upon presentation of
suitable identification, the Village Stormwater Administrator or designee will be
permitted to enter without delay for the purposes of performing specific
responsibilities.
(3) The Village Stormwater Administrator or designee shall have the right to
set up on the Person's property such devices as are necessary to conduct sampling
and/or metering of the Person's operations.
(4) Any temporary or permanent obstruction to safe and easy access to the
areas to be inspected and/or monitored shall be removed promptly by the Person
at the written or verbal request of the Village Stormwater Administrator or
designee. The costs of clearing such access shall be borne by the Person.
(S) The Village Stormwater Administrator or designee may inspect the
facilities of any User in order to ensure compliance with the ordinance. Such
inspection shall be made with the consent of the owner, manager, or signatory
official. If such consent is refused the Village Stormwater Administrator or
designee may seek issuance of an administrative search warrant.
(.>) Enforcement
(1) Notice of Violation.
Whenever the Village finds that a User has violated this ordinance, the
Village shall notify the User, in writing by registered or certified mail, personal
service or posting of said notice at the ]facility where the alleged violation
occurred, that the User shall perform any or all of the following:
is (a) Install equipment or perform testing necessary to monitor, analyze and
report of the condition of the User's storm drainage system;
(b) Eliminate illicit connections or discharges,
(c) Cease and desist all violating discharges, practices or operations;
(d) Abate or remedy the stormwater pollution or contamination hazards
and restore any affected property;
(e) Pay a civil penalty;
(f) Implement source control or treatment BMP(s).
If abatement of a violation and/or restoration of -affected property are required, the
notice shal I set Forth a deadline within which such remediation or restoration must
be completed. Said notice shall further advise that, should the User fail to meet
the deadline, then representatives of the Village shall enter upon the facility and
are authorized to take any and all measures necessary to abate the violation and/or
restore the facility and the expense thereof shall be charged to the User and
collected pursuant to subsection (3) below. Refusal to accept the notice shall not
relieve the User of the obligation set forth herein.
(2) Civil Penalties.
(a) Illicit Discharges, Any User or other Person, including but not limited
to, a designer, contractor, agent, or engineer, who allows, acts,
participates in, assists, or directs an Illicit Discharge, either directly or
indirectly, shall be subject to civil penalties as follows:
Page 7ofII

i. Yard waste and household products less than 5 gallons (volume
® based on best judgment of the Village representative): I -first
time offenders who discharge into the MS4 yard waste or 5
gallons or less of domestic or household products, where the
quantity actually discharged is considered ordinary for
household purposes shall be assessed a Category I civil
penalty in the amount set forth in the schedule of civil
penalties. Each day's continuing violation shall constitute a
separate and distinct offense for the purpose of assessing a civil
penalty.
ii. Household products greater than 5 gallons, non -household
products and unknown volume and nature: First time offenders
who discharge into the MS4 more than 5 gallons of domestic or
household products, who discharge substances generally not
used in a home, including but not limited to process waste
water, or who cannot provide clear and convincing evidence of
the volume and nature of the substance discharged, shall be
assess a Category 11 civil penalty. Each day's continuing
violation shall constitute a separate and distinct offense for the
purpose of assessing a civil penalty.
iii. Waste products and bulk sales: First time offenders who
discharge into the MS4 any substance that is a byproduct of a
commercial or industrial process or any substance that was
purchased at a bulk sales location shall be assess a Category 11
civil penalty. Each day's continuing violation shall constitute a
separate and distinct offense for the purpose of assessing a civil
penalty.
iv. Repeat offenders: A User who discharges into the MS4 in
violation of this ordinance more than once within a twelve
month period, shall be assessed a civil penalty at one category
level higher than the category assessed for a first time offender
of the substance discharged. Each day's continuing violation
shall constitute a separate and distinct offense for the purpose
of assessing a civil penalty.
(b) Illicit Connections. Any User or other Person, including but not
limited to a designer, contractor, agent, or engineer, who allows, acts,
participates in, assists, or directs the establishment of an Illicit
Connection, either directly or indirectly, shall be subject to civil
penalties as follows:
i. First time offenders shall be assessed a Category 11 civil
penalty in an amount set forth in the schedule of eivil penalties.
I'ach day's continuing violation shall constitute a separate and
distinct offense for the purpose of assessing a civil penalty.
ii. A User or Person who is found to have violated subsection (b)
i. more than once within a twelve month period shall be
• assessed a Category III civil penalty in an amount set forth in
Page 8 o f I I

the schedule of civil penalties. I-ach day's continuing
• violation shall constitute a separate and distinct offense for the
purpose of assessing a civil penalty.
(c) In the event the Village is fined by the State or Federal governments
resulting from an Illicit Discharge or Connection made by a User or
other Person, the User or other Person at fault shall reimburse the
Village for the full amount of the civil penalty assessed by the State
and/or Federal governments as well as for the abatement costs incurred
by the Village during the investigation and restoration process
pursuant to subsection (3) below.
(d) Civil penalties collected pursuant to this ordinance shall be credited to
the Village of Clemmons Stormwater Fund.
(e) Schedule of Penalties: The following civil penalties shall be imposed,
up to the amount shown for each category, upon the User or Person
found to have violated this Ordinance.
i. Category 1: Civil Penalty to not exceed $100 per day per
violation.
ii. Category 11: Civil Penalty to not exceed $500 per day per
violation.
iii. Category III: Civil Penalty to not exceed $1,000 per day
per violation.
(1) Penalty Considerations. In determining the amount of the penalty, the
Stormwater Administrator or designee shall consider:
i. The degree and extent of harm to the environment, public
health and public and private property.
i1. The cost of remedying the damage.
in The duration of the violation.
iv. Whether or not the violation was willful.
v. The prior record of the Person responsible for the violation in
complying with this ordinance.
vi. The Village's enforcement costs and the amount of money
saved by the violator through his, her or its noncompliance.
(3) Recovery of Costs and Fines.
As authorized by N.C.G.S. § 1 b0A-193, the offender shall be liable to the
Village of Clemmons for the civil penalty, all costs incurred by the Village while
enforcing this ordinance, including but not limited to: abatement costs,
remedying the damage caused by the Illicit Discharge, restoring the Facility,
sampling, clean-up, the Village's administrative costs, costs of court, and costs of
litigation, to include reasonable attorney's lees. Within 30 days after the Village
has completed its abatement of the violation, restoration of the Facility and/or its
investigation and inspection, the violating User or Person will be notified of the
Village's total costs and the civil penalty, if any. The total amount due shall be
paid within 30 days of the date of notice. If the amount due is not paid within 30
days, the charges shall constitute a lien on the ,land or premises where the
nuisance occurred. A lien established pursuant to this subsection shall have the
• same priority and be collected as unpaid ad valorem taxes. "fhe total amount due
Page 9 of I I

is also a lien on any other real property owned by the User within the Village
limits, except for the Person's primary residence. A lien established pursuant to
this subsection is inferior to all prior liens and shall be collected as a money
judgment. The User may avoid the lien on any other real property owned by the
User within the Village limits only if the User can show that the accrual or
threatened discharge was created solely by another Person. In the event that the
User is able to pass the liability onto another Person, the other Person shall be
liable to the Village pursuant to this section.
(K) Appeals
(1) Any order, requirement, decision or determination made by the
Stormwater Administrator may be appealed to and decided by the Watershed
Review Board.
(2) An appeal from a decision of the Stormwater Administrator must be
submitted to the Watershed Review Board within thirty (30) days from the date
the order, interpretation, decision or determination is made. All appeals must be
made in writing stating the reasons for appeal. Following submission of an
appeal, the Stormwater Administrator shall transmit to the Watershed Review
Board all papers constituting the record upon which the action appealed from was
taken.
(3) An appeal stays all proceedings in furtherance of the action appealed,
unless the officer from whom the appeal is taken certifies to the Watershed
Review Board after the notice of appeal has been filed with him, that by reason of
• facts stated in the certificate, a stay would in his opinion cause imminent peril to
life or property. In such case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Watershed Review Board or by a
court of record on application of notice of the officer from whom the appeal is
taken and upon due cause shown.
(4) The Watershed Review Board shall fix a reasonable time for hearing the
appeal and give notice thereof to the parties and shall decide the same within a
reasonable time. At the hearing, any party may appear in person, by agent or by
attorney.
(L) Nuisance; Injunctive Relief
Illicit discharges and illicit connections which exist within the Village of Clemmons are
hereby found, deemed, and declared to be dangerous or prejudicial to the public health or
public safety and are found, deemed, and declared to be public nuisances.
It shall be unlawful for any person to violate any provision or fail to comply with any of
the requirements of this ordinance. If a person has violated or continues to violate the
provisions of this ordinance, the Village may petition for a preliminary or permanent
injunction restraining the person from activities which would create further violations or
compelling the person to perform abatement or remediation of the violation.
W , Adopted this 261h day of May, 2009.
Page 10 of 1 I

E.
•r
Page ! 1 of ! 1

Page I of 1
90.05 CONTROL OF DOG FECES.
(A) It shall be unlawful for the owner or custodian ofany dog to take it off the owner's own
property limits without the means to properly remove and dispose of the dog's feces from any public or
private property.
(I3) It is the responsibility ofa dog's owner or custodian to clean up the dog's feces from any public
or private property outside of the dog owner's own property limits. Such property includes, but is not
limited to, parks, rights -of -way, paths; and public access areas.
(C) `Means to properly remove and dispose of feces" shall consist of having on or near one's
person a device such as a plastic bag, or other suitable plastic or paper container, that can be used to
fully clean up and contain dog waste until it can be disposed of in an appropriate container. Such a
device must be shown, upon request, to anyone authorized to enforce this chapter.
(D) This provision shall not apply to handicapped persons assisted by trained guide or assistance
dolts.
(Ord. 2008-07, passed 8-11-08) Penalty_, see § 90.99
§ 90.99 PENALTY.
The penalties for violation of this chapter shall be as follows:
Is (A) First violation - $50;
•
(13) Second violation - $75;
(C) Third and subsequent violations - $100.
(Ord. 89-02, passed 4-17-89; Am, Ord. 91-6. passed 5-20-91)
http://www.amlegal.com/nxYgateway.dlllNorth%2OCaroiina/clemmons_ncltitleixgeneraire... 1 /22/2010

0 C-UDO-67
AN ORDINANCE AMENDING CHAPTER C of the Village of Clemmons Unified
Development Ordinance
Be it ordained by the Village Council of the Village of Clemmons, North Carolina, that the
Unified Development Ordinances is hereby amended as follows:
Section One. Chapter C-Environmental Ordinance, Article III Watershed Protection and Phase II
Stormwater quality Management Protection is hereby amended by
Chapter C-Environmental Ordinance
Article III -Watershed Protection and Phase tll Stormwater
Quality Management Protection
3-3 Development Regulations
3-3.6 Development Standards =
Applicability. The standards applicable to this section shall apply to all new development and
redevelopment projects within Clemmons that cumulatively disturbs one acre or more of land, including
projects less than one acre that are part of a larger common plan of development or sale, as well as non -
single family residential (NON-SFR) parcels less than one acre as noted in 'section 3-3.6.2(C) (3) and 3-
3.6.3(F)(3)
3-3.6.1 General Development Standards
(A) Permitted Uses
Permitted uses of the property In the Village of Clemmons shall only be those established under
the Clemmons Zoning Ordinance.
(B) Density and Built -upon Area Limitations
All development within the Clemmons municipal limits and Extra Territorial Jurisdiction (ETJ) (if
applicable) must meet the General Development Standards requirements under the following
stormwater management optidns.
(C) Stream Buffer Areas for Lots under One Acre
NON-SFR parcels less than one acre that are affected by the stream buffer areas as defined In 3-
3.6.2(C) and 3-3.6.3(F) have the option to provide alternative stormwater control practices that
provide Total Suspended Solid (TSS) removal as indicated in Table C.3-3.6.1.
NOTE: Items 10 be deleted arc indicated with a wikeout; items to be added are indicated with an n e c
C•UDO-67 Jan 2613

'Table C.3-3.6.1
Stream Buffer(s) Built Upon Area
Total Suspended Solids (TSS) Removal '
Requirement
NY —SO'
40% TSS
SO' — 75'
35% TSS
75, —1W
25% TSS
"The percentages shown above provide opportunities for a developer to use varied stormwater control
devices to help with TSS removal on NON-SFR parcel under an acre. The options allow for flexibility in
tde plan design. The stormwater control devices for TSS removal are provided in Chapter 4, Selecting the
Right OMP, Table 4-1 of the Stormwater BMP Manual. For example, for parceisthat are required to
remove 40% TSS shall have the following management facilities to choose from Bioretention,
Stormwater wetlands, Wet Detention basin, Sand Filter, Dry Extended Detention, Restored Riparian
Buffer, and infiltration Devices_
3-3.6.2 Loan Density Projects
(A) Low Density Developments
Projects shall be permitted as low density if the project contains no more than twenty-four
percent (24%) built -upon area or no more than two (2) dwelling units per acre.
(B) Stormwater runoff from the development shal I be transported from the development by
vegetated conveyances to the maximum extent practicable. On -site stormwater treatment
devices such as infiltration areas, bioretention areas, and level spreaders may also be used as
added control for stormwater runoff. A project with an overall density at or below the low -
density thresholds, but containing areas with a densitygreater than the overall project density,
may be considered low density as long as the project meets or exceeds the post -construction
model practices for low -density projects and locates the higher density i n upland areas and
away from surface waters and drainageways to the maximum extent practicable-
(C) Stream Buffer Areas
(1) All built -upon areas shall be at a minimum of thirty (30) feet landward of all perennial and
intermittent surface waters_ Areas shall be required to maintain a fifteen (15) foot undisturbed
stream buffer area landward of all perennial and intermittent surface waters. For the purpose of
this Ordinance, a surface water shall be present if the feature is approximately shown on either
the most recent version of the soil survey map prepared by the [Natural Resources Conservation
Service of the U.S. Department of Agriculture or the most recent version of the 1:24,000 scale
(7.5 minute) quadrangle topographic maps prepared by the US. Geologic Survey (USGS), or i s
determined by the Village of Clemmons or the Division to exist in the field. Relief from this
requirement may be allowed when surface waters are not present In accordance with the
provisions of 15A NCAC 020.0233(3)(a).
NOM I tam o be deked ate ed with a items to be added as "s ed vft t n m
GUDD 67 Jail 2013
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Table C.3-3.6.2
Low Density Development Stream Buffer Area Requirements
Stream Buffer Area Type
Water Supply Watershed
Class IV -Protected Area and
All other areas where stream
buffer areas apply
Built upon area
Thirty (30) Foot
Undisturbed Area
Fifteen (15) Foot
*Table C.3-3.6.2 provides a visual representation of the stream buffer areas in chart form as
defined in section C.3-3.6.2(C)(1). No changes have been made to the requirements listed
above.
(2) In addition, an exception to this requirement may be pursued in accordance with section 3-3.6.8
of this Ordinance.
(3) Unless otherwise exempted by items (1) and (2) above, stream buffer requirements shall apply
to all new development and redevelopment of non -single family residential (non-SFR) parcels
0 regardless of size, unless the parcel meets the requirements set forth In section 3-3.6.1(C)
3-3.6.3 High Density Developments
All projects exceeding the low density threshold established In 3-3.6.2 above; except those projects to
which section 3-3.6.1(c) applies, shall be permitted as high density if the project contains more than
twenty-four percent (24%) built -upon area or more than two (2) dwelling units per acre. At a minimum,
high density projects must meet the following design standards:
(A) Use structural stormwater management systems that will control and treat runoff from the first
one inch of rain.
(8) Draw down the treatment volume no faster than forty-eight (48) hours, but no slower than one
hundred twenty (120) hours.
(C) Discharge the storage volume at a rate equal to or less than the predevelopment discharge rate
for the one-year, 24-hour storm
(D) Remove eighty-five percent (85`Y) average annual amounts of Total Suspended Solids.
(E) Meet the General Engineering Design Criteria set out in accordance with 15A NCAC 02H.
1008(c). Additionally, for single family subdivision developments, the size of the system must, at
a minimum, account for built -out potential as described in Clemmons Stormwater
Administrative Policies and also be in compliance with 15A NCAC 02H. 1008(c).
NOTE: kerns to be deleted are indicated with a 61rit:eW, ilerns to be added are indicated with an undcrsoc I�
C-UiDO-67 !an 2013

(F) Stream Buffer Areas
(1) All built -upon areas shall be at a minimum of thirty (30) feet landward one hundred (100) feet
landward for areas located within the designated; public water supply watershed area) of all
perennial and intermittent surface waters. Areas located within the water supply watershed
shall be required to maintain a thirty (30) foot undisturbed stream buffer area landward of all
perennial and intermittent surface waters and all otter areas shall be required to maintain a
fifteen (15) foot undisturbed stream buffer area landward of all perennial and intermittent
surface waters. For the purpose of this Ordinance, a surface water shall be present if the feature
is approximately shown on either the most recent version of the soil survey map prepared by
t he Natural Resources Conservation Service of the U.S Department of Agriculture or the most
recent version of the 1:24,000 scale (75minute) quadrangle topographic maps prepared by the
US. Geologic Survey (USGS), or is determined by the Village of Clemmons or the Division to exist
in the field. Relief from this requirement may be apowed when surface waters are not present in
accordance with the provisions o€15A NCAC 02B .0233(3)(a).
Table C.3-3.6.3
High Density Development Stream Buffer Area Requirements
Stream Buffer Type
Water Supply Watershed
Outside the Water Supply
Class IV -Protected Area
Watershed Class IV -Protected
Area
Built Upon Area
One hundred (100) foot
Thirty (30) foot
Undisturbed Area
Thirty (30) foot
fteen (15) foot
=
*Table C.3-3.6.3(F) (1) provides a visual representation of the stream buffer areas in chart form
as defined in section C.3-3.6.2(C)(1). No changes have been made to the requirements listed
above.
(2) In addition, an exception to this requirement may be pursued in accordance with Section 3-3.6.8
of this Ordinance.
(3) Unless otherwise exempted by items (1) and (2) above, stream buffer requirements shall apply .
to all new development and redevelopment of non -single family residential (non-SFR) parcels
regardless of size unless the parcel meets the requirements set forth in section 3-3.6.1(C).
(G) impervious Coverage Limitation
Developments are limited to seventy percent (70%) built upon area on a project -by -project basis
for development located within the designated WS-IV watershed areas.
NOTE: licra b be deleted = Mkisrcd %irh a arila,": itenu W t e added an U dkcwd Kiih m
C-UD"7 ran 2013
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3-3.6.3.1 Paired-AyemRed `Density Development
description of the space to be undisturbed and limits on use shall be recorded or; the plat, in
homeowner covenants and on individual deeds and shall be irrevocable. Then sultant impervious
area for the two lots shall not exceed the original allowable impervious amount for each individual
lot If they were developed separately.
(1) A density averaging permit shall be considered on develop ment_reUuest.
(2) Overall imi ervious area/amount of the paired parcel averaged -density development, calculated
lay built -upon area shall not exceed the impervious that would be allowed if the parcels were
developed separate . The parcel pair shall be located In the same water supply watershed and
Preferably in the same drainage area of the watershed. Parcel pairs'may bye located in the
Critical Area and in the Protected Area. However If one of the parcels is located In the Critical
Area and one is located in the Protected Area, the Critical Area parcel shall not be developed
bond the inis amounts allowed in the critical area provi „ ns _
r E ........
pervtou _ provisions of the Zoning Ordinance.
A property in a more restricted watershed area shall not acquire impervious rights from a
roe in a less restricted area of the watershed. The purpose of this Provision is to preserve
open space in the more sensitive area of the watershed.
(3) The paired parcels may include or be 'developed for residential or non-residential.
(4) Buffers shall at least meet the apgrapriate minimum Village.of Clemmons water supply
watershed_ protection reguirements'on both ba"reels in the parcel pair.
(5) The portion of the parcel(s) which is not developed as part of the paired parcel, but that is being
.averaged in the land area being evaluated to meet the built-u)ion_surface area, shall remain in
an undisturbed natural state. A metes and bound description of the space to be' undisturbed
and limits on u5p_shall be recorded on the subdivision plat, in homeowner covenants, and on
individual deed and shall be irrevocable. The resultant im eMous area amount for the two lots
combined shall not exceed the original allowable impervious amount for each individual lot if
they_were developed separately. It shall be noted on the plat that the Zoning Administrator
shall reserve the right to make periodic Inspections to ensure compliance.
(6) A Density -Averaging Permit shall_ be obtained from the Board of Adiustment to ensure that both
parcels considered together meet the standards of the ordinance and that potential owner(s)
have record of how the watershed regulations were applied to the parcel pair. Only the
owner(s) of both of the paired parcels may submit the application for the Density Averaging
0 Permit,6 site plan for both of the parcels must be submitted and approved as part of the
Density Averaging Permit. if such a permit is granted, no change in the development proposal
NOTE. lams to be deleted are indicated with a Mfikeeat; items to be added are indicated wish an underscorc
C-UDo-67 Jan 2013

authorized for either parcel shall be made uNess the permit is amended. Upon issuance of
such permit, one copy wail be forwarded to the North Carolina Division of Water Quality {DVIQ1
included with the Density Averaeim€ Permit will be a site plan, roistered piats far both
Properties, a description of bath properties, and documentation reflecting the development
restrictions to the parcel pair that will remain undeveloped.
(7) The Board of Adiustments shall Egakg written findings Ampoorted im apilrogriate calculations and
documentation that thepaired Parcel averaged -density development plan as a whole oonfonms
to the intent and requirements of this Artide avid Section, and that the proposed agreement
assures protection of the public Interest-
(8) The undisturbed land area shall be recorded In the deed for the parcel to which it applies_ The
- — — - h the parcel
Denst�AveraAinR Certificate s all be recorded in the deed for each of the panels in ,
pair. Both the designated land area and the certificate shall be noted an the plat that applies to
each of the parcels.
(9) Stormwater runoff from paired parcel averaged development whkh meets the low -density
option development requirements shall be controlled by vegetative mnyevances to the
maximum extent practicable and shall be approved by the Village of Clemmons Stormwater
Department
(1U)Paired parcel stormwater runoff shall be controlled on the parcel f s) where the hilth-density V
development is occurring in accordance with criteria specified in the Village of Clemmons
Stormwater Ordinance for high -density development.
(11)No parcel for which a watershed variance has been granted, or would be required, may be
induded as part of a Parcel inir.
(12)Compliance with criteria above shall be evidence that the parcel pair is consistent with the
orderly and planned distribution of development throughout the watershed.
Adopted this the 22"6 day of Ap ril`2013.
Attest:
Marsha E. Sucharski, CMC, NCCMC, Village Clerk
?OM Imm to be ddcwd rro iadxctod with a 9u01mvi; items to be added are a d'cmd with mi
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Clemmons, NC Unified Development Code
Page 1 of., 10
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 of high -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 stormwa[er 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;
(21 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 R,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
(C-UDO-58, § 2, 5-9-11)
• 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 8.3-4,2(A)(i)—(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 6.3-2.14
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
13.3-4.2.1(A)(6).
(9) 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 shalt 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 he valid until the work is completed in accordance with the permit. The security shall be forfeited upon violation of this section and shall he 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 motorvehicle 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,
(GI 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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Clemmons, NC Unified Development Code Page 2 oN a
Planting and Maintenance Standards ...... The use of American National Standards Instlcute (ANSI)A300 standards shall be required for the planting and
maintenance of all required landscaping. Please review the village of Clemmons Planting Manual(reserved) for 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 heath. 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 8.3.4.2(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 cr 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 Tree(s)
Removed or
Damaged (per tree)
Maximum Civil
Penalty
(2" Caliper Maximum)
6-9 inches
$800.00
1 tree
9.01-12 inches
12.01-24 inches
24.01-36 inches
$1,600.00
$2,400.00
2 trees
3 trees
4 trees
$3,200.00
36.01 + inches
$4,000.00
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...... in the occurrence of a natural event which destroys a required tree save area, the owner or lessee shall have one hundred
elghty(180) days to replant. Replaced plant material must be in compliance with the minimum size, spacing and quantity standards of this section.
(1) Combining Landscaping, Tree Preservation, Planting Area and Buffer -yard 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 83.5 or this section shall be the required planting area.
Q) 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:.....Smail 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-fve (351 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 Imes 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.
(C-UDO-58, § 2, 5-9-11)
3-4.2.1 TREE PRESERVATION AND PLANTING STANDARDS
(A) Tree preservation and planting standards of this section are applicabie 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 ofthis Ordinance:
(i) Development sites located in areas zoned CB, Cl, sites zoned P8 in Growth Management Area (GMA) 1, and all sites in GMAJ
(ii) Individual residential lots platted prior to the adoption of this Ordinance;
(Ili) Minor subdivisions;
((v) Redevelopment of sites zoned PB, G8, MU-5, and C which demonstrate a pedestrian -oriented urban form in accordance with Section B.2-1.3111,
Redevelopment of sites zoned PB, GB, MU-5, 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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Clemmons, NC Unified Development Code
Page 3of10
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
requlrements 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 8.3-4.10) 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 8.3-4.10(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 shall 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 Tree(s) TSA Credit
(DBH) (square footage)
6-9 inches 500
9.01--12inches 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 ...... in selecting which existing tree stands/individual trees are to be designated as tree save areas, the developer sha€I give due
consideration to building, parking lot, driveway, street and utility location(s) as they relate to the practicality of preservation and recommended use the following
tree preservation priority list shall be considered:
. (a) Existing standslindividual trees of mature hardwoods as highest priority then;
lb) Existing standslindividual trees of younger hardwoods then;
(c) Existing standslindividual 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 standslindividual 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 ...... If 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 . ..... If 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 Tree Save Area Required to Include
0--55,000 square feet Ten percent (10%) of lot area.
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55,001 square feet-5 acres Eleven percent (11 %) of lot area.
5.01-10 acres Twelve percent (12%) of lot area.
SGreater than 10 acres _ Fourteen percent (14%) of lot area.—��
15) 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 Roo[ 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 [he 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 andlor replant the difference in percentages per Table B•3.12:
1. Land Dedication ...... Land dedicated to the Village of Clemmons may be 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 6.3-4.2.1(A)(3)(b) may be approved where existing trees meeting the requirements of Section 0.3-4.2.1(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.
(C-uDO-58, § 2, 5-9-11)
3-4.3 MOTOR VEHICLE SURFACE AREA LANDSCAPING STANDARDS
(A) GeneraS 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 ...... Stree.yard width may be 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 positiored 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 may be 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 IWO) 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 (5) 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 [wenty(20) to seventy-five (75) feet apart. Existing deciduous trees located in the
abutting street right-of-way may he used to satisfy the distribution requirement in this section. Small or medium variety trees may be used where overhead utility
lines exist in accordance with Section B.3-41C).
(4) Other Streetyard Components ...... In 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
O 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 (19) inches, edge to edge. No more than thirty percent (30%) of streetyard shrubs shall be deciduous.
(b) Fences and walls......A streetyard fence or wall shot{ 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 (35) 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......in the CB and Cl 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) PS District ...... In the PB Districtwithin GMA 1, a minimum two (2) foot wide strip planted with trees and shrubs in accordance with this section shall oe provided.
Any required or provided trees within the streetyard shall be located within a minimum seven (7) foot wide, fifty (5D) 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:
ll) Location of Plantings......Interier 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 8.3-4,3(6)(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 (9) 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 may be used
where overhead utility lines exist in accordance with Section 63-4.20) 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 B3-4.2(I).
(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 may be 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 B3-5.3(e) and the distance
requirements of Section 8.3-4.3(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 may be 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 6.7 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, 4 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 may be 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 displdy areas shall comply with the general landscaping requirements of Section D.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 (19) inches,
and shall reach a minimum height of thirty (30) inches within three (3) years after installation.
(2) Fences and Walls......Closed fences or walls shall be installed at a minimum height of thirty 130) 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 (75) 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.
(3) 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 maybe used to screen an outdoor storage area. The fence or wall shall beat 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
6.3-4.10.]
(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 douhle-row configuration, staggered, with five (5) foot spacing between the centers cf the main trunks.
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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 heing screened.
(2) Fences or walls...... Fences or walls shag 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 utilitywho 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(8). 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.....Everyowner of any tree overhanging any street or rig ht-of-waywith in 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-
S 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.
IF) 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.
(C-UDo-58, § 2, 5-9-11)
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 (1C) 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
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Alnus glutinosa (Pyramidalis)
Taxodium distichum (Monarch of Illinois, Shawnee Brave)
Celtis laevigata
Acer leucaderme
Acer x freemanii (Armstrong, Autumn Blaze, Celebration, Scarlet
Sentinel)
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Green Mountain Sugar Maple
Acer saccharum "Green Mountain"
Hedge Maple - Y _
Southern Sugar Maple
Trident Maple
Bur Oak
_ _- Acer campestre —_
Acer E3arbatum
Acer buergeranum
Quercus macrocarpa
Sawtooth Oak
Shingle Oak
Swamp White Oak
Quercus acutissima
Quercus imbricaria
Quercus bicolor
Northern Red Oak
Quercus rubra
•
Nutall Oak
Quercus nutalli
Overcup Oak
Green Ash
Kentucky Coffeetree
Japanese Pagodatree
Quercus lyrata
Fraxinus pennsylvanica (Marshall Seedless, Newport, Patmore,
Summit,Lakeview)
Gymnocladus dioicus
Sophora japonica (PrincetonUpright, Regent)
Silver linden
Hybrid Elm
Willow Oak
Sugar Maple
Tilia tomentosa (Green Mountain, Sterling)
Ulmus spp. (Homestead, Pioneer, Urban)
Quercus phellos
Acer saccharum
Red Maple
Acer rubrum (Autumn Flame, Bowhall, Karpick, Northwood,October
Glory, Red Skin, Red Sunset)
Scarlet Oak
Quercus coccinea
Southern Magnolia
Magnolia grandiflora
London Plane -tree
Platanus acerifolia (8loodgood,Colombia, Liberty)
River Birch
Betula nigra (Heritage, DuraHeat)
Japanese Zelkova
Zelkova serrata (Green Vase, Village Green)
Tulip Poplar
Llriodendron tulipifera
Quercus palustris
Pin Oak
Black Gum
I.ittleleaf Linden
Nyssa sylvatica
Tilia cordata (Glenleven, Greenspire)
White Oak
Quercus alba
Sophora japonicum
Japanese Scholartree
Gingko
Gingko biloba (Lakeview, Princeton Sentry)
English Oak
Quercus robur (Eastigiata)
Japanese Katsuratree
Schumard Oak
Cercidiphyllum japonicum
Quercus schumardi
Ulnus parviflora
Chinese Elm
(B) Medium Variety Trees (mature height; twenty-five (25) tc thirty-five (35) feet):
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Sour -wood
Oxydendrum arboreum
Thornless Honeylocust
Eastern Redbud
Gleditsia triacanthos " Inermis"
Cercis canadensis
Yoshino Cherry
Golden -Rain -Tree
Prunus yedoensis
Koelreutreria paniculata
Saucer Magnolia
Magnolia soulangeana
Weeping Cherry
Prunus subhirtilla pendula
Kwansan Cherry
Prunus serrucata "Kwansan"
Yellowood
Cladastris Iutea
Ironwood
Carpinus carolineana
Pistache
Redmond Linden
American Holly
Pistachia chinensis
-------------
Tilia americana "Redmond"
Ilex opaca (East Palatka, Foster's #2, Nellie R. Stevens)
Eastern Red Cedar
Juniperus virginiana (Emerald Sentinel, Princeton Sentry, Pendula)
Little Gem Magnolia
Fail Blooming Cherry
Fruitless Sweetgum
Magnolia "Little gem"
Prunus autumnalis
Liquidambar styracifiva "Rotundaloba"
European Hornbeam
Carpinus betulus (Fas(igiata)
Hophornbeam
Ostrya virginiana
(C) Small Variety Trees (mature height: less than twenty-five (25) feet):
Japanese Maple
Acer palmatum
Japanese Dogwood
Cornuskousa
Flowering Dogwood
Smoketree
Crape Myrtle
Cornus Florida
Cotinus coggyria (Daydream, Royal Purple)
Lagerstroemia indica (Dallas Red, Lipan, Natchez, Sioux, Tonto, Yuma)
Crabapple (var.)
Amur Maple
Wax Myrtle
Star Magnolia
Malus hybrida (var.)
Acer ginnala
Myrica Cerifer
Magnolia stellata
Japanese Tree Lilac
Syringa reticulata
Green Hawthorn
Crataegus viridis
Carolina Cherrylaurel
Prunus caroliniana
Choke Cherry
Prunus virginiana
Sargent Cherry
Prunus sargentii (Columnaris, HillierSpire)
0 (D) Streetyard and Interior Shrubs (mature height: approximately thirty-siK (36) inches):
(1) Supplemental Evergreen Shrubs.
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EA
•
11
Warty Barberry
Berberis verruculosa
Dwarf Burford Holly
Ilex cornuta "Burfordii" nana
Japanese Holly (var.)
Ilex crenata (var.)
Azalea (var.)
Azalea sp.
Mugo Pine
Pinus mugo
Juniper (var.)
Juniperus sp.
Fuonyrnous (var.)
Euonymous sp.
Leatherleaf Viburnum
Viburnum rhytidophyllum
(2) Deciduous.
Forsythia
Dwarf Burning Bush
Thunberg Spirea
Viburnum (var.)
Oakleaf Hydrangea
Japanese Flowering Quince
Potentilla
Ornamental Grass Varieties
Oregonholly Grape
Nandina
Dwarf Nandina
(E) Primary Evergreen Shrubs and Outdoor Storage Area Screening Plants (installation height: six (6) feet):
Forsythia sp.
Euonymous alatus "Compacts"
Spirea thunbergi
Viburnum sp.
Hydrangea quercifolia
Chaenomeles japonic
Potentilla fruticosa
Mahonla bealei
Nandina domestica
Nandina domestica nana
American Holly
Burfora Holly
Ilex opaca
Ilex cornuta "Burfordii"
Nellie Stevens Holly
Wax Myrtle
Hetz juniper
Ilex cornata "Nellie Stevens"
Myrica cerifera
Juniperus hetzi
Arborvitae
Thuja occidentalis
Eastern Red Cedar
Juniperus virginiana
Japanese Black Pine
Pinus thunbergiana
(F) Groundcovers (planting areas, berms, wall planters):
Lily -Turf
Liriope muscarli
Hybrid Daylily
Hemerocallis hybrida
Aaronsbeard
Hypericum calysinum
Rockspray Cotoneaster
Cotoneaster horizontalis
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•
•
s
(G) The following trees shall not be credited toward the requirements of Section B.3-4.2.1:
Bradford Pear
Silver Maple A-
Hybrid Poplars
Pyrus calleryana "Bradford"
Acer saccharinum
Populus spp.
Tree of Heaven
Ailanthus altisimma
A)bizia julibrissin
Mimosa
Royal Paulownia
Pine (var.)
Paulownia tomentosa
Pinus sp.
(C-UDO-52, ti 1, 4-12-10)
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EXHIBIT A
C-UDO-72
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE FOR
THE VILLAGE OF CLEMMONS '
Preamble
Pursuant to the authority conferred by G.S. 160A-381, as amended and for the purpose of
promoting the health, safety, morals, or general welfare of the inhabitants of the village.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF CLEMMONS
THAT THE UNIFIED DEVELOPMENT ORDINANCE BE AMENDED AS FOLLOWS:
Text Amendment
Section 1. Chapter B, Article II Section 2-1.6 (Overlay and Special Purpose Zoning Districts) of
the Unified Development Ordinance is amended as follows:
Chapter B — Zoning Ordinance
Article II —Zoning Districts, Official Zoning Maps and Uses
2-1.6 Overlay and Special Use Purpose Zoning Districts -Purpose
Statements and Regulations
(E) Lewisville Clemmons Road_(South Overlay District
(A) Vision.
The Lewisville-Clemmons Road Corridor Overlav District intent would be to facilitate
implementation of the general intent of the Lewisville-Clemmons Road Strategic Area (south) to
promote the redevelo ment of the area into a mixed use commercial/office/residential. It is
intended to foster development that improves traffic/safety, intensifies land use and economic
values to promote a mix of uses, to enhance the „livability of the area, io enhance Pedestrian
connections parking conditions and to foster high-guality buildings and public spaces that he[13
create and sustain lone -term economic vitality.
B Intent
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C-UDO-72 September 2015

Lewisville-Clemmons Road is expected to continue carrying significant traffic volumes making
development along the corridor highly visible to the traveling public. Therefore, the main
objectives of this proposed district is to:
l . Develop visible interconnected alternate traveling routes to provide the motoring public
choices in trip destination
2. Strategically close some driveways along the corridor for safety measures and develop
cross access_ opportunities where appropriate
I Establish high standards for buildings and landscaping improvements with a cohesive
street tree plan and consistent standards for building design
4. Establish a safe pedestrian network for residents and visitors to access numerous sites by
foot
5. Promote businesses along the corridor by the development of a wayfinding signage
program and other applications
Geographic_ Boundary
The proposed geographic boundary begins at the interchange I-40/Lewisville-Ciemmons Road
and continues south to the intersection of Lewisville-Clemmons Road and Middlebrook. The
map shown below provides the specific geographic boundaries by parcel lines.
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C-UDO-72 September 2015

(C) Application and Exemptions
L These standards apply to sites (including`principal and accessory buildings) that are
within the Lewisville-Clemmons Road Corridor Overlay district unless otherwise
specified herein, and apply to all permitted uses allowed within the district.
2. Farm uses are exempt from these requirements provided they meet the base zoning
district requirements.
3. Existing single family units are exempt from these requirements provided they meet the
base zoning district requirements.
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C-UDO-72 September 2015

4. Expansions to buildings that exist on the date this ordinance is adopted are exempt from
the requirements_ of this ordinance.
5. New development, building expansions and demolition/rebuilds that are 25% or greater
or cumulative additions 25% or greater of the original building footprint shall conform to
all requirements of this section. All other requirements noted in this ordinance shall apply
to the 25% or great building expansion requirements unless specified below.
6. The streetyard requirements as identified in section 13.3-4.3(B):
a. Additions to existing sites that are equal to or greater than five (5) percent of
the sites' existing building square footage or the addition of one -thousand
(1,000) sq. feet or more of building or,
b. When ten (10) or more harking spaces are added to a site with no building or,
c. Fag& changes to ten(10) percent or more of any building wall facing a
vehicular way intended for public travel regardless of ownershig(e.g. adding
or eliminating doors, windows, closings, openings or increased wall area)
7. Right -of_ -way shall be required to be recorded as shown in "Exhibit A" with a zoning
change of use permit as shown in Exhibit A.
8. Any new roadway connectors as shown in "Exhibit A" shall be required with new
development and/or by the Village of Clemmons, NC,
9. Driveway Closures. RESERVED
10. Newly created sidewalks as shown.in "Exhibit A" shall be required under the same
requirements of Section E above.
(D) Permitted Uses
The overlay district provisions appl to any base zoning district set forth in this chapter that
exists within the defined overlay area. The following permitted_ uses_ are allowed for this
proposed geographic area by use category:
1. Residential Uses
Single Family, Townhomes, Multi -family, Congregate Care Facility, Family group care
facilities, A. B, and C, Life Care Community
2. Retail and Wholesale Trade
Restaurants -(with and without drive -through service),_ Religil Develeimpents lay-ger-
feet- Retail Developments larger than 90,000 square feet (use Big Box standards for this
use), Retail Misc., Whole Trade A
3. Business and Personal Services
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C-UDO-72 September 2015

Banking and Financial Services, Bed and Breakfast, Building Contractors General, Car Wash,
Funeral Home, Health_ Services Misc., hotel/motel, Kennel, Medical Lab, Medical Offices,
Motoi Vehicle LcasingLRental, Re air/Maintenance Body/Paint Sh6p, Office Misc.
Professional_ Office, Service Personal -Services, Business A/B, Veterinary Services
4. Recreational Services
Recreation Services, Indoor and Outdoor, Public Recreation Services, Swimming Pool, Private,
Theater, Indoor
5. Institutional and Public Uses
Academic, Medical Center, Adult Day Care, Adult Day Care Center, Child Care facilities,
Religious Institutions, Club or Lodge, College[University. Government Offices, Group Care
Facilities Hospital or Health Center Library, Museum/Art Gallery,Neighborhood Care
Institution, Police/Fire Station, Post Office, School
(E) Standards.
I. Pedestrian Accommodations
a. All new development shall provide pedestrian walkways -between the building and
entrance/exits and parking areas and within parking areas to designated walking
areas especially where there is a need to connect dispersed buildings - with parking
areas
b. All pedestrian amenities in "Exhibit A" shall meet Section 1 (e) requirements for
construction
c. All new development shall provide canopy shade trees, landscape features and seating
or other pedestrian amenities near colonnades, storefronts, and pedestrian routes
2. Cross Access and Right-of-ways
a. Cross access easements betweenproperties are encouraged, however the Village of
Clemmons will proactively „rank cross access priorities and negotiate with vroperties
outlined in "Exhibit A" to make cross access requirements.
b. Public Right-of-ways are required to be dedicated as noted in "Applications and
Exemptions "G . The Village of Clemmons shall make necessary improvements to
the public right of way from a priority list as 12rol2erty owners voluntarily dedicate
outside of the development review process. The priority list shall be kept in the
Village of Clemmons Plannin Office.
3. Driveway modifications. RESERVED
4. Landscapint„
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C-UDO-72 September 2015

a. As noted in "Exhibit A" landscaping as defined_ in section B.3-4(B) is required to form
cohesion to the existing corridor and to delineate connectivity routes.
Q Overlay Flexibility Standards
I. If a developer and/or property owner cannot meet the requirements set forth in this
overlay section a creative design option shall be submitted to the Village of Clemmons
Planning Department for review._ The Village of Clemmons Planning Board shall review
the plan for the consistency of the overall intent of the overlay district set forth in vision
and intent section of this amendment.
Section 3. This ordinance shall become effective on the date of its adoption.
Adopted this 2611 day of October, 2015.
/)z �-
Nickolas B. Nelson, Mayor
Attest:
�4 rv-, &vw�
it Sho t, Village Clerk
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C-UDO-72 September 2015

OF
r '-pD
0
x
Ia
FOUNDED
1802
�INCORPORATED G
p� 1986�
PUBLIC WORKS
Mike Randall
Division of Water Quality
Stormwater Permitting; Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
January 25, 2010
Re: Village ofClemmons
NPDES Stormwater
Permit Renewal Application
NCS000410
Dear Mr. Randall:
Please find enclosed one copy of the NPDES Stormwater hermit Application Form
SWU-264 and three copies of the Stormwater Management Program Report (Section
X-narrative).
Please contact me at 336-766-9170, if you have any questions.
Thanks,
0p-
Judy Cherry
Stormwater Administrator
3800 Dillon Industrial Drive, P.O. Box 1710, Clemmons, N.C. 27012 [phone] Fax [phone]

State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
OFFIC USE ONLY
Date Rec'd
Fee Paid
Permit Number
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small MS9 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Storm water Management Program Report (SWU 168) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION ❑ New Application ❑X Renewal (Permit No. NCS000410 )
a.
Name of Public Entity
Village of Clemmons
Seeking Permit Coverage
b.
Ownership Status (federal,
Local
state or local
c.
Type of Public Entity (city,
Village
town, county, prison, school,
etc.
d.
Federal Standard Industrial
SIC 91— 97
Classification Code
e.
County(s)
Forsyth
f.
Jurisdictional Area (square
12.02
miles
g.
Population
Permanent
18,189
Seasonal (if available)
N/A
h.
Ten-year Growth Rate
31.5%
i.
Located on Indian Lands?
❑ Yes ❑X No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
s uare miles
12.02
b.
River Basin(s)
Yadkin -Pee Dee
c.
Number of Primary Receiving
Streams
Four (4)
d.
Estimated percentaqe of jurisdictional
area containing the following four land use activities:
•
Residential
61.1
•
Commercial
12.1
•
Industrial
2.9
•
Open Space
23.9
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
❑ Yes ❑X No
III. EXISTING LOCAL WATER QUALITY PROGRAMS
Page 1
SWU-264-103102

NPDES RPE Stormwater Permit Application
a. Local Nutrient Sensitive Waters Strategy
❑ Yes ❑X No
b. Local Water Supply Watershed Program
❑X Yes[—] No
c. Delegated Erosion and Sediment Control Program
❑X Yes[] No
d. CAMA Land Use Plan
❑ Yes ❑X No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
❑Yes FIX No
a permitted Phase I enti ?
b. If so, provide the name and permit number of that entity;
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -permit
❑Yes FIX No
with another Phase II enti ?
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No N/A
erm ittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of 1
our permit obligations?
❑X Yes ❑ No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
Winston-Salem/Forsyth Co. Inspections Division
• Element they will implement
Construction Site Run-off Control
• Contact Person
Jeff Kopf
• Contact Address
100 E. First St., Suite 328, Winston-Salem, NC 27101
• Contact Telephone Number
336-727-2388
c. Are legal agreements in place
to establish responsibilities?
❑X Yes El No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
N/A
has been delegated
b. Title/position of person above
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached a !ication report.
VII. SIGNING OFFICIAL'S STATEMENT
Page 2
SWU-264-103102

NPDES RPE Stormwater Permit Application
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. lam aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
A"
Name
Gary M. Looper
Title
Manager
Street Address
3715 Clemmons Road
PO Box
1710
City
Clemmons
State
North Carolina
Zip
27012
Telephone
336-766-7511
Fax
336-766-7536
E-Mail
[e-mail]
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Judy Cherry
b.
Title
Stormwater Administrator
c.
Street Address
3800 Dillon Industrial Drive
d.
PO Box
1710
e.
City
Clemmons
f.
State
North Carolina
g.
Zip
27012
h.
Telephone Number
336-766-9170
i.
Fax Number
336-712-4040
j.
E-Mail Address
[e-mail]
Page 3
SWU-264-103102

NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a.
RCRA Hazardous Waste
N/A
Management Program
N/A
b.
UIC program under SDWA
c.
NPDE=S Wastewater Discharge
N/A
Permit Number
d.
Prevention of Significant
N/A
Deterioration (PSD) Program
N/A
e.
Non Attainment Program
f.
National Emission Standards for
N/A
Hazardous Pollutants (NESHAPS)
reconstruction approval
g.
Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
Roquemore Road Culvert Improvements
section 404 of CWA
ID # 2009 01671
X. NARRATIVE APPLICATION SUPPLEMENT - STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of the Stormwater Management Program Report for the five-year permit term. The
Stormwater Management Program Report shall be assembled in the order and formatted in accordance with
the Table of Contents shown below, bound with tabs identifying each section by name, and include a Table
of Contents with page numbers for each entry. The required narrative information for each section is
provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report
(SWU-268).
TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. TMDL Identification
2. RECEIVING STREAMS
Page 4
SWU-264-103102

NPDES RPE Stormwater Permit Application
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
4. PERMITT"ING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. CO -PERMITTING INFORMATION (IF APPLICABLE)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. RELIANCE ON OTHER GOVERNMENT ENTITY
6.1.
Name of Entity
6.2.
Measure Implemented
6.3.
Contact Information
6.4.
Legal Agreements
7. STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Stormwater Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Stormwater Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Page 5
SWU-264-103102

TABLE OF CONTENTS
1, STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2, Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates .
1.6. TMDL Identification
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
1
1
1
1
2
2
3
3
3
3
3
3
3
3
3
5. CO -PERMITTING INFORMATION (IF APPLICABLE) 3
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
3
3
3
6. RELIANCE ON O"I,FI11R GOVERNMENT EN'I'I'I'Y 4
6.1. Name of' Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
4
4
4
4

7. STORMWATER MANAGEMENT PROGRAM 5
7.1. Public Education and Outreach on Stormwater Impacts 5
7.2. Public Involvement and Participation 7
7.3. Illicit Discharge Detection and Elimination 8
7.4. Construction Site Stormwater Runoff Control 11
7.5. Post -Construction Stormwater Management in New Development
and Redevelopment 16
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations 23
APPENDIX A: Receiving Streams Table and Figure
APPENDIX B: Organizational Chart
APPENDIX C: Erosion Control Ordinance and Cooperative Agreement,
Construction Site Litter Ordinance
APPENDIX D: Interlocal Agreement — PTWQP
APPENDIX E: Illicit Discharge and Illicit Connection Ordinance,
Ordinance to Control Dog Feces

village of Clemmons
National Pollutant Discharge Elimination System
Phase II — Permit Application
To Manage Stormwater Quality in a Municipal Separate Stormwater System (MS4)
Comprehensive 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 18,189. "Phis data is from the North Carolina Office of
State Budget and Management for Fiscal Year 2008-2009. (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 2000 to the present
is calculated at 3.15%. This rate was derived by comparing.2000 census data with
today's population figure. The populations were 13,827 and 18,189 respectively — a
gain of 4,362 people, during the ten-year period. This represents a 31.5% increase from
year 2000 to the present or a 3.15% average annual increase over this period.
1.3. Jurisdictional and MS4 Service Areas: Clemmons is composed of' 12.02 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 I I
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.
Page 1

Generally, the changing hydrologic regime brought on by urbanization causes down
cutting which results in incised geomorphology, undercutting banks are generating
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 61.1 % Residential, 12.1%
Commercial, 2.9% Industrial, and 23.9% Open Space.
1.6. TMDL Identification: There are no known Total Maximum Daily Load (TMDL)
allocations for the water bodies or receiving streams of Clemmons.
Page 2

2. RECEIVING STREAMS
"fable 2.1 (Appendix A) provides a detailed listing of primary streams within the Village of
Clemmons. Figure 2.1 (Appendix A) accompanies "fable 2.1 and shows the location of each
primary strearn, 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
Gary M. Looper Village Manager (336) 766-751 1 [phone] villagemanager a clemmons.org
Larry W. Kirby Public Works Dir. [phone] [phone] lkirby a clemmons.org
Judy Cherry Stormwater Admin.[phone] [phone] [e-mail]
clemmons.org
4.2. Organizational Chart: See chart in Appendix Q.
4.3. Signing Official: The signing official for this permit application is Gary M. Looper,
the Village Manager. As the local government manager, Mr. Looper 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 (1F APPLICABLE)
The Village of Clemmons is not entering into a co -permitting arrangement with any other
municipality.
Page 3

6. RELIANCE ON OTHER GOVERNMENT ENTITY
Name of the entity: Forsyth County
Element to be Implemented: Construction Site Stormwater Runoff Control (Erosion &
Sediment Control Program)
Contact Information for the Responsible Party:
Name: Jeff Kopf'
Address: 100 East First St., Ste. 328
Winston-Salem, NC 27101
Phone: [phone]
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 1 Elements.
Name of Entity: Piedmont Triad Water Quality Partnership
Elements Implemented: Public Education and Outreach
Contact Information for Responsible Party.
Name: Judy Cherry, Stormwatcr Administrator
Address: P.O. Box 1710
Clemmons, NC 27012
Phone: [phone]
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.
Page 4

7. STORMWATER MANAGEMENT PROGIZAM 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 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.
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
Oil stormwater quality. Local students are targeted because of the long-term
benefits of fixture 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 quides for schools, movie theater ads, promotional items with logo,
PTWQP website (www.piedmontwaterquality.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
Page 5

information to improve public understanding of stornwater management issues.
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.
The Clemmons Government Access TV channel will be used to distribute timely
educational and announcement information regarding stormwater management.
Information on Forsyth County's household hazardous waste disposal program
will be included, as appropriate, in various educational materials, notices, and
brochures. 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 Government Access TV, the
website, and newspaper articles.
Evaluation: Regular dialogue will be maintained with other local governments
regarding the successes and problems with similar efforts for this minimum
measure. Discussions with other local government officials will be used to fine-
tune subsequent activities to ensure that maximum impact is being achieved for
this minimum measure.
Page 6

7.2. Public Involvement and Participation
Target Audience: Three general groups of citizens are targeted by the Public
Involvement and Participation Program, namely: 1. all citizens of the Village, 2.
local business and business owner/operators, and 3. local students in the
elementary, middle school grades and high school, The Village citizens, local
businesses, and local students are targeted to increase public involvement in
various public activities intended to increase awareness of stormwater pollution
issues and to improve stormwater quality by removing various sources of
pollution through periodic cleanup events. Recognizing the growth in the number
of Hispanic citizens in the area, Spanish language strategies will be used where
appropriate. All events and promotional efforts will be open to all ethnic and
economic groups.
Participation Program: The public has been involved through citizen
involvement in the Stormwater Advisory Board and citizen access through the
Public Hearing process that has led to the development of the program and which
will guide program implementation. The Village complies with all state and local
notification requirements regarding land use regulations or issues directed by the
Village of Clemmons Stormwater Management plan regulations. Other citizen
involvement in the education and outreach activities will be sought as
knowledgeable citizens are identified and recruited to participate in this process.
Citizen involvement will be enhanced by participating in the biannual community
clean up events, Adopt -A- Highway program, storm drain marking program,
adopt a stream program, stream clean up and tree planting .
The rationale for this program is to implement a public involvement/participation
program that engages all economic and ethnic groups into reducing surface water
pollution to the maximum extent practicable and to provide opportunities for the
public to participate in program development and implementation. The
underlying principle for public involvement and participation is that surface water
pollution is most effectively controlled at the source. Only the public can
accomplish that and involvement and participation will give the public a greater
sense of ownership, buy -in, and understanding; of the issues
Evaluation: Regular dialogue will be maintained with other local governments
regarding the successes and problems with similar efforts for this minimum
measure. Discussions with other local government officials will be used to fine-
tune subsequent activities to ensure that maximum impact is being achieved for
this minimum measure.
Page 7

7.3. Illicit Discharge Detection and Elimination
MS4 Map: The existing outfall Inventory Map was developed by locating
structures with a handheld GPS device and adding information such as size,
material and condition. This information is managed in a digital GIS database
and mapping system. This information will be combined with other currently
available graphical information such as Village limits, streams and water bodies.
Sources of existing information include the US Geological Survey, Forsyth
County, the Winston-Salem/Forsyth County GIS Department and Planning
Department.
To maintain the current map, existing, added and suspected stormwater outfalls
will be field located to verify their existence, location and other pertinent
information such as size, material and condition. All existing and new
information will be collected and managed in the digital GIS database and
mapping system. Updating of the MS4 Map information will be accomplished
through the use of as -built site plans that will be field located as needed by the
Village Stormwater Administrator and staff.
Regulatory Mechanism: The Village has adopted an ordinance to regulate the
discharge of illegal substances into the MS4. See Appendix E. An ordinance was
chosen as the appropriate regulatory mechanism because of the need to have legal
authority to prohibit illegal discharges and to have legal authority to pursue
whatever actions are necessary to eliminate such discharges. The ordinance will
make non -storm water 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 Administrator 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 Administrator 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
Page 8

consist of at least 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 pl-1 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 Administrator, 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 Government Access TV 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 Clenimons will be briefed on the illicit discharge ordinance and
Page 9

compliance requirements. Village employees will be trained on the illicit
discharge requirements and the Village will regulate itself to be in compliance.
Staff Training: The Public Works Staff will be trained on detecting and
reporting illicit discharges and connections. Training will include workshops and
the video "Municipal Stormwater Pollution Prevention" by Excal Visual.
Evaluation: The Village will maintain records of all illicit discharge reports,
investigations and resolutions. Comparisons will be made from year to year to
identify any trends or changes to this aspect of the stormwater program.
Additionally, regular dialogue will be maintained with other local governments
regarding the successes and problems with similar efforts for this minimum
measure. Results of the records, analyses, and discussions with other local
government officials will be used to fine-tune subsequent activities to ensure that
maximum impact is being achieved for this minimum measure.
Page 10

7.4. Construction Site Stormwater Runoff Control
The Village of.'Clemmons will rely on the Forsyth County Erosion Control regulations
and permitting process to reduce pollutants due to stormwater runoff from construction
activities. 'Phis 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.
Tlie Construction ,Site SYornnvater Runoff Control measure requires that a land
disturbance of'greater than or equal to one acre (including those disturbances which are
part of a large common plan of development that would disturb one or more acres) be
addressed by the program. The Village of Clemmons Erosion Control Ordinance
satisfies this requirement. The ordinance states that an erosion control plan be prepared
and approved for any land disturbing activity that:
• Exceeds twenty thousand (20,000) square feet in surface area on one tract for
construction of a single family dwelling, or
• Exceeds ten thousand (10,000) square feet in surface area on one tract for any
other purpose than a single family dwelling.
Regulatory Mechanism: The Village of Clemmons Erosion Control Ordinance,
which has been adopted as part of the Unified Development Ordinances for
Forsyth County, is the appropriate regulatory mechanism for this measure. This
ordinance was chosen because of the need to have legal authority to require
sediment and erosion controls during construction activities and to have legal
authority to pursue whatever actions are necessary to enforce the proper
implementation of erosion control plans to reduce pollutants at construction sites
during storm water events. A copy of this ordinance is included as Appendix C to
this permit application.
This ordinance establishes the requirements and procedures for construction site
operators to implement appropriate erosion and sediment control best
management practices. The responsibility for administration of the ordinance is
that of the Forsyth County Superintendent of Inspections. The ordinance requires:
• Development of erosion control plans that address the following
control objectives:
a) Identify and address on -site critical areas especially vulnerable
to damage from erosion and/or sedimentation,
b) Plan and conduct all land disturbing activity to minimize the
time of exposure;
c) Plan and conduct all land disturbing activity to minimize the
size of the area exposed at any one time,
Page 11

d) Control surface water runoff originating upgrade of exposed
area to reduce erosion and sediment loss,
e) Plan and conduct all land disturbing activities to prevent off -
site sedimentation damage,
f) Manage storm water runoff velocity to minimize accelerated
erosion of the site and increased sedimentation of receiving
watercourse, and
g) Plan and conduct all land disturbing activity so as to protect
floodway and flood fringe areas.
The land disturbing activities shall incorporate the use of mandatory
standards including buffer zones, properly graded slopes, ground cover
and vegetation of slopes, encroachment limits in floodway and
floodway fringe areas.
• Review and approval of erosion control plans,
• Purchase of a permit for approved land disturbing activities,
• Plan and conduct land disturbing activity so that post construction ten
year storm runoff satisfies stated velocity criteria,
• Plan and conduct land disturbing activities so as to minimize the extent
and duration ol'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 live 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
Clcmmons by the Forsyth County building inspectors. A copy of the litter control
ordinance is provided in Appendix C of this document.
Page 12

Plan Reviews: Persons conducting a land disturbing activity meeting the
requirements for permitting shall file three (3) copies of the erosion control plan
with the Superintendent of Inspections at least thirty (30) days prior to beginning
the activity. One copy of the erosion control plan will be retained by the
Superintendent of Inspections, one copy will be forwarded to the Forsyth Soil and
Water Conservation District, and one copy shall be kept at the _fob 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 flan 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 1 13A-I) shall be deemed incomplete until a complete
environmental document is available for review.
Based on historical data, it is estimated that 50 erosion control plans will be
submitted for review per year from Clemmons. One hundred percent of these
plans will be reviewed by the Superintendent of Inspections. A process for
appealing plan disapproval or approval with modifications is provided for in the
Erosion Control Ordinance. Additionally, following commencement of a land
disturbing activity pursuant to an approved plan, if the Superintendent of
Inspections determines that the plan is inadequate to meet the Erosion Control
Ordinance requirements, the Superintendent of Inspections may require revisions
to the plan as necessary for ordinance compliance.
Enforcement: Violation of the Erosion Control Ordinance by failing to conduct
land disturbing activities in accordance with an approved plan where one is
required will result in various sanctions as documented in the Ordinance. These
sanctions take the following forms:
Page 13

BUILDING PERMIT/CERTIFICATE OF OCCUPANCY WITHHELD
• No building permit shall be issued until the required temporary erosion
control measures are installed in accordance with the approved plan.
• No certificate of occupancy shall be issued or granted where required under
applicable subdivision or zoning regulations or other laws and ordinances
until the required erosion control measures have been completed in
accordance with a valid permit.
CIVIL PENALTIES
No penalty shall be assessed until the person has been notified of the violation by
registered or certified mail, return receipt requested, or other means to give actual
notice. The notice shall describe the violation, specify a reasonable time period to
correct the violation, and warn that failure to correct the violation within the
specified time period will result in the assessment of a civil penalty or other
enforcement action.
• Any person who commences grading activities without a permit where
required shall be subject to a penalty equal to double the normal permit fec,
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 PI1NAIa1'1ES
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 lie may reasonably deem necessary to carry out his duties. 'Phis
includes entering at reasonable times' upon the property, public or private, for the
purpose of investigating and inspecting the sites of any land disturbing activity.
No person shall refuse entry or access to any authorized representative or agent of
the city who requests entry for purposes of inspection, and who presents
appropriate credentials.
Page 14

Yuhlic Information: Forsyth County has administered this program since its
inception and maintains public awareness of the program and its requirements.
Evaluation: Forsyth County is responsible for the continual evaluation of this
Minimum Measure.
Page 15

7.5. Post -Construction Storm Water Management in New Development and
Redevelopment
The Village of Clemnions 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 IZcgister 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 tliese
incidents.
Page 16

TR Waters: The Village of Clemmons does not contain or drain to TR (public
mountain trout waters) waters.
NS Waters: The Village of Clemmons does not contain or drain to NS
(designated nutrient sensitive) waters.
Nora -Structural BMPs: In 2001, Forsyth County, Winston-Salem, and the small
towns of Forsyth County (including Clemmons) adopted "Legacy —A
Development Guide for the Neit, 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 ofsite
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 ofthe
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 13MPs. 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.
Natural Resource Protection: 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
is developing an update to the comprehensive plan that will recommend policies
and regulations that help protect natural resources through the development
process with conservation, cluster and low impact 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 fleet
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.
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 ofthree 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,
Page 18

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. The Comprehensive Plan steering will be recommending such
opportunities in the 2030 Comp. Plan that is currently underway. The Village
Planning Board is working oil text amendments to require usable open space
through the conventional subdivision development. The amendments should be
in place by May 2010.
Approximately 28.8% of the Village of Clemmons and its surrounding area are
dedicated as open space through developed/greenfield areas and about 1.7% of
that is dedicated park land. Surrounding area is taken from comprehensive plan
study area north to Lewisville and south to the Davidson County line. The
Village monitors development in the area of consideration as it will have an
impact on stortwater within the Village boundaries; furthermore, some day the
land surrounding the limits may qualify for statutory annexation.
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. Tlie
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.
Tile Village of Clemmons Planning Board completed a report on tree preservation
in 2009. They are proposing text amendments to provide the ability to reduce
parking places by planting larger variety trees within the motor vehicle surface
area. With the completion of the report the planning board developed an outline
for developing a tree ordinance that includes a preservation component.
I"urthermore, the Planning Board is recommending text amendments to require
Page 19

street trees to be planted along the roadway in conventional subdivisions. This
amendment should be implemented by the Village Council by May 2010, The
Village Council appointed a tree committee to begin work on a tree ordinance.
The board commences their work in January 2010 where they will develop
regulations to protect, maintain and enhance the urban tree canopy.
Through our long range planning and small area plan documents we recommend
street tree plantings in appropriate locations. 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 current plans. The Village currently does not
have incentives in place to encourage redevelopment; however with the imminent
adoption of the 2030 Village of Clemmons Comprehensive Plan recommended
action items will provide redevelopment opportunities.
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 to 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.
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 is studying the potential to 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 transit
oriented development 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
Page 20

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
(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 is reviewing the options of requiring larger planting
beds and large variety trees to be planted. The developer would receive parking
reduction incentives for providing more green space within the development.
This amendment should be approved by the Village Council in May 2010. The
Village will also be pursuing LID standards for parking lots as an action item in
the long range plan update.
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.
Stormwater 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,
Page 21

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 to insure construction of required BMPs.
Green Infrastructure strategies: Over the next several years, the Stormwater
Advisory Board will consider Green Infrastructure Strategies and Low Impact
Development.
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 22

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 1.6 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 76 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 23

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 fioatables 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 24

Figure 2.1 Village of Clemmons - Receiving Streams
r
rr ii`` y
High
N,�y 4
z�
7
1 «s V
MC-pV9 `
C-E6
m
� BC -ES 3 ,
Q � y
BCC Q W7
IN
C-W6
el
b
l MC.
w4
�a
ater ok
ke
w✓ /�
dow
MC-W3
ee
O
JC-N2
� V
}
7Z ; ■ a io
• - John.1C.g -. .. _
rn Creek
allard f
Lake �a,iroa�
Legend
N m ��"� �'e-E� Streets
a Rivers & Streams
Clemmons
0.8 0.4 0 0.8 Miles 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
Impaired
Turbidity
Yes
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-Ell 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 (just 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 i 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
Ecological/
Muddy Creek
of mouth
12 - 94 - (0.5)
C
Impaired
Biological
Yes
Integrity,
Benthos,
Zinc,Copper
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

Tabie 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 (2008 Draft Integrated 305(b) and 303(d) Report)
Dated December 22, 2009
Page 5 of 5

ORGANIZATIONAL CHART - VILLAGE OF CLEMMONS
Updated 12/30/09
ASSISTANT MANAGER
FOR PUBLIC WORKS
CREW
EQUIPMENT
RMWATER
=ADMINISTRATOR
ADMINISTRATIVE
LEADER
MECHANIC
ASSISTANT
y
PW CONST. 1/2 STORMWATER
MECHANIC FIELD PERSONNEL
VILLAGE COUNCIL
VILLAGE MANAGER
VILLAGE CLERK
ADMINISTRATIVE
ASSISTANT
(Planner
FINANCE OFFICER

Ordinance Number 2002-07
AN ORDINANCE
TO REQUIRE REFUSE CONTAINMENT
AT CONSTRUCTION SITES
BE IT ORDAINED by the Village Council of the Village of Clemmons that:
Section 1: Construction Sites
All construction contractors shall 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 effect the 28`h day of August, 2002.
Approved by a unanimous vote on the 28'" day of May, 2002.
� _x 6, 1 3 �� -
William C. McGee, Jr.
Mayor
ATTEST:'
5
Marsha Sucharski
Village Clerk

NORTH CAROLINA )
INTERLOCAL AGREEMENT
FORSYTH COUNTY)
THIS AGREEMENT, entered in this 2-7411 day of 0C7k> , ,
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.
f 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.
i. ,
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 ratel'.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.
S. 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 Financine: 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. Authority to Contract: Each party hereto represents and warrants that it has the
legal authority,,. by ordinance ov otherwise;,to: enter. into. this Agreement and to bind itself to its
terms, and that its governing Board has approved t1fi§-Agreement or will ratify this Agreement as
required pursuant to N.C.G.S.§460A461.
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.
THE CITY OF WINSTON-SALEM
i
Approved as to form and legality.
This AV of WJ4A20a
By torney
THE VILLAGE OF CLEMMONS
By:
Mayor
Attest:
Village Clerk
Approved to form and legality
RlLoli
"Village Attorney
Date

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I�Print�Ea�l
Clemmons, North Carolina Unified Development Code» Chapter C1 - Environmental Ordinance»
Article IV - Erosion Control >>
Article IV - Erosion Control
4-1 - GENERAL
4-2 - DEFINITIONS
4-3 - ADMINISTRATION AND INTERPRETATION OF THIS SECTION OF THE ORDINANCE
4-4 - SCOPE AND EXCLUSIONS
4-5 - GENERAL REQUIREMENTS
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 - IMPROVEMENT SECURITY REQUIRED OF CERTAIN PERM ITAPPLICANTS
4-18 - EROSION AND SEDIMENTATION CONTROL PLANS
4-19 - APPEALS BY PERMIT APPLICANT 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)
Establishing procedures through which these purposes can be fulfilled.
4-2 - DEFINITIONS
As used in this chapter, unless the context clearly indicates otherwise, the following definitions 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,
poultry, 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 further land disturbing activity is required on
a phase of a project except that which is necessary for establishing a permanent ground cover.
DEPARTMENT
The North Carolina Department of Environment and Natural Resources (DENR)_
DIRECTOR
The Director of the Division of Land Resources of the Department of Environment and Natural
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 GRADE
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 Planning 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. 15013-14(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 through 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
environmental 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 FOR 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/herself out 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 he/she 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 OF 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, that has been or is being transported by water, air,
gravity, or ice from its site of origin.
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
Sediment resulting from accelerated erosion which is settleable or removable by properly designed,
constructed, and maintained control measures; and which has been transported 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, channels, ditches and appurtenances which serve to collect and convey
stormwater through 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 through 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 twenty-five (25) years, and of a duration which will produce the maximum peak
rate of runoff, from the watershed of interest under average antecedent wetness conditions.
UNCOVERED
The removal of ground cover from, 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 through the cross section of the main channel at the peak flow of the storm
of interest. The cross section of the main channel shall be that area defined by the geometry of the
channel 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 from on -site land disturbing activities and being disposed of at other
locations.
WORKING DAYS
Days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land
disturbing activity to be undertaken.
4-3 - ADMINISTRATION AND INTERPRETATION OF THIS SECTION OF THE ORDINANCE
4-3.i
The Director of Inspections shall be responsible for the administration 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
minimum 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 useful to humans, including 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 animals; 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
Water Quality (best management practices) as adopted by the North Carolina Department of
Environment and Natural Resources (DENR). If land disturbing 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 Water 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 Mining Act of 1971, G.S. 74-46 through 74-68;
(D)
STATE OF NORTH CAROLINA JURISDICTION Land disturbing activity over which the State has
exclusive regulatory jurisdiction as provided in G.S. I I3A-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 approved by the Director of Inspections and without having
purchased the applicable permit through 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 fringe areas
specified in Section C.2.
(C-UDO-45, § 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 planned 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 planned 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 control 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 disturbing activity is
to be planned and conducted so as to protect floodway and floodway fringe 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 connection 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 disturbing activity containing natural or artificial means of confining visible siltation.
(B)
GRADED SLOPES, MECHANICALLY STABILIZED SLOPES AND FILLS
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 (1.5:1) 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 and fills must be demonstrated to be stable. Stable is the condition where the soil remains
in its original configuration, with or without mechanical constraints. 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
completion 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, the 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 structural support of buildings, bridges, dams, culverts, or similar
structures; or,
(b)
Stormwater Channels. Mechanical stabilization required for engineered stormwater channels.
(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 the site to be regulated as a landfill by the 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 tract
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 three (3) to one (3:1) slope and greater than
ten (10) feet in height and intervening terraces required in Section C.4-7(B)(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 trunk 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 planting with a minimum height at maturity of twenty-five (25) feet.
(E)
FLOODWAY AND FLOODWAY FRINGE AREAS
Limits of Encroachment. 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 encroachment 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 the 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 encroachment 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
from 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 unless, 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.
(14)
PRIOR TO LAND DISTURBING ACTIVITIES
(1)
Notification. No person may initiate a land -disturbing activity before notifying the agency that issued
the plan approval of the date that the land -disturbing activity will begin.
(2)
Preconstruction 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 control measures, structures and
devices, shall be so planned, designed and constructed as to provide protection from the calculated
maximum peals of runoff from the ten-year storm. Runoff rates shall be calculated using the procedures
in the USDA, Soil Conservation Service's National Engineering Field Manual 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
maximum 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 planned, 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
of Agriculture Soil Conservation Service's National Engineering Field Manual for Conservation
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 (0.04mm) 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 Channels 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.
(E)
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 The 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) cannot 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 channel and bank erosion is a developing technology. Innovative
techniques and ideas will he 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 increases 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
structures.
(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 structure, 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
L5
(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 from recommendation by Special Committee on Irrigation Research, American
Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply
velocity by 0.95 for slightly sinuous, by 0:9 for moderately sinuous channels, and by 0.8 for highly
sinuous channels.
4-10 - BORROW AND WASTE AREAS
When 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 Mining Act 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 land disturbing activity.
4-11 - ACCESS AND HAUL ROADS
Temporary access and haul roads, other than public roads, constructed or used in connection with any
land disturbing activity shall be considered a part of such activity.
4-12 - OPERATIONS IN LAKES OR NATURAL WATERCOURSES
Land disturbing activity in connection with construction in, on, over, or under a lake or natural
watercourse shall be planned 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.
Advisory Note; The United States Army Corps of Engineers should be nutified of any plaiwed ��peraticln
in lakes or natural watercourses, including their adjacent wetlands, for possible issuance of Section 404
or other permits.
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4-13 - RESPONSIBILITY 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 Ordinance, 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 land 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
Commission or Local Government and will state the time within which such measures must be
completed. In determining the measures required and the time 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 future basin of a planned 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 Government 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
future 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 rehabilitation/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 three (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 in conformity 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 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 it shall be used to establish protective cover on the site.
Any moneys 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.
4-18 - EROSION AND SEDIMENTATION CONTROL PLANS
4-1 R 1
An erosion control plan shall be prepared for all land disturbing activities on a tract requiring a. permit
under this Article.
4-18.2
Persons conducting a land disturbing 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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erosion control plan will be retained by the Director 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 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 a land -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
land disturbing activity or his/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 him/her 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 specifically state in writing the reasons for denial. The Director
of Inspections must approve or deny a revised plan within fifteen (15) 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 environmental document is required by
the North Carolina Environmental 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.
4-1 R_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 signature to be unnecessary due to the simplicity of the site
situation and the limited nature 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 (I
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 Planning 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, excepting applications for subdivision approval only,
location of sewage treatment facilities, including septic tank and drain field, if public or community
sewerage is not available; and,
(D)
Other A statement, referenced to the map(s) if appropriate, as to whether the site will be developed in
sections and any profiles, earth movement computations, drainage calculations, grading specifications,
temporary and permanent 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 Environmental 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 disturbing activity without
an approved plan, or has received notice of violation of a plan previously approved by the Commission
or a local government 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 two (2) years prior to the
application date.
4-18.9
Application for amendment of an erosion control 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 met 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 from the Board of Adjustment shall be to the North Carolina
Sedimentation Control Commission as provided in G.S. l 13A-61(c) and 15 NCAC 413 .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 disturbing 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 be taken 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 must be
completed. In determining the measures required and the time allowed for compliance, the Local
Government 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. I I3A-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.
4-21.6
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 required, 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 failure 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 must 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 time period for compliance need be given for failure to submit an erosion control plan for approval or
for obstructing, hampering, or interfering with an authorized representative while in the process of
carrying out his official duties. Each day of continuing violation shall constitute a separate violation. A
person may be assessed a one-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 forth 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 Inspections shall consider the
degree and extent of harm caused by the 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 Clemmons Attorney for institution of a civil action in the name of the City of Winston-
Salem/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 three (3) years of the date the final decision was served on the violator.
(C)
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 conclusion of the hearing. Appeal from
the final decision of the Director of Inspections 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 control 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-Salem/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 violation is occurring or is threatened, it shall enter such
orders or judgments as are necessary to abate the violation or to prevent the threatened violation. The
institution of an action for injunctive relief under this section shall not relieve any party to such
proceedings from any 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 Ordinance.
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. I I3A-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 full force and effect.
4-27 - EFFECTIVE DATE
This Ordinance shall become effective upon adoption.
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Piedmont Triad Water Quality Partnership
INTERLOCAL STORMWATER EDUCATION AGREEMENT
'Phis Agreement made and entered into this /2rg day of /�P,e.c , 2004, by
and among the PIIIDMONT TRIAD REGIONAL WATER AUTHORITY, hereinafter
referred to as "PTRWA," GUILFORD COUNTY, a North Carolina body politic (hereinafter
referred to as "GUILFORD"), FORSYTH COUNTY, a North Carolina body politic
(hereinafter referred to as "FORSYTH"), RANDOLPH COUNTY, a North Carolina body
politic (liereinafter referred to as "RANDOLPH"), the CITY OF HIGH POINT, a North
Carolina municipal corporation (hereinafter referred to as "HIGII POINT"); the CITY OF
WINSTON-SALEM, a North Carolina municipal corporation (hereinafter referred to as
"W.INSTON-SALEM"); the '.I'OWN OF JAMESTOWN, a North Carolina municipal
corporation (hereinafter referred to as "JAMESTOWN"), the CITY OF RANDLEMAN, a
North Carolina municipal corporation (hereinafter referred to as ".RANDLEMAN"), the CITY
OF ARCHDALE, a North Carolina municipal corporation (hereinafter referred to as
"ARCIII)ALE"), the TOWN OF KERN.ERSVILLE, a Noah Carolina municipal corporation
(hereinafter referred to as "KERNERSVILLF,") the CITY OF GREENSBORO, a North
Carolina municipal corporation (hereinafter referred to as "GREENSBORO"), the TOWN OF
WALKERTOWN, a North Carolina municipal corporation (hereinafter referred to as
"WALKERTOWN"), the TOWN OF LEWISVILLE, a North Carolina municipal corporation
(hereinafter referred to as "LEWISVILLE"), the VILLAGE OF CLEMMONS, a North
Carolina municipal corporation (hereinafter referred to as "CLEMMONS"), and the TOWN OF
IttJRAI, NAIL, a North Carolina municipal corporation (hereinafter referred to as " RIAIAL
HALL") :
WITNESSETH:
WHEREAS, the above referenced counties, cities, villages, and towns operate
stormwater-related programs and would benefit by pooling resources in their efforts to train
citizens and businesses with regard to stormwater riles including water quality protection and
management and surface water pollution prevention, NPDES stormwater regulations, and best
management practices in the development of a Randleman Lake Stormwater Management Plan,
as applicable; and,
WHEREAS, the above refcrenced counties, cities, villages, and towns have agreed to
cooperate to produce television ads, brochures and stream signs and/or other stormwater duality
educational components as set forth herein in Exhibit A; and,
WHEREAS, it is in the best interest of the citizens and residents of the above referenced
counties, cities, villages, and towns to provide for efficient, proper and environmentally sensitive
methods of controlling stormwater; and,
WHEREAS, the State of North Carolina has encouraged local governments to utilize all
means reasonably available to promote efficient and proper methods of controlling stormwater
including the development of regional programs and partnerships; and,

WI-IEREAS, the counties are authorized by North Carolina General Statute § 153A,
Article 15, Part 1, and the municipal corporations are authorized by N.C.G.S. § 160A, Article I6,
Part 1, to establish and operate stormwater programs; and
WHEREAS, the counties and the municipal corporations are authorized by N.C.G.S. §
160A, Article 20, to enter into contracts or agreements with each other to execute any
undertaking involving the joint exercise, or the exercise by one for the other, of any power,
function, public enterprise, right, privilege or immunity of local government; and,
WHEREAS, the Board of Directors of the PTRWA, the Board of Commissioners of the
counties of FORSYTH, GUILFORD and RANDOLPH, and the Councils of HIGH POINT,
WINSTON-SALEM, JAMESTOWN, RANDLEMAN, ARCI3DALE, KERNERSVILLE,
GREENSBORO, WALKERTOWN, LEWISVILLE, CLEMMONS, AND RURAL ]TALL
each deem it to be in the best interests of the present and future citizens of the counties, cities,
villages, and towns that this Agreement be entered into in order to meet their complementary
needs for the education of Piedmont Triad -area businesses and citizens with regard to stormwater
and water quality management.
NOW, TnEREFORE, in consideration of the terms, conditions, and covenants
expressed herein, the PTRWA, counties, cities, villages, and towns agree as follows:
ARTICLE I
Purpose of Agreement
The purpose of this Agreement is to evidence the counties, cities, villages, and towns'
agreement to provide brochures, watershed signs, television ads, and/or other educational
components and funds all as set forth in Fxhibit A for the education of Piedmont Triad -area
citizens and the business community with regard to the rules, regulations and requirements of
proper stormwater control the corporate limits of the counties, cities, villages, and towns under
their respective jurisdiction and control, to the extent, and subject to the conditions, hereinafter
set forth. The parties agree to refer to this agreement and name the collaborative program as the
Piedmont Triad Water Qualify Partnership.
ARTICLE II
Objectives
The parties seek to implement stormwater management, surface water quality, and
watershed protection public education programs to educate the Piedmont Triad community about
the. impacts of stormwater discharge on receiving waterbodies and the specific need to reduce
stormwater pollution in the Randleman Lake Watershed, as applicable. The parties believe these
goals can best be achieved by coordinating their efforts on a regional basis to provide citizens
and businesses with a more comprehensive environmental education program that is linked with
municipal and county stormwater quality management issues.

The general objectives of the regional public education/awareness and communication
program are as.follows:
I- To comply with and cover topics for public education and awareness brought forth in the
parties' respective NPDFS Stormwater Discharge Permits;
2- To effectively communicate the stormwater / environmental / water quality messages to
targeted segments of the Piedmont Triad citizenry;
3- To create appropriate partnerships with local governments and businesses to achieve regional
public education and awareness goals;
4- To empower and enroll the participation of citizens and businesses in the process of
protecting surface waters and the regional water supply through helping ensure the duality of
receiving streams by minimizing the pollutants associated with stormwater runoff.
ARTICLE III
Duration
This Agreement shall be effective when executed by each party. This Agreement shall
continue in frill force and effect for the term of five (5) years from the date of this Agreement
and shall automatically renew thereafter for two successive five (5) year terms, unless notice of
non -renewal is given by any party sixty (60) days in advance of the applicable renewal date.
ARTICLE IV
Responsibilities of Parties
The parties initially shall be responsible for the educational program components such as
brochures, watershed signs, television ads, or other components, and funds that may be amended
from year to year and attached to this Agreement and identified as "Exhibit A."
The parties shall strive to coordinate their efforts in the production of brochures, signs,
television ads, and/or other educational program components in promoting good regional
stormwater management and watershed protection practices.
ARTICLE V
Personnel
Each party shall appoint or contract with the necessary personnel for performing its
obligations under this Agreement. The personnel, and/or independent contractors, if any, shall be
responsible for the organization, planning and implementation of the educational programs and
products contemplated hereunder.
ARTICLE VI
Financing
The budget for the Piedmont Triad Water Quality Partnership prograin shall be formed
and agreed upon by the parties or a committee made up of representatives appointed by the
parties. The committee shall approve application of all funds contributed hereunder.

All costs of opening, operating and closing of the educational programs and products
contemplated hereunder shall be paid from the funds contributed by the parties. The parties shall
pay all required funds no later than July 30th of each year. Any funds remaining at the end of
budget year shall be carried over into the next year's program budget. As provided by law, this
agreement is subject to annual appropriation.
Initial funding participation is required to join the Piedmont Triad Water Quality
Partnership agreement. Parties are not obligated to provide additional funding in subsequent
years if they choose not to receive new or additional programs and/or products in the subsequent
years. However, respective parties who do not participate in funding for three or more
consecutive years may be removed from the partnership at the discretion of a simple majority of
the "Piedmont Triad Water Quality Partnership Committee."
ARTICLE VII
Piedmont Triad Water Quality Partnership Committee
The "Piedmont Triad Water Quality Partnership Committee" is hereby established for the
purpose of effectuating the provisions of this Agreement.
A. Duties of the Committee. The Committee shall perform the following duties:
1. Meet no less than quarterly at the offices of PTRWA or other location as established by
the Committee;
2. Resolve any conflicts in 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 protection;
5. Organize, plan and implement the regional educational programs, brochures, and develop
a comprehensive program of stormwater education, an example of which is attached as
"Exhibit A" 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;
8. Decide upon the educational program components to be used for each fisca[ year, and
summarize in a revised "Exhibit A" 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.
B. Composition of the Committee. The PTRWA, counties, cities, villages, and towns through
their manager, executive director or governing board shall each appoint one representative who,
along with a representative of any local government joining in the execution of this or a similar
agreement, shall constitute the "Piedmont Triad Water Quality Partnership Committee." Such
Committee shall, during the term of this Agreement, review and oversee the operation of the

services to assure that the provisions of this Agreement are fully complied with. Each
representative to the Committee shall have a voice and a vote on the Committee.
The "Piedmont Triad Water Quality Partnership Committee" shall be composed of the
following individuals:
Entity Board
PTRWA
Forsyth County
Guilford County
Randolph County
City of High Point
Town of Jamestown
City of Randleman
City of Archdale
Town ofKernersville
City of Greensboro
City of Winston-Salem
'town of Walkertown
Town of Lewisville
Village of Clemnrons
Town of Rural Hall
A > >pointec
Executive Director/Board Member/or Designee
County Manager/Board Member/or Designee
County Manager/Board Member/or Designee
County Manager/Board Member/or Designee
City Manager/Board Member/or Designee
Town Manager/Council Member/or Designee
City Manager/Council Member/or Designee
City Managcr/Board Member/or Designee
'town Manager/Council Member/or Designee
City Manager/Council Member/or Designee
City ManagerB oard 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 Committee shall serve 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 member 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 secretary, and shall adopt by-laws and
rules governing its procedures.
C. Intel"ThItiOlISM12 of Corrrinittee and Parties to this Agreement. 'Through their duly
authorized and empowered officials and representatives, the entities represented on the
Committee shall consult and cooperate with each other in all respects regarding the educational
services, programs, and products to be provided so that all parties shall at all times 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 ofsamc as required by law.
D. Fund IntepritY. The Committee established hereunder shall account for revenues and
expenditures 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
Piedmont 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 Greensboro.

ARTICLE VEI
Representations and Warranties of the Parties
The counties, cities, villages, and towns each represent, warrant, and agree as follows:
A. Approval and Authorization: Each said entity has frill power and authority to enter
into this Agreement and to fully perform all of its duties and obligations hereunder pursuant to
various enabling sections of the North Carolina General Statutes. The governing board for each
said entity has duly authorized the execution and delivery of this Agreement and the performance
of all of its duties and obligations contained herein, This Agreement constitutes a valid and
legally binding obligation of each said entity enforceable in accordance with its terms, subject to
any state or federal regulatory approval which may be required pursuant to applicable statute.
D. No Litigation: There is no action, suit, or proceeding pending or, to the best of each
entity's knowledge and belief, threatened against or affecting said entity, at law or in equity or
before or by any Federal, State, municipal or other governmental department, commission,
board, bureau, agency or instrumentality wherein any decision, ruling or finding would adversely
affect the transactions contemplated herein.
ARTICI..E IX
No Agency or Joint Enterprise
The parties to this Agreement recognize and agree that no agency, joint enterprise or joint
ownership of real or personal property is created by this Agreement and that no party shall be
responsible in any manner for the legal liability or financial responsibility of the other, or of any
other municipalities or other party entering into a similar agreement with the parties.
ARTICLE X
Amendment
This Agreement may not be modified or amended except by a subsequent written
agreement authorized by the governing bodies of each party and signed by authorized
representatives of each party.
ARTICLE XI
Termination
This Agreement may be terminated upon mutual consent of the parties, by any party upon
90 days written notice to the other parties, or by court order upon the finding that there has been
such a substantial breach of this Agreement by the tion-complaining party so as to entitle the
complaining party to be relieved of its obligations under this Agreement.

ARTICLE XH
Entire Agreement
This instrument contains the entire agreement between the parties, and no statement, oral
or written, made by either party or agent of either party that is not contained in this written
Agreement shall be valid or binding,
ARTICLE XIII
Defnult
A default of this Agreement shall mean a material failure to comply with any of the
material provisions of this Agreement.
ARTICLE XIV
Remedies For DefAult
This Agreement shall be enforceable by each party hereto by all remedies available at law
or in equity, including but not limited to specific performance. Failure or delay to exercise any
right, remedy or privilege hereunder shall not operate as a waiver of such right, remedy or
privilege nor prevent subsequent enforcement thereof.
ARTICLE XV
Notices
All notices and other communications under this Agreement shall be in writing and shall
be deemed to have been given on the date of actual delivery of mail, registered or certified,
return receipt requested, postage prepaid, to the party at the addresses provided by each:
To the PTRWA:
'ro the COUNTY:
To the TOWN:
To the CITY:
To the VILLAGE:
Executive Director or his designee
County Manager or his designee
Town Manager or his designee
City Manager or his designee
Village Manager or his designee
Any party may change the address to which all notices shall be sent by addressing a
notice of such change in the manner provided in this article to all other parties.
ARTICLE XVI
Duplicate Originals
This Agreement shall be executed by the parties hereto in duplicate originals, each of
which, when executed, shall constitute one and the same Agreement.

ARTICLE XVII
Governing Law
This Agreement shall be governed in accordance with the law of the great State of North
Carolina.

Exhibit A - Starmwater Education Costs FY 04-05
Member
BEP
Forsyth
$5000
Guilford
$5000
Randolph
$5000
High Point
$3000
Jamestown
$1500
Randleman
$1500
Archdale
$1500
Kernersville
$1500
Greensboro
$7500
Winston-Salem
$7500
PTRWA
$500
Rural Hall
$1500
Clemmons
$1500
Walkertown
$1500
Lewisville
$1500
Total:
$45,500
BEP (Best Education Practice) - Website, Carolina Yards & Neighborhoods,
existin brochure translation

ATTFST:
City Clerk
(SEAL)
Appr
ed s to/four an legality:
7J7�C�
y Attorney
VILLAGE OF CLEMMONS
City Manago
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
Finance Director

Cit Clerk
4
(SEAL)
Approved as to form and legality;
City kttomey
TOWN OF RURAL HALL
!J t
City Manager
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
finance Direct

TOWN OF WALKERTOWN
ATEiTST:
Zv��tl ' ' � s ►r'�� —
Cit Cleric City Mana er
1y
(SrAL) p�
1984-CA
�C`
Approved as to form and legality. CAR
it*JAI ney
This instrument been preaudited in the manner required by the Local Government Budget
an(] Fiscal Control Act,
f212L�'-
FI ncc Director
THIS DISBURSEMENT HAS BEEN
_ APPROVED AS REQUIRED BY
THE LOCAL GOVERNMENT BUDGET
AND FISCAL CONTROL ACT

Ordinance Number 2009-05
VILLAGE OF CLEMMONS
ILLICIT DISCHARGE AND ILLICIT CONNECTION ORDINANCE
BE IT ORDAINED by the Village Council of the Village of Clemmons, North
Carolina at its regular meeting on the 26th day of May, 2009 that the following Illicit
Discharge Ordinance be adopted:
(A) Purposc/Intent
The purpose of this ordinance is to provide for the health, safety, and general welfare of
the citizens of the Village of Clemmons through the regulation of non-stormwater
discharges to the storm drainage system to the maximum extent practicable as required
by federal and state law. This ordinance establishes methods for controlling the
introduction of pollutants into the municipal separate storm sewer system (MS4) in order
to comply with requirements of the Village's National Pollutant Discharge Elimination
System (NPDES) permit. The objectives of this ordinance are:
(1) To enforce the Village's Stormwater Quality Management Program;
(2) To reduce or prevent pollutants in the MS4 to the maximum extent
practicable;
(3) To prohibit Illicit Connections and Discharges to the MS4;
(4) To prevent improper disposal of materials that degrade water quality; and
(5) To authorize all inspections, surveillance and monitoring procedures necessary
to ensure compliance with this ordinance.
(B) Definitions
For the purposes of this ordinance, the following shall mean:
Best Management Practices (BMPs). There are two major categories of BMPs: structural
and non-structural. Structural BMPs refer to physical structures designed to remove
pollutants from stormwater runoff, reduce downstream erosion, provide flood control,
and/or promote groundwater recharge. Structural BMPs may be mandated as a condition
of site development. Non-structural BMPs are typically passive or programmatic and
tend to be source control or pollution prevention measures that reduce pollution in runoff
by reducing the opportunity for stormwater runoff to be exposed to pollutants. Non-
structural BMPs are encouraged on all properties and should be implemented wherever
feasible, however non-structural BMPs are typically not mandated as a condition of site
development.
Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.),
and any subsequent amendments thereto.
Construction Activity. Activities subject to NPDES Construction Permits. These include
construction projects resulting in land disturbance of one acre or more. Such activities
include but are not limited to clearing and grubbing, grading, excavating, and demolition.
Facility. Any land use including, but not limited to: commercial, industrial, and
residential land uses, and any other source including, but not limited to: motor vehicles
Page 1 of 1 I

and rolling stock that directly or indirectly contribute, cause, or permit the contribution of
any discharge, illicit or otherwise, to the MS4.
Hazardous Materials. Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present or potential
hazard to human health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Illegal or Illicit Discharge Any direct or indirect non-stormwater discharge to the storm
drain system, except as exempted elsewhere in this ordinance.
Illicit Connections. An illicit connection is defined as either of the following:
• Any drain or conveyance, whether on the surface or subsurface that allows an
illegal discharge to enter the storm drain system including but not limited to any
conveyances that allow any non-stormwater discharge including sewage, process
wastewater, and wash water to enter the storm drain system and any connections
to the storm drain system from indoor drains and sinks, regardless of whether said
drain or connection had been previously allowed, permitted, or approved by an
authorized enforcement agency or,
• Any drain or conveyance connected from a commercial or industrial land use to
the storm drain system that has not been documented in plans, maps, or equivalent
records and approved by an authorized enforcement agency.
Industrial Activity. Activities subject to NPDES Industrial Stormwater Permits as defined
in 40 CFR, Section 122.26 (b)(14).
Municipal Scl2aratc Storm Sewer System MS4. The system of conveyances (including
sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by the Village of
Clemmons and designed or used for collecting or conveying stormwater, and that is not
used for -collecting or conveying sewage.
National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge
Permit. Means a permit issued by EPA (or by a State under authority delegated pursuant
to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United
States, whether the permit is applicable on an individual, group, or general area -wide
basis.
Non -Commercial Car Washing. Any occasional automotive washing performed by
individuals or groups without charging any fee or in exchange for a charitable donation.
This shall include, but is not limited to, car washes performed by local church groups,
school groups, athletic teams, youth organizations, and individuals at their place of
residence.
Non-Stormwater Discharge. Any discharge to the storm drain system that is not
composed entirely of stormwater.
Person. Any individual, association, organization, partnership, firm, corporation or other
entity recognized by law and acting as either the owner or as the owner's agent.
Page 2 of I 1

Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but
are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-
hazardous liquid wastes, solid wastes, animal wastes, and yard wastes (including grass
clippings and leaves); refuse, rubbish, garbage, litter, or other discarded or abandoned
objects and accumulations, so that same may cause or contribute to pollution; floatables;
pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage
(including flushing of sanitary sewer lines and equipment), fecal coliform, and
pathogens; dissolved and particulate metals; wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
Premises. Any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
Storm Drainage System. Facilities by which stormwater is collected and/or conveyed,
including but not limited to any roads with drainage systems, municipal streets, gutters,
curbs, inlets, piped storm drains, pumping facilities, retention and detention basins,
natural and human -made or altered drainage channels, reservoirs, and other drainage
structures.
Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any
form of natural precipitation, and resulting from such precipitation.
Stormwater Administrator: The Village employee hired by the Village Manager to
manage the Village's Stormwater Programs.
Stormwater Conveyance System. The stormwater conveyance system is a network of
linear and point structures designed to collect, receive, convey, and otherwise manage the
controlled movement of stormwater runoff on and from the development site. The
stormwater conveyance system can consist of numerous types of manmade structures and
devices and natural conveyances including, but not limited to, swales, ditches, channels,
pipes, culverts, tiles, curb inlets, yard inlets, drop inlets, junction boxes, manholes,
outfalls, etc.
Stormwater Management PI an. A document which describes the Best Management
Practices and activities to be implemented by a Person or business to identify sources of
pollution or contamination at a site and the actions to eliminate or reduce pollutant
discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to
the Maximum Extent Practicable.
Stormwater Management System. The stormwater management system consists of all
conveyances and structures (BMPs) that are constructed on a development site for the
purposes of managing stormwater runoff by collecting, conveying, controlling, storing,
detaining, retaining, infiltrating, filtering, and otherwise mitigating the negative impacts
that stormwater has on the natural environment.
User. Any Person who owns real property on which a Facility is owned.
Wastewater. Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Watershed Review Board. The Village of Clemmons Zoning Board of Adjustment shall
serve as the Watershed Review Board.
Page 3 of 11

(C) Jurisdiction And Scope Of Authority.
The Illicit Discharge and Illicit Connection Ordinance, hereinafter the Ordinance, shall
apply to all Facilities within the Village limits. All Users whose Facility is subject to this
ordinance, regardless of whether the User's Facility is managed or operated by another
person, shall comply with this ordinance as well as any permits, enforcement actions or
orders issued hereunder. The Stormwater Administrator shall administer, implement, and
enforce the provisions of this ordinance. Any powers granted or imposed on the
Stormwater Administrator may be delegated by the Stormwater Administrator to other
designated personnel as may be necessary. Nothing in this ordinance shall be interpreted
to impose an obligation on the Village to construct, maintain, repair or operate a Storm
Drainage System, or any part thereof, located on another person's property.
(D) Abrogation.
This ordinance is not intended to repeal, abrogate, annul, impair, or interfere with any
existing agreements, covenants, rules, regulations or permits previously adopted or
issued. However, if any provisions or requirements of this ordinance conflict with any
existing regulations or ordinances, the more restrictive provisions shall apply.
(E) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring or pumping of
any liquid, solid, gas or other substance, including but not limited to fuel, oil, anti -freeze,
chemicals, soaps, animal waste, paints, garbage or litter, other than stormwater, in such
manner and amount, directly or indirectly, so that the substance either does or is likely to
reach any stormwater conveyance, waters of the State or lands within the Village, except
as provided in section (F) of this ordinance.
(F) Allowable Discharges
Non-stormwater discharges associated with the following activities are allowed and
provided that
they do not significantly impact water quality:
(1)
Water line flushing;
(2)
Landscape irrigation;
(3)
Diverted stream flows;
(4)
Rising ground waters;
(5)
Uncontaminated ground water infiltration (as defined at 40 CFR
35.2005(20));
(6)
Uncontaminated pumped ground water;
(7)
Discharges from potable water sources;
(8)
Foundation drains;
(9)
Air conditioning condensation;
(10)
Irrigation water;
(1 1)
Springs;
(12)
Water from crawl space pumps;
(13)
Footing drains;
(14)
Lawn watering;
(15)
Non-commercial car washing;
(16)
Flows from riparian habitats and wetlands;
Page 4 of 11

(17) De -chlorinated swimming pool discharges (free and total chlorine less
than 1 ppm);
(18) Firefighting discharge;
(19) Dyes (that are both bio-degradable and non -toxic) normally used to
identify and trace underground pipe networks, but only if the User has
notified the Stormwater Administrator at least twenty-four hours prior to
the time of the test;
(20) Street wash water (Note: prior to street washing, excess mud, sediment,
debris, and other pollutants shall be removed to prohibit such from
entering the drainage system);
(21) Any other non-stormwater discharge permitted under an NPDES permit,
waiver, or waste discharge order issued to the User and administered
under the authority of the EPA, or DWQ, provided that the User is in full
compliance with all requirements of the permit, waiver, or order and other
applicable Iaws and regulations. Discharges specified in writing by the
Stormwater Administrator as being necessary to protect public health and
safety or discharges that have been filtered through an approved
pretreatment system that consistently demonstrate no discharge of
pollutants.
(G) Illicit Connections
(1) Connections to a stormwater conveyance system that allow or potentially
allow the discharge of non-stormwater, other than the exclusions described in
subsection (F) above, are unlawful. Prohibited connections include, but are not
limited to: floor drains, domestic and commercial washing machines, commercial
vehicle washing or steam cleaning, septic systems and sanitary sewers.
(2) Where such connections exist in violation of this section and said
connections were made prior to the adoption of this provision or any other
ordinance prohibiting such connections, the property owner or the Person using
said connection shall remove the connection within one year following the
effective date of this ordinance. However, the one-year grace period shall not
apply to connections which may result in the discharge of hazardous materials or
other discharges which pose an immediate threat to health and safety, or are likely
to result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat.
(3) Where it is determined that said 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 in violation of any applicable regulation or ordinance, other
than this section;
Page 5 of 1 1

the Village Stormwater Administrator shall designate the time within which the
connection shall be removed. In setting the time limit for compliance, the Village
Stormwater Administrator shall take into consideration:
(a) the quantity and complexity of the work,
(b) the consequences of delay,
(c) the potential harm to the environment, to the public health, and to
public and private property, and
(d) the cost of remedying the damage.
(4) When necessary to stop an actual or threatened discharge that is
imminently dangerous or prejudicial to the public's health or safety, the
Stormwater Administrator may, without prior notice, order that a Users access to
the MS4 be suspended. If the violator fails to comply with this suspension order,
the Stormwater Administrator may take such steps as deemed necessary to
remove, abate or remedy the actual or threatened discharge. The User shall
reimburse the Village the full cost of such removal, abatement or remedy
according to the terms of section (J)(3). The User may appeal the Stormwater
Administrator's decision pursuant to section (K), but the User may not reconnect
to the MS4 without prior written approval of the Village Manager.
(H) Spills
Spills or leaks of polluting substances released, discharged to, or having the potential to
be released or discharged to the stormwater conveyance system, shall be contained,
controlled, collected, and properly disposed. All affected areas shall be restored to their
preexisting condition.
In the event of a known or suspected illicit discharge of hazardous materials into the
MS4, the User shall immediately notify emergency response agencies of the occurrence
via emergency dispatch services. In the event of a non -hazardous illicit discharge, the
User shall notify the Stormwater Administrator in person or by phone or facsimile no
later than the next business day. Notifications in person or by phone shall be confirmed
by written notice addressed and mailed to the Village of Clemmons Stormwater
Administrator within three business days of the phone notice. If an illicit discharge
emanates from a commercial or industrial land use, the User shall also retain an on -site
written record of the discharge and the actions taken to prevent its recurrence. Such
records shall be retained for at least three years.
(I) Right -Of -Entry
(1) The Village Stormwater Administrator or designee shall have
right -of -entry on or upon the property of any Person subject to this ordinance and
any permit/document issued hereunder. The Village Stormwater Administrator or
designee shall be provided ready access to all parts of the premises for the
purposes of inspection, monitoring, sampling, inventory, records examination and
copying, and the performance of any other duties necessary to determine
compliance with this ordinance-
(2) Where a Person has security measures in force which require proper
identification and clearance before entry into its premises, the Person shall make
Page 6 of I I

necessary arrangements with its security guards so that, upon presentation of
suitable identification, the Village Stormwater Administrator or designee will be
permitted to enter without delay for the purposes of performing specific
responsibilities.
(3) The Village Stormwater Administrator or designee shall have the right to
set up on the Person's property such devices as are necessary to conduct sampling
and/or metering of the Person's operations.
(4) Any temporary or permanent obstruction to safe and easy access to the
areas to be inspected and/or monitored shall be removed promptly by the Person
at the written or verbal request of the Village Stormwater Administrator or
designee. The costs of clearing such access shall be borne by the Person.
(5) The Village Stormwater Administrator or designee may inspect the
facilities of any User in order to ensure compliance with the ordinance. Such
inspection shall be made with the consent of the owner, manager, or signatory
official. If such consent is refused the Village Stormwater Administrator or
designee may seek issuance of an administrative search warrant.
(,) Enforcement
(1) Notice of Violation.
Whenever the Village finds that a User has violated this ordinance, the
Village shall notify the User, in writing by registered or certified mail, personal
service or posting of said notice at the Facility where the alleged violation
occurred, that the User shall perform any or all of the following:
(a) Install equipment or perform testing necessary to monitor, analyze and
report of the condition of the User's storm drainage system;
(b) Eliminate illicit connections or discharges;
(c) Cease and desist all violating discharges, practices or operations;
(d) Abate or remedy the stormwater pollution or contamination hazards
and restore any affected property;
(e) Pay a civil penalty;
(0 Implement source control or treatment BMP(s).
If abatement of a violation and/or restoration of affected property are required, the
notice shall set forth a deadline within which such remediation or restoration must
be completed. Said notice shall further advise that, should the User fail to meet
the deadline, then representatives of the Village shall enter upon the facility and
are authorized to take any and all measures necessary to abate the violation and/or
restore the facility and the expense thereof shall be charged to the User and
collected pursuant to subsection (3) below. Refusal to accept the notice shall not
relieve the User of the obligation set forth herein.
(2) Civil Penalties.
(a) Illicit Discharges. Any User or other Person, including but not limited
to, a designer, contractor, agent, or engineer, who allows, acts,
participates in, assists, or directs an illicit Discharge, either directly or
indirectly, shall be subject to civil penalties as follows:
Page 7 of l I

i. Yard waste and household products less than 5 gallons (volume
based on best judgment of the Village representative): First
time offenders who discharge into the MS4 yard waste or 5
gallons or less of domestic or household products, where the
quantity actually discharged is considered ordinary for
household purposes shall be assessed a Category I civil
penalty in the amount set forth in the schedule of civil
penalties. Each day's continuing violation shall constitute a
separate and distinct offense for the purpose of assessing a civil
penalty.
ii. Household products greater than 5 gallons, non -household
products and unknown volume and nature: First time offenders
who discharge into the MS4' more than 5 gallons of domestic or
household products, who discharge substances generally not
used in a home, including but not limited to process waste
water, or who cannot provide clear and convincing evidence of
the volume and nature of the substance discharged, shall be
assess a Category It civil penalty. Each day's continuing
violation shall constitute a separate and distinct offense for the
purpose of assessing a civil penalty.
iii. Waste products and bulk sales: First time offenders who
discharge into the MS4 any substance that is a byproduct of a
commercial or industrial process or any substance that was
purchased at a bulk sales location shall be assess a Category II
civil penalty. Each day's continuing violation shall constitute a
separate and distinct offense for the purpose of assessing a civil
penalty.
iv. Repeat offenders: A User who discharges into the MS4 in
violation of this ordinance more than once within a twelve
month period, shall be assessed a civil penalty at one category
level higher than the category assessed for a first time offender
of the substance discharged. Each day's continuing violation
shall constitute a separate and distinct offense for the purpose
of assessing a civil penalty.
(b) Illicit Connections. Any User or other Person, including but not
limited to a designer, contractor, agent, or engineer, who allows, acts,
participates in, assists, or directs the establishment of an Illicit
Connection, either directly or indirectly, shall be subject to civil
penalties as follows:
i. First time offenders shall be assessed a Category II civil
penalty in an amount set forth in the schedule of civil penalties.
Each day's continuing violation shall constitute a separate and
distinct offense for the purpose of assessing a civil penalty.
ii. A User or Person who is found to have violated subsection (b)
i. more than once within a twelve month period shall be
assessed a Category III civil penalty in an amount set forth in
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the schedule of civil penalties. Each day's continuing
violation shall constitute a separate and distinct offense for the
purpose of assessing a civil penalty.
(c) In the event the Village is fined by the State or Federal governments
resulting from an Illicit Discharge or Connection made by a User or
other Person, the User or other Person at fault shall reimburse the
Village for the full amount of the civil penalty assessed by the State
and/or Federal governments as well as for the abatement costs incurred
by the Village during the investigation and restoration process
pursuant to subsection (3) below.
(d) Civil penalties collected pursuant to this ordinance shall be credited to
the Village of Clemmons Stormwater Fund.
(e) Schedule of Penalties: The following civil penalties shall be imposed,
up to the amount shown for each category, upon the User or Person
found to have violated this Ordinance.
i. Category I: Civil Penalty to not exceed $100 per day per
violation.
ii. Category II: Civil Penalty to not exceed $500 per day per
violation.
iii. Category III: Civil Penalty to not exceed $1,000 per day
per violation.
(f) Penalty Considerations. In determining the amount of the penalty, the
Stormwater Administrator or designee shall consider:
i. The degree and extent of harm to the environment, public
health and public and private property.
ii. The cost of remedying the damage.
iii. The duration of the violation.
iv. Whether or not the violation was willful.
v. The prior record of the Person responsible for the violation in
complying with this ordinance.
vi. The Village's enforcement costs and the amount of money
saved by the violator through his, her or its noncompliance.
(3) Recovery of Costs and Fines.
As authorized by N.C.G.S. § 160A-193, the offender shall be liable to the
Village of Clemmons for the civil penalty, all costs incurred by the Village while
enforcing this ordinance, including but not limited to: abatement costs,
remedying the damage caused by the Illicit Discharge, restoring the Facility,
sampling, clean-up, the Village's administrative costs, costs of court, and costs of
litigation, to include reasonable attorney's fees. Within 30 days after the Village
has completed its abatement of the violation, restoration of the Facility and/or its
investigation and inspection, the violating User or Person will be notified of the
Village's total costs and the civil penalty, if any. The total amount due shall be
paid within 30 days of the date of notice. If the amount due is not paid within 30
days, the charges shall constitute a lien on the land or premises where the
nuisance occurred. A lien established pursuant to this subsection shall have the
same priority and be collected as unpaid ad valorem taxes. The total amount due
Page 9 of I 1

is also a lien on any other real property owned by the User within the Village
limits, except for the Person's primary residence. A lien established pursuant to
this subsection is inferior to all prior liens and shall be collected as a money
judgment. The User may avoid the lien on any other real property owned by the
User within the Village limits only if the User can show that the accrual or
threatened discharge was created solely by another Person. In the event that the
User is able to pass the liability onto another Person, the other Person shall be
liable to the Village pursuant to this section.
(K) Appeals
(1) Any order, requirement, decision or determination made by the
Stormwater Administrator may be appealed to and decided by the Watershed
Review Board.
(2) An appeal from a decision of the Stormwater Administrator must he
submitted to the Watershed Review Board within thirty (30) days from the date
the order, interpretation, decision or determination is made. All appeals must be
made in writing stating the reasons for appeal. Following submission of an
appeal, the Stormwater Administrator shall transmit to the Watershed Review
Board all papers constituting the record upon which the action appealed from was
taken.
(3) An appeal stays all proceedings in furtherance of the action appealed,
unless the officer from whom the appeal is taken certifies to the Watershed
Review Board after the notice of appeal has been filed with him, that by reason of
facts stated in the certificate, a stay would in his opinion cause imminent peril to
life or property. In such case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Watershed Review Board or by a
court of record on application of notice of the officer from whom the appeal is
taken and upon due cause shown.
(4) The Watershed Review Board shall fix a reasonable time for hearing the
appeal and give notice thereof to the parties and shall decide the same within a
reasonable time. At the hearing, any party may appear in person, by agent or by
attorney.
(L) Nuisance; Injunctive Relief
Illicit discharges and illicit connections which exist within the Village of Clemmons are
hereby found, deemed, and declared to be dangerous or prejudicial to the public health or
public safety and are found, deemed, and declared to be public nuisances.
It shall be unlawful for any person to violate any provision or fail to comply with any of
the requirements of this ordinance. If a person has violated or continues to violate the
provisions of this ordinance, the Village may petition for a preliminary or permanent
injunction restraining the person from activities which would create further violations or
compelling the person to perform abatement or remediation of the violation.
Adopted this 26"' day of May,2009.
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90.05 CONTROL OF DOG FECES.
(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 dog's feces from any public or
private property.
(B) It is the responsibility of a dog's owner or custodian to clean up the dog's feces from any public
or private property outside of the dog owner's own property limits. Such property includes, but is not
limited to, parks, rights -of -way, paths, and public access areas.
(C) "Means to properly remove and dispose of feces" shall consist of having on or near one's
person a device such as a plastic bag, or other suitable plastic or paper container, that can be used to
fully clean up and contain dog waste until it can be disposed of in an appropriate container. Such a
device must be shown, upon request, to anyone authorized to enforce this chapter.
(D) This provision shall not apply to handicapped persons assisted by trained guide or assistance
dogs.
(Ord. 2008-07, passed 8-11-08) Penalt see 90.99
§ 90.99 PENALTY.
The penalties for violation of this chapter shall be as follows:
(A) First violation - $50;
(B) Second violation - $75;
(C) Third and subsequent violations - $100.
(Ord. 89-02, passed 4-17-89; Am. Ord. 91-6, passed 5-20-91)
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