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HomeMy WebLinkAboutWSCO_FORS UDO Section 8.2 Salem Lake Watershed Protection_20210712Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection 8.2 SALEM LAKE WATERSHED PROTECTION A. SHORT TITLE These standards shall be known and may be cited as the Salem Lake Watershed Protection Standards, except as referred to herein, where it shall be known as "this section." B. PURPOSE 1. The purpose of these standards is to promote the health, safety, and general welfare of the citizens and residents of the State of North Carolina, including residents of the City of Winston-Salem and Forsyth County, and residents who live within the Salem Lake Watershed, a public water supply watershed, as established by the North Carolina Environmental Management Commission. 2. An additional purpose of these standards is to establish regulations which protect drinking water quality in the Salem Lake Watershed and which meet or exceed the minimum regulations established by the North Carolina Environmental Management Commission under the provisions of the Water Supply Watershed Protection Act of 1989. 3. A further purpose of these standards is to implement the goals, objectives, and policies of Legacy, A Legacy for Forsyth County, North Carolina, as amended, including any specifically related land use plans, development guides, and the Transportation Plan. C. JURISDICTION 1. The provisions of these standards shall apply to that land that drains into Salem Lake which has been designated as a public water supply watershed by the North Carolina Environment Management Commission. 2. This area shall be defined and established on a map entitled, "Salem Lake Watershed Protection Map of Winston-Salem/Forsyth County, North Carolina," herein after referred to as the Watershed Map, which is adopted simultaneously herewith. 3. The Watershed Map, and all explanatory matter set out thereon, is hereby made a part of this section. 4. These standards and the Watershed Map shall be permanently kept on file in the office of the Planning Board. D. AUTHORITY E. These standards are adopted pursuant to the General Police Power as authorized by the North Carolina General Assembly in Chapter 579 of the 1991 Session Laws. EFFECTIVE DATE The effective date of these standards shall be December 31, 1994, at 12:01 a.m. local time, and the same shall take and be in full force and effect thereon and thereafter. F. APPLICABILITY AND COMPLIANCE 1. COMPLIANCE WITH PROVISIONS; EXEMPTIONS No subdivision of land shall be approved nor erosion control, building, or other development permit issued for any development or land disturbing activities in the Salem Lake Watershed unless certified to be in conformance with the provisions of these standards by the Stormwater Director or a designee, with the following exemptions: a. AGRICULTURAL ACTIVITIES Agricultural activities undertaken on agricultural land for the production of plants and animals and which are conducted in accordance with best management practices required by the North Carolina Environmental Management Commission and administered by the Forsyth Soil and Water Conservation District; VyINSTON-SALEM/FORSYTH COUNTY UDO ���� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection b. FORESTRY ACTIVITIES Forestry activities undertaken on forestland 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 Environmental Quality (DEQ); c. EXISTING RESIDENTIAL LOTS Construction or expansion of an individual single family residential building or placement of a manufactured home on a lot which was a lot of record or which had received final approval pursuant to the subdivision regulations as of the effective date of these standards; d. DEVELOPMENTS WITH PRIOR APPROVAL i. Developments with a valid outstanding building permit or developments that have expended substantial resources towards completion of a project based on a valid local government approval to proceed with the project as of the effective date of these standards, so long as that approval is complied with. ii. Local governmental approvals shall include, but are not limited to preliminary subdivisions approval and conditional or special use permits; and e. DEVELOPMENTS WITH ESTABLISHED VESTED RIGHTS Developments which have established a vested right under the vested rights provisions of this Ordinance as of the effective date of these standards and have expended substantial resources (time, labor, money) on the development. 2. MULTIPLE USES In cases of two (2) or more principal uses on the same zoning lot, the regulations for each use shall apply to that portion of the structure or land so used. G. ENFORCEMENT The following procedures may be undertaken by the Stormwater Director or a designee to enforce provisions of these standards. 1. CRIMINAL PENALTIES a. Any person, firm, or corporation violating any provisions of these standards shall be guilty of a misdemeanor. b. Upon conviction thereof, such violator shall be subjected to a fine not to exceed five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days, except that no such violation shall be punishable until the expiration of ten (10) days after notice shall have been issued by the Stormwater Director or a designee and served upon such violator. c. Each and every day beyond the initial ten (10) day notice period during which such violation continues shall be deemed a separate offense. 2. CIVIL PENALTIES a. ASSESSMENT OF CIVIL PENALTIES i. In addition to criminal penalties, any person, firm, or corporation violating any provisions of these standards shall be subject to a civil penalty of one hundred dollars ($100.00) to be recovered by the jurisdiction in a civil action in the nature of a debt. ii. No civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation by the Stormwater Director or a designee. iii. Failure to correct the violation within ten (10) days of the date of service of the notice, or the end of the period of any extension, will result in the assessment of a civil penalty or other enforcement action. iv. For good cause determined by the Stormwater Director or a designee, the correction period may be extended by him. VyINSTON-SALEM/FORSYTH COUNTY UDO ���� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection v. Each day of continuing violation shall constitute a separate violation. b. REFERRAL TO ATTORNEYS If payment is not received within thirty (30) days after written demand for payment is made, the Stormwater Director or a designee may refer the matter to the jurisdiction's attorney who is authorized to institute a civil action in the name of the jurisdiction in the appropriate division of the General Court of Justice for recovery of the penalty. 3. INJUNCTIVE OR OTHER RELIEF Whenever the Stormwater Director or a designee has reasonable cause to believe that any person is violating or threatening to violate these standards, the Stormwater Director or a designee, may refer the matter to the jurisdiction's attorney who is authorized in addition to other remedies provided by law to institute injunction, mandamus, abatement, or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance, or use. 41-2.2 ADMINISTRATION, APPEALS A. WATERSHED PROTECTION PERMITS Watershed protection permits shall be reviewed and decided in accordance with the standards in Section 3.2.17A, Watershed Protection Permits in Salem Lake Watershed Protection Area. B. VARIANCES TO SALEM LAKE WATERSHED PROTECTION STANDARDS Variances to the Salem Lake Watershed Protection standards shall be reviewed and decided in accordance with the standards in Section 3.2.161, Variance from the Salem Lake Watershed Protection Standards. C. STORMWATER QUALITY MANAGEMENT PERMIT REQUIREMENTS Development subject to this section shall comply with the requirements in Section 3.2.12, Stormwater Quali Management Permit. D. APPEALS Appeals of decisions made in accordance with these standards shall be in accordance with the standards in Section 3.2.1, Appeals and Interpretations. VyINSTON-SALEM/FORSYTH COUNTY UDO 8�1� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection 8.2.3 WATERSHED SUBAREAS ESTABLISHED The following watershed subareas are established within the Salem Lake Watershed. The exact boundaries of each subarea are shown on the Watershed Map. Boundaries are also indicated on the Official Zoning Maps. A. LAKE BUFFER AREA All City -owned land surrounding Salem Lake and other land within approximately five hundred (500) feet of the normal pool elevation of Salem Lake. B. RESERVOIR PROTECTION AREA Land within approximately one mile of the normal pool elevation of Salem Lake, including land within the Lake Buffer Area. C. BALANCE OF THE WATERSHED All land in the Salem Lake Watershed outside the Reservoir Protection Area. D. RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA BOUNDARIES Where uncertainty exists or where a person disputes the boundaries of the watershed or any watershed subareas, as shown on the Watershed Map, the following rules shall apply: 1. CONSTRUCTED FEATURES a. Where area boundaries are indicated as following either street, alley, railroad or highway lines or centerlines thereof, such lines shall be construed to be said boundaries. b. However, a topographic survey prepared by a registered land surveyor or engineer may be submitted to the Stormwater Director or a designee as evidence that one or more properties or portions of properties along these boundaries do not lie within the watershed. 2. LOT LINES a. Where area boundaries are indicated as following lot lines, such lot lines shall be construed to be said boundaries. b. However, a topographic survey prepared by a registered land surveyor or engineer may be submitted to the Stormwater Director or a designee as evidence that one or more properties along these boundaries do not lie within the watershed area. 3. DETERMINATION BY THE STORMWATER DIRECTOR OR A DESIGNEE a. Where other uncertainty exists, the Stormwater Director or a designee shall interpret the Watershed Map as to location of such boundaries. b. This decision may be appealed to the Watershed Review Board. VyINSTON-SALEM/FORSYTH COUNTY UDO ���� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection PROHIBITED iMiM A. TABLE OF RESTRICTED OR PROHIBITED USES AND ACTIVITIES The following uses and activities can be potentially detrimental to the quality of water in the watershed and are, therefore, prohibited in the Lake Buffer Area, the Reservoir Protection Area, or the Balance of the Watershed, as indicated in Table 8.2.4, Uses Prohibited in the Salem Lake Watershed. TABLE 8.2.4: USES PROHIBITED IN THE AWYPEOF USE SALEM LAKE LAKE BUFFER WATERSHED RESERVOIR PROTECTION [1] BALANCE OF THE WATERSHED Hazardous Waste Management Facility Mining, Quarry, or Extractive Industry Sanitary Landfill Bulk Storage of Petroleum Products Golf Course Land Application of Sludge/Residuals or Petroleum Contaminated Soils Land Clearing and Inert Debris Landfill Motor Vehicle Dismantling Operations or Storage Yard Open Storage of Deicing Chemicals Recycling Plant Use, Storage, or Manufacture of Hazardous Materials by Non- residential Development Wastewater Treatment Plant Disturbance of Reservoir Shoreline Wastewater Pumping Stations NOTES: [1] * = Prohibited. B. EXPANSION OF EXISTING USERS OF HAZARDOUS MATERIALS 1. HAZARDOUS MATERIALS REDUCTION AND RECYCLING PLAN REQUIRED Uses existing in the Reservoir Protection Area as of December 31, 1994 which use, store, or manufacture hazardous materials may continue and expand subject to other provisions of these standards, including the requirements for spill containment structures in Section 8.2.4C, Spill Containment Structures Required, and providing that the user has a hazardous materials reduction and recycling plan approved by the Forsyth County Environmental Affairs Board prior to the issuance of watershed occupancy permits. 2. PLAN REQUIREMENTS FOR TRI REPORTING FACILITIES a. For facilities that are required to report toxic release inventory (TRI) data to the Environmental Protection Agency, the hazardous materials reduction and recycling plan shall show how the user will achieve no increase in the release of toxic materials. b. The user will annually submit the toxic release inventory reporting data to the Forsyth County Department of Environmental Affairs by July 1 for the previous calendar year. c. If the Forsyth County Environmental Affairs Board determines that a user is not in compliance with its approved hazardous materials reduction and recycling plan, the Environmental Affairs Board may recommend to the Stormwater Director or a designee that the user be deemed in violation of these standards. C. SPILL CONTAINMENT STRUCTURES REQUIRED VyINSTON-SALEM/FORSYTH COUNTY LIDO ���� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection 1. RESERVOIR PROTECTION AREA a. In the Reservoir Protection Area, adequately designed, constructed, and maintained spill containment structures must be incorporated for existing hazardous materials utilized, stored, or manufactured on the premises of non-residential development when the lot, or any portion thereof, on which such hazardous materials are utilized, stored, or manufactured is redeveloped. b. Adequately designed, constructed, and maintained shall mean that measures are taken to contain any and all spilled materials to ensure no adverse environmental impacts occur. c. Certification from a registered professional engineer that adequate spill containment structures are in place is required prior to the issuance of a watershed protection occupancy permit. 2. BALANCE OF THE WATERSHED a. In the Balance of the Watershed, new nonresidential development shall incorporate adequately designed, constructed, and maintained spill containment structures for the hazardous materials utilized, stored, or manufactured on the premises. b. Adequately designed, constructed, and maintained shall mean that measures are taken to contain any and all spilled materials to ensure no adverse environmental impacts occur. c. Certification from a registered professional engineer that appropriate spill containment structures are in place is required prior to the issuance of watershed protection occupancy permits. VyINSTON-SALEM/FORSYTH COUNTY UDO 8�1� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection 8,15 DEIELJPNIE T OPFTIO S A. DEVELOPMENT OPTIONS All subdivisions of land and development in the Salem Lake Watershed shall meet either: 1. The low density option; 2. The stormwater quality management option; 3. The special intense development allocation provisions; or 4. The paired -parcel averaged -density provision in combination with the low density or storm water quality management option of these standards. B. LOW DENSITY OPTION Unless a stormwater quality management permit is obtained, all development and subdivisions of land shall be subject to the following low density option provisions: 1. RESERVOIR PROTECTION AREA The following provisions apply in the reservoir protection area: a. NEW DEVELOPMENT The following are requirements for development of lots that have not been developed with impervious surface cover as of December 31, 1994. i. RESIDENTIAL DEVELOPMENT The following are requirements for all new residential development and subdivisions: 1. RESIDENTIAL DEVELOPMENT ALTERNATIVES 1.01. MINIMUM LOT SIZE The minimum lot size shall be at least forty thousand (40,000) square feet per residential dwelling unit; or 1.02. MAXIMUM AVERAGE DENSITY The average density shall not exceed one (1) unit per forty thousand (40,000) square feet; or 1.03. MAXIMUM BUILT -UPON AREA The built -upon area shall not exceed twelve percent (12%) of the site. 2. RECORDING AND OWNERSHIP REQUIREMENTS 2.01. UNDER AVERAGE DENSITY ALTERNATIVE If the developer chooses to utilize the maximum average density alternative, a note restricting all lots from further subdivision and all common space/open space lots from residential development shall be included on all deeds or on the preliminary and final plats. 2.02. UNDER BUILT -UPON AREA ALTERNATIVE If the developer chooses to utilize the maximum built -upon alternative, the maximum square footage of built -upon area for roads, common areas, multifamily buildings and each single family residential lot shall be included on the site plan, deeds, and the preliminary and final plats. 2.03. OWNERSHIP OF COMMON AND OPEN SPACE Except as required in other sections of this Ordinance, common space and open space may be retained in private ownership or may be transferred to a homeowner's association, a governmental unit, a conservation organization, or similar entity. (F) VyINSTON-SALEM/FORSYTH COUNTY UDO ���� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection Except as required in other sections of this Ordinance, common space and open space may be retained in private ownership or may be transferred to a homeowner's association, a governmental unit, a conservation organization or similar entity with acceptance by the receiving entity. (W) 3. REVIEW REQUIREMENTS In approving site plans and subdivisions for residential developments in the Salem Lake Watershed, the Planning Board shall determine the following: 3.01. Areas with impervious surface cover are designed and sited to minimize storm water runoff and limited concentrated storm water flow; and 3.02. Land disturbance is minimized, existing vegetated areas are retained to the maximum degree possible, and all undeveloped areas of the site will be revegetated to promote storm water infiltration. 4. In approving site plans for planned residential developments and multifamily developments in the Salem Lake Watershed, the Planning Board shall determine the following: 4.01. Areas with impervious surface cover are designed and sited to minimize stormwater runoff and limit concentrated stormwater flow; and 4.02. Land disturbance is minimized, existing vegetated areas are retained to the maximum degree possible, and all undeveloped areas of the site will be revegetated to promote stormwater infiltration. ii. NONRESIDENTIAL DEVELOPMENT Built -upon area shall not exceed twelve percent (12%) of the site. b. REDEVELOPMENT OF EXISTING USES i. The redevelopment of uses existing as of December 31, 1994 shall not result in a built -upon area coverage of more than twelve percent (12%) of the site. ii. Redevelopment means increases in the built -upon area, but shall not include changes of use or renovations of existing structures or built -upon areas. 2. BALANCE OF THE WATERSHED The following provisions apply in the balance of the watershed: a. NEW DEVELOPMENT The following are requirements for development of lots that have not been developed with impervious surface cover as of December 31, 1994. i. RESIDENTIAL DEVELOPMENT The following are requirements for all new residential development and subdivisions: 1. RESIDENTIAL DEVELOPMENT ALTERNATIVES 1.01. MINIMUM LOT SIZE The minimum lot size shall be at least twenty thousand (20,000) square feet per residential dwelling unit; or 1.02. MAXIMUM AVERAGE DENSITY The average density shall not exceed one (1) unit per twenty thousand (20,000) square feet; or 1.03. MAXIMUM BUILT -UPON AREA The built -upon area shall not exceed twenty-four percent (24%) of the site. 2. RECORDING AND OWNERSHIP REQUIREMENTS 2.01. UNDER AVERAGE DENSITY ALTERNATIVE VyINSTON-SALEM/FORSYTH COUNTY UDO ��2� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection If the developer chooses to utilize the maximum average density alternative, a note restricting all lots from further subdivision and all common space/open space lots from residential development shall be included on all deeds or on the preliminary and final plats. 2.02. UNDER BUILT -UPON AREA ALTERNATIVE If the developer chooses to utilize the maximum built -upon area alternative, the maximum square footage of built -upon area for roads, common areas, multifamily buildings and each single family residential lot shall be included on the site plan, deeds, and the preliminary and final plats. 2.03. OWNERSHIP OF COMMON AND OPEN SPACE Except as required in other sections of this Ordinance, common space and open space may be retained in private ownership or may be transferred to a homeowner's association, a governmental unit, a conservation organization, or similar entity. 3. REVIEW REQUIREMENTS In approving site plans and subdivisions for residential developments in the Salem Lake Watershed, the Planning Board shall determine the following: 3.01. Areas with impervious surface cover are designed and sited to minimize storm water runoff and limited concentrated storm water flow; and 3.02. Land disturbance is minimized, existing vegetated areas are retained to the maximum degree possible, and all undeveloped areas of the site will be revegetated to promote storm water infiltration. 4. ITEMS FOR DETERMINATION In approving site plans for planned residential developments and multifamily developments in the Salem Lake Watershed, the Planning Board shall determine the following: 4.01. Area with impervious surface cover are designed and sited to minimize stormwater runoff and limit concentrated stormwater flow; and 4.02. Land disturbance is minimized, existing vegetated areas are retained to the maximum degree possible, and all undeveloped areas of the site will be revegetated to promote stormwater infiltration. ii. NONRESIDENTIAL DEVELOPMENT Built -upon area shall not exceed twenty-four percent (24%) of the site. b. REDEVELOPMENT OF EXISTING USES i. The redevelopment of uses existing as of December 31, 1994 shall not result in a built -upon area coverage of more than twenty-four percent (24%) of the site. ii. Redevelopment means increases in the built -upon area, but shall not include changes of use or renovations of existing structures or built -upon areas. C. STORMWATER QUALITY MANAGEMENT OPTION 1. STORMWATER QUALITY MANAGEMENT PERMIT REQUIRED If proposed development or subdivisions of land exceeds the low density option provisions of this section, a stormwater quality management permit, as described in Section 3.2.12, Stormwater Quality Management Permit, must be obtained from the Stormwater Director or a designee prior to any development activity. 2. DEVELOPMENT CONDITIONS In addition to the stormwater quality management requirements of Section 3.2.12, Stormwater Quality Management Permit, development under the stormwater quality management option in the reservoir protection area and the balance of the watershed shall be subject to the following provisions: VyINSTON-SALEM/FORSYTH COUNTY UDO ���� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection a. NEW DEVELOPMENT The following are requirements for development of lots that have not been developed with impervious surface cover as of December 31, 1994. i. RESIDENTIAL DEVELOPMENT The following are requirements for all new residential development and subdivisions: 1. All residential development shall be developed in accordance with the planned residential development or multifamily residential development provisions of this Ordinance. 2. The built -upon area of residential development shall not exceed thirty percent (30%) of the site. 3. The site plan shall include the proposed built -upon area of roads and other common areas and the maximum built -upon area, in terms of square footage, for each lot. 4. This maximum square footage of built upon area for common areas and for each lot shall be included on the site plan and preliminary and final plats. S. The maximum square footages may be changed by amendment of the site plan or plats. 6. In approving site plans for planned residential developments and multifamily developments in the Salem Lake Watershed, the Planning Board shall determine the following: 6.01. Area with impervious surface cover are designed and sited to minimize stormwater runoff and limit concentrated stormwater flow; and 6.02. Land disturbance is minimized, existing vegetated areas are retained to the maximum degree possible, and all undeveloped areas of the site will be revegetated to promote stormwater infiltration. ii. NONRESIDENTIAL DEVELOPMENT Built -upon area shall not exceed thirty percent (30%) of the site. b. REDEVELOPMENT OF EXISTING USES i. Redevelopment of uses existing as of December 31, 1994 shall not result in a built -upon area coverage exceeding the greater of the built -upon area existing as of December 31, 1994 or thirty percent (30%). ii. Redevelopment means increases in the built -upon area, but shall not include changes of use or renovations of existing structures or built -upon areas. D. SPECIAL INTENSE DEVELOPMENT ALLOCATION 1. GENERAL PROVISIONS a. SPECIAL INTENSE DEVELOPMENT ALLOCATION i. The Elected Body may grant a special intense development allocation (SIDA) to permit development of up to seventy percent (70%) built upon area on a project by project basis. ii. A maximum of five percent (5%) of each jurisdiction's portion of the watershed outside the one-half (112) mile critical area delineated as of July 1, 1993, may be developed with seventy percent (70%) built upon surface area. b. ACREAGE ALLOCATION FOR COMMUNITY NEEDS IN MUNICIPALITIES WITHIN FORSYTH COUNTY'S ZONING JURISDICTION i. To meet community needs, a portion of Forsyth County's SIDA acreage is designated to be allocated in each municipality in Forsyth County's zoning jurisdiction in the Salem Lake Watershed. ii. The number of SIDA acres designated for each municipality is equal to five percent (5%) of the municipality's land area in the watershed as of January 1, 1994. iii. The designated SIDA acreage will be allocated to specific projects in the municipality based on approval criteria in Section 8.2.513.3, Criteria for Approval, and other requirements of this section. VyINSTON-SALEM/FORSYTH COUNTY UDO ��22 Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection iv. The Board of Commissioners may allocate SIDA acreage in municipalities in excess of the designated number of acres and may grant a SIDA in the municipality for other than community needs. c. ALLOCATION AND AVERAGING i. The Elected Body may grant a SIDA of up to seventy percent (70%) built upon area on all or part of the land area of a project. ii. With approval from the Elected Body, the SIDA may be averaged throughout the project. d. TRANSFER OF SIDA ACREAGE TO OTHER JURISDICTIONS i. The Elected Body may transfer a portion of the acreage available under the SIDA to another local government having jurisdiction in the Salem Lake Watershed for projects that meet a countywide need or that provide a significant economic benefit to the County. ii. The acreage shall be transferred by adoption of a joint resolution of the giving and receiving jurisdictions. iii. Thejoint resolution shall be submitted to the Environmental Management Commission for review. 2. APPLICATION REQUIREMENTS a. APPLICATION AND SITE PLAN i. Applications for a SIDA shall be submitted to the Planning Board and shall include a site plan in conformance with Section 3.2.11, Site Plan. In addition to other site plan requirements, the following information shall be provided by the applicant: 1. Project timetable; 2. Anticipated addition to the property tax base; 3. Anticipated number of newjobs created or retained; and 4. The percentage of undisturbed land area in trees or woody vegetation. ii. Planning staff may request additional information from the applicant in order to adequately review the application. iii. The application shall also include a fee for site plan review as established by the Elected Body. b. STORMWATER CONTROLS REQUIRED Applicants who request a SIDA must submit applications that utilize engineered stormwater controls based on the stormwater quality management permit requirements of Section 3.2.12, Stormwater Quality Management Permit. c. SITE DESIGN REQUIREMENTS Each project granted a SIDA must to the maximum extent practicable minimize built upon surface area, direct stormwater runoff away from surface waters, and incorporate best management practices to minimize water quality impacts. d. STAFF REVIEW Planning staff will review the application and prepare a report with recommendations for the Planning Board and Elected Body. e. PLANNING BOARD REVIEW Prior to consideration by the Elected Body, the application will be reviewed by the Planning Board which shall consider its merit and make a recommendation to the Elected Body. 3. CRITERIA FOR APPROVAL a. POINT SYSTEM All projects must have a point score of at least three hundred (300) based on the point system in Section 8.2.5D.5, Special Intense Development Allocation Point System, to qualify for the SIDA. b. ELECTED BODY APPROVAL VyINSTON-SALEM/FORSYTH COUNTY UDO ���� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection The Elected Body shall approve or deny the request for a SIDA based upon the project meeting Section 8.2.513.3.a, Point System, and meeting all the following criteria: L The proposed project is in conformance with the adopted Legacy; ii. The proposed project land use and site design are compatible with the general character of the area and surrounding land uses; iii. The proposed project provides a significant economic benefit to the community by creating or retaining jobs, increasing the property tax base, or assisting an existing industry to grow and or remain in Forsyth County; or, the project meets an identified community need such as the provision of community facilities, retail business or personal services, or affordable housing; iv. The proposed project does not pose a threat to the environment, especially water quality, and appropriate steps have been taken to minimize any potential negative environmental impacts; and v. The proposed project has good transportation access, including proximity to major roads or rail lines. 4. OTHER PROVISIONS a. PERMITS FOLLOWING APPROVAL OF SIDA i. If a SIDA request is approved by the Elected Body, the Watershed Administrator may grant watershed permits subject to the other requirements of this section. ii. All necessary permits, including a stormwater quality management permit, must be obtained prior to the issuance of occupancy permits. b. RESUBMITTAL OF REQUEST If a request is denied, the applicant may resubmit the request two years following the date of original submission of the application. c. EXPIRATION OF ALLOCATION i. The SIDA shall expire if watershed occupancy permits are not obtained for the project and the stormwater management structure within three (3) years of approval of the SIDA by the elected body. ii. If occupancy permits are issued for a portion of the project within the three (3) year period, the SIDA will be extended for one additional three (3) year period. iii. Applicants may resubmit requests for expired allocations. d. MAINTENANCE OF RECORDS i. The Planning Board staff shall keep a record of all allocations under the SIDA provisions. ii. The Watershed Administrator shall keep a record of all permits issued. S. SPECIAL INTENSE DEVELOPMENT ALLOCATION POINT SYSTEM TABLE• • •N SYSTEM POINT AMOUNTS CTIVITY, SITE FEATURE, OR ATTRIBUTE Zoning POINTS Property located in commercial or industrial district as of July 1, 1993 (W) or as of January 1 1994 F 75 Special use district zoning application 50 Project Site Size Five to 10 acres 50 More than 10 acres 75 Tax Base Added VyINSTON-SALEM/FORSYTH COUNTY UDO ���� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection TABLE 8.2.5.11): SIDA POINT ALLOCATION SYSTEM POINT AMOUNTS ACTIVITY, SITE FEATURE, OR ATTRIBUTE POINTS $500,000 or less 25 $500,001 to 1,000,000 50 $1,000,001 to 2,000,000 75 Over $2 million 100 Tax-Exempt/Institutional Use Includes church or religious institution, community; church or religious institution, neighborhood; government offices; library, public; police or fire station; post office; school, private; school, public; and utilities 125 Access Located on a major thoroughfare 25 Has direct rail access 25 Located within 300 feet of an interchange of a limited access US highway 25 Public Sewer Project utilizes public sewers stem 50 Undisturbed Land in Trees or Woody Vegetation > 50% vegetated 50 25-50% vegetated 25 Landscaping One step increase in required bufferyard type 25 Greenway Easements Dedication along streams included in the Comprehensive Greenway Plan 25 Right -of -Way Dedication of street right-of-way in excess of sixty feet as required in Thoroughfare Plan 25 Building Structure and Parkin Multiple story building 25 Parking decks or parking under building 25 LEED (Leadership in Energy and Environmental Design) Certification 50 Silver Certification 75 Gold or Platinum Certification 75 E. PAIRED -PARCEL AVERAGED -DENSITY DEVELOPMENT 1. GENERAL DESCRIPTION a. Paired -parcel averaged -density involves the use of two (2) noncontiguous parcels and is based on the idea that the development plans for a pair of parcels can be submitted together and treated as a single development project for the purpose of these watershed regulations. b. The amount of development allowed for the paired parcels taken in tandem cannot exceed the amount of development that would be allowed if the parcels were developed and reviewed separately for compliance with these provisions. 2. GENERAL REQUIREMENTS VyINSTON-SALEM/FORSYTH COUNTY UDO 8�ZS Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection a. WATERSHED DEVELOPMENT The development proposal for the parcel pair shall be consistent adopted plans and with the orderly and planned distribution of development throughout the watershed. b. DENSITY/BUILT UPON AREA Overall density of the paired -parcel averaged -density development, calculated either by dwelling units per acre or built upon area, shall not exceed the density that would be allowed if the parcels were developed separately. In no case shall the built upon area on either parcel exceed seventy percent (70%). c. PERMITTED USES The paired parcels in a paired -parcel averaged -density development may include or be developed for single-family or multi -family residential development or non-residential development. d. LOCATION i. The developed parcel and the undeveloped parcel shall be located so as to preserve open space in more sensitive areas of the watershed such as the Critical Area and the Reservoir Protection Area. ii. The parcel pair shall be located in the same water supply watershed, preferably in the same drainage area of the watershed. iii. A parcel pair may include land located in the Critical Area, the Reservoir Protection Area, or in the Balance of the Watershed. iv. Both parcels cannot be located in the Critical Area. If one of the parcels is located in the Critical Area, it must be the undeveloped parcel. v. If one of the parcels is located in the Reservoir Protection Area outside the Critical Area and one is located in the Balance of the Watershed, the parcel in the Reservoir Protection Area shall not be developed beyond those densities otherwise allowed in the Reservoir Protection Area provisions of this section. e. WATERSHED VARIANCES No parcel for which a watershed variance has been granted or would be required may be included as part of a parcel pair. 3. REVIEW AND APPROVAL PROCESS a. APPLICATION i. Parcel pairs being submitted for approval under this provision shall be submitted for development approval as a single unitary proposal. ii. An application for approval of a paired -parcel averaged -density development shall be submitted to the Planning Board and shall include a site plan for both parcels in conformance with Section 3.2.11, Site Plan. iii. Only the owner(s) of both the paired parcels may submit an application for approval. b. PLANNING BOARD REVIEW AND APPROVAL i. Approval of paired -parcel averaged -density application and site plan shall be obtained from the Planning Board in accordance with the requirements in Section 10.1.2, City -County Joint Planning Board. ii. The Planning Board shall review the project to ensure that both parcels considered together meet these standards and that potential buyers have notice of how the watershed regulations were applied to the parcel pair. iii. If an approval is granted, no change in the development proposal authorized for either parcel shall be made except by a revision of the application and amendment of the site plan. c. FINDINGS VyINSTON-SALEM/FORSYTH COUNTY UDO ���� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection When approving a paired -parcel development, the Planning Board shall make written findings supported by appropriate calculations and documentation that the paired -parcel averaged -density development plan as a whole conforms to the intent and requirements of these standards and that the proposed agreement assures protection of the public interest and achievement of the objectives of these standards. d. CONSERVATION EASEMENT REQUIRED i. The undeveloped parcel(s) or portion(s) thereof shall remain in a vegetated or natural state and be placed in a permanent conservation easement granted under Section 121-35 of the North Carolina General Statutes to the governmental unit or a land conservation organization. ii. If an easement is granted to the governmental unit, the property owner shall retain responsibility for ongoing maintenance of the undeveloped property. e. RECORDATION i. The conservation easement shall be recorded in the deed for the parcel to which it applies. ii. The paired -parcel averaged -density development approval shall be recorded in the deed for each of the parcels in the parcel pair. iii. Both the easement and the approval shall be noted on the subdivision plat or site plan that applies to each of the parcels. f. DOCUMENTATION SUBMITTED TO NC DIVISION OF WATER QUALITY i. Following approval of a paired -parcel averaged -density development, one copy of the approval shall be forwarded to the Local Government Assistance Unit of the NC Division of Water Quality. ii. Included with the approval shall be the site plan, registered plats for both properties, a description of both properties, and documentation reflecting the development restrictions to the parcel pair that will remain undeveloped. iii. The applicant shall be responsible for recording the required documents and providing documentation and materials to Planning staff for submission to the State. 4. SITE DESIGN REQUIREMENTS a. BUILT UPON AREAS Sufficient information shall be submitted with the site plan so that it may be determined that the parcels are designed to: i. Minimize stormwater runoff impact to the receiving waters by minimizing concentrated stormwater flow; ii. Maximize the use of sheet flow through vegetated areas; iii. Minimize impervious surface areas; and iv. Locate development away from surface waters and drainage ways to the maximum extent practicable. b. UNDEVELOPED AREAS The undeveloped parcel(s) or portion(s) thereof shall remain in a vegetated or natural state. c. STORMWATER RUNOFF i. Stormwater runoff from a paired -parcel averaged -density development that meets the low density option development requirements shall be transported from development by vegetated conveyances to the maximum extent practicable. ii. Stormwater runoff from paired -parcel averaged -density developments which meet the stormwater management (high density) option or SIDA requirements shall be controlled on the parcel(s) where the higher density development is occurring in accordance with the stormwater management requirements of Section 8.2.SC, Stormwater Quality Management Option. d. STREAM BUFFERS VyINSTON-SALEM/FORSYTH COUNTY UDO ���� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection Buffers shall at least meet the appropriate minimum water supply watershed protection requirements for stream buffers as required in Section 8.2.6, Stream Buffers, of these standards on both parcels in the parcel pair according to the density of development occurring on each parcel. F. STORMWATER CONTROL STRUCTURE STANDARDS 1. DESIGNER REQUIREMENTS a. All stormwater control structures shall be designed by either a North Carolina registered professional engineer or landscape architect, to the extent allowed by Chapter 89A of the North Carolina General Statutes. b. Other stormwater systems shall be designed by a North Carolina registered professional with qualifications appropriate for the type of system required; these registered professionals are defined as professional engineers, landscape architects, to the extent allowed by Chapter 89A of the North Carolina General Statutes and land surveyors, to the extent that the design represents incidental drainage within a subdivision, as provided in Section 89C-3.7 of the North Carolina General Statutes. 2. STORMWATER CONTROL METHODS All stormwater controls shall use wet detention ponds as a primary treatment means or shall use an alternative stormwater management system consisting of other treatment options, or a combination of treatment options, approved by the Director of the North Carolina Department of Environmental Quality (D EQ). a. WET DETENTION PONDS Wet detention ponds shall be designed for specific pollutant removal according to modeling techniques approved by the Division of Water Quality of the North Carolina Department of Environmental Quality (DEQ). Specific requirements for these systems shall be in accordance with the following design criteria: i. PERFORMANCE STANDARDS Wet detention ponds shall be designed to remove eighty-five percent (85%) of total suspended solids in the permanent pool and storage runoff from a one inch rainfall from the site above the permanent pool. ii. VOLUME The designed storage volume shall be above the permanent pool. iii. DISCHARGE RATE The discharge rate from these systems following the one inch rainfall design storm shall be such that the runoff does not draw down to the permanent pool level in less than two (2) days and that the pond is drawn down to the permanent pool level within at least five (5) days. iv. MEAN POOL DEPTH The mean permanent pool depth shall be a minimum of three (3) feet. v. INLET STRUCTURE The inlet structure shall be designed to minimize turbulence using baffles or other appropriate design features. vi. VEGETATIVE FILTERS 1. Vegetative filters shall be constructed for the overflow and discharge of all stormwater wet detention ponds and shall be at least thirty (30) feet in length. 2. The slope and width of the vegetative filter shall be determined so as to provide a non -erosive velocity of flow through the filter for a ten (10) year, twenty-four (24) hour storm with a ten (10) year, one hour intensity. 3. Vegetative filters shall have a slope of five percent (5%) or less. 4. Vegetation in the filter shall be natural vegetation, grasses or artificially planted wetland vegetation appropriate for the site characteristics. VyINSTON-SALEM/FORSYTH COUNTY UDO ��2� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection b. ALTERNATIVE STORMWATER MANAGEMENT SYSTEMS Alternative stormwater management systems consisting of treatment options other than exclusive use of wet detention ponds may be permitted under the following provisions: i. APPROVAL BY THE STATE Alternative stormwater management systems must be approved by the Director of the North Carolina Department of Environmental Quality (DEQ) by either being included in the Stormwater Best Management Practices Manual of the North Carolina Department of Environment and Natural Resources, November 1995, as updated, or by being individually reviewed and approved by the Director of the DEQ. ii. DESIGN CRITERIA Alternative stormwater management systems must meet the following design criteria: 1. PERFORMANCE STANDARDS Alternative stormwater management systems shall be designed to have an eighty-five percent (85%) average annual removal of total suspended solids. 2. DISCHARGE RATE The discharge rate for an alternative stormwater management system shall meet one of the following criteria: 2.01. The discharge rate following the 1-inch design storm shall be such that the runoff draws down to the pre -storm design stage within five (5) days, but not less than two (2) days; or 2.02. The post development peak discharge rate shall equal the predevelopment rate for the one year twenty-four (24) hour storm. iii. ADDITIONAL APPLICATION AND REVIEW REQUIREMENTS If the alternative stormwater management system is not included in the Stormwater Best Management Practices Manual and therefore, must be individually reviewed and approved by the Director of DEQ, the following shall apply: 1. ADDITIONAL PLANS AND JUSTIFICATION The applicant shall submit one additional set of plans and specifications, along with a brief narrative discussing why an alternative method is proposed and is appropriate for the site. 2. REVIEW REQUIREMENTS 2.01. The Stormwater Director or a designee shall review the proposed alternative system and upon finding that it is consistent with the applicable standards shall submit it to the Division of Water Quality of the North Carolina Department of Environmental Quality (DEQ). 2.02. No stormwater quality management permit shall be issued until the alternative system is approved by the State. 3. REVIEW PERIOD Due to the requirement for State approval, the thirty (30) day review period for a stormwater quality management permit as provided in Section 3.2.12, Stormwater Quality Management Permit, shall not apply. 3. VEGETATION AND GROUND COVER a. In addition to the vegetative filters required in Section 8.2.5F.2, Stormwater Control Methods, all land areas outside of the pond shall be provided with a ground cover sufficient to restrain erosion within thirty (30) days after any land disturbance. VyINSTON-SALEM/FORSYTH COUNTY UDO ���� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection b. Upon completion of the stormwater control structure, a permanent ground cover shall be established and maintained as part of the maintenance agreement required in Section 8.2.5G.2, Operation and Maintenance Agreement. 4. BUILT -UPON AREA OF STORMWATER CONTROL STRUCTURE(S) Qualifying areas of the stormwater control structure may be considered pervious when computing total built -upon area under the requirements of Section 8.2.5C, Stormwater Quality Management Option. However, if the structure is used to compute the percent built -upon area for one site, it shall not be used to compute the built -upon area for any other site or area. G. POSTING OF FINANCIAL SECURITY AND ASSURANCE OF ONGOING MAINTENANCE Adequate financial assurance in the form of a performance bond and/or other cash security, together with a contractual lien upon the property granted by the applicant unto the jurisdiction shall be provided by the applicant for the purpose of assuring construction, continued maintenance, repairs, or reconstruction necessary for adequate completion and continued maintenance of any stormwater control structures. 1. PERFORMANCE BOND AND DEFAULT a. PERFORMANCE BOND OR OTHER SECURITY REQUIRED i. The applicant shall file with the City Treasurer or the County Treasurer one of the following: 1. A performance bond, satisfactory in form to the jurisdiction's attorney as valid, sufficient, and enforceable; 2. An irrevocable letter of credit issued by a bank in a form approved by the jurisdiction's attorney; or 3. A deposit of funds in escrow under the same terms and conditions applicable to bonds. ii. The performance bond or other security instrument shall be in amount adequate to cover the total cost of construction of the approved stormwater management control structure(s). iii. The total cost of the stormwater control structure(s) shall include the value of all materials and piping and other structures; seeding and soil stabilization; design and engineering; and grading, excavation, fill, or other work. iv. The costs shall be computed upon the assumption of an independent mobilization. v. The applicant shall submit unit cost information pertaining to all stormwater control structures and/or bids from contractors hired to perform the work as a method to determine the basis for the cost of the work. vi. The final determination for construction cost and necessary performance security shall be made by the Stormwater Director or a designee. b. DEFAULT UNDER THE PERFORMANCE BOND OR OTHER SECURITY i. Upon default of the applicant to complete and/or maintain the stormwater control structure(s) as spelled out in the performance bond or other security, the jurisdiction may obtain and use all or any portion of the funds necessary to complete the improvements. ii. Thejurisdiction shall return any funds not spent in completing the improvements to the applicant. iii. The jurisdiction may also assess the applicant for any additional funds needed to complete said improvements which assessment may be enforced by the contractual lien granted unto the jurisdiction provided for in Section 8.2.5G.3, Contractual Lien Granted the Jurisdiction. 2. OPERATION AND MAINTENANCE AGREEMENT a. The permit applicant shall enter into a binding operation and maintenance agreement between the jurisdiction and all interests in the development in accordance with the provisions of Section 8.2.51-1, Maintenance and Upkeep. VyINSTON-SALEM/FORSYTH COUNTY UDO ��3� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection b. This agreement shall require the applicant to maintain, repair, or reconstruct the stormwater control structure(s) in accordance with the approved operation and management plan provided by the applicant. c. After approval by the Stormwater Director or a designee, the applicant shall file the operation and maintenance agreement, and any revisions to the agreement with the office of the Register of Deeds. 3. CONTRACTUAL LIEN GRANTED THE JURISDICTION a. Prior to the issuance of a stormwater quality management permit, the applicant shall grant a contractual lien to the jurisdiction on all land subject to the stormwater quality management permit for the purposes of construction maintenance, repair, or reconstruction of the stormwater control structure(s) in the event of failure of the owners to maintain said structure(s) as set forth by the operation and maintenance agreement. b. Said lien shall be subordinate only to any first deed of trust recorded for the property. c. The applicant shall cause the lien to be recorded by the office of the Register of Deeds and shall deliver a copy to the Stormwater Director or a designee after recordation. 4. INSPECTION ACCESS EASEMENTS a. Prior to the issuance of a watershed occupancy permit, the applicant shall convey unto the jurisdiction, or its successors or assigns, an easement or right-of-way establishing the right of ingress, egress, and regress over the property for the purpose of inspection, repair, or maintenance of the stormwater control structure(s). b. A description of the area containing the stormwater control structure(s) within a drainage easement shall be contained within the deed filed with the office of the Register of Deeds together with any dedication necessary for access to and from the stormwater control structure(s) and a public street. c. The stormwater control structure, vegetative filters, all pipes and water control structures, including berms and dikes, and sufficient area to perform inspections, maintenance, repairs and reconstruction together with all easements and rights -of -way applying thereto shall be indicated on the application. S. RESTRICTIVE COVENANTS a. Prior to the issuance of occupancy permits, restrictive covenants shall be recorded establishing the obligation of all future transferees of the property under the stormwater quality management permit to maintain the stormwater control structure in conformance with the operation and maintenance plan. b. The restrictive covenants shall run in favor of the jurisdiction and shall provide that the jurisdiction shall have the right to enforce the restrictive covenants. c. Failure to comply with the restrictive covenants shall be deemed a violation of these standards. 6. TRANSFER OF APPLICANT'S RESPONSIBILITIES a. In lieu of having each property owner having individual responsibility under the stormwater quality management permit and the operation and maintenance agreement, the applicant may transfer such responsibilities to another entity, including a homeowner's or property owner's association, with approval of the Stormwater Director or a designee. b. The restrictive covenants or other recorded documents creating the homeowner's or property owner's association shall include provisions to assure fulfillment of the responsibilities under the stormwater quality management permit and operation and maintenance agreement. c. The Stormwater Director or a designee shall determine whether the restrictive covenants are adequate to fulfill the responsibilities of the permit and the agreement. H. MAINTENANCE AND UPKEEP 1. OPERATION AND MAINTENANCE PLAN REQUIRED a. An operation and maintenance plan shall be provided by the applicant for each stormwater control structure, indicating what operation and maintenance actions are needed, what specific quantitative VyINSTON-SALEM/FORSYTH COUNTY UDO ���� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection criteria will be used for determining when those actions are to be taken and, consistent with the operation and maintenance agreement, who is responsible for those actions. b. The plan shall clearly indicate the steps that will be taken for restoring a stormwater control structure to design specifications if a failure occurs. 2. MAINTENANCE OF VEGETATION a. Landscaping and grounds management shall be the responsibility of the applicant. b. However, vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened, or to the extent of interfering with any easement or access to the stormwater control structure. 3. NOTIFICATION OF REPAIR OR RECONSTRUCTION a. Except for general landscaping and grounds management, the applicant shall notify the Stormwater Director or a designee prior to any repair or reconstruction of the stormwater control structure. b. All improvements shall be made consistent with the approved plans and specifications of the stormwater control structure(s) and the operation and maintenance plan. c. After notification by the applicant, the Stormwater Director or a designee shall inspect the completed improvements and shall inform the applicant of any required additions, changes or modifications and of the time period to complete said improvements. 4. AMENDMENTS TO PLANS AND STRUCTURES a. Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan shall be approved by the Stormwater Director or a designee. b. Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect (to the extent allowed by Chapter 89A, of the North Carolina General Statutes) and submitted to and reviewed by the Stormwater Director or a designee. i. STORMWATER DIRECTOR OR DESIGNEE APPROVAL If the Stormwater Director or a designee approves the proposed changes, the applicant of the stormwater control structure shall file sealed copies of the revisions with the office of the Stormwater Director or a designee. ii. STORMWATER DIRECTOR OR DESIGNEE DENIAL 1. If the Stormwater Director or a designee disapproves the changes, the proposal may be reviewed and resubmitted as a new proposal. 2. If the proposal has not been revised and is essentially the same as that already reviewed, it shall be returned to the applicant. S. REQUIRED CHANGES TO PLAN a. If the Stormwater Director or a designee finds that the operation and maintenance plan is inadequate for any reason, the Stormwater Director or a designee shall notify the applicant of any required changes in writing. b. Changes shall be prepared and approved in manner described in Section 8.2.51-1.4, Amendments to Plans and Structures. 6. DISCLOSURE STATEMENT a. The continuous ongoing obligation of all subsequent property owners to operate, maintain, and re- construct the stormwater control structure(s) shall be disclosed in all deeds of conveyance. b. The deed for the property or any part there of subsequently presented for recording to the office of the Register of Deeds shall contain a full disclosure regarding the stormwater control structure(s) together with any restrictive covenants and liens pertaining to maintenance of said structure(s). c. The following statement shall appear on all deeds recorded for property developed under the stormwater quality management provisions of this section. VyINSTON-SALEM/FORSYTH COUNTY UDO 8-32 Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection NOTICE: THIS PROPERTY IS LOCATED IN A PUBLIC WATER SUPPLY WATERSHED. DEVELOPMENT RESTRICTIONS APPLY. THIS PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS AND A CONTRACTUAL LIEN REQUIRING MAINTENANCE OF A STORMWATER CONTROL STRUCTURE. I. APPLICATION AND INSPECTION FEES 1. FEES REQUIRED a. Application and inspection fees shall be paid in the form of a check or money order made payable to the City of Winston-Salem. b. Applications not accompanied by the required fee shall not be accepted. c. Application and inspection fees shall be valid for sixty (60) days. 2. APPLICATION FEE An application fee for the stormwater quality management permit as established by the Elected Body shall be required and shall include review of the application and inspection upon completion of the stormwater control structure. 3. INSPECTION FEE A fee shall be required for annual inspection of each stormwater control structure as established by the Elected Body. J. INSPECTIONS AND RELEASE OF PERFORMANCE SECURITY 1. INSPECTION UPON COMPLETION The stormwater control structure shall be inspected by the Stormwater Director or a designee after notification by the applicant that all work has been completed. At this inspection, the applicant shall provide: a. LEGAL DOCUMENTS AND RECORDATIONS The required easements, restrictive covenants, and contractual lien as required in Section 8.2.SG, Posting of Financial Security and Assurance of Ongoing Maintenance, and the survey plan for the stormwater control structure and the maintenance agreement ready for filing with the office of the Register of Deeds; and b. SEALED CERTIFICATION A certification sealed by an engineer or landscape architect, to the extent allowed by Chapter 89A of the North Carolina General Statutes, stating that the stormwater control structure(s) is complete and consistent with the approved plans and specifications. 2. INSPECTION AND APPROVALS The Stormwater Director or a designee shall inspect the stormwater control structure(s) and review the submitted materials. a. CONFORMANCE If the stormwater control structures have been constructed in conformity with these standards and consistent with the approved plans and specifications, the Stormwater Director or a designee shall approve filing of the items listed in Section 8.2.SE.3.a, Application; release up to fifty percent (50%) of the value of the performance bond or other security; and issue a watershed occupancy permit for the stormwater control structure(s) consistent with Section 3.2.17, Watershed Permits. b. DEFICIENCIES If deficiencies are found, the Stormwater Director or a designee shall direct that improvements and inspections be made and/or documents corrected and resubmitted. 3. RELEASE OF REMAINDER OF PERFORMANCE SECURITY AND REQUIRED MAINTENANCE SECURITY DEPOSIT a. No sooner than one year after the recording date of the deed(s), easements, and maintenance agreement, the applicant may request release of the remaining value of the performance bond or other security. VVINSTON-SALEM/FORSYTH COUNTY UDO 8-33 Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection b. Upon request by the owner, the Stormwater Director or a designee shall inspect the stormwater control structure to determine whether the controls are performing as designed and intended. c. If the Stormwater Director or a designee determines that the stormwater controls are performing as required, the Stormwater Director or a designee shall release the remaining performance bond or other performance security. 4. WATERSHED OCCUPANCY PERMIT FOR OTHER STRUCTURES A watershed occupancy permit shall not be issued for any structure within the permitted development until the Stormwater Director or a designee has approved the stormwater control structure(s), as provided in Section 8.2.512, Inspection and Approvals. S. ANNUAL INSPECTION a. All stormwater control structures shall be inspected at least on an annual basis to determine that the controls are performing as required by these standards. b. Records of inspection shall be maintained by the Stormwater Director or a designee. c. Annual inspections shall begin within one year of the recordation of any deed(s) showing stormwater control structure(s). d. A fee shall be required for annual inspection of each stormwater control structure as established by the Elected Body. 6. NOTIFICATION OF NECESSARY IMPROVEMENTS a. The Stormwater Director or a designee shall notify the owner of any repair or reconstruction necessary to meet the requirements of these standards. b. All repair or reconstruction shall be in accordance with the plans and specifications for the stormwater control structure and the operation and maintenance plan and shall be completed within thirty (30) days after notification by the Stormwater Director or a designee. c. Upon request of the owner, the Stormwater Director or a designee shall inspect and approve the completed repairs. 7. APPEALS Appeals of any order, requirement, decision or determination made by the Stormwater Director or a designee may be made to, and decided by, the Watershed Review Board as set forth in Section 8.2.213, Variances to Salem Lake Watershed Protection Standards. VyINSTON-SALEM/FORSYTH COUNTY UDO ���� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection BUFF EMS A. PURPOSE 1. The purpose of these standards is to establish vegetated buffer areas along all perennial waters to protect water quality by trapping and filtering pollutants before they reach a watercourse. 2. A further purpose of these standards is to meet or exceed the stream buffer requirements of the minimum watershed regulations established by the North Carolina Management Commission pursuant to Section 143-21 of the North Carolina General Statutes. B. APPLICABILITY 1. REQUIREMENT a. Stream buffers shall be required along all perennial streams within the Salem Lake Watershed as shown as a solid blue line on the most recent version of USGS 7.5 minute (1:24,000 scale) topographic maps. b. Said streams shall also be indicated on the Watershed Map and Official Zoning Maps. 2. EXEMPTIONS a. A property owner, subdivider, or developer may submit evidence to the Stormwater Director or a designee that a perennial stream has been incorrectly mapped. b. Certification by a registered professional engineer may also be submitted certifying that a stream does not have a perennial base flow. 3. INDICATED ON SITE PLANS AND PLATS Required stream buffers shall be indicated on all site plans and subdivision plats approved within the Salem Lake Watershed. C. STREAM BUFFER STANDARDS 1. WIDTH The width of the required buffer shall be the greater of: a. One hundred (100) feet measured from the bank defining the edge of the stream channel on each side of a stream and from the normal pool elevation of other watercourses; or b. The outer edge of the Federal Emergency Management Agency (FEMA) designated floodplains. 2. DEVELOPMENT IN THE STREAM BUFFER a. No development is permitted in the buffer except for the following where there is no practicable alternative to their location in the stream buffer. b. These permitted activities shall minimize built -upon area, direct runoff away from surface waters, and maximize the utilization of stormwater best management practices: i. Water dependent structures; ii. Utilities; iii. Transportation facilities, such as bridges and roads; and iv. Passive recreation uses, such as greenways and open spaces. 3. LIMITED REMOVAL OF VEGETATION In the twenty-five (25) feet closest to and on each side of a perennial stream, land disturbing activity is prohibited and removal of vegetation shall be limited to clearance of undergrowth, except as necessary for the construction of uses permitted in Section 8.2.6C.2, Development in the Stream Buffer. 4. STREAMBANK STABILIZATION Desirable artificial streambank or shoreline stabilization is permitted in the stream buffer. 8.2.7 PUBLIC HEALTH A. PUBLIC HEALTH, IN GENERAL VyINSTON-SALEM/FORSYTH COUNTY UDO LAST UPDATED: 4.18.19 Italics text: Applicable in Winston-Salem only 8-35 Underlined text: Applicable in Forsyth County only Chapter 8 Environmental Provisions Section 8.2 Salem Lake Watershed Protection 1. No activity, situation, structure or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety, and welfare. 2. Such conditions may arise from inadequate on -site sewage systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer area; the absence or improper implementation of a spill containment plan for hazardous materials; the improper management of stormwater runoff, or any other situation found to pose a threat to water quality. B. ABATEMENT 1. IDENTIFICATION OF SITUATIONS The Stormwater Director or a designee shall monitor land use activities within the watershed areas to identify situations that may pose a threat to water quality. 2. REPORT CONCERNING SITUATIONS a. The Stormwater Director or a designee shall report all findings to the Director of Planning. b. The Director of Planning may consult with any public agency or official and request recommendations. c. The Director of Planning shall prepare a report and make recommendations to the Planning Board. 3. PLANNING BOARD AND ELECTED BODY ACTION Where the Planning Board finds a threat to water quality and the public health, safety and welfare, the Planning Board shall make recommendations to the Elected Body who may institute any appropriate action or proceeding to restrain, correct or abate the condition and/or violation. VyINSTON-SALEM/FORSYTH COUNTY UDO ���� Italics text: Applicable in Winston-Salem only LAST UPDATED: 4.18.19 Underlined text: Applicable in Forsyth County only