Resources

Stormwater Drainage Standards

NC Division of Water Quality Stormwater BMP Manual (Manual)
Storm Drainage Design Manual (Manual)
Stormwater Management Manual (Manual)

1. maintain and enhance the visual character of the city and contribute to economic growth and prosperity;
2. control surface water runoff;
3. improve air quality;
4. moderate temperatures;
5. provide wildlife habitat; and
6. conserve water.

Effective on: 1/1/1901

1. principal buildings or open uses of land developed, constructed, reconstructed, or established after October 17, 2000;
2. changes in use that result in an increase of 2 or more in the Land Use Classification number, in which case the tree conservation requirements of this section apply to the entire zone lot;
3. All expansions of buildings, parking areas, or open uses of land, except the first 3,000 square feet of expansion to buildings, parking areas, or open uses of land existing on October 17, 2000 (Note: the tree conservation requirements of this section are applicable only to the expansion).

Effective on: 1/1/1901

1. Single-family detached, two-family attached, or duplex dwellings on their own lots.
2. Multi-family developments containing 8 or fewer dwelling units on a single zone lot.
3. Properties within or surrounded by the CB, Central Business district.
4. Tree removal involving the disturbance of 3,000 square feet or less of critical root zone that is not inconsistent with any plan previously approved by the city or county. The Planning Director is authorized to require reasonable documentation that such removal is not associated with a forthcoming development proposal and will not be inconsistent with any plan previously approved by the city or county. Willful violations of the requirement to provide such documentation may result in the assessment of tree disturbance penalties in accordance with 30-5-5.5.
5. Property covered by an active forestry management plan written by a North Carolina Registered Forester, provided documentation has been furnished to the Planning Director.

Effective on: 1/1/1901

Figure 12-1, Tree Conservation Area (25' Buffer)

1. 2. Construction site activities such as parking, material storage, dirt stockpiling, concrete washout and other similar activities are prohibited within the tree conservation area.
   3. Changes to the grade of soil that compromise the tree conservation area by increasing or decreasing soil moisture content must be avoided.
   4. A reasonable effort must be made to have utility line trenches and similar uses avoid the tree conservation area. Due to certain site conditions, where disturbance within the tree conservation area is unavoidable, underground tunneling or directional boring of utilities is preferred. Trenching, with the approval of the Planning Director, may be used only as the last alternative and root pruning equipment specifically designed for that purpose must be used.
   5. Protective fencing must be installed around the tree conservation area before any tree disturbing activities. Such fences must be at least 4 feet in height and must consist of orange polyethylene safety fencing. Where the tree protection fence and the soil erosion control fence run congruent, the soil erosion control fence may be substituted for the tree protection fence. Fencing must remain in place until construction is complete and other landscaping has been installed, and the Planning Director has approved its removal.
   6. The tree conservation area must be designated as such with “Tree Conservation Area” signs posted visibly on the outside of the fenced-in area. Signs may not be posted on trees.

3. Evaluation of Specimen Trees and Stands of Trees
   Existing specimen trees and stands of trees must meet all of the following conditions to be considered for the tree conservation area:
   1. a life expectancy of greater than 10 years;
   2. a relatively sound and solid trunk with no extensive decay; and
   3. no major insect or pathological problems.
4. Dead or Unhealthy Trees
   1. No tree conservation credit will be allowed for any dead tree, any tree in poor health, or any tree subjected to grade alterations.
   2. Maintenance of the tree conservation area is the responsibility of the property owner and/or the owners’ association. All dead, dying, or substantially damaged trees shall be replaced at the rate specified in 30-5-5.5, Table 5-2.
   3. The Planning Director may require trees left standing outside of the tree conservation area to be removed if improperly protected or determined to be hazardous.

Effective on: 1/1/1901

2. Trees to be Saved
   If trees of 4 inches or greater DBH exist within or partially within tree conservation areas, such trees must be saved to the extent possible. The area will be designated TCA and may not be disturbed, except as expressly allowed under this section.
3. Smaller Trees
   Trees less than 4 inches DBH within the TCA may be preserved at the landowner’s option.
4. Other Provisions
   The requirements of this section may be modified to permit the establishment of the TCA pursuant to 30-12-1.6.
5. TCA Selection
   In selecting which existing stands of trees are to be designated as TCA, the landowner must give due consideration to building, parking lot, driveway, street and utility locations as they relate to the practicality of tree conservation and must use the following tree conservation priority list:
   1. First Priority for Conservation
      Existing stands of hardwoods growing in or adjacent to stream protection buffers as highest priority
   2. Second Priority for Conservation
      Existing stands of hardwoods growing on upland sites
   3. Third Priority for Conservation
      Existing specimen trees (as determined by the Planning Director).
   4. Fourth Priority for Conservation
      Existing stands of hardwoods and pine mix.
   5. Fifth Priority for Conservation
      Existing stands of pine trees.
6. Activities Allowed in TCA
   The following are permitted in the required TCA with prior approval of the Planning Director, provided there is no disturbance to the critical root zone of the preserved trees.
   1. Landscaping features including planting boxes, sculpture, arbors, trellises, birdbaths and wood fences, provided they are installed by hand (no motorized vehicles).
   2. Outdoor furniture, ornamental entry columns and gates, flagpoles, lampposts, address posts, mailboxes, or similar structures.
   3. Cornices, steps, canopies, overhanging eaves and gutters, window sills, bay windows or similar architectural features, fire escapes, fire balconies, and fire towers which project not more than 2.5 feet into any required TCA.
   4. Wheelchair ramps except for porches, walkways, sidewalks, and landings.
   5. Steps not connected to any above-grade structure.
   6. Trails and greenways, provided they are constructed to minimize disturbance and impacts on the TCA critical root zone area.
   7. Disturbance within the critical root zone will be allowed only on one side of the trees to be saved. Disturbance to the critical root zone may not exceed 25% of the tree’s total critical root zone area.
7. Tree Removal Inside the Critical Root Zone (TCA)
   Trees less than 4 inches DBH not being preserved, undergrowth and plant material in poor condition may be removed from the TCA. No roots may be removed from the TCA. Stumps may be removed only by grinding. All requests for tree removal within the TCA must have prior approval by the Planning Director pursuant to the provisions of this section. However, in an emergency situation due to storm damage; to alleviate an imminent hazard to the health, safety and welfare of the citizens; or to repair property damage, prior approval for tree removal in previously approved designated areas is not required.
8. Certification
   All allowed vegetation removal must be done or supervised by an experienced urban forester, landscape architect or certified arborist, who will certify that the tree and root removal or pruning was done in accordance with standard arboricultural practices.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

(Amended by Ord. 12-114 on 10/2/12)

Effective on: 1/1/1901

1. The term "transmission lines" as it is used herein means electric utility lines in the Duke Energy Carolinas' service territory energized at voltages greater than 44,000 volts and typically carried on steel poles or towers; however, some lower voltage transmission lines may be on wood pole structures.
2. 2. 30-12-1.9 through 30-12-1.15 of this Ordinance do not apply to nor prohibit vegetation management activities pertaining to non-routine vegetation management which includes, without limitation, customer requested work (such as construction projects where new service lines are requested or projects where lines need to be relocated or extended), maintenance of overhead facilities (such as changing out transformers, other pole-mounted equipment or damaged or rotten poles), North Carolina Department of Transportation related work, addressing public safety incidents, or restoring the utility service following emergencies or any other unanticipated interruption or outage.
   3. 30-12-1.9 through 30-12-1.15 of this Ordinance shall not apply to nor prohibit the vegetation maintenance of any tree or shrub on public or private property within the City limits, if such vegetation maintenance is done in order to repair or replace the same as a result of damage or deterioration as a result of accident, casualty, or natural elements such as wind, rain, ice, electrical storm, or the like.

4. Legality of Chapter or Parts Thereof
   Should any section, clause or provision of 30-12-1.9 through 30-12-1.15 of this Ordinance be declared by the courts to be invalid, the same shall not affect the validity of any other provision of 30-12-1.9 through 30-12-1.15 of this Ordinance.
5. Violations; Stop Work Orders
   If a utility does not comply with 30-12-1.9 through 30-12-1.15 of this Ordinance, then the Urban Forester is authorized to issue a stop work order to the utility.

(Amended by Ord. 13-73 on 6/18/13)

Effective on: 1/1/1901

If the vegetative management plan is timely submitted and the vegetative management plan sets forth the information required in this sub-section, then the vegetative management plan shall be accepted within 10 business days following the submission of it to the City.

2. If a utility company desires to amend its vegetative management plan at any time during the year, the utility company shall submit an amended annual vegetative management plan to the Urban Forester of the City, which amended vegetative management plan shall:
   1. depict the general areas involved in the maintenance plan, and
   2. set forth the maintenance schedule for vegetation line maintenance within the City’s limits.

If the amended vegetative management plan sets forth the information required in this sub-section, then the amended vegetative management plan shall be accepted within 10 business days following the submission of it to the City.

3. Operational Plan
   1. If a utility desires to perform vegetation maintenance within the City limits or upon any City-owned or controlled property, then the utility company shall obtain the acceptance of an operational plan before commencing any such desired vegetation maintenance. After the submission of an annual vegetative management plan, each utility company shall submit an operational plan to the Urban Forester of the City depicting in specific detail the circuits, locations, and timing involved in the line maintenance 60 days prior to commencement of work, unless a shorter period of time is mutually agreed upon by the City and the utility company. In connection with the submission of the operational plan to the Urban Forester of the City, it is required that there be a meeting between the utility company and the Urban Forester of the City for the purpose of reviewing the operational plan before it is accepted. If the operational plan is timely submitted, the aforementioned meeting occurs, and the operational plan sets forth specific detail required in this sub-section, then the operational plan shall be accepted within 10 business days following the submission of it to the City.
   2. If a utility company desires to amend its operational plan at any time during the year, the utility company shall submit an amended operational plan to the Urban Forester of the City depicting in specific detail the circuits, locations, and timing involved in the line maintenance 60 days prior to commencement of work, unless a shorter period of time is mutually agreed upon by the City and the utility company. In connection with the submission of the amended operational plan to the Urban Forester of the City, it is required that there be a meeting between the utility company and the Urban Forester of the City for the purpose of reviewing the amended operational plan before it is accepted. If the amended operational plan is timely submitted, the aforementioned meeting occurs, and the amended operational plan sets forth specific detail required in this sub-section, then the amended operational plan shall be accepted within 10 business days following the submission of it to the City.

(Amended by Ord. 13-73 on 6/18/13)

Effective on: 1/1/1901

1. 1. Such prior notification shall be attempted at least 7 calendar days prior to the date that the vegetation maintenance is scheduled to commence, unless circumstances reasonably require a shorter time period.
2. 2. Meeting With Owners Or Residents Of Occupied Property
      If an owner or resident of Occupied Property requests a meeting with a utility regarding vegetation maintenance that is to occur on said property, then the utility shall make reasonable efforts to meet with the owner or resident of said property to discuss which trees will be impacted and which methods will be utilized by the utility in connection with the vegetation maintenance.
   3. Provision of Authority
      If an owner or resident of Occupied Property so requests, a utility subject to the jurisdiction of the North Carolina Utilities Commission shall provide a copy of written authority to perform vegetation maintenance on the property. Acceptable written authority may include, but not be limited to, pertinent service regulations on file with the North Carolina Utilities Commission.

(Amended by Ord. 13-73 on 6/18/13)

Effective on: 1/1/1901

1. Utility’s Vegetation Management Plan: http://ncuc.commerce.state.nc.us/cgi-bin/webview/senddoc.pgm?dispfmt=&itype=Q&authorization=&parm2=CAAAAA16221B&parm3=000138905
   
   Old Design Urban Circuits: http://ncuc.commerce.state.nc.us/cgi-bin/webview/senddoc.pgm?dispfmt=&itype=Q&authorization=&parm2=LAAAAA12131B&parm3=000138905
   
   The utility shall provide the City of Greensboro’s City Attorney with notice of any proposed revision to its vegetative management plan, including the Old Design Urban Circuits, which was filed with the NCUC on April 30, 2013 as a supplement to its vegetative management plan, that would impact its distribution system at the same time that it files such proposed revision with the North Carolina Utilities Commission.

1. 2. Regardless of whether a utility files a vegetative management plan with the North Carolina Utilities Commission, a utility shall comply with the following in connection with any vegetation maintenance within the City limits:
      1. No obvious “hangers” shall be left in the trees after performing line clearance activities. The term hanger limb, as used herein, means a cut limb that is left in a tree after pruning operations are complete.
      2. Limbs shall be pruned back to an appropriate new leader, heading away or around the lines. In no circumstances are stubs or abruptly pruned limbs to be left by the pruning. The term leader, as used herein, means a dominant upright stem which is usually the main trunk of a tree.
      3. Utility companies shall use natural pruning which requires all cuts to be made at laterals (limb junctions). These lateral limbs shall be no less than one-third the diameter of the limb removed at the point of removal. The term lateral limb, as used herein, means a subordinate limb originating from a main branch or stem.
      4. For the removal of a limb the triple cut method shall be used if there is a possibility that the limb may tear out from the trunk if a single cut is made.
      5. When virulent disease is prevalent, as per written notification of the Urban Forester, the Urban Forester will work with the utility to develop a reasonable plan to properly prune or remove the subject tree. This plan will be designed to prevent the spread of disease as a result of line clearance activities.
      6. Under normal circumstances, no more than one-fourth of a tree’s crown shall be removed per year. If reduction of more than one-fourth or 25 percent of a tree’s crown is needed for safety and reliability clearances, or if the tree is otherwise a danger tree, the tree should be evaluated by the utility company for removal. The term danger tree, as it is used in 30-12-1.9 through 30-12-1.15 of this Ordinance, means a tree that has the potential of adversely impacting utility service by falling into a utility line as a result of being cut, blown into, or otherwise falling, by virtue of its physical condition.
      7. The use of “tree paint”, “wound dressing”, and the like is not recommended.
      8. Climbing irons, spurs, or spikes are not to be used unless in accordance with the ANSI A300 standard.
      9. Topping and rounding over of trees is prohibited.
      10. Vegetation maintenance shall be done using the “ANSI A300 method” (part 1) BMP manual compiled by the International Society of Arboriculture, and subsequent revisions.

2. Determinations by Utility Companies That a Tree Is To Be Removed; Appeal Process
   1. Nothing in this subsection shall be construed to preclude, prevent, or impair any property owner, resident, the City or utility from pursuing its legal remedies before the North Carolina Utilities Commission or from requesting the assistance of the Public Staff of the North Carolina Utilities Commission formally or informally at any time pursuant to the procedures set forth by those agencies.
   2. If a utility company determines that a tree must be removed in its entirety from Occupied Maintained Property within the City limits, then the utility company shall make reasonable efforts to seek the consent of the owner or resident of the Occupied Maintained Property. Reasonable efforts by a utility company to seek the consent of the owner or resident of the Occupied Maintained Property may include any of the following, without limitation:
      1. a request for consent to remove a tree set forth on a door hanger;
      2. a request for consent to remove a tree made in a communication with said owner or resident;
      3. a request for consent to remove a tree set forth in a message left on the answering machine or voicemail of said owner or resident;
      4. a request for consent to remove a tree set forth in a letter served by mail to said owner or resident;
      5. a request for consent to remove a tree made during a meeting with said owner or resident on the affected property; or
      6. a request for consent to remove a tree served by email to said owner or resident.

1. If an owner or resident of Occupied Maintained Property expresses verbally or in writing to the utility company that said owner or resident does not consent to the tree removal intended by the utility company, then the utility company shall not remove the subject tree unless permitted to do so by the Urban Forester or the North Carolina Utilities Commission or through resolution of the matter through the involvement of the Consumer Services Division of the Public Staff of the North Carolina Utilities Commission, as provided for herein below.
2. 3. If:
      1. an owner or resident of the Occupied Maintained Property expresses in writing or verbally that said owner or resident does not consent to removal of the tree desired to be removed by the utility company, or
      2. said owner or resident fails to express verbally or in writing a position with respect to consent within 5 business days of when the utility company first made its reasonable efforts to seek consent, unless a shorter time is reasonably necessary in light of the immediate danger and/or interference to the overhead utility lines posed by the subject tree; then, in either situation, the utility company may request that the Urban Forester issue a written determination as to whether a tree in dispute on public or private property shall be removed, and the following shall govern the process and determination by the Urban Forester:
         1. The Urban Forester shall rule that the tree in dispute shall be removed if the Urban Forester determines that the tree is a danger tree as defined above in 30-12-1.12(A) 2) e).
         2. The utility company shall serve a written request for determination to the Urban Forester (the “Written Request for Determination to the Urban Forester”), which Written Request for Determination to the Urban Forester may be a letter or email addressed to the Urban Forester, and which written request for determination shall include at least the following:
            1. The address of the property where the tree in dispute is located;
            2. A reasonable identification of the tree in dispute;
            3. The approximate date that the utility company communicated to the owner or resident of the Occupied Maintained Property that the tree had been determined to be required to be removed;
            4. The approximate date that the owner or resident of the Occupied Maintained Property communicated that consent for removal was not being provided, if any such request was provided.
         3. Within 5 business days of the request by the utility company, unless a shorter time is reasonably necessary in light of the immediate danger and/or interference to the overhead utility lines posed by the subject tree, the Urban Forester shall conduct a meeting with the owner or resident of the Occupied Maintained Property and utility company at the property where the tree in dispute is located. The date and time of the meeting shall be determined by and communicated by the Urban Forester by telephone or by written notice served by mail, email or hand-delivery. At the meeting, the utility company may explain why the tree in dispute should be removed and the owner or the resident of the Occupied Maintained Property may explain why the tree should not be removed.
         4. Regardless of when a meeting is conducted or whether a meeting actually is conducted, the Urban Forester shall make a written determination of whether the tree in dispute shall be removed within 5 business days of service of the initial Written Request for Determination to the Urban Forester (the “5 Day Deadline for the Urban Forester to Make a Determination”).
         5. A written determination by the Urban Forester (the “Written Determination of the Urban Forester”), setting forth the basis for his decision, shall be served by mail, email or hand-delivery to the owner or resident of the Occupied Maintained Property and the utility company, and the Written Determination of the Urban Forester shall include at least the following:
            1. The address of the property where the tree in dispute is located;
            2. A reasonable description of the tree in dispute;
            3. The names of the owner or resident of the Occupied Maintained Property and the utility company involved in the tree removal dispute;
            4. The date of the meeting at the property. If a meeting was not conducted, then the Urban Forester shall briefly explain why a meeting was not conducted.
            5. A written statement that the tree in dispute shall or shall not be removed.
            6. If an owner or resident of the Occupied Maintained Property or a utility company desires to appeal the Written Determination of the Urban Forester, then the appealing party may file a formal complaint with the North Carolina Utilities Commission pursuant to G.S. §62-73 or G.S. §62-74. Complaints to the North Carolina Utilities Commission may be addressed to the Chief Clerk, North Carolina Utilities Commission, 4325 Mail Service Center, Raleigh, NC 27699-4325. Prior to filing a formal complaint with the North Carolina Utilities Commission, said party may request informal resolution of the issue through the involvement of the Consumer Services Division of the Public Staff of the North Carolina Utilities Commission. If said owner or resident appealing an adverse Written Determination of the Urban Forester does not file said formal complaint with the North Carolina Utilities Commission or, in the alternative, request informal resolution of the issue through the involvement of the Public Staff of the North Carolina Utilities Commission within 7 business days of service of the Written Determination of the Urban Forester, the utility may proceed to remove the tree in question.
            7. If a party opts to request informal resolution of the issue through the involvement of the Public Staff of the North Carolina Utilities Commission, such request shall be served on the Consumer Services Division of the Public Staff of the North Carolina Utilities Commission and the adverse party (i.e., the utility company or the property owner) within 7 business days of the service of the Written Determination of the Urban Forester. Service on the Consumer Services Division of the Public Staff of the North Carolina Utilities Commission may be made by using any of the following: the mailing address of Public Staff, Consumer Services Division, 4326 Mail Service Center, Raleigh, North Carolina 27699; the fax number of (919) 733-4744; or the email address of consumer.services@psncuc.nc.gov. The request for informal resolution to the Consumer Services Division of the Public Staff of the North Carolina Utilities Commission shall include at least the following:
               1. A clear statement that the appealing party is seeking review by and assistance from the Public Staff of the North Carolina Utilities Commission with respect to the Written Determination of the Urban Forester.
               2. A copy of the Written Determination of the Urban Forester.
               3. Contact information for the party sending the Written Appeal to the Public Staff of the North Carolina Utilities Commission (name, address, telephone number, email if available).
            8. If the involvement of the Consumer Services Division of the Public Staff of the North Carolina Utilities Commission does not result in resolution of the issue in a manner that is satisfactory to the owner, resident, or utility, then said party may file a formal complaint with the North Carolina Utilities Commission pursuant G.S. § 62-73 or G.S. § 62-74 and the North Carolina Utilities Commission’s rules and regulations. If said complaint is not filed at the North Carolina Utilities Commission within 7 business days of the conclusion of the Public Staff’s involvement, the utility may proceed to remove the tree in question.
            9. If the utility company desires to appeal the failure of the Urban Forester to rule within the 5 Day Deadline for the Urban Forester to Make a Determination, then the utility may file an expedited, formal complaint to the North Carolina Utilities Commission pursuant to G.S. § 62-74.
            10. With respect to all written documents served in this 30-12-1.12(B):
                1. In addition to service upon the Urban Forester, the North Carolina Utilities Commission, or the Consumer Services Division of the Public Staff of the North Carolina Utilities Commission, when applicable, service of said written documents shall be contemporaneously made upon the adverse party (i.e., the owner or resident of the Occupied Maintained Property or the utility company).
                2. Service by mail of a written document shall be complete upon deposit of the paper enclosed in a post-paid, properly addressed wrapper in a post office or official depository under the exclusive care and custody of the United States Postal Service.
                3. Service by email of a written document shall be complete upon the act of sending the electronic correspondence to a proper address regularly used by the recipient of the electronic correspondence.
                4. Service by fax shall be complete upon the sending of a written document to the intended recipient by a confirmed fax transmission to a proper fax number regularly used by the recipient of the fax transmission, as further evidenced by a fax receipt confirmation.
                5. Service by hand-delivery of the written document shall be complete upon handing it to the following when applicable:
                   1. The owner or resident of the Occupied Maintained Property;
                   2. A representative of the utility company who is involved in the subject tree dispute;
                   3. The Urban Forester.

(Amended by Ord. 13-73 on 6/18/13)

Effective on: 1/1/1901

(Amended by Ord. 13-73 on 6/18/13)

Effective on: 1/1/1901

(Amended by Ord. 13-73 on 6/18/13)

Effective on: 1/1/1901

1. the challenges and problems experienced by the City of Greensboro;
2. the challenges and problems experienced by the utility;
3. the successes experienced by the City of Greensboro;
4. the successes experienced by the utility; and
5. what the City of Greensboro and the utility can try to do differently in an effort to enhance future communication, execution of future tree pruning, trimming and cutting and opportunities to continue to promote the enhancement of the urban tree canopy.

(Amended by Ord. 13-73 on 6/18/13)

Effective on: 1/1/1901

(Amended by Ord. 21-011 on 1/19/21)

Effective on: 1/19/2021

1. No encroachments, including but not limited to, fill, new construction, substantial improvements, and other developments shall be permitted unless it has been demonstrated that:
   1. The proposed encroachments will not result in any increase in flood levels during occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Water Resources Director prior to issuance of a floodplain development permit, or
   2. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) must also be obtained within 6 months upon completion of the proposed encroachment.
2. If subsection (A) (immediately above) is satisfied, all development must comply with all applicable flood hazard reduction provisions of this section.
3. No manufactured homes shall be permitted, except replacement manufactured homes in an existing manufactured dwelling park or subdivision, provided the following provisions are met:
   1. The anchoring and the elevation standards of 30-12-2.3(B)3); and
   2. The no encroachment standard of subsection (A), above is satisfied.

(Amended by Ord. 21-011 on 1/19/21)

Effective on: 1/19/2021

2. Specific Standards
   In all areas of special flood hazard where base flood elevation (BFE) data has been provided and in future conditions flood hazard areas where future conditions flood elevations data has been provided, as set forth in 30-12-2.1(F) or 30-12-2.3(C)2)b) the following provisions, in addition to 30-12-2.3(A), are required:
   1. Residential Construction
      New construction and substantial improvement of any residential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the automatic equalization of hydrostatic forces on both sides of the walls of enclosures below the lowest floor shall be provided.
   2. Nonresidential Construction
      New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall have the reference level, including basement, elevated no lower than the regulatory flood protection elevation. Structures located in A, AE, AO, AH, A1-A30, and X (Future) zones may be floodproofed to the regulatory flood protection elevation in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the regulatory flood protection elevation are water tight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. For AO Zones, the floodproofing elevation shall be in accordance with 30-12-2.3(E)2). A registered professional engineer or architect shall certify that the floodproofing standards of this subsection are satisfied. Such certification shall be provided to the Water Resources Director as set forth in 30-4-26.10 along with the operational, inspection and maintenance plans.
   3. Manufactured Dwellings
      1. New and replacement manufactured dwellings shall be elevated on a permanent foundation such that the reference level of the manufactured dwelling is elevated no lower than the regulatory flood protection elevation and shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by engineer certification, or in accordance with the most current edition of the State of North Carolina Regulations for Manufactured Homes adopted by the Commissioner of Insurance pursuant to NCGS §143-143.15.
      2. When the required elevation will be met by elevating the chassis 36 inches or less above grade, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is more than 36 inches in height, engineering certification is required.
      3. All enclosures or skirting below the lowest floor shall meet the requirements of 30-12-2.3(B)5)a), 30-12-2.3(B)5)b) and 30-12-2.3(B)5)c).
      4. An evacuation plan shall be prepared for evacuation of all residents of all new, substantially improved, and substantially damaged manufactured dwelling parks or subdivisions located within flood prone areas. This plan shall be filed with and approved by the Water Resources Director and the local Emergency Management Coordinator.
   4. Recreational Vehicles
      A recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions. Recreational vehicles placed on sites shall either:
      1. Be in the recreational vehicle park for fewer than 180 consecutive days and be fully licensed and ready for highway use; or
      2. Meet the requirements of 30-4-26.6, Floodplain Development Application, Permit and Certification requirements; 30-12-2.3(A), General Standards, and 30-12-2.3(B)3), just as if the recreational vehicle were a manufactured dwelling.
   5. Elevated Buildings
      Fully enclosed area, other than a basement, of new construction and substantially improved structures that is below the lowest floor and is subject to flooding:
      1. Shall not be designed or used for human habitation, but shall only be used for the parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator). The interior portion of such enclosed area shall not be finished or partitioned into separate rooms, except to enclose storage areas;
      2. Shall be constructed entirely of flood resistant materials below the regulatory flood protection elevation; and
      3. Shall include in Zones A, AO, AE, AH, A1-A30, and X (Future) flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. Designs for complying with this requirement must be either certified by a registered professional engineer or architect or meet or exceed the following minimum design criteria:
         1. Provide a minimum of 2 flood openings on different sides of each enclosed area subject to flooding having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
         2. If a building has more than one enclosed area, each enclosed area must have flood openings to allow floodwaters to automatically enter and exit;
         3. The bottom of all required flood openings shall be no higher than one foot above the higher of the inerior or exterior adjacent grade;
         4. Flood openings may be equipped with screens, louvers, or other coverings or devices provided they permit the automatic flow of floodwaters in both directions; 
         5. Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings in accordance with 30-12-2.3(B)5)a), 30-12-2.3(B)5)b) and 30-12-2.3(B)5)c); and
         6. Shall not be temperature controlled or conditioned.
   6. Additions/Improvements
      1. Where the additions and/or improvements to pre-FIRM structures, in combination with any interior modifications to the existing structure are not a substantial improvement, the additions and/or improvements shall be designed to minimize flood damages and must not be any more nonconforming than the existing structure.
      2. Where the additions and/or improvements to pre-FIRM structures, in combination with any interior modifications to the existing structure are a substantial improvement, the additions and/or improvements, for both the existing structure and the addition and/or improvements must comply with the standards for new construction.
      3. Additions to post-FIRM structures with no modifications to the existing structure other than a standard door in the common wall shall require only the addition to comply with the standards for new construction.
      4. Where the addition and/or improvements to post-FIRM structures, in combination with any interior modifications to the existing structure are not a substantial improvement, only the addition shall comply with the standards for new construction.
      5. Where the addition and/or improvements to post-FIRM structures, in combination with any interior modifications to the existing structure are a substantial improvement, both the existing structure and the addition and/or improvements must comply with the standards for new construction.
   7. Temporary Nonresidential Structures
      Prior to the issuance of a floodplain development permit for a temporary structure, the applicant must submit to the Floodplain Administrator a plan for the removal of such structure(s) in the event of a hurricane, flash flood or other type of flood warning notification. The following information shall be submitted in writing to the Floodplain Administrator for review and written approval:
      1. A specified time period for which the temporary use will be permitted. Time specified may not exceed 3 months, renewable up to one year;
      2. The name, address, and phone number of the individual responsible for the removal of the temporary structure;
      3. The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification);
      4. A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and
      5. Designation, accompanied by documentation, of a location outside the special flood hazard area or future conditions flood hazard area, to which the temporary structure will be moved.
   8. Accessory Structures
      An accessory structure with a footprint less than 150 square feet that satisfies the criteria outlined below does not require an elevation or floodproofing certificate. Elevation or floodproofing certifications are required for all other accessory structures in accordance with 30-4-26.10. When accessory structures (sheds, detached garages, etc.) are to be placed within a special flood hazard area or future conditions flood hazard area, the following criteria shall be met:
      1. Accessory structures shall not be used for human habitation (including working, sleeping, living, cooking or restroom areas);
      2. Accessory structures shall not be temperature-controlled;
      3. Accessory structures shall be designed to have low flood damage potential;
      4. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters;
      5. Accessory structures shall be firmly anchored in accordance with 30-12-2.3(A)1);
      6. All service facilities such as electrical shall be installed in accordance with 30-12-2.3(A)4); and
      7. Flood openings to facilitate automatic equalization of hydrostatic flood forces shall be provided below Regulatory Flood Protection Elevation in conformance with 30-12-2.3(B)5)c).
   9. Tanks
      When gas and liquid storage tanks are to be placed within a Special Flood Hazard Area, the following criteria shall be met:
      1. Underground tanks.  Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty.
      2. Above-ground tanks, elevated.  Above-ground tanks in flood hazard areas shall be elevated to or above the Regulatory Flood Protection Elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood.  Tank-supporting structures shall meet the foundation requirements of the applicable flood hazard area.
      3. Above-ground tanks, not elevated.  Above-ground tanks that do not meet the elevation requirements of 30-12-2.3(B)(2) of this ordinance shall be permitted in flood hazard areas provided the tanks are designed, constructed, installed, and anchored to resist all flood-related and other loads, including the effects of buoyancy, during conditions of the design flood and without release of contents in the floodwaters or infiltration by floodwaters into the tanks.  Tanks shall be designed, constructed, installed, and anchored to resist the potential buoyant and other flood forces acting on an empty tank during design flood conditions.
      4. Tank inlets and vents.  Tank inlets, fill openings, outlets and vents shall be:
         1. At or above the Regulatory Flood Protection Elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and
         2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.
   10. Other Development.
       1. Fences in regulated floodways and NEAs that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations outlined in 30-12-2.2 of this ordinance.
       2. Retaining walls, sidewalks and driveways in regulated floodways and NEAs.  Retaining walls and sidewalks and driveways that involve the placement of fill in regulated floodways shall meet the limitations outlined in 30-12-2.2 of this ordinance.
       3. Roads and watercourse crossings in regulated floodways and NEAs.  Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations outlined in 30-12-2.2 of this ordinance.
       4. Commercial storage facilities are not considered “limited storage” as noted in this ordinance, and shall be protected to the Regulatory Flood Protection Elevation as required for commercial structures.
          
3. Standards for Floodplains without Established Base Flood Elevations
   1. Within the areas of special flood hazard designated as Approximate Zone A and established in 30-12-2.1(F) where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to 30-12-2.3(A) apply within such areas for all new construction and substantial improvements:
   2. No encroachment, including fill, new construction, substantial improvements, or new development shall be permitted within a distance of 30 feet each side from the top of the stream bank or 5 times the width of the stream, whichever is greater, unless certification (with supporting technical data) by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
   3. The base flood elevation (BFE) used in determining the regulatory flood protection elevation shall be determined based on the following:
      1. All subdivision, manufactured dwelling site and other development proposals shall provide base flood elevation (BFE) data if development is greater than 5 acres or has more than 50 lots/manufactured dwelling sites. Such base flood elevation (BFE) data shall be adopted by reference per 30-12-2.1(F) to be utilized in implementing this section.
      2. When base flood elevation (BFE) data is available from other sources, all new construction and substantial improvements within such areas shall comply with the provisions of 30-12-2.3(B) for elevation (or floodproofing of nonresidential structures) and non-elevation design requirements as well as certification requirements.
      3. When base flood elevation data is not available from a federal, state, or other source as outlined in 30-12-2.3(C)2)b), the reference level shall be elevated or floodproofed (nonresidential) no lower than the regulatory flood protection elevation. All non elevation design and certification requirements of 30-12-2.3(B) shall also apply.
   4. When floodway or no encroachment area data is available from other sources, in addition to the base flood elevation data, from other sources, all new construction and substantial improvements within such areas shall comply with the provisions of 30-12-2.2(A) for encroachment requirements as well as those of 30-12-2.3(B) for elevation (or floodproofing of nonresidential structures) and non-elevation design requirements as well as certification requirements for both.
4. Standards for Riverine Floodplains with BFE but without Established Floodways or Non-Encroachment Areas
   Along rivers and streams where BFE data is provided but neither floodway nor non-encroachment areas are identified for a special flood hazard area on the FIRM or in the FIS report, the following requirements shall apply to all development within such areas:
   1. Standards outlined in 30-12-2.3(A) and 30-12-2.3(B); and
   2. Until a regulatory floodway or non-encroachment area is designated, no encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted unless certification with supporting technical data by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
5. Standards for Areas of Shallow Flooding (AO Zones)
   Located within the areas of special flood hazard established in 30-12-2.1(F) are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. In addition to 30-12-2.3(A), all new construction and substantial improvement, shall meet the following requirements:
   1. The reference level shall be elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of 2 feet above the highest adjacent grade. If no depth number is specified, reference level shall be elevated at least 2 feet above the highest adjacent grade plus a freeboard of 2 feet.
   2. All new construction and substantial improvements of nonresidential structures shall:
      1. Have the reference level elevated at least as high as the depth number specified on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of 2 feet above the highest adjacent grade. If no depth number is specified, reference level shall be elevated at least 2 feet above the highest adjacent grade plus a freeboard of 2 feet; or
      2. Be completely floodproofed, together with attendant utility and sanitary facilities, to or above that level required in 30-12-2.3(E)2)a) so that the structure below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as per 30-4-26.10 and 30-12-2.3(B)2).
   3. Adequate drainage paths shall be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
6. Standards for Intermittent and Perennial Streams Without Established Special Flood Hazard Areas
   Along intermittent and perennial streams where no special flood hazard area has been identified on the FIRM or in the FIS report, the following provisions shall apply to all development within such areas:
   1. Except for streets, bridges, and utilities, no encroachments shall be permitted in drainage maintenance and utility easements as required by the subdivision standards of Article 13 unless granted an easement release. Except for streets, bridges, and utilities, no encroachment, including fill, new construction, substantial improvements, or new development shall be permitted within a distance of 30 feet each side from the top of the stream bank or 5 times the width of the stream, whichever is greater, unless certification with supporting technical data by a registered professional engineer is provided demonstrating the impact of such encroachments on flood levels during the occurrence of the base flood discharge. The degree of such impact shall be reviewed and subject to approval by the Water Resources Director prior to the commencement of any development activities.
   2. If base flood elevation data is available from other sources, all new construction and substantial improvements within such areas shall comply with all applicable flood hazard area provisions of this section and shall have the lowest floor, including basement and attendant mechanical equipment, elevated or floodproofed to the base flood elevation plus 2 feet of freeboard. Elevation or floodproofing certification is required in accordance with 30-4-26.10 if the lowest adjacent grade to the structure is less than 5 feet above the base flood elevation. All non-elevation design and certification requirements of 30-12-2.3(B) shall also apply.
   3. When base flood elevation data is not available from a federal, state, or other source, the base flood elevation shall be calculated by a registered professional engineer, in accordance with standard engineering practice and direction from the city. All new construction and substantial improvements within such areas shall comply with all applicable flood hazard area provisions of this section. The lowest floor, including basement and attendant mechanical equipment, shall be elevated or floodproofed to the higher of the base flood elevation plus 2 feet of freeboard or 2 feet above the highest adjacent grade. Prior to issuance of a certificate of occupancy, elevation or floodproofing certification is required in accordance with 30-4-26.10 if the lowest adjacent grade to the structure is less than 5 feet above the base flood elevation. All non elevation design and certification requirements of 30-12-2.3(B) shall also apply.

(Amended by Ord. 21-011 on 1/19/21)

Effective on: 1/19/2021

Effective on: 1/1/1901

(Amended by Ord. 10-161 on 12/1/10)

Effective on: 1/1/1901

(Amended by Ord. 10-161 on 12/1/10)

Effective on: 1/1/1901

(Amended by Ord. 10-161 on 12/1/10)

Effective on: 1/1/1901

(Amended by Ord. 10-161 on 12/1/10, Ord. 12-98 on 8/21/12, Ord. 20-098 on 7/21/20 and Ord. 20-099 on 9/1/20)

Effective on: 6/15/2021

(Amended by Ord. 10-161 on 12/1/10)

Effective on: 1/1/1901

(Amended by Ord. 10-161 on 12/1/10)

Effective on: 1/1/1901

(Amended by Ord. 10-161 on 12/1/10)

Effective on: 1/1/1901

(Amended by Ord. 10-161 on 12/1/10)

Effective on: 1/1/1901

7. Associated Requirements
   1. Approval for New Development
      The city shall issue an approval for new development only if the development application proposes to avoid impacts to stream buffers defined in this ordinance, or if the application proposes to impact such a buffer, and it demonstrates that the applicant has done the following as applicable:
      1. Determined that the activity is allowable in accordance with the requirements of this ordinance.
      2. Received a Determination of No Practical Alternative from the city according to 30-4-26.11.
      3. Received approval of a mitigation plan. Activities and structures designated as allowable with mitigation in Table 12-5 require a mitigation plan. The mitigation plan must be prepared pursuant to 30-12-3.9(G)5).
      4. Received a Type 5 Modification pursuant to 30-4-11.3(D), 30-4-11.7 and 30-12-3.4(C)2).
   2. Requirements for Categories of Activities and Structures in Stream Buffers
      Activities and structures designated in Table 12-5 as exempt, allowable, and allowable with mitigation within a riparian protection area shall have the following requirements:
      1. Exempt
         Activities and structures designated as exempt are permissible provided that they adhere to the limitations of the activity as defined in Table 12-5. In addition, exempt structures and activities shall be designed, constructed and maintained to minimize soil disturbance and to provide the maximum water quality protection practicable, including construction, monitoring, and maintenance activities.
      2. Allowable
         Activities and structures designated as allowable are permissible with restrictions and may proceed provided that there are no practical alternatives to the requested use pursuant to 30-4-26.11. This includes construction, monitoring, and maintenance activities.
      3. Allowable with Mitigation
         Activities and structures designated as allowable with mitigation may proceed provided that there are no practical alternatives to the requested use pursuant to 30-4-26.11 and an appropriate mitigation strategy has been approved pursuant to 30-12-3.9(G)4). These activities and structures require a determination of no practical alternative from the city in accordance with 30-4-26.11.

   3. Activities and Structures that are Existing and Ongoing
      30-12-3.9 shall not apply to activities and structures in the riparian protection area (Zones 1 & 2) that are legally existing and ongoing. Only the portion of the buffer occupied by the footprint of the existing activity or structure is exempt. However, this Section shall apply at the time an existing, ongoing activity or structure is changed to another activity or structure. Change of activity or structure shall involve the initiation of any activity that does not meet either of the following criteria for existing, ongoing activity:

      1. It was present within the buffer as of the effective date of the local ordinance enforcing this Rule and has continued to exist since that time (April 1, 1999 for Randleman and November 1, 2010 for all portions of the city’s jurisdiction except Randleman). Activities necessary to maintain activities and structures are allowed, provided that the site remains similarly vegetated, no built-upon area is added within 50 feet of the surface water and existing diffuse flow is maintained.
      2. It is a project or proposed development that has been determined by the Director of Water Resources to meet at least one of the following criteria:
         1. Project that requires a 401 Certification/404 Permit and these were issued prior to November 1, 2010;
         2. Project that requires a state permit (such as landfills, NPDES wastewater discharges, land application of residuals and road construction activities), had begun construction or been under contract to begin construction, and had received all required state permits and certifications prior to November 1, 2010;
         3. Project that is being reviewed through the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process (published by the US Army Corps of Engineers and Federal Highway Administration, 2003) or its immediate successor and that has reached agreement with DENR on avoidance and minimization by November 1, 2010; or
         4. Project that is not required to be reviewed through the Clean Water Act Section 404/National Environmental Policy Act Merger 01 Process or its immediate successor if a Finding of No Significant Impact has been issued for the project and the project has the written approval of the city prior to November 1, 2010.
   4. Mitigation
      1. Mitigation as described below shall be required of all persons who wish to impact a stream buffer when one of the following applies:
         1. A person has received a “No Practical Alternative Determination” pursuant to 30-4-26.11 for a proposed activity and structure that is designated as “allowable with mitigation;” or
         2. A person has received a Type 5 Modification pursuant to 30-4-11.3(D), 30-4-11.7, and 30-12-3.4(C)2) and is required to perform mitigation as a condition of granting the modification.
      2. The Director of Water Resources shall issue a mitigation approval upon determining that the applicant has made payment of a compensatory mitigation fee to the Riparian Buffer Restoration Fund pursuant to 15A NCAC 02B .0269 (Jordan Water Supply Nutrient Strategy: Riparian Buffer Mitigation Fees to the NC Ecosystem Enhancement Program) and that payment has been accepted by the NC Ecosystem Enhancement Program, or that payment has been made and accepted by a private mitigation bank that complies with banking requirements of the US Army Corps of Engineers, and the applicable criteria in Rule 15A NCAC 02B .0295.

(Amended by Ord. 10-161 on 12/1/10 and Ord. 20-099 on 9/1/20)

(Amended by Ord. 10-161 on 12/1/10)

Effective on: 1/1/1901

1. 5. Built-upon areas are designed and located such that the Technical Review Committee finds that the design of each site is such that all of the following are achieved:
      1. Minimize stormwater runoff impact to the receiving waters;
      2. Minimize concentrated stormwater flow;
      3. Maximize the use of sheet flow through vegetated areas;
      4. Maximize the flow length through vegetated areas; and
      5. Average and adjust any undisturbed areas, as required in 30-12-4.2(B), Land Disturbance, to reflect the density averaging.
   6. The built-upon areas on both lots are located in upland areas and away from surface waters and drainageways;
   7. Both lots comply with the high density stream buffers;
   8. The portions of the lots that are not being developed will remain in a vegetated or natural state, be placed in Density Averaging Easements (DAE) in accordance with Subsection 10) below, and be managed through one of the following means:
      1. Conveyance to an owners' association as common elements,
      2. Conveyance to a local government as a park, dedicated drainageway and open space or greenway; or
      3. Placement under a permanent conservation or farmland preservation easement.
   9. Metes and bounds descriptions of the areas to remain vegetated and limits on use shall be recorded as follows:
      1. On a Density Averaging Plat;
      2. If located within Common Elements, in the property’s declaration of covenants, conditions, and restrictions;
      3. If not located within Common Elements, in the individual deeds for each of the lots; and
      4. With language making them irrevocable unless amended under the no net decrease provisions of this ordinance.
   10. Density Averaging Easements (DAE) shall be platted over those areas that are not to be developed, which shall remain in a vegetated or natural state. Within such easements principal and accessory buildings and structures are not permitted and the natural ground cover and the natural tree canopy must be preserved, with the following exceptions:
       1. Utilities and associated erosion control structures may be constructed and maintained;
       2. Normal maintenance by mechanical means is allowed for the removal of dead, diseased, deformed, poisonous, or noxious vegetation and pests harmful to health;
       3. Mechanical mowing of utilities areas is allowed to control growth;
       4. The removal of dead trees and logs is permitted, provided the stumps remain;
       5. The removal of briars and vines is permitted, provided the underbrush remains in its natural state;
       6. The removal of hazardous trees (as determined by the Water Resources Director on a case-by-case basis) is permitted, provided that the stump remains and each tree removed is replaced with a newly planted tree at a 1:1 ratio; and
       7. The Technical Review Committee may grant a Type 2 Modification (see 30-4-11) for changes to existing Density Averaging Easements.

(Amended by Ord. 10-161 on 12/1/10, Ord. 13-108  on 8/5/13 and Ord. 20-098 on 7/21/20)

Effective on: 1/1/1901

(Amended by Ord. 10-161 on 12/1/10)

Effective on: 1/1/1901

Effective on: 1/1/1901

2. Land Disturbance
   1. No land-disturbing activity is allowed within channel drainageways carrying 17 cubic feet per second or more based upon the 100-year storm event, 15% slopes adjacent to drainageways, water quality conservation easements, or undisturbed easements (UDE), except for road crossings, greenway, and trail crossings, utilities, watershed devices, and soil erosion and sedimentation control devices associated with road crossing and utility construction.
   2. Cut or fill activities resulting in slopes of 33% or more are not allowed, except to meet minimum safety standards for roadways and trails or minimum building code or health code requirements.
   3. The transfer of stormwater from a drainage area of 5 acres or greater by piping or channeling between sub-basins within the WCA is not permitted unless approved by the Technical Review Committee. The piping or channeling of stormwater from a WCA to a GWA or to a non-watershed basin is allowed.
   4. A portion of the site shall remain in an undisturbed state in accordance with the following percentages:

1. 1. 1. At least 25% of the undisturbed areas are to include land that is wooded or reforested in accordance with the following:
         1. Reforestation shall include a minimum of one tree per 200 square feet of surface area and shall be made up of a mixture of deciduous hardwood and evergreen trees that are a minimum of 4 feet tall at planting and approved by the Water Resources Director.
         2. The trunk of any required tree shall be no closer than 10 feet to any other tree.
      2. All undisturbed areas are to be dedicated as undisturbed easements (UDE) in accordance with 30-12-4.2(C)1)c).
      3. When undisturbed areas are located in subdivisions with more than 2 lots, the undisturbed area shall be located within common elements and an owners’ association shall be required for the purposes of ownership and maintenance responsibility.
      4. The common elements for undisturbed areas shall have a minimum width of 24 feet, and shall be accessible to all homeowners in the development.

3. Protection of Fragile Areas
   1. Slopes Greater than 15% and Wetlands
      1. Slopes greater than 15% lying adjacent and parallel to natural drainageways or streams carrying 17 cubic feet per second or more based upon the 100-year storm event, and wetlands, shall remain in a natural and undisturbed condition except for road, greenway, or trail crossings, utilities, watershed devices, and soil erosion and sedimentation control devices associated with road crossing and utility construction.
      2. Dedication of these areas to the local jurisdiction and the public as drainageway and open space may be required wherever authorized by any provision in local ordinances.
      3. Where such dedication is not required, an undisturbed easement (UDE) shall be platted over such undisturbed areas, wetlands and slopes. Within this easement the natural ground cover and the natural tree canopy must be preserved, with the following exceptions:
         1. utilities and associated erosion control structures can be constructed and maintained;
         2. normal maintenance by mechanical means is allowed for the removal of dead, diseased, deformed, poisonous, or noxious vegetation and pests harmful to health;
         3. mechanical mowing of utilities areas is allowed to control growth;
         4. the removal of dead trees and logs is permitted, provided the stumps remain;
         5. the removal of briars and vines is permitted, provided the underbrush remains in its natural state;
         6. accessory buildings/structures, including fences, are not permitted to encroach into the easement; and
         7. the removal of hazardous trees (as determined by the Water Resources Director on a case-by-case basis) is permitted, provided that the stump remains and each tree removed is replaced with a newly planted tree at a 1:1 ratio.
      4. Where such areas have been dedicated as water quality conservation easements, the natural ground cover and natural tree canopy must be preserved, with the following exceptions:
         1. the cutting or trimming of overcrowded trees is allowed provided that no trees in excess of 3 inches in diameter as measured 12 inches from the ground are removed;
         2. utilities and associated erosion control structures can be constructed and maintained;
         3. normal maintenance by mechanical means is allowed for the removal of dead, diseased, deformed, poisonous, or noxious vegetation and pests harmful to health; and
         4. mechanical mowing of utilities areas is allowed to control growth.
   2. Drainage
      1. Drainage shall be provided by means of open channels.
      2. All such areas shall have protected channels or remain in a natural and undisturbed state, except for road crossings, trails, utilities, watershed devices, and soil erosion and sedimentation control devices associated with road crossing and utility construction.
4. Soils and Terrain
   Development on the best soils and terrain of any site is encouraged.
5. Clustering
   Clustering of residential development may be required by the Technical Review Committee in accordance with 30-7-3.3.

(Amended by Ord. 10-161 on 12/1/10)

Effective on: 1/1/1901

2. Containment Structures
   1. Storage tanks for fuels and chemicals and associated pumping and piping shall be provided a spill containment system.
   2. Such containment systems shall be of sufficient volume to contain 100% of all the tank(s) contents stored in the area and shall have a leak detection system installed.
   3. The containment system shall be approved by the Water Resources Director and the Fire Chief.
   4. Such tanks and containment structures shall not be placed closer than 1,000 feet to the normal pool elevation of the existing or proposed reservoir.
3. Underground Storage Tanks
   Underground storage tanks for fuels and chemicals shall not be permitted except as approved by the Planning and Zoning Commission following a finding that overall water quality protection will be enhanced as a result.
4. Point Source Discharges
   1. No expansion of any existing private wastewater facilities or establishment of any new public or private wastewater treatment plants of any kind shall be permitted. On-site individual residential septic systems approved by the Guilford County Health Department are permitted.
   2. Industrial pre-treatment facilities which prepare wastewater for discharge into a public sewer system shall be permitted in WCA districts.
      
      (Amended by Ord. 20-099 on 9/1/20)

Effective on: 6/15/2021

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

1. Timing of Rating
   1. Subdivisions
      Rated prior to approval of preliminary plat.
   2. Site Plans
      Rated prior to approval of site plan unless lot was prequalified by subdivision.
   3. Projects without Site Plans
      Rated prior to approval of the building permit.
2. Definitions, Explanations, and Standards
   1. Minimal Clustering
      Means: in SF that there is 15% or more open space; in MF & NR that buildings and parking are concentrated away from streams and steep slopes.
   2. Moderate Clustering
      Means: in SF that there is 25% or more open space; in MF that the Minimal Clustering criteria are met and that at least half of the units are in buildings of 2 stories or more; in NR that Minimal Clustering criteria are met and that parking uses 17-foot space depth and 24 foot aisles, or 8.5 foot space width.
   3. Major Clustering
      Means: in SF that there is 35% or more open space or that average lot size is not more than 2,000 sq. ft. larger than the minimum allowed; in MF that at least 75% of the units are in buildings of 2 stories or more, that the number of parking spaces is no more than 5% higher than the ordinance minimum, and that there is no BUA that could be marked to form additional parking spaces; in NR that the Moderate Clustering Criteria are met, as are the same parking requirements as in MF.
   4. Exceptional Clustering
      Means: in SF that there is 45% or more open space or that the average lot size is no more than 1,000 sq. ft. larger than the minimum allowed; in MF that the Major Clustering criteria are met and that all units are in buildings of 2 stories or more and some are in buildings of 3 stories or more; in NR that the Major Clustering criteria are met and that at least 20% of the parking spaces are inside buildings of 2 stories or more.
   5. Built-upon Area
      If, compared to the sidewalk installation requirements effective through December 31, 2002, the sidewalk installation requirements contained in Ordinance Number 02-239, effective January 1, 2003, increase the amount of sidewalk built-upon area, thereby reducing the number of built-upon area points earned, the Technical Review Committee may approve reductions to required street pavement widths, sidewalk widths, driveway widths, or off-street parking area, so as to result in the same built-upon area as under the previous sidewalk installation requirements.
   6. Proximity to Floodway
      If land is dedicated to the city as drainageway and open space, measure from the downhill edge of the land not dedicated. If a street crossing that dedication is required by the city, ignore it in measuring.
   7. Drainage
      1. Protected Drainageway means drainage is channeled by pervious devices such as sod waterways, berms, channels, or swales which have been constructed to resist soil erosion by either vegetating, netting, rip-rapping, or a combination of those, and which allows infiltration of water into the soil.
      2. Dispersed Drainage means spread out, as opposed to collecting the runoff in channels, so as to effect increased sheet flow and overland flow.
      3. Improved Drainageway means channeled by impervious surfaces such as curb and gutter or concrete (gunnite, bituminous, etc.) channels.
      4. Enhanced Drainageway means carried by existing natural drainageways which have been enhanced to resist soil erosion, including stream bank degradation.
   8. Average Slope
      Means the maximum inclination of the land surface from the horizontal as measured in percentage slope.
   9. Land is Subject to Grading or Filling
      Means if it is in street R/W, in a lot or common elements but not covered by a water quality conservation easement, or in an area that will be disturbed before being dedicated to the public.
   10. Sewage Disposal
       No points will be allowed for on-site septic tank systems or private sewage treatment systems.
   11. Wooded Area
       Thickly Planted in Tree Stands means that trees (but not shrubs) are planted at a Type A number and size planting rate. [Sample Calculation: if 30% remains wooded, 30 divided by 3=10 points; and if another 18% is thickly planted in tree stands, 18 ÷ by 6=3 points; total score is 13 points.]
   12. Grading
       Other measures are measures not covered above but which are deemed effective by, and assigned up to 10 total points by, the Technical Review Committee.

Effective on: 1/1/1901

Effective on: 1/1/1901

1. 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;
2. Limit Time of Exposure
   All land-disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time;
3. Limit Exposed Areas
   All land-disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time;
4. 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;
5. Control Sedimentation
   All land-disturbing activity is to be planned and conducted so as to prevent off-site sedimentation damage; and
6. 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.

Effective on: 1/1/1901

1. Buffer Zone
   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 sedimentation within the 25% of the buffer zone nearest the land-disturbing activity. Unless otherwise expressly stated the width of a buffer zone is measured from the edge of the water to the nearest edge of the disturbed area, with the 25% of the strip nearer the land-disturbing activity containing natural or artificial means of confining visible sedimentation.
2. Graded Slopes and Fills
   The angle for graded slopes and fills shall be no steeper than 2:1 slope if they are to be stabilized with vegetative cover. Slopes or fills steeper than 2:1 slope must be protected by structures. In any event, slopes left exposed shall, within 15 days of completion of any phase of grading, be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion.
3. Ground Cover
   Whenever land-disturbing activity is undertaken on a tract comprising more than one acre, if more than one acre is uncovered, 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 he shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in 30-12-6.4(B)5), provisions for a ground cover sufficient to restrain erosion must be accomplished within 15 business days or 30 calendar days following completion, whichever period is shorter.
4. Prior Plan
   Approval No person shall initiate any land-disturbing activity on a tract if more than one acre is to be uncovered unless, 30 or more days prior to initiating the activity, a soil erosion and sedimentation control plan for such activity has been filed, and such plan has been approved by the city.

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

(Amended by Ord. 10-161 on 12/1/10)

Effective on: 1/1/1901

(Amended by Ord. 10-161 on 12/1/10)

Effective on: 1/1/1901

(Amended by Ord. 10-161 on 12/1/10)

Effective on: 1/1/1901

Effective on: 1/1/1901

Effective on: 1/1/1901

(Amended by Ord. 10-161 on 12/1/10)

Effective on: 1/1/1901

Effective on: 1/1/1901

1. 2. Other property shall pay a service charge of $2.70 per month for each equivalent residential unit or portion of an equivalent residential unit on the parcel. No charge shall be made on parcels with less than 600 square feet of impervious surface.

Effective on: 1/1/1901

Effective on: 1/1/1901

3. Open Channels in Dedicated Drainageway and Open Space Areas
   1. Open channel drainageways must be based on the 100-year storm event.
   2. Drainageway and open space must be dedicated by a recorded plat and must be labeled “Dedicated to the City of Greensboro and the public for Drainageway and Open Space purposes.” If a portion of the drainageway and open space lies within a proposed thoroughfare shown on the Thoroughfare Plan, it must be labeled “Dedicated to the City of Greensboro and the public for Drainageway and Open Space and Thoroughfare purposes.”
   3. The dedicated drainageway and open space area along any stream that would require a 66-inch or larger diameter pipe must include the special flood hazard area. If there is no established flood hazard area identified on the FIRM or in the FIS report, the base flood elevation and one percent annual chance flood boundary are to be determined in accordance with 30-12-2.3(F)3). The area to be dedicated may be reduced in width by filling provided that a minimum average width of 200 feet is maintained, a minimum width of 100 feet is maintained at the narrowest point, no fill is placed within a designated floodway, and no slope greater than 3:1 is created. The minimum average width in other locations must be 60 feet.

1. 4. In cases of severe topography or other obstacles, additional width may be required to assure reasonable ease of maintenance.
   5. Dedicated drainageway and open space area must abut public street right-of-way on at least 30% of its perimeter, except when the Technical Review Committee determines that adequate access is otherwise provided. The minimum length of street frontage at each location where drainageway and open space abuts public street right-of-way must be at least 60 feet. The maximum distance between such locations, measured by straight lines on each side of the drainageway, may not exceed 1,000 feet.
   6. The centerline of the drainage channel that would require a 66-inch or larger diameter pipe must be located a minimum of 50 feet from all street and property lines, provided that the dimensions of the drainageway and open space area conform to all other requirements of this section. Along smaller drainageways, the minimum distance from the centerline is 20 feet.
   7. Dedicated drainageway and open space may be used for drainage, open space, greenways, bikeways, trails, and other similar recreation activities, including park- and trail- related improvements in accordance with applicable regulations. Dedicated drainageways may also be used to provide vehicular access to and from adjacent property (whether publicly or privately owned) upon property owner request if a determination is made by the Transportation Director that 1) the vehicular access to and from the adjacent property will enhance public safety; and 2) there is no other practicable method to achieve the same level of vehicular access. 
   8. Dedicated drainageway and open space may be used for utility lines provided the lines are shown on approved construction and utility plans before final plat recordation or approved by the Parks and Recreation Department after final plat recordation. The Parks and Recreation Director must determine vehicular access to and from adjacent property via the dedicated drainageway and open space does not adversely change the function of the drainageway and open space for public benefit as recreational space. Vehicular access provided to and from adjacent property via dedicated drainageway and open space must be designed in a manner to not increase downstream flood levels or create adverse drainage impacts to other properties based on a submission of requested information necessary for the City to make a competent determination. Stormwater mitigation measures may be considered to achieve equal or better performance. 
   9. Drainageway and open space must be left in its natural condition or graded to a cross-section approved by the city and stabilized with permanent vegetative cover that will allow economical and efficient maintenance. This provision is not intended to prevent use of dedicated drainageway and open space areas for drainage, open space, greenways, bikeways, trails, and other similar recreational improvements, or for vehicular access to and from adjacent property under the circumstances and approvals described above.
   10. Single-family lots abutting property 60 feet or more in width dedicated to the city and the public as drainageway and open space may be reduced in size in accordance with the provisions in 30-7-3.2(L).

4. Open Channels in Drainageway Maintenance and Utility Easements
   1. Open channels in drainageway maintenance and utility easements may not be utilized in any subdivision intended for single-family detached dwellings unless the Technical Review Committee determines that an open channel would not become a missing segment in a stormwater piping system and that the open channel is sufficiently distant from all anticipated building locations.
   2. The drainage maintenance and utility easement must include the special flood hazard area. If there is no established flood hazard area identified on the FIRM or in the FIS report, the base flood elevation and one percent annual chance flood boundary are to be determined in accordance with 30-12-2. The easement may be reduced in width or shifted by modifying the topography if permitted under the flood damage prevention regulations of 30-12-2 and the soil erosion and sedimentation provisions of 30-12-6. In such cases, the approved typical required drainage channel section must include the necessary channel to accommodate a one-hundred-year flood. The area outside of the required drainage channel may be filled; but any resulting slope may be no steeper than 2:1, unless the slope is protected by masonry paving, rip-rap, or other material that meets all city specifications.
   3. The minimum width of a drainage maintenance and utility easement may not be less than specified below if the edge of the easement as specified below and the edge of a required stream buffer are close to coinciding, the Water Resources Director may authorize the easement line to be moved to coincide with the stream buffer line.

1. 4. The drainage maintenance and utility easement must be centered on the drainageway unless the Technical Review Committee approves other easement alignments because of topographic conditions.
   5. In cases of severe topography or other obstacles, additional width may be required to assure reasonable ease of maintenance.
   6. If the Technical Review Committee determines that suitable access to the drainage maintenance and utility easement is not provided, access must be guaranteed by a suitably located access easement not less than 20 feet in width.
   7. It is solely the owner’s responsibility to maintain all streams and all required stream buffers located within the easement.
   8. If the City Council determines that it is in the public interest to alter the typical required channel section and/or profile of the stream to improve flow, the city may enter the property within the indicated access or drainage maintenance and utility easement and carry out the necessary work without liability for damage to the property or improvements located within the easement.
   9. No buildings or structures, except for water-related improvements, may be placed or constructed within the access or drainage maintenance and utility easement except as expressly allowed as easement encroachments. Drives, parking areas, or other improvements may be constructed no closer than 2 feet horizontally from the top of any back slope along any open watercourse.
   10. The stream buffer requirements of 30-12-3.9 apply along all intermittent and perennial streams.
       
       (Amended by Ord. 21-183 on 12/21/21)

Effective on: 12/21/2021

3. Standards
   1. General
      The following standards apply to all required open space areas:
      1. No more than 50% of a site’s total open space may be located in the floodway or floodway fringe.
      2. Stormwater facilities and drainageway areas, designed and improved as an amenity may be counted towards open space requirements.
      3. In addition to common elements owned by an owners' association, parkland, and drainageway and open space dedicated to the public, the following areas may be counted toward satisfying minimum open space may requirements:
         1. tree conservation areas;
         2. landscaped courtyards, rooftop gardens, plazas, pocket parks, and similar areas with a minimum area of 300 square feet that provide pedestrian amenities;
         3. paths and trails at least 10 feet in width and associated pedestrian amenities; and
         4. public sidewalks at least 6 feet in width and landscaped and associated public pedestrian amenities.
      4. Streets, drives, parking lots and other areas that are not generally usable for recreation purposes or that do not provide visual, aesthetic, or environmental amenities may not be counted toward satisfying open space requirements.
      5. For the purpose of these open space provisions, pedestrian amenities include decorative, commercial quality street furniture, benches and seats, fountains, planters, sculpture and other public art, bicycle racks (that do not impede pedestrian circulation), and/or similar improvements.
      6. Open space must be provided for each phase of a phased development in a cumulative amount sufficient to satisfy the open space requirements for the subject phase of development and all preceding phases of development.
   2. Planned Unit Developments and Developments in the LIM District
      In addition to the general open space standards of 30-12-8.2(C)1), planned unit developments and developments in the LIM District are subject to the following additional open space standards:
      1. Open space within a planned unit development and developments in the LIM District must be open to the air and not enclosed within a building or structure.
      2. To qualify as open space, land shall be usable and accessible as follows:
         1. A minimum of 75% of the provided open space must be usable and not occupied by streets, drives, parking areas, or structures other than recreational structures.
         2. All property owners in the planned unit development and developments in the LIM District must have access to the open space by means of a public street, a private street, a private drive, or an all-weather walkway in an easement a minimum of 20 feet in width.
      3. Up to 50% of the required open space for a planned unit development and developments in the LIM District may be contained within a public park with active recreational facilities or other public recreational opportunities available such that the usable portion of said park is located within 1,320 feet of the planned unit development, as measured along a system of public sidewalks and crosswalks.
         1. The Technical Review Committee may grant a Type 2 Modification in accordance with 30-4-11 for off-site opportunities located within 1,600 feet when they find that equal or better performance will result, with regard to nature and extent of either existing or proposed sidewalk enhancements or other pedestrian amenities located along the route.
         2. If a portion of the route does not contain a sidewalk, the Technical Review Committee may grant a Type 2 Modification in accordance with 30-4-11 when they find that equal or better performance will result, with regard to the pedestrian’s ability to safely traverse the non-sidewalk portion of the route.
      4. When the Parks and Recreation Director determines that there is either the need for or an opportunity to purchase property for park purposes or enhance existing city property for public park or usable public open space purposes within 2 miles of the planned unit development or developments in the LIM District, the developer may provide a fee in lieu of providing up to 50% of the required open space. Fees submitted in lieu of required open space must be in an amount equal to that of the average market value for actual city property purchased within the past 3 years for generally comparable property located within 5 miles of the planned unit development. Property values may be adjusted based on generally accepted appraisal practices. All fees collected by the city pursuant to this subsection must be deposited in an appropriate account and used only for the purchase of property for park purposes, or enhancing the existing city property for park purposes. Use of submitted funds must be coordinated with other park projects. If the use of the fee in lieu option is determined to not be appropriate by the Parks and Recreation Director, this option is permitted and the planned unit development must provide the required amount of open space through other allowed means.
   3. All other (non-PUD) Development
      In addition to the general open space standards of 30-12-8.2(C)1), non PUD developments are subject to the following additional open space standards:
      1. Only areas accessible at no charge, at least 24 feet in width and 1,000 square feet in area may be counted toward minimum open space requirements.
      2. The Technical Review Committee may grant a Type 2 Modification in accordance with 30-4-11 to reduce the open space requirements of this section (30-12-8.2) for non-PUD developments.

(Amended by Ord. 18-23 on 3/20/18)

Effective on: 1/1/1901

1. Only areas accessible at no charge, at least 24 feet in width and 5,000 square feet in area may be counted toward minimum WCA open space requirements.
2. All such areas not occupied by recreational facilities shall be grassed, landscaped, or wooded.
3. Prohibited uses are parking, private drives, private streets, garbage areas, mechanical equipment, and other similar uses. The strip of common elements encompassing a private street shall not be counted as open space.
4. Required open space located in subdivisions with more than 2 dwelling units or property owners must be included as part of the subdivision‘s common elements and is subject to the owners' association requirements of 30-13-9.

Effective on: 1/1/1901

Effective on: 1/1/1901